HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/07/1999 City of Kent
City Council Meeting
Agenda
CITY OF
d�9�II(�5PlA�
Mayor Jim White
Counci/members
Leona Orr, President
Sandy Amodt Connie Epperly
Tom Brotherton Judy Woods
Tim Clark Rico Yingling
September 7, 1999
Office of the City Clerk
CITY Of ZQ��1�!S
SUMMARY AGENDA
KENT CITY COUNCIL MEETING
September 7, 1999
r, VT1 Council Chambers
Mayor Jim White 7 : 0 0 m
P•
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
(� � I ( hoard /VI ��
4 . PUBLIC COMMUNICATIONS
A. Volunteer of the Month Presentation
B. Employee of the Month Presentation
C. Proclamation - Constitution Week
D. Sound Transit Train Speed Limit Briefing
5 . PUBLIC HEARINGS
A. Community Development Block Grant Year 2000 Funding
B. Street Vacation, SE 272nd Near 132nd SE
C. Street Vacation, Hawley Road
6 . CONSENT CALENDAR
A. Approval of Minutes
B. Approval of Bills
C. Corrections Facility Medical Services Contract -
Approve
D. King County Deed of Conveyance for Four Properties -
Accept
E. Intergovernmental Affairs Consulting Contract - Approve
F. City of Tukwila, Light Rail Resolution - Pass (5�3
G. Emergency Comprehensive Plan Amendment - Resolution /55`f
H. Level 3Com Limited Street License - Authorization
I . Horseshoe Acres Annexation Zoning - Set Hearing Dates
7 . OTHER BUSINESS
A. Mower/Hebert Comprehensive Plan Amendment
8 . BIDS
A. S . 272nd/277th St . Corridor, Fish Habitat Enhancement
9 . REPORTS FROM STANDING COMMITTEES AND STAFF
10 . REPORTS FROM SPECIAL COMMITTEES
11 . CONTINUED COMMUNICATIONS
12 EXECUTIVE SESSION
13 . ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library.
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office in advance at(253)856-5725. For TDD relay
service call the Washington Telecommunications Relay Service at 1-800-833-6388.
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) Volunteer of the Month Presentation
a �Rtivte�
B) Employee of the Month Presentation
C) Proclamation - Constitution Week
D) Sound Transit Train Speed Limit Briefing
�4/,A'
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Kent City Council Meeting
n Date September 7 , 1999
Category Public Hearings
1 . SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT YEAR 2000 FUNDING
2 . SUMMARY STATEMENT: This date has been set for a public
hearing to consider the Year 2000 Proposed Community Development
Block Grant (CDBG) program.
3 . EXHIBITS: Memo and staff analysis report
4 . RECOMMENDED BY: Public Works and 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:
7 . CITY COUNCIL ACTION: I�
Councilmember moves, Councilmember VV seconds
to approve the proposed year 2000 Community Development Block
Grant Program, including the contingency plan.
DISCUSSION:
ACTION:
Council Agenda
Item No. 5A
CITY Of 1100? L1U 3
f»VICTA Jim White, Mayor
Planning Department (253) 856-5454/FAX(253) 356-6454
James P. Harris, Planning Director
MEMORANDUM
September 7, 1999
MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS
FROM: CAROLYN SUNDVALL, HUMAN SERVICES PLANNER
SUBJECT: 2000 PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM
Attached is the proposed year 2000 Community Development Block Grant (CDBG) Program for the
City of Kent. The total proposed program is estimated at S550,416. The 2000 Program is a 20.8
percent ($144,940) decrease from our 1999 CDBG funding level of$695,356.
A description of each program requesting Kent's CDBG funds and the rationale for the
recommended funding is attached for your review. The Human Services Commission reviewed the
CDBG human(public) service applications and a Subcommittee of the Commission reviewed capital
applications. The attached proposal includes the Commission's funding recommendations. As in
past years, a major portion of the CDBG funds are recommended to support the City's Home Repair
Program. This program continues to serve many low-income, disabled and senior homeowners in
Kent by providing needed repairs. The program also guarantees that some of Kent's low and
moderate income housing stock is maintained and preserved.
Keep in mind that Kent's CDBG entitlement figure of$550,416 for 2000 is an estimate. The amount
of money we receive could change depending upon the final federal appropriations bill Congress
passes in the fall. Therefore, the recommended funding includes a contingency plan to address any
potential entitlement changes that may occur when Congress adopts the year 2000 budget. Kent's
adopted year 2000 CDBG Program must include such a contingency plan and be forwarded to King
County by September 30, 1999.
On August 16, 1999, The Public Works and Planning Committee approved the attached proposed
1999 CDBG Program and its Contingency Plan.
RECOMMENDED ACTION
1. Approve the proposed year 2000 Community Development Block Grant Program
(CDBG), including the contingency plan.
CS:pm P:HULfANSERVICESICDBGi2000CDBGImayorcounci!
Enc: Proposed 2000 Community Development Block Grant(CDBG)Program
Proposed 2000 Community Development Block Grant Staff Analysis
cc: James P. Harris,Planning Director
Katherm Johnson,Human Services Manager
"0-rh,AVE. S( _. KENT, '.VASHINCT^N;•<,i)3'_::r,: TELEPHONE '253,i856-5=00
PROPOSED 2000 CONINIUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGR CM
Estimated 2000 Capital Funds: I 5366,862
Estimated 2000 Planning&Administration Funds 87,987
Estimated 2000 Public (Human) Service Funds 95,567
Total CDBG Funds: $550,416
Capital Applications Requested Proposed
City of Kent Home Repair Program $253,916 $253,916
City of Kent Parks &Recreation: Kiwanis Tot Lot 42 ADA 69,648 67,946
Community Psychiatric Center: Transitional Housing 20,000 0
Catholic Community Services: Housing for Homeless Women )5,000 35,000
King County Housing Authority- Nike Manor 10,000 10,000
Kent Youth & Family Services: Facility Rehabilitation 32,000 0
Habitat For Humanity: Kent Site Acquisition& Development 30,000 0
Transitional Resources: Avalon Housing Construction 10,000 0
Total Capital $460,5641 $366,862
Public (Human) Service Applications Requested Proposed
Kent Community Health &Natural Medicine Services $37,500 $38,520
Kent Emergency Feeding Program 15,000 18,324
YWCA Domestic Violence Transitional Housing 37,170 38,723
Federal Way Family Center: At Appian Way Apartments 5,000 0
ANEW: On the Road to a Family Wage Job 5,000 0
Elderhealth Northwest: Connection Adult Day Care 7,000 0
Total Public (Human) Services $106,670 $95,567
Planning & Administration S87,987 $87,987
2000 COMMUNITY DEVELOPMENT BLOCK GRANT CONTINGENCY PLAN
PUBLIC (HUMAN) SERVICES
If the City of Kent receives an increase in public service dollars, the increase will be divided equally between the funded
agencies.
If the City of Kent receives a decrease in public service doilars, the decrease will be split proportionately between funded
agencies.
CAPITAL REQUESTS
If there is an increase in the Capital estimate, the increase will be split evenly between Catholic Community Services
Transitional Housing for Homeless Women and King County Housing Authority Nike Manor Emergency &Transitional
Housing Rehabilitation.
If there is a decrease in the Capital estimate, the decrease will be as follows: 1) the Home Repair Program will be
reduced by the amount of potential carry-over from the 1999 Home Repair Program. 2) The remaining decrease of funds
will be to the Parks & Recreation Kiwanis Tot Lot#2.
P:Human ServiceslCDBG',2000cdbg\proposed.doc
PROPOSED CITY OF KENT
2000 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRANI
STAFF ANALYSIS
CAPITAL PROJECTS
CITY OF KENT HOME REPAIR PROGRAM
Amount Requested: $253,916
Program Summary:
The City's Home Repair Program provides major rehabilitation, minor repairs, and house painting
services to income eligible owner occupied housing Iocated in the City of Kent. The proposed program
includes a full time program coordinator, two full time repair specialists and two temporary painter
positions. The program addresses health and safety issues and provides suitable living condition for low
and moderate income residents. Program costs represent a 1.66% decrease from 1999.
Local and Consortium Policies and Priorities:
The proposed project complies with all local and consortium policies.
Human Service Commission Subcommittee Funding Recommendation: $253,916
V-the City of Kent receives an increase or decrease from the current estimate, then funding for this program
i. /change. Refer to the Capital Contingency Plan for details.
Rationale:
The Home Repair Program has been in operation since 1975. The program serves 100% low and moderate-
income residents. Many of the clients are seniors or disabled persons. The program helps these people
remain in their homes and preserves Kent's housing stock.
CITY OF KENT'S PARKS AND RECREATION DEPARTMENT
Kiwanis Tot Lot#2 ADA
Project Summary:
This existing park is located at North 2nd Ave. and West Cloudy Street in Kent. Funds would be used to
replace and install new ADA play structures that meet the current safety and health standards. Fencing, ADA
gated entrances, and irrigation and turf restoration. Funding will provide low-income residents with
accessible play equipment. Park is located in a predominately low-income neighborhood. Project leverages
funds from the City of Kent and Kiwanis.
Amount Requested: $69,648
t
Local and Consortium Policies and Priorities:
The proposed project complies with all local and consortium policies. _
Human Service Commission Subcommittee Funding Recommendation: $67,946
If the City of Kent receives an increase or decrease from the current estimate, then funding for this program
may change. Refer to the Capital Contingency Plan for details.
Rationale:
The project will provide accessibility for the non-ambulatory population and enhance recreational
opportunities in a low and moderate-income neighborhood.
COMMUNITY PSYCHIATRIC CENTER
Transitional Housing for Public Inebriates
Amount Requested: $20,000
Program Summary:
Agency is requesting partial funding for property acquisition to build a 15 bed transitional housing facility
for persons with chemical abuse issues. Most of the clients will come out of the Cedar Hills Treatment
Center and are in recovery. Clients will receive intensive recovery support, case management and referrals
to chemical dependency treatment, if needed. There is no transitional housing in South King County for this
population. To date, site location has not been identified. Agency has received funding from King County
for land acquisition & construction. Other sources are still pending.
Local and Consortium Policies and Priorities:
The proposed project complies with all local and consortium policies.
Human Service Commission Subcommittee Funding Recommendation: -0-
Rationale:
There is not enough funding available to fund this project.
CATHOLIC COMMUNITY SERVICES
Transitional Housing for Homeless Women
Amount Requested: $35,000
Program Summary:
Agency is requesting partial funding for property acquisition to puTMhase an existing single family home
to be used as transitional housing for homeless women who are exiting the Regional Justice Center and
suffer from substance abuse. These women will have received treatment services while in jail. CCS is
proposing to provide intensified drug recovery services, including group and individual meetings and
classes in life skills. They will also assist the women in securing permanent housing and additional
substance abuse services as needed. Length of stay is approximately six months. Agency is currently
working with the Catholic Church in Kent for the possible purchase of a home in the downtown Kent
area. Support from the City of Kent is a critical piece for leveraging other dollars. Agency has received
funding from King County.
Local and Consortium Policies and Priorities:
The proposed project complies with all local and consortium policies.
I.-man Service Commission Subcommittee Funding Recommendation: $35,000
if the City of Kent receives an increase or decrease from the current estimate, then funding for this program
may change. Refer to the Capital Contingency Plan for details.
Rationale
This project will meet a gap in current services by providing housing and support services to homeless single
women and is critical for the agency to leverage other funding dollars.
KING COUNTY HOUSING AUTHORITY
Nike Manor Emergency & Transitional Housing Rehabilitation
Amount Requested: $10,000
Program Summary:
Agency is requesting partial funding to replace old, corroded and broken waste water lines to 31 units of
housing. 29 units are for clients, one unit houses the property manager and one unit is used as a community
center. Improved ventilation is needed in the units, and tree removal is necessary, as the roots have grown
into the pipes,jeopardizing the sewer system. Although the agency has not set aside funds for repairs in the
past, they now have a reserve replacement account, which is based on$52 a month per unit.
Local and Consortium Policies and Priorities:
T' project complies with all local and consortium policies.
Human Service Commission Subcommittee Funding Recommendation: $10,000
If the City of Kent receives an increase or decrease from the current estimate, then funding for this program
may change. Refer to the Capital Contingency Plan for details.
Rationale:
Nike Manor provides emergency and transitional housing. This is a sub regional cooperative funding effort
that will provide badly needed rehab of the plumbing system. Several of Kent's human service agencies
house clients at Nike.
KENT YOUTH & FAIMILY SERVICES - Facility Rehabilitation
Amount Requested: $32,000
Program Summary:
Agency is requesting funding to install an elevator in their two-story building. Although services are on
both floors, most of the counseling services are on the second floor. This is the last phase of a major
rehab program and would make the building barrier free. Project could be funded at $28,000. To date,
no other funds have been committed.
Lop—(.and Consortium Policies and Priorities:
T 1, xposed project complies with all local and consortium policies.
Human Service Commission Subcommittee Funding Recommendation: -0-
Rationale:
Agency has not secured the additional funds needed to complete this project.
HABITAT FOR HUMANITY - Kent Site Acquisition & Development
Amount Requested: S30,000
Program Summary:
Agency is proposing to partner with Kent Rotary and area churches to address the need for first time
homeownership. Kent funds will be used for acquisition and site development. The major funding for
this project is from area churches and has not been committed. To date, agency has not been able to use
their 1999 Kent funding, due to the escalating price of property. Agency may be overextending
themselves.
Local and Consortium Policies and Priorities:
The proposed project complies with all local and consortium policies.
Human Service Commission Subcommittee Funding Recommendation: -0-
Rationale:
There is not enough funding available to fund this project.
TRANSITIONAL RESOURCES - Avalon Housing Construction
Amount Requested: S10,000 -�
Program Summary:
Agency is constructing a 15-unit mental health facility to be Iocated in West Seattle. The Facility will
have three floors. Second and third floors will provide 14 units of permanent housing and one unit of
emergency housing. Agency has requested funds for the construction of the first floor, which will be
used for supportive services such as case management, counseling, and a multi-purpose room. 31% of
clients are from South King County. A unique factor in this project is that clients will have on-site
employment in the form of an organic lettuce growing operation. Total project cost is $2.1 million. This
project may involve relocation, which the agency has not budgeted.
Local and Consortium Policies and Priorities:
The proposed project complies with all local and consortium policies.
Human Service Commission Subcommittee Funding Recommendation: -0-
Rationale:
There is not enough funding available to fund this project.
� J
4
PLANNING & ADMINISTRATION
CITY OF KENT PLANNING AND ADMINISTRATION (for the CDBG program)
Amount Set Aside: $87,987
Program Summary:
The planning and administration of the CDBG program involves a number of tasks such as contact
development and monitoring, regional cooperation, and fulfilling the various federal reporting
requirements. These dollars will continue to fund an existing, permanent full-time planner position to
coordinate the CDBG Program. Funds will also be used for general program administration costs that
support Kent's CDBG program.
Local and Consortium Policies and Priorities:
The proposed project complies with all local and consortium policies.
Staff Funding Recommendation: $87,987
Rationale:
The Council has already taken action at their May 18, 1999 meeting to accept the maximum set aside for
Planning and Administration CDBG dollars. We need this amount to be set aside for planning and
administration & coordination, because Kent's general fund does not fully cover the staff time needed to
administer the CDBG program.
PUBLIC (HUMAN) SERVICES
Kent Community Health & Natural Medicine Services
Amount Requested: $37,500
Program Summary:
Community Health Centers will provide integrated primary medical and natural medicine services to low
and moderate income Kent residents. Funds will be used to contribute to the salaries of one family
practice physician and one naturopath.
Local and Consortium Policies and Priorities:
The project meets all local and consortium policies.
Human Service Commission Funding Recommendation: $38,520
If the City of Kent receives an increase or decrease from the current estimate, then funding for this
program may change. Refer to the Human Service Contingency Plan for details.
Rr`inale:
Ht, ,ch care services are a critical need in Kent. The Kent Clinic is the major point of access to medical
services for Kent's low-income population. Access to basic medical & naturopath services is limited for
low and moderate-income residents because of lack of insurance and the lack of medical providers who
accept Medicaid or Medicare clients
KENT EMERGENCY FEEDILNG PROGRAN[
Amount Requested: S15,000
Program Summary:
The Emergency Feeding Program provides emergency boxed meals for distribution at a number of sites
in Kent. This program differs from a food bank in that it provides nutritionally balanced meals for three
days. Special meals are available for specific health concerns such as high blood pressure, low sodium
diets, low sugar, and liquid diets. They also provide infant meal packs and food for the homeless that
doesn't need cooking. Funds will be used to fund staff positions and purchase food for clients.
Local and Consortium Policies and Priorities:
The proposed project complies with all local and consortium policies.
Human Service Commission Funding Recommendation: S18,324
If the City of Kent receives an increase or decrease from the current estimate, then funding for this
program may change. Refer to the Human Service Contingency Plan for details.
Rationale:
The agency provides nutritionally balanced and special diet meals to individuals and families in crisis.
The agency has demonstrated to the City that it is providing a vital service in a competent and efficient
manner.
YWCA DOMESTIC VIOLENCE TRANSITIONAL HOUSING
Amount Requested: S37,170
Program Summary:
This program provides emergency and transitional shelter along with support services for victims of
Domestic Violence and their children. Funds will be used to partially support the salary of direct service
staff as well as partial operating support for occupancy costs.
Local and Consortium Policies and Priorities:
The proposed project complies with all local and consortium policies.
Human Service Commission Funding Recommendation: S38,723
if the City of Kenn receives an increase or decrease from the current estimate, then funding for this program
may change. Refer to the Human Service Contingency Plan for details.
Rationale:
The agency's programs are designed to serve women and children who are homeless and who have also
experience Domestic Violence. Duration of stay is 6-18 months during which time clients receive case
management and assistance with attaining permanent housing. This is one major component in the
continuum of housing services needed to help victims move out of the cycle of violence.
6
FEDERAL WAY FAMILY CENTER - Family Center at Appian Way Apartments
-- Amount Requested: 55,000
Program Summary:
The agency proposed to provide after school programs that include ESL classes, a homework club and a
reading program for residents of the Appian Way Apartments. Funding would partially support the Program
Director, Assistant, and a part time Program Aide.
Local and Consortium Policies and Priorities:
The project meets all Iocal and consortium policies.
Human Service Commission Funding Recommendation: S -0-
Rationale: Commission expressed concerns about the qualifications of the teaching staff. There is
also a limited amount of funds available.
ANEW- On The Road to a Family Wage Job
Amount Requested: 55,000
Program Summary:
Agency offers a five-month trades training program for low-income women and men. Services would also
include case management,job placement, life skills, and follow up services. Funds would be used to provide
;hers to clients for obtaining a driver's license, automobile insurance, gas, food and rent.
Local and Consortium Policies and Priorities:
The project meets all local and consortium policies.
Human Service Commission Funding Recommendation: S -0-
Rationale: Agency serves a significant number of Seattle clients and they have not requested funding
from Seattle. The application also had many inconsistencies. This is also a duplication of services.
ELDERHEALTH NORTHWEST- Connection Adult Day Care
Amount Requested: $7,000
Program Summary:
Agency provides an adult day health center offering health &social services to frail elderly& individuals with
chronic illnesses or disabilities. Funding would partially pay the salary of a nurse.
Local and Consortium Policies and Priorities:
The project meets all local and consortium policies.
Huntn Service Commission Funding Recommendation: S -0-
Rationale: The agency has had difficulty meeting contract requirements.
7
2000 COMMUNITY DEVELOPMENT BLOCK GRANT CONTINGENCY PLAN
PUBLIC (HUMAN) SERVICES
If the City of Kent receives an increase in public service dollars, the increase will be divided equally between
the funded agencies.
If the City of Kent receives a decrease in public service dollars, the decrease will be split proportionately
between funded agencies.
CAPITAL REQUESTS
If there is an increase in the Capital estimate, the increase will be split evenly between Catholic
Community Services Transitional Housing for Homeless Women and King County Housing Authority
Nike Manor Emergency &Transitional Housing Rehabilitation.
If there is a decrease in the Capital estimate, the decrease will be as follows: 1) the Home Repair
Program will be reduced by the amount of potential carry-over from the 1999 Home Repair Program. 2)
The remaining decrease of funds will be to the Parks & Recreation Kiwanis Tot Lot 92.
8
Kent City Council Meeting
Date September 7, 1999
Category Public Hearings
1 . SUBJECT: STREET VACATION, SE 272ND NEAR 132ND SE
2 . SUMMARY STATEMENT: Resolution No. 1548 established
September 7 , 1999, as the public hearing date for the
application by William Fraser, to vacate a portion of S .E.
272nd Street, a dedicated, unopened street, lying generally
west of that street' s intersection with Kent Kangley Road and
132nd Avenue S .E. . A staff report recommending approval is
included in the Council' s packet .
3 . EXHIBITS: Staff report and map
4 . RECOMMENDED BY: Staff
(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: l!'
7 . CITY COUNCIL ACTIO .
Councilmember oves, Councilmember seconds
to approve/ the Planning Director' s recom-
mendation of approval of the application to vacate a portion of
S .E. 272nd Street, a dedicated, unopened street, lying
generally west of that street ' s intersection with Kent Kangley
Road and 132nd Avenue S .E. , as referenced in Resolution
No . 548 ; and to direct the City Attorney to prepare the neces-
ary ordinance upon compliance with the conditions of approval .
DISCUSSION:
ACTION:
Council Agenda
Item No. 5B
CITY OF T
A1V!V;;1aCnTnjt
Jim White, Mayor
ing Department (253) 8�6-54��/FAX(253) 856-645-4
James P. Harris,Planning Director
PLANNING DEPARTMENT
MEMORANDUM
August 30, 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 S.E. 272"d STREET—STV-99-5
RECOMMENDATION: APPROVAL WITH CONDITIONS
I. Name of Applicant
J.G. Kent Highlands, LLC
William H. Fraser
11400 S.E. 6" Street, Suite 220
Bellevue, WA 98004
(425) 450-2340
II. Reason for Requesting Vacation
The applicant states, "J.G. Kent Highlands L.L.C. owns four parcels of land, two on each
side of 272"d Street as shown on the enclosed site plan. The portion of the street sought
for vacation is currently blocked off and not in use. Or goal is to develop the fhur 1)arrPlc
of land and the vacated street as one contiguous shopping center. No other property
owners or public use would be affected by this street vacation."
III. Back round
The applicant proposes to vacate a portion of S.E. 272"d Street which runs westerly from
132"d Avenue South and southerly of Kent Kanglev Road for a distance of approximately
700 feet.
220 4th AVE.SO.. /KENT.WASHINGTON 98032-5895/TELEPHONE (253)856-5200
Street Vacation— STV-99-5
Page 2
IV. Staff Recommendation
After reviewing comments from the following departments and agencies:
• Public Works
• Police
• Parks
• U.S. West
• Puget Sound Energy
and conducting our own review, the Planning Department recommends that the request to
vacate a portion of S.E. 272nd Street as mentioned in Resolution 1548 and shown on the
accompanying map, be Approved with the following conditions:
1. That only the westerly 325 feet be vacated rather than the approximately 700 feet
requested by the applicant.
2. The City shall be compensated for the value of the right-of-way in accordance with
State and Kent laws.
3. Kent shall retain all easement rights over, upon, and under the 325 foot vacated right-
of-way for public utilities that presently exist and may in the future, from time to
time, be constructed and/or installed therein.
4. Kent shall retain all easement rights for private utilities that presently exist within the
proposed 325 foot vacation right-of-way. Further, the City shall retain the right to
grant private utilities any necessary easements in the vacated right-of-way.
5. The applicant shall deed to the City the necessary right-of-way to construct a cul-de-
sac turn around to be located at the westerly terminus of the vacated street. The cul-
de-sac radius shall be 55 feet or as otherwise determined by the Public Works
Director. Further, this deeded rieht-of-wav shall be deducted on a square foot per
square foot basis from the area of the portion of S.E. 2/2"d Street being vacated in
order to determine the amount the City is to be compensated under condition 2.
6. All monies received from condition 2 shall be transferred into the City's School
Pedestrian Walkway fund(R 36).
r
JPH/mjp:P/j im-h/stv99.5.doc
cc: Fred S. Satterstrom,Planning Manager
Enclosures
•� PROPOSED STREET V ACATIO'� i
TV
PART OF S.E. 272 STREET !
- �
AREA TO BE VACATED
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S.E. 272 STREET' AIj --•--_ .._ - -�E - ---
AREA TO BE VACATED I
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'Yf --^----------- - -------------- II _ _
Kent City Council Meeting
Date September 7, 1999
Category Public Hearings
1 . SUBJECT: STREET VACATION, HAWLEY ROAD
2 . SUMMARY STATEMENT: Resolution No. 1549 established
September 7, 1999, as the public hearing date for the appli-
cation by Ronald L. Wagers, to vacate a portion of Hawley Road
(Willis Street) , a dedicated, unopened street, lying south of
Willis Street (SR 516) , north of the Green River and west of
Washington Avenue (West Valley Highway) . A staff report
recommending approval is included in the Council' s packet .
3 . EXHIBITS: Staff report and map
4 . RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
r
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
OPEN HEARING:
PUBLIC INPUT:
CLOSE HEARING:
7 . CITY COUNCIL ACTION:A&44,_moves,
Councilmember Councilmember seconds
to approve/ the Planning Director' s recom-
mendation of approval of the application to vacate a portion
Hawley Road (Willis Street) , a dedicated, unopened street,
lying south of Willis Street (SR 516) , north of the Green River
and west of Washington Avenue (West Valley Highway) , as
referenced in Resolution No. 1549; and to direct the City
Attorney to prepare the necessary ordinance upon compliance
with the conditions of approval .
DISCUSSION:
ACTION: /
Council Agenda
Item No. 5C
CITY OF � �J t.
fNVICTA Jim White, Mayor
annmg Department - >> > - �
James P.Harris,Planning Director
PLANNING DEPARTMENT
MEMORANDUM
August 30, 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 HAWLEY ROAD (WEST WILLIS
STREET)- STV-99-6
RECOMMENDATION: APPROVAL WITH CONDITIONS
I. Name of Applicant
Ronald Wagers
P.O. Box 1994
Auburn WA 98071
(253) 639-0551
II. Reason for Requesting Vacation
The applicant states that the street vacation is being sought as a requirement set forth by
Kent for the construction of the Signature Pointe Apartments.
III. Backaround
A Mitigated Declaration of Nonsignificance (EIti'V-89-32) was issued for the Signature
Pointe East apartment complex on July 22, 1989. One of the conditions of this MDNS
(condition 4. A.) was that, "On-site and adjacent to the subject property improvements
shall include a minimum 24 foot paved roadway with curb and gutter(one side),
sidewalks, street lighting, storm drainage and related appurtenances with a cul-de-sac turn
around meeting City of Kent standards."
220-tth AVE.SO.. /KENT.WASHINGTON 98032-5895/TELEPHONE (25=)856-5200
Street Vacation— STV-99-6
Page 2
These improvements are partially built in the Hawley Road (West Willis Street) right-of-
way that is proposed to be vacated. The proposed street vacation should not be permitted to
negate or diminish these improvements.
IV. Staff Recommendation
After reviewing comments from the following departments and agencies:
• Public Works
• Police
• Parks
• Fire
• Puget Sound Energy
• U.S. West
and conducting our own review, the Planning Department recommends that the request to
vacate a portion of Hawley Road as mentioned in Resolution 1549 and shown on the
accompanying map, be Approved with the following conditions:
1. The City shall retain any and all easement rights for public and private utility
purposes upon, over and under the proposed vacated right-of-way.
2. The City shall retain the rights to grant to other public entities or private utility
companies and easement for any of their facilities which may presently exist within
the proposed vacated right-of-way.
3. The City shall be compensated for the value of the right-of-way in accordance with
applicable State law and City codes. Monies received by the City shall be deposited
in the city's School Pedestrian Walkway fund.
4. The vacation shall be limited to only that portion of the right-of-way which lies north
westerly of the existing cul-de-sac as determined by the Public Works Director and
shall not negate or diminish improvements required a,, part of the ND—NITS rF� /-89-
32) issued for the Signature Pointe apartments.
JPH/mj p:P/jim-h/stv99.6.doc
cc: Fred S.Sarterstrom,Planning Manager
Enclosures
% r��awawawawa �awa,i . rr. . . . . . . . ..r . . . .
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- ; - - PROPOSED STREET VACATION j
_____________ STV-99-6 r ! -- -
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CONSENT CALENDAR
6 . City Council Action:/��
Councilmember W yy moves, Councilmember UV
seconds that Consent Calendar Items A through I be approved.
Discussion
Action
6A. Approval of Minutes .
Approval of the minutes of the regular Council meeting of
August 17, 1999 .
6B. Approval of Bills .
Approval of payment of the bills received through August 16 and
paid on August 16, 1999, after auditing by the Operations
Committee on August 17, 1999 .
Approval of checks issued for vouchers :
Date Check Numbers Amount
8/16/99 221568-221837 $ 814 , 126 .27
8/16/99 221838-222375 $3 , 053 , 855 . 87
$3 , 867, 982 . 14
Approval of checks issued for payroll for July 16 through
July 31, 1999, and paid on August 5, 1999 :
Date Check Numbers Amount
8/5/99 Checks 237502-237882 $ 307, 005 . 73
8/5/99 Advices 82891-83509 828 , 170 . 15
r
$1, 135, 175 . 88
Council Agenda
Item No. 6 A-B
Kent, Washington
August 17, 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, City
Attorney Lubovich, Police Chief Crawford, Public Works Director
Wickstrom, and Finance Director Miller. Approximately 15 people
were at the meeting.
CHANGES TO Mayor White added IAC Funding as Item 7A and Train
THE AGENDA Speeds as Item 7B. Orr added Item 7C regarding
zoning. At the City Attorney' s recommendation,
Consent Calendar Item 6M was removed and discussed
as Item 7D. Mayor White announced the addition of
a brief executive session to discuss potential
litigation.
PUBLIC Condominium Zoning. Sam Pace, representing the
COMMUNICATIONS Seattle-King County Association of Realtors, 12015
115th Avenue NE, Kirkland, said it is critically
important for the members of the community to
understand what a big step forward Kent is taking
by passing the condominium zoning ordinance . He
said this will increase opportunities for young
adults and families to get into a home of their
own. He expressed pride in the City Council and
thanked them.
Introduction of Appointee. Mayor White introduced
Mr. Don Jensen, his appointee to the Kent Arts
Commission.
CONSENT ORR MOVED that Consent Calendar Items A through T
CALENDAR be approved, with added language to Item 6N and
with the exception of Item 6M which was removed.
Woods seconded and the motion carried.
MINUTES (CONSENT CALENDAR - ITEM 6A)
Approval of Minutes . APPROVAL of the minutes of
the regular Council meeting of August 3 , 1999 .
HEALTH & (CONSENT CALENDAR - ITEM 6E)
SANITATION Marina Pointe One. ACCEPT the Bill of Sale for
Marina Point One submitted by Marina Pointe One,
LLC for continuous operation and maintenance of
1, 117 feet of watermain, _ 1, 134 feet of sanitary
sewer and 1, 441 feet of storm sewer improvements
1
Kent City Council Minutes August 17, 1999
HEALTH & as complete and release bonds after the expiration
SANITATION period, as recommended by the Public Works
Director. The project is located at 5305 S .
234th Pl .
(CONSENT CALENDAR - ITEM 6F)
Promenade One. ACCEPT the Bill of Sale for
Promenade One submitted by Promenade LLC for
continuous operation and maintenance of 1, 450 feet
of watermain, 1, 097 feet of sanitary sewer and
1, 216 feet of storm sewer improvements as complete
and release bonds after the expiration period, as
recommended by the Public Works Director. The
project is located at 23301 54th Avenue S .
(CONSENT CALENDAR - ITEM 6G)
West Bay. ACCEPT the Bill of Sale for West Bay
submitted by West Bay LLC for continuous operation
and maintenance of 1, 933 feet of watermain, 1, 110
feet of sanitary sewer and 1, 531 feet of storm
sewer improvements as complete and release bonds
after the expiration period, as recommended by the
Public Works Director. The project is located at
5410 S . 235th St .
(CONSENT CALENDAR - ITEM 6H)
So. 212th Street Warehouse. ACCEPT the Bill of
Sale for S . 212th Warehouse submitted by O' Keefe
LLC for continuous operation and maintenance of
336 feet of watermain and 115 feet of street
improvements as complete and release bonds after
the expiration period, as recommended by the
Public Works Director. The project is located at
West Valley Highway & South 212th Street .
(CONSENT CALENDAR - ITEM 6I)
Proaressive International. ACCEPT the Bill of
Sale for the Progressive International Building
submitted by Kevin L. Wold for continuous opera-
tion and maintenance of 231 feet of sanitary sewer
improvements as complete and release bonds after
the expiration period, as recommended by the
Public Works Director. The project is located at
6111 S . 228th Street .
2
Kent City Council Minutes August 17, 1999
HEALTH & (CONSENT CALENDAR - ITEM 6Q)
SANITATION PS51 Two-Lot Short Plat. ACCEPT the Bill of Sale
for the PS51 Two-Lot Short Plat submitted by
Michael and Sonja Russell for continuous operation
and maintenance of 136 feet of sanitary sewer,
310 feet of street improvements as complete and
release bonds after the expiration period, as
recommended by the Public Works Director. The
project is located at S . 222nd St and 94th Avenue
South.
WATER (CONSENT CALENDAR - ITEM 6S)
125, 000 Gallon Water Tank Seismic Upgrades &
Painting. ACCEPT the 125, 000 Gallon Water Tank
Seismic Upgrades & Painting contract as complete
and release retainage to Fraser, Inc . upon
standard releases from the State and release of
any liens, as recommended by the Public Works
Director. The original contract amount was
$216, 636 . 99 . The final construction cost was
$217, 766 . 43 . Adequate funds exist within the
project budget to cover the overrun.
TRANSPORTATION (PUBLIC HEARINGS - ITEM 5C)
Six Year Transportation Improvement Plan. This
date has been set for the public hearing on the
Six Year Transportation Improvement Plan and
adoption of the resolution establishing same.
Public Works Director Wickstrom described changes
from last year' s plan as follows :
Deleted: 196th St . Corridor from Orillia Road to
West Valley Highway, as it will be completed in
October.
Deleted: 240th Street from 116th to 235th, which
will be complete.
Added: A small piece of 72nd Ave . , which is the
last link in connecting 72nd down to 228th.
Added: 132nd Ave. SE between 240th and 256th.
3
Kent City Council Minutes August 17, 1999
TRANSPORTATION Added: 148th Avenue at 256th for which bridge
grant funds can be requested.
He noted for Clark that there is funding for work
on Pacific Highway South.
Mayor White opened the public hearing. Connie
Baesman, 10206 SE 224th Street, Kent, distributed
a list of concerns regarding the 224th/228th
Corridor. She pointed out that the first time the
issue went to Council was in 1984, that the
Council deleted part of it from the Plan, and that
it was re-added some months later. She opined
that this Council should consider the questions
which were asked at that time. She offered her
services and agreed to leave a number where she
could be reached.
There were no further comments from the audience
and ORR MOVED to close the public hearing. Woods
seconded and the motion carried.
Mayor White offered to provide Ms . Baesman with
information as to what is in the Plan.
CLARK MOVED to adopt Resolution No. 1550 esta-
blishing the Six Year Transportation Plan. Woods
seconded and the motion carried.
ORR MOVED to make Baesman' s material part of the
record. Woods seconded and the motion carried.
PUBLIC WORKS (CONSENT CALENDAR - ITEM 6K)
H.E.S. Safety Grants . ACCEPT H.E. S . Safety
grants, establish a budget for same, transfer
funds as necessary, authorize the Mayor to sign
all appropriate grant documents and authorize the
expenditure accordingly, as recommended by the
Public Works and Planning Committee.
The Public Works Department has received notifica-
tion of a series of HES (Hazard Elimination
System) grant awards for a total of $294, 290 which
will require match monies of $41, 341 . The match
will be coming from City funds through R42 with
4
Kent City Council Minutes August 17, 1999
PUBLIC WORKS the James Street project between 1st & Central
Avenue project for $135, 000 to be funded by Sound
Transit .
(CONSENT CALENDAR - ITEM 6L)
Sale Of Surplus Vehicles. DECLARE certain
vehicles no longer needed by the City as surplus
and authorize the sale thereof at the next public
auction, as recommended by the Public
Works/Planning Committee.
(CONSENT CALENDAR - ITEM 6J)
Engineering Offices Remodel. AUTHORIZATION to
establish the Engineering Remodel fund & budget
and AUTHORIZATION to transfer funds from the
designated project funds listed in the memorandum
from the Public Works Director, as recommended by
the Public Works/Planning Committee .
TRAIN SPEEDS (OTHER BUSINESS - ITEM 7B)
(ADDED ITEM)
Train Speeds on Burlington Northern Railroad
Santa Fe Mainline Tracks . Deputy City Attorney
Brubaker explained that the Washington Utilities
and Transportation Commission will hold a hearing
on August 31 on raising the limits of train speeds
in the Green River Valley. He stated that current
speed limits are approximately 40 mph and that the
proposed limits are up to 79 mph for passenger
trains and 60 mph for freight trains . He said the
proposed resolution opposes raising the speed
limits until such time as adequate safety crossing
systems are put in place to protect the public .
Brubaker noted that the resolution also opposes
the closing of the existing Titus Street crossing
in Kent . He confirmed for Clark that if a long
freight train were to have an accident, traffic
flow would be dramatically affected and would pose
a threat to public safety, especially the ability
for emergency vehicles to get across the valley.
CLARK MOVED to adopt Resolution No. 1552 opposing
any increase in the train speeds on the Burlington
5
Kent City Council Minutes August 17, 1999
TRAIN SPEEDS Northern Santa Fe Mainline through the City of
Kent until acceptable public safety modifications
have been made at all crossings; and further
opposing any closure of Titus Street crossing of
the Burlington Northern Santa Fe Mainline in the
City of Kent; and authorizing the Mayor to take
any necessary action on behalf of the City to
further the goals of this resolution. Brotherton
seconded and the motion carried.
STREET USE (OTHER BUSINESS - ITEM 7D)
(ADDED ITEM)
(FORMERLY CONSENT CALENDAR - ITEM 6M)
Street Use Permit. The proposed ordinance would
amend Chapter 6 . 07 of the Kent City Code relating
to street use permits by adding new subsections
pertaining to street vendors, sidewalk cafes, and
sidewalk displays, as well as making other related
amendments .
The City Attorney noted that a question was
raised prior to tonight ' s meeting as to whether
electronic media signs were mentioned in the
ordinance, and said they are not . Clark explained
that the electronic sign on I-5 is on Federal
land, not State land, and said the sign is
distracting and somewhat of a hazard. He recom-
mended adding a prohibition of such signs to the
ordinance, and restricting them to public right-
of-way. Lubovich clarified that this ordinance
deals with public right-of-way and that the Zoning
Code deals with signs .
After discussion, Clark suggested adopting the
ordinance and discussing an amendment at the next
Public Works Committee meeting. Lubovich con-
curred. CLARK THEN MOVED for the adoption of
Ordinance NO. 3471 . Woods seconded and the motion
carried.
COMMUNITY (CONSENT CALENDAR - ITEM 6C)
DEVELOPMENT CDBG Year 2000 Funding. SET September 7, 1999,
BLOCK GRANT as the public hearing date for the Community
Development Block Grant Year 2000 Funding.
6
Kent City Council Minutes August 17, 1999
ZONING CODE (CONSENT CALENDAR - ITEM 6N)
AMENDMENT Condominium (Townhouse) Zoning ZCA-99-5 .
(CONDOMINIUMS) ADOPTION of Ordinance No. 3470 amending Title 15
of the Kent City Code establishing two new zoning
districts entitled "Multifamily Residential
Townhouse" MR-T12 and MR-T16 allowing for low to
medium density townhouse development to encourage
home ownership consistent with the comprehensive
plan, providing for related amendments to the
zoning code related to multifamily residential
townhouse development, and further AUTHORIZING
staff to recodify the ordinance to the new format
as set forth in Ordinance No. 3439 during the
current recodification of the Kent City Code.
