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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 04/04/2000 City of Kent City Council Meeting Agenda KEN T W A S H I N G T O N Mayor Jim White COunci/members Leona Orr, President Sandy Amodt Connie Epperly Tom Brotherton Judy Woods Tim Clark Rico Yingling April 4, 2000 Office of the City Clerk _ n GN T SUMMARY AGENDA WASHINGTON KENT CITY COUNCIL MEETING April 4 , 2000 Council Chambers 7 : 00 p.m. MAYOR: Jim White COUNCILMEMBERS : Leona Orr, President Sandy Amodt Tom Brotherton Tim Clark Connie Epperly Judy Woods Rico Yingling 1 . CALL TO ORDER/FLAG SALUTE 2 . ROLL CALL 3 . CHANGES TO AGENDA t6 A. FROM COUNCIL, ADMINISTRATION, OR STAFF 4D B. FROM THE PUBLIC - Y-v* 4 . PUBLIC COMMUNICATIONS A. Employee of the Month B. Proclamation - World Health Day C. Recognition for Kent ' s State Legislators O 5 . PUBLIC HEARINGS E. o� rYa �YIU Af' None U 6 . CONSENT CALENDAR A. Minutes - Approval B. Bills - Approval C. Surplus Vehicles - Authorize D. Interlocal Agreement with King County Regarding Inspections - Authorize E. King County Basic Life Support Services Contract Amendment for the Year 2000 - Authorize F. Bureau of Justice Assistance Block Grant - Accept G. Civil Service Reappointment - Confirm H. Drinking Drive Task Force Reappointment - Confirm I . Kent Disability Board Appointment - Confirm J. Seven Oaks Addition Bill of Sale - Accept 7 . OTHER BUSINESS A. Single Family Density in Multifamily Zones, Zoning Code Amendment B. Nelson Annexation, 10% Petition 8 . BIDS A. Kent Downtown Rotary Basketball Court B. S . 196th Street Corridor Street Improvements, West Valley Highway to East Valley Highway (continued next page) SUMMARY AGENDA CONTINUED 9 . REPORTS FROM STANDING COMMITTEES AND STAFF 10 . REPORTS FROM SPECIAL COMMITTEES 11 . CONTINUED COMMUNICATIONS 12 EXECUTIVE SESSION None 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) EMPLOYEE OF THE MONTH B) PROCLAMATION - WORLD HEALTH DAY C) RECOGNITION FOR KENT' S STATE LEGISLATORS CONSENT CALENDAR 6 . City Council Action: ,,II � // '' Councilmember Q11w moves, Councilmember 4)66 seconds that Consent Calendar Items A through J be approved. Discussion Action -?71 G 6A. Approval of Minutes . Approval of the minutes of the regular Council meeting of March 21, 2000 . 6B. Approval of Bills . Approval of payment of the bills received through March 15 and paid on March 15 after auditing by the Operations Committee on March 21, 2000 . Approval of checks issued for vouchers : Date Check Numbers Amount 3/15/00 231595-231838 $ 892 , 182 . 11 3/15/00 231839-232315 1 , 235 , 390 . 66 $2 , 127, 572 . 77 Approval of checks issued for payroll of March 15 and paid on March 20, 2000 : Date Check Numbers Amount 3/20/00 Checks 242513-242819 $ 271, 587 . 16 3/20/00 Advices 92700-93310 912 , 119 . 77 $1, 183 , 706 . 93 Council Agenda Item No. 6 A-B Kent, Washington March 21, 2000 The 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, Police Chief Crawford, Planning Director Harris, Public Works Director Wickstrom, Parks Director Hodgson and Finance Director Miller. Approximately 20 people were at the meeting. CHANGES TO John Kastien, 20609 94th Avenue South, spoke in THE AGENDA favor of the Performing Arts Center, noting that there are nay-sayers on every project and that the (Performing obstructionists will be proven wrong. Martin Plvs Arts Center) thanked the City Attorney for his help in esta- (Initiative blishing Initiative 103 , expressed confusion about 103) the ownership of the Public Market, and asked that (Lodging Tax) a report be published regarding the lodging tax. Joe Rubio voiced concern about the financial burden of the Performing Arts Center on taxpayers . Ted Koaita, 25227 Reith Road, said he is not an obstructionist and that he is simply doing his duty. (Public Market) McFall explained that the quit claim deed for the Public Market property now owned by the Public Development Authority was filed with the County on May 27 , 1999 . He also explained the appraisal and purchase price . McFall explained that the lodging tax became (Lodging Tax) effective on February 1, 1999, that in that eleven-month period over $143 , 000 was collected, and that with additional occupancies, approxi- mately $170 , 000 will be collected in 2000 . PUBLIC CASA Cares Month. Mayor White read a proclamation COMMUNICATIONS noting that each year thousands of children are abused, neglected and otherwise caught up in family conflicts by those who are supposed to care for them, and that Court Appointed Special Advocates (CASA) help these children find a way through the court system to get to a safe, loving, permanent home. He proclaimed the month of April 2000 as CASA Cares Month in the City of Kent and urged all citizens to increase their awareness, and to support initiatives and efforts to prevent child abuse and neglect . Edward Greenleaf, King 1 Kent City Council Minutes March 21, 2000 PUBLIC County Superior Court Program Manager for Family COMMUNICATIONS Law CASA, accepted the proclamation and introduced Kenneth Curry, CASA Volunteer with King County Dependency and Joyce Davis, CASA Volunteer repre- senting Family Law. He announced candlelight vigils at noon on April 6 at the Regional Justice Center and at noon on April 20 at the King County Courthouse in Seattle, and invited the public to attend. CONSENT ORR MOVED that Consent Calendar Items A through CALENDAR G be approved. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes. . APPROVAL of the minutes of the regular Council meeting of March 7, 2000 . WATER (CONSENT CALENDAR - ITEM GE) Dewatering Pump. AUTHORIZATION to purchase the Dewatering Pump from Kent Oxygen Co . , Inc . , including installation, for the Green River Natural Resources Area (GRNRA) for the bid amount of $30 , 825 . 00, as recommended by the Public Works Committee . FREIGHT (CONSENT CALENDAR - ITEM 6C) MOBILITY Kent Chamber Freight Mobility Systems Improvement SYSTEMS Proiect. AUTHORIZATION for the City to increase its participation in the Freight Mobility Systems Improvement Project to $30 , 000 and authorize increased funding to be transferred from the 2000 Street Fund budget, as recommended by the Public Works Committee . BOUNDARY (CONSENT CALENDAR - ITEM 6D) 42nd Avenue S . Boundary Proiect. ADOPTION of Ordinance No. 3506 , authorizing the adjustment of boundaries on 42nd Avenue South to remove a small "island" of King County jurisdiction along a short, half-street portion of that road. This situation occurred because the former Kent McCann Annexation boundary extended to the center of that street , but the boundary of the Sea-Tac incorpora- tion only extended to the edge of the street, 2 Kent City Council Minutes March 21, 2000 BOUNDARY leaving jurisdiction with King County on the remaining half-street portion of the road. ZONING CODE (OTHER BUSINESS - ITEM 7A) AMENDMENTS Hazardous Substances - Diesel Fuel Tanks Zoning Code Amendment ZCA-2000-2 . Adoption of the pro- posed ordinance would exempt diesel fuel tanks for stationary, on-site, oil burning equipment in non- residential zoning districts and further exempt these fuel tanks up to 6, 000 gallons in capacity for essential governmental facilities in residen- tial zones . The ordinance would establish a five- foot landscape buffer around all above-ground diesel fuel tanks over 500 gallons . Emergency back-up generator systems, and sufficient amounts of diesel fuel to fuel the generators that support these back-up systems have become a necessary part of many high technology businesses . A number of these businesses have requested this amendment to the Zoning Code to allow for larger diesel fuel tanks for these industries and also for certain governmental facilities . Although exempted from certain zoning code regulations, these tanks will still be subject to all requirements of the Uniform Fire Code . The City Attorney requested that the effective date of the ordinance be five days rather than thirty days as shown in the agenda packet . There was no objection. BROTHERTON MOVED to adopt Ordinance No. 3507 amending the hazardous sub- stance regulations as outlined in the Zoning Code Amendment , as recommended by the Land Use and Planning Board and as amended at this meeting by the City Attorney. Orr seconded and the motion carried. PUBLIC SAFETY (CONSENT CALENDAR - ITEM 6F) VallevCom Interlocal Agreement. AUTHORIZATION for the Mayor to sign the ValleyCom Interlocal Agreement . This Agreement includes the City of Federal Way as a full participating member in the maintenance and operation of the valley Communications Center, joining the cities of Kent, Auburn, Renton and Tukwila. This is a 3 Kent City Council Minutes March 21, 2000 PUBLIC SAFETY new Interlocal Agreement among the five member cities . It incorporates the relevant terms of the original Interlocal Agreement, including all amendments, and ratifies all acts consistent with these Agreements . (CONSENT CALENDAR - ITEM 6G) Creation of Public Development Authority to Finance New ValleyCom Facility. PASSAGE of Resolution No . 1564 , which authorizes the City to create a Public Development Authority, the sole purpose of which is to provide financing for the construction of the new Valley Communications Center Facility in Kent . The Ordinance, Charter, and Bylaws of the proposed PDA are not set for passage at this time . Once all ValleyCom member cities have passed an ordinance substantially similar to this resolution, staff will offer the PDA enactment documents for council passage. Staff intends to present those documents for passage at the next regular Council meeting. FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Bills . APPROVAL of payment of the bills received through February 28 and paid on February 28 after auditing by the Operations Committee on March 7, 2000 . Approval of checks issued for vouchers : Date Check Numbers Amount 2/28/00 230948-231206 $ 624 , 994 . 61 2/28/00 231207-231594 1, 671 , 923 . 21 $2 , 296, 917 . 82 Aooroval of checks issued for payroll of February 29 and paid on March 3 , 2000 : Date Check Numbers Amount 3/3/00 Checks 242205-242512 $ 245, 247 . 74 3/3/00 Advices 91994-92699 891, 113 . 19 $1, 136, 360 . 