(OTHER BUSINESS - ITEM 7C)
(ADDED ITEM)
Condominium Zoning. Orr explained that on
February 2, 1999, Council discussed a
Comprehensive Plan Amendment which would have
allowed a condominium development . She noted
that the proper provisions were not in place at
that time and that the issue was tabled. She
pointed out that the condominium ordinance has now
been adopted and MOVED that the tabled issue from
February 2nd be addressed at the September 7,
1999, Council meeting. Epperly seconded. The
City Attorney clarified that this is CPA-98-2 and
CPZ-98-9, the Mower-Hebert Comprehensive Plan
Amendment Rezone.
Clark noted that a piece of land overlaps in two
different zones and asked for a staff report . Orr
agreed, noting that the reason for the staff
report is so that Council knows whether they can
approve this item under the new condominium
ordinance . Her motion then carried.
PUBLIC SAFETY (CONSENT CALENDAR - ITEM 6T)
Domestic Violence. ADOPTION of Resolution
No. 1551 supporting programs and/or policies that
will enhance the safety of domestic violence
survivors (including children) and attempt to hold
abusers accountable, as approved by the Public
Safety Committee.
7
Kent City Council Minutes August 17, 1999
PARKS & (CONSENT CALENDAR - ITEM 60)
RECREATION Kent Memorial Park Licaht Pole Replacement. ACCEPT
the Kent Memorial Park Light Pole Replacement and
Installation Project completed by Golf Landscaping
Inc . as complete.
The Kent Memorial Park Light Pole Replacement and
Installation Project which was contracted with
Golf Landscaping has been inspected and accepted
by the project manager.
(CONSENT CALENDAR - ITEM 6P)
Russell Road Park Bleacher Purchase. ACCEPT the
Russell Road Bleacher Purchase and Installation
Project completed by Aluminum Bleachers as
complete.
The Russell Road Bleacher Purchase and Installa-
tion Project which was contracted with Outdoor
Aluminum has been inspected and accepted by the
project manager.
(OTHER BUSINESS - ITEM 7A)
(ADDED ITEM)
IAC Funding. Woods explained that this item came
to the Parks Committee today and MOVED to accept
and appropriate two IAC Youth Athletic Facilities
Grants in the amount of $23 , 319 for improvements
to Kent Memorial Park, and $15 , 161 for light pole
removal at Russell Road Park. Epperly seconded
and the motion carried.
Yingling pointed out that this is part of funds
which were a gift to the State from Paul Allen,
and expressed thanks .
(BIDS - ITEM 8A)
Linda Heights Park Renovation Project. The bid
opening for the Linda Heights Park Renovation
project was held August 13 , 1999 . Due to time
constraints, the bid information was not included
in the Council packets . Staff ' s recommendation is
that the Linda Heights Park Renovation project be
awarded to Fuji Industries, Inc. for $214, 000,
8
Kent City Council Minutes August 17, 1999
PARKS & plus Washington State Sales Tax. WOODS SO MOVED.
RECREATION Epperly seconded and the motion carried.
PUBLIC ACCESS (CONSENT CALENDAR - ITEM 6D)
STUDIO Public Access Studio Extension Request. APPROVAL
to extend TCI ' s obligation to provide a public
access studio facility to November 1, 1999 . TCI
is required to provide this facility under
Section 5 of TCI ' s current franchise agreement
with the City (Ordinance No. 3108) including all
amendments . Staff and the Operations Committee
support this extension so that the City can pursue
negotiations with Highline Community College to
provide a full service "community" access studio.
APPOINTMENTS (CONSENT CALENDAR - ITEM 6R)
Kent Arts Commission. CONFIRMATION of the Mayor' s
appointment of Don Jensen to serve as a member of
the Kent Arts Commission. Mr. Jensen is a Kent
resident and is an art teacher at Kent Junior
High. Additionally, he is a practicing artist .
He holds a Bachelor of Arts, Bachelor of Fine
Arts, Bachelor of Arts in Education from Western
Washington University and an Associate of Arts
from Green River Community College .
Mr. Jensen will replace Walter Hazen, who re-
signed, and his term will continue until 10/31/99 .
FINANCE (PUBLIC HEARINGS - ITEM 5A)
2000-2005 Capital Facilities Plan. This date has
been set to receive public input on the 2000-2005
Capital Facilities Plan. The Capital Facilities
Plan includes all expenditures for the next six
years as described in the Comprehensive Plan.
This Plan is updated annually. Public input is
encouraged as the City plans for future capital
facilities and infrastructure improvements .
Mayor White declared the public hearing open.
There were no comments from the audience. ORR
MOVED to close the public hearing. Woods seconded
and the motion carried.
9
Kent City Council Minutes August 17, 1999
FINANCE (PUBLIC HEARINGS - ITEM 5B)
2000 Operating Budget This is the first public
hearing on the 2000 Operating Budget . Public
input is desired and welcome as the City begins to
prepare for the 2000 budget .
Mayor White declared the hearing open. There were
no comments from the audience . ORR MOVED to close
the public hearing. Woods seconded and the motion
carried.
(CONSENT CALENDAR - ITEM 6B)
Approval of Bills. APPROVAL of payment of the
bills received through July 30 and paid on
July 30, 1999, after auditing by the Operations
Committee on August 3 , 1999 .
Approval of checks issued for vouchers :
Date Check Numbers Amount
7/30/99 220824-221081 $3 , 897, 864 . 93
7/30/99 221082-221567 3 , 120 , 773 . 23
$7, 018 , 638 . 16
REPORTS Council President. Orr thanked Mr. Pace for his
comments on the condominium ordinance, and
reminded Councilmembers of the Suburban Cities
dinner on September 8th.
Operations Committee. Woods noted that the next
meeting will be held on September 7th at 3 : 30 p.m.
Public Works/Planning Committee. Clark announced
that, due to the Labor Day holiday, the next
meeting will be held on Wednesday, September 8th
at 3 : 30 p.m.
Administrative Reports. At Mayor White ' s request,
Epperly stated that the life of a nine-year-old
was spared as a result of wearing a bicycle
helmet given to the boy during the recent Bicycle
Rodeo. She noted that a ceremony will be held on
August 18 to honor Brandon Thayer for his
commitment to bicycle helmet safety.
10
Kent City Council Minutes August 17, 1999
EXECUTIVE At 7 : 50 p.m. the meeting recessed to Executive
SESSION Session for approximately ten minutes .
ADJOURNMENT The meeting reconvened and adjourned at 8 : 05 p.m.
Brenda Jacober, MC
City Clerk
11
/u' I
n 7Tn
Kent City Council Meeting
Date September 7 , 1999
Category Consent Calendar
1 . SUBJECT: CORRECTIONS FACILITY MEDICAL SERVICES CONTRACT -
APPROVE
2 . SUMMARY STATEMENT: As approved by the Public Safety
Committee, approval and authority for the Mayor to sign a
contract with Occupational Health Services for medical services
at the Kent Corrections Facility.
The State and Federal Constitutions require Corrections
Facilities to provide medical services to jail inmates . The
Kent Corrections Facility currently contracts with Occupational
Health Services (OHS) for inmate medical care for the period
ending December 31, 2000 . Under the current contract, one
nurse provides all services to inmates . It has been determined
that additional medical services are necessary to maintain the
appropriate level of health care . This new contract reflects
the addition of 40 hours nursing and physician assistant
services with an increase cost to the City of $121, 505 . 00 over
the period of the contract .
3 . EXHIBITS: Contract for Services
4 . RECOMMENDED BY: Public Safety 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. 6C
Contractor: Public Hospital District No. 1 of King County d/b/a Valley Medical Center,
Occupational Health Services (OHS)
220 S.W. 43`d Street
Renton, WA 98055
Services Provided: Jail Health Services
Liaison OHS/VMC: Kelley Morse, RN
(425) 656-5439
City of Kent: Chief Ed Crawford
220 Fourth Avenue South
Kent, WA 98032
CONTRACT FOR SERVICES
THIS AGREEMENT, entered into as of the day of , 1999, by the
City of Kent, a Washington municipal corporation (hereinafter "City"), and the Public Hospital
District No. 1 of King County, a Washington municipal corporation d/b/a Valley Medical Center
Occupational Health Services, (hereinafter "Contractor"). This contract supersedes all other
contracts and addenda previously entered into by and between City and contractor for medical
services provided at the Kent Corrections Facility.
WITNESSETH
WHEREAS,the City is undertaking certain activities necessary to meet health needs as they
relate to correctional health services; and
WHEREAS, the City desires to engage the Contractor to render certain services in
connection with such undertaking of the City.
NOW THEREFORE,the parties do mutually agree as follows:
I. Scope of Service.
A. The Contractor's responsibilities include:
1. A Registered Nurse("RN")will be scheduled for 80 hours per week,
and a Physician Assistant ("PA") will be scheduled for 4 hours per
week or a combination of staff and hours to equal 84 clinical staff
hours per week, excluding holidays. RN and PA hours will be
scheduled in a manner that provides the staffing of an RN or PA at
CONTRACT FOR SERVICES- 1
City of Kent1VMC-OHS-7/12/99
PACMI FILES\0385Uai1-VMC-Contract.doc
the Kent Corrections Facility during the daytime hours of each day
and during the evenings on Monday, Wednesday, and Friday.
Prior to performing more than 10 hours of overtime during a
continuous week, Contractor shall notify the City, and receive
approval therefore.
Holidays and leaves of absence will necessitate variation in the
scheduling of personnel and ability to recruit appropriate staff may
limit ability to provide services. For the eight(8) holidays listed in
Exhibit B, Contractor will not provide staff and coverage in the clinic.
However,telephone conversation services will be available. The 64
hours resulting from the eight holidays will be scheduled and worked
throughout the year that the holidays occurred. An RN and/or PA
will staff those hours, and a report of the hours worked will be
provided at the City's request and at each quarterly meeting.
2. Staff Assistance.
Contractor will provide assistance to staff for minor injuries,
vaccinations, and a yearly TB test.
3. Sick Call.
a. A minimum of 20 hours/week of sick call will be available.
It will be scheduled Monday through Friday. Clinic hours will
be determined by mutual agreement. Sick call consists of
diagnostic and treatment services for acute and chronic illness
and will be provided by an RN and Physician Assistant
consistent with Section I(A)(1).
b. Treatment of acute or chronic medical conditions will be
limited by:
• Licensure, certification, and training of the RN and
PA; and
• Availability of monitoring, observational and
treatment capabilities of qualified staff.
C. Laboratory tests ordered by Contractor staff will be handled
by the Contractor. Lab tests are not included in the base
agreement.
-
CONTRACT FOR SERVICES-2
City of KenWMC-OHS-7/12/99
P:\C iv i lT ME S\03 9 5U ai IN MC-Contract.MC-Contract.doc
4. 14-Day Health Appraisal.
a. 14-day health appraisals will be conducted within the 10`'and
14'day of confinement.
b. The 14-day health appraisal will include:
Basic medical/health history;
• Vital signs;
• Brief physical examination;
• TB skin test;
• Syphilis serology; and
• Review of Contractor-approved Reviewing/Screening
form.
5. Health Receiving Screening.
a. The Contractor will update, as necessary, the Health
Receiving/Screening form.
b. The Contractor staff will train Corrections officers in use and
application of the form.
C. The Contractor staff will review all Health
Receiving/Screening forms and recommend appropriate
follow-up.
6. Triage.
a. Corrections staff will collect written inmate
complaints/requests.
b. Contractor staff will review written inmate
complaints/requests during normal Monday through Sunday
clinic hours.
C. Contractor staff will prioritize complaints/requests and will
follow-up as appropriate.
CONTRACT FOR SERVICES-3
City of KenWMC-OHS-7/12/99
P:1C ivil\FR.ES%038 Nail-V MC-Contract.doc
7. Medical Records.
a. Contractor staff will maintain the medical records system.
b. Contractor staff will maintain a system which protects the
confidentiality of health information.
C. Corrections staff will ensure the provisions of Section 6(A)
above are maintained.
d. Contractor staff, upon notification of Corrections staff, will
prepare appropriate information on inmates transferred to
another correctional facility.
e. Pursuant to RCW 70.02.050(1)(i), Contractor shall disclose
to the City upon its request health care information and records
concerning an inmate of the City Corrections Facility.
Contractor is the keeper of the medical records. With the
exception of those records released pursuant to RCW
70.02.050(1)(i),the release of any confidential medical
information will be done by the Contractor per the Contractor's _
policy and procedures.
f. Contractor will provide clerical staff to handle medical records.
8. Policy and Procedure Manual.
Contractor will maintain a policy and procedure manual for activities
and services provided by Contractor staff.
9. Medications.
Prescriptions written by Contractor will be supplied in standard
pharmacy packing through a pharmacy contract of the Contractor.
Contractor will deliver prescriptions once a day, Monday through
Friday. Contractor will identify and stock over-the-counter drugs that
are commonly used, and bill City a monthly fee for the amount of
inventory used.
CONTRACT FOR SERVICES-4
City of Kent/VMC-OHS-7/12/99
P dCiv RTILE S\03 8 SUail-VMC-Contract.doc
10. Medication Administration.
Contractor staff will administer all jail health-approved medications
to the individual inmates when such staff are on-site during normal
Monday-Sunday clinic hours. The City will be responsible for
medication distribution at other times. Contractor will be responsible
for leaving written instructions for the correctional staff for after-hours
administration.
11. Dental Services.
On-site dental services will be limited to tooth blocking or pain relief
during normal clinic hours.
a. Emergency and traditional dental services will be scheduled
and coordinated by Contractor staff during normal,Monday-
Sunday clinic hours. Individual dental clinics will handle
insurance billing and bill the City separately.
12. Telephone Consultation Services.
Contractor staff will provide limited telephone consultation to
Corrections staff during periods when the clinic is not scheduled to
be open,to include after-hours, weekends, and late night calls. This
service is subject to the following limitations:
a. Contractor staff will be available only at telephone numbers
which they will provide;
b. Contractor staff will not be on any form of"standby";
C. Telephone consultation will be limited to basic medical
triage/screening and not be construed as emergency care.
Contractor staff will provide advise regarding necessary further
action required. Contractor and the City will develop written
guidelines for use of the telephone consultation service; and
d. Contractor staff who receive consulting telephone calls will
maintain a log indicating the date, time, length of call, and
general call content. This log will be reviewed at least
quarterly or upon request,with the City Correctional Facility
Administrator.
CONTRACT FOR SERVICES-5
City of KentIVMC-OHS-7/12/99
P:\Civil\FII.ES\0385Uai l-V MC-Conu=.doc
13. Coordinate Appointments.
Contractor will coordinate all appointments that utilize outside
providers and services including dental. Contractor will work with
Corrections staff to ensure transportation is available for scheduled
appointments.
14. Direct Billing.
Contractor will participate in directly billing the Department of Social
and Health Services or private insurance companies where applicable.
The Contractor will also make all the appropriate inquiries regarding
health care coverage.
15. Optional Services.
a. Transportation—Contractor is not responsible for transporting
inmates to and from medical facilities. Transporting, escort
services, and security will be provided by the City.
b. X-ray and Urgent Care Services—for certain offenders,
Contractor will provide x-ray and urgent care services to the
City at Contractor's location during normal clinic hours on a
pre-scheduled basis. These services are not included in the
base agreement set forth in paragraph III(A).
C. Psychiatric Services—Contractor will assist the City in
identifying cost-effective alternatives for psychiatric services.
16. Quarterly Meetings.
The Contractor's Jail Health Services Administrator or designee will
meet quarterly with the City's Correctional Facility Administrator and
review the heath care delivery system.
17. Quarterly and Annual Reports.
The Contractor will provide quarterly and annual statistical reports on
the health care delivery system in the City's correctional facility, to
include, but not to be limited to:
CONTRACT FOR SERVICES-6
City of Kent/VMC-OHS-7/12/99
P:\Civil\FILES\0385\Jail-VMC-Contract.doe
a. Number of hours of work performed for the City by Contractor;
b. The number of inmates for whom OHS staff performed service;
C. The number of times the hospital has been utilized for service;
and
d. The average number of after-hours pages received by OHS
staff.
18. Subcontractors.
Contractor shall bill directly any subcontractors of the City that
Contractor provides services for to such subcontractor's inmates.
Such services being limited to the following services under the
Contract:
a. Over-the-counter medication;
b. Prescription medication; and
C. Medical visits/exams and ancillary services provided at
VMC's OHS clinic site.
If payment is not received by the City's subcontractor within sixty
(60) days of billing by Contractor, Contractor shall bill the City and
the City shall remit full payment within thirty(30) days of receipt of
such bill. It will be the City's responsibility to collect from the
subcontractor.
B. The City's responsibilities include:
1. Providing an appropriate examination room, furnishings,
telephone, and security for the Contractor's staff;
2. Providing for the security of records and maintenance of
confidentiality when Contractor staff is not on-site;
3. Providing medical, dental,pharmacy and psychiatric services not
specifically provided by the Contractor; and
4. The City's Correctional Facility administrator, or designee, will
meet quarterly with the Contractor's Jail Health Administrator, or
designee,to review the health care delivery system.
CONTRACT FOR SERVICES-7
City of Kent/VMC-OHS-7/12/99
P:\Civil\FILES\0385\Jaii-VMC-Contract.doc
Il. Time of Performance.
The services of the Contractor are to commence of the Pt day of July, 1999, and to
terminate on the 3 1"day of December, 2000. The duration of the contract may be
extended or terminated upon mutual written agreement between the parties hereto
and pursuant to the terms and conditions of the agreement. All requests for
extensions and changes to the Contract must be provided to the Corrections Facility
Administrator by May 1 of the year the Contract expires.
III. Compensation and Method of Payment.
A. The City agrees to compensate Contractor as set forth in the Fee Schedule
attached hereto as Exhibit"A." The scope of Contractor's services shall
be as set forth in Exhibit"A" and as otherwise set forth in the Agreement.
Any service which is mentioned in this contract, but which is not mentioned
in Exhibit"A,"shall be included in the annual fee paid by the City as set forth
in Exhibit"A," and no further payment shall be forthcoming.
B. The City shall pay Contractor monthly and within 30 days of receipt of an
accurate invoice from Contractor. Late payments shall bear interest at 1%
per month.
C. Any services requested by City and provided by Contractor that are not set
forth in Exhibit"A," shall be billed by Contractor at its usual and
customary rates.
IV. Indemnification.
The City will protect, defend, indemnify, and hold harmless the Contractor, its
officers, employees, and agents from any and all costs, claims,judgments, and/or
awards of damages, arising out of or in any way resulting from the negligent acts or
omissions of the City,its officers,employees, and/or agents. The City agrees that its
obligations under this subparagraph extend to any claim, demand, and/or cause of
action brought by or on behalf of any employee or agent. For this purpose,the City,
by mutual negotiation, hereby waives, in respect to the Contractor only, any
immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. In the event the Contractor incurs any
judgment, award, and/or cost arising therefrom, including attorney's fees,to enforce
the provisions of this article, all such fees, expenses, and costs shall be recoverable
from the City.
CONTRACT FOR SERVICES-8
City of KenWMC-OHS-7/12/99
P\Civil\FQ.ES\0385Uail-VMC-Convact.doc
The Contractor shall defend, indemnify, and hold the City, its officers, officials,
employees, agents, and volunteers harmless from any and all , claims, injuries,
damages, losses or suits, including all legal costs and attorney's fees, arising out of
or in connection with the performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
The City's inspection or acceptance of any of Contractor's work when completed
shall not be grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT
THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 R.C.W.,
SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS
WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
The Contractor agrees that the obligation to indemnify, defend, and hold harmless
the City and its agents and employees under this subparagraph extends to any claim,
demand, or cause of action brought by or on behalf of any employee of the
Contractor, against the City, its officers, agents, or employees and includes any
judgment, award, and cost arising therefrom, including attorney's fees.
V. Changes.
Either party may request changes in the scope of services, performing or reporting
standards, or budget provided herein. Proposed changes which are mutually agreed
upon shall be incorporated by written amendments to this agreement, signed by both
parties. This contract supersedes all previous contracts or agreements relative to
services.
VI. Termination.
The City may,by written notice of default to the Contractor,terminate the whole or
any part of the Agreement if the Contractor fails to provide services called for by this
Agreement within the time specified herein, or if funding becomes no longer
available for the project described herein.
Either party to this Agreement may terminate the whole or any part of the Agreement
for any reason by providing written notice to the other party ninety (90) days prior
to the effective date of termination.
CONTRACT FOR SERVICES-9
City of Kent/VMC-OHS-7/12/99
P:\C iv i 1\F ILE 5\03 8 S V ai I-V MC-C ontract.doc
VII. Notification.
Each party shall identify an individual who can receive notification and assist in
solving problems which may arise out of or in connection with the performance of
this contract.
City of Kent Corrections Facility Valley Medical Center
Name: Ed Crawford Name: Kelly Morse
Title: Chief Title: Director,Renton Occuvational Health Svcs.
Phone:S253) 856-5963 Phone: (425) 228-3440, x5439
Address: 220 Fourth Ave. S. Address: 220 SW 43'd St.
Kent, WA 98032 Renton, WA 98055
VIII. Insurance.
The Contractor shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property that my arise
from or in connection with the performance of the contract work by the Contractor,
its agents, representatives, employees, or subcontractors.
Before beginning work on the project described in the Agreement, the Contractor
shall provide Certificate of Insurance evidencing:
A. Automobile Liability insurance with limits no less than$1,000,000 combined
single limit per accident for bodily injury and property damage; and
B. Commercial General Liability insurance written on an occurrence basis with
limits no less than One Million Dollars ($1,000,000) combined single limit
per occurrence and Two Million Dollars ($2,000,000) aggregate for personal
injury, bodily injury, and property damage. Coverage shall include but not
limited to: blanket contractual; products/completed operations/broad from
property damage; and employer's liability. Any payment of deductible or
self-insured retention shall be the sole responsibility of the Contractor.
The City reserves the right to receive a certified copy of all the required insurance
policies.
IX. Independent Contractor.
The parties shall intend that an Independent Contractor-Employer Relationship will
be created by this Agreement, the City being interested only in the results obtained
under this Agreement. This contract does not create an agency relationship between
CONTRACT FOR SERVICES- 10
City of Kent/VMC-OHS-7/12/99
P:1Civi RFILES\0385 V ai I-V MC-Contract.doc
the care provider Occupational Health Services ("OHS") or Valley Medical Center
("VMC") and the City of Kent. Neither OHS nor VMC is an agent or legal
representative of the City of any purpose. The agency is not granted any express or
implied right or authority to assume or create any obligation or responsibility on
behalf of or in the name of the City or to bind the City in any manner.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.
CITY: CONTRACTOR:
City of Kent Public Hospital District No. 1 of King County
d/b/a Valley Medical Center
Occupational Health Services
By: By: ze' w'
Print Name: Jim White Print Name:
Its: Mayor Its: R.C�.:�Sr�-dn� - ✓"+� �a
By:
Print Name: Ed Crawford
Its: Chief of Police
ATTEST: ATTEST:
By: By:
Brenda Jacober, City Clerk Print Name and Title:
APPRO AS O
Arthur' at" Fitzpatrick
Assistant City Attorney for the
City of Kent
CONTRACT FOR SERVICES- 11
City of KenWMC-OHS-7/12/99
P:\C ivi I\FILES\0385\Iai I-VMC-Contnct.doc
EXHIBIT A
BASIC PROGRAM COMPONENTS FEE
Clinical Staff and Services July 1,1999—December 31,1999
Registered Nurse&Physician Assistant $115,440.00
Malpractice Insurance January 1,2000—December 31,2000
Trained clinicians for back-up/coverage $245,380.00
Medical Director Oversight
On-site services 84 hours/week(including a minimum of 20
hours/week of sick call)
Injury and illness treatment services
14-day Health appraisal Exam services(see lab fees below)
Administration of vaccinations&TB tests
Basic dental services,i.e.tooth blocking&pain relief
Triage system
Medication Administration
24 hour Telephone Consultation Services Included in annual rate
Access to clinical staff 24 hours/day,7 days/week
Telephone Consultation Guidelines
Policies/Procedures&Clinical Guidelines Included in annual rate
Operational Policies&Procedures
Clinical Protocols,Practice Parameters,&Triage
Guidelines
Dental Services Usual and customary rate
Appointment Coordination Included in annual rate
Ongoing Medical Records Management Included in annual rate
Initial Photocopying of Records One time fee at usual and customary
rates
Insurance Billing Included in annual rate
Program Set-Up,Management& Medical Oversight Included in annual rate
Program Set-up
Recruiting,Hiring,Credentialing Staff
Training
Scheduling
Medical Records System
Operational Maintenance
Access to Medical Director and Clinic Manager 24
hours/day,7 days/week
Quarterly Meeting Attendance
Ongoing Personnel Management
Problem Solving
Identifying Service Gaps
Medical Oversight
Access to Medical Director and Clinic Manager 24
hours/day,7 days/week
Quarterly Meeting Attendance
Quarterly Assurance
Quality Improvement
Scope of Practice Monitoring
Referral Monitoring
EXHIBIT A
(CONTINUED)
ADDITIONAL PROGRAM ELEMENTS FEE
Lab&Health Appraisal Tests
Blood Draw $15.00(off-site only)
CBC with Differential $12.00
Urine Collection $15.00(off-site only)
Urinalysis $11.00
Throat Culture $26.95
RPR $M00
Dilantin Level $30.00
Chem Panel— 19 $20.00
VDRL $17.00
TB Skin Test $12.00
Culture Specimen,Bacteria $18.00
Grain's Stain,Smear(Stain&Interpretation) $9.00
Pregnancy Test,Urine $11.00
Chlamydia $13.50
Trichomonas $8.00
All other general medical related tests Usual and customary rates
Supplies&Medication Stocking No additional charge for inventory
monitoring. Actual goods billed at OHS'
cost.
Delivery of Medication
Daily Delivery of Prescription Medication(Monday-Friday) No additional charge
Weekend and Emergency Deliveries Arranged at a negotiated rate
Occupational and Employee Health Services
On-the-Job Injury Triage System No additional charge
On-site Employee Health Services To be priced at competitive rates but
Flu Shots provided on-sire for convenience
TB Skin Test
Hepatitis B,Series of Three Injections(includes vaccine)
Hepatitis B,Injection Only
Hepatitis B Titer
Hepatitis B Vaccine—Booster
Drug Screen,Collection and Lab Processing
Drug Screen,Collection Only
Medical Review Officer Services
Breath Alcohol Test
Breath Alcohol Test Confirmation
OPTIONAL SERVICES FEE
Transportation No additional charge for coordination
responsibilities
Services Not in Jail Health Service Guidelines
On-site Physician Services $150.00/hour
X-ray Usual and customary rates
Urgent Care Services(available Monday-Friday,6:00am- OHS fee schedule(based on the Dept.of
6:00pm,at OHS Renton,and 7:00am-5:00pm at OHS Auburn) Labor&Industries fee schedule)
Emergency Services at VMC's Emergency Department Usual and customary rates
Psychiatric Services No additional charge for evaluating
alternatives
0/1
Kent City Council Meeting
Date September 7 , 1999
Category Consent Calendar
1 . SUBJECT: KING COUNTY DEED OF CONVEYANCE FOR FOUR
PROPERTIES - ACCEPT
2 . SUMMARY STATEMENT: As approved by the Parks Committee on
August 17, 1999, the Parks Director is requesting Council
accept the four open space areas remaining from the 1996
Meridian area annexation. They are listed as :
Kentridge Estates, Division #3 , Tract A
Park Meridian, Tract B
Rainier View Estates, Tract A
Sun Meadows, Division #2
3 . EXHIBITS: Memo from Lori Flemm dated 7/2/99; King County
letter of Conveyance; and copy of Interlocal Agreement/
Ordinance No. 13419
4 . RECOMMENDED BY: Staff and Parks Committee
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6D
MEMORANDUM
TO: Mayor Jim White
Kent City Council
FROM: Lori Flemm, Superintendent Park Planning &
Development
RE: Deeds of Conveyance for Four Properties
DATE: July 2, 1999
Staff discovered when the Meridian Area Annexation was completed
in 1996, four properties were not conveyed by King County to the City
of Kent.
King County has passed Ordinance No. 13419 that authorizes the
transfer of this open space property to the City of Kent.
An Interlocal Agreement has been received from King County and
reviewed and approved by the City of Kent Legal Department for the
conveyance of Title/Existing Agreements for the open space
properties as described:
Kentridge Estates Division No. 3, Tract A
Park Meridian, Tract B
Rainier View Estates, Tract A
Sun Meadows Division No. 2
If the Parks Committee approves, the City of Kent shall have full and
complete responsibility for the operation, maintenance, and
improvements to the properties listed above.
Correspondence 1 07/02/99
Annexation Deed Transfer Summary
f
Icing County
Property Services Division
Department of
Construction and Facilities Management
King County Administration Building
500 Fourth Avenue Room 500
Seattle,Washington 98104
(206)296-7470
TDD(206)296-0100
FAX(206)296-0196
,[arch 31, 1999
Lori NI. Flenim, Superintendent
Parks Planning and Development
City of Kent
220 4`h Avenue south
Kent, Wa. 98032-5895
RE: Conveyance of Open Space
Properties to the City Kent
Dear Lori M. Flemm:
:kuached is an Ordinance passed by the King County Council on `[arch 8, 1999, Which
authorizes the transfer of certain open space property to the City of Kent.
In accordance With the Ordinance, also attached is an [nterlocal Agreement relating
to the ownership and management of the open space properties.
Please review the Interlocal Agreement, and if acceptable, obtain the necessary approvals,
e.Xecute the document, and return same to this office for further processing.
Please call me at (206) 296-7494 if you have any questions.
Sincerely,
Carol J. Tho son, Inventory & Sales Officer
TE
Enclosures: Ordinance No. 13419,
Interlocal Agreement
Interlocal Agreement Between
King County and the City of Kent
Relating to the Ownership, Funding, Operation and Maintenance
of Open Space Properties
This Agreement is made and entered into this day by and between the City of Kent,
hereinafter called "City", and King County, hereinafter called "County", as authorized by
the Interlocal Cooperation Act, Revised Code of Washington (RCW) Chapter 39.34.
WHEREAS the City desires to own, operate, and maintain parks, open space, recreation
facilities and programs and other municipal programs, facilities and property inside its
boundaries; and
WHEREAS the County desires to divest itself of ownership, management, and financial
responsibility for non-regional parks, open space, recreational facilities and programs
inside the City boundaries;
NOW, THEREFORE, the City and the County hereby agree as follows:
1. Conveyance of Title/Existing Agreements. Contracts or Permits.
1.1. Within thirty (30) days of the execution of this agreement, King County shall
convey to the City by deeds all of its ownership interest in the following listed open
space properties:
Kentridge Estates Division No. 3, Tract A
Park Meridian, Tract B
Rainier View Estates, Tract A
Sun Meadows Division No. 2
All as more fully described in Attachment A to this document, by this reference
made a part hereof.
1.2 The deeds to said properties shall contain all reservations of record known to the
County, shall incorporate all Forward Thrust Bond covenants if applicable, and
the following specific covenants pertaining to use:
"The City of Kent shall have full and complete responsibility for
the operation, maintenance, and improvements to the properties
listed above and shall retain these properties for open space
purposes in perpetuity."
1.3 The deeds shall include all easements, all reservations of record known to King
County, and any specific covenants pertaining to use and maintenance of the
properties.
1
Open Space Interlocal Agreement: Kent
1.4 King County will provide the City a copy of any and all agreements or permits
related to the use of the subject properties.
1.5 The City hereby agrees to abide by and'enforce all terms, conditions,
reservations, restrictions and covenants of title.
2. Responsibility for Operations, Maintenance, Repairs and Improvements. The City
agrees to accept the properties listed in section 1.1 above in as is condition, and to
assume full and complete responsibility for operations, maintenance, repairs and
improvements to said properties. The responsibility includes, but is not limited to hiring
and control of personnel, standards of personnel, payroll, and ordering of and payment
for supplies and equipment
3. Duration. This Agreement shall be effective upon signature and authorization by both
parties, and shall continue in force unless both parties mutually consent in writing to its
termination.
4. Indemnification and Hold Harmless.
4.1 King County shall indemnify and hold harmless the City and its elected officials,
officers, agents or employees, or any of them, from and against any and all claims,
actions, suits, liability, loss, costs, expenses and damages of any nature
whatsoever, which are caused by or result from a negligent act or omission of King
County, its officers, agents and employees that occurred prior to the effective date
of the transfer of title of this property to the City.
4.2 The City shall indemnify and hold harmless King County and its elected officials,
officers, agents or employees, or any of them, from and against any and all claims,
actions, suits, liability, loss, costs, expenses and damages of any nature
whatsoever, which are caused by or result from a negligent act or omission of the
City, its officers, agents and employees that occur after the effective date of the
transfer of title of this property to the City.
4.3 The City's and the County's indemnification in this section shall survive this
Agreement.
5. Non-Discrimination. The City and the County are Equal Opportunity Employers. The
City and the County shall comply with all applicable non-discrimination laws or
requirements.
Open Space Interlocal Agreement: Kent
6. Audits and Inspections. In addition to the requirements set forth, the records related to
matters covered by this Agreement are subject to inspection, review or audit by the
County or the City at the requesting party's sole expense during the term of this
agreement and three (3) years after termination. Such records shall be made available
for inspection during regular business hours within a reasonable time of the request.
7. Waiver and Amendments. Waiver of any breach of any term or condition of this
Agreement shall not be deemed a waiver of any prior or subsequent-breach. No term or
condition shall be waived, modified or deleted except by an instrument, in writing,
signed in advance by the parties hereto.
8. Default.
8.1 In the event the City violates any of the conditions of this Agreement, including
any of the covenants to title required herein, the County shall be entitled to
specific performance of the Agreement.
8.2 In the event the County, violates any of the conditions of this Agreement, including
any of the covenants to title required herein, the City shall be entitled to specific
performance of the Agreement.
8.3 Unless otherwise provided for herein, in the event either party should commence
legal proceedings to enforce any provisions of this Agreement, each party shall be
responsible for all of its costs and expenses incurred in connection with such
proceedings, including attorney's fees.
8.4 Nothing herein shall limit, waive or extinguish any right or remedy provided by
this agreement, or law that either party may have in the event that the obligations,
terms and conditions set forth in this agreement are breached by the other party.
9. Entire Agreement and Modifications. This Agreement sets forth the entire Agreement
between the parities with respect to the subject matter hereof. It may be supplemented by
addenda or amendments which have been agreed upon by both parties in writing. Copies
of such addenda and amendments shall be attached hereto and by this reference made part
of this contract as though fully set forth herein.
r
Open Space Interlocal Agreement: Kent
IN WITNESS WHEREOF, the parties have executed this Agreement.
King County City of Kent
King County Executive City Manager
Date Date
Approved as to Form Approved as to Form
King County Deputy Prosecuting Attorney ty tto ,
Date D e
Attachments: Legal Descriptions
Open Space Interlocal Agreement: Kent
LEGAL DESCRIPTION
ATTACHMENT A
Tract A, Kentridge Estates Division No. 3, as recorded in Volume
104 of Plats, pages 52-53, records of King County, Washington.
Tract B, Park Meridian, as recorded in Volume 106 of Plats,
pages 90-91, records of King County, Washington.
Tract A, Rainier View Estates, as recorded in Volume 108 of Plats,
pages 23 - 24, records of King County, Washington.
Tract C, Sun Meaadows Division No. 2, as recorded in Volume 130
of Plats, pages 61-62, records of King County, Washington.
Kent City Council Meeting
Date September 7 , 1999
Category Consent Calendar
1 . SUBJECT: INTERGOVERNMENTAL AFFAIRS CONSULTING CONTRACT -
APPROVE
2 . SUMMARY STATEMENT: Approval of the Intergovernmental
Affairs Consulting contract with Doug Levy. Kent ' s size,
population, and service demands will grow significantly in the
coming years, making Kent a player at all levels of government .
It also means actions and issues considered at all levels of
government can have a significant impact on the ability to
deliver service and on the fiscal base from which the City fund
that level of service. To be proactive on these issues and to
offer comprehensive briefings and action options to our elected
officials, staff proposes contracting with Doug Levy for
intergovernmental consulting services . This item was reviewed
and approved by the Council ' s Operations Committee at their
August 3 meeting.
r
3 . EXHIBITS: 7/27/99 Memo to Operations Committee Consultant
contract
4 . RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc . )
S . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $15 , 000 for 1999 , $35 , 000 for 2000
SOURCE OF FUNDS : General Fund, Administration Budget
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6E
City of Kent
MEMORANDUM
DATE: July 27, 1999
TO: Councilmember Judy Woods, Chair and
Members of the City Council Operations Committee
FROM: Dena Laurent
Government Affairs Manager
SUBJECT: Intergovernmental Affairs Consulting Contract
Please find attached a draft contract for intergovernmental consulting services with Doug Levy.
We recommend approval of the contract for the period October 1 —December 31, 2000.
Scope of Work
Doug's scope of work would include monitoring and advocating for Kent, under the Mayor's
direction, on state, federal, and regional intergovernmental issues. The following are examples of
the work Doug would do.
✓ Assist with issue identification and meetings with Kent-area legislators and other key
legislators both prior to and in between the Legislative Sessions, helping to provide the City
with a stepped-up presence with Olympia decision makers
✓ Continue to monitor and identify problems and opportunities for Kent on issues under
consideration by various state legislative bodies including groups meeting on transportation,
fiscal resources, endangered species listings, and other state agency activities. This would be
valuable as many of these groups meet year-round, and in Olympia, where it is difficult for
staff to have an ongoing presence
✓ Monitor and report legislation of concern to Kent during the Legislative Session, working
with the Mayor's Office to provide regular status reports and to advocate for Kent on relevant
issues
✓ Assist with issue identification, opportunities for Kent and advocacy efforts with Kent's
federal representatives
✓ Assist with issue identification, opportunities for Kent and advocacy efforts with Kent's
regional representatives
✓ Assist with pursuit of funding for Kent projects, particularly at the state and federal levels
Why Contract?
Kent's size, and the fact that our population and service demands will grow significantly in the
coming years, makes us a player at all levels of government. It also means actions and issues
considered at all levels can have a significant impact on our ability to deliver service and on the
fiscal base from which we fund that level of service. From internet sales taxation, transportation
funding and ESA listings at the federal level, to health services and criminal justice funding at
the state level to wastewater service, animal control and growth management implementation at ~
the county level, the issues we must track are growing and are more complex. To be proactive on
these issues and to offer comprehensive briefings and action options to our elected officials, we
need help. My role will be to provide you with more complete information, issues and action
options on a broader range of issues at all levels of governmental activity, inserting information
from Doug's work as appropriate. With Doug's help, I plan to increase our coverage on regional
issues, while also working on public relations, sister cities and special projects.
Why Doug?
Doug has served as the Government Affairs Director for the City of Everett for several years. His
credentials and experience are described more fully in attached pages. We have had the good
fortune to work with Doug over the past several years on a number of issues. Doug will be
starting his own business with only a few city clients. This ensures that Doug's clients will likely
not have conflicts with our interests and that we will receive a high level of attention.
What's the Cost?
Doug's contract is based on a$50/hour rate for 16 hours a week during the Legislative Session
and 12 hours a week outside of session. This works out to $35,000 per year, plus approximately
$5,000 in reimburseable per diem for$40,000. Per diem expenses will be shared among all of
Doug's city clients. For the three month period from October 1 through December 31, 1999, the
expense would be $10,000. We believe we can cover the 1999 expense within existing funds and
will put forward next year's expense to Administration as a year 2000 budget proposal. The
expense for the full contract period is $50,000.
Doug will be available at the City Council Operations Committee on August 3 to answer any
questions. If I can provide additional information, please call me at 253-856-5708.
ABOUT DOUG LEVY — BACKGROUND/EXPERIENCE
City of Everett Government Affairs Director and lobbyist, April 1994-current
Report to Mayor, Chief of Staff and Executive Director. Responsible for state and
federal legislative and regulatory matters, funding initiatives, special projects; assist
with shaping and implementing City policy, particulariy in areas affected by
legislative/regulatory matters.
• U.S. Rep. Jolene Unsoeld, Communications Director/Legislative Assistant,
1991-March 1994. Handled all communications, media relations, community
outreach efforts, newsletters, town hall notices; played key role in shaping policy
approach, in strategy, in scheduling trips and meetings to district, etc. Also provided
legislative assistance for telecommunications issues as well as assisting with
transportation, timber, and fisheries issues. Additionally, supervised press interns.
• U.S. Senator Brock Adams, Deputy Press Secretary, June 1989-December
1990. Wrote press releases, handled virtually all radio communication, traveled to
state to assist with media contacts, supervised press interns.
• Government and politics reporter for two Washington State newspapers.
Covered government and politics on local, state, and federal level for two mid-sized
circulation newspapers— The Columbian in Vancouver, WA (January 1987-June
1989) and the Tri-City Herald in Kennewick (July 1984-December 1986).
1984 graduate of University of Oregon, Eugene, OR. BA in journalism with minor in
telecommunications, also some emphasis on political science courses.
• 1979 graduate of Beaverton High School, Beaverton, OR (suburb of Portland,
OR)
• Worked on three Congressional campaigns, including serving as Deputy Press
Secretary for Rep. Unsoeld's 1990 re-election campaign and Press Secretary for her
1992 re-election campaign. Also have assisted on a few local campaigns, such as
City of Everett Fire Department EMS Levy Campaign in 1994.
RECAP OF SOME LEGISLATIVE INITIATIVES AND SUCCESSES j
$70 million for HOV lane extension and acceleration/deceleration lane
construction on Interstate 5 through Everett, $7.9 million for freight mobility
projects- 1999 Legislature
• $1.407 million for tenant improvements and leasing at the "Everett Station"
transportation center for use by universities which will offer courses and programs
there as a central part of a North Snohomish, Island, Skagit (NSIS) College and
University consortium (see below). 1999 Legislature.
Legislation to ensure that sex offenders who are homeless or without
permanent residence still must undergo registration and reporting
requirements within a community. Reversed adverse Court of Appeals decision.
Key role in enactment, 1999 special session of Legislature.
Access to Motor Vehicle Excise Tax (MVET) transit account for Everett Transit,
first time ever. Ultimately will result in several million dollars per year for ET. 1998
Legislature (plus voter approval of Referendum 49, November 1998).
• $1 million for 3rd-lane capacity eastbound over U.S. Highway 2 Bridge. 1998
Legislature.
$750,000 for study of local government infrastructure needs — played active role
in enactment. 1998 Legislature.
Streamlined authority for cities to annex "islands" — key role in passage, 1997 _
Legislature.
Off-site mitigation and wetlands "banking" authority to help address wetlands
impacts — played key role in enactment. 1997 and 1998 Legislatures.
"Design/build" Contracting Authority for a specific Snohomish County water
supply expansion project involving the City of Everett. 1997 Legislature.
• Several stages of funding for higher education initiative now known as North
Snohomish, Island, and Skagit (NSIS) College and University Center consortium.
1996 and 1997 Legislatures. See 1999 Legislature listing for Everett Station funding
piece.
Liability limitations for construction of skateboard parks. 1997 Legislature.
$17 million to extending HOV lanes on 1-5 to and from South Everett— 1996
Legislature
Funding to protect water quality in Sultan River Basin through "Trust Land
Transfer' program. 1996 and 1997 Legislatures.
Funding for East Marine View Drive improvements. 1995 Legislature.
Authority for police to make warrantless arrests for criminal trespass. 1995
Legislature.
Protection of local government revenues, watchdog against unfunded
mandates, ongoing.
HONORS, COMMITMENTS TO COMMUNITY, ETC.
• Selected as an "Outstanding Young American" in 1998. One of 11,000 chosen
nationally from among 66,000 nominations. A community leader must make
nominations. Former inductees include President Clinton and Arthur Ashe.
• Sigma Delta Chi Excellence in Journalism Award, 1984. r-place, series on
skydiving.
• "Rookie of the Year" Award from The Columbian, 1987. Outstanding new staff
reporter.
• Board of Directors, United Way of Snohomish County, 1996-April 1999. Also
have co-chaired local government outreach efforts for annual fund-raising campaign.
• Board of Directors of So. Everett Youth Center, 1995-current. Currently Vice
President.
CONSULTANT SERVICES CONTRACT
BETWEEN THE CITY OF KENT AND
DOUG LEVY, GOVERNMENT AFFAIRS
THIS AGREEMENT is made by and between the CITY OF KENT, a Washington
municipal corporation (hereinafter the "City"), and Doug Levy, doing business at 7210 NE 147`h
Place, Kenmore, Washington 98028 (hereinafter the "Consultant").
RECITALS
WHEREAS the City desires that the Consultant perform services necessary to provide lobbyist
and intergovernmental relations consultation and advice to the City, and
WHEREAS the Consultant agrees to perform these services, which are described in
Exhibit A, attached and incorporated by this reference, commencing on the effective date of this
agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises set forth herein. it is
agreed by and between the parties as follows:
I. Description of Work
Consultant shall perform all lobbying and intergovernmental relations consultation work as
described in Exhibit A. Consultant further represents that the services furnished under this
agreement will be performed within strict compliance of all federal and state laws regulating
Consultant's services and in accordance with generally accepted professional practices in effect
at the time these services are performed.
II. Payment
A. The City shall pay the Consultant, based on time, an amount not to exceed $2,916.66 per
month plus expenses. Expenses eligible for reimbursement include mileage, lodging and
meals. Expenses, to the extent possible, shall be shared among the Consultant's clients,
with mileage reimbursed at $.31 per mile. Expenses submitted for payment shall be
approved by the City prior to payment. Total expenditures under the contract shall not
exceed $50,000 for consulting services and expenses. This is the maximum amount to be
paid under this Agreement for the services described in Exhibit A and shall not be
exceeded without the prior written authorization of the City in the form of a negotiated
and executed supplemental agreement. PROVIDED, HOWEVER, the City reserves the
right to direct the Consultant's compensated services under the time frame set forth in
Section IV herein before reaching the maximum amount.
Consult.doc 1 August 31, 1999
B. The Consultant shall submit monthly payment invoices to the City after such services
have been performed. The City shall pay the full amount of an invoice within thirty (30)
days of receipt. If the City objects to all or any portion of any invoice, it shall so notify
the Consultant of the same within fifteen (15) days from the date of receipt and shall pay
that portion of the invoice not in dispute, and the parties shall immediately make every
effort to settle the disputed portion.
III. Relationship of Parties
The parties intend that an independent contractor-employer relationship will be created
by this Agreement. As Consultant is customarily engaged in an independently established trade
which encompasses the specific service provided to the City, the City may, during the term of
this Agreement, engage other independent contractors to perform the same or similar work.
IV. Duration of Work
The Consultant's work will begin on October 1, 1999. The parties agree that the work
will continue through December 31, 2000.
V. Place of Work
The Consultant shall perform the work authorized under this Agreement at its offices in
Kenmore and Olympia, Washington. Meetings with the City staff as described in Exhibit A,
Scope of Work, shall take place at the City's offices at 220 4 h Avenue South, Kent, Washington,
or at locations mutually agreed upon by the parties.
VI. Termination
A. Either party may terminate this Agreement, with or without cause, upon giving the non-
terminating party at least fourteen (14) calendar days prior written notice of termination.
B. Excusable Delays. The right of Consultant to proceed shall not be terminated nor shall
Consultant be charged with liquidated damages for any delays in the completion of the
work due to causes not reasonably foreseeable by the parties at the time of the execution
of the Agreement that are beyond the control and without the fault or negligence of the
Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather
of unusual severity.
C. Ri hg t`s Upon Termination. In the event of termination, the City shall pay for all services
performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project which may
be used by the City without restriction. Any such use not related to the project which
Consult.doc 2 August 31, 1999
Consultant was contracted to perform shall be without liability or legal exposure to the
Consultant.
VII. Discrimination
In the hiring of employees for the performance of work under this Agreement or any sub-
contract hereunder, the Consultant, its sub-contractors, or any person acting on behalf of such
Consultant or sub-contractor shall not, by reason of race, religion, color, sex, national origin, or
the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates.
VIII. Indemnification
Consultant shall defend, indemnify and hold the City, its officers, officials, employees,
agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.The provisions of this section shall survive the expiration or termination of this
Agreement.
IX. Insurance
The Consultant shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub-consultants or sub-contractors, providing adequate proof of
insurance coverage outlined below to the City, prior to commencing work under this contract.
1. Automobile Liabilitv insurance with limits no less than $100,0005300,000 combined
single limit per accident for bodily injury and property damage.
2. Excess Liabilitv insurance with limits no less than $1,000,000 limit per occurrence and
aggregate.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
Consultant.
Consult.doc 3 Au,ust 31, 1999
The City shall be given thirty (30) days prior written notice by certified mail, return
receipt requested, of any cancellation, suspension or material change in coverage.
X. Exchange of Information
The City warrants the accuracy of any information supplied by it to Consultant for the
purpose of completion of the work under this Agreement. The parties agree that the Consultant
will notify the City of any inaccuracies in the information provided by the City as may be
discovered in the process of performing the work, and that the City is entitled to rely upon any
information supplied by the Consultant which results as a product of this Agreement.
XI. Ownership and Use of Records and Documents
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's offices in Kenmore and Olympia, Washington. Consultant shall make such data,
documents, and files available to the City upon its request at all reasonable times for the purpose
of editing, modifying and updating as necessary until such time as the City is capable of storing
such information in the City's offices. Duplicate copies of this information shall be provided to
the City upon its request, and at reasonable cost.
XII. Recyclable Materials
Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and
consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
XIII. City's Right of Inspection
Even though Consultant is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must
meet the approval of the City and shall be subject to the City's general right of inspection to
secure the satisfactory completion thereof. The Consultant agrees to comply with all federal,
state, and municipal laws, rules, and regulations that are now effective or in the future become
applicable to Consultant's business, equipment, and personnel engaged in operations covered by
this Agreement or accruing out of the performance of such operations.
XIV. Consultant to Maintain Records to Support Independent Contractor Status
On the effective date of this Agreement (or shortly thereafter), Consultant shall:
A. File a schedule of expenses with the Internal Revenue Service for the type of business
Consultant conducts;
Consult.doc 4 August 31, 1999
B. Establish an account with the Washington State Department of Revenue and other
necessary state agencies for the payment of all state taxes normally paid by employers,
register to receive a unified business identifier number from the State of Washington; and
C. Maintain a separate set of books and records that reflect all items of income and expenses
of Consultant's business, all as described in the Revised Code of Washington (RCW)
Section 51.08.195, as required to show that the services performed by Consultant under
this Agreement shall not give rise to an employer-employee relationship between the
parties which is subject to RCW Title 51, Industrial Insurance.
XVI. Non-Waiver of Breach
The failure of the City to insist upon strict performance of any of the covenants and
agreements contained herein, or to exercise any option herein conferred in one or more instances
shall not be construed to be a waiver or relinquishment of said covenants, agreements or options,
and the same shall be and remain in full force and effect.
XVII. Resolution of Disputes and Governing Law
Should any dispute, misunderstanding, or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the City, and the City shall --
determine the term or provision's true intent or meaning. The City shall also decide all questions
which may arise between the parties relative to the actual services provided or to the sufficiency
of the performance hereunder.
If any dispute arises between the City and Consultant under any of the provisions of this
Agreement which cannot be resolved by the City's determination in a reasonable time, or if
Consultant does not agree with the City's decision on the disputed matter, jurisdiction of any
resulting litigation shall be filed in King County Superior Court, King County, Washington.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any claim or lawsuit for damages arising from the parties' performance
of this Agreement, each party shall be responsible to pay all its legal costs and attorney's fees
incurred in defending or bringing such claim or lawsuit; provided, however, nothing in this
paragraph shall be construed to limit the City's right to indemnification under Section VIII of this
agreement.
XVIII. Written Notice
All communications regarding this Agreement shall be sent to the parties at the addresses
listed on the signature page of the agreement, unless notified to the contrary. Any written notice
hereunder shall become effective upon the date of mailing by registered or certified mail, and
Consult.doc 5 Auaust 31, 1999
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
XIX. Assignment
Any assignment of this Agreement by the Consultant without the written consent of the
City shall be void. If the City shall give its consent to any assignment, the terms of this
agreement shall continue in full force and effect and no further assignment shall be made without
the City's consent.
XX. Modification
No waiver, alteration, or modification of any of the provisions of this Agreement shall be
binding unless in writing and signed by a duly authorized representative of the City and
Consultant.
XXI. Entire Agreement
The written provisions and terms of this Agreement, together with any Exhibits attached
hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. The entire agreement between the parties with
respect to the subject matter hereunder is contained in this Agreement and any Exhibits attached
hereto. All of the above documents are hereby made a part of this Agreement and form the
Agreement document as fully as if the same were set forth herein. Should any language in any
of the Exhibits to this Agreement conflict with any language contained in this Agreement, the
terms of this Agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
DOUG LEVY THE CITY OF KENT
By
Its
DATE: DATE:
Consult.doc 6 August 31, 1999
Notices to be sent to: Notices to be sent to:
Doug Levy Dena Laurent
Government Affairs Manager
The City of Kent
220 Fourth Avenue South
Kent, Washington 98032
(253) 856-5707/fax (253) 856-6700
APPROVED AS TO FORM: ATTEST:
Kent City Attorney City Clerk
Consult.doc 7 August 31. 1999
Exhibit A
SCOPE OF WORK
Scope of Work
The following outlines the scope of work under this contract. Specific workplans shall be
developed mutually and reviewed on a quarterly basis.
✓ Assist with issue identification and meetings with Kent legislators prior to the Legislative
Session
✓ Continue to monitor and identify problems and opportunities for Kent on issues under
consideration by various state legislative bodies including groups meeting on transportation,
fiscal resources, endangered species listings, and other state agency activities
✓ Monitor and report legislation of concern to Kent during the Legislative Session, working
with the Mayor's Office to provide regular status reports and to advocate for Kent on
relevant issues
✓ Assist with issue identification, opportunities for Kent and advocacy efforts with Kent's
federal representatives
✓ Assist with issue identification, opportunities for Kent and advocacy efforts with Kent's
regional representatives
✓ Assist with pursuit of funding for Kent projects, particularly at the state and federal levels
Reporting and Communication
The Consultant shall communicate weekly with designated staff regarding work under the
contract. Monthly summaries of work completed shall be appended to invoices for payment.
S:\PUBLIC',,ADMIN\LAURENT1Doug'sContractdr 1.REV'D.0g3199.doc
Consult.doc S August 31. 1999
Kent City Council Meeting
Date September 7 , 1999
Category Consent Calendar
1 . SUBJECT: CITY OF TUKWILA, LIGHT RAIL RESOLUTION - PASS
2 . SUMMARY STATEMENT: As recommended by the Public Works/
Planning Committee, adoption of Resolution No. supporting
the alignment of light rail consistent with State and Regional
Growth Management Policies .
3 . EXHIBITS: Resolution
4 . RECOMMENDED BY: Public Works/Planning Committee
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6F
RESOLUTION NO.
A RESOLUTION of the City Council of the
City of Kent, Washington, supporting the alignment of
light rail consistent with state and regional growth
management policies.
WHEREAS, the Executive Board of Sound Transit has determined the
locally preferred alternative for the routing of light rail in Phase 1 of the project shall
not connect Urban Centers and specifically the Tukwila Urban Center; and
WHEREAS, the Growth Management Act of the State of Washington
requires that transportation systems be based on regional priorities and coordinated
with county and city comprehensive plans; and
WHEREAS, Vision 2020, the regional growth management and
transportation plan provides that major investments in high capacity transit support the
development and connection of urban centers; and
WHEREAS, the Countywide Planning Policies for King County
require that regional mobility options include a high capacity transit system which
links urban centers; and
WHEREAS, the connection of the Tukwila Urban Center with Light
Rail Service will provide enhanced transportation opportunities for the economically
vibrant and diverse employment populations of the Green River and Kent Valleys; and
1 Light Rail
WHEREAS, the Locally Preferred Alternative decision by Sound
Transit ignores these opportunities and fails to serve the primary population densities
of South King County and to position itself for service to the Eastside and South Lake
Washington communities; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Kent finds that the selection of the Locally
Preferred Alternative route that does not include the Tukwila Urban Center to be
inconsistent and in conflict with regional growth management strategies, Vision 2020,
Countywide Planning Policies for King County, and the local Comprehensive Land
Use Plan for the City of Tukwila.
SECTION 2. The City of Kent and its officials hereby submit a formal
objection to the Sound Transit Executive Board, the Federal Transportation
Administration and the Environmental Protection Agency regarding the February 25,
1999, decision to omit the Tukwila Urban Center from detailed engineering and
economic analyses as a Phase 1 routing alternative.
SECTION 3. The City of Kent urges Sound Transit to reconsider its
decision and determine a solution that will connect urban centers in the first phase of
the LINK Light Rail project in order to maximize ridership as well as meet the stated
objectives of state and local growth management policies.
2 Light Rail
SECTION 4. The City of Kent resolves that it cannot support the
proposed project and schedule for LINK Light Rail unless the February 25, 1999,
decision is reconsidered and unless Sound Transit agrees to carry forward the E-3
alignment as part of the FEIS, and it shall communicate this objection to all
appropriate local, state, and federal agencies.
PASSED at a regular open public meeting by 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, the day
of , 1999.
BRENDA JACOBER, CITY CLERK
P\CivihR—Iution\LightRaiI.doc
3 Light Rail
Kent City Council Meeting
Date September 7, 1999
Category Consent Calendar
1 . SUBJECT: EMERGENCY COMPREHENSIVE PLAN AMENDMENT - RESOLUTION
2 . SUMMARY STATEMENT: Adoption of Resolution No.
referring incorporation of Kent and Federal Way School
Districts Capital Facilities Plans into the City' s
Comprehensive Plan to the Land Use & Planning Board for a
public hearing.
The City must amend its Comprehensive Plan annually to
incorporate the Kent and Federal Way School Districts ' Capital
Facilities Plans as part of the school impact fee program. The
City has received these plans from the Districts for the 1999
calendar year and now needs to incorporate them into the City' s
Comprehensive Plan. This resolution refers this matter to the
Land Use and Planning Board for a public hearing. Because
these plans affect the imposition of school impact fees, the
resolution also declares an emergency so that the comprehensive
plan amendment can occur as soon as possible, rather than
through the annual comprehensive plan amendment process .
3 . EXHIBITS : Resolution and Capital Facilities Plans
4 . RECOMMENDED BY: Public Works/Planning Committee
(Committee, Staff, Examiner, Commission, etc . )
S . 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
RESOLUTION NO.
A RESOLUTION of the City Council of Kent,
Washington, declaring an emergency to pursue an amendment
to the Capital Facilities Element of the Kent Comprehensive
Plan, incorporating the Capital Facilities Plans of the Kent
and Federal Way School Districts for 1999.
WHEREAS, the City of Kent adopted a school impact fee program as
authorized by the Growth Management Act and RCW 82.02.050; and
WHEREAS, the Growth Management Act and Chapter 12.02 of the Kent
City Code authorize the City to amend its Comprehensive Plan only once per calendar year,
except in the case of an emergency, which is defined as an issue of community wide
significance that promotes the public health, safety, and general welfare; and
WHEREAS, Chapter 12.13.070 of the Kent City Code requires that the
Capital Facilities Plans of the Kent and Federal Way School Districts be submitted to the
City of Kent on an annual basis for City Council review, and that such review shall occur in
conjunction with any update of the Capital Facilities Plan element of the City's
Comprehensive Plan; and
WHEREAS, on February 2, 1999, the Kent City Council adopted its
comprehensive plan amendments for 1999 prior to its review of the Capital Facilities Plans
of the Kent and Federal Way School Districts; and
1
WHEREAS, adoption of the Kent and Federal Way School Districts Capital
Facilities Plans is a condition precedent to continued collection of impact fees on behalf of
the districts by the City of Kent; and
WHEREAS, the City must now amend the Capital Facilities element of the
City's Comprehensive Plan in order to adopt the Capital Facilities Plans of the Kent and
Federal Way School Districts; and
WHEREAS, the City Council, Public Works and Planning Committee
considered this issue at its regularly scheduled meeting on August 16, 1998, and voted to
submit this matter to the Land Use and Planning Board for consideration of an emergency
Comprehensive Plan Amendment for the adoption of the Capital Facilities Plans of the Kent
and Federal Way School Districts as an element of the Capital Facilities Plan element of the
Kent Comprehensive Plan;NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That adoption of the Capital Facilities Plans of the Kent and
Federal Way School Districts as an element of the Capital Facilities Plan of the City of Kent
Comprehensive Plan constitutes an issue of community-wide significance that promotes the
public health, safety, and general welfare in accordance with the definition of an emergency
as set forth in Chapter 12.02 of the Kent City Code.
SECTION 2. The City Council therefore declares that an emergency exists
and authorizes the Land Use and Planning Board to consider a Comprehensive Plan
Amendment for the adoption of the Capital Facilities Plan of the Kent and Federal Way
School Districts as an element of the Capital Facilities Plan element of the Kent
Comprehensive Plan.
2
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, the day of
, 1999.
(SEAL)
BRENDA JACOBER, CITY CLERK
P.\CiviMesolution\lmpactFee.Emerg.CornpPlanAn=d.doc
3
FEDERAL WAY PUBLIC SCHOOLS
1998 -99
CAPITAL FACILITIES PLAN
S
"7
` I
FEDERAL
00mm
WAY
• . .
Every Student...World Class Skills
FEDERAL WAY PUBLIC SCHOOLS
1998/99
CAPITAL FACILITIES PLAN
BOARD OF EDUCATION
Linda Hendrickson
Holly Isaman
Joel Marks
Ann Murphy
Jim Storvick
SUPERINTENDENT
Thomas J. Vander Ark
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN
TABLE OF CONTENTS
TABLE OF CONTENTS........................................
INTRODUCTION.................................................. iii-v
SECTION I THE CAPITAL FACILITIES PLAN
Introduction............................................................. I-1
Inventory of Educational Facilities............................. I-2
Inventory of Non-Instructional Facilities.................... I-3
Needs Forecast-Existing Facilities.......................... I-4
Needs Forecast- New Facilities.............................. I-5
Six Year Finance Plan.............................................. I-6
SECTION II MAPS OF DISTRICT BOUNDARIES
Introduction............................................................. II-1
Map -Elementary Boundaries.................... II-2
Map - Junior High Boundaries.................... II-3
Map - Senior High Boundaries................... 11-4
SECTION III SUPPORT DOCUMENTATION
Introduction............................................................. III-1
Building Capacities................................................... III-2
Portable Locations................................................... III-4
Student Forecast...................................................... III-6.
Capacity Summaries................................................. III-8
King County Impact Fee Calculations....................... III-13
SECTION IV SUMMARY OF CHANGES FROM THE 1997/98 PLAN IV-1
ii
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN
INTRODUCTION
In response to the requirements of the State of Washington Growth Management Act
(SHB 2929 (1990) and ESHB 1025 (1991), and under the School Impact Fee Ordinances
of King County Code 21A, City of Federal Way Ordinance No. 95-249 effective
December 21, 1995 as amended, and the City of Kent Ordinance No. 3260 effective
March 1996, Federal Way Public Schools has updated its 1997/98 Capital Facilities Plan
as of April 1999
This Plan has been adopted by King County, the City of Kent and the City of Federal
Way and is incorporated in the Comprehensive Plans of each jurisdiction by reference.
This plan is also included in the Facilities Plan element of the Comprehensive Plans of
each jurisdiction. To date, the City of Auburn and City of Des Moines have not adopted a
school impact fee ordinance.
The Growth Management Act requires the County to designate Urban Growth areas
within which urban growth can be encouraged. The Growth Management Planning
Council adopted and recommended to the King County Council four Urban Growth Area
Line Maps with designations for urban centers. A designation was made within the
Federal Way planning area, which encompasses Federal Way Public Schools boundaries.
King County will encourage and actively support the development of Urban Centers to
meet the region's need for housing, jobs, services, culture and recreation. This Plan's
estimated population growth is prepared with this underlying assumption.
This Capital Facilities Plan will be used as documentation for any jurisdiction, which
requires its use to meet the needs of the Growth Management Act. This plan is not
intended to be the sole planning tool for all of the District needs. The District may
prepare interim plans consistent with Board policies. Additional plans will be consistent
with the six year Capital Facilities Plan. At this time, Federal Way Public Schools is
evaluating the need for and possible timing of future bonds.
iii
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN
INTRODUCTION (continued)
In October of 1997 the District convened a Study and Survey Committee. The Committee
was made up of patrons, parents, professional consultants, school staff and central
administration staff. The charge of the Committee was divided into four focus areas on a
continuum, which lead to recommendations to the Board of Education. The four focus
committees were:
i. Educational Plan Committee
2. - Special Education Committee
3. Classroom Standards and Facility Use Committee
4. Future Alternative Committee
Two recommendations were sent forward to the Board of Education from this committee.
The first recommendation was to move to a Pre K-5 elementary, 6-8 middle school, and 9-12
high school grade configuration beginning in the fall of 2002 or as additional high school
space allows. The Board of Education approved this recommendation at the October 12,
1998 regular Board Meeting. This grade configuration is believed to be more responsive to
student needs. It will allow for smaller elementary enrollments with room for lowe•-primary
class sizes. The middle school allows two-year preparation for the WA State 7`h grade test,
r matches the Federal Way Public Schools 8d'grade gateway test, and matches most western
Washington districts. Middle schools are also thought to be a better way to address the
needs of adolescents in a period of transition from elementary o high school. The four-year
high school plan combines the 9-12 graduation credit system, allows two-year preparation
from the 10`h grade test, and physically places the high school students together.
The second recommendation brought forward from the committee to the Board of Education
was a bond proposal. Federal Way Public Schools must meet the needs of a growing student
and community population. The District must be flexible with buildings, programs and
staffing to meet the needs of the 21" Century, while being financially responsible and
sensitive to the current tax rates. A flexible, cost effective and educationally beneficial
approach that integrates academics and high tech/high skill preparation is needed. By
extending the existing debt and creatively using new and existing facilities, the District can
meet these complex needs with no increase in local tax rates.
The bond proposal of$83 million was arrived at after receiving input from parents, staff and
the community. Member of the Citizens for Federal Way Schools and senior staff members
met with school staff and PTSA groups. This process concluded with two daylong meetings
among a group of faculty members. Based upon information the District received, it became
apparent that people wanted a comprehensive high school ($44 million); a middle school
($17 mullion); expansion and improvement of existing schools ($9 million); replace Truman
High School ($6 million) and other general improvements ($7 million). Additional planned
improvements included in the bond proposal are: parking and pedestrian safety, playgrounds
iv
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN
and sports fields, new classroom start-up and music equipment, information systems and
networks and emergency communications.
The Board of Education unanimously approved this bond recommendation at the February 8,
1999 regular Board Meeting. This proposal will be submitted for voter approval on May 18,
1999.
Federal Way Public Schools opened the Internet Academy in the 1996/97 school year. This
program currently serves approximately 615 students, 375 are full time students. Internet
Academy has grown from about 60 students to the current 615 in less than two years. The
forecast for growth in this program is to serve approximately 1400 full time students by the
year 2004.
Internet Academy is currently operating out of leased space consisting of administrative areas
and a computer lab area. Additionally, some lab sections are scheduled in the current high
school facilities during non-school hours. There is an anticipated need of approximately
2000 square feet of additional space over the next two years. This capacity is not included in
the analysis of instructional spaces. The facility needs are unique to a program of"distance
learners".
The Marketing Academy is also operating: cut of lea:-ed,space. This program serves
approximately 60 students. Capacity needs for Mar:::eting Academy have not been addressed
in the analysis of instructional space.
Federal Way Public Academy will open in the 1999/00 school year in six portables on the
Illahee Junior High site. This school will serve 120 seventh and eight grade students.
v
SECTION I
THE CAPITAL FACILITES PLAN
it{1 r s
fill
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1Vp{`,i,'i.• n 4 �fF �•f i�l:�41��r•wMj;f1A��.
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN
SECTION I - THE CAPITAL FACILITIES PLAN
The State Growth Management Act requires that several pieces of information be gathered to
determine the facilities available and needed to meet the needs of a growing community.
1. This section provides information about current facilities, existing facility needs, and
expected future facility requirements for Federal Way Public Schools. This is followed by
a Financial Plan which shows expected funding for any new construction, portables and
update modernization needs listed.
I
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN
INVENTORY OF EDUCATIONAL FACILITIES
ELEMENTARY SCHOOLS
Adelaide 1635 SW 304th Street Federal Way 98023
Brigadoon 3601 SW 336th Street Federal Way 98023
Camelot 4041 S 298th Street Auburn 98001
Enterprise 35101 5th Avenue SW Federal Way 98023
Green Gables 32607 47th Avenue SW Federal Way 98023
Lake Dolloff 4200 S 308th Street Auburn 98001
Lake Grove 303 SW 308th Street Federal Way* 98023
Lakeland 35675 32nd Avenue S Auburn 98001
Mark Twain 2450 S Star Lake Road Federal Way 98003
Meredith Hill 5830 S 300th Street Auburn 98001
Mirror Lake 625 S 314th Street Federal Way 98003
Nautilus 1000 S 289th Street Federal Way 98003
Olympic View 2626 SW 327th Street Federal Way 98023
Panther Lake 34424 1 st Avenue S Federal Way 98003
Rainier View 3015 S368th Street Federal Way 98003
Sherwood Forest 34600 12th Avenue SW Federal Way 98023
Silver Lake 1310 SW 325th Place Federal Way 98023
Star Lake 4014 S 270th Street Kent 98032
Sunnycrest 24629 42nd Avenue S Kent 98032
Twin Lakes 4400 SW 320th Street Federal Way 98023
Valhalla 27847 42nd Avenue S Auburn 98001
Wildwood 2405 S 300th Street Federal Way 98003
Woodmont 26454 16th Avenue S. Des Moines 98198
.JUNIOR HIGH SCHOOLS
Federal Way Public Academy(99/oo) 36001 1" Ave S Federal Way 98003
Illahee 36001 1 st Avenue S Federal Way 98003
Kilo 4400 S 308th Street Auburn 98001
Lakota 1415 SW 314th Street Federal Way 98023
Sacajawea 1101 S Dash Point Road Federal Way 98003
Saghalie 33914 19th Avenue SW Federal Way 98023
Totem 26630 40th Avenue S Kent 98032
SENIOR HIGH SCHOOLS
Decatur 2800 SW 320th Street Federal Way 98023
Federal Way 30611 16th Avenue S Federal Way 98003
Thomas Jefferson 4248 S 288th Street Auburn 98001
ALTERNATIVE SCHOOLS
Merit School 31455 28th Ave S Federal Way 98003
Harry S Truman High School 31455 28th Ave S Federal Way 98003
LEASED SPACE
Internet Academy 32020 1" Ave S Federal Way 98003
Marketing Academy 1928 S Sea Tac Mall Federal Way 98003
I-2
FEDERAL WAY PUBLIC SCHOOLS 1998199 CAPITAL FACILITIES PLAN
CURRENT INVENTORY NON-INSTRUCTIONAL FACILITIES
Developed Property
Administrative Building 31405 18th Avenue S Federal Way 98003
MOT Site 1066-S 320th Street Federal Way 98003
Central Kitchen 1344 S 308th Street Federal Way 98003
Federal Way Memorial Field 1300 S 308th Street Federal Way 98003
Leased Space
Community Resource Center 1928 S Sea Tac Mall Federal Way 98003
Security Offices 30819 14'' Ave S Federal Way 98003
Undeveloped Property
Site# Location
9' 27`' Avenue SW &Dash Point Road
23 SW 360th Street & 3rd Avenue SW
35 S 351st Street& 52nd Avenue S
40 E of loth Avenue SW Between SW 334th & SW 335th Streets
63 E of 47th Avenue SW & SW 314th Place
71 S 344th Street&46th Avenue S
72 36600 block of Pacific Highway S
84 3737 S 360th Street
96 S 308th Street& 14th Avenue S
Notes:
Not all undeveloped properties are large enough to meet school construction requirements.
Properties may be traded or sold depending on what locations are needed to house students in the
District.
There is a pending sale on this property.
I-3
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN
NEEDS FORECAST - EXISTING FACILITIES
EXISTING FACILITY FUTURE NEEDS ANTICIPATED SOURCE OF
FUNDS
Truman High School Modernization with expansion (1)
Purchase and Relocate Interim Capacity (1)
Portables
Decatur High School, Federal Expansion (1)
Way High School and
Thomas Jefferson High
School
Various School Sites Parking Safety; Network (2)
Upgrades; Automated
Libraries;
Elementary Playgrounds; High
School Sports Fields;
Emergency Communications.
Notes:
(1) Anticipated source of funds is state matching funds, Impact Fees, future bond issues or
non-voted debt issues.
(2) Anticipated source of funds is future bond issues.
I-4
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN
NEEDS FORECAST - NEW FACILITIES
NEW FACILITY LOCATION ANTICIPATED SOURCE OF FUNDS
MOT Site (1) Unknown N/A
Senior High School Site Unknown (2)
New Senior High School Unknown (2)
New Middle School Site 84 (2)
S 360`h St at
38'' Ave S S
Notes:
(1) Construction of Maintenance, Operations and Transportation (MOT) site is dependent on
salt: of current MOT site.
(2) Anticipated source of funds is state matching funds, Impact Fees, future bond issuza or
non-voted debt issues.
I-5
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN
Six Year Finance Plan -
Secured Funding
Sources 19" 2000 2001 2002 2003 2004 Total Revenue
Impact Foes 1 S1,000,000 S60,764 S1,060,764
Land Sale Funds 2 S1,000,000 SZ500,000 S1,050,152 S4,550,152
State Match Funds 3 S83ZI661 S44,3021 S876,468
TOTAL SI,932,1"1 S3,544,302 S1,110,9161 S0 Sol SOL S6,487,383
Unsecured Funding Sources
State Match Funds 6 S7,000.000
Bond or Levy Funds 4 S83,000,000
Land Fund Sales S800,000
Im act Fees 5 S1,500,000
TOTAL S92,300,000
NEW SCHOOLS 19" 2000 2001 2002 2003 2004 Total Cost
New Middle School S2,000,000 512,000,000 S3,000,000 S17,000,000
New Senior High School S5,000,000 S20,000,000 S15,000,000 S500,000 S40,500,000
New Senior High School Site $1,000.000 SZ500,000 S3,500,000
MODERNIZATION AND EXPANSION
Truman Senior Hi (Alternative) S3,500,000 S2,500,000 S6,000,000
Expansion Three High Schools S2,500,000 S2.500.00Cil S2.500,000 S7,500,000
Expansion Elementary Schools S750,000 5750.000 S1,500,00,
TEMPORARY FACILITIES
Portables(9) S276,805 S276,805
OTHER
Safety Improvements 9a) S500,000 S1,000,000 S1,000,000 S500,000 S3.000,000
School Improvements 9b S500,000 S2,000,000 SI,600,000 $200,000 S200.000 S4,500,000
Facilities Department S250,000 S250,000 S250,000 S250.000 S250,000 S250,000 S1,500,000
Library Systmn Improvements S650,000 S650,000 S1,300,000
MISS stem Project S600,000 S100,000 S700,000
TOTAL S1,500,000 S6,250.000 S19,500,000 S39,850,000 S1819501000 S1,226,805 S87,276,805
NOTES:
1. These fees are currently being held in a King County,City of Federal Way and City of Kent impact fee account,and will be
available for use by the District for system improvements.
2. These funds come from various sales of land and are set aside for estimated expenditures.
3. Guaranteed state notch reimbursements.
4. These funds,if secured,will be used for future projects.
5. These are projected fees based upon known residential developments in the District over the next six years.
6. These funds are projected state matching funds.
7. These funds are projected land sale income.
8. These fees represent the cost of moving and siting existing portables. The District may choose to purchase new
portables in the years shown. Thu estimate may also include the cost of purchasing these portables.
9a.These projects have been approved by the Board of Directors and cover most schools. new projects do not increase capacity.
These projects inicude parking and pedestrian safety improvements at 15 elementary schools
9b.These projects have been approved by the Board of Directors and cover most schools. These projects do not increase capacity.
These projects include:school networks,information and library sustems;new classroom start up;elementary playgrounds and high school sports fields;
music equipment;emergency communication.
I-6
SECTION II
MAPS OF DISTRICT BOUNDARIES
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN
SECTION H- MAPS OF DISTRICT BOUNDARIES
Federal Way Public Schools (the District) has twenty-three elementary schools (grades K-6), six
junior high schools (grades 7-9), three senior high schools (grades 10-12) and two alternative
schools (grades 7-12) for the 1998/99 school year. On April 20, 1996 the Federal Way Public
Schools Board of Education adopted the boundaries for these schools. The following maps show
the service area boundaries for each school for each grade level (the alternative schools, Harry S.
Truman High School and Merit School, serve students from throughout the District). The
identified boundaries are reviewed annually. Any change in grade configuration or adoption of
programs which affect school populations may necessitate a change in school service areas.
The Growth Management Act requires that a jurisdiction evaluate if the public facility
infrastructure is in place to handle new housing developments. In the case of most public
facilities, new development has its major impact on the facilities immediately adjacent to that
development. School Districts are different. If the District does not have permanent facilities
available, interim measures must be taken until new facilities can be built or until boundaries can
be adjusted to match the population changes to the surrounding facilities.
Adjusting boundaries requires careful consideration by the District and is not taken lightly. It is
recognized that there is a potential impact on students who are required to change schools.
Boundary adjustments impact the whole district, not just one school.
It is important to realize that a single housing development does not require the construction of a
complete school facility. School districts are required to project growth throughout the district
and build or adjust boundaries based on growth throughout the district, not just around a single
development.
r
Q-I
FEDERAL WAY SCHOOL DISTRICT No. 210 '� 1
ELEMENTARY SCHOOLS JUNIOR HIGH SCHOOLS
Code Code
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:DERAL WAY SCHOOL DISTRICT No. 2 10 IVA ®8 i
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61 15 Olympic View C-7 � ,
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FEDERAL WAY SCHOOL DISTRICT No. 210
ELEMENTARY SCHOOLS JUNIOR HIGH SCHOOLS
au
Code Code min
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@� ItA29 Meredith Hill H4 SENIOR HIGH SCHOOLS
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(21 Panther Lake E4 so Decatur C4
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PUBLIC SCHOOLS + '
SECTION III
SUPPORT DOCUMENTATION
s`•�itn�:s'xtsxs:
' yn%a:arialynaiy,
r :iiiisvi �,
- :
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLATY
SECTION III - SUPPORT DOCUMENTATION
Building Capacities -The Education Program
Portable Locations
Student Forecast - 1999 through 2004
Capacity Summaries
King County Impact Fees - Single and Multi Family Units
III.1
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN -
Building Capacities
This Capital Facilities Plan establishes the District's "standard of service" in order to
ascertain the District's current and future capacity. The Superintendent of Public Instruction
establishes square footage guidelines for capacity, but these guidelines do not take into
consideration the education program needs. The District has identified a Building Program
Capacity for each of the schools in the District. This Full Time Equivalent (FI-E) capacity is
based on:
• The number of classrooms available in each school
• Any special requirements at each school
• The contracted class load by grade level
In general, the District's current standard provides that the average class size for a standard
classroom for grade K is 24 students , for grade 1-6 is 26 students and grades 7-12 is 25
students. Gate (Gifted and Talented Education) classrooms are 25 students, individual
education programs classrooms are 15 students, and special education classrooms are 12
students. This size is determined based upon current ratios and Eren6s as well as the
classroom physical size. Educational Program Capacities change every year. This analysis is
for the 1998/99 school year. The capacity of an individual school could and does change at
any time depending on program changes which may require additional space.