93 4 Kent City Council Minutes March 21, 2000 REPORTS Council President. Orr reminded Councilmembers to make reservations to the Suburban Cities dinner, and reminded citizens of the importance of completing and returning the census forms . Planning Committee. Brotherton noted that the next meeting will be on April 3rd at 5 : 00 p .m. and that urban separators will be discussed. (Performing Brotherton explained the background of the Arts Center) Performing Arts Center, noting that both a committee of citizens and a consultant feel it is feasible . He explained that the hotel-motel tax is paid by visitors, not by residents, and can only be used for tourism issues and that the performing arts center is the only tourism issue in the city. He added that the land is already available, that private dollars are being collected to pay for half of the building, and that the issue will go before the voters . He encouraged citizens to study the issues and the real figures . Administrative Reuorts. McFall explained that the property acquisition item shown on the agenda is not ready for discussion, but that there is a need to discuss potential litigation for 10-15 minutes . EXECUTIVE The meeting recessed to executive session at SESSION 7 : 27 p.m. ADJOURNMENT The meeting reconvened at 7 : 38 and adjourned. Brenda Jacober, CMC City Clerk 5 Kent City Council Meeting Date April 4 , 2000 Category Consent Calendar 1 . SUBJECT: SURPLUS VEHICLES - AUTHORIZE 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization to declare designated Equipment Rental vehicles as surplus and authorize the sale thereof at the next public auction. 3 . EXHIBITS: Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C CITY OF l . . Public Works Operations MAR 10 20"1 MEMORANDUM ENGINEERING March 10, 2000 To: Don Wickstrom, Public Works Director Thru: Eddy Chu, Operations Manager�{ " From: Steve Hennesseo, Aet Superintendent Subject: Surplus Vehicle Authorization Request I am requesting authorization to surplus the following vehicles that have been replaced and are no longer needed by Fleet Services. All of these vehicles will be sold to the highest bidder at the next public auction. Unit# Yr. Serial# Mileaee Description Points 5310 88 521376 70K Cargo Van 19 5311 71 307748 109K Chassis/Sander 39 5415 87 259371 64K Sedan 19.4 6502 92 B31269 95K 15 Pass Van 17.5 8724 90 142055 116K 15 Pass Van 26 8727 82 281543 40K 1 Ton Flatbed 22 8759 88 769768 81K I Ton Utility 21 Fleet Services Replacement Point System is 20 (1 Point Per Year 1 Point per 10K) Vehicles 5310, 5415 & 6502 do not meet the replacement points, however because of the overall condition and major repairs needed, it is not cost effective to refurbish them to Fleet Services standards. CC: Brad Haydock Dianne Sullivan Frank Olson DEPARTMENT OF PUBLIC WORKS March 20, 2000 TO: Public Works Committee FROM: Don Wickstrom410 RE: Surplus Vehicles - Authorization Attached is a list of Equipment Rental vehicles no longer needed by the City. We are requesting that they be declared as surplus and sold at the next public auction. MOTION: Recommend authorization to declare these vehicles as surplus and authorize the sale thereof at the next public auction. • Kent City Council Meeting Date April 4 , 2000 Category Consent Calendar 1 . SUBJECT: INTERLOCAL AGREEMENT WITH KING COUNTY REGARDING INSPECTIONS FOR 2000 2 . SUMMARY STATEMENT: Authorize the Mayor to sign the Interlocal Agreement between the City of Kent and King County for inspections for the year 2000 . This agreement with King County covers the inspection of all occupancies in Fire District #37, with the exception of single family residences and miscellaneous structures . It is part of a series of continuing agreements which have been signed for the last several years, and provides a tool used by the Fire Department to alleviate serious fire hazards in the District ' s commercial buildings . This is for the first inspection and one re-inspection only. Any follow up work after the first re- inspection is the responsibility of the King County Fire Marshal . From a financial standpoint, the County will reimburse the City at the rate of $100 per hour for travel, research time and inspections performed on any permit application within the City' s jurisdictional boundaries . 3 . EXHIBITS: Interlocal agreement 4 . RECOMMENDED BY: Fire Department & Public Safety Committee (3-0) (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 INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND City of Kent THIS AGREEMENT is made and entered into this day by and between King County, a home rule charter County in the State of Washington (hereinafter referred to as the "County") and City of Kent , a Washington municipal corporation (the "City"). WHEREAS, RCW 19.27.031 provides that an and after January 1, 1975, there shall be in effect in all cities, towns, and counties of the state a state building code; and WHEREAS, RCW 19.27.031 provides that a portion of the aforementioned code shall consist of the Uniform Fire Code and the Uniform Fire Code Standards, published by the International Fire Code institute; and WHEREAS, RCW 19.27.040 authorizes counties to amend any component of the state building code as it applies within its jurisdiction in all such respects as shall not be less then the minimum performance standards and objectives enumerated in RCW 19.27.020; and WHEREAS, KCC 17.04.01013 provides that the term 'ire marshaiu as used in the Uniform Fire Code shall mean fire marshal of the building services division of the King County Department of Development and Environmental Services; and WHEREAS, Section 103.2.1.2(1) of the King County Modifications to the Uniform Fire Code, as adopted by K.C. Ordinance 12560 provides the King County Fire Marshal's Office shall have responsibility for inspections and the enforcement of the fire prevention provisions of the code; and WHEREAS, Section 103.2.1.2(3) of the King County Modifications to the Uniform Fire Code, as adopted by K.C. Ordinance 12560 provides the King County Fire Marshal's may by written contract, delegate to the chief of the fire districts and fire departments authority for inspections and/or the enforcement of the fire prevention provisions of the code within their respective jurisdictions. WHEREAS, the City desires to provide by agreement for effective inspection pursuant to the Uniform Fire Code within the jurisdictional boundaries of'King County Fire District 37 and effective administration and inspection of the Hazardous Materials Inspections/Permit program. WHEREAS, this Agreement is authorized by the Interiocal Agreement Act., RCW 39.34. NOW, THEREFORE, in consideration of their mutual promises set forth herein, the County and District/Department hereby agree as follows: 1. COUNTY OBLIGATIONS 1.1. General. The County agrees to continue: to assume the enforcement powers for the Uniform Fire Code as provided for by King County Title 23; to be responsible for the issuance of all required permits or certificates; to collect all required permit fees; to reimburse the City in accordance with the terms of this Agreement for additional insurance premium charges and for work performed as a result of the City's participation in the activities described in this Agreement. 1.2. Ordinances. The County agrees that it shall notify the City upon the adoption of any ordinance that affects or,requires inspections to be made under the Uniform Fire Code or in any way affects the duties of the City under the terms of this Agreement. 1.3 Forms. If the County specifies or requires any forms or writen reports to be used under the terms of this Agreement, the County agrees to provide such forms to the City at the expense of the County. 1.4. Reimbursement For Work Performed. The County agrees to reimburse the City at the rate of$100.00 per hour for travel and research time and inspections performed on any permit applications within the City's jurisdictional boundaries pursuant to this Agreement. 2. CITY OBLIGATIONS. 2.1 Permit Inspection of Occupancies. The City agrees to perform Hazardous Materials Permit inspections within its jurisdictional boundary on behalf of the County in accordance with the terms and provisions of the Uniform Fire Code of King County, and the guidelines established by the King County Fire Marshal. In addition, the City agrees to inspect occupancies, as defined in Section 301 of the Uniform Building Code, other than single family dwellings and those occupancies classified as "U", on an annual basis. The City further agrees to make one reinspection when required. Additional reinspections or other actions required for code compliance may become the responsibility of the King County Fire Marshals Office. 2.2. Identification of Required Permits. As part of its routine annual maintenance inspection process, the City agrees to evaluate occupancies within its jurisdiction to determine whether circumstances exist which require permits under the Uniform Fire Code. When a circumstance requiring permit is identified, the City shall provide the occupant with a permit application, vertfy, which code provisions for the permitted use or material are being met, initiate corrective action when needed, and notify the Fire Marshal's Office of any expired or missing permits. "" 2.3 Notice Upon Inability to Inspect. If for any reason the City cannot meet any of the above obligations, the City will promptly notify and seek additional assistance from the King County Fire Marshal's Office. 3. LIABILITY INSURANCE. 3.1 Insurance Coverage. The District/Department agrees to carry at all times during the effective period of this Agreement commercial general and automobile liability insurance coverage against claims for injuries to persons or damages to properties which may arise from or in connection with any activities under this Agreement. Insurance shall be at least in the amount of$2,000,000.00 covering the County as additional insured for all obligations and activities of the District/Department and its employees, volunteers and agents related to the performance of this contract. 3.2 Reimbursement. During the term of this Agreement, the County agrees to reimburse the District/Department for any additional annual insurance premium attributable to the District/Departments performance of obligations under this contract, provided that the amount or reimbursement shall not exceed $1150.00 per year. The payment shall coincide with the District/Department's normal insurance billing date of July 1. In the event of early termination of the contract, the District/Department shall pay to the County an amount equal to any funds returned to the District/Department by the insurance company as a result of such termination of contract. 3.3 Municipal or State Agency Provisions. If the contractor is.a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certificate of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. 4. RECORDS AND DOCUMENTS. All records compiled by the City under the provisions of this Agreement shall constitute records of the County and shall be made available to the County upon request. All records and documents with respect to this Agreement shall be subject to mutual inspection and review by both parties during the performance of this Agreement and for seven (7) years after termination. 