II1-2
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN -
BUILDING PROGRAM CAPACITIES
ELEMENTARY BUILDING JUNIOR HIGH BUILDING
PROGRAM CAPACITY PROGRAM CAPACITY
Adelaide 488 Illahee 821
Bri adoon 528 Kilo 854
Camelot 374 Lakota 741
Enterprise 512 Saca'awea 828
Green Gables 494 Sa halie 768
Lake Dolloff 482 Totem 709
Lake Grove 476
Lakeland 1998 TOTAL 4,721
Mark Twain 503
Meredith Hill 498 Ijunior High Average 787
Mirror Lake 398
Nautilus 542 SENIOR HIGH BUILDING
Olympic View 450 PROGRAM CAPACITY
Panther Lake 514
Rainier View 468 Decatur 1,121
Sherwood Forest 550 Federal_Way 1,308
Silver Lake 528 Thomas Jefferson 1,266
Star Lake 502
Sunnycrest 462 1998 TOTAL 3,695
Twin Lakes 502
Valhalla 494 ISenior High Average 1,232
Wildwood 428
Woodmont 450 ALTERNATIVE SCHOOL BUILDING
PROGRAM CAPACITY -
1998 TOTAL 11,131
ent School
Elementary Average 484 Truman High School 194
1998 TOTAL 210
Notes:
Elementary program capacities are based on the number of teaching stations
in the building,contracted class size,and special use classrooms in place
during the 98/99 school year. All available instructional space is calculated.
Secondary program capacities are based on peak loading.
The calculation is based on 25 students per available
teaching stations.
Capacities were calculated by the Study and Survey Committee.
1
III-3
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN
Portable Locations
The Washington State Constitution requires the State to provide each student a basic
education. It is not efficient use of District resources to build a school with a capacity for
500 students due to lack of space for 25 students when enrollment fluctuates throughout the
year and from year to year.
Portables are used as temporary facilities or interim measures to house students until
permanent facilities can be built or boundary adjustments can be made. When permanent
facilities become available, the portable(s) is either moved to another school for an interim
classroom, or used for other purposes such as storage or child care programs. Some portables
may not be fit to move due to age or physical condition. In these cases, the District may
choose to buy new portables and surplus these unfit portables. It is the practice and
philosophy of Federal Way Public Schools that portables are not acceptable as permanent
facilities.
The following page provides a list of the location of the portable facilities, used for t r.-,_r.c-rary
educational facilities by Federal Way Public Schools.
III-4
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN
PORTABLE LOCATIONS
PORTABLES LOCATED PORTABLES LOCATED
AT ELEMENTARY SCHOOLS AT SENIOR HIGHS
NON NOV
NSTRUCTIONAL NSTRUCTIO`" C MUCMNAL C45rRUCTIONAL
Adelaide 3 Decatur 4
Bri adoon 1 Federal Way 1
Camelot 1 Thomas Jefferson
Enterprise 2 Truman/Merit 8 1
Green Gables 1
Lake Dolloff 3 T TAL 13 1
Lake Grove 2
Lakeland 1
Mark Twain 3
Meredith Hill 1 PORTABLES LOCATED
Mirror Lake 2 AT SUPPORT FACILITIES
Nautilus 1
Olympic View 2 Science&Testing K 1
Panther Lake 3 5-Mile Lake 1
Rainier View 2 RIOT 1
Sherwood Forest 3 Clothin Bank 1
Silver Lake 4
Star Lake 4 ITOTAL 4
Sunn crest 1
Twin Lakes 2 1
Valhalla HEAD START PORTABLES AT DISTRICT SITES
W ildwood 4
Woodmont 2
Mirror Lake 1
TOTAL 48 1 Sherwood Forest 1
Total 2
PORTABLES LOCATED
AT JUNIOR HIGHS
.On
CISTRUCTIONAL MrRUCTIOAAI.
Illahee 3
Kilo 3 1
Lakota 3
Saca'awea 2
Sa halie 4
Totem 5
TOTAL 20 1
III-5
FEDERAL WAY PUBLIC SCHOOLS 1998199 CAPITAL FACILITIES PLAN
Student Forecast
Student enrollment projections are a basic component of budget development. Enrollment
projections influence many of the financial estimates that go into budget preparation. The majority
of staffing requirements are derived directly from the forecasted number of students. Allocations for
instructional supplies and materials are also made on the basis of projected enrollment. Other
expenditures and certain revenue projections are directly related to enrollment projections.
Enrollment projections are completed annually in the Business Services Department. Projections
must be detailed at various levels,district total, school-building totals, grade level and program Ievel
to include vocational and special education students.
The basis of projections has been cohort survival analysis. Cohort survival is the analysis of a group
that has a common statistical value(grade level) as it progresses through time. In a stable population
the cohort would be 1.00 for all grades. This analysis uses historical information to develop averages
and project the averages forward. This method does not trace individual students; it is concerned
with aggregate numbers in each grade level. The district has used this method with varying years of
history and weighted factors tcz study several projections. Because transfers in and out of the school
system are common, student migration is factored into the analysis as it increases or decreases
survival rates. Entry grades (kindergarten)are a unique problem in cohort analysis. The district
collects information on birth rates within the district's census tracts, and treats these statistics as a
cohort for kindergarten enrollment in the appropriate years.
Federal Way Public Schools is using three distinct methods for projecting student enrollments. The
resultant forecasted enrollments are evaluated
• The first method is a statistical cohort analysis that produces ten distinct forecasts. These are
forecast of enrollment for one year. The projections vary depending on the number of years of
historical information and how they are weighted.
• The second method uses enrollment-forecasting software tied to a geographic information
system MicroSANII software establishes survival, migrant and repeater rates for each grade
level in a pre-defined geographic area. These rates are matched to the number of housing units
per area. The rates are then used to project the following year's enrollment based on the number
of planned new housing units. The software will project for five years.
• The third method is a projection using an enrollment projection software package that allows the
user to project independently at school or grade level and to aggregate these projections for the
district level. The Enrollment Mastefl software provides statistical methods including trend
line, standard grade progression (cohort)and combinations of these methods.This software
produces a five-year projection of school enrollment.
III-6
FEDERAL WAY PUBLIC SCHOOLS 1998199 CAPITAL FACILITIES PLAN '
Short-term budget projections may be more conservative than the standard grade progression model.
For the 1998/99 school year, the district chose the Enrollment MasterT"projection using a two-
parameter method. This is the method suggested when a district is increasing or decreasing at a rate
that is different than the standard grade progression model. Standard grade progression is a
reasonably accurate method for the near term future when the near future looks much like the near
past. Using six years of enrollment history in-the Federal Way District encompasses high growth
years and zero growth years which fall outside the range of the standard progression model. This
phenomenon is partially explained by the incorporation of the City of Federal Way and its affect on
new housing starts in recent history.
Long range projections that establish the need for facilities are a modification of the cohort survival
method. The cohort method of analysis becomes less reliable the farther out the projections are
made. Federal Way Public Schools' long-range projections are studied annually. The study includes
information from the jurisdictional demographers as they project future housing and population in
the region. The long-range projections used by Federal Way Public Schools reflect a similar age
trend in student populations as the projections published by the Office of Financial management for
the State of Washington.
Growth Management requires jurisdictions to plan for a minimum of twenty years.Federal Way _
Public Schools is a partner in this planning with the various jurisdictions comprising the school
district geography. These projections create a vision of the school district in the future.
III-7
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACELITIES PLAN
Full Time Equivalent Enrollment History and Projections
Simplified FtE(K Headcount=.5 FTE;Junior High FTE=.989 Headcount;Senior High FTE_.932 Headcount)
Total K-12 Percent
School Year Elementary JuniorHi h Senior High FTE Change
1992-93 10,342 4,352 3,681 18,375
1993-94 10,545 4,432 3,750 18,727 1.9%
1994-95 10,505 4,626 3,759 18,889 0.9%
1995-96 10,689 4,839 3,796 19,323 2.2%
1996-97 10,863 4,930 3,913 19,706 1.9%
1997-98 11,123 5,073 4,082 20,278 2.8%
1999-99 11,480 5,099 4,060 20,639 1.7%
P1999-00 11,656 5,1S3 4,321 21,130 2.3%
P2000-01 11,799 5,247 4,398 21,444 L5%
P2001-02 11,796 S,498 4,480 21,774 LS%
P2002-03 11,795 S,73S 4,416 21,946 0.8%
New Configuration Elementary K-S Middle School 64 High School 9-12
P2003-04 9,976 5,703 6,539 22,219 L2%
P2004-OS 10,102 5,610 6,780 22,492 L2%
Enrollment History and Six Year Forecast
23,000 3.0%
I' IIJh+'lilt°d'rnl Oy N"X 1,7I ry' ;II'''','''.I�!'NI'A' Yrdi I: !
n F'p.l ';!Yyll ik� ��r�1'r ���n, �I� Ian' r!o„ "1111�� 'll�•,�f:' „lir�f�lii''JI { lr,�
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°lab'how is AiF, "r•1"' fir'" 2.0%
C 20,000
= 19,000 1.5%
lyx, VIE
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v ,sx ;yr Nr,l r !v w• Xy hy,r ti Fjyyy ) 1.0%
17,000 1, Y-0d' �hlin• }4, $'Y l ] l rl� y {yQyy ryr'
I \AJ � 3, + 1Nr •n�4 1f ��Auy, I v ���M
�Tr o J,,�;�,, ;i'yY i• �,y}urY��lyJr!l �c r+a S`� >,;,,
�q ^^ d'X �i%' 0.5%
16,000 Itir y''i;
I' 1� V7C 1 � '7y&fl Ilp, awry '°✓ r,7,,q ''�'"y1e ;,�,41„ r /i' ''4�f
15,000
�ogcP ley.
�G
School Year
FTE -0 -Percent of Change
III-8
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN
Capacity Summaries
All Grades, EIementary, Junior High, and Senior High Schools
The Capacity Summaries combine Building Capacity information and the Student Forecast
information. The result demonstrates the requirements for new or remodeled facilities and
why there is a need for the district to use temporary facilities or interim measures.
The information is organized in spreadsheet format, with a page summarizing the entire
District, and then evaluating capacity vs. number of students at elementary,junior high, and
senior high levels individually.
The notes at the bottom of each spreadsheet provide information about what facilities are in
place each year.
III-9
FEDERAL WAY PUBLIC SCHOOLS 1998199 CAPITAL FACILITIES PLAN -
CAPACITY SUMMARY-ALL GRADES
Actual -- Projected--
CAPACITY 1998 1999 2000 2001 2002 2003 2004
BUILDING PROGRAM Z
CAPACITY 19,757 19,757 19,731 19,811 20,235 1 21,009 22,333
Add or subtract changes to capacity y
A
Special Education Changes (26) (26) (26) (26) o (26)
Truman High modernization and expansion 106
Increase Capacity at Three High Schools 450 a
New Middle School 800
New High School c 1,351)
Adjusted Program Capacity i 19,757 19,731 19,811 1 20,235 j 21,009 22,333 1 22,333
ENROLLMENT -
Basic FTE Enrollment 20,619 21,130 21,444 21,774 21,946 1 22,218 22,492
i itcrnet Academy Enrollment 181 500 700 750 300. 850 I 900
Basic FTE Enrollment without Internet Academy 20,438 20,630 20,744 21,024 21,146 21,3Cs 21,592
SURPLUS OR(UNHOUSED)
PROGRAM CAPACITY (681) (899) (933) (789) (137) 965 741
RELOCATABLE CAPACITY
Current Portable Capacity 2,025 2,025 2,175 2,175 2,175 2,175 2,175
Add/Subtract Portable Capacity
Federal Way Public Academy 150' '
Adjusted Portable Capacity 2,025 2,175 2,175 2,175 2,175 2,175 2,175
SURPLUS OR(UNHOUSED)
PROGRAM AND RELOCATABLE
CAPACITY 1,344 1,276 1,242 1,386 2,038 3,140 2,916
III-10
C IPSUA198 HEADER.xls O4179199
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN -
CAPACITY SUMMARY-ELEMENTARY SCHOOLS
Actual -- Projected--
CAPACITY 1998 1999 2000 2001 2002 �Z 2003 2004
BUILDING PROGRAM
CAPACITY 11,131 11,131 11,131 11,105 11,079 11,053 11,027
G
A
n
O
1. Special Education Changes (26) (26) (26) a (26) (26)
� I
Adjusted Program Capacity i 11,131 111,131 111,105 1 11,079 1 11,053 11,027 11,001
ENROLLMENT
Basic FTE Enrollment 11,480 11,656 11,799 1 11,796 1 11,795 19,976 10,102
2. Internet Academy 53 100 125 125 150 150 150
Basic FTE Enrollment without Internet Academy 11,427 11,556 11,674 11,671 11,645 9,826 9,952
SURPLUS OR(UNHOUSED)
PROGRAM CAPACITY (291; ( (4 (592) (592) 1,201 1,049
RELOCATABLE CAPACITY 3.
Current Portable Capacity 1,200 1,200 1,200 1,200 1,200 1,200 1,200
Add/Subtract portable capacity
Move to High School (125)
Adjusted Portable Capacity t 1,200 1 1,200 1 1,200 1 1,200 1 1,200 1,200 1,075
SURPLUS OR(UNHOUSED)
PROGRAM AND RELOCATABLE
CAPACITY 904 775 631 608 1 608 2,401 2,124
NOTES:
1. Add Programs 3 ECEAP, 1 SBD(Severely Behavioral Disordered)and 1 Pre-School Program
This reduces Basic Education capacity in the school years indicated.
2. Internet Academy students are included in projections but do not require full time use of school facilities,
3. Relocatable Capacity is based on the number of portables available and
other administrative techniques which can be used to temporarily
house students until permanent facilities are available. This is a
calculated number only. The actual number of portables that will be used
will be based upon actual population needs.
III-11
CAPSUM98 HE DER t&04123199
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN
CAPACITY SUMMARY-JUNIOR HIGH SCHOOLS
Actual -- Projected--
CAPACITY 1998 1999 2000 2001 2002 z 2003 2004
BUILDING PROGRAM
CAPACITY 4,721 4,721 4,721 4,721 4,721 0 5,521 5,521
m
G
R
1. Add New Middle School 806
m
O
Adjusted Program Capacity 4,721 4,721 4,721 4,721 5,521 ' 5,521 115,521
ENROLLMENT
Basic FTE Enrollment 5,080 5,153 5,247 5,498 5,735 5,703 5,610
2. Internet Academy 69 200 275 275 275 175 175
Basic FTE Enrollment without Internet Academy 5,011 4,953 4,972 5,223 5,460 5,528 5,435
SURPLUS OR(UNHOUSED)
PROGRAM CAPACITY (290) (232) (251) (502) 1 61 1 1 (7) 1 86
RELOCATABLE CAPACITY 3.
Current Portable Capacity 500 500 650 650 650 650 650
Add/Subtract portable capacity
4. Federal Way Public Academy 150
Adjusted Portable Capacity 500 650 650 650 650 650 650
SURPLUS OR(UNHOUSED)
PROGRAM AND RELOCATABLE
CAPACITY 210 418 399 148 711 643 736
NOTES:
1. Add new middle school
2. Internet Academy students are included in projections but do not require full time use of school facilities.
3. Relocatable Capacity is based on the number of portables available and
other administrative techniques which can be used to temporarily
house students until permanent facilities are available. This is a
calculated number only. The actual number of portables that will be used
wilI be based upon actual population needs.
4 Federal Way Public Academy will increase capacity atone junior high site.
III-12
CAPSUS198 HEADERxls 04a3199
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN
CAPACITY SUMMARY-SENIOR HIGH SCHOOLS
Actual -- Projected--
CAPACITY 1999 1999 2000 2001 2002 2 2003 2004
BUILDING PROGRAM 2
CAPACITY 3,905 3,905 3,905 4,011 4,461 n 4,461 5,811
a
Add or subtract changes in capacity n
1. Truman Remodel 106 3
2. Add Capacity to Three High Schools 450 e
3. Add New High School ; 1,350
0
Adjusted Program Capacity 3,905 3,905 i 4,011 1 4,461 4,461 5,811 5,811
ENROLLMENT
Basic FIE Enrollment 4,120 4,321 4,398 4,480 4,416 6,539
4. Internet Academy 59 200 300 350 375 525
Basic Ed without Internet Academy 4,061 4,121 4,098 4,130 4,041 6,014M
SURPLUS OR(UNHOUSED)
t PROGRAM CAPACITY (156) (216) (87) T. 331 42i. (203) (394)
RELOCATABLE CAPACITY 5.
Current Portable Capacity 325 325 325 325 325 325 325
Add\Subtract portable capacity
Add from Elementary 125:
Adjusted Portable Capacity 325 325 325 325 325 325 450
SURPLUS OR(UNHOUSED)
PROGRAM AND RELOCATABLE
CAPACITY 169 109 238 656 745 122 56
NOTES:
1. Truman High School modernization and expansion
2. Add capacity to three existing high schools
3. Add new high school
4. Internet Academy students are included in projections but do not require full time use of school facilities.
5. Relocatable Capacity is based on the number of portables available and
other administrative techniques which can be used to temporarily
house students until permanent facilities are available. This is a
calculated number only. The actual number of portables that will be used
will be based upon actual population needs.
III-13
CAPSUA198 HEADER di 0412b99
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN(
Kinsz County, the City of Federal Way. and the City of Kent Impact Fee Calculations
Single and Multi-Family Residences
Each jurisdiction that imposes school impact fees requires that developers pay these fees to
help cover a share of the impact of new housing developments on school facilities.
To determine an equitable fee throughout unincorporated King County, a formula was
established. This formula can be found in King County Code 21A and was also su stanially
adopted by the City of Federal Way and Kent. The formula requires the District to establish a
"Student Generation Factor" which estimates how many students will be added to a school
district by each new single or multi-family unit and to gather some standard construction
costs, which are unique to that district.
- STUDENT GENERATION FACTOR ANALYSIS
Federal Way Public Schools student generation factor was-determined separately for single
family units and multi-family units. The factors used in the 1998/99 Capital Facilities Plan
were derived using actual generation factors from single family units and multi-family units,
which were constructed in the last five- (5) years.
- IMPACT FEE CALCULATION
Following the calculations for the student generation factor is a copy of the Impact Fee
Calculation for single family and multi-family units based on King County Code 21A and the
Growth Management Act.
Single Family Units
Multi-Family Units
III-14
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FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN
IMPACT FEE
School Site Acquisition Cost: Student Student
Facility Cost/ Facility Factor Factor Cost/ Cost/
Acreage Acre Capacity SFR MFR SFR MFR
Elementary 0:00 $0 484 0.4080 0.0615 SO $0
_ .._. ...._ _ _ O .__. _. ._ ...... ...__.....
Jr High 20.00 $50,000 787 0.1563 0.0342 S 199 S43
Sr High 40.00 $80,000 1,232 0.1146 1.0.0410 S298 S106
TOTAL S496 S150
School Construction Cost: Student Student
%Perm Fac./ Facility Facility Factor Factor Cost/ Cost/
Total Sq Ft Cost Capacity SFR MER SFR MFR
Elementarf 96.95% $0 484 0.4080 0.0615 $0 $0
Jr High 96:95% S17,000,000 787 0.1563 0.0342 $3,273 S716
Sr High _ 96.95%0 $50,000,000 _ 1,232 0.11460.0410 $4,509 $1,613
TOTAL S7,782 S2,329
Temporary Facility Cost: Student Student
%Temp Fac. Facility Facility Factor Factor Cost/ Cost/
Total Sq Ft Cost Size SFR MFR SFR MFR
Elementary M �- 5%3.0 $55,361 25 0.4080 _ 0.0615 $28 $4
Jr High 3.05% $55,361 25 0.1563 0.0342 $11 $2
Sr High 3.05% $55,361 25 0.1146 0.0410 S8 $3
TOTAL Siu '. S9
r—
State Matching Credit Calculation: Student Student
Boeck Cost/ Sq.Ft. State Factor Factor Cost/ Cost/
Sq Ft Student Match SFR MFR SFR MFR
Elementary $99.68 � 0 60.62% 0.4080 0.0615 $0 $0
Jr High S99.68 112 60.62% 0.1563 0.0342 $1,058 S231
New Sr High $99.68 I20 60.52% 0.1146 0.0363 S830 S263
Total S1,887 S494
Tax Payment Credit Calculation SFR MFR
Average Assessed Value(April 98) $153,095 $35,488
Capital Bond Interest Rate(March 99) �m5.11% _5.11%_
Net Present Value of Average Dwelling $1:175,869 $272,571
Years Amortized _ 10 10�W
Property Tax Levy Rate $1.42 $1.42
Present Value of Revenue Stream S1,670 $387
Single Family Multi-Family
Residences Residences
Mitigation Fee Summary
Site Acquisition Cost S496 $150
Permanent Facility Cost $7,782 $2,329
Temporary Facility Cost S46 . $9
State Match Credit ($1,887) ($494)
Tax Payment Credit ($I,670) ($387)
Sub-Total S4,767 S1,607
50%Local Share $2,384 $804
Im act Fee S2,384 S804
Imp-t F«99 9.i1s
04MM III-16
9:49 AM
SECTION IV
SUMMARY OF CHANGES
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN -
SECTION IV
SUMMARY OF CHANGES FROM THE 1998/99 CAPITAL FACILITIES PLAN
The 1998/99 Capital Facilities Plan is an updated document, based on the 1997/98 Capital
Facilities Plan. The changes between the 1997/98 Plan and the 1998/99 Plan are listed.
SECTION I-THE CAPITAL FACILITIES PLAN
INVENTORY OF EDUCATIONAL FACILITIES
Leased Space is added to the inventory
CURRENT INVENTORY OF NON-INSTRUCTIONAL FACILITES
Developed Property
Leased space is added to the inventory
Undeveloped Property
Site 98 is sold
Site 9 is pending sale.
NEEDS FORECAST -EXISTING FACILITIES
Expansion of Decatur High School, Federal Way High School and Thomas Jefferson High
School is added.
Parking Safety, Network Upgrades, Automated Libraries, Elementary.Playgrounds, High School
Sports Fields, and Emergency Communications are added
NEEDS FORECAST - NEW FACILITIES
New Elementary site and New Elementary School are removed.
New High School site, New High School and New Middle School are added.
The Six Year Finance has been rolled forward to reflect 1998/2004
IV-1
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN
SECTION III- SUPPORT DOCUMENTATION
CAPACITY
Changes to building program capacity between the 1997/98 Capital Facilities Plan and the
1998/99 Capital Facilities Plan can be found on page III-3.
PORTABLES
The list of portables reflects the movement of portables between facilities or new portables
purchased. Portable Locations can be found on page III-5
STUDENT FORECAST
The Student Forecast now covers 1998 through 2004. The new forecast reflects an increase
in student population at a decreasing rate observed in the District. The student forecast can
be found on page III-8
CAPACITY SUMMARY
The changes in the Capacity Summary are a reflection of the changes in the capacities and
student forecast. New schools and increased capacity at current buildings are shown as
increases to capacity.
IMPACT FEE CALCULATION- KING COUNTY CODE 21A
The Impact Fee Calculations have changed due to changes in several factors. The adjustment
made in the Impact Fee Calculation, causing a change in the Impact Fee between the 1997/98
Capital Facilities Plan and the 1998199 Capital Facilities Plan can be found on page IV-3.
IV-2
FEDERAL WAY PUBLIC SCHOOLS 1998/99 CAPITAL FACILITIES PLAN
IMPACT FEE CALCULATION CHANGES FROM 1997198 TO 1998/99
STUDENT GENERATION FACTORS
Student Generation factors are based on rates for new developments constructed over a
period of not more than five years prior to the date of the fee calculation. The changes in
student Generation factors between the 1997/98 Capital,Facilities Plan and the 1997/98
Capital Facilities Plan are due to developments that were deleted or added based upon the age
of the developments.
IMPACT FEE
Item From/To Comment
Percent of Permanent Facilities 97.34 % to Report#3 OSPI
96.95%
Percent Temporary Facilities
2.66% to Upda<<d portable i-z entai;
3.05%
Temporary Facility Cost $62,368 to Updated cost of most recently
$55,361 purchased portable (Adelaide
Elementary)
Boeck Cost/Sq. Ft $97.23 to Change per SPI
$99.68
State Match 59.89% to Change per SPI
60.62%
Average Assessed Value SFR - Per Puget Sound Educational Service
$143,979 to District (ESD 121)
$153,095.
MFR - $34,641
To $35,488.
Capital Bond Interest Rate 5.19% to Market Rate
5.11%
Property Tax Levy Rate $1.47to $1.42 Per King County
IV-3
CAPITAL FA CJLITIES
PLAN
1999-2000 - 2004-2005
.4
:f'rr
KENT SCHOOL DISTRICT No. 415
Metropolitan King County
Kent, Covington, Auburn, Black Diamond, Renton, SeaTac, Washington
APRIL 1999
KENT SCHOOL DISTRICT No. 415
12033 SE 256u Street
Kent, Washington 98031-6643
(253) 373-7000
SIX-YEAR CAPITAL FACILITIES PLAN
1999-2000 - 2004-2005
April 1999
BOARD of DIRECTORS
Bill Boyce
Sandra Collins
Susan Follmer
Mike Jensen
Linda Petersen
ADMINISTRATION
Marcia D. Slater, Ph.D.
Interim Superintendent
Daniel L. Moberly
Assistant Superintendent of Business Services
Fred H. High
Executive Director of Finance
Gwen Dupree
Assistant Superintendent of Secondary Education
Beverly J. Cheney, Ed.D.
Assistant Superintendent of Elementary Education & Instructional Services
Margaret A. Whitney
Assistant Superintendent of Human Resources & Student Support Services
Kent Keel
Executive Director of Information Technology
April, 1999
Kent School District No. 415
Six-Year Capital Facilities Plan
1999-2000 - 2004-2005
April 1999
For information on the Plan, please call the
Finance & Planning Department at (253) 373-7295.
Capital Facilities Plan
Contributing Staff
Gwenn Escher-Derdowski, Community Planning Administrator
Clint Marsh, Director of Facilities
Kathy Metzener& Karla Wilkerson, Facilities Department
April, 1999
KENT SCHOOL DISTRICT No. 415
SIX-YEAR CAPITAL FACILITIES PLAN
TABLE of CONTENTS
Section Page.Number
I Executive Summary 2
I I Six-Year Enrollment Projection 4
III Current District "Standard of Service" 8
I V Inventory and Capacity of Existing Schools 12
V Six-Year Planning and Construction Plan 15
V I Relocatable Classrooms 18
V I I Projected Classroom Capacity 20
V I I I Finance Plan and Impact Fee Schedules 25
I X Appendixes 30
Kent School oistrict Six-Year Capital Facilities Plan April, 1999 Page 1
I Executive Summary
This Six-Year Capital Facilities Plan (the "Plan") has been prepared by the Kent
School District (the "District") as the District's facilities planning document, in
compliance with the requirements of Washington's Growth Management Act,
King County Code K.C.C. 21A.43 and Cities of Kent, Covington and Auburn.
This annual plan update was prepared using data available in the spring of 1999
for the 1998-99 school year.
This Plan is consistent with prior long-term capital facilities plans adopted by the
Kent School District. This Plan is not intended to be the sole planning document
for all of the District's needs. The District may prepare interim and periodic Long
Range Capital Facilities Plans consistent with Board Policies, taking into
account a longer or shorter time period, other factors and trends in the use of
facilities, and other needs of the District as may be required. Any such plan will
be consistent with this Six-Year Capital Facilities Plan.
The Kent School District Capital Facilities Plan has been adopted by
Metropolitan King County Council and Cities of Kent, Covington and Auburn and
included in the Capital Facilities Plan element of the Comprehensive Plans of
each jurisdiction. An impact fee implementing ordinance for the unincorporated
areas was effective September 15, 1993. This Plan update has also been
submitted to Cities of Kent, Covington, Auburn, Black Diamond, SeaTac, and
Renton.
A financing plan is included in Section V I I I which demonstrates the District's
ability to implement this Plan.
This Capital Facilities Plan establishes the District's "standard of service" in
order to ascertain the District's current and future capacity. While the State
Superintendent of Public Instruction establishes square footage guidelines for
capacity, those guidelines do not account for the local program needs in the
District. The Growth Management Act, King County and City codes and
ordinances authorize the District to make adjustments to the standard of service
based on specific needs of the District.
Beginning in 1998, the District's standard provides for class size reduction for
grades K - 3 from 26 to 22 students. The District's standard class size for grades
4 - 9 should not exceed 29 students, and class size for grades 10 - 12 should
not exceed 31 students. (See Section I I I for more specific information.)
(Continued)
Kent School District Six-Year Capital Facilities Plan April, 19W Page 2
I Executive Summary (continued)
The capacities of the schools in the District are calculated based on this
standard of service and the existing inventory, which includes some relocatable
classrooms. The District's 1998-99 program capacity of permanent facilities is
24,093 which reflects program changes and the reduction of class size in grades
K - 3. Relocatables provide additional transitional capacity until permanent
facilities are completed.
Kent School District is the fourth largest district in the state. The actual number
of individual students per the October 1, 1998, head count was 26,074. Full
Time Equivalent (FTE) enrollment for this same period was 24,875.90
(Kindergarten at .5 and excluding Early Childhood Education [ECE] and Running Start students).
The District's standard of service, enrollment history and projections, and use of
transitional facilities were among subjects studied by the Citizens' Concurrency
Task Force. The Final Report of the Concurrency Task Force was approved by
the Board of Directors on March 10, 1993. Findings and recommendations of
the Concurrency Task Force are discussed further in Section I I I of this Plan.
In subsequent years, the current plan is to maintain surplus capacity consistent
with today's surplus. This surplus is achieved primarily through the transitional
use of relocatables as recommended by the Citizens' Concurrency Task Force.
The Concurrency Task Force reaffirms that, as has been the practice and
philosophy of the Kent School District, and also based on the most recent
recommendation of the Citizens' Facilities Planning Committee, portables are
NOT acceptable as permanent facilities. Portables, or, using the more accurate
but interchangeable term, "relocatables" may be used as interim or transitional
facilities:
1. To prevent overbuilding or overcrowding of permanent school facilities.
2. To cover the gap between the time of demand for increased capacity
and completion of permanent school facilities to meet that demand.
3. To meet unique program requirements.
Use of relocatable and transitional capacity and specific recommendations by
the Concurrency Task Force are further discussed in Section V I of this Plan.
Pursuant to the requirements of the Growth Management Act, this Plan will be
updated annually, with changes in the fee schedule(s) adjusted accordingly.
Kent School District Six-Year Capital Facilities Plan April. 1999 Page 3
s: '
I I Six - Year Enrollment Projection
For capital facilities planning, growth projections are based on student yield from
documented residential construction projected over the next six years. (See Table 2)
The student generation factor, as defined on the next page, is the basis for the
growth projections from new developments.
King County live births and the District's relational percentage average were
used to determine the number of kindergartners entering the system. (See Table 1)
Based on the 1998 percentage, 8.28% of King County live births, together with
proportional growth from new construction, is equivalent to the number of
students projected to enter kindergarten in the district for the next six-year
period. (See Table 2)
Early Childhood Education students (formerly identified as "Preschool Special
Education [SE] or handicapped") are calculated and reported separately on a .5
FTE basis.
The first grade population is traditionally 7 - 8% larger than the kindergarten
population due to growth and transfers to the District from private kindergartens.
-- Near term projections assume some growth from new developments to be offset
by current local economic conditions. With a few notable exceptions, the
expectation is that enrollment increases will occur District-wide in the long term.
District projections are based on historical growth patterns combined with
continuing development of projects in the pipeline dependent on market and
growth conditions.
The District will continue to track new development activity to determine impact
to schools and monitor conditions to reflect adjustments in this assumption. The
six-year enrollment projection anticipates significant enrollment growth from new
development currently in some phase of planning or construction in the district.
Information on new residential developments and the completion of these
proposed developments in all jurisdictions may be considered in the District's
future analysis of growth projections.
Within practical limits, the District has kept abreast of proposed developments.
The Kent School District-serves six permitting jurisdictions: unincorporated King
County, the cities of Covington, Kent and Auburn. The Lake Sawyer area has
recently been annexed to the City of Black Diamond and the western portion of
the district includes a small portion of the City of SeaTac.
(Continued)
Kent School District Six-Year Capital Facilities Plan April. 1999 Page 4
4
I I Six - Year Enrollment Projection (continued)
STUDENT GENERATION FACTOR
"Student Factor" is defined by code as "the number derived by a school district
to describe how many students of each grade span are expected to be
generated by a dwelling unit" based on district records of average actual student
generated rates for developments completed within the last five years.
Following these guidelines, the student generation factor for Kent School District
is as follows:
Single Family Elementary .515
Junior High .197
Senior High .180
Total .892
Multi-Family Elementary .279
Junior High .086
Senior High .063
Total .428
The student generation factor is based on a survey of 3,149 single family
dwelling units and 2,998 multi-family dwelling units. There was no adjustment for
occupancy and studio apartments were excluded. Please refer to Appendix E on
Page 33 for details of the Student Generation Factor survey.
The actual number of students in those residential developments was
determined using the District's Education Logistics (EDULOG) Transportation
System. In 3,149 single family dwelling units there were 1,622 elementary
students, 621 junior high students, and 566 senior high students for a total of
2,809 students. In 2,998 multi-family dwelling units, there were 836 elementary
students, 257 junior high students, and 189 senior high students, for a total of
1,282 students.
Kent School District Six-Year Capital Facilities Plan April, 19W Page 5
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KENT SCHOOL DISTRICT No.415
SIX -YEAR ENROLLMENT PROJECTION
wcTvAe. P R... <Q;: .; .t :. E C T I :Q Nv;
1998 1999 2000 2001 2002 2003 2004
King County Live Births ' 22,330 21,972 21,817 21,573 21,646 21,719 21,792 '
Increase/ Decrease -719 -358 -155 -399 73 73 73
Kindergarten/Birth % 2 8.28% 8.28% 8.28% 8.28% 8.28% 8.28% 8.28%
2 Eany Childhood Education Q.5 44 56 58 60 62 65 68
2 Kindergarten FTE .5 925 896 939 965 994 1,037 1,076
Grade 1 2,064 1,917 1,965 2,043 2,086 2,155 2,225
Grade 2 2,095 2,056 1,990 2,038 2,117 2,158 2.228
Grade 3 2,208 2,079 2,131 2,065 2,113 2,192 2,232
Grade 4 2,045 2,173 2,130 2,182 2,117 2,164 2,243
Grade 5 2,108 2,053 2.282 2,236 2,289 2,220 2,267
Grade 6 2,045 2,110 2,139 2,369 2,327 2,375 2,305
Grade 7 2,063 2,054 2,187 2,203 2,422 2,361 2,400
Grade 8 1,970 2,009 2,092 2,224 2,240 2,458 2,398
Grade 9 1,925 1,945 2,047 2,130 2,261 2,277 2,494
Grade 10 1,951 1,904 1,998 2,093 2,164 2,284 2,287
Grade 11 1,846 1,850 1,819 1,909 1,997 2,065 2,179
Grade 12 1,631 1,679 1,718 1,689 1,777 1.861 1,927
Total FTE Enrollment 24,920 24,781 25,495 26,206 26,966 27,672 28,329
me":3
Yearly Increase 315 -139 714 711 760 706 657
Yearly Increase % 1.28% -0.56% 2.88% 2.79% 2.90% 2.62% 2.37%
Cumulative Increase 288 149 863 1,574 2,334 3,040 3,697
Full Time Equivalent(FTE) 24.920 24,781 25,495 26,206 26,966 27,672 28,329
' Kindergarten projection based on King County actual live birth percentage and proportional growth from new construction.
2 Kindergarten FTE enrollment projection at.5 is calculated by using the District's percentage of King County live girths
5 years earlier compared to actual kindergarten enrollment in the previous year.(ECE=Early Childhood Education)
3 Oct.98 P223 Headcount is 25,905. Oct.98 full student headcount including 88 Preschool&180 Running Start=26,074.
<. G R O W T H P R 0 J E C T 1 0 N S - ...........
.....Adjustments for current economic factors
......
For facilities planning purposes,this six-year enrollment projection anticipates significant enrollment
growth from new development currently in some phase of planning or construction in the district.
Kent School District Six-Year Capital Facilities Plan Table 2 April, 1999 Page 7
III Current Kent School District "Standard of Service"
In order to determine the capacity of the District's facilities, the King County
Code refers to a "standard of service" that each school district must establish in
order to ascertain its overall capacity. The standard of service identifies the
program year, the class size, the number of classrooms, students and programs
of special need, and other factors determined by the District which would, in the
District's judgment, best serve its student population.
This Plan includes the standard of service as established by Kent School
District. Relocatables included in the capacity calculation use the same standard
of service as the permanent facilities. (see Appendix A, s $ C)
The standard of service defined herein may continue to change in the future.
Beginning in 1998, the District's standard class size for grades K - 3 was
reduced from 26 to 22. Kent School District is continuing a long-term strategic
planning process which may affect aspects of the District's "standard of service".
Future changes to the standard of service will be reflected in future capital
facilities plans.
Current Standards of Service for Elementary Students
Class size for grades K - 3 should not exceed 22 students.
Class size for grades 4 - 6 should not exceed 29 students.
Program capacity for regular education classrooms is calculated at an average
of 25 students per classroom because there are four grade levels at K - 3 and
fluctuations between primary and intermediate grade levels (i.e. Third / Fourth
grade split classes, etc.).
Students may be provided music instruction and physical education in a
separate classroom or facility.
Students may have scheduled time in a special computer lab.
Special Education for students with disabilities may be -provided in a self-
contained classroom with a capacity of 10-15 depending on the program.
(continued)
Kent School District Six-Year Capital Facilities Plan April, 1999 Page 8
I I I Current Kent School District "Standard of Service" (continued)
Identified students will also be provided other educational opportunities in
classrooms for programs designated as follows:
English As a Second Language (ESL)
Self-contained Special Education Programs
Integrated Programs & Resource Rooms (for special remedial assistance)
Education for Disadvantaged Students (Title I)
Gifted Education
Other Remediation Programs
Learning Assisted Program (LAP)
School Adjustment Programs for severely behavior-disordered students
Hearing Impaired
Mild, Moderate and Severe Developmental Disabilities
Developmental Kindergarten
Early Childhood Education (3-4 yr. old preschool handicapped students)
Some of the above special programs require specialized classroom space, as
well as music and physical education classrooms, computer labs, etc.; thus, the
permanent capacity of some of the buildings housing these programs is reduced. _
Some students, for example, leave their regular classroom for a short period of
time to receive instruction in these special programs and space must be
allocated to serve these programs. Some newer buildings have been
constructed to accommodate most of these programs; some older buildings have
been modified, and in some circumstances, these modifications reduce the
classroom capacity of the buildings. When programs change, program capacity
fluctuates and is updated annually to reflect the change in program and capacity.
Current Standards of Service for Secondary Students
The standards of service outlined below reflect only those programs and
educational opportunities provided to secondary students which directly affect
the capacity of the school buildings.
Class size for grades 7 - 9 should not exceed 29 students.
Class size for grades 10 - 12 should not exceed 31 students.
Special Education for students with disabilities may be provided in a self-
contained classroom with a capacity of 10-15 depending on the program.
(continued)
Kent School District Six-Year Capital Facilities Plan April, 1999 Page 9
III Current Kent School District "Standard of Service" (continued)
Identified students will also be provided other education opportunities in
classrooms for programs designated as follows:
Computer Labs
English As a Second Language (ESL)
Integrated Programs & Resource Rooms (for special remedial assistance)
Preschool and Daycare
Honors (Gifted) and Advanced Placement Programs
Basic Skills Programs
Traffic Safety Education
JROTC - Junior Reserve Officers Training Corps
Variety of Technical &Applied Programs (Vocational Education)
i.e. Home & Family Life (Cooking, Sewing, Child Development, etc.)
Business Education (Keyboarding, Accounting, Business Law,
Sales & Marketing, etc.) Woods, Metals, Welding, Electronics,
Manufacturing Technology, Auto Shop, Commercial Foods,
Commercial Art, Drafting & Drawing, Electronics, Careers, etc.
Many of these programs and others require specialized classroom space which
can reduce the permanent capacity of the "school buildings. In addition, an
alternative home school, choice and transition program is provided for students
in grades 2-12 at Kent Learning Center.
Space or Classroom Utilization
As a result of scheduling conflicts for student programs, the need for specialized
rooms for certain programs, and the need for teachers to have a work space
during their planning periods, it is not possible to achieve 100% utilization of
regular teaching stations. Based on the analysis of actual utilization of
classrooms, the District has concluded that the standard utilization rate is 95%
for elementary schools and 85% for secondary schools. In future, the District
will continue close analysis of actual utilization.
Kent School District Citizens' Concurrency Task Force
The Kent School District Board of Directors appointed a Citizens' Concurrency
Task Force, made up of a cross section of the community, to assist in defining
the District's Standard of Service. To accomplish this task, the Task Force was
directed to study Kent School District enrollment history and projections,
demographics and planned new developments, land availability for new schools,
facility capacities and plans, frequency of boundary changes, and portable
(relocatable) vs. permanent facility issues. A meeting for public input was
conducted and the Final Report of the Citizens' Concurrency Task Force was
approved by the Board of Directors on March 10, 1993.
(continued)
Kent School District six-Year Capital Facilities Plan April, 1999 Page 10
III Current Kent School District "Standard of Service" (continued)
The Final Report of the Citizens' Concurrency Task Force included Findings and
Recommendations and provision for the following long term goals:
i
A. Seek to reduce classroom utilization rates to allow more
i flexibility on the building level.
B. Seek to lower average class size from that established for
t the 1992-93 school year.
C. Seek to minimize boundary changes.
D. Ensure that new permanent facilities are designed to accommodate
portables:
1) to resolve current quality concerns
2) to provide for sites for portables to meet increased demand.
E. Pursue modernization of current permanent facilities to resolve
current quality concerns and to provide for additional sites for
portables to meet increased demand.
F. Pursue modernization or replacement of current portables to
resolve quality concerns.
G. Ensure that new portables meet current concerns of quality.
H. Ensure that all sites for portables be modernized and utilities
be installed to meet quality concerns.
I. The quality of facilities, when using relocatable facilities, is a
major concern of citizens of the Kent School District. Use of
relocatable and transitional capacity as well as more specific
concerns and recommendations by the Task Force are further
discussed in Section V I of this Plan.
The Task Force also states that it has reviewed and accepted the explanation of
methodology and the conclusions reached in the enrollment Forecasting System
report and recommends that methodology not be changed without Board
approval.
Kent School District Six-Year Capital Facilities Plan April, 1999 Page 11
I V Inventory and Capacity of Existing Schools
Currently, the District has permanent program capacity to house 24,093 students
based on the District's Standard of Service as set forth in Section I I I. Included
in this Plan is an inventory of the District's schools by type, address and current
capacity. (See Table 3 on Page 13)
The program capacity was updated for changes in programs as well as the
reduction in class size from 26 to 22 in grades K - 3.
Since 1997, Kent Learning Center has served grades 2 through 12 with
transition, choice and home school programs. It is located in the former
Grandview School in the western part of the District. This school was designed
and is currently configured as an elementary school.
Calculation of Elementary, Junior High and Senior High School capacities are
set forth in Appendices A, B and C on pages 30 and 31. A map of existing
schools is included on Page 14.
Kent School District Six-Year Capital Facilities Plan April, 1999 Page 12
KENT SCHOOL DISTRICT No. 415
INVENTORY and CAPACITY of EXISTING SCHOOLS
.... ................. .......
1998-99
Year
SCHCCL I Corned ASR ACDR=_SS Prcgrarn ;
i
Cacacity
Carrie"Crest Elementary 19W CC 18235-140th Avenue SE. Renton 98058 485
Cedar Valley Elementary 1971 CV 26500 Tirnberiane Way SE, Covington 98042 413
Covington Elementary 1961 CO 17070 SE Wax Road, Covington 98042 470
Crestwood Elementary 19W CW 25225-180th Avenue SE. Covington 98042 451
Daniel Elementary 1992 DE 11310 SE 248th Street, Kent 98031 432
East Hill Elementary 1953 EH 9825 S 240th Street, Kent 98031 413
Fairwood Elementary 1969 FW 16600-148th Avenue SE, Renton 98058 418
Glenridge Elementary 1996 GR 19405-120th Avenue SE,Raton 98058 475
Grass Lake Elemwntary 1971 GL 28700-191 st Place SE, Kent 98042 447
Horizon Ekwrwetary 1990 HE 27541-144th Avenue SE, Kerr 98042 456
Jenkins Creek Elementary 1987 JC 26915-186th Avenue SE. Covington 98042 447
Kent Elementary 1935 KE 317-4th Avenue South, Kant 98032 234
Lake Youngs Elementary 1965 LY 19660-142nd Avenue SE, Kent 98042 546
Martin Sortun Elertwntary 1987 MS 12711 SE 248th Street, Kent 98031 475
Meadow Ridge EMnwntary 1994 MR 27710-108th Avenue SE,Kent 98031 447
Meridian Elementary 1939 ME 25621-140th Avenue SE, Kent 98042 532
Neely-O'Brien Elementary 1990 NO 6300 South 236th Street, Kant 98032 413
Panther Lake Elementary 1938 PL 20831-108th Avenue SE. Kent 98031 404
Park Orchard Elementary 1963 PO 11010 SE 232nd Street, Kent 98031 470
Pine Tree E>enwntary 1967 PT 27825-118th Avenue SE. Kent 98031 523
Ridgewood Eiententary 1987 RW 18000-162nd Place SE, Renton 98058 523
Sawyer Woods Elenwntary 1994 SW 31135 228th Avenue SE,Kent 98042 499 _
Scenic HUI Elementary 1960 SH 26M5 Woodland Way South, Kent 98031 437
Sam Creek Elementary 1971 SC 12651 SE 218th Place, Kent 98031 432
Sprmgbrook Elementary 1969 SB 20035-100th Avenue SE, Kent 98031 423
Sunrise Elementary 1992 SR 22300-132nd Avenue SE. Kent 98042 523
Kent Learning Center(Grandview) 1965 LC 22420 Military Road, Des Moines 98198 410
Elementary TOTAL 12.198
Cedar Heights Junior High 1993 CH 19640 SE 272 Street,Covington 98042 1.011
Kant Junior High 1952 KJ 620 North Central Avenue, Kent 98032 826
Mattson Junior High 1981 MA 16400 SE 251st Street, Covington 98042 827
Meeker Junior High 1970 MK 12600 SE 192nd Street, Renton 98058 897
Meridian Junior High 1958 MJ 23480-120th Avenue SE. Kent 98031 769
Northwood Junior High 1996 NW 17007 SE 184th Street, Renton 98058 994
Sequoia Junior High 1966 SJ 11000 SE 264th Street, Kent 98031 799
Junior High TOTAL 6.123
Kentlake Senior High School 1997 KL 21401 SE 300th Street,Kent 98042 1.648
Kent-Meridian Senior High 1951 KM 10020 SE 256th Street, Kent 98031 1,487
Kentridge Senior High 1968 KR 12430 SE 208th Street. Kent 98031 1.299
Kentwood Senior High 1981 KW 25800-164th Avenue SE, Covington 9&M2 1,338
Senior High TOTAL 5.772
DISTRICT TOTAL 24,093
Changes to capacity reflect program changes and reduction in K-3 class size from 26 to 22.
Kent School District Six-Year Capital Facilities Plan Table 3 April, 1999 Page 13
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Kent Schcd District Six-Year Capital Facilities Plan April, 1999 Page 14
V The District's Six-Year Planning and Construction Plan -
At the time of preparation of this Plan in spring of 1998, the following projects are
currently underway in the District:
• Elementary#27a is located at 24700 -64`" Avenue S. near downtown Kent. The school
opened in January 1999 and current students, staff and programs moved to the new
location at that time. The new school retains the name Kent Elementary and boundary
changes and new programs will be implemented in the Fall of 1999.
Emerald Paris Elementary#29 is under construction at the northeast comer of SE 216th
Street and 117th Avenue SE. The school is scheduled to open in the fall of 1999.
• Elementary#30 is in the early planning and construction stages and is scheduled to open
in the fall of 2000. It is in the city of Kent at 119`"Avenue SE and SE 270'h Street.
• Junior High #8 is under review to fill future needs for grades 7 through 9. The Board
authorized purchase of a site for this school at SE 286'h Street on the east side of 124"'
Avenue SE. Exact timing,of the opening of the school is currently under review and
dependent on enrollment needs. Other future facilities are listed in Table 4 and shown on
the site map on page 17.
• Northwood Junior High (#7) opened in the fall of 1996. Kentlake Senior High opened in
the fall of 1997. Each of these schools, combined with portables, continue to provide
capacity for increases to enrollment from new development.
Each of the elementary schools has capacity planned for approximately 540 students
each, depending on placement of special programs. Junior high schools are planned
for a program capacity of approximately 1,065 students and Kentlake Senior High (#4)
has a current program capacity of 1,648.
County and city planners, decision makers and school districts are encouraged to
consider safe walking conditions for all students when reviewing applications and
design plans for new developments. This should include sidewalks, pull-outs and turn
arounds for school buses.
Included in this Plan is an inventory of projects by type, size, location or region, and
estimated completion date. Also included in the inventory are sites identified by the
District, which are potentially acceptable site alternatives in the future. (see Table 4)
The voter approved 1990 Bond Issue for $105.4 million included funding for the
purchase of eleven sites for some of these and future schools, and the sites acquired
to date are included in this Plan. Funding is secured for purchase of additional sites.
Not all undeveloped properties meet school construction requirements and some
property may be traded or sold to meet future facility needs.
Based on voter approval of $130 million in construction funding in February 1994,
elementary schools # 29 and # 30 are the last two to be constructed which have
received voter approval. The Citizens' Facilities Planning Committee is in the process of
reviewing future needs and is expected to make a recommendation to the Board for a
future bond election for capital projects.
Kent School District Six-Year Capital Facilities Plan April, 1999 Page 15
KENT SCHOOL DISTRICT No. 415
Projects Planned, Under Construction, or Providing Additional Capacity
Site Acquisitions included
<: -
j Projected Projected %for
SCHOOL ! FACILITY / SITE LOCATION Type Status Completion Program new
Cate Ca nac"v Gravth
Apphocmate Apprommere
ELEMENTARY (Numbers assigned to Nture schools may not correlate with number o/exrsfing schools.)
Kent Elementary Replacement#27a' 24700-64th Avenue S.Kent New' In Progress 1999 222(net) 50%
'New Kent Elementary 8 27a will replace the current Kent Elementary School (456-23.1)
Emerald Park Elementary(#29)(Funded) 11800 SE 216th St,Kent 98031 New consaucom 1999 485 50%
Elementary#30 (Funded) 11919 SE 270th St,Kent 98031 New Review 2000 485 50%
Elemerttary#31 (Unfunded) To be determined 2 New Planning 20027 540 75%
Elementary#32 (Unfunded) To be determined 2 New Planning 20037 540 75%
JUNIOR HIGH
Junior High#8 (Unfunded)3 SE 286th St&124 Av SE,Kent New Preliminary 20037 1.065 75%
Planning
SENIOR HIGH
r`
' Kendake Senior High(*4) 21401 SE 300 St,Kent 98042 New Open 1997 1.648 40%
,' Additional
TEMPORARY FACILITIES Capacity
Rekxatables For placement as needed New Planning 1999+ 25-31 each 100%
SUPPORT FACILITIES
Satellite Bus Facility To be determined Z New Planning ? N/A
OTHER SITES ACQUIRED Type
Covington area (Near Mattson JH) SE 251 &164 SE, Covington 98042 Elementary
Covington area (Scarsella) SE 290&156 SE, Kent 98042 Elementary
Ham lake area (Pollard) 16820 SE 240, Kent 98042 Elementary
Horseshoe/Keevies lake area(West) SE 332&204 SE, Kent 98042 Junior High
Shady take area (Sowers,etc.) 17426 SE 192 Street, Renton 98058 Elementary
So. ling Co.Activity Center(Nike site) SE 167&170 SE, Renton 98058 School or
Support Facility
Notes:
'New Kent Elementary#27a will replace the current Kent Elementary School
2 Some sites are acquired but placement has not been determined.
3 Facility needs are currently being reviewed by Citizens'Facilities Planning Committee.
Kent School District Six-Year Capital Facilities Plan Table 4 April,1999 Page 16
411 '
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Sites Acquired or Under Construction _•
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X = Support Facility site `"" `.
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Map source: Kng County Planning a CownunRy Development Dnisim �"�••••,
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Kent School District Six-Year Capital Facilities Plan
AprO. igW Page 17
i
f
V I Relocatable Classrooms -
Currently, the District utilizes 149 total relocatables. Of this total, 69 are utilized
' to house students in excess of permanent capacity, 75 are used for program
purposes at school locations, and five for other purposes.(see Appendices A 8 C 0)
Based on enrollment projections and funded permanent facilities, the District
anticipates the need to purchase some relocatables during the next six-year
period.
In the Final Report approved by the Board of Directors on March 10, 1993, the
Kent School District Citizens' Concurrency Task Force reaffirmed that, as has
been the practice and philosophy of the Kent School District, based on the most
recent recommendation of the Citizens' Facilities Planning Committee, portables
(or "relocatables") are NOT acceptable as permanent facilities.
In addition to the Findings and Recommendations regarding portables listed in
Section I I I, "Standard of Service," the Task Force also listed some specific
k
concerns in regard to use of portables as interim or transitional capacity:
i
t
I. The quality of facilities, when using relocatable facilities, is a major
concern of citizens of the Kent School District. That the Kent School
t District should consider the following factors and priorities when
using, purchasing and modernizing portables:
A. HIGHEST CONCERNS
1. Adequate heat
2. Portable covered walkways, where practical
3. Adequate ventilation
4. Fire Safety
B. MODERATE CONCERNS
1. Adequate air conditioning
2. Security
3. Intercoms / Communication
4. Restroom facilities
5. Storage facilities
6. Crowding / class size
7. Noise
8. Availability of equipment (i.e. projectors, etc.)
9. Lack of water (use bottled water/portable tanks for drain)
(Continued)
Kent School District Six-Year Capital Facilities Plan April, 1999 Page 18
i
V I Relocatable Classrooms (Continued) _
For the purpose of clarification, the term "portables" and the more descriptively
accurate term, "relocatables" are used interchangeably in this Plan as well as in
the Concurrency Task Force Report. The reports also reference use of
i
portables or relocatables as interim or transitional capacitylfaciIities.
During the time period covered by this Plan, the District does not anticipate that
all of the District's relocatables will be replaced by permanent facilities. During
the useful life of some of the relocatables, the school-age population may
decline in some communities and increase in others, and these relocatables
I provide the flexibility to accommodate the immediate needs of the community.
,
Although the Citizens' Concurrency Task Force has reaffirmed that portables are
not acceptable as PERMANENT facilities, they did recommend that portables, or
relocatables, may be used as interim or transitional facilities:
1. To prevent overbuilding or overcrowding of permanent school
facilities.
2. To cover the gap between the time of demand for increased
capacity and completion of permanent school facilities to meet
that demand.
3. To meet unique program requirements.
Portables, or relocatables, currently in use will be evaluated resulting in some
being improved and some replaced. Quality concerns. will be among those
addressed by the next Citizens' Facilities Planning Committee in review of
capital facilities needs for the next bond issue.
The Plan projects that the District will use relocatables to accommodate interim
housing needs for the next six years and beyond. The use of relocatables, their
impacts on permanent facilities, life cycle and operational costs, and the
interrelationship between relocatables, emerging technologies and educational
restructuring will continue to be be examined.
Kent School District Six-Year Capital Facilities Plan April. 1999 Page 19
V I I Projected Six-Year Classroom Capacities
t
As stated in Section I V, the program capacity study was updated for changes in
} special programs as well class size reduction in Grades K - 3. As shown in the
Inventory and Capacity chart in Table 3 on Page 13, the program capacity is
also reflected in the capacity and enrollment comparison charts. (See Tables 5 a 5 A-B-C
on pages 21-24)
The first school day of October is set by OSPI as the enrollment count date for
the year. Full Time Equivalent (FTE) student enrollment for October 1, 1998
was 24,875.90 with kindergarten students counted at .5 and excluding Early
Childhood Education students (ECE - preschool special education) and
College-only Running Start FTE's. (See Tables 5&5 A•8 C on pages 21-24)
i
A headcount of all students enrolled on October 1, 1998 totals 26,074 which
continues to rank Kent School District as the fourth largest district in the state of
Washington.
Based on the enrollment forecasts, current inventory and capacity, current
{ standard of service, relocatable capacity, and future planned classroom space,
` the District anticipates having sufficient capacity to house students over the next
six years. (See Table 5 and Tables 5 A-B-C on Pages 21 -24)
is
t
This does not mean that some schools will not experience overcrowding. There
will be significant need for new schools to accommodate growth within the
District. Some schools, by design, may be opened with relocatables on site.
Boundary changes, movement of relocatables, zoning changes, market
conditions, and educational restructuring will all play a major role in addressing
overcrowding and underutilization of facilities in different parts of the District.
Kent School District Six-Year Capital Facilities Plan April, 1999 Page 20
1 -
I KENT SCHOOL DISTRICT No. 415
PROJECTED ENROLLMENT and CAPACITY
t _
TOTAL DISTRICT
• SCHOOL YEAR 1998-99 1999-2000 1 2000-200t 2oa1-2oo2 2002-2003 1 2003-2004 1 2004-2005
Actual P R O J E C T E D
Permanent Program Capacity' 1 24,093 24,093 24,800 25,285 25,285 25,825 27,430
New Permanent Construction '
Elementary#27a 222
Kent Elementary replacement-Net Capacity Gain
Emerald Park Elementary#29 485
' Elementary#30 485
Elementary#31 (Unfunded)4 540
Elementary#32 (Unfunded)4 540
V Junior High #8 (Unfunded)4 1,065
Permanent Program Capacity Subtotal 24,093 24,800 25,285 25,285 25,825 27,430 27,430
Interim Relocatable Capacity
Elementary Relocatable Capacity Required 1,350 450 250 575 200 175
Junior High Relocatable Capacity Required 232 435 812 116
Senior High Relocatable Capacity Required 186 465 651
Total Relocatable Capacity Required a 1,350 450 482 1,010 1,198 465 942
TOTAL CAPACITY ' 25,443 1 25,250 25,767 26,295 27,023 27.895 1 28,372
z
TOTAL FTE ENROLLMENT/PROJECTION 24,920 24,781 25,495 26,206 26,966 27,672 28,329
DISTRICT AVAILABLE CAPACITY 523 469 272 89 57 223 43
' Capacity is based on standard of service for program capacity.
2 FTE=Approximate Full Time Equivalent Enrollment (ie. ECE Preschool Handicapped& 112 day Kindergarten student=.5).
3 1998-99 total classroom relocatable capacity is 1,901.
4 New facility needs are currently being reviewed by the Citizens' Facilities Planning Committee.
Kent School District Six-Year Capital Facilities Plan Table 5 April, 1999 Page 21
s
KENT SCHOOL DISTRICT No. 415
PROJECTED ENROLLMENT and CAPACITY
t --
ELEMENTARY
t
SCHOOL YEAR 1998-99 1999-2000 1 2000-2001 2001-2002 1 2002-20M 2003-2004 200 -20M
Actual P R O J E C T E D
Elementary Permanent Program Capacity 11,788 12,198 12,905 13,390 13,390 13,930 14,470
Kent Learning Center-Special Program t 410
New Permanent Elementary Construction
Kent Elementary#27a 222 (Net Capacity)
Replace Kent Elementary 456-234-222 Net Capacity
Emerald Park Elementary (#29) 485
r
E Elementary#30 485
w. Elementary#31 (Unfunded)4 540
s "
I
Elementary#32 (Unfunded)4 540
subtotal 12,198 12,905 13,390 13,390 13,930 14,470 14,470
Relocatable Capacity Required 2 1,350 450 250 575 200 175
TOTAL CAPACITY 2 13,548 13,355 13,640 13,965 14,130 14,470 14,645
FTE ENROLLMENTIPROJECTION 3 13,534 13,340 13,634 13,958 14,105 14,366 14,644
[SURPLUS (DEFICIT) CAPACITY 14 15 6 7 25 104 1
Kent Learning Center is a special program at Grandview School serving students in Grades 2 through 12.
The school was designed and is currently configured as an elementary school.
2 Capacity is based on standard of service for program capacity.
3 FTE = Approximate Full Time Equivalent Enrollment or Projection (ECE & Kindergarten = .5)
4 New facility needs are currently being reviewed by the Citizens' Facilities Planning Committee.
Kent School District Six-Year Capital Facilities Plan Table 5 A April, 1999 Page 22
KENT SCHOOL DISTRICT No. 415
PROJECTED ENROLLMENT and CAPACITY
JUNIOR HIGH
SCHOOL YEAR 1998-99 1999-2oo0 1 2000-2001 2001-2002 1 2002-2003 2003-2004 1 2004-2005
Actual P R O J E C T E D
Junior High Permanent Program Capacity 6,123 6,123 6,123 6,123 6,123 6,123 7,188
New Permanent Junior High Construction
Junior High# 8 (Unfunded) 1,065
Subtotal 6,123 6,123 6,123 6,123 6,123 7,188 7,188
j
FRel'o table Capacity Required ' 232 435 812 116
TOTAL CAPACITY ' 6,123 6,123 6,355 6,558 6,935 7,188 7,304
FTE ENROLLMENT/PROJECTION 2 5,958 6,008 6,326 6,557 6,923 7,096 7,292
SURPLUS DEFICIT) CAPACITY 165 115 29 1 12 92 12
' Capacity numbers are based on standard of service for program capacity:
2 FTE=Approximate Full Time Equivalent Enrollment!Projection
Approximately 10 Junior High students are served part of the day at high schools for advanced placement.
3 New facility needs are currently being reviewed by the Citizens' Facilities Planning Committee.
5 B April,1999 Page 23bl Tae
Kent School District Six-Year Capital Facilities Plan _
`. KENT SCHOOL DISTRICT No. 415
PROJECTED ENROLLMENT and CAPACITY
4
SENIOR HIGH
s
i
SCHOOL YEAR 1998-99 1999-2000 1 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005
t
Actual P R O J E C T E D
i
Senior High Permanent Program Capacity 5,772 5,772 5,772 5,772 5,772 5,772 5,772
New Permanent Senior High Construction
Subtotal 5,772 5,772 5,772 5,772 5,772 5.772 5,772
lRelocatable Capacity Required ' 186 465 651
TOTAL CAPACITY ' 5,772 5,772 5,772 5.772 5,958 6,237 6,423
FTE ENROLLMENT/PROJECTION 2 5,428 5,433 5,535 5,691 5.938 6,210 6,393
SURPLUS (DEFICIT) CAPACITY 344 339 237 81 20 27 30
' Capacity numbers are based on standard of service for program capacity.
2 FTE = Approximate Full Time Equivalent Enrollment, excluding full time Running Start students.
Approximately 10 Junior High students are served part of the day at high schools for advanced placement.
New facility needs are currently being reviewed by the Citizens' Facilities Planning Committee.
Kent School District Six-Year Capital Facilities Plan Table 5 C April,1999 Page 24
V I I I Finance Plan
The finance plan shown on Table 6 demonstrates how the Kent School District
plans to finance improvements for the years 1999 - 2000 through 2004 - 2005.
The financing components include secured and unsecured funding. The plan is
based on voter approval of future bond issues, collection of impact fees under
the State Growth Management Act and voluntary mitigation fees paid pursuant to
State Environmental Policy Act.
Kent Elementary # 27a, replacement for the existing Kent Elementary School, is
the last school for which the District expects to receive state matching funds
under the current state funding formula.
For the Six-Year Finance Plan, costs of future schools are based on estimates
from Kent School District Facilities Department.
Kent School District six-Year Capital Facilities Plan April, 1999 Page 25
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KENT SCHOOL DISTRICT
FACTORS FOR ESTIMATED IMPACT FEE CALCULATIONS
Student Generation Factors -Single Family Student Generation Factors - Multi-Family
Elementary 0.515 Elementary 0.279
Junior High 0.197 Junior High 0.086
Senior High 0.180 Senior High 0.063
Total 0.892 Total 0.428
Projected Student Capacity per Facility SPI Square Footage per Student
Elementary 540 Elementary 80
Junior High 1,065 Junior High 113.33
Senior High 1.650 Senior High 120
Required Site Acreage per Facility Average Site Cost/Acre
Elementary (required) 11 Elementary $0
Junior High (required) 21 Junior High $0
Senior High (required) 27 Senior High s0
New Facility Construction Cost/Average Temporary Facility Capacity & Cost
Elementary $8,514,297 Elementary @ 25 $57,000
Junior High $19,115,525 Junior High @ 29 $57.000
Senior High s0 Senior High @ 31 $57,000
x
•See average calculations on Pg.27a
Temporary Facility Square Footage State Match Credit
Elementary 84,196 Current State Match Percentage 0.00%
Junior High 24,360 Previous State Match 55.64%
Senior High 20,840
Total 4% 129,396 Boeckh Index Factor
Current Boeckh Index $99.83
Permanent Facility Square Footage
Elementary. 1,282,101
Junior High 738,840 District Average Assessed Value
Senior High 830,629 Single Family Residence $162,224
Total 96% 2,851,570
Total Facilities Square Footage District Average Assessed Value
Elementary 1;366,297 Multi-Family Residence $47,652
Junior High 763,200
Senior High 851,469
Total 2,980,966 District Debt Service Tax Rate
Current /$1000 Rate S2.97
Developer Provided Sites/ Facilities
Value 0 General Obligation Bond Interest Rate
Dwelling Units 0 Current Bond Buyer Index 5.11%
Kent School District Six-Year Capital Facilities Plan April,1999 Page 27
r
For impact fee calculations, construction costs are based on the average costs
of the last four elementary schools and the next elementary school, and the
average costs of the last two junior high schools and the next junior high school.
Elementary Schools Cost Average
Sawyer Woods $6,463,054
Meadow Ride $6,996,325
Glenrid a $8,032,895
Kent Elements #27a $10,122,095
Emerald Park #29 $10,957,114
Average Cost of
5 elementary schools $8,514,297
L
Junior High Schools Cost Average
Cedar Heights $14,488,028
Northwood $17,100,049
Junior High #8 $25,758,498
Average Cost of
3 junior high schools $19,115,525
Kent School District Six-Year Capital Facilities Plan April, 1999 Page 27a
1
KENT SCHOOL DISTRICT
IMPACT FEE CALCULATION for SINGLE FAMILY RESIDENCE
Site Acquisition Cost per Single Family Residence -
Formula: ((Acres x Cost per Acre)/Facility Capacity)x Student Generation Factor
Required Site Acreage I Average Site Cost/Acre I Facility Capacity I Student Factor
A 1 (Elementary) 11 so 540 0.515 50.00
A (Junior High) 21 s0 1,065 0.197 $0.00
A 3 (Senior High) 27 s0 1,650 0.180 $0.00
A—> $0.00
Permanent Facility Construction Cost per Single Family Residence
Formula: ((Facility Cost/Facility Capacity)x Student Factor)x(Permanent/Total Square Footage Ratio)
Consinutlon Coal Facility Capacity Student Factor I Footage Ratio
B 1 (Elementary) $8.514.297 540 0.515 0.96 $7.795.31
B 2 (Junior High) $19.115.525 1,065 0.197 0.96 $3,394.49
B 3 (Senior High) $0 1,650 0.180 0.96 $0.00
0.892 B—> $11,189.80
Temporary Facility Cost per Single Family Residence
Formula: ((Facility Cost/Facility Capacity)x Student Factor)x(Temporary/Total Square Footage Ratio)
Facility Cost Facility Capacity F Student Factor I Footage Ratio
C 1 (Elementary) $57,000 25 0.515 0.04 $46.97
C 2 (Junior High) $57,000 29 0.197 0.04 $15.49
C 3 (Senior High) 557,000 31 0.180 0.04 $13.24
0.892 C—> $7S.69
State Match Credit per Single Family Residence
Formula: Boeckh Index x SPI Square Footage x District Match% x Student Factor
8oeelch Index SPI Fodags District Match% StudeM Factor
D 1 (Elementary) $99.83 80 0 0.515 $0.00
D 2 (Junior High) 599.83 113.33 0 0.197 $0.00
0 3 (Senior High) $99.83 120 0 0.180 $0.00
0—> $0.00
Tax Credit per Single Family Residence
Average Residential Assessed Value $162.224
Current Debt Service Tax Rate $2.97
Bond Buyer Index Interest Rate 5.11%
Discount Period (10 Years) 10 TC—> $3.700.58
Developer Provided Facility Credit Facility!Site Value Dwelling Units
0 0 FC—> 0
Fee Recap
A = Site Acquisition per SF Residence $0.00
B = Permanent Facility Cost per Residence $11.189.80
C = Temporary Facility Cost per Residence 575.69
Subtotal $11.265.49
D = State Match Credit per Residence $0.00
TC=Tax Credit per Residence $3,700.58
Subtotal - 53,700.58
Total Unfunded Need $7.564.92
Developer Fee Obligation 33,782.46
FC=Facility Credit(if applicable) 0
Net Fee Obligation per Single Family Residence $3,782.46
Kent School District Six-Year Capital Facilities Plan April,1999 Page 28'
IX
Appendixes
Appendix A: Calculations of Capacities for Elementary Schools
Appendix B: Calculations of Capacities for Junior High Schools
Appendix C: Calculations of Capacities for Senior High Schools
Appendix D: Use of Relocatables
Appendix E: Student Generation Factor Survey
Appendix F: Summary of Changes to 1998 Capital Facilities Plan
Kent School District Six-Year Capital Facilities Plan April, 1999
KENT SCHOOL DISTRICT
IMPACT FEE CALCULATION for MULTI-FAMILY RESIDENCE
Site Acquisition Cost per Multi-Family Residence Unit
Formula: ((Acres x Cost per Acre)/Facility Capacity)x Student Generation Factor
Required Site Acreage I Average Site CozVAcre I Facility Capacity I Sludenl Factor
A 1 (Elementary) 11 so 540 0.279 S0.00
A 2 (Junior High) 21 So 1,06S 0.086 $0.00
A 3 (Senior High) 27 s0 1.650 0.063 s0.00
A $0.00
Permanent Facility Construction Cost per Multi-Family Residence Unit
Formula: ((Facility Cost/Facility Capacity)x Student Factor)x(Permanent/Total Square Footage Ratio)
Constructlort Cost Facility Capacity I Sludent Factor I Footage Ratio
B 1 (Elementary) $8,514,297 540 0.279 0.96 $4,223.09
B 2 (Junior High) $19,115,525 1,06S 0.086 0.96 $1.481.86
B 3 (Senior High) $0 1,650 0.063 0.96 $0.00
0.428 B $5,704.95
Temporary Facility Cost per Multi-Family Residence Unit
Formula: ((Facility Cost/Facility Capacity)x Student Factor)x(Temporary/Total Square Footage Ratio)
Facility Cost Facility Capacity t Student Factor t Footage Ratio
C 1 (Elementary) $57,000 25 0.279 0.04 s25.44
C 2 (Junior High) $57.000 29 0.086 0.04 $6.76
C 3 (Senior High) $57.000 31 0.063 0.04 $4.63
0.428 C—> $36.84
State Match Credit per Multi-Family Residence Unit
Formula: Boeckh Index x SPI Square Footage x District Match% x Student Factor
Boeckh Index SR Footage District Match% Student Factor
O1 (Elementary) $99.83 80 0 0279 $0.00
0 2 (Junior High) S99.83 113.33 0 0.086 $0.00
,-Y 0 3 (Senior High) $99.83 120 0 0.063 $0.00
$0.00
Tax Credit per Multi-Family Residence Unit
Average Residential Assessed Value $47,6S2
Current Debt Service Tax Rate $2.97
Bond Buyer Index Annual Interest Rate 5.11%
Discount Period (10 Years) 10 TC—> $1,082.82
Developer Provided Facility Credit Facility/Site Value Dwelling Units
0 0 FC—> 0
Fee Recap
A = Site Acquisition per Multi-Family Unit $0.00
B = Permanent Facility Cost per MF Unit $5,704.95
C = Temporary Facility Cost per MF Unit $36.84
Subtotal $5,741.79
0 State Match Credit per MF Unit $0.00
TC=Tax Credit per MF Unit $1,082.82
Subtotal - $1.082.82
Total Unfunded Need $4.658.97
Developer Fee Obligation $2.329.49
FC=Facility Credit(if applicable) 0
Net Fee Obligation per Multi-Family Residence Unit $2,329.49 r
Kent School District Six-Year Capital Facilities Plan April,1999 Page 29
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Appendix F - Summary of Changes to April 1998 Capital Facilities Plan
The Capital Facilities Plan (the "Plan") is updated annually based on previous Plans in
effect since 1993. The primary changes from the April 1998 Plan are summarized here.
Kent Elementary #27a has completed construction and Emerald Park Elementary #29
is under construction with opening scheduled for January and September, 1999
respectively. Elementary 30 will start construction soon. Citizens' Facilities Planning
Committee is reviewing future facility needs and is expected to make a
recommendation to the Board in Fall of 1999.
Changes to capacity reflect some reduction in class size for grades K - 3 as well as
annual program changes. Changes in portables or transitional capacity reflect
purchase, sale, surplus and/or movement of portables between facilities
Permanent facility costs and site cost per acre have been adjusted to reflect averages
of costs for schools built most recently. The district expects to receive no state
matching funds for schools in this Plan and tax credit factors are updated annually.
Student enrollment forecast is updated annually.
The student generation factor survey was updated to reflect developments added or
deleted and changes in student yield. Changes reflect no adjustment for occupancy
and exclusion of studio apartments per agreement with members of the development
community. Survey data is included as Appendix E.
Changes to Impact Fee Calculation Factors include:
ITEM Graderrype FROM TO Comments
Student Generation Factor Elem 0.512 0.515 Updated in 1999 Plan
Single Family (SF) Jr 0,188 0.197
Sr 0.140 0.180
Total 0.840 0.892
Student Generation Factor Elem 0.235 0.279 Updated in 1999 Plan
Multi-Family (MF) Jr 0.080 0.086
Sr 0.062 0.063
Total 0.377 0.428
State Match 55.64% 0% Per SPI
Boeckh Index (Cost per square foot) s97.23 $99.83 Per SPI
Average Assessed Valuation SF $149,635 $162,224 Per Puget Sound ESD
AV-Average of Condominiums&Apts. MF W.992 $47,652 Per Puget Sound ESD
Debt Service Tax Rate $2.97 $2.97 Per King County Assessor
General Obligation Bond Interest Rate 5.19% 5.11% Market Rate
Impact Fee- Single Family SF $3.744 $3,782
Impact Fee- Multi-Family MF $1.888 $2,329
Kent School District Six-Year Capital Facilities Plan APPENDIX F April, 1999 Page 34
1W
0: '.
Kent City Council Meeting
Date September 7 , 1999
Category Consent Calendar
1 . SUBJECT: LEVEL 3COM LIMITED STREET LICENSE - AUTHORIZATION
2 . SUMMARY STATEMENT: Authorization for the Mayor to execute a
Limited Street License with Level 3 Communications, L.L.C. ,
subject to review and approval of final terms by the City
Attorney. Level 3Com is installing a fiber optic telecommuni-
cation system along the Union Pacific Railroad mainline right-
of-way. This license allows Level 3Com to cross City streets
that intersect the UPRR mainline.
3 . EXHIBITS: License
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. 6H
LIMITED STREET LICENSE BETWEEN
THE CITY OF KENT AND
LEVEL 3 COMMUNICATIONS, L.L.C.
THIS LIMITED STREET LICENSE ("License") is entered into between the CITY OF
KENT, a Washington Municipal Corporation ("City"), and LEVEL 3 COMMUNICATIONS,
L.L.C., a Delaware Limited Liability Company("Level 3Com").
RECITALS
WHEREAS, Level 3Com seeks to extend a fiber optic telecommunications system in the
City of Kent; and
WHEREAS, Level 3Com has requested that the City grant a franchise to use City right-of-
way to extend these two transmission lines to the connection facility; and
WHEREAS, at this time the City is developing a policy that will establish procedures and
regulations for the franchise and use of its right-of-ways by telephone companies for the extension
and development of wired telephone systems; and
WHEREAS, the City cannot issue a franchise for a wired telephone system until this policy
has been fully developed and issued; and
WHEREAS, Level 3Com wishes to proceed with the construction of these two transmission
lines before the City issues either its policy or a franchise to Level 3Com for that purpose; and
WHEREAS, the City is willing to enter into this License under the terms and conditions set
forth in this License so that Level 3Com can commence construction of its two planned transmission
lines;
NOW, THEREFORE, THE CITY AND LEVEL 3COM AGREE AS FOLLOWS:
LICENSE
1. License Granted. The City grants Level 3Com this Limited Street License for
a period of five (5) years from the effective date of this License to install, construct, operate,
maintain, remove, repair, reconstruct, replace, use and inspect a fiber optic telecommunications
system and all related equipment("Telecommunications System")within the Union Pacific Railway
mainline right-of-way in the City of Kent. In order to complete installation of this
Telecommunications System, Level 3Com must also install its system across, along, in, upon, and
under the City's right-of-ways that cross the Union Pacific mainline system. The City streets that
cross the Union Pacific Railway mainline right-of-way are described in Exhibit A,which is attached
LEVEL 3 LICENSE--Page 1 of 7 September 1, 1999
and incorporated by this reference. A map indicating the general route of the Telecommunications
System is attached as Exhibit B. This License is subject to all the terms and conditions established
below.
2. City Owned Facilities. In order to obtain this License, Level 3Com would typically
provide and install a four inch(4") conduit with pullboxes for and on behalf of the City, at no cost
to the City in the affected City right-of-ways. However, since Level 3Com's interference with City
right-of-ways is minimal at this time, the City will waive this condition.
3. Revocation and Termination. The intent of this License is to authorize Level
3Com to operate its Telecommunications System on the designated City right-of-ways, which right-
of-ways constitute a valuable property interest owned by the City. This License does not grant an
estate in the land described in Exhibit A; it is not an easement; it is not a franchise; it is not
exclusive; and, it does not exclude the City from full possession of the property described in Exhibit
A. As a license upon real property, it is revocable at the will of the City. However, prior to
termination or revocation by the City, the City shall provide Level 3Com with at least sixty (60)
calendar days written notice of that termination or revocation. Upon the effective date of the City's
termination or revocation, the City may require Level 3Com to remove the Telecommunications
System within thirty (30) calendar days; if Level 3Com fails to remove the Telecommunications
System within the allotted time, the City may remove all or part of the Telecommunications System
and Level 3Com waives any right it may have to any claim for damages of any kind incurred as a
result of the City's removal of all or part of the Telecommunications System. _.
4. Permits Required. The City's grant of this License does not release Level 3Com
from any of its obligations to obtain applicable local, state, and federal permits necessary to install,
construct, operate, maintain, remove, repair, reconstruct, replace, use and inspect the
Telecommunications System. Level 3Com's failure to comply with this Section 4 shall constitute
grounds for immediate revocation by the City.
5. Relocation. Level 3Com shall, at its sole cost and expense, protect, support,
temporarily disconnect, relocate or remove, all or a part of its Telecommunications System when
required by the City for reasons of traffic conditions or public safety, widening or improvement of
existing right-of-ways, change or establishment of street grade, or the construction of any public
improvement or structure by any governmental agency acting in a governmental capacity,provided
that Level 3Com shall, upon receiving approval and obtaining the necessary permits from the City,
have the right to bypass in the authorized portion of the same right-of-way, any section of cable
required to be temporarily disconnected or removed.
LEVEL3 LICENSE--Page 2 of 7 September 1, 1999
5.1. For the purposes of this Section 5, any condition or requirement imposed by
the City upon itself or any person or entity acting on the City's behalf, (including without
limitation, any condition or requirement imposed pursuant to any contract or in conjunction
with approvals for permits for zoning, land use, construction, or development) that
reasonably necessitates the relocation of Level 3Com's facilities within the right-of-ways
described in Exhibit A shall be a required relocation for purposes of the previous subsection.
5.2. If the City,under its authority,causes a required relocation of all or part of the
Telecommunications System, the City, at least sixty (60) calendar days prior to the
commencement of the project requiring relocation, shall provide written notice to Level
3Com of the required relocation and shall provide Level 3Com with copies of pertinent
portions of the plans and specifications for the project. After receipt of the City's notice,
Level 3Com must complete the required relocation of its affected facilities at least ten(10)
calendar days prior to the commencement of the project requiring relocation. Level 3Com
will complete this required relocation at no charge or expense to the City. Further, Level
Kom's relocation shall be accomplished in a manner that accommodates and does not
interfere with the project requiring relocation.
5.3. Level 3Com may, after receipt of the City's written notice requesting
relocation, submit written alternatives to the City. The City will evaluate those alternatives
to determine if any of the alternatives can accommodate the work that would otherwise
necessitate the relocation of the Telecommunications System. If requested by the City, Level
3Com will submit additional information to assist the City in making its determination. The
City will give each alternative proposed by Level 3Com full and fair consideration. In the
event the City ultimately determines that no reasonable or feasible alternative exists, Level
3Com shall relocate its facilities as otherwise provided in this Section 5.
5.4. In the event that a relocation of any of the Telecommunications System is
required by any person or entity other than the City, so long as that person or entity is not
acting on the City's behalf in conducting any of the activities described in this Section 5,
Level 3Com shall make those arrangements, including compensation for Level 3Com's
relocation cost, that it deems appropriate with that person or entity.
5.5. The provisions of this Section 5 shall survive the expiration or termination
of this License.
6. Undergrounding. Level 3Com shall, wherever possible, underground its
Telecommunications System. Level 3Com shall not erect poles, run or suspend wires, cables, or
other facilities, in any area where there are no aerial facilities, or in any area in which telephone,
electric power wires and cables have been placed underground. Nevertheless, if at the time of permit
application, the City does not require the undergrounding of all or part of the Telecommunications
System, the City may, at any time while this License is in effect, require the conversion of Level
LEVEL LICENSE--Page 3 of 7 September 1, 1999
3Com's aerial facilities to underground installation at Level Kom's sole cost and expense.
6.1. Whenever the City requires undergrounding of any aerial utilities in the street
right-of-ways, Level 3Com shall underground its aerial facilities in the manner specified by
the City concurrently with the other affected utilities. When other utilities are present and
involved in the undergrounding project,Level 3Com shall pay its fair share of common costs
born by all utilities in addition to the costs specifically attributable to the undergrounding of
Level 3Com's own facilities. Common costs shall include necessary costs not specifically
attributable to the undergrounding of any particular facility, such as costs for common
trenching and utility vaults. "Fair share" shall be determined for a project on the basis of the
number and size of Level 3Com's facilities being undergrounded in comparison to the total
number and size of all other utility facilities being undergrounded.
7. Emergency. In the event of any emergency in which any portion of the
Telecommunications System breaks,becomes damaged, or in any other way becomes an immediate
danger to the property, life, health, or safety of any individual, Level 3Com shall immediately take
the proper emergency measures to remedy the dangerous condition without first applying for and
obtaining a permit as required by this License. However, this emergency work shall not relieve
Level 3Com from its obligation to obtain all permits necessary for this purpose, and Level 3Com
shall apply for those permits within the next two succeeding business days.
8. Indemnification. Level 3Com shall comply with the following indemnification
requirements:
8.1. Level 3Com shall defend, indemnify and hold the City, its officers, officials,
employees, agents, assigns and volunteers harmless from any and all claims, actions, injuries,
damages, losses or suits, including all legal costs, witness fees and attorney fees, arising out
of or in connection with the performance of any of Level Kom's rights or obligations
granted by this License,but only to the extent of the negligence or comparative fault of Level
3Com, its employees, agents, contractors, subcontractors, consultants, subconsultants or
assigns.
8.2. The City's inspection or acceptance of any of Level 3Com's work when
completed shall not be grounds to avoid any of these covenants of indemnification.
8.3. These indemnification obligations shall extend to any claim, action or suit
that may be settled by compromise, provided that Level 3Com shall not be liable to
indemnify the City for any settlement agreed upon without the consent of Level 3Com;
however, if Level 3Com consents to the agreed upon settlement, then Level 3Com shall
indemnify and hold the City harmless as provided for in this Section 8 by reason of that
settlement. Moreover, if Level 3Com refuses to defend the City against claims by third
parties, Level 3Com shall indemnify the City regardless of whether the settlement was made
with or without Level Kom's consent.
LEVFL3 LICENSE--Page 4 of 7 September 1, 1999
8.4. In the event that Level 3Com refuses to tender defense in any claim, action
or suit by a third party pursuant to this Section 8 and if Level Kom's refusal is subsequently
determined by a court having jurisdiction(or such other tribunal that the parties shall agree
to decide the matter) to have been a wrongful refusal, then Level 3Com shall pay all the
City's costs for defense of the action, including all legal costs,witness fees and attorneys' fees
and also including the City's costs, including all legal costs,witness fees and attorneys' fees,
for recovery under this indemnification clause (Section 8).
8.5. The provisions of this Section 8 shall survive the expiration or termination
of this Agreement.
9. Insurance. Level 3Com shall procure and maintain for the duration of this
License, insurance of the types and in the amounts described below against claims for injuries to
persons or damage to property which may arise from or in connection with the performance of the
work by Level 3Com,its agents,representatives, employees, contractors, subcontractors, consultants,
subconsultants or assigns.
9.1. Before beginning work on the project described in this License, Level 3Com
shall provide a Certificate of Insurance evidencing:
9.1.1. Automobile Liability insurance with limits no less than$1,000,000
combined single limit per accident for bodily injury and property damage; and
9.1.2. Commercial General Liability insurance written on an occurrence
basis with limits no less than$2,000,000 combined single limit per occurrence and
general aggregate for personal injury,bodily injury and property damage. Coverage
shall include but not be limited to: blanket contractual; products/completed
operationsibroad form property damage; explosion, collapse and underground
(XCU); and employer's liability.
9.1.3. Excess Liability insurance with limits not less than $2,000,000 per
occurrence and aggregate.
9.2. Any payment of deductible or self-insured retention shall be the sole
responsibility of Level 3Com.
9.3. The City, its officers, officials, employees, agents, assigns and volunteers
shall be named as an additional insured on the insurance policy, as respects work performed
by or on behalf of the Level 3Com and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance.
LEVEL 3 LICENSE--Page 5 of 7 September 1, 1999
9.4. Level 3Com's insurance shall contain a clause stating that coverage shall
apply separately to each insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
9.5. Level 3Com's insurance shall be primary insurance as respects the City, and
the City shall be given thirty(30) calendar days prior written notice by certified mail of any
cancellation, suspension or material change in coverage.
10. Modification. This License may not be modified, altered, or amended unless first
approved in writing by the City.
11. Assignment. Level 3Com may assign all or any portion of its rights, benefits, and
privileges, in and under this License subject to and conditioned upon approval of the City, which
approval will not be unreasonably withheld or delayed. Level 3Com shall, no later than thirty(30)
days of the date of any proposed assignment, file written notice of intent to assign the License with
the City together with the assignee's written acceptance of all terms and conditions of the License
and promise of compliance. Notwithstanding the foregoing, Level 3Com shall have the right,
without such notice or such written acceptance,to mortgage its rights,benefits, and privileges in and
under this License to the Trustee for its bondholders and assign to any subsidiary, parent, affiliate
or company having common control with Level 3Com so long as notice of same is provided to the
City and provided Level 3Com remains fully liable to the City for compliance with all terms and
conditions hereof until such time as the City shall consent to such assignment as provided above.
11. Dispute Resolution; Venue; Jurisdiction. In the event of any alleged breach or
threatened breach of this License by either party and if the City and Level 3Com are unable to cure
the breach or otherwise resolve their dispute,then final resolution of this dispute or claim shall occur
solely under the jurisdiction or venue of the King County Superior Court located in Kent,
Washington. Each party shall also be responsible for its own legal costs and attorney fees incurred
in defending or bringing that claim or lawsuit.
12. Notice.All notices, requests, demands, or other communications provided for in this
License shall be in writing and shall be deemed to have been given when sent by registered or
certified mail, return receipt requested, addressed as the case may be, to the addresses listed below
for each party, or to such other person or address as either party shall designate to the other from time
to time in writing forwarded in like manner.
///
///
LEVU3 LICENSE--Page 6 of 7 September 1, 1999
CITY OF KENT LEVEL 3 COMMUNICATIONS, L.L.C.
Attn: City Clerk Attn:
220 Fourth Avenue South
Kent, WA 98403
Please Copy to:
14. This License contains the entire agreement between the parties and, in executing it,
the City and Level 3 do not rely upon any statement, promise, or representation, whether oral or
written, not expressed herein.
IN WITNESS, this Limited Street License is executed and shall become effective as of the
last date signed below.
CITY OF KENT LEVEL 3 COMMUNICATIONS, L.L.C.
By: By:
JIM WHITE, Mayor Its:
Date: Date:
APPROVED AS TO FORM:
By:
THOMAS C. BRUBAKER
Deputy City Attorney
P.\CiviMLES\OpenFiles\0421 U.evel3-LirtdtedStreetLiceme.doc
LEVELS LICENSE--Page 7 of 7 September 1, 1999
The company's long-haul route through the City of Kent will be entirely within the right-of-
way of the Union Pacific Railroad's main line. The planned route crosses six City of Kent
streets:
W Willis Street
W Meeker Street
W Smith Street
W James Street
S 228th Street
S 212th Street
We have separately obtained from the Washington State Department of Transportation
approval of our planned SR 167 crossing located a short distance north of the planned
James Street crossing.
Level 3 proposes to bore beneath each of the City of Kent facilities that the railroad crosses
on grade, using accepted industry equipment and methods. No city pavement will be cut in
this process. The CAD drawings for each of these crossings, a set of Typical Drawings and
Specification, and requested environmental information have been submitted to the City of
Kent for review. Additionally, Level 3 has modified its design to avoid the Upland Playfield
area leased by the City from UPRR. Finally, although our crossing of the Green River
occurs outside the City of Kent, we have submitted information to the City on our plans and
approvals in that environmentally sensitive area.
A route map, which is essentially a map of the Union Pacific Railroad route through Kent,
will be faxed to you Monday.
C%11.01 r)R
.„ .ILJiT_ As
Kent City Council Meeting
Date September 7 , 1999
Category Consent Calendar
1 . SUBJECT: HORSESHOE ACRES ANNEXATION ZONING - SET HEARING
DATES
2 . SUMMARY STATEMENT: Set September 21, and November 2, 1999,
as the dates for public hearings on Horseshoe Acres Annexation
Zoning.
3 . EXHIBITS : None
4 . RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6I
m
_n Kent City Council Meeting
Date September 7 , 1999
Category Other Business
1 . SUBJECT: MOWER/HEBERT COMPREHENSIVE PLAN AMENDMENT
CPA-98-2 (I) /CPZ-98-9
2 . SUMMARY STATEMENT: The Land Use and Planning Board (LU&PB)
heard this item on November 30, 1998 as part of the annual
deliberations on the 1998 comprehensive plan amendments . The
City Council discussed the Planning Board' s recommendation on
February 2 , 1999 and decided to table this and one other
proposed plan amendment until the matter of townhouse zoning
was completed. Recently, the City Council adopted an ordinance
implementing a townhouse zoning district, which requires new
multifamily developments to be condominiums . Following
adoption of the townhouse ordinance, the Council President
requested that the Mower/Hebert plan amendment come back to the
City Council for action.
3 . EXHIBITS: Staff memo dated 9/7/99, City Council minutes of
2/2/99 ; LU&PB minutes of 11/30/99; and staff report to Land Use
& Planning Board dated 11/23/98
4 . RECOMMENDED BY: Land Use & Planning Board
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember L moves, Councilmember seconds
to modify the Land Use & Planning Board' s recom-
mendation of denial of #CPA-98-2 (I) and CPZ-98-9 concerning the
proposed 1998 comprehensive plan and zoning map amendments and
to direct the City Attorney to prepare the necessary ord' ance.
DISCUSSION:
ACTION:
Council Agenda
Item No. 7A
CITY OFF
RC-TX
Jim White, Mayor
Planning Department(253) 856-5454/Fax(253)856-6454
James P. Harris,Planning Director
CITY OF KENT
PLANNING DEPARTMENT
(206) 856-5454
STAFF REPORT
SEPTEMBER 7, 1999
MEMO TO: JIM WHITE, MAYOR, AND CITY COUNCIL MEMBERS
FROM: KEVIN O'NEILL, SENIOR PLANNER
SUBJECT: #CPA-98-2(I)/CPZ-98-9 MOWER/HEBERT COMPREHENSIVE PLAN
AND ZONING MAP AMENDMENT
INTRODUCTION
At the City Council meeting on August 17, 1999, at the request of City Council President Leona
Orr, the City Council voted to consider comprehensive plan and zoning map amendment #CPA-
98-2(I)/CPZ-98-9 at the September 7 Council meeting. This proposed amendment was
considered by the Land Use and Planning Board and City Council as part of the 1998 proposed
comprehensive plan amendments. On February 2, 1999, the City Council voted to table this
application. This memorandum will outline the background of what has occurred on this
application to date and outline some alternative actions for consideration by the City Council.
BACKGROUND
The property in question consists of three parcels, totaling 4.8 acres, located generally at the
southeast comer of South 2bO�� Street and 108"' Avenue SE. The applicants requested an
amendment to the comprehensive plan from Mixed Use to Medium. Density Multi-family
Residential, and an amendment to the zoning map from Office-Mixed Use to Medium Density
Multi-family Residential (MRM). The staff report that analyzed this application for the Land
Use and Planning Board hearing (dated November 23, 1998) is attached for your review. After
analyzing the proposed application, staff recommended denial. At the public hearing on
November 30, 1998, the Land Use and Planning Board also recommended denial of the
application by a 4-3 split vote (see attached minutes from the November 30 Land Use and
Planning Board hearing).
At the February 2, 1999 City Council meeting, the Council discussed all of the proposed
comprehensive plan and zoning amendments. One of the issues that was discussed was the issue
of zoning for condominiums, which was relevant to two of the proposed amendments, including
220 4th AVE-SO.. /KENT.WASHINGTON 0031-5895/TELEPHONE (253)856-5200
#CPA-98-2(I)/CPZ-98-9 MOWER'HEBERT
September 7, 1999
Page 2
this one. In the case of this application, the applicants were proposing to develop condominiums
on the site, and were willing to restrict the use of the site to this type of development. The
Council and the Mayor expressed their support for the idea of developing an ordinance to ensure
the development of condominiums, and the Council decided to table this application until such
time as such an ordinance could be developed (see attached minutes from the February 2 City
Council meeting).
After meetings and public hearings with the Public Works and Planning Committee and the Land
Use and Planning Board, the City Council voted on August 3, 1999 to adopt two new zoning
districts, the MR-T12 and MR-T16 zones. Both of these zoning districts allow townhouse
condominium units at 12 units per acre and 16 units per acre, respectively. On August 17, the
Council approved the ordinance creating these zoning districts, which is now in effect. At that
meeting, the Council also asked that this comprehensive plan and zoning amendment be brought
back for discussion.
ANALYSIS
As noted, the staff analysis of the application and the deliberations and recommendation of the
Land Use and Planning Board are attached for your review. At this point, the City Council has
several alternative courses of action with regard to this proposal, given the creation of the MRT
zoning districts. These are outlined as follows:
1. Adopt Land Use and Planning Board recommendation: As stated, the Land Use and
Planning Board voted to recommend that the proposed plan and zoning amendments not be
approved. If the Council concurs, the property will continue to be designated as Mixed Use
in the plan and be zoned Office-Mixed Use.
2. Approve the amendment as originally proposed by the applicant: The Council could approve
the amendment as initially requested by the applicant, which would amend the plan
designation for the site to Medium-Density Multi-Family Residential, and amend the zoning
to MRM, which allows multi-family development of up to 23 units per acre.
3. Approve a modified amendment utilizing the new iVR-T zoning district: The Council could
approve a modified plan and zoning amendment for the site using the newly approved MRT
zoning district. If the MR-Tl? or MR-T16 zone was adopted for the site, then a
comprehensive plan designation of Low Density Multi-family Residential would be
appropriate (the Low Density Multi-family designation allows densities of up to 16 units per
acre). If the Council chooses this alternative, it would be important for the Council to state
its findings for the record, since this decision would be a modification of the application that
was reviewed at the advertised public hearing on this proposal in front of the Land Use and
Planning Board.
Staff will be available at the September 7 City Council meeting to present this issue and answer
questions. If you have questions prior to the City Council meeting, please contact Fred
Satterstrom or me at 856-5454.
KOMpm P. MIS STAFF RPTS1cpa982cc.doc
cc: lames P. Harris,Planning Director
Fred Satterstrom, Planning Manager
Kent City Council Minutes February
COMPREHENSIVE currently constructing apartments this zone
PLAN has complied with all rules and a chance at this
time would be a burden for him. He said he would
like to amend the motion to leave the current
zoning in that one piece of prc_erty to protect
the rights of that individual and to ensure that
the apartments which are going to be built there
will be properly maintained in the future .
Lubovich explained that a non-conforming use can
be maintained but not expanded, and that a
different designation would have to be created
in order to expand the development . Orr sa-id
that changing the zone at this time would not
jeopardize the current project .
Woods said she appreciates the work of the Land
Use and Planning Board, and noted that low-income
senior housing has been built recently in the
downtown area. Yingling emphasized that the
current builder has followed every rule and that �l
he should be allowed to finish his project with J
the same rules . Brotherton suggested asking the
Planning Department to prepare a Comprehensive
Plan change to take through the hearing process
to handle this situation. Satterstrom clarified
that if anon-conforming use burns to the ground,
it can re-establish itself by applying for a
building permit within one year, that expansion
of a non-conforming use would require applying
for a conditional use permit, and that financing
is a concern.
The motion then carried with Amodt, Brotherton
and Yingling opposed.
(OTHER BUSINESS - ITEM 7C)
Comprehensive Plan and Zoning Amendments
CPA-98-2 (A-L) /CPA-98- (1-9) . According to City of
Kent procedures , amendments to the Comprehensive
Plan are processed collectively once every year.
Applications for 12 plan amendments were received
by September 1 , 1998 . Ten of these applications
were plan map amendments with rezone requests,
one application was for a policy amendment, and
8
Kent: Cite Council Minutes
COMPREHENSIVE as it is developed along with commercial ,:ses .
PLAN He added that cneir consultant feels is f:en
takes five to seven years for the marker- to
adjust to chances in land use policy and regula-
tions . Brothertcn voiced concern about limit:,--
residential development in the area of the railr
station.
CLARK MOVED to modify the Land Use and Planninc
Board' s recemmendaticn to the Commrehers_ve Plan
and Zoning Code with regard to multi-family_
residential development in the GC zone, as
modified by the recommendation of the
Works and Planning Committee, and to direct the
City Attorney to prepare the necessary ordinance .
Orr seconded.
Steve Dowell pointed out that because Council-
member Epperly was standing in for Councilmemher
Brotherton, the committee recommendation may have
come to Council with a 2-1 vote against change.
Orr stated that if the change is not made to-
night, apartments will be built, which the
citizens of the community do not want . She
clarified that housing targets are being met .
Clark expressed appreciation for the work of the
Land Use and Planning Board and noted that the GC
zoning area is small and is within a half mile of
the train station. He said the zone on East Hill
is a small area along Benson, and that there will
be an opportunity to transform some densely
populated areas into areas that are more
community oriented. He recommended going
forward.
Yingling stated that he is in favor of mixed use,
except in this case . He pointed out that the
members - of the Land Use and Planning Board
unanimously agreed to support this, and that the
other type of mixed use designation does not
eliminate apartments . He suggested reconsidering
what the Committee adopted and keeping the Land
Use and Planning Board' s decision to remain the
same. Brotherton noted that the builder
7
Kent City Council Minutes =eb a r 2
COMPREHENSIVE one request was an amendment of the Citv' s
PLAN Capital Facilities Element . The Land Use and
Planning Board held public hearings and made
recommendations on these proposals on
November 23 , November 30 , and December 1: , 1990 .
Matt Jackson of the Planning Department reviewed
each of the twelve items , pointed out the loca-
tions on a map, and noted the recommendations as
follows :
A - Brutsche - denial of request
B - Shulman - denial of request
C - Burridge - denial of request
D - Costanzo - approval of application
E - Mower/Tonelli - approval of application
F - Mower/Nguyen - denial of application
G - Gusa - approval of request
H - Houle - approval of application
I - Mower/Hebert - denial of application
J - Ruth - Add request to work program for 1999
for study as to whether the proposal has merit
K - Capital Facilities Element - approval as
recommended by the Finance Department
L - Planning Department - no recommendation
Regarding the Costanzo application, Jackson noted
that there is a natural slope and existing family
zoning on the east side; regarding the Houle
application, he said there had been no discussion
on the water level of the lake or boat usage ;
regarding the Ruth application, he read the
request as follows : A request to add the follow-
ing policy in one of the Comprehensive Plan
sections headed by Goal LU-9 and Goal LU-10 of
the Comprehensive Plan Land Use Element : Allow
and encourage single family townhouse style
attached condominiums in the single family
residential zones that permit residential
densities of six units per acre or higher.
Upon Orr' s question, Jackson agreed to determine
whether the minutes of the Land Use and Planning
Board ' s meeting of November 30 , 1998 , regarding
9
Rent City Council Minutes 7ebruar•; , 19-9 +
COMPREHENSIVE Item L are correct . Harris recommended that no
PLAN action be taken on Item L at this time . Clark
agreed.
The City Attorney pointed out that the Lard Use
and Planning Board held hearings on these
matters, and that although public input can be
given at tonight ' s meeting, another hearing
would be required if there is new information_
outside the record which causes a substantive
change to the recommendations .
Proposal A
CLARK MOVED to uphold the Land Use and Planning
Board and deny the Brutsche request . Woods
seconded. Jerry Cline, 823 Joshua Green
Building, Seattle, representing Mr. Brutsche,
said the amendment would allow for a neighborhood
convenience store on the corner, would reduce
traffic on Kent-Kangley Road and on 256th Street,
and is consistent with Comprehensive Plan Land
Use Policy 13 . 5 . Beverly Reidler, 13110 S .E.
258th Street, disagreed with Cline and said a
convenience store would not benefit their
neighborhood. She said there are stores within
a mile each way, and while it may reduce traffic
on Kent-Kangley, it would increase traffic on
256th and would present safety issues . The
motion to deny the request then carried.
Proposal B
CLARK MOVED to uphold the Land Use and Planning
Board and deny the Shulman request . Woods
seconded. Jack Lynch, 1001 NE Boat Street,
Seattle, representing the owner, noted that this
request was made last year and at that time staff
recommended a land use and zoning change but the
Planning Board was split and Council said this
type of request would be addressed through a
condominium ordinance. He said this year they
proposed townhouse condominium units only,
reduced the number of units, and proposed that
that development be clustered on the north side
of the property. He said it appeared at the time
10
Kent City Council Minutes P`braur;
COMPREHENSIVE that the Board was supportive of the concept _`u:
PLAN were concerned how to ensure that townhouse
condominium units would actually be built . He
explained that an agreement restricting the
property to townhouse condominiums only was sub-
mitted in January. He noted that there were
other restrictions in the agreement as well , and
urged the Council to approve the request , subject
to the covenant . Maa::in Durkan, Jr. , 330 SW
43rd, Renton, noted that paperwork for a site-
specific covenant rezone has been submitted and
asked that if action on that cannot be taken at
this time that the Council consider a townhouse
ordinance .
Orr spoke in favor of creating a condominium zone
in the near future . She offered to schedule a
special workshop on the issue, after which sta"
can follow up . Upon Epperly' s questions about
those who are currently interested in building
r condominiums, Lubovich said an analysis is
appropriate, that staff would like to have some
input from Council, and that action could be
taken on a contract rezone proposal tonight . He
explained for Yingling that there is an under-
lying desire not to have more apartments in the
area and that there are currently no regulations
dealing with condominiums other than through a
negotiated contract rezone . Harris voiced
opposition to contract zones and recommended not
using them. Upon Orr' s question, Lubovich
explained that once a condominium ordinance is in
place, applicants would go through the annual
process . CLARK WITHDREW his motion and Woos
withdrew her second. CLARK THEN MOVED that this
proposal be tabled until there has been a chance
to process it in an appropriate fashion as de- _
scribed by this discussion. Woods seconded and
the motion carried.
Proposal C
CLARK MOVED to uphold the Land Use and Planning
Board and deny the Burridge request . Woods
seconded. Rick Moose, 21325 204th Avenue SE,
11
Kent City Council Minutes
COMPREHENSIVE Maple Valley, speak:-_ on behalf of :he acp:i-
PLAN cant , said the reps : issued by the Planning
staff recommended a::=r::•a_ , noting that is is a^
ideal fit for increased densities . The motion
then carried.
Proposal D
CLARK MOVED :o den.; :ne Costanzo proposal as
opposed to the and ::se and Planning Board which
recommended accroval . T::e ;notion died for lack
of a second. CL;IRK _- MCVED to upheld the Land
Use and Planninc Scard and aonrove the Costan_o
proposal . Woods seconded. Clark explained that
Kent-Kanglev ras com;ne=cial development along _:
and this creates problems . The motion then
carried with Clark concsed.
Proposal E
CLARK MOVED to uphold the Land Use and Planning
Board and accept the Mower/Tonelli application.
Woods seconded. Dana Mower, DBM Consulting
Engineers, said this is an ideal property to make
this zoning change on, as the existing zoning on
the property negatively impacts the existing
zoning to the east . Rich Tonelli , 22440 88th
Avenue S . , said they have been unable to develop
the property due to the large investment require-
ments and development risks . He said that multi-
family zoning makes sense, and would reduce
traffic on East Hill . Gary Volchok, 16400
Southcenter Parkway, Tukwila, pointed out that
the access into the industrial zoning property is
the same road as the residential portion in the
back, resulting in trucks and families both using
the same road. He added that the size of the CM
zoning is difficult to develop. Orr noted that
staff did not recommend this change and that
there are good reasons for that . She said
industrial land is becoming more and more scarce
and this is not a good place for multi-family
housing. The motion then carried with Orr and
Yingling opposed.
12
Kent Citv Council Minutes =`h_ �a�
COMPREHENSIVE Proposal F
PLAN CLARK MOVED to uphold the Land Use and Planninc
Board and deny the Mower/Nguyen request . Wccds "
seconded. Dana Mower, DBM Consulting Engineers ,
pointed out that the site is divided with a spirt
zone, and that there are 3 -5 accidents per year
at the intersection. He asked that the orcoerzv
be converted from a single-family residential use
to a business , noting that it is only ha'__` an
acre in size and there is no other practical use .
The motion then carried with Amodt, Epperly anc
Yingling opposed.
Proposal G
CLARK MOVED to uphold the Land Use and Planning
Board on the Gusa request . Woods seconded and
the motion carried.
Proposal H
CLARK MOVED to uphold the Land Use and Planning
Board on the Houle application. Woods seconded.
T. J. Tuntland, 25725 135th Place SE, noted that
last year this was presented for SR6 and was
denied, and said it should not be changed to SR8 .
He voiced concern about public safety access , the
safety of the lake, and environmental impacts .
Dick Lamb, 25708 135th Place SE, said there is
only one access and that more homes would create
problems with traffic and with access to the
lake . James Tuntland, 25725 135th Place SE, said
he would like to know why the Land Use and
Planning Board is recommending SR8 now after
backing the residents on SR4 . 5 for years . Tim
Mullerberc, 25715 135th Place SE, said this is
too much housing for the area and there are many
concerns, as previously mentioned. Orr spoke in
opposition to the proposed density and voiced
concern about having only one entrance .
Brotherton also spoke against the motion, citing
congestion in -the area, traffic, and the water
level in the lake . Upon Woods ' question, Jackson
explained that in previous years the request had
been for multi--family zoning, and that adding the
density was a way to off-set the cost of
13
Kent Citv Council Minutes
COMPREHENSIVE improvements . He noted for Orr that all the
PLAN property zoned SR4 . 5 has a land use -cn
as SF6 . The motion t^e. failed with no one
favor.
Proposal I
CLARK MOVED to uphold the Land Use and Planni^c
Board and dery the Mower/Hebert recuest . Wcc-:s
seconded. Dana Mcwer, DBM Consulting En_i_^.ee_s ,
pointed out that this was a split vote at the
Land Use and Planning Board and presented two
alternatives : 1) use cf an overlay which states
that two-story for-sale condominium townhouses
are the only thing allowed in the zone, and 2) to
down zone the property to MRG zoning from 23
units to 16 units . Roger Newall , 1102 19th
Avenue E, Seattle, architect for Roger Hebert,
stated that the condominium townhouse would be
substantially less in density and height and
would have less lot coverage than what is
currently zoned. Hugh Leiner said mixed zoning
will work only in certain areas, and that this
site is very small . CLARK WITHDREW his motion
and MOVED to table . Woods seconded and the
motion carried.
Proposal J
Orr noted that a decision has been made to work
on condominium zoning and that by adopting a
condominium zone, the Ruth request is a non-
issue. She said she cannot support spending
staff time to work on a program that would allow
multi-family style development in single-family
zones, but that some of the issues can be
resolved if a condominium zone is established.
CLARK MOVED to table this issue indefinitely.
Woods seconded and the motion carried.
Proposal K
CLARK MOVED to uphold the Land Use and _ Planning
Board in amending the Capital Facilities Element
as outlined by the Finance Department . Woods
seconded and the motion carried.
14
Kent C1tv Ccur.c_l MJ.-utes br gar_
COMPREHENSIVE Proposal L
PLAN Clark suggested drt=c_::g the request to change
the Land Use Mac in .,rder to implement an action
contained in the :cNnzzwn Strategic Action Plan,
as it does not need t= be dealt with. Orr
pointed out that the issue will be dealt with a
some point , but that _:arification is needed at
this point . CLARK to table this issue
until the March meet.. Woods seconded and t:^e
motion carried.
CLARK MOVED to direct :--- City Attorney to pre-
pare the necessary ordinances to uphold these
decisions . Woods se ended and the motion.
carried.
WOODS MOVED to make the letters received a oars
of the public record. Orr seconded and the
motion carried.
_ (OTHER BUSINESS - ITEM 7D)
Shoreline Master Program CPA-98-4/SMP-989-1.
The Land Use and Planning Board held a public
hearing on December 14 , 1998 , to consider amend-
ments to the Kent Shoreline Master Program and
Comprehensive Plan goals and policies relating tc
shoreline management . The Board recommends
adoption of the revised Kent Shoreline Master
Program, dated December 14 , 1998 , with amend-
ments . This item was referred to the Public
Works/Planning Committee, who considered it on
February 1, 1999 .
Kevin O 'Neill of the Planning Department
explained that the Public Works and Planning
Committee recommends adoption of the draft
Shoreline Master Program dated December 14 , 1998 ,
as amended by the Land Use and Planning Board on
December 14 , 1998 , with revisions and additional
amendments recommended by the Committee on
February 1, 1999 . He outlined the recommendation
of the Public works and Planning Committee as .,
shown in his memo of February '1 , 1999 .
15
Kent City Council Minutes February 2 , 1399
COMPREHENSIVE The City Attcrney nczed that this is a
PLAN Comprehensive Plan Amendment , that there has
been a public hearing and that if comments -rcra
the public are entertained, they should be
directed to the record.
CLARK MOVED to adopt the Lard Use and Planning
Board ' s recommendations as amended by the ?ubl_c
Works and Planning Committee, with the excepzIc_.
of Item No . 2 regarding covered moorage . Escer_v
seconded and the mccion carried.
CLARK noted that the Public Works and Plan.._.
Committee chose not to uphold the Land Use and
Planning Board regarding Item No . 2 . HE MOVED to
approve the Land Use and Planning Board' s recom-
mendation as modified by the Public Works and
Planning Committee . Woods seconded. Clark
clarified that his motion would allow for covered
moorage, including canopies on submerged, free-
standing mechanical boat lifts associated with
single-family residential piers and recreational
watercraft, in the Urban-Lake Residential
environment, provided:
1 . No roof or canopy shall be more than 25 feet
in length or wider than 12 feet ;
2 . No portion of the roof or canopy shall exceed
a height of 9 feet above the ordinary high
water mark;
3 . The roof or canopy shall at no time have any
side partly or wholly enclosed;
4 . Canopies and roofs shall be of a solid color
and should be of a shade that is unobtrusive;
5 . Only one covered moorage per single-family
residence shall be allowed;
6 . Covered moorage supported by piles shall be
located as close to shore as possible and in
no case shall any portion of the covered
moorage extend further waterward than 60 feet
from the ordinary high water mark;
7 . Covered moorage shall be located on the side
of the pier or dock closest to the center of
the lot ' s shoreline .
,6
Land Use and Planning Board Minutes
November 30, 1998
Page 3
Mr. Mower stated that the data Sarah Bradley received from the Department of Transportation described a
corridor area of SR-561 from milepost 9.15 to 12.18 that runs from 128th Place SE to Southeast Wax Road.
Nguyen Huy, 12819 Kent Kangley Road,Kent,WA stated that as the applicant he would like to see the
property rezoned commercial as there is commercial development located to the east and west of his
property. He stated that he would like an entrance to the property directly off of Kent Kangley Road.
In response to Board member Sharon Woodford Mr. Nguyen stated that he would Iike what he would like
to see developed on his property if it were zoned commercial. He responded that he would like to develop
his property as a professional office development. as he was advised by Planning staff that his property was
best suited for commercial use.
CPA-98-2 (G)/CPZ-98-7 GUSH ANIENDMENT
Planner,Matthews Jackson stated that this is a request to change the land use designation from vIIHP, Mobile
Home Park to commercial and a zoning change from MHP, Mobile Home Park to Community Commercial
The property is located at 15386 South 272nd Street(also known as Kent Kangley Road)and consists of 3.2S
acres. Mr. Jackson stated that the property is located between two existing mobile home parks.
Mr. Jackson stated that the applicant asked for General Commercial in their application and erroneously
stated that the property south of the site was zoned General Commercial. Mr. Jackson stated that zoning
along Kent Kangley Road and elsewhere on East Hill is Community Commercial. He stated that the lot is
landlocked from the street with a lot situated in front of the site that fronts Kent Kangley Road. Mr.Jackson
said that there is an easement which provides access to this site.
Mr. Jackson stated that an MHP zoning is unique in that multifamily-zoned property must exist to create a
mobile home park Mr. Jackson stated that the City does not favor zoning vacant properties for MHP zoning,
as mobile home parks are a principally permitted use and make up an insignificant number of the total
housing within the city.
Mr. Jackson stated that the property is long and narrow with very little frontage and exists between two
existing residences. He stated that Planning staff reviewed the applicant's request to use the property for a
mini-storage facility and staff concurred. Staff is recommending approval to change the land use to
Commercial and the zoning to Community Commercial.
Mr. Jackson stated that mini-warehouses are allowed as a conditional use in the Community Commercial
zone which requires a public hearing. Planning staff could place conditions on the site to mitigate for
potential impacts to the neighborhood.
Harold Peterson,Peterson Consulting Engineers,320 Second Avenue South, Kirkland,WA stated that
he is speaking on behalf of Mr. Gusa. Mr. Peterson reiterated that the original application erroneously
requested a change from MHP to General Commercial instead of a change to Community Commercial. Mr.
Peterson stated that Mr. Gusa supports a Community Commercial designation and is aware that a conditional
use would be required for a mini-warehouse facility which he favors.
CPA-98-2 (I)/CPZ-98-9 MOWER/HEBERT AMENDiVIENT
Senior Planner Kevin O'Neill said that this is a request to change the land use designation from mixed use,
limited multifamily to medium density multifamily and a zoning change from Office Mixed Use to Medium
Density Multifamily Residential. The property consists of 4.8 acres and is L-shaped. Mr. O'Neill stated that
the properly consists of three parcels; one of which extends from Kent Kangley Road to Southeast 260"'Street
r
Land Use and Planning Board Minutes
November 30, 1998
Page 4
with the other two parcels located at the comer of 108'"Avenue Southeast and 260'. Mr. O'NeiIl stated that
there is 200 feet of frontage along Kent Kangiey Road.
Mr. O'Neill stated that the surrounding property consists of differing land use and zoning designations such
as commercial to the north,multifamily to the west with an MRM zoning, multifamily to the south with MRG
zoning while the property directly to the south is zoned Single Family18 units per acre. Mr.O'NeiIl stated that
the area to the east is predominantly single family residential, although it is zoned office. Mr. O'Neill
submitted photographs from the applicant(showing the surrounding land uses) for the record as Exhibit#r 1.
Mr. O'Neill stated that under the existing zoning, 75% of the overall floor area of any development placed
on this site could be residential. He stated that within an Office,Mixed-Use zone, multifamily residential use
is permitted within a Mixed-Use overlay with the condition that at least 25% of the overall floor area of the
development must be developed for commercial usage. Mr. O'Neill stated that this property is located in the
mixed use overlay area and Planning staff concurs with the applicant that this location is well suited for
residential use. Mr. O'Neill stated that multifamily residential zoning as well as commercial use and zoning
is located close to this site. Mr. O'Neill said that staff recommends denial of this proposal.
Mr. Dowell asked Mr. O"Neill what unit density could be constructed on the site under the current zoning.
Mr. O'Neill responded that under the mixed-use overlay zoning, there is more potential for multifamily build-
out than for commercial. Mr. O'Neill stated that the Floor Area Ratios (FAR) are higher for residential than
commercial development and that a residential build out of 15-25 units per acre would seem allowable under
the FAR in that zoning district.
Mr. O'Neill further stated that MR-M zoning allows for 23 units per acre and the vIR-G zone to the south
allows for 16 units per acre. Mr. O'Neill stated that similar type of densities for at least the residential
component of a mixed-use development on that site would be possible.
Mr. Dowell asked Mr. O'Neill if the developer would gain bonuses by placing residential development on
that site.Mr. O'Neill stated that the floor area ratios (FAR) for stand alone commercial and mired-use overlay
is .4. He said that on a 10,000 square foot site, this equates to a 4,000 square foot building. The FAR for
residential use in the mixed-use overlay is 1.0; a one to one relationship between the lot area and the floor
area. Mr. O'Neill stated that this is very large lot and it is not unreasonable to assume that this amount of
build out could happen on the lot; given the underlying parking requirements. Mr. O'Neill stated that the f
overall build out allowable could potentially reach 23 units per acre. I
Mr. Dowell stated that the topography of that site dips down as you move south and asked if there were
wetlands on this site. Mr. O'Neill stated that there is a slight drop off and indication that a wetland could be
located at the south end of the property. -
Dana Mower,DBM Consulting Engineers,502 16th Street NE,Suite 312,Auburn,WA stated that he was
the applicant and would speak on behalf of the property owner, Mr. Hebert. He said that he concurred with
staff on the need for higher density residential on the property. Mr. Mower stated that Mr. Hebert's concept
is for two-story townhouse condominiums to be occupied by homeowners. Mower said that a change in
zoning to multifamily has been requested to allow for a 16 unit per acre density for garden unit townhouses _
on this property. He stated that the property adjoins a 1.5-acre parcel, which would be developed together.
Mr. Mower stated that he feels Kent has accomplished their mixed-use goals on both a regional scale as well
as on a localized scale. Mr. Mower stated that he felt this property is too small to be used for a mixed-use
development, as there is only 125 feet of width along Kent Kangley Road. ` l
Land Use and Planning Board Minutes
November 30, 1998
Page 5
Mr. Mower stated that if the comer parcel of property was included as part of the development, the joined
properties would make more sense developed commercially.
Mr. Mower referred to the City of Kent's Mixed Use Development Code, Section 15.02.260 and Section F,
15.04.150. He spoke at length on his interpretation of development standards and cited three examples for
the usage of floor area ratios.
Terry Zimmerman asked Mr.Mower if there were wetlands on his property and if he felt it would be difficult
to develop the dense southeast comer of the lot at 260th Street. Mr. Mower stated that a critical area analysis
has not yet been completed.
Mr. Dowell asked Mr. Mower if he understood that there is no allowance in the code for conditioning the
property to be developed specifically as owner occupied buildings on this site. Mr. Mower responded that
to his knowledge his client has only developed two story garden townhouses and not multifamily.
William Robinson,25854 108th Avenue Southeast, Kent, WA said that he resides on the corner of 260th
and 108th across from the parcel proposed for rezoning. He spoke at length on the high ratio of accidents at
that intersection as well as the high volume of noise generated in this area. Mr. Robinson stated that traffic
backs up for hours in the evening. Mr. Robinson stated that he did not support zoning of the property for
single family residential development.
Hugh Leiper, 815 Reiten Road,Kent,WA stated that he has been a commercial real estate consultant for
over 40 years. He stated that the Growth Management Act was implemented by the State to accomplish
development of communities that are compatible.
Mr. Leiper stated that he worked with the U.S. Postal Service to develop a market analysis that utilized Kent
zip code boundaries as well as the Kent School District boundaries in providing a total number of resident !
deliveries within Kent's city limits. Total deliveries for residential, apartments and condominiums equaled
84,787 of which 9,517 deliveries were to condominiums and 22,209 deliveries were to apartments. I
Mr. Leiper stated that the developer, Roger Hebert intends to develop condominiums in a manner that will
function compatibly with the surrounding community. He stated that by developing a condominium on this
site, it would provide a convenient location whereby residents will be able to walk to their shopping instead
of driving as the site backs up to Albertson.
Mr. Leiper submitted the statistical postal report for the record as Exhibit 2.
CPA-98-2 (J) RUTH AMENDMENT
Planner, Linda Phillips said this application is a request by William Ruth to add a policy to the
Comprehensive Plan under Land Use Goal 9 or Land Use Goal 10. The policy would read as: "...allow and
encourage single family townhouse style attached condominiums in the single family residential zones that
permit residential densities of 6 units per acre or higher."
Ms. Phillips submitted a letter dated November 19 from Mr. Ruth for the record as Exhibit#3. Ms.Phillips
said that Mr. Ruth states that under Kent's present comprehensive plan,many proposed detached single family
developments are uneconomical. She stated that Mr. Ruth believes that land can be utilized in a more
affordable and efficient manner by incorporating attached units within developments with innovative land
use designs that would take advantage of unusual topographical features.
\\x.-1;5-Aa
Land Use and Planning Board Minutes
November 30, 1998
Page 10
Ron Harmon supports staff s recommendation to approve this request and would like this property to be used
for storage warehouse not a dumping ground for abandoned cars, trucks or heavy machinery.
Terry Zimmerman stated that she does not believe that General Commercial is appropriate for Easthill. She
supports Community Commercial with an agreement that the property be used specifically as a mini-storage
park.
David Malik voiced concern that the easement width from Kent Kangley to this site would not accommodate
navigation of a truck onto this site from Kent Kangley Road. Mr. Jackson stated that the typical width of an
easement is 20 to 30 feet. Mr. Malik supports denial of this proposal.
Steve Dowell stated that he supports staff s recommendation for Community Commercial.
Brad Bell supports staff s recommendation to approve this request.
Terry Zimmerman MOVED and David Malik SECONDED a motion to accept staff's recommendation for
approval of CPA-98-2 (G)/CPZ-98-7 Gusa Amendment. Motion carried.
CPA-98-2(I)/CPZ-98-9 MOWER/HEBERT Ai MNDMENT
Brad Bell defined this as a request to change the land use map designation from Mixed Use Limited
Multifamily to Medium Density Multifamily Residential and the zoning map designation from Office/Mixed
Use Professional and Office/Mixed Use to MR-M, Medium Density Multifamily Residential/23 units per
acre. The property is located at Kent Kangley Road and 108th Avenue Southeast.
David Malik supports Planning staff s recommendation to retain mired use. Ron Harmon concurred with
David Malik that the property should be retained as multifamily, mixed-use development. In response to Mr.
Harmon, Kevin O'Neill said that Mr. Mower was correct in saying that the mixed-use development definition
states that at least 25% of the total floor area must be commercial. Mr. O'Neill stated that Mr. Mower
referred to sections of the zoning code relating specifically to floor area ratio and site coverage.
Mr. O'Neill stated that the maximum floor area ratio for stand-alone commercial is.4 and the floor area ratio
for residential is 1.0. Mr. O'Neill stated that if the property is developed as stand alone commercial, site
coverage is 40% and if a mix of residential and commercial development occurs, you can get up to 60% site
coverage. Mr. O'Neill stated that this property could not be developed as stand alone residentiai.
In response to Mr. Dowell, Mr. O'Neill stated that a townhouse is defined as a multifamily dwelling
connected with sidewalls. He stated that this zoning district allows for multifamily dwellings constructed in
several different configurations. Mr. O'Neill said that townhouse developments currently exist in MR-G
zones with height and setback limitations.
Jon Johnson stated that this property has a history of rezone requests. He stated that land use has not changed
significantly nor has the need for additional multifamily housing increased substantially to warrant a policy
change by the City Council and ultimately the zoning that was adopted in 1997 by the City Council. Jon
Johnson stated that he recommends denial of this request.
Terry Zimmerman voiced her support of the applicant's request to change the zoning to medium density
multifamily. She stated that this property has a narrow frontage along Kent Kangley Road and she can not
i see a commercial development built on this site as ingress and egress would be difficult.
Land Use and Planning Board Minutes
November 30, 1998
Page 11
Sharon Woodford concurs with Ms. Zimmerman in supporting the applicant's request to change the zoning
to medium density multifamily.
Brad Bell stated that a commercial development would not be conducive for this property and that there is
no market for the existing zoning. He voiced support for the applicant's request to change the zoning to
medium density multifamily.
Ron Harmon stated that staff has reassured the developer that height limitations is not a problem and that he
should be able to build the number of units that he desires as well as enjoy a commercial at a ground floor
level .He stated that he supports denial of this request.
In response to David Malik, Gary Gill addressed how development of multifamily versus mixed use would
affect the traffic flow in the area. He stated that multifamily development would generate less peak hour trips
than a combination of multifamily and commercial and that a commercial development on Kent Kangley
would compound the traffic problems. Mr. Gill stated that if circulation moved through 260th, this could
relieve traffic congestion depending on how the project was sited on the property.
Steve Dowell stated that he recommends denial of this request and supports retaining the current zoning.
Jon Johnson MOVED and Ron.Harmon SECONDED a motion to support staff s recommendation to deny
CPA-98-2(n/CPZ-98-9 Mower/Hebert Amendment.Motion carried four to three.
CPA-98-2 (J)/RUTH AMENDMENT
Brad Bell defined this as a request to amend the land use element Goal LU9 and Goal LU10. Brad Bell said
that he agrees with Mr.Ruth that property exists that is not developable under single family home standards
and that affordable housing is a problem. Mr. Bell concurred with Mr. Ruth that Planned Unit Development
ordinances exist and that the City of Kent has not met the growth management goals they have set.
Brad Bell said that the Snyder attached units are as nice as any single-family home development that he has
seen. Mr. Bell said the properties Mr. Ruth pointed out have not devalued the neighboring properties. He
stated that multifamily housing provides for open space that is attractive to neighbors. He stated that he
would not oppose this type of development in his neighborhood.
Brad Bell stated that he agrees with Planning staff that a study evaluation should be completed immediately
to determine how multifamily housing could be developed within single family residential areas and that a
townhouse ordinance needs to be implemented in support of these types of development in the community.
Jon Johnson said that he supports Planning staff s recommendation to study this issue. He stated that only
certain properties would be suitable for multifamily housing within single family developments. He stated
that well planned developments blend well with surrounding single family homes and increase property
values.
Steve Dowell asked Mr. Harris how a zoning ordinance could be implemented that would protect single
family zones with the inclusion of attached dwellings. Mr. Harris stated that this issue would be included in
the study and recommendations would be brought back to the Board at a Iater date. Mr. Dowell supports
staff s recommendation for further study
Terry Zimmerman said she supports Planning staffs recommendation to review allowing townhouses in
residential areas. She suggested that neighborhood traffic patterns should be looked at. Ms. Zimmerman said
that she lives in a townhouse development situated between a large apartment complex to-the east and a
CITY Of L4�Ltlj �
Jim White, Mayor
Planning Department (253)859-3390/FAX(253) 850-2544
James P.Harris,Planning Director
CITY OF KENT
PLANNING DEPARTMENT
(253) 859-3390
MEMORANDUM
NOVEMBER 23, 1998
MEMO TO: BRAD BELL, CHAIR, AND MEMBERS OF THE LAND USE AND PLANNING BOARD
FROM: MATTHEWS JACKSON, PLANNER/GIS COORDINATOR
SUBJECT: #CPA-98-2 (A-L)/#CPZ-98- (1-9) - 1998 COMPREHENSIVE PLAN AND ZONING
AMENDMENTS
INTRODUCTION
In April, 1995,the Kent City Council adopted the Kent Comprehensive Plan, which was prepared and adopted under the
provisions of the Washington State Growth Management Act (GMA). The GMA requires that comprehensive plans
combine land use, transportation, capital facilities, and other elements in a way, which is both internally consistent and
consistent with plans from other jurisdictions in the region. The GMA also requires that a city's development regulations
implement and be consistent with the plan.
The GMA establishes procedures for the amendment of plans, and stipulates that plans can only be amended once a year
unless an emergency is declared which requires immediate action. Pursuant to the provisions in the GMA, the City
Council adopted an ordinance (Ordinance #3237) outlining procedures for the amendment of the City's plan. These
procedures are now outlined in Chapter 12.02 of the Kent City Code. The City's procedures ordinance established
September 1 of each calendar year as the deadline for applications to be submitted to the Planning Department for
proposed amendments to the plan.
1998 AMENDMENTS
As of September 1, 1998, the Planning Department received twelve applications for amendments to the comprehensive
plan. Ten of these applications were initiated by private property owners,and two applications were initiated by the City
of Kent. The proposed amendments are surrrnarzed below:
1. A change to the Land Use Plan Map from Single Family Residential 6 units per acre to Commercial for
the property located at the southwest corner of SE 256' Street and 132"°Avenue SE. (Brutsche)
2. A change to the Land Use Plan Map from Commercial to Low Density Multifamily Residential for the
property located on the south side of Kent-Des Moines Road, approximately 700 feet west of Pacific
Highway South. (Shulman)
3. A change to the Land Use Plan Map from Single Family Residential 3 units per acre to Single Family
Residential 6 units per acre for the property located at 13602 SE 282nd Street. (Burridge).
4. A change to the Land Use Plan Map from Single Family Residential 6 units per acre to Commercial for
the property located at 11715 and 11733 Kent-Kangiey Road. (Costanzo)
�. A chance to the Land Use Plan Map from Industrial' to Low Density Multifamily Residentiai for the
property located at 88" Avenue South and South 218"' Street. (Mower/Tonelli)
_'n�ih; �'litil'LSOI:TFI r isIXT. U.�till1�l�'fU� �ut_-SSgG;'rli.lil'll( VI[ r'Ss�r.)tnu
_Subject: #CPA-98-2 (A-L) Comprehensive Plan Amendments
lovember 23, 1998
Page 2
6. A change to the Land Use Plan Map from Low Density Multifamily Residential to Commercial for the
property located at 12809 Kent-Kangley Road. (Mower/Nguyen)
_7. A change to the Land Use Plan Map from Mobile Home Park to Commercial for the property located
at 15386 SE 272°d Street. (Gusa)
8. A change to the Land Use Plan Map from Single Family Residential 6 units per acre to Single Family
Residential 8 units per acre for the property located at 25840 135'Lane SE. (Houle)
9. A change to the Land Use Map from Restricted Mixed Use to Medium Density Multifamily Residential
for the property located at 108'Avenue SE and Kent-Kangley Road. (Mower/Hebert)
10. Amendment to Goals LU-9 and LU-10 of the Land Use Element. (Ruth) _
11. Amendments to the Capital Facilities Element. (Kent Finance Department)
12. Implementation of a portion of the Downtown Strategic Action Plan. (City of Kent)
--It should be noted that any proposed changes to the Land Use Plan Map will be reviewed concurrently with corresponding
zendments to the zoning map.
This memorandum will present information about each proposed amendment. Maps have been prepared, and are
attached, for each area, which will be affected by the proposed changes to the Land Use Plan Map and zoning map
(Attachment A). Each proposed amendment will be analyzed and staff s recommendation will be noted.
STANDARDS OF REVIEW
Section 12.02.050 of the Kent City Code outlines the standards of review, which must be used by staff and the City
Council in analyzing any proposed comprehensive plan amendments. Proposed amendments are to be examined based
on the following criteria:
1. The amendment will not result in development that will adversely affect the public health, safety, and general
welfare;
2. The amendment is based upon new information that was not available at the time of adoption of the
comprehensive plan, or that circumstances have changed since the adoption of the plan that warrant an
amendment to the plan; and
3. The amendment is consistent with other goals and policies of the comprehensive plan, and that the amendment
will maintain concurrency between the land use, transportation, and capital facilities elements of the plan.
The proposed plan amendments have been analyzed based on these criteria.
Subject: #CPA-98-2 (A-L) Comprehensive Plan Amendments
November 23, 1998
Page 13
As stated by the applicants in their application, developing the site under current zoning regulations would result in large
lots with very expensive homes. The construction costs and costs to provide infrastructure would be spread out to only
a few lots. This adds cost to the homes when sold. Allowing a smaller lot development would provide more
homeownership opportunities while protecting single family neighborhoods and providing access to recreation areas(the
lakeshore), Staff recommends approval of the applicant's request for a land use designation of SF-8 and a zoning of SR-
8.
Proposal I- A chance in Land Use Plan Map and zoning map for the property located at 108t°Avenue SE and
Kent-Kangley Road.
Applicant: Dana Mower—DBM Consulting Engineers
Existing Plan Designation: MU-R, Mixed Use Proposed Plan Designation:
Limited Multifamily Medium Density Multifamily
Existing Zoning: O-MU Proposed Zoning:
Professional and Office MRM, Medium Density Multifamily
and Mixed Use 23 units per acre
Background
The subject property consists of three tax parcels, which are approximately 4.8 acres in area. The site is an L-shaped
piece of property, with a long, narrow parcel, which stretches from Kent-Kangley Road to SE 264 Street, and two
smaller parcels located at the northwest corner of SE 264' Street and 108t° Avenue SE. The property is currently
developed with two single-family residential dwellings.
The property is surrounded by a variety of plan and zoning designations and types of development. The parcel to the
east and north of the subject property, located at the southwest corner of 108' Avenue SE and Kent Kanglev Road,
is zoned Office and is the site of a bank. The parcels located to the east and southeast of the subject property are zoned
Office-Mixed Use, and are currently developed as single-family residential uses. The properties to the west of the
subject property are zoned MRM and are developed with multi-family residential uses and a vacant parcel. The parcels
to the south are zoned SR-8 and MRG, and are developed with a single-family residential use and a multifamily
residential use, respectively. The properties to the north on the north side of Kent Kangley Road are developed as
commercial. The comprehensive plan designates the parcels to the north and east as Mixed Use—Limited Multi-
Family, the parcels to the west as Medium Density Multifamily, and the parcels to the south as SF-8 and Low Density
Multifamily.
Analvsis
As mentioned, the area adjacent to the subject property is surrounded by both commercial and residential uses. The
applicant states that the property is not appropriate for commercial development, given its unusual configuration and
its relatively small amount of frontage along Kent Kangley Road (approximately 200 feet). The applicant also
maintains that the general area in question already contains an effective mix of commercial and residential uses, and
that therefore it is not necessary to require a mixture of uses on the site itself. The applicant argues that the site is too'
small to contain an effective mix of commercial and residential uses, and that the type of development, which the City
irequires, is residential. The applicant cites several goals and policies in the comprehensive plan to support the
Subject: #CPA-98-2 (A-L) Comprehensive Plan Amendments
dovember 23, 1998
_'age 14.
proposed amendment, including LU-8.3, CD-1.1, H-1.1, and Goal H-2. These goals and policies all speak to
supporting the location of housing in areas with adequate urban infrastructure and services, placing housing in close
proximity to other uses, and the provision of adequate and diverse housing opportunities for Kent citizens.
When the comprehensive plan was adopted in 1995, the plan contained goals and policies supporting mixed use
development, and also designated areas both on the valley floor and east hill for mixed use development to occur.The_
plan states that in the mixed use areas in the valley, stand-alone multifamily residential uses be permitted,while on East
Hill,residential uses be allowed only in conjunction with a mixed use development. Zoning amendments adopted by
the City Council in 1997 therefore distinguished between the mixed use areas in the valley, which are zoned
predominantly GC, with the mixed use areas on east hill, which are predominantly zoned CC or O. In the GC zone,
multi-family residential uses are allowed as a principally permitted use in the mixed use overlay; in the CC and O zones,
multi-family residential is only allowed in conjunction with a mixed use development. The adopted code amendments
specified that in the CC and O zones that at least 25 percent of the gross floor area of a mixed use development with
residential uses must be commercial.
The applicants are claiming that the subject property is not appropriate for mixed use/commercial development, and
would be more appropriately used as residential only. However, as earlier discussed, there is already a mixture of
commercial and residential uses in proximity of the site. The site does have frontage along Kent Kangley road,and there
are commercial uses adjacent to the site to the north and east. Therefore, it appears that the site would be a good
candidate for mixed use development, which is why it was included in the mixed use overlay. Furthermore, the
mprehensive plan and zoning code are very clear about residential development in the mixed use areas on east hill
being combined with commercial uses. To change the site to stand-alone multifamily zoning would appear to be
inconsistent with the intent of the City Council.
Staff agrees with the applicant that this site is an appropriate place for residential development, but it should be noted
that under the current comprehensive plan and zoning designation 75 percent of the gross floor area of any development'
could be used for housing. Therefore, under the current designation,the site meets the criteria for providing opportunities
for housing in close proximity to other services, as provided for in the policies in the comprehensive plan.
Recommendation
This proposed amendment does not appear to be consistent with the existing policy decisions made by the City Council
with regard to the mixed-use overlay on East Hill. The 1995 comprehensive plan indicated that new residential I
development in commercial areas should be combined with commercial development, and this was confirmed by the
Council in adopting the mixed use overlay zoning amendments in 1997. Therefore, staff recommends that the proposed
amendment be denied.
Proposal J— A request to add the following policy in one of the Comprehensive Plan sections headed by Goal
LU-9 and Goal LU-10 of the Comprehensive Plan Land Use Element: Allow and encourage single
family townhouse-style attached condominiums in the single family residential zones that permit
residential densities of six units per acre or higher.
.)licant: William E. Ruth (Ruth)
Existing Plan Designation: Request policy to be added to Goal LU-9 and/or
Goal LU-10 sections of the Comprehensive Plan.
City of Kent - Planning Department
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APPLICATION NAIM E: Mower/Hebert
1U MER: #CPA-98-2 (n DATE: November 23, 1998
:EQUEST: Comprehensive Plan Amendment _ A .
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APPLICATION NAIME: Mower/Hebert
NUMBER: #CPZ-98-9 DATE: November 23, 1998
Rom- , UEST: Comprehensive Plan Zoning A
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J
Kent City Council Meeting
Date September 7 , 1999
Category Bids
1 . SUBJECT: S . 272ND/277TH ST. CORRIDOR, FISH HABITAT
ENHANCEMENT
2 . SUMMARY STATEMENT: Bid opening for this project was held on
September 1st . Due to time constraints, the bid information is
not included in the Council packets . The Public Works Director
will make a recommendation as to award.
3 . EXHIBITS: None
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
that the S . 272nd/277th Street Corridor, Fish Habitat
Enhancement contract be awarded to in the
amount of
DISCUSSION:
ACTION:
Council Agenda
Item No. 8A
REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
B . OPERATIONS COMMITTEE
C. PUBLIC SAFETY COMMITTEE
D. PUBLIC WORKS/PLANNING COMMITTEE
r-_
E. PARKS COMMITTEE
F. ADMINISTRATIVE REPORTS
OPERATIONS COMMITTEE MINUTES
August 3, 1999
COMMITTEE MEMBERS PRESENT: Chair Judy Woods, Sandy Amodt, Tim Clark
STAFF PRESENT: Brent McFall, May Miller, Dena Laurent, Roger Lubovich, Tom Brubaker,
Marty Mulholland, Jackie Bicknell
PUBLIC PRESENT: John Santana
The meeting was called to order by Chair Judy Woods at 3:32PM. One item was added to the
agenda: Candidate Taping.
Approval of Minutes of July 20, 1999
Committee Member Tim Clark moved to approve the minutes of July 20, 1999. The motion was
seconded by Committee Member Sandy Amodt and carried 3-0.
Approval of Combined Check-Detail Vouchers Dated 7/30/99
Finance Director May Miller presented the vouchers dated July 30, 1999. Tim Clark moved to
approve the vouchers. The motion was seconded by Sandy Amodt and carried 3-0.
Intergovernmental Affairs Consulting Contract
Government Affairs Manager Dena Laurent said that Kent's growing in size and population means
facing more complex as well as a greater number of intergovernmental issues at every level of
government. Through participation with Suburban Cities and the Association of Washington Cities
and what staff could do, Council has received information monitoring, reporting, and a participation
role position advocacy which is primarily defensive. What the City hasn't had is a resource to
advocate on issues on the City's behalf to go after dollars and grant funding and be players at the
table with information to advocate Kent's position on a more active and proactive basis.
The proposal is to contract for intergovernmental consulting services with Doug Levy. Mr. Levy has
been the Government Affairs Director for the City of Everett and has a wide range of experience
from public relations and journalism to federal, state, local and regional issues. He is very well
versed and has been very successful. He will be going on contract with the City of Everett and
representing other city clients on various issues. The City of Kent has worked with Doug over the
last couple of years on the Warehouse and Distribution Tax Exemption and the Manufacturing Tax
Exemption issues. As an additional resource, Mr. Levy could cover state, regional, and federal
issues, and Kent's Government Affairs Office could devote more significant time to regional issues.
Overall, that would bring more regular, more comprehensive, and more proactive information for
consideration and action. The contract is for 15 months and will start October 1, 1999 rather than
waiting for January as the opportunity to visit with legislators in Olympia in a constructive manner is
in the fall. The three months expense should be covered in the current budget and the balance will be
proposed as a new program for the year 2000 budget.
Doug Levy said that in the fall a lot of important prep work is done for a given session of the
legislature when it brings committees together and hears interim reports. Some of that interim work
lays the foundation for what is done in the regular sessions. Just as important is spending time and
Operations Committee Minutes, 8/3/99 2
having in-depth conversations with some of the legislators and agency people in the months leading
up to the legislative session. That can lay the foundation and give a leg up on what's going to happen
and maybe plant the seeds of some ideas.
In responding to Tim Clark's question of whether there were any forewarnings of what's going to
take place in Olympia, Mr. Levy said that 150-175 projects have been delayed or put completely on
hold as a result of the federal consultation requirements under the Endangered Species Act.
Sandy Amodt asked that after 15 months a review of the benefits Mr. Levy has accomplished would
be presented to the Council. Ms. Amodt also requested an opportunity for Council Members to meet
together in Olympia with Mr. Lew and Ms. Laurent in order to become better acquainted with the
legislators.
Sandy Amodt moved that the Operations Committee recommend to the Council approval of
the Intergovernmental Affairs Consulting Contract for the period October 1, 1999-December
31, 2000 with Doug Lew for the amount not to exceed $50,000. The motion was seconded by
Tim Clark and carried 3-0.
Public Access Studio—Extension Request
Deputy City Attorney Tom Brubaker said that TCI had requested an extension of the franchise
agreement with the City of Kent to provide and operate a Public Access Studio within eight miles of
City Hall. The original franchise ordinance stipulated that the studio had to be completed by July 1,
1999. An extension was given from July ls`to September 15` in order for City staff to begin
investigating the possibility of forming a partnership with other agencies to operate the facility. The
intention of the partnership would be to broaden the scope of the facility into more of a Community
Access Facility with a Public Access component. Highline Community College has expressed an
interest in partnering on this facility and staff feels there is strong potential for partnership
opportunities there. A further extension is requested to November 1, 1999 in order to finalize the
package and possibilities.
Tim Clark moved that the Operations Committee recommend to the Council to extend TCI's
obligation to provide a public franchise studio facility as required under Section 5 of TCI's
current franchise agreement with the City (Ordinance 3108), including all amendments, to
November 1, 1999. The motion was seconded by Sandy Amodt and carried 3-0.
June Financial Report
May Miller asked to defer the June Financial Report to the next meeting as staff has been busy
working parallel on the budget at the same time and efforts have been going more towards the
budget.
Candidate Taping
Judy Woods said that Dea Drake, Multimedia Manager, had approached her to ask whether some of
the candidate tapings could be pushed out into the future rather than doing them now. Those
candidates going into the primary would be taped now, which are those running for Position 3.
Positions 1, 5, and 7, which do not have a primary, would be taped later. Operations Director Brent
McFall said that could be done and it would also be beneficial to staff in terms of scheduling. When
Council adopted the Video Voters Guide, it had to be assumed that every position would potentially
be subjected to a primary campaign. So the resolution was written in such a way that it says that
within two weeks of the filing deadline taping would be scheduled for all candidates. A common
Operations Committee Minutes, 8/3/99 3
sense approach is to make sure those candidates who have a primary election get taped so that portion
of the Video Voters Guide can be shown before the Primary Election in compliance with the
Council's resolution. In the meantime, filming can be done of the other candidates for the positions
that do not have primaries.
Mr. McFall said the City wants to make sure it is scrupulously fair to all candidates, and the tapings
will be kept close in time frame so as issues evolve and change, there will be no advantage of one
candidate over another. Each candidate will be able to do three takes and each would be set up
exactly the same way, with one camera angle and the same time lengths and camera distance for all.
Mr. McFall said the changes are within the spirit of the resolution and would not require an
amendment. Judy Woods asked that Dea Drake and her staff provide the other candidates another
window for taping.
The meeting was adj ourned at 4:1 OPM.
Jackie Bicknell
City Council Secretary
PARKS COMMITTEE MINUTES
June 15, 1999
COMMITTEE MEMBERS PRESENT: Chair Judy Woods, Connie Epperly, Leona Orr (for Rico
Yingling)
STAFF PRESENT: Lori Flemm, John Hodgson, Lori Hogan, Charlie Lindsey, Ronda Simons, Perry
Brooks, Roger Lubovich, Tom Brotherton, Jackie Bicknell
PUBLIC PRESENT: Andre Pack, Jean Bouffard, Joe Miles
The meeting was called to order by Chair Judy Woods at 4:03PM. One additional Grant was added
to the list in Item 1 by Parks Director John Hodgson: A $3,000 Grant from the Kent Community
Foundation for Canterbury Faire.
Approval of Minutes of March 16, 1999
Committee Member Connie Epperly moved to approve the minutes of May 18, 1999. The motion
was seconded by Substitute Committee Member Leona Orr and carried 3-0.
Grants: Youth Employment: Cultural Programs, Special Populations:
John Hodgson said the Grants include $13,000 from King County for youth employment programs;
$6,625 from the King County Arts Commission for Kent Arts Commission activities including the
summer concert series, spotlight series, and Kent Kids Arts Day; $7,110 from Boeing Employees for
special populations program for recreation uniforms and equipment; and the $3,000 Grant from the
Kent Community Foundation for Canterbury Faire. The total adjustment would be $29, 735.
1
Connie Epperly move to accept and appropriate $29,735 in grants from King County, Boeing
and the King County Arts Commission for recreation, cultural and youth employment
activities in Kent, and the Kent Community Foundation for Canterbury Faire. The motion was
seconded by Leona Orr and carried 3-0.
Committee Member Rico Yingling arrived and took his place at the Committee table.
Bereiter House Grant
Lori Flemm, Parks Planning and Development Superintendent, told the Committee that a$25,000
grant from the King County Landmarks and Heritage Commission had been awarded to the City for
exterior painting and restoration of the Bereiter House. Rico Yingling moved to accept the $25,000
grant and amend the budget for renovation of the Bereiter House, and authorize the Mayor to
sign the contract amendment. The motion was seconded by Connie Epperly and carried 3-0.
Street and Park Tree Species List
Lori Flemm said that the current Official Tree Planting List was adopted in March of 1971. There are
some trees on that list that have proved to be undesirable trees. New varieties have been developed
that do better in urban conditions. The list indicates under what conditions the different trees should
be planted. A second list consists of trees that can be planted in parks where different planting
conditions exist from that of street conditions. The new lists include 100 trees that have proven
adequate in the Northwest. Ms. Flemm handed out a notebook picturing the different trees on the list.
Parks Committee,6/15/99 2
Connie Epperly moved to adopt the official street and part tree list as attached and authorize
the Director of the Parks and Recreation Department to add or remove trees from the
approved list. Rico Yingling seconded the motion which carried 3-0.
Covington/Kent Urban Separators
Jean Bouffard and Joe Miles from the City of Covington shared with the Committee on the subject of
Covington/Kent Urban Separators. Ms. Bouffard said they were here to ask Kent to participate in
recognizing the Soos Creek Park as an Urban Separator both for the purposes of providing open
space and providing urban wildlife habitat. Joe Miles passed out a packet showing the area of
concern. An urban separator is defined in the countywide planning policies as a low density area of
open space that provides a designated separation from continuous development. It also is to provide
benefits to parks and trails and specifically meets the open space_requirement of the Growth
Management Act.
Mr. Miles showed a map of the proposed area in the Soos Creek Corridor which runs through the
cities of Covington and Kent. Significant portions of the land were acquired in the 1970s through the
Forward Thrust Fund, and there are over 500 acres in public ownership. A large portion is on the
shared boundary of Kent and Covington. Also, a regional trail runs through the area from 208"' and
Lake Meridian and there are plans to extend that trail. The area also provides a gateway to both
cities. The 1994 King County Comprehensive Plan designated the area as an Urban Separator,
therefore it already has a lower density and most of the area has been transferred over to both cities so
there won't be significant land use changes.
Jean Bouffard said that Covington's Parks Commission had sent a resolution to the City Council and
the Planning Commission specifically asking for the area to be designated as an Urban Separator.
Two aspects is that the area would have priority for acquisition funds, and a transfer of residential
development rights to come out of the designated area and be used in what will become Covington's
Commercial Multi-Use Area.
John Hodgson said Kent had not yet started on its Parks Comprehensive Plan, but that will start this
fall and be finished by June, 2000. Urban Separators would be identified in the Plan and Parks would
work with the City of Covington and King County in trying to find partnership grants. In situations
where places haven't been developed, or someone's looking at it for redevelopment, incentives would
be given to developers to give that land for open space in exchange for more density someplace else.
By partnering with Covington and King County, all entities would be paying a portion of a share in
the program.
Jean Bouffard said the first step is to have the area formally designated in the Comp Plan and the
Parks Plan, and some of the partnership development will come through joint grant application. As
survey of the citizens was done and trails was the number one priority from the respondents. Connie
Epperly asked if there was a list of property owners. Joe Miles said there was a list of people within
500 feet of the Creek.
Facilitv Assessment Update
John Hodgson introduced Andre Pack of Andre Pack and Associates, consultants hired to conduct a
complete facility assessment of every City of Kent building. Mr. Pack said a five-part project begun
in September, 1998 was completed in April. The five pieces consisted.of a facility condition survey,
the focus of which was to identify and document both existing and emergent problems in all facilities,
provide a basis for cost estimating, and provide a basis for multi year programming for fixing the
Parks Committee,6/15/99 3
problems. An equipment inventory was conducted of all the HVAC equipment and a comprehensive
list of preventive maintenance (PM) requirements was developed on how that equipment should be
maintained. Maintenance standards were developed for the City to use as a baseline for going
forward with its maintenance procedures. A multi-year maintenance plan provides some basic
detailed programming recommendations as to how the money should be spent in the future.
The survey focused on 31 facilities where deficiencies were looked at and an estimation made of all
deferred maintenance and repair costs. The City will have to provide additional costs for
contingencies, A/E costs, general contractor overhead, city administrator costs, and sales taxes.
The equipment inventory included 25 facilities and identified 852 pieces of equipment. Forty-four
separate PM requirements were developed to guide City staff in actually doing the scheduled
maintenance on that equipment. The number of man-hours to do that work was identified as
somewhere in the neighborhood of 3000 hours of annual effort. Things like increasing the life
expectancy of systems, lowering the actual square foot operating costs of buildings, and preserving
warranties were looked at.
Maintenance standards were developed to focus on providing functional benchmarks, a baseline
against which to measure the operability and the maintenance of a facility. They are also useful in
assisting staff to determine what their resource requirements are going to be to keep the buildings
properly maintained. These were identified for 8 building systems and 96 components that are fairly
consistent throughout most of the City's buildings. Maintenance standards also provide common
causes of failure of components and are used as guidelines for replacement versus repair.
The multi-year maintenance plan is a guidance document for maintenance resource
identification/allocation, and integrates existing projects in the City with the Condition Survey Repair
Requirements. Those two things were wrapped together into a comprehensive document. The time
frame for the plan is the years 2000-2005. Most of the costs were allocated to six major categories of
maintenance funding and divided into two funds: Operating Funds, which are scheduled
maintenance, and CIP Funds which are capital repairs, minor repairs, recurring maintenance, and
renovation or improvements.
In maintenance policy issues, the newer facilities were rated on a scale of A to D and came out at a B.
The older facilities were classified at a C because of current age and mix. The requirements for
capital repairs increases with time as the buildings age. Kent right now is at a crossroads relative to
the safeguarding of capital asset investments in making decisions on the importance of facility
maintenance and planning/programming priorities for maintenance. Building ratings are dependent
on actual condition but also on behavioral conditions of what is done and what is not done. To go
from a B to an A rating would demand commitments that require a higher priority be placed on the
funding of maintenance. Preventive maintenance or scheduled maintenance for recurring things,
primarily to HVAC equipment, is important because if that is neglected, the total cost of operation
and maintenance for facilities and equipment would go up over time. Buildings that received Cs and
C minuses could be in trouble. Design standards or selections of types of equipment in some of the
older buildings may not be adequate for the type of the building, such as using residential equipment
in commercial buildings.
Specific maintenance management issues include budgeting protocols that categorize specific types
of maintenance activities and brings that process into a formal ongoing situation. Also to consider
are the issues of capital repair planning and programming versus routine maintenance, and the
strategy of implementing the PM program. The City is getting ready to look at a computerized
Parks Committee, 6/15/99 4
-- maintenance system which would be a good tool for maintenance organization to provide handy data
to justify requested funds and to recognize operating costs in the budget.
Staffing, control/QA/monitoring, and flexibility considerations must be taken into account when
considering in-house maintenance versus outsourcing. It will work if the organization doing the
outsourcing makes the commitment to provide effective contract management and effective QA
surveillance. However, sometimes the costs of that can be significant enough so that the cost savings
as the difference between the dollars and cents charged by a contractor and that paid in-house does
not become significant anymore.
Frisbee Golf Update
Lori Flemm said that in August, 1998, a group of Frisbee golfers came to the City Parks Department
and asked if there was a park site in the City of Kent where a Frisbee golf course could be built. The
next few months were spent looking for sites and working with the Parks Department to identify
issues and concerns about having this activity in a City park. The Lake Fenwick Park site was
identified as the one that would be desirable. Staff met with various City departments, Public Works,
Environmental Engineering, and Planning to discuss the proposal and the site selected. The golfers
staked out a course on the site and the Parks Department went out and looked at the area.
In January, 1999, a proposal was brought to the Parks Committee for a Frisbee Golf Course at Lake
Fenwick Park. About a month later, a neighbor came expressing concern with the proposal so in
April, a public meeting was held on the site to get input from the neighbors and the golfers about the
proposal. In May, at the last Parks Committee meeting, the results of the public meeting was shared
with the Committee. At that meeting, a citizen presented a petition that had been signed by people
saying they did not want the course and several issues of concern were identified.
Perry Brooks, Park Planner, discussed the issue brought forth at the previous Parks Committee
meeting. One issue was that of liability if a Frisbee golfer hit somebody else and caused injury. Mr.
Brooks stated that the liability would be the responsibility of the Frisbee golfer just as it is in other
parks when someone throws a Frisbee and hits someone else. Availability of the facilities was
another concern. Mr. Brooks said there is adequate parking and facilities across the street include
water and restrooms and other amenities that can be used if people cross Lake Fenwick Road and go
to the lake itself to the parking lot in the middle. Overuse was a concern and it was decided that
tournaments of 20 or more people would require a permit to use the site. Habitat for birds and other
wildlife in the area was another issue. Parks staff spoke with the Rainier Audubon Society and the
Seattle Audubon Society whose thoughts were that it was a very positive thing to take out some of
the blackberries and replace them with native plants. The rationale is that blackberries is of only
modest benefit for the birds because it creates a mono-culture that doesn't allow for diversity. Only a
certain amount of species could inhabit the area, but by putting more diversity and native plants in
with different heights and genealogy, the species of animals coming into the area would also be more
diversified.
Because blackberries are shelters for birds, enough will be left to provide habitat corridors for the
birds to go from area to area. Of the 48 acres, 3-4 will be utilized, and on that 3-4 acres only about 1-
1'/z % of the blackberries will be removed in that specific site. The Audubon Societies said that with
those estimates, it should not effect the habitat of the birds or any other animals in the area and a
small increase in human use should not affect the habitat of the animals as well.
Parks Committee,6/15/99 5
Lori Flemm said that one citizen suggested an alternative site which staff looked at but did not feel _
was superior to the proposed site. That site was located northwest of the proposed site within the
same park system. If the alternative site was utilized, parking would have to be parallel parking on
the street in a residential neighborhood and staff felt that parking on the proposed site was much
preferable to parking in the neighborhood. In addition, that area has well established native plants.
Going into an area that has been invaded by non-native plants, removing those and planting natives
would actually be enhancing the habitat.
Chair Judy Woods questioned if with the input from the citizens there had been modification of the
original plan. Ms. Flemm said that was correct and the plan had actually been improved. She said
citizen input is always welcome because it creates a better product, and the questions and suggestions
in this case have produced a better Frisbee Golf Course proposal.
The meeting was adjourned at 5:08PM.
Jackie Bicknell
City Council Secretary
PUBLIC SAFETY COMMITTEE MINUTES
July 27, 1999
COMMITTEE MEMBERS PRESENT: Chair Connie Epperly, Sandy Amodt, Tom Brotherton
STAFF PRESENT: Norm Angelo, Roger Lubovich, Jackie Bicknell, Chuck Miller, Paul Petersen,
Susan Hill, Allen Emerson,Nancy Mathews, Ed White
PUBLIC PRESENT: John Santana
The meeting was called to order by Chair Connie Epperly at 5:03pm.
Approval of Minutes of July 13, 1999
Committee Member Tom Brotherton moved to approve the minutes of July 13, 1999. The motion
was seconded by Committee Member Sandy Amodt and carried 3-0.
Signage for Bicvcle Helmet Ordinance
Ed White, Transportation Engineering Manager, said he had talked to probably 15 or 16 cities about
bicycle helmet signage. Right now there aren't any cities that are actually posting information related
to the wearing of helmets as part of the law or suggesting anything related to wearing helmets. The
cities of Tacoma and Seattle have more of a rule of thumb that is based on usage. Most of the
facilities where this would become an issue are used by so many people that it's just assumed people
are aware and have an understanding of the law. There is a high degree of compliance. During
planned activities such as Bicycle Saturday and Sunday in Seattle, 90% of the people wear helmets so
it's not felt that additional information is needed or that signs need to be posted. For a period of time
signs were posted informing motorists that they needed to share the roadway with bicyclists. Those
signs have since been removed.
Mr. White said that Transportation staff had put together four options for the Bicycle Helmet
Ordinance signage. He presented a handout of the suggestions and requested that the Committee
members determine their preference or add or change any wording. He showed the Committee a
1206 inch standard parking sign as an example for size. Depending on the message, the signs would
either be black on a yellow background for advisory signs, or have a white background with black
letters. Answering Ms. Amodt's question, Mr. White estimated 30-40 signs would be needed as they
would probably be posted at each of the trail accesses on the Green River and the Interurban, and the
exit to the Soos Creek Trail since its originates in King County and ends in the City. The bicycle trail
map from the Parks Department would be used as a guide.
Committee Members suggested the signs read, "For Your Safety Bicycle Helmets Required" and the
ordinance number be posted at the bottom of the sign. Since the signs are advisory, they should be
black and yellow. Mr. White said he would send a memo to the Committee letting it know how soon
the signs could be done and how soon they could be installed. Since the ordinance goes into effect
the first of August, he said staff would try and get them up during the month of August.
Roger Lubovich, City Attorney, clarified that the helmet law applies citywide but the sign postings
are just courtesy notices on the trails because they receive the heaviest use. Connie Epperly
Public Safety Committee,7/27/99 2
suggested that when school starts, the Public Safety Committee could draft a memo to send to all the y
schools to let them know about the ordinance.
After Hours Entertainment Ordinance
Roger Lubovich recommended that no action be taken on the attached ordinance at this time. He
requested direction from the Committee because of the recent development by the Federal District
Court. After hours entertainment is that provided by adult entertainment facilities between 2:00 and
6:OOam after liquor sales have ceased at 2:OOam. Some facilities had received permission from the
Washington State Liquor Control Board to provide dancing, music and entertainment after 2:OOam
but they couldn't serve alcohol. Prior to being authorized or allowed to do that, facilities had to have
permission from their local jurisdictions to provide that entertainment. If the city said yes, the Liquor
Control Board typically would issue the permit if everything else was in order.
About five years ago, a facility in Kent generated some difficulty with noise, disturbances, a few
scuffles, and even a shooting. As a result of that facility, which has since closed, the City Council
adopted an ordinance to not grant permission for any after hours entertainment. This ordinance
basically mirrored the state law. Around June 29, 1999, the Federal District Court in Western District
in Seattle entered a ruling on a case that threw out the state law which required local jurisdictions'
approval for after hours entertainment. The court said the term "entertainment"was very broad and it
could even include political activity such as watching election returns on TV in one of the facilities
after hours. By being too broad and being a first amendment expression, the court held that the law
was a prior restraint on free speech and therefore unconstitutional.
Since the state law is not enforceable, the Liquor Control Board cannot ask for a local jurisdiction's
permission to authorize after hours entertainment. Kent's ordinance therefore has no effect.
Mr. Lubovich said he had talked to the Liquor Control Board and asked what they were planning to
do with the after hours entertainment issue. Their response was that they wouldn't be regulating it
any more. If local jurisdictions do not prohibit the activity, they wouldn't require licensing or
permission from the cities, and if the local facility wants to provide after hours entertainment, as long
as it complies with local law, they won't interfere with it. They will still be regulating liquor sales
after 2:OOam but after that time its up to the local jurisdictions. So far there are no formal policies on
the issue.
Mr. Lubovich said the City has to decide what activities it will be concerned about. The current city
code deals with public dance halls and says `no dances after 2:OOam except Sunday mornings when
dances are allowed until 3:OOam.' However, that chapter in the City Code specifically excludes
facilities regulated under the Washington State Liquor Control Board because of the recent statutory
provisions in place that dealt with the regulation of after hours entertainment. Right now the City is
only regulating non-liquor establishment dances. Also a consideration is the regulation of
amusement devices such as pinball machines and pool halls. Different approaches can be taken or
the current provision removed, with the City not worrying about after hours entertainment. If any
kind of after hours regulation of activities is done, those activities should be defined. At the
minimum, the existing provision dealing with the after hours liquor entertainment currently on the
books should be removed and the issue clarified regarding public dance halls. Mr. Lubovich said he
would need to do more research and try to find out what the Liquor Control Board will do and —
whether they will appeal the decision.
Tom Brotherton commented that the ordinance in place now was created because of problems in the
past and there will still be a need to regulate those activities that cause problems. Noise, crowds,
Public Safety Committee,7/27/99 3
parking, etc. need to be kept under control to make sure that a benign environment is maintained for
the citizens. Sandy Amodt said she would like to see some studies and numbers related to what other
cities similar to Kent have done. One benefit of the all night facilities is that they cut people off from
drinking but still have something for people to do to stay and sober up. Connie Epperly said the only
time that actually works is if there is a lot of security in the parking lot.
Police Captain Chuck Miller recalled that about 10 years ago, Kent did have some after hours
facilities and there were nothing but problems such as fights, a shooting, and some stabbings. Instead
of going until 2:OOam it went until 6:OOam. The concern is that the drinking does not stop. People go
out to their cars and consume their own liquor because it's cheaper than to pay the prices of the
lounge. Currently, in one particular spot it's not uncommon to find marijuana, meth and other drugs
of choice being used in the parking lot.
Captain Miller asked for clarification on the statistics requested. Ms. Amodt said she would like to
see figures taken from between the hours of 2:OOam to 6:OOam on `having facilities open versus not
having facilities open' plus statistics from other cities with demographics similar to Kent. Captain
Miller said that, unfortunately, accurate statistics from 10 years ago wouldn't be available because
the computer systems then were so limited and the programming and data wouldn't be there. Much
of the information would be based on memory.
Roger Lubovich added that it doesn't make any difference if the facility serves alcohol or not.
Alcohol becomes available, and one of the concerns is that after hours entertainment is a draw to the
area and people come from various places. He asked if the information gathered should be for all
kinds of activity between 2:00 and 6:OOam or different levels of activity with different types of
regulations. Ms. Amodt said she wanted a comprehensive list from dance places, bingo parlors, etc. —
anything that would be open from 2:00 to 6:OOam in the morning, excluding restaurants. Captain
Miller said that the statistics would include some 24 hour restaurants because its not uncommon for
the Police to have to respond to problems there after 2:OOam because people go there, get an early
breakfast and fights break out.
It was decided that the ordinance would be brought back to the next Public Safety Committee
meeting if research and statistical figures had been gathered by that time.
Acceptance of Grants for Kent Drinking Driver Task Force
Nancy Mathews, Drinking Driver Task Force Coordinator, said the Kent Drinking driver Task Force
had been notified of grant funding for the Law Enforcement Education Partnership Program (LEEP),
Department of Community, Trade and Economic Development (CTED) by the U.S. Department of
Education under the Federal Safe and Drug-Free Schools and Communities Act in the amount of
$28,500. This grant will support the Youth Conference in Kent and eight South King County school
districts. Also received was a grant for the Kent Drinking Driver Countermeasure Program,
Washington Traffic Safety Commission (WTSC) to support Kent highway safety education in the
amount of$56,025.
Tom Brotherton moved that the Public Safety Committee recommend to the Council approval
to accept LEEP and WTSC grants and establish budget documents, as required. The motion
was seconded by Sandy Amodt and carried 3-0.
Ms. Mathews said the Kent Drinking Driver Task Force had been notified of additional grant funding
from the Seattle King County Department of Public Health, Alcohol, Tobacco and Other Drug
Public Safety Committee, 7/27/99 4
Prevention Division. The grant is called an ATOD Prevention Grant and will support the Youth _
Conference in Kent and eight South King County School Districts over a two year period in the
amount of$84,150.
Tom Brotherton moved to request the Council to authorize the Police Department to enter into
grant contract negotiations with King County. The motion was seconded by Sandy Amodt and
carried 3-0.
Drinking Driver Task Force Update
Nancy Mathews gave a slide presentation detailing the creation and history of the Drinking Driver
Task Force. The task force was created in 1983 by Mayor Isabel Hogan to address the issue of
alcohol involved in collisions in the City of Kent. Kent had the worst record of any city of its size
statewide for several years in a row with more than 12% of the accidents caused by alcohol and
driving. The Task Force tries to figure out what the current highway safety problems are in the City
by looking at data.
The Task Force Steering Committee has 11 members appointed by the Mayor and confirmed by the
Council. It looks at program costs, where funding will come from, and how the program can be
implemented with the current staffing levels. Also looked at are the types of collaborators that exist
in the City and other groups that may be addressing programs that the DDTF is thinking of
addressing. The bicycle helmet program was something the DDTF was starting to look at, but when
somebody else took the ball, the Task Force got involved with helping.
Programs are designed, implemented, and evaluated with the end result in mind. Each program has
to actually be successful and it must be demonstrated that something is changing. When the Seatbelt
Project was done this year, police officers did some emphasis patrols. The last two times 100 or 200
car surveys were done, an increase in the use of seatbelts was noticed. The Steering Committee did a
logic model development and came up with the programs they wanted to provide to the citizens of
Kent. Those include one on impaired driving, highway safety, including pedestrian safety, bicycle
safety, motorcycle safety, train safety, use of seatbelts, car safety seats, child protection, and youth
traffic safety. Youth traffic safety includes the Youth Conference and drug, alcohol, and wellness
issues. One of the first programs initiated and still ongoing is the design contest.
The Youth Conference has been going for about 13 years. Ms. Mathews invited the Committee to
come and participate this year. One topic that many of the Council Members have been interested in,
is that of trying to find ways to improve pedestrian and bicycle safety through adopting appropriate
standards for separation of pedestrians and bicycles from cars. Public Education Specialist Tamara
Cline of the Kent Police Department will be working on the pedestrian and bicycle safety issues and
has already implemented some programs in the Springwood and Valley Key apartments. There will
be some additional funding this year to do some exciting things at the conference and to provide
teams that go back to their schools with additional funds to do follow-up projects.
Volunteers in Police
Susan Hill, Police Department Community Services and Safety Education Specialist, provided an
annual report that gave an overview of the volunteer program and some of the unique things done in
the past year as well as a copy of the pamphlet used for recruiting. There are seven individual
volunteer programs working through the Kent Police Department with approximately 54 volunteers.
The volunteers are called VIPS, Volunteers in Police Service. They range in age from the early 20's
Public Safety Committee,7/27/99 5
-- to the late 80's. The volunteers started out as more of a senior citizens group but have really
expanded and some neat friendships have been formed within the age differences.
Each of the seven programs have a citizen coordinator which is a volunteer that does the scheduling,
recruiting for particular programming, interviews, and presentations if there's a particular civic club
or someone that wants them to come out and speak. One volunteer is the overall citizen coordinator,
and has meetings every month with each of the program coordinators and oversees the program as a
whole and assists with recognition events, etc. It seems to work very well with the volunteers to have
a citizen liaison between them and the staff at the Police Department. Ken Jorgenson is the current
coordinator and he has actually just recently acquired his own desk.
Every volunteers, when they apply, go through a thorough background examination. A driving
history is done and a criminal background check. It's expected that they will have clear driving
records as they will be using city vehicles (there are two volunteer vehicles that are used for various
activities). After the volunteers pass the background check, they attend an orientation where they
learn how to log their hours, begin to learn their way around the department, and meet the other
volunteers. Quarterly volunteer meetings are held for all volunteers and then each program has its
own individual monthly meeting.
The Radar Trailer is one of the oldest programs. It's been around since 1995 or 1996. A speed check
unit is parked alongside the road and monitored. Volunteers stand with the radar trailer and
document the license numbers of speeders. License plates are checked and a letter sent out to let
people know when they were speeding, how fast they were going, and what the speed zone actually
was. Positive responses have been received with some actual thank you calls, but sometimes
occasional complaints are received, especially when someone finds out their teenager was driving
their car too fast. Most people are appreciative of the program.
The Fingerprinting-Program has been around almost as long as the Radar Trailer. Fingerprinting is
done for concealed weapons permits, school district volunteers, and other non-criminal activities. It
takes place every Wednesday and the volunteers work between 8 and 10 hour days and occasionally
do special events for school groups. Last year the Fingerprinting Program volunteers worked 62
eight hour days. That saves the city a considerable amount of money having someone provide this
service. The volunteers do the fingerprinting the old fashioned way with the big inkpads. They go to
State Patrol training and are really proud of their program and run it very independently. They
schedule themselves and find their own replacements when someone is ill.
Another program is the Office Helper Program. Those volunteers come in and do data entry for
various parts of the police department and calculate the volunteer hours. A data base software
program is used with information consistently put into the computer in order to generate reports. The
Office Helper Program volunteers send out the radar trailer warning letters and also disabled parking
warning letters.
In 1997 the Seniors for Seniors Program was started and is a nationally accredited program that won
an award last year as an exemplary program. This program matches up citizen volunteers with
homebound citizens in Kent who are visited or called once a week. When it first started, there were 3
or 4 citizens that were visited. The group of homebound citizens was having a difficult time wanting
to trust anyone, even police volunteers, coming to their homes. The second anniversary will be in
October this year and there are now approximately 30 people that are being visited and called. The
teams of volunteers wear their volunteer uniforms and have their own marked vehicle, a retired police
Public Safety Committee,7/27/99 6
car, so the citizens know that it's someone from the police department. The program coordinates
with the Fire Department in providing those people with smoke alarms and safety checks on their
homes for both fire and crime prevention.
The Midway Substation was started in 1998 on the West Hill with a store front where the officers can
go in and do their paperwork. Different community groups hold meetings there and it's staffed
entirely by volunteers at the front desk who answer calls and walk ins when people have questions
about vehicle accidents, reports, and a variety of different things. A lot of volunteer recruiting is
done there. People come in with problems and end up volunteering. That program has been doing
very, very well and the citizens on the West Hill seem to really appreciate having some police contact
there so they don't always have to come downtown if they need something from the department.
The FTA Calling Program was created to address the problem of defendants who failed to appear for
court hearings. Safety training was done with the volunteers on remaining anonymous and there has
never been a negative report. Volunteers call on Saturday mornings to remind people of their
upcoming court date in an attempt to get people to remember they have to appear for court. That
stops the Police Department from having to serve so many warrants and saves time that could be
spent responding to calls and driving through the neighborhoods patrolling. There has been an
incredible response. The program has been going for 6 months now and the people are receptive and
thankful. Appearances have resulted in 11 less warrants served per week.
A Disabled Parking Program-was started about 6 months ago. Volunteers go out and monitor the
disabled parking spots. They use a volunteer vehicle,but they can also use their own vehicles as
there are magnetic identification placards that go on the side of the cars. One volunteer, Donna Ray
Joseph, who is always around downtown Kent doing gardening, does her volunteer work on foot.
License plates are jotted down of people that are parked without their placard visible or without
appropriate license plates. They are sent a friendly reminder that if they have a placard it needs to be
on their rear view mirror or on their dashboard, and the law is explained. With the increased fines on
disabled parking, people seem to be very receptive of the situation. A data base of offenders is kept
so that if there is someone who's consistently offending, a parking enforcement unit is called and that
person given a ticket. The volunteers have their own cellular phones and they are able to contact
patrol and the officers will actually show up where the volunteers are working and hand out tickets.
The volunteers from all of the different programs also do special events. About 25 volunteers will be
going out for National Night Out to hand out information. They have helped with Cornucopia Days
working in the Police Department booth doing community surveys, etc. They wear the PD Panda
mascot costume and provide a multitude of services to the Police Department. In 1997 the volunteers
gave about 1700 hours, in 1998 it was 5200 hours, and this year within the first 6 months they had
more than that. The program has been lucky to acquire so many fabulous people and they are really a
support system for each other as well. The phone number for the volunteer desk is 253-856-5880 if
people are interested. The volunteers do the whole intake process themselves with the background
checks, etc.
Connie Epperly asked Ms. Hill to describe National Night Out for those people not aware of that
program. Ms. Hill said that National Night Out is the first Tuesday of every August and is designed
for neighborhood watch programs to have get togethers so they can get to know who their neighbors
are. It's called the neighborhood's way to get rid of crime, and neighborhoods are asked to get
together whether for an ice cream social, barbecue, or just for some games with the kids such as a
neighborhood softball game. Judy Mauhl, Police Department Community Services Specialist,runs
Public Safety Committee,7/27/99 7
that program and people can call Judy at 253-856-5879. Teams will be arranged of police officers,
traffic officers, volunteers, and City Council Members to go out to every party to get to know the
different neighborhoods. There is power in numbers and in getting together and watching each others
houses.
Last year Kent ranked 13th in the nation for National Night Out. This year there will be video
coverage to submit to the awards committee, so hopefully Kent will have a higher rating this year.
The meeting was adjourned at 5:58PM.
Jackie Bicknell
City Council Secretary
PUBLIC WORKS/PLANNING COMMITTEE MINUTES
August 2, 1999
COMMITTEE MEMBERS PRESENT: Chair Tim Clark, Tom Brotherton, Rico Yingling
STAFF PRESENT: Fred Satterstrom, Kevin O'Neill, Don Wickstrom, Tom Brubaker, May Miller,
Cyndi Wilbur, Gary Gill, Roger Lubovich, Brent McFall, Jackie Bicknell
PUBLIC PRESENT: Keith Harris, Tom Sharp, Joanne Connelly
The meeting was called to order by Chair Tim Clark at 4:06PM.
ARproval of Minutes of the July 19, 1999 Meeting
Committee Member Tom Brubaker moved to approve the minutes of July 19, 1999. The motion was
seconded by Committee Member Rico Yingling and carried 3-0.
Citv of Tukwila Resolution
The City of Tukwila Resolution was deferred as the representative from the City of Tukwila did not
show up.
Engineering Offices Remodel
Public Works Director Don Wickstrom said that the Public Works Department was out of space as
new personnel had been hired from the last budget cycle and more recently added to handle the
permit process. The space consultant looked at the situation, taking into consideration leftover space
from the Employee Services expansion to the second floor, plus the hall and closets. Staff worked —'
with the consultant to come up with the budget. -
The proposal is to transfer $50,000 in the remodel fund leftover from the ES remodel, plus transfer
some money some various projects including $75,000 from the 42"d Avenue repair at the intersection
of 212`n 42nd Avenue is being reconstructed and widened in conjunction with the Kentview
Condominium project by Polygon, therefore funds are no longer needed there. That money may have
to go back to the fund and then be transferred out again as it might be strictly tax money which would
have to be used for general road maintenance only. unencumbered street funds would then be
transferred to the Remodel Project fund. $50,000 exist from a storm drainage project on the Lower
Garrison Creek Wetlands which originally was to be used for a detention basin and some channel
work. The wetlands ended the ability to build detention basins so one basin was doubled in size to
compensate. Channel work is still needed, but adequate funds should exist after the transfer of the
$50,000. When the nursery site on 2481n was acquired, $500,000 was budgeted for a reservoir. The
reservoir only needs 2 acres and will cost about $250,000 so some of that money can be transferred.
Tom Brotherton moved that the Public Works/Planning committee recommend to the Council
the establishment of the Engineering Remodel Fund and Budget along with authorizing
transferring of the funds thereto as described herein including the expenditures therefrom.
The motion was seconded by Rico Yingling and carried 3-0.
H.E.S. Safetv Grants.
Don Wickstrom said notification of a series of Hazard Elimination System (HES) grants had been
received. Eight projects were approved for a total of$294,290. The Hazard Elimination Program is
a pot of money the State has set aside to do small projects typically under$150,000. The grants have
to be applied for, and if the state finds the projects worthy enough in their array of priorities, they'll
Public Works/Planning Committee, 8/2/99 2
award the money. Public Works submitted a number of projects and got 8 individual projects
approved for a total of$294,000 which would require a match of roughly $41,000. One project
received $135,000 for improvements on Central at James Street and between Central and I"Avenue
which was a submittal on behalf of RTA or Sound Transit in conjunction with the rail station.
Another project received $72,000 to put in a left turn signal at the Kent-Meridian High School traffic
signal. The 90 degree corner at 88`h Avenue and 218`h would be widened and a guard rail put in.
That's a$45,000 safety improvement project. The rest of the grant money will be used for C curb
stems on business fronting streets that prohibits left turn movements across the center line and
reduces accidents.
Rico Yingling moved that the Public Works/Planning Committee recommend to Council
approval of the Public Works Department's recommendation regarding the HES Safety Grant.
The motion was seconded by Tom Brotherton and carried 3-0.
Surplus Vehicles.
Don Wickstrom presented a list of surplus vehicles no longer needed by the City. Rico Yingling
moved that the Public Works/Planning Committee recommend authorization to declare these
vehicles as surplus and authorize the sale thereof at the next public auction. The motion was
seconded by Tom Brotherton and carried 3-0.
Metromedia Fiber Network Services-Street License.
Deputy City Attorney Tom Brubaker said that Metromedia Fiber Network Services is one of a
number of fiber optic telecommunication companies that has recently been trying to get permission to
do business in the City of Kent with rights to use City streets to run their fiber optic lines to serve
their clientele. They have requested a franchise to use City right-of-ways. In the recent past, the City
has switched from franchise agreements to license agreements which have the ability to be more
easily revocable on the City's part. The proposal is for a limited street license between the City and
Metromedia, but because they haven't provided the exact final streets, the contract hasn't been
finalized. Once that is known, the contract terms will be finalized.
The State Legislature says the City cannot charge a franchise fee and the City is pretty much duty
bound to provide those companies the right to use City streets. The Telecommunications industry has
strong protection in the State statutes and are trying to actually eliminate the cities' ability to regulate
them in city streets. One of the reasons the license format is used is because it's not quite as
threatening to the companies as a franchise seems. Rico Yingling commented that if cities want a
state infrastructure of utilities, then they must make it somewhat easy for utility companies to put in
their foundation and infrastructure. However, the City needs to protect its rights to its own property.
Tom Brotherton said he was concerned that a series of companies could come in, one at a time, and
ask to add more fiber optic lines under the streets. The streets could be always torn up as a company
modifies their lines or adds to it. He suggested planning further ahead and establishing a corridor
with good size conduits under the major streets so they wouldn't have to be torn up every time. Tom
Brubaker agreed that would be a reasonable thing to consider depending upon the cost factor,but the
Federal Communications laws would indicate that the City can't restrict the pathway. The City could
do a tremendous job along one street and the company then determine they needed to go one street
over and all the City's effort would be for naught. However, it might be something to consider if the
cost is low enough to put in the necessary ballast, conduit, and pull boxes so there would be access.
Public Works/Planning Committee, 8/2/99 3
Perhaps the City's license agreement could give companies a choice of either installing a conduit or _
participating in the construction of a common conduit. It might be acceptable if they saw it as a
business benefit to access.
Rico Yingling moved that the Public Works/Planning Committee recommend to the Council to
approve the Limited Street License between the City of Kent and Metromedia Fiber Network
Services, Inc. conditioned upon acceptance of final license terms by the City Attorney's office.
Tom Brotherton asked Tom Brubaker to discuss the conduit channel issue with the companies to get
their input. The motion was seconded by Tom Brotherton and carried 3-0.
Tim Clark shared that a letter had been received from AT&T informing the City that TCI will be
known as AT&T Cable Services in the future. Tom Brubaker said the City is still the franchise agent
and in accepting the transferal or assignment of ownership from TCI to AT&T, AT&T had agreed
that all the cable TV service functions of the new company would still be subject to the city's
franchise. Mr. Clark said there was the need to get the message out again to the public that there is a
place to go with complaints besides the company office. He recommended that administration create
a sign that could be used as a reminder that would say citizens could call City Hall if they have
complaints about their cable company. Mr. Clark said a simple notice could be generated to flip
across the screen, but he also wanted a literal sign for the committee that is visible on the camera.
Level 3 Communications Street License.
Tom Brubaker said the street license for Level 3 Communications is essentially the exact same issue
as addressed with Metromedia except that the alignment is set. Level 3 Communications is going up
the Union Pacific Railroad mainline right—of--way, but they will have to cross a number of city streets
that the railroad crosses as they go up this right-of-way. A permit is required to go across those city
streets. The City has a prior right-of-property interest or ownership in its roads that supercedes that
of the railroad. The railroad is there under a franchise with the City of Kent and therefore any rights
they grant also need approval from the City where the line crosses City streets.
Tom Brotherton moved that the Public Works/Planning Committee recommend to the Council
approval of the Limited Street License between the City of Kent and Level 3 Communications,
L.L.C. conditioned upon acceptance of final license terms by the City Attorney's office. The
motion was seconded by Rico Yingling and carried 3-0.
Street Use Permit Ordinance.
City Attorney Roger Lubovich brought the Street Use Permit Ordinance back to the Committee after
its initial review with changes incorporated as recommended by the Committee. Mr. Lubovich said
other changes are ones he is recommending. Page 2 under Definitions, Section B, Applicant is
defined to mean somebody applying for an issuance or renewal of a permit. This change makes clear
that someone applying for renewal is also an applicant. On Page 3-I, the same definition of a
sidewalk display that is in the code provision is used in the definition section. On Page 3-M, the
definition of Use says that any use of the public right-of-way, especially when blocking roads or
streets such as for a parade, requires a permit. Peaceful demonstrations on sidewalks do not require
permits as they are a first right expression that can't be interfered with, but using events on a road
would disrupt traffic and blocking the streets would require a permit.
Public Works/Planning Committee, 8/2/99 4
Tom Brotherton asked if a downtown store would need a permit to hold a sidewalk sale. Mr.
Lubovich said it would not need a permit for a sidewalk display but would have to be in conformance
with the other requirements of the section such as being so many feet back from the road, etc.
Page 6, deals with the issue of political signs and the pre and post-election display of signs. The
"Collier versus the City of Tacoma" case addressed that issue. The City of Tacoma had a
requirement that an election sign could not be posted any earlier than 60 days prior to an election and
could not be on display any later than 7 days after the election. The court struck the pre-election
requirement and said it was unconstitutional and called it a first amendment issue. The city's interest
in regulating the signs did not outweigh those of the individual's right to post a sign. The court did
uphold Tacoma's 7 day post-election removal requirement. Kent's ordinance is modeled after
Tacoma's with the addition of the 7 day post-election requirement removal after election. Campaigns
cannot be treated any differently than other temporary events like parades, festivals, home sale
events, etc. so the same requirement is added for all temporary signs.
Tim Clark said that in dealing with prior posting he is concerned with confusing the public over
elections that aren't taking place, and the signs then become a public nuisance and are offensive and
inappropriate. He asked if posting could be restricted to at least the calendar year within which the
election would take place. Roger Lubovich said that pre-election limitations were off limits and
couldn't guarantee the restriction would survive. Tom Brotherton moved to make an amendment
that signs shall not be displayed any sooner than the beginning of the calendar year for which a
regular election is held. Rico Yingling seconded the motion and it carried 3-0.
Tom Brotherton asked for clarification on Banners and whether a homeowners association would
have to get a permit to put up a banner thanking businesses that had contributed to the 4 h of July
fireworks celebration. Roger Lubovich said there was a master permit that could be used for different
functions and different times having to do with the same event. To place a banner in a park would
not require a permit, but would require the owner's authorization. Other public places such as
squares, rights-of-way, streets, avenues, ways, boulevards, drives, alleys, sidewalks, planting strips,
squares, triangles and other rights-of-way or anything that has to do with Public Works would require
a permit for a banner. The permit would not be needed for any property that's actually owned
including that owned by the City of Kent, such as parks, buildings, parking lots, etc. Mr. Clark
requested that the official minutes of the meeting reflect the understanding of a public place as
defined on Page 2, Section G.
Mr. Lubovich said on Page 7 storefronts are given a right of first refusal for street vendors with
language specifying they are the street level retail occupant. If there is any dispute between the
tenant and the owner of the building, the decision of the owner of the building would prevail. An
applicant would require the adjoining abutting property owner or tenant's approval. The Committee
asked Mr. Lubovich to add language that would say the permit would have to be used within 90 days
or it could be forfeited. The retailer could negotiate with another person for use of the space for
certain months out of the year with a joint permit. That would be worked out between them with just
one permit issued and both held responsible for it. If there was some issue for separate permits such
as for insurance reasons, a joint concurrent permit could be worked out. There is a 200 foot space
limitation for like businesses. If a vendor wants to get closer than 200 feet from a similar use he
would need to have authorization from the other user.
On Page 8, a 4 foot limitation for obstruction of a pedestrian walkway was added which was not in
the vending unit section but was in the other sections. That's to make sure there's a pathway on the
Public Works/Planning Committee, 8/2/99 5
sidewalk right-of-way for pedestrians and bicyclists. Page 11 deals with banners attached to a
vending unit. Banners and streamers would have to have approval of the Public Works Director and
could not block the store front in front of the unit or obstruct traffic or other retailers.
Mr. Lubovich added page 21 that says a license or permit can be revoked immediately in an
emergency situation if there is a safety hazard or public nuisance. Otherwise, revocation goes
through a hearing process with appropriate times so people can have time to deal with it. A
mechanism would have to be worked out to deal with weekend and after hours problems. That would
be the responsibility of the Public Works Director and would come under Administrative Policies
covered on Page 23 which includes requirements for insurance and indemnification. It would be
appropriate that the Public Works Director have the ability to draft guidelines to follow for issuing
permits so there is consistency and flexibility in application. >
Tom Brotherton moved to amend the street use ordinance to allow for forfeiture of a street use
permit if not used within 90 days. The motion was seconded by Rico Yingling and carried 3-0.
Tom Brotherton moved that the Public Works/Planning Committee recommend to the Council
adoption of the proposed ordinance amending Chapter 6.07 relating to street use permits as
amended. The motion was seconded by Rico Yingling and carried 3-0.
ZCA-99-5 Proposed Townhouse Zoning District (MR-T)
Planning Manager Fred Satterstrom said the townhouse zoning issue was sent back to Committee by
the full Council at its July 20t' meeting because of a number of issues that came up during the
Council's discussion on the proposal by the Land Use & Planning Board. The Land Use &Planning
Board had held a number of workshops, a public hearing, and then made a proposal to the council to
create a multiple family townhouse zoning district where the only form of multiple family
development that could be constructed would be condominium townhouses. The density for that was
proposed by the Land Use and Planning Board at 16 units to the acre. The zoning would be applied,
as proposed by the Board, through a rezoning process initiated by property owners.
One concern raised was the conversion of single family zoned land to the townhouse zoning district.
The Council didn't want to see a lot of single family zoned areas converted to a townhouse zoning
district even if the principle use were only for condominiums. There was some discussion and
concern that the 16 units to the acre density proposed by the Board was somewhat high. There was
concern that the rezoning process to MR-T be guided by certain criteria, one of which was to make
sure that the sites for MR-T zones would not require people to go through single family zoned lands
in order to get to the townhouse areas. Also a concern was that there was a lack of incentives to
actually build condominiums and that the MR-T zoning district, while it allowed condominiums, did
not do anything in terms of an incentive in the existing multi family zoned land. Rezone criteria was
added that says townhouse zoning should be adjacent to or have access to an arterial street. Not only
should rezonings to townhouse zoning conform to the 5 criteria already in the code but traffic from
these developments should not go through single family zones.
Chair Tim Clark opened the meeting for discussion from the audience.
Tom Sharp, 24254 143 d Ave SE, Kent, owner of TNS Properties in the City of Kent, said he was
totally in favor of the zoning code amendment. Mr. Sharp wanted to clarify the confusion between
single family attached versus single family stand-alone or detached housing, and said he had been on
a campaign for years against calling condominiums multiple family housing because it's really single
Public Works/Planning Committee, 8/2/99 6
` family attached housing. It could be a duplex, triplex, fourplex, or ten units together but as long as its
sold as an individual unit and has individual ownership, it's really single family residence. In terms
of the units per acre,16 is about right by the time the new salmon problem and storm retention
problems are worked out, but a high quality condominium development probably would not get 16.
Mr. Sharp said he didn't understand the 30 foot height or 3 stories requirement. A daylight basement
for a garage should take about 9 feet and the new ceiling heights about 9 feet plus, so the difference
between the garage and the first floor is about 9 feet. Between the first floor and the second floor is
about 10 feet with about 9 feet for the second floor plus the roof. Roof pitches area lot greater now.
They used to be 4-12 pitch and now they're 8, 9, or 10-12 pitch. In terms of height measurements, 30
feet might work.
Predictability is a big problem because a developer can go all the way through a two year process and
then have someone say forget it because item 2 was missed and the whole thing goes out the window.
So one of the big concerns is the difficulty and the unpredictability of getting through the rezone
process. To change the comp plan and a rezone plan takes about a year. There should be language
added that Council encourages condominium type of housing. Mr. Sharp was in favor of adjacent
arterial streets as 16 units per acre would add a lot of vehicle movement per day.
Fred Satterstrom responded with a comment on the height limit. The original proposal by the staff
was for 2'/2 stories and 30 feet. The Board changed it to 3 stories. It doesn't matter whether its 3
stories and 30 feet or 2%2 stories and 30 feet as long as 30 feet is the limiting factor. To do three
stories would probably require a flat roof or one not sloped very much. The typical height limit for 3
stories is 35-40 feet in multi family zones. Since the building height is measured from the average of
a sloping roof between the eave and the peak, not at the peak, a 35 foot height limit can even be
higher than 35 feet from the absolute ground level.
Tom Brotherton remarked that the rezone method of getting an MR-T sounds like an onerous process
for someone to go through with no guarantee of success. Mr. Satterstrom said it comes down to
whether or not the city wants to propose sites itself for townhouse zoning or whether or not it wishes
landowners to come forward with proposals. Mr. Brotherton wanted to know if MR-T zones could
be easily substituted for MR-G zones with the incentive to switch being the higher density that was
allowed. Fred Satterstrom said the City of Kent doesn't have a lot of undeveloped multi family
zoned land left, and whether its MR-G or MR-M, there's only some remnant sites left. Mr.
Brotherton stated that if there is an existing but aging MR-G zone structure, conversion of that to
MR-T should be made as easy as possible so that when it is reconstructed there would be incentives
to convert that to condominiums. The higher density would be the incentive if it was easy enough to
do and developers were given a fair certainty of doing it before investing a lot of time and money in
planning a reconstruction.
Mr. Satterstrom said the MR-T zone as proposed doesn't accomplish that but is just a new zoning
district to be added to already a large number of zoning districts that someone could take advantage
of in certain circumstances. The Board recognizes that there is fairly limited application of this
proposal and that not all sites are good for it. Mr. Satterstrom said he had had discussions with
members of Council about a lack of incentives for townhouse zoning and they have asked if there
could be a density bonus given with respect to undeveloped MR-G or MR-M land to encourage
condominium development as opposed to apartments. He said that is a possibility and it may be an
incentive to somebody building, but if a 10%bonus was added to MR-M which already allows 23
units to the acre, parking and townhouse type development generally would not be achievable. The
development could possibly be stacked with the higher densities. That could apply to conversion of
Public Works/Planning Committee, 8/2/99 7
undeveloped land as well as conversion of existing projects to add additional units if the entire
project would convert. That's not in the current ordinance and would have to be another amendment
or a new ordinance. Since there has not been hearings on it, a proposal like that would have to go
back to the Land Use and Planning Board as a separate process.
Rico Yingling asked if there was language to improve the predictability that a rezone request would
actually be favorably looked upon by Council and have a higher chance of getting approved rather
than just relying upon word of mouth knowledge and thinking that people will automatically know
that Council wants condominiums rather than apartments. Fred Satterstrom said a rezone action is a
legislative action and originates with an application. Policy statements can be introduced and the
purpose statement language changed in the comprehensive plan or zoning code which would indicate
that the City Council's policy is to encourage homeownership, but in fact there is already a policy
that encourages home ownership opportunities. The outcome of a situation like that could not be
guaranteed and certain language wouldn't tip the scales for an actual application on whether or not it
conformed to specified criteria or not.
Tim Clark offered two proposed amendments brought forward at the request of Council President
Leona Orr. He asked for an introduction of an amendment so it could be formally discussed to
reduce the maximum density to 12 units per acre. Tom Brotherton moved to reduce the maximum
density to 12 units per acre. The motion was seconded by Rico Yingling.
Mr. Clark said that Ms. Orr was of the opinion that the impact on neighborhoods of density greater
than what is currently permitted is likely to bring quick community action and most people would see
it as no different than apartment complexes. It was Ms. Orr's opinion that 12 units per acre was
adequate and Mr. Clark said he concurred. Greater density puts great stress on the previous
community's structure and infrastructure and the question becomes what is the acceptable level of
tolerance.
Tom Brotherton said he wasn't sure 16 units per acre was the right number, but since there are
already zones at 12 for MR-G, there should be an incentive for people to use the MR-T and go
through the work of making it condominium. The thing that gets people most upset is new apartment
buildings because of claims based on higher crime rate, bad building maintenance, and the unsavory
circumstances that often develop in apartment complexes. Mr. Brotherton stated that the reason he
supports condos is the equity and ownership pride people have in their own property that leads them
to do better maintenance and to keep the area from devolving into high crime situations. Rico
Yingling said that if the number of units is reduced from 16-12 per acre, there would be a big
increase in the cost of the unit and affordability would really be reduced. The motion was voted on
and failed 2-1 with Tom Brotherton and Rico Yingling voting no and Tim Clark voting yes.
Mr. Clark introduced the second amendment on giving direction to staff to put in an approved ease of
rezoning with wording that would say greater acceptance would be based on zones SR-8 or greater,
or office or commercial zoning in terms of upgrade to the MR-T zone. Fred Satterstrom said he
understood that would actually be introduced as a requirement, not something that would be words of
encouragement but there would have to be eligible property of SR-8 or other multi family zones such
as MR-D, or commercial or office zoning in order to apply for the MR-T zoning districts.
Tom Brotherton moved that greater acceptance of rezoning to MR-T would be based on
eligible property in zones SR-8 or other multi family zones or office or commercial zoning.
Rico Yingling seconded the motion and it passed 3-6.
Public Works/Planning Committee, 8/2/99 8
Tom Brotherton moved that the Public Works/Planning Committee recommend to the full City
Council to consider approval of the land Use and Planning Board's recommendation to
approve staffs recommendation of ZCA-99-5 for a new Townhouse Zoning District called MR-
T with five additional changes as outlined on page 15 of the LUPB minutes and as amended in
this Committee meeting. Rico Yingling seconded the motion and it carried 3-0.
Fred Satterstrom asked if the Committee wished staff to pursue the direction of creating incentives in
existing zoned multi family lands. Tom Brotherton said he would like to see some reason to
convince people to build condos instead of apartments. Tim Clark reminded the Committee of an
earlier proposal of giving a density bonus of 10% if developers wanted to build condos over
apartments. Mr. Satterstrom said that wouldn't require any rezoning but was basically a text
amendment. However, it would require a public hearing.
Tom Brotherton moved to have a public hearing on giving possible density incentives to
encourage condominiums in existing zoned multi family lands. Rico Yingling seconded the
motion and it carried 3-0.
32nd Avenue South Street Vacation
Don Wickstrom said that at the July 201h Council Meeting Public Hearing on the 32nd Avenue South
street vacation it was recommended by staff to deny the landlocking of a significant piece of City
right-of-way. Council appeared to be supportive of the vacation so it was referred to the Public
Works Committee for more input. Des Moines Sewer District has a sewer line within the right of
way and any vacation given would need to still retain City rights to grant any necessary easements to
any public or private entity that has facilities within the right-of-way. If the City vacates the
property, it would want to be paid in accordance with state law for the right-of-way. The money
would go into the School Pedestrian Walkway Fund. Mr. Wickstrom said the Public Works
Department does not support the street vacation.
Keith Harris, Manager of Planning Construction for Highline Water District, said that Highline Water
District is in favor of the vacation of that portion of 32nd Avenue South so it can be blocked off and
fenced at 2401h. Right now it is an area which has prostitution and drug deals taking place after dark.
The area is surrounded by the Highline Water District office and the Midway Sewer District office
and there is nobody there after dark. Mr. Harris stated that the area is a crime area. Fires have been
started in back and there have been numerous break-ins. It would be a more secure area if the
entrance to 32n6
Avenue South at 240th were gated. Tom Brotherton suggested the City fence off the
area but give access to it to Highline Water District.
Tom Brubaker said he would need to do a little research, but thought there would be nothing to stop
the City from closing the street on an interim basis, which could go on for an extended time, and then
either construct a gate or allow a double lock gate. The restriction would be there and the City would
not have relinquished its right. If that is doable, the City would agree to close the street on an interim
basis if Highline Water District would agree to put up a fence and gates. Mr. Harris said a fence was
already there, and one end would not need to be gated because it goes nowhere. The gate would be
put on 32nd Ave. South at 240th and the north side fenced off which could be taken down if it ever
were to be an open street.
Tim Clark asked to entertain a motion to deny the street vacation but to direct administration to the
Public Works Department to resolve the problem on an interim basis by closing the street and placing
some form of restraint to reduce public inflow into that area.
Public Works/Planning Committee, 8/2/99 9
Tom Brubaker asked to defer action on the street vacation while researching the issue and then to _
bring it back to the next Committee meeting with an alternative. The street vacation could be denied
at that time if it's not doable for some reason. Tim Clark moved to table the motion until the next
Public Works Committee. Tom Brotherton seconded the motion and it carried 3-0.
The meeting was adjourned at 5:53PM.
Jackie Bicknell
City Council Secretary
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