5. EMPLOYEE COMPENSATION AND CONTROL. The County shall be responsible for the payment of all salaries, wages, other benefits, and compensation to all county employees performing services under this Agreement. Further, the County shall be solely responsible for control of personnel, 3 standards of performance, discipline, and all other aspects of performance of all county employees performing services under this Agreement. The City shall be responsible for the payment of all salaries, wages, other benefits, and compensation to all City employees performing services under this Agreement. Further, the City shall be solely responsible for control of personnel, standards of performance, discipline and all other aspects of performance of all City employees performing services under this agreement. In providing services under this Agreement, the City is an independent contractor, and neither the City nor it officers, agents or employees are employees of the County for any purpose. The City shall be responsible for all federal and/or state tax, industrial insurance and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. 6. NONDISCRIMINATION. In performing any obligations in this Agreement, neither the City nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of services or any other benefits under this Agreement. The City shall comply with all applicable requirements of Section 504 of the Rehabilitation Act of 1973 as amended and the Americans with Disabilities Act of 1990. 7. NO THIRD PARTY BENEFICIARY INTENDED This Agreement is intended solely to provide assistance to the County and City and is not intended to benefit any third party. 8. ADMINISTRATION This Agreement shall be administered by the County Fire Marshal or his/her designee, and the City Manager, or his/her designee. 9. DURATION. This Agreement shall take effect on the 1st day of January, 2000 and shall terminate one year thereafter on the 31 st day of December, 2000 unless otherwise terminated in accordance with Section 10 of this Agreement. 10. TERMINATION. 4 Either party may terminate this Agreement upon thirty (30) days written notice to the other party. In addition the failure to comply with any of the provisions stated herein shall constitute material breach and shall constitute cause for immediate termination. Any termination of this Agreement shall not terminate those obligations of either party that matured prior to such termination. 11. INDEMNIFICATION. 11.1 The County shall indemnify and hold harmless the City and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense; provided that the City retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgment be rendered against the City and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 11.2 The City shall indemnify and hold harmless the County and its officers, agents and employees or any of them from and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the City, its officers, agents and employees, or any of them in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against the County, the City shall defend the same at its sole cost and expense; provided, that the County retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgment be rendered against the County and of it officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents and employees or any of them, the City shall satisfy the same. 11.3 The City and the County acknowledge and agree that if such claims, actions, suits, liability, loss, costs, expenses and damages are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this section shall be valid and enforceable only to the extent of the negligence of each party, its agents, employees and/or officers. 12. • AMENDMENTS. This Agreement is the complete expression of the terms hereto, and any oral representation or understandings not incorporated herein excluded. Any modifications to this Agreement shall be in writing and signed by both parties. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed. s KING COUNTY CITY OF KENT County Executive Dated Dated Approved as to form: Approved as to form: Deputy Prosecuting Attorney T 6 Kent City Council Meeting Date April 4 , 2000 Category Consent Calendar 1 . SUBJECT: KING COUNTY BASIC LIFE SUPPORT SERVICES CONTRACT AMENDMENT FOR THE YEAR 2000 2 . SUMMARY STATEMENT: Authorize the Mayor to sign the King County Basic Life Support Services Amendment with King County EMS, allowing the City to receive funds per the EMS Levy. In 1998 an Emergency Medical Services (EMS) levy was passed for a three-year period, beginning in 1999 . The City has signed a contract with King County EMS since 1981 to receive EMS funding. A contract amendment is received annually to adjust the payment amount that the City of Kent will receive . The amount to be received for year 2000 is $682 , 787 which is the same amount as was received in 1999 . The proposed amendment changes the contract period to cover the year 2000 and updates the section which covers Basic Life Support Standards . The City Attorney' s Office has reviewed the amendment . 3 . EXHIBITS: Contract amendment 4 . RECOMMENDED BY: Fire Dept . & Public Safety Committee (3-0) (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E ONTRACT AMENDMENT I'age 1 of 10 Pages 'RuiECT NAME Basic Life Support Services CON'I RAUI NO. D260181) AGENCY/CONTRACTOR Kent Fire Department DATE ENTIl ICED 7/1198 ADDRESS 24611 1161h Avenue SE AMENDMENT NO. 2 Kent, WA 98031 DATE GN"fLItL•:D 1/1/00 AMl NDMENT REQUESTED BY AMENDMENT AFFECTS I'll-SKC ❑ Scope of Services ❑ Method of I'nyment Organization ® Time of Performance ❑ Reliance ® Collipegsalion ❑ Tenus and Conditiuns �zpitarlc ❑ Results of Services Name 1. Amend Contract Amount from $1,013,699.00 to $1,696,486.00. 2 menci Contract Period from July 1, 1998 to December 3l, 1999 to .Itily I, 1998 lu ucccuiber' 31, 2000. 3. Amend "finding block" to appear as follows: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES Real Property "faxes $330,912.00 7/1/98 to 12/31/98 $682,787.00 1/1/99 — 12/31/99 $682,787.00 1/l/Olt -- 12/31/00 TOTAL $1,696,486AU 7/I/98 to 12/31/00 4. Amend Section IL DURATION OF CONTRACT to read "...and shall terminate on the 31" day of December 2000... 5. Exhibit I, Scope of Services (Program flan and Budget) shall be amended by adding the attached Exhibit I, 2000 Pru gr� tm i hill and Proposed Budget. 6 Exhibit 11, Basic Life Support Standards shall be replaced with the attached updated Exhibit 11, Basic Life Sulmort Standards. IN WITNESS I IERE'OF, the pal'nes Ilei'etO have Caused this amendment to be executed and instituted on the date first written. Kent City Council Meeting Date April 4 , 2000 Category Consent Calendar 1 . SUBJECT: BUREAU OF JUSTICE ASSISTANCE BLOCK GRANT - ACCEPT 2 . SUMMARY STATEMENT: Accept Bureau of Justice Assistance Block Grant funds, and authorize the establishment of a budget for the funds . The Police Department has received notification from the Bureau of Justice that its grant application has been approved for funding. This grant supports the Family Violence Unit and the purchase of equipment to investigate computer-related crimes and presentation equipment for training. The grant total is $81, 910 . The award amount is $73 , 719 and the City' s required 10 percent match amount is $8 , 191 . 3 . EXHIBITS: Memo dated 3/14/00 4 . RECOMMENDED BY: Public Safety Committee 3/14/00 (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F KENT POLICE DEPARTMENT MEMORANDUM TO: Public Safety Committee FROM: Debra LeRoy, R Et D Analyst DATE: March 14, 2000 RE: Bureau of Justice Assistance Block Grant Acceptance This memo requests the acceptance of the Bureau of Justice Assistance Block Grant and establishment of budget documents, as required. This _rant supports two areas: the Family Violence Unit and the purchase of equipment to investigate computer-related crimes and presentation equipment for training. The �zr ant total is SS 1.910. The award amount is S73.719 and the City's required 101%match equals S3,191. Exhibit: LLEBG Applicant Award Review with Decision Options Memorandum to Community advisory Committee from Sharon Hayden. 11/2;99 Kent City Council Minutes— Consent Calendar—ITEM 6G - 9/21/99 Memorandum to Public Safety Committee dated 9/3/99 Memorandum to Mavor White from Debra LeRoy dated 3/12/99 Memorandum to Capt. D. Everett from Sharon J. Hayden dated S/12/99 Li.EBG - Applicant :Award Review ?age i of _ LL=3G A}ipiicant Award Review Applicant information ?lease ensure that uppercase and iowercase have been used in your Applicant nfermation fields; uppercase or all lowercase letters. You may use the "Accept with Change" function below to make corrections. ;f you have provided only a post office box. please use :he "Accept with Change" fun provide a street address. Applicant Jurisdiction Name: Kent City Jurisdiction OJP Vendor Number: 916001265 Jurisdiction address Line 1: 220 - 4th Avenue South Line 2: CStf: Kent state: Washington ZIP: 98032 :urisdic-don CZO: Mr. ;im 'Nhite Jurisdiction C20 Title: Mayor _zoc .A-wart:: :nformat'on ?Y .999 LL=3G ?inai .award :nformation: ;73,7'-9 Matching .Amount: 38,:91 ;pecmi I-Judidons: :ere tC evlew -he scec:al =oncirions =ssc-:a[ao 'Nlth this .Award. This r rrier -CCJmert. 'JUL :mav :e �rinted 'Cr "se -s - :efere.n.ca -CCI In ' Our 'nre SIC -n JTfIC:CI :CVe..^,.,.,.,.: ._ illes. "OU `NII] Je able -o pnnL the otflc:al Award ,_age 3no scec:al :Onaitlons once you accept;/cur ` -is 3moun- :01 -2c-esent -n`/ -2!imtle amCur: Caic:JIarec -cr _,I :C .:warc -mount. >ooiic3m: Awar-i Review sec:sien ';o=icns Acc3or T"is ;unction will :esuit 'n 3n immebiare accaptarce of `he F v '1999 LLESG .aware Acceptance of `his ,Award and soeciai conditions DOES NOT result in an automat of 'olock grant funds. 3JA requires that all grantees return to the Grants Manage (GMS) in 'ate 'anuary to begin the Request For Drawdown (RFD) phase of the A ?lease take time over the next several months to plan a detailed budget and com your special conditions. - Accapt with Change This `unction 'Nil] provide you with the ability to correct and/or update the spel]in jurisdiction's name and mailing address. 3JA will consider these adjustments an Change" and will require no additional information from ,you to accept this Award Change Chief 3xecutive :nformation - Requiring Additional 33A Review/Approvai This functien allows you to maKe changes to :he hlef =xecutive's ;C -lame an = nCs..71p.'15GCI.=O!':Hl''=,_'ns useP?JlsaulleC'___Z,Tantee_'eview.,le.ans..7_177I_�eU �_5:'�=-no LLEBG - Appiicant Award Review rate _ 0i _ will consider this 'o be a "Change Requiring Additional BJA Review/Approval." On submitted your changes, BJA will not provide you with any additional notification remember to come baci< into this system to see if your Award documents have b approved and they are ready for your acceptance. Please allow 3 days for BJA t any changes. r7 Decline This function will result in an immediate reallocation of your jurisdiction's FY 199 the .-Y 2000 LLcBG Program funding pool. Once declined, a jurisdiction cannot re 1999 funding. Declining FY 1999 funding will in no way affect a jurisdiction's eligibility for furur Program funding cycles. RM 1 Hack �roaua:on Release: ...:^.5:: UraI1L5.J1C.15QC1._OV' (;ail; ice..'^15ci flens_2T":ntee_''.viB`.V.,:B`.�:1:5�'J_iDD!_:2�=_ t_`JJ/�- i)o Df�Cf DF 731E DAY ATlORNE� MeMerandUM PRIVILEGED 1ND CONNFIDENTI- IL I0: Lt. Loma Ruiener, Kent Police Dept. Ben Dillard. Kent —Meridian Hizh School Hor.. Robe— Vtc Seveney, Kent Municipal Court Ina Percivai. D.A.-,U.N. SS: Roger Lubovich, Kent City _attorney ROM: Sharon T. Havder. _assistant ^, Attonev ="_) 350-_ ',0 •E• Law Enforcement 31ocic Grant a dviscri Cornmicee date: November =, '999 _ .':a`ie SC.^.elllel : e ' JnInll:i: = :Or hursda%, Ovem"er i1a l'orn,e'_S 1 w SnC mulQ _1st hCaC I noon. i ; 0 ,lore :Ran c:`n ,,, .-nmuLes. hanli you :Or '-Our :rvolve.rnCn.t :n :he went ::on unizv. anc. :or "our ;v 11P:.�"IeSS co Contncute " our :1.T.e '.n :h1S -.vay. ,xwrcnu Ke-= CJli.___ ?Q__ Les SeDtam."er :i-ressit-r 3ca_d 'A=ooi_^.t-^tent . CONF= fi=--ONcf -=e Maver ' s an_ _-=me_^_c -'' Gerald Was" _-czsn zc =e as a mem ercft_.e Kent Divers_- 'r =_c, _scr r =Car_. `?r . Was--^aczon -s emDiCVed aL Tle 3Ce1-C =a- - 'vnere lie __an 'NcrK !eC -or o ve3=s as a _ D __ :.as been a Kent reside-T: _- ;_ 'rears -___ __ red in Seat �o more _. "ears . =-s _aud_-:ce_ .-ac __ad =_on Kent-`^.er_c-an - - « _ s scn -=: zends Nas:__ _ v . n= -__ s w _ serve e _. ..... _..o s/ _ selors -=z ham. .'�r . �Ia Ji1_-��___ �•V___ _ec_aCe C4 ._a�%er, .V[-_ =cus- Ze a`_ ..en ,-at---- - =- Z__ en- _- --- -7- - a=--=- a--- scn ;vas. _--. _- e =- c es z-ma__ I ear -GGG 'm- a_ UllSt- ^o 7.—id,* -cr ADD _C=z- =i. aUT rRT`_-(`. T aco ,-/ =Cr --rant ='.nc'_' a_^_e ccc'_!IIeT_s , as _ecL__c , _.:e _Cro_ccsec =unc-_-c iisc _or -=:e _000 `7, a _ _- -Gs -- - i _�__.-.: G^- ___...__...__ •lull _.._ 3:Y.,. _ ____ -___ _ __._ T.a:i-^..L'... Der _ _G aP1C li-.zS _Cza--I1c _14C � �LC' . �eC =C G[I:CL CcS2C On _ .!72 .�::7 e J __ - ace_-..-es = _V'_ a-d ::he m..=Dz _ :nzaC= =" fund-ng -he -=--CaZ_C- 'c-- �L:r�au - 'Just-Cs Ass--stan--a ?_OC_{ l T- -t :.nc >_.... e5_G�.__o__ JUCq== as ---- ___ e= _S an ___ ,.__ .ias nd ___ _ __a__ az sa__ _____ .ia= an -___ e=e =r4 - ^ai _ _ _-- mee__-na V'___ _ . 3C ':JC=CD 2'_' Pub 1 c ,Tor:{s z ?1 arm irc Co=ittee . Clara _ ted ___-_ =_e _ext mee_--c sv--- ne -eld a_ = : OC on MENI0RANDUM To: Council Public Safety Committee From: Debra LeRoy, R & D Analyst. Police Department Subject: Bureau of Justice Assistance Block Grant Application Date: September 3. 1999 Attached you will find a grant application proposal designated to support two areas: .he Famiiv Violence Unit, and the purchase of equipment to investigate comnuter- related crimes and presentation equipment for training. The grant -otai is 531. 910. The City's required 10% match equals 53.191. Request Council Aoprovai o appiv `or ;rant funding and establish budger documents. as requirea. KENT POLICE DEPARTMENT r MEMORANDUM TO: M a v c r Jim White v FROM: Debra LeRoy, Research and Development Analyst CC: Ed Crawford, Chief of Police Rocer Lubovich, City Attorney Public Safetv Committee members Mary Ann_ Kern DATE: Auaust 12, 1999 SUSJ^aCT: Bureau of Justice Assistance Block Grant Aptlication- The Kent ?o__ce Department, cn behalf of the of Kent is _ reoarirc a bloc: grant aonlication to the Bureau of Justice (BJA) . A new internet-based electronic atplication process was implemented _--is vear. The jurisdiction award allocation_ is based on the state' s average annual number of Part _ violent ..rimer in comparison to the nat-cnal averac_e over the tast t,____ vears. The Cite of Kent' s allccation. for 7v lcoo is S73 . _9 . The Citv_ ' s rec_uired 10% ;Hate: equals SE , 191 . The grant total is $81, 910 . We have designated funds to two purpose areas . The maiority of the funding will be aptlied t support the Fami=y 'ioienge Unit. (See attached memo for more detail on the =ami- 'Violence Unit f:ndinc. ; The balance of the funding will purc ase equipment necessary to investigate computer-related crimes and presentation ecraipment for patrolJoffic-_ training. (See attached copies of the grant application fC_ for the funding breakdown_. ) Sharon Hayden is arrang'_nc the required public :tearing in conjunction with the next Public Safety Committee Meeting. We also need to coordinate an Advisory board prior to obligation or expenditure of awarded funds . As in past years, a trust fund is required 'or receipt of federal award payments. This year's award funds will be monitored by the City Attorney' s Office. 1 have listed Lorna Rufener as the grant contact person. She will coordinate the expenditures with the City Attorney' s office. N N L_ U O O N_ C G: - > C: U .j U > U 3 v, R O U (G L7 C O L, C C Cltq C C C ^i(O C. C O S C a a C C: a C C O � C C �.- C OIO` L; ^^ a C M (O C a C C M N IL: m q t CD O Q I., Q N N O C; r c- i� C 10 t• °-(0) 1bs fA EA�Q G y C N S 3 C (1) L c - ei > o co r N W N T N J U a d -� O cc o 0 3 a S _ m o U O >> o E Q,> U) 4) N U 'D 7 y d 0` d 0 y O m O ^ .> O y > 3 y N Y U f0 N a too C O C a 5 s U 3 C m � cc 5 ccc Y � m � m � O' 3 4yr_ (DP o O 0 0 U N N > m U v y o y g N N = .= L O w ° o o > ° 0C)a) ¢ sa = ° off00 O '0 LL rn > � ° ca , CD m m Uo cc QEay N d C, 0 O E J0 ocm oO ` c Lu o J o 0 GJ W � 0M fw 0 W Z UU) _. Car LL U) E! (o0 -j U) -1 F interoffice MEMORANDUM to: Capt. Dave Everett, KPD cc: R. Lubovich from: Sharon J. Hayden, Assist. Citv Attornev re: LLEBG Application date: August 12, 1999 It has been very rewarding to see the impact of the previous Block Grant funds on our new zamiiv Vioience program. I agree that a continuation of these programs. and the modification of others, will serve *he citizens of our City well, and will make further inroads into the zvcle of violence in which so marry of our offenders are engaged. Cur proposal this grant rvcie includes three components: 1) Continuing the Family Vioience Advocate/Investigator position in order to allow *he Cin�'s ramih, Vioience Advocate to: a) Obtain written, notarized statements from victims and witnesses in Domestic Vioience cases for evidentiary purposes b) Obtain victims' medical reports directly from treatment providers c) Participate with patrol officers and detectives in investigation and victim contact in the field d) Continue to help coordinate assignments for overtime officers (see below) e) Continue to assist in obtaining physical evidence and witness statements that cannot be obtained by overtime officer 2) Continuing the Police Overtime Position, with a greater emphasis on detectives doing follow-up duty in order to more effectively: a) Obtain photos of crime victims' injuries 1 b) Obtain medical releases from crime victims c) Gather physical evidence d) Investigate the e.:dstence of and testimony of witnesses e) Transport crime victims to court or prosecutor's office f) Obtain confessions from suspects g) Assist the Family Violence Advocates in investigation h) Provide other services as requested by prosecutors and/or Family Violence Advocates 3) Begin contributing to a Domestic Violence Prosecutor whose sole focus is the prosecution of Family Violence cases. The proposed breakdown is as follows: Family Violence Advocate $44,151.00 Detective Overtime 88,425.00 gamily Violence prosecutor 815,000.00 2 Kent City Council Meeting Date April 4 , 2000 Category Consent Calendar 1 . SUBJECT: CIVIL SERVICE REAPPOINTMENT - CONFIRM 2 . SUMMARY STATEMENT: Confirmation of the Mayor' s reappoint- ment of Ron Banister to continue serving as a member of the Kent Civil Service Commission. His new term will continue until 4/30/2006 . 3 . EXHIBITS: Memo 4 . RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G MEMORANDUM TO: LEONA ORR, CITY COUNCIL PRESIDENT CITY COUNCILMEMEERS FROM: JIM WHITE, MAY* DATE: MARCH 25, 2000 SUBJECT: REAPPOINTMENT TO CIVIL SERVICE COMMISSION I have reappointed Ron Banister to continue serving as a member of the Kent Civil Service Commission. Mr. Banister's new term will continue until 4/30/2006. I submit this for your confirmation. jb Kent City Council Meeting Date April 4 , 2000 Category Consent Calendar 1 . SUBJECT: DRINKING DRIVER TASK FORCE REAPPOINTMENT - CONFIRM 2 . SUMMARY STATEMENT: Confirmation of the Mayor' s reappoint- ment of Capt . Eric Robertson to continue serving as a member of the Kent Drinking Driver Task Force. Capt . Robertson' s new term will continue until 1/1/2003 . 3 . EXHIBITS• Memo 4 . RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H MEMORANDUM TO: LEONA ORR, CITY COUNCIL PRESIDENT CITY COUNCILMEMBER,S v�+ FROM: JIM WHITE, MAYOR ,� DATE: MARCH 25, 2000 4 SUBJECT: REAPPOINTMENT TO DRINKING DRIVER TASK FORCE I have reappointed Capt. Eric Robertson to continue serving as a member of the Kent Drinking Driver Task Force. Capt. Robertson's new term will continue until 1/1/2003. I submit this for your confirmation. jb Kent City Council Meeting Date Aoril 4 , 2000 Category Consent Calendar 1 . SUBJECT: KENT DISABILITY BOARD APPOINTMENT - CONFIRM 2 . SUMMARY STATEMENT: Confirmation of the Mayor' s appoint- ment of Councilmember Connie Epperly to serve as a Council representative to the Kent Disability Board. Her new term will continue until 12/31/2001 . 3 . EXHIBITS: Memo 4 . RECOMMENDED BY: Mayor While (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I MEMORANDUM TO: LEONA ORR, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: MAYOR JIM WHITE DATE: MARCH 24, 2000 SUBJECT: APPOINTMENT TO DISABILITY BOARD I have appointed Councilmember Connie Epperly to serve as a Council representative to the Kent LEOFF 1 Disability Retirement Board. She will replace Rico Yingling and her new term will continue until 12/31/2001. I submit this for your confirmation. JW:jb Kent City Council Meeting Date April 4 , 2000 Category Consent Calendar 1 . SUBJECT: SEVEN OAKS ADDITION - BILL OF SALE 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Bill of Sale for Seven Oaks Addition submitted by Northwest Cougar Mountain Construction, Inc. for continuous operation and maintenance of 410 feet of sanitary sewer line, 1, 168 feet of storm sewer, 465 feet of street improvements and release of bonds after the expiration period. The project is located at 124th Avenue SE & SE 263rd Street . 3 . EXHIBITS: Vicinity map 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6J ........... 'v ♦ °8235 HT ... ..at ro5 a345PL 9M.L 0+5 BT ^ -J113 6.@1"- roL"'� -'-SE 23 P� BE236 T c t„si _ r BE 236 .......� ••] PL st 5 5 ( �- 8�23__-6�,_ a'—' w [ BE 7 T •...� 'P n m.....••: _8823]9T...BT ....... 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MIR`� M16°B° PROJECT LOCATION°°ST a yCS..Z. - ^ .1 2618T1 O ; ................... �: ...... a :•.. a\ +y9 � lfa OFFem �.. 619 �. � . .. -.,..7 9e900IA .. i T � �. `•e �` a 263 LI 9E264ST 264 ST 261 9E 264 ST Fw w H m ....................... §E]64�L � a4 a � m264 BT m ipp ppp ........... E266T L 265 6 a� �m ... IIRVRL. > .... -PARK. n m 266ST S -n 6]9 ,.•o xwoa epnAAe " ry : : 26,7,P E 16B m I Q-a-6-z PL i v9 > Y m I \ ] d n O1-q 8 B Y26 6BL `�6 B 8826E 8T :p \ A', W tMw �p�5 .�J m 270 94^V,p 'T -_' 29 ST .............. .2 8-� ro .y 1 'yq 6rv' a�nT SZ 7 1eJ' m NM1q ry ]728 .6 ,o 4 X2n 9 L .+ rvn8E 'p m�Pa LT ... ............. y9•J. ry a•. i"�E _ m 9E... 882768T 98276ST j nam xAe P 4 S92 ,6 CBE 276 PL i 76 ST OLCR- 9Yl�L'OR eGBmIYARr n ; N 4 f e 27 I R3NE ~ ]t BE277 P 01 �271 { 2 8 2 ST R314E 'IMY PIHC{kC L NT PARK J 360 ST P mt SE a d SEVEN OAKS ADDITION m; y. w Kent City Council Meeting Date April 4 , 2000 Category Other Business 1 . SUBJECT: SINGLE FAMILY DENSITY IN MULTIFAMILY ZONES, ZONING CODE AMENDMENT (KIVA #200817) ZCA-2000-1 2 . SUMMARY STATEMENT: At the request of the City Council , the Land Use & Planning Board reviewed the proposal to modify the permitted density of single family development in multiple family zoning districts . Following a public hearing on February 28 , 2000, the Board voted to recommend an increase in the density of single family development to the same level permitted for multiple family development . _ 3 . EXHIBITS: Staff report 2/28/00 and LU&PD minutes 2/28/00 4 . RECOMMENDED BY: Land Use and Planning Board (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION:Councilmember 61,w /. ) moves, Councilmember "" L seconds to approve/ the Land Use and Planning Board' s recommendation for ZCA-2000-1 regarding single family density in multiple family zones, and direct the City Attorney to prepare the necessary ordinance . DISCUSSION: yin ACTION: rn r " Council Agenda Item No. 7A l rs CITY OF Jim White, Nla or rN V tCTA Planning Department (253) 856-5454/FAa'(253) 856-6454 Jamcs P. Harris, Planning Director STAFF REPORT February 28, 2000 TO: JON JOHNSON, CHAIR AND MEMBERS OF THE LAND USE & PLANNING BOARD FROM: FRED N. SATTERSTROM, PLANNING MANAGER RE: #ZCA-2000-1 SINGLE FAMILY DEVELOPMENT IN MULTIFAMILY ZONES In October 1999, the City Council Planning & Public Works Committee reviewed the issue of single family development in multiple family zones. As a result of their review, they voted to request the Land Use & Planning Board look into the possibility of increasing the potential density of single family development in the MR zones. On January 10, 2000, the Land Use & Planning Board (LU&PB) reviewed this matter in workshop and agreed to hold a public hearing on the proposal on January 24, 2000 which was continued to the February 28, 2000 public hearing. Background: Kent's multifamily zoning districts (MR-D, MR-G, MR-M, MR-H and MR-T) allow multifamily residential development in varying densities, as well as single family residential development. The highest density single family zone has always been used to determine the density and design of such developments in multifamily zones. Since the SR-8 zone permits the highest density of all SR zones, this is the zone, which is referenced in all MR districts for such development. Therefore, using the development standards of the SR-8 district, the maximum density for single family residential development in MR zones is 8.71 units per acre based on an average lot size of 5000 sq. ft. and a minimum lot size of 4000 square feet. With the multifamily densities set at 16, 24, or more units per acre, the Council Planning & Public Works Committee had concerns about the relatively low density of single family development permitted in the same zones. While few developers have expressed an interest in building single family homes on land zoned for multifamily development, the Committee members viewed the low density for single family as a disincentive. _'_'040, - A'E_50_. /ICI[N-F. ss.-AAIIP'GTO,N,m)",_;SOS/TlfI I,1,110M Please discard "erroneous page 4"that Land Use and Planning Board is attached to ZCA-2001- Single Family Development Staff Report for 2/28/00 Staff Report February 28, 2000 &replace with this correct Pace Twol Page 2 The first option would eliminate the maximum density standard of 8.71 units per acre while maintaining the existing 4000 sq. ft. lot size requirement. This would result in a permitted density of 10 units per acre (10.9 to be exact). This would allow single family development to occur at a higher density while maintaining viable lot sizes for detached single family homes. The second alternative would permit single family densities at the same level as multifamily development. Therefore, in the MR-M zoning district, the maximum permitted density for single family development would be 23 units per acre, the same limit as multifamily development. While this alternative provides a lot of flexibility for site design, it is somewhat impractical to develop detached living units in densities above 10 or 11 units acre and, it could potentially create single family residential environments with the appearance of overcrowdedness. The third alternative (Do Nothing) would maintain the current maximum permitted density for single family residential development at 8.71 units per acre. The minimum lot size requirement would remain at 4000-sq. ft., but the existing maximum density would remain as well (which, in effect, translates to an average lot size of 5000 square feet. Historically, there has been little developer interest in building single family residences in multifamily zones. In addition, there is not a large amount of vacant land currently zoned for multifamily residential. However, when confronted with the policy question of the appropriate permitted density of single family in multifamily zones, the staff feels that a higher density limit is warranted. Staff Recommendation: The Planning Department staff recommends that the existing maximum density limit of 8.71 units per acre for single family development be eliminated for the MR-D, MR-G, MR-M, MR-H and MR-T zoning districts. Staff recommends that the existing 4000 sq. ft. minimum lot size requirement for single family development continue to remain in effect in these same zoning districts. In effect then, the maximum density for single family development will approximate 10.9 units per acre based on the minimum lot size 1 PH\FNS\pm I I ICENTENNIAI USERSIPLANNINGIPUBLICIADMINWensio,.sfid.doc Enclosure cc: James P.Harris, Planning Director I i o4 1-0 Kant Cite C�w 15.04.171) Agricultural and residential zone development standards. Zoning Districts u 4 C O m — � V N q q O m 9 Q _N _N i5 Q Q Q Q 0 ¢C 9 E ¢ 'c m C C m C C m = C 9 C O = a a 'm o a cc m U u '� u m m Cc m T m '� ¢ Cc 'E E = T C T m m 'm E E 11 'e E m 'c IL IL m 4 LL 9 E m p m m a m m m 0 O m U U m Ol N C OI Q 0 O Fn CB< ¢ ¢ N Q to m C7 2 _ a ¢ Q ¢ ic�0 2 ¢ ¢ cc cr Cr CrQ ¢ 2 w N rn 0 0 � � � � � SF Dupe: SF Duplex MF I SF Dupe: MF SF Duper MF Maximumdensity: t 1 2-18 3.63 4.53 6.05 8.71 8.71 1 1171 16 8.71 27 8.71 40 dwelling units per alx dWx dsslx rxq/x dsstx dstx dstx du/x d K QNx dn/x dslx 01 m/x acre Minimum lot area: 34,700 1 ac 34,700 16,000 9,600 7,600 5,700 4,Oo0 4.000 8,000 4.000 8.000 8. 0d 5 4,D00 8.000 8,5W 4,000 8,000 8,500' square feet or sq itsq 1 son sq 8 sq If so it so 1 sq itsq ft so it so it2,So0 A it soft 1.600 sq X son 900sq acres,as noted sq n. sort It(3) _ 1 (2) Minimum lot width: 101 101 SOX 501 SOX 501 411 40ft BOX 40 it WX 111 401 BOX 1 BOX 10X BOX Boa feet(4) — Maximum site 11% 11% 30% 10% 451m 451', 50% 15% 55% 40% 51% 41% 11% 11% 41% 45% 55% 4D% 11% coverage:percent (5) (5) (5) (5) (5) 15) (5) (s) (5) (5) (5) (5) (5) of site Minimum yard requirements:feet (�) 204 30it loft fort loft loft to loft loft loft IOX Ion 101 "1 loft 20it 101 101 211 Front yard (6) (7) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (fi) 181 (8) (a) (a) (8) (8) (8) (8) (a) (a) (a) (8) (8) 191 (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (91 Side yard 15ft (10) 15 it 5X 5X 51 5i 51 54 5ft 5i 51 (11) 15X Si (11) 5X 5X (11) Side yard on flanking Soft 20rt 10X Ion I0If loft loft fort 10It 101 loft 15ft loft 10X 15X loft loft 15i street of a comer lot (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) (9) 191 Rear yard loft 15 it 5i 5X 5X 5i 5ft 5ft aft 5X aft 20it 51 8ft 20It SX Bft 20i AddlXonal (12) (13) (12) (14) Ito( _ _ (14) seMaekVdistances p5) I (15) (15) between buildings Height limitation:in 2-5 2stry/ 2.5 2.5 2-5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 3slry/ L5 2.5 13stryi 2.5 2.5 451ry/ stones/not to stry/ 35 it stry/ stry/ stry/ stryl suy/ slry/ s0y/ guy/ stry/ stry/ 40 X stry/ sUy/ 40 ft stryl stry/ 50 X exceed in feet 351 (17) 35i 35it 35ft 35it 358 301 30i 3si 30ft 354 30it 35it 30i 35ft (15) (18) Maximum impervious 40% 40% 1 40% 50% 60N. 701. 75% 75% 70% 75% 70X 75:: 1 70% 75Y. 70% surface:percent of (19) (19) (23) (23) (23) (23) (23) (19) (19) its) (19) (19) (19) (19) p91 total parcel area Zero lot line and The prowsms in KCC 15.08.300,15.08.310,15.08.320.and 15.08.330 shall apply. clustering(24) Signs The sign toWlaums of Ch.15.06 Kr,C shag apply OH-street parking The ol-streel patting requrements ol Ch.15.05 KCC shall apply. I 15-56 Kent C'ily COLIC IiU ;SO Zoning Districts V N m u V_ Q U U U V Q m m D Q U N N Q N N 9 ¢ N O• - T m C u O Q O c Q Q Iii -10 a a: m ¢ c E o O 2 72 a m a 72 M in M _T a: aw m m Q T T T T T C T m C m m C 4m. 11 m li IL m m S m 6 0 5 m a c n — V U C C 0 C C 7 O m Q J $ O < < ¢ N n O r0 m Q F Q Q Q Q Landscaping The Iarieuapng repueerneriu of Ch.15.07 KCC snag appy. Multifamily transition I (25) I251 (25) area Multifamily design I (261 (26) (26) reV19W AOGtanal standards for spmft uses are=taneo m Ch.15.06 KCC aria Ch.15.09 KCC. Additional standards (20) (20) (21) (Ord. No. 3439. § 2, 2-2-99) 15.04.180 Agricultural and residential land 6. Porches and private shared courtyard fea- use development standard cures may be built within the front building set back conditions. line. 1. Minimum lot area is eight thousand five hun- 7. For properties abutting on West Valley High- dred (8,500) square feet for the first two (2) dwell- way, the frontage on West Valley Highway shall be ing units, and two thousand five hundred (2,500) considered the front yard. square feet for each additional dwelling unit. 8. Proposed front yards less than twenty (20) 2. Minimum lot area is eight thousand five hun- feet in depth are subject to approval by the plan- dred (8,500) square feet for the first two (2) dwell- ning director, based on review and recommenda- ing units, and one thousand six hundred (1,600) tion from the public works department relative to square feet for each additional dwelling unit. the existing and future traffic volumes and right-of- 3. Minimum lot area is eight thousand five hun- way requirements as specified in the city compre- dred (8,500) square feet for the first two (2) dwell- hensive transportation plan and city construction ing units, and nine hundred (900) square feet for standards. each additional dwelling unit. 9. At least twenty (20) linear feet of driveway 4. To determine minimum lot width for irregu- shall be provided between any garage, carport or lar lots, a circle of applicable diameter (the mini- other primary parking area and the street property mum lot width permitted) shall be scaled within the line with the exception of an alley property line. proposed boundaries of the lot; provided, that an 10. An aggregate side yard of thirty (30) feet access easement to another lot is not included shall be provided. A minimum of ten (10) feet shall within the circle. be provided for each side yard. On a.comer lot the 5. Interior yards shall not be computed as part side yard setback shall be a minimum of twenty of the site coverage. (20) feet from the property line. I5-57 15 04_IS() KC!m (-:tb Cod: t . 11. Each side yard shall be a minimum of ten 16. The height limitations shall not apply to 10) percent of the lot width: however, regardless barns and silos provided that they are not located of lot width, the yard width need not be more than within fifty (50) feet of any lot line. thirty (30) feet. 17. Beyond this height, to a height not greater 12. Structures for feeding, housing and care of than either four (4) stories or sixty (60) feet, there animals, except household pets, shall be set back shall be added one (1) additional foot of yard for fifty (50) feet from any property line. each additional foot of building height. 13. Additional setbacks for the Agriculture 18- The planning director shall be authorized to General AG zoning district: approve a height greater than four (4) stories or a. Structures for feeding, housing and care of sixty (60) feet, provided such height does not animals shall be set back fifty (50) feet from any detract from the continuity of the area. When a property line. request is made to exceed the building height limit, b. Transitional conditions shall exist when an the planning director may impose such conditions, AG district adjoins a residential district containing within a reasonable amount of time, as may be nec- a density of two(2)dwelling units or more per acre essary to reduce any incompatibilities with sur- or a proposed residential area indicated on the city rounding uses. comprehensive plan. Such transitional conditions 19. Except for lots used for agricultural prac- shall not exist where the separation includes an tices, the maximum impervious surface area intervening use such as a river, railroad main line, allowed shall be ten thousand (10,000) square feet major topographic differential or other similar con- when the lot is greater than one (1) acre. ditions, or where the industrial properties face on a 20. The following uses are prohibited: limited access surface street on which the housing a. The removal of topsoil for any purpose. does not face.When transitional conditions exist as b. Grade and fill operations; provided, that ' defined in this subsection, a yard of not less than limited grade and fill may be approved as needed fifty (50) feet shall be provided. to construct permitted buildings or structures. c. Setbacks, Green River. Industrial develop- c. All subsurface activities, including excava- _ ment in the AG district abutting the Green River,or tion for underground utilities, pipelines or other Russell Road or Frager Road where such roads fol- underground installations, that cause permanent low the river bank, shall be set back from the ordi- disruption of the surface of the land. Temporarily nary high-water mark of the river a minimum of disrupted soil surfaces shall be restored in a man- two hundred(200)feet. Such setbacks are in accor- ner consistent with agricultural uses. dance with the city comprehensive plan and in d. Dumping or storage of ❑onagricultural accordance with the high quality of site develop- solid or liquid waste,or of trash,rubbish or noxious ment typically required for the industrial park areas materials. of the city and in accordance with the state Shore- e. Activities that violate sound agricultural line Management Act of 1971, and shall be no soil and water conservation management practices. more restrictive than, but as restrictive as, the 21. Outdoor storage for industrial uses shall be Shoreline Management Act. located at the rear of a principally permitted struc- 14. An inner court providing access to a dou- Lure and shall be completely fenced. ble-row building shall be a minimum of twenty 22. Mobile home park combining district, (20) feet. MHP. The standards and procedures of the city 15. The distance between principal buildings mobile home park code shall apply. General shall be at least one-half(1/2)the sum of the height requirements and standards for mobile home park of both buildings; provided, however, that in no design, KCC 12.04.520; Mobile Home Parks, Ch. case shall the distance be less than twelve(12) feet. 12.05 KCC. This requirement shall also apply to portions of the 23. Except for lots used for agricultural prac- -same building separated from each other by a court tices, the maximum impervious surface area ,r other open space. allowed shall be ten thousand (10,000) square feet. 15-58 Kant City Codc ' 01 :SU 24. 'Vtinimum lut width, buildin4 setbacks, and minimum lot size regulations may be modified consistent with provisions for zero lot line and clusterine housing development. 25. The requirements of KCC 15.08.215 shall apply in any multifamily transition area, which includes any portion of a multifamily district within one hundred (100) feet of a single-family district or within one hundred (100) feet of a public street right-of-way. 26. The requirements of KCC 15.09.045 for multifamily design review shall apply to any mul- tifamily dwelling of three (3) or more units. - (Ord. No. 3439, § 2, 2-2-99) 15-59 CITY OF J �NytCTA Jim White, Mayor Planning Department (253) 856-54541FAX(253) 856-6454 James P. Harris, Planning Director LAND USE & PLANNING BOARD MINUTES Public Hearing February 28, 2000 The meeting of the Kent Land Use and Planning Board was called to order by Chair Jon Johnson at 7:00 p.m. on Monday, February 28, 2000 in Council Chambers of Kent City Hall. LAND USE & PLANNING BOARD STAFF MEMBERS PRESENT MEMBERS PRESENT James P. Harris, Planning Director Jon Johnson Chair Kevin O'Neill, Senior Planner Ron Harmon, Vice Chair Pamela Mottram, Admin Secretary Brad Bell Mike Hattrup, Facilities Capital Proj. Coordinator Steve Dowell Larry Webb, Fire Marshal David Malik Mike Evans, Assistant Fire Marshal Terry Zimmerman Charlie Lindsey, Facilities Supt. LAND USE & PLANNING BOARD MEMBERS ABSENT Sharon Woodford, Excused APPROVAL OF MINUTES Brad Bell MOVED and David Malik SECONDED to approve the minutes of January 24, 2000. Motion carried. ADDED ITEMS TO THE AGENDA None COMMUNICATIONS None NOTICE OF UPCOMING MEETINGS None #ZCA-2000-1 SINGLE FAMILY DEVELOPMENT IN MULTIFAMILY ZONES Kevin O'Neill presented this amendment on behalf of Fred Satterstrom and stated that this amendment is being continued from the January 24 hearing. Mr. O'Neill stated that the intent of this amendment is to amend single family zoning densities in multifamily zoning districts. Mr. O'Neill stated that multifamily zoning district densities range from ten to twelve units per acre in the MR-D zone with up to forty units per acre in the MRH zone. Mr. O'Neill stated that these zones allow single family development but that the density is capped at 8.7 units per acre, the allowable density in the city's highest density single-family zone, SR-8. Mr. O'Neill stated that single family development standards are the same in multifamily and SR-8 zones with a minimum lot size of 4,000 square feet. '20 aih AVE. SO. 'KTNT. U'ACHIWITO N 030I'- TEI EPHOA'P Land Use and Planning Board Minutes February 28, 2000 Page 2 Mr. O'Neill stated that staff recommends retaining the allowable minimum lot size of 4000 square feet and eliminating the cap of 8.71 units per acre for single family development in multifamily zones. He stated that this recommendation would give developers the option to pursue a master planned development and a higher level of density of not more than 10.9 units per acre. Mr. O'Neill stated that eliminating the existing density cap would allow flexibility in laying out lot configurations particularly on larger sites. Mr. Harris stated that this recommendation allows for flexibility in the city in terms of the variety of housing that could be developed. Ron Harmon MOVED and Terry Zimmerman SECONDED to open the public hearing. Motion carried. Paul Morford, Post Office Box 6345, Kent, WA stated that he and his son own about nine acres in the downtown area between Fourth Avenue and the railroad tracks zoned MR-G, which they would like to develop into affordable single family homes. Mr. Morford stated that he concurs with Planning staff's report to retain the minimum lot sizes of 4000 square feet. Mr. Morford stated that after careful evaluation, he voiced his support for Option 2, which allows up to sixteen units per acre in single family zones. He stated that this option allows developers flexibility and would allow development similar to the Lakes. Mr. Morford submitted an article from the Puget Sound area on affordable housing as Exhibit#1 and a black and white photocopy of the Marin Grove development in Des Moines as Exhibit#2 for the record. He stated that some of the homes in the Mann Grove development are built on 2500 square foot lots which equates to approximately 16 units per acre, which is allowed in the MR-G zone. Brad Bell MOVED and David Malik SECONDED to close the public hearing. Motion CARRIED. Board members Steve Dowell, Brad Bell, Jon Johnson, Terry Zimmerman voiced their support for Option #2 as it provides more opportunity for development of affordable single family housing. Ron Harmon voted against Option#2 and felt that minimum lot size should be addressed. Ron Harmon stated that he supports staff s recommendation and voiced his concerns over density. Ron Harmon MOVED and David Malik SECONDED to recommend approval of#ZCA-2000-1 Single Family Development in Multifamily Zones as supported by staff to retain the minimum lot size of 4000 square feet and eliminate the cap of 8.71 units per acre for single family development in multifamily zones. Ron Harmon voted in favor with all other Board members voting against the motion. Motion failed. Brad Bell offered an alternate motion to approve Option#2 as proposed by Planning staff to permit single family densities at the same level as multifamily development. Mr. O'Neill stated that if the Board is inclined to change the single family density column for multifamily zones, he recommended that the Board include, as part of their motion, amending the minimum lot size for single family development in those zones. Mr. O'Neill stated that the existing lot size standard is 4000 square feet and you can not attain 16 units per acre with this size lot. Brad Bell MOVED and Steve Dowell SECONDED to recommend approval of Option Two for#ZCA-2000- 1 Single Family Development in Multifamily Zones to permit single family densities at the same level as multifamily development without consideration for minimum lot size at this time. Motion CARRIED with Ron Harmon opposed. IICEA' ENNIAIUSERSIPLANNINGIPA/O,7RAAfIUSERDArAILUPStAf/NUTES1000228mn.dor Land Use and Planning Board Minutes February 28, 2000 Page 3 #ZCA-2000-2 HAZARDOUS SUBSTANCES ZONING CODE AMENDMENT Mr. O'Neill stated that this amendment relates to changes to the current zoning regulations relating to hazardous substances land use siting. He stated that the applicant is Valley Communications Center known as Valley Com. Mr. O'Neill stated that the applicant proposes relocating their facility to Kent's East Hill and will require back up generator power with a 5000-gallon tank of diesel fuel. Mr. O'Neill stated that diesel fuel meets the definition in the Washington State Administrative Code of a hazardous substance because it has a flash point of less than 140 degrees fahrenheit. Mr. O'Neill stated that the Zoning Code currently doesn't allow hazardous substances in access of 500 gallons in residential zoning districts; hence, the need for the amendment. Mr. O'Neill stated that the Uniform Fire Code has regulations relating to diesel tanks, which includes tank location, setbacks, and separation from other tanks and venting. Mr. O'Neill stated that Valley Com brings this amendment forward for purposes of emergency dispatch. He stated that it is critical that Valley Com has availability for power 24 hours per day in the case of loss of electricity. Mr. O'Neill stated that the following five alternatives were discussed at workshop: ♦ To not change the regulations, thereby disallowing the applicant to relocate their facility on the proposed East Hill site. ♦ To exempt "essential public facilities"from the hazardous substance regulations of the Kent Zoning Code as requested by the applicant. Mr. O'Neill stated that the definition of an "essential public facility" would need to be clarified and stated that this term is used in the Growth Management Act. He stated that this alternative would exempt all hazardous substances for those types of facilities. ♦ To exempt diesel fuel tanks only and places limitations on size. Mr. O'Neill stated that staff recommends limiting the diesel fuel tank size to 6000 gallons as the Uniform Fire Code sets this limitation as a threshold. ♦ Exempt diesel fuel tanks only, add size limits to tanks in residential zones and add landscaping and screening regulations to reduce visual impacts of such facilities. Similar to Alternative Three (3), but would add additional landscape provisions. ♦ Eliminate hazardous substance zoning regulations entirely; regulate those uses only by the Uniform Fire Code. Mr. O'Neill stated that staff has focused on the use of diesel fuel and how it is regulated. Mr. O'Neill stated that the analysis section on page four of the staff report has the options numbered incorrectly. He stated that Option #3 should read as Option#2, and Options #4 and #5, addressing diesel fuel only, should read as Options #3 and #4. Mr. O'Neill stated that Option #5 would eliminate the hazardous substance regulations from the zoning code entirely. Mr. O'Neill stated that Planning staff recommends Option 4 to exempt diesel fuel tanks only from the hazardous substance regulations of 15.08.050 and adding a 6000-gallon tank size limitation. Mr. O'Neill stated that staff recommends adding other regulations relating to buffering above ground tanks. Terry Zimmerman MOVED and David Malik SECONDED to open the public hearing. Motion carried. Mike Sweeney, 23807 98th Avenue S, Kent, WA 98031 stated that he is the project manager for the Valley Communications Center new facility and that he is accompanied by Dave Clark, the project architect with Dave Clark Architects. Mr. Sweeney stated that he not only represents a publicly owned organization as Valley Communications Center but speaks on behalf of over 580,000 people served through the I I CE.NTENNIAI USERSIPLANNINGIPM07TRAMI US£RDATAIL UPB IMINUTESI000228nm.doc Land Use and Planning Board Minutes February 28, 2000 Page 4 emergencies communications industry in South King County who rely on our services in a critical circumstance or regional catastrophic event. Mr. Sweeney stated that Valley Com employs 87 staff who works twenty-four hours per day, 365 days per year and mimics the staffing of a police or fire organization. Mr. Sweeney stated that Valley Com is known in the industry as a Public Safety Answering Point. Mr. Sweeney stated that Valley Com receives calls, dispatches, coordinates and integrates the field response of Police, Fire and Medic 1 personnel in this region via phone, radio or electronic data communications equipment which relies heavily on the need for electrical power. Mr. Sweeney stated that the Valley Communications Center is the States largest multi jurisdictional dispatch center provider for State and Regional Emergency-911 service for the cities of Auburn, Kent, Renton, Tukwila and Federal Way, as well as fourteen additional fire districts located in the South King County region. Mr. Sweeny stated that their building is referred to as an "essential public safety facility" in some codes and as a telecommunications facility under some regulations. Mr. Sweeney stated that Valley Com answers 780,000 emergency 911 and business related phone calls per year as well as dispatches 380,000 calls per year. He stated that an emergency generator along with a 5000- gallon capacity diesel tank is necessary to guarantee that the Valley Com facility can continue to operate in case of a power fail condition for between 4.4 and 6.6 days. Mr. Sweeney stated that diesel is the most stable of all fuels that can be considered for this application. Mr. Sweeney stated that the diesel tank is located beneath ground with safety measures which include double- walled vapor detection electronics with alarm flags and a routine monitoring system that is displayed on an enunciator panel located in Valley Com's operation's room staffed continually. Mr. Sweeney stated that the generator's fuel supply lines are located inside the building and designed with duel flexibility. Ron Harmon questioned why it was necessary for the applicant to locate their facility within the East Hill single family residential area when numerous commercial buildings are available in Kent negating the necessity for this zoning change request. Mr. Sweeney stated that in order to site a facility like Valley Com, the owners determined that they would need approximately 24,000 square feet of building space to meet their current needs and expansion potential for over the next twenty years. Mr. Sweeney stated that the site for the facility need to meet the following criteria: ♦ There needs to be an optimal line of sight relationship between our radio tower currently built on that site and the remaining towers that exist in the King County emergency communications infrastructure, so elevation is important. ♦ The facility can not be located in a flood plain, such as certain areas in the valley where many commercial buildings predominate. ♦ The facility can not be located in proximity to a rail or industrial site where there might be a risk of chemical exposure or accident that occurs relatively often in the Valley floor ♦ The facility can not be located in a high-risk seismic zone, which excludes the Valley due to the liquefaction factor that occurs. Mr. Sweeney stated that the Valley Com facility is constructed to comply - with Zone 4 seismic standards, which are higher then conventional standards. ♦ The facility needs to be located on the West or East Hill to eliminate the seismic, flood plain and the rail transportation concerns. I ICENTENNIAI USERSIPLANNINGIPMOTTRAMI USERDATAI LMIMINUTES1000228&nn.doc Land Use and Planning Board Minutes February 28, 2000 Page 5 ♦ The facility needs to be located within the region where services are provided such as Kent, Renton, Tukwila, Auburn and Federal Way which limits some site locations. ♦ The site needs to be located in close proximity to transportation corridors for the convenience of staff and clientele. ♦ Mr. Sweeney stated that Valley Com must optimize their expenditure of public funds. Mr. Sweeney stated that based on these criteria, a professional and national land acquisition firm was hired who identified 25 to 30 facilities in Kent. Mr. Sweeney stated that many of these facilities were unsuitable due to their location within the Valley and because many buildings were constructed of concrete tilt-ups which would be costly to brace to seismic standards. Mr. Sweeney stated that Valley Com decided against buying an existing facility and searched for a three to five parcel site on the East or West Hill. He stated that a site was chosen at 108th and the 277th corridor. Steve Dowell questioned if the double walled diesel tank was housed in a vault. Mr. Sweeney stated that the diesel tank is not in a vault but that it is double walled and located under ground which satisfies code requirements, UL codes and building codes. David Clark, 11737 SE 256th Place, Kent, WA 98031 stated that the Valley Com facility is located at the intersection of 108th, approximately 80 feet vertically above the 277th Corridor within a residentially zoned area. Mr. Clark stated that the school in this area is 609 feet from the facility with the nearest structure located 350 feet away from the fuel tank. Mr. Clark stated that the fuel lines which run from the diesel fuel tank into the building are designed as a two walled system with one supply line set inside a secondary contaitunent system line fitted with a detection device to provide another level of protection for the supply lines. Bruce Creager, 18215 72nd Ave S., Kent, WA 98032 stated that he works with Barghausen Consulting Engineers on the MCI World Com project currently under review by the City of Kent. Mr. Creager stated that MCI is proposing a 100,000 square foot warehouse to house servers and computers to facilitate its Internet operations for the MCI World Com facility. Mr. Creager stated that this facility is one of 15 locations nationwide with the nearest other location in San Jose, California. He stated that the location chosen by MCI is an industrial area in the Green River Corporate Park selected to complement the industrial warehouse character of the building. Mr. Creager stated that part of the MCI operation would include placing a series of emergency generators together with above ground diesel storage tanks. He stated that emergency generators are critical to providing uninterrupted service, data transmission and network access. Mr. Creager stated that the emergency generators would be tested on a monthly basis and operational only in case of an emergency outage of power. Mr. Creager stated that MCI is a provider of life safety communications and intends to minimize and or to prevent any data loss or transmission that may occur as a result of a localized outage that could effect a regional network of information. He stated that he supports staff's recommendation to exempt diesel fuels from the hazardous substance regulations in the Kent Zoning Code. Brad Bell MOVED and David Malik SECONDED to close the public hearing. Motion carried. Assistant Fire Marshal, Lieutenant Michael Evans stated that one of the major differences for selecting underground tanks is not necessarily the regulations, but rather the desire for the proponent to get around IICEATENN/AI USERSIPLANN/NOIPNOTTRAMI USERDA TA IL UPBLyINUTES1000_'?Smn.dat Land Use and Planning Board Minutes February 28, 2000 Page 6 some of the insurance needs for above ground tanks. Lieutenant Evans stated that aboveground tanks are more susceptible to physical damage, where fuel would spill and affect the environment or present a more catastrophic danger such as a fire. Lieutenant Evans stated that the Fire Code has regulations for both underground and above ground tanks. Lieutenant Evans stated that diesel fuel does not evaporate like gasoline and it will typically not migrate from the location where it spilled, even with the presence of water on top of it. Mr. Evans stated that if contamination were to occur, it would be at or near the tank and that more damage could occur to the environment with a below ground tank leakage. Lieutenant Evans stated that he believes the proponent for Valley Com is indicating using fiberglass tanks. In response to Mr. Harmon, Mr. O'Neill stated that a 5000 gallon limitation would work for the specific applicant's purposes. However, staff recommends the Uniform Fire Code's existing threshold of 6000 gallons for diesel fuel tanks. Ron Harmon MOVED and David Malik SECONDED to recommend approval of Option 4 to #ZCA-2000-2 Hazardous Substance Zoning Code Amendment as follows: ♦ exempt diesel fuel tanks for oil-buming equipment in non-residential zoning districts from the hazardous substance regulations of 15.08.050; and ♦ exempt diesel fuel tanks for oil-burning equipment of up to 6000-gallons in residential zones from the hazardous substance regulations of 15.08.050 for "essential public facilities" only; maintaining the existing 500-gallon limit for hazardous substances for residential uses; and ♦ Establish a 5-foot landscape buffer around all aboveground diesel fuel tanks to buffer the visual impacts of such tanks and grant the Planning Director the discretion to increase or modify this requirement relative to specific circumstances. Motion CARRIED unanimously. ADJOURNMENT Ron Harmon MOVED and Brad Bell SECONDED to close the meeting. Motion carried. The meeting adjourned at 8:10 p.m. Res ectfully Submitted, James . arris Secr ary 1ICEN7ENA7d I USERSIPLANNINCIPAIOTTRAMI USERDATA IL UPBURNUTES1000228mn.doc Date April 4 , 2000 Category Other Business 1 . SUBJECT: NELSON ANNEXATION, 10% PETITION AN-99-1 2 . SUMMARY STATEMENT: The Nelson Annexation was postponed at the January 18 , 2000 City Council at the request of the petitioner and was rescheduled for tonight ' s Council meeting. This meeting is a result of a City Council Notice of Intention to Commence Proceedings from owners of not less than 10 percent in value of property adjacent to Kent . The proposed 23-acre annexation is located between the Union Pacific and the Burlington Northern-Santa Fe Railroads and north of S . 277th Street . 3 . EXHIBITS: Staff report, map, policies and strategy and application 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to reject the 10 percent annexati petition for the proposed Nelson annexation OR to accept the 10 percent ann xation petition and to authorize the circulation of the 60 p rcent petition for the proposed Nelson Annexation subject o the city' s existing indebtedness . DISCUSSION: ACTION: Council Agenda Item No. 7B CITY OF •-�' I ,nywtl- Jim White, Mavor Planning Depamnent (253) 556-5454,F4X(233) 856-6434 James P. Hams, Planning Director MEMORANDUM November 16, 1999 �[E.M0 T0: Mavor Jim White and City Council members FRObC James P. Hams, Planning Director SUBJECT: NELSON ANNEXATION: NOTICE OF INTENTION TO CONLMENCE .-NNEXATION PROCEEDNGS FROM OWNERS OF NOT LESS THAN 1001 N VALUE OF PROPERTY ADJACENT TO KENT (#AN-99-1, KIVA #9902555) MEETNG DATE: NOVEMBER 16. 1999 N COLNCIL CHA,vIBERS WEST AT KENT CITY H.L.L. I. Names of Petitioner Jack Nelson 601 W. Gowe Street Kent. WA 98032 (253) 851-7200 II. Location The proposed annexation is generally located south of Kent and lies between the Burlington Northem-Santa Fe and Union Pacific Railroads and north of and adiacent to South '_7'`" Street. 7S`h .avenue South traverses the easteriv portion of the proposed annexation. III. Size of the Proposed Annexation The proposed annexation is approximately 23 acres. IV. Background Information There are rwo single-family residential units located on the site. The Nelson annexation area and the area lying to the north and across the Burlington Northern-Santa Fe Railroad from the annexation site, is designated by King County as part of the Lower Green River A--ricultural Production District (APD). As noted in Memo To: iVlayor Jim White and City Council Members Re: Nelson Annexation (AN-99-1, Kiva #9902555) Page 2 section V., King County's land use designation for the Nelson annexation area is Agriculture and the County's implementing zoning designation is A-10 — Agricultural. Kent's land use designation for this area is also agriculture (Kent does not prezone areas in its Potential Annexation area). Recently a number of proposals have been made by King County which are geared toward protecting the APD. These include: zi Policies regarding agricultural production districts not being annexed by cities and keeping the Lower Green River Agricultural Production District specifically in unincorporated King County were proposed as part of the 1999 King County Comprehensive Plan amendments in late 1998. zi The King County Growth Management Planning Council (GMPC) voted on June 16, 1999, to amend the countywide planning policies to not allow cities to annex agricultural production district lands and keep the Lower Green River APD in unincorporated King County. :o On October 4, 1999, the King County Council's Housing and Policy Plannin; Committee voted to support the proposed amendments to the King County Comprehensive Plan relating to keeping APDs in unincorporated King County (Kent protested this action based on the belief that the County should not, through legislation, tell cities what areas they can and cannot annex; Kent's protest was not based on the agricultural issues). z The King County Council will hold a public hearing on the APD amendments on November 15, 1999. Kent has maintained an agricultural program since the 1980s wherein large areas within the City haye been zoned to retain agriculture. In addition to maintaining agricultural areas within the City, Kent has also applied comprehensive plan agricultural designations in the City's Potential Annexation areas (PAAs). The City Council has created a Development Rights Acquisition fund similar in intent to the County's Purchase of Development Rights funded program. King County has purchased the development rights of numerous parcels of agriculturally designated lands in and around Kent. Development rights have been purchased to the north and north east of the Nelson property and at the northwest comer of South Central Avenue and South 277" Street. Development rights have been purchased for most of the property lying east of South Central between the Green River and South 277`h Street. V. Kine Counrv's Comprehensive Plan and Zoning Memo To: 'Yiavor Jim White and City Council Members Re: Nelson Annexation (AN-99-1, Kiva R9902555) Page 3 King County's Comprehensive Land Use Map's land use designation for the Nelson annexation area is Agriculture. The County's zoning for the Nelson annexation area is A-10-Agricultural, one dwelling unit per acre. VI. Kent's Comprehensive Plan Desio-nation Kent's Comprehensive Plan designation for the Nelson annexation is Agriculture. Kent has not prezoned this area. If the area is annexed to the City, staff will analyze the existing County Comprehensive Plan land use designation to determine its appropriateness for Kent and will make a recommendation to the Land Use and Planning Board to amend Kent's Comprehensive Plan by adding the Nelson area to the plan. The Board will ultimately make a recommendation to the City Council who will make the final decision as to what Comprehensive Land Use designation will be placed on land in the Nelson annexation area and what the implementing zoning designation will be. VII. Imoacts to City Operations All City departments were contacted concerning this proposed annexation. Depa=ent comments are as follows: FIRE DEPARTMENT The Nelson annexation area is currently served by the Kent Fire Department through a contract with King County Fire District 37. There is limited access to this area due to the bridge weight limits on the bridge that spans the Green River south of South 259`h Sire--[ at 78" Avenue South. If this property develops there needs to be strong consideration for built in fire protection. PUBLIC WORKS DEPARTMENT WATER The Nelson annexation area is served by Cir, water. There is an 8-inch water main in both 7S`h Avenue South and South '-7%"' Street. STREETS South 277 h Street lies totally within the City of Auburn and is maintained by Auburn. Aubum's plans for improvements to South '_77`h Street include widening to 5 lanes and over passes at both railroads. Street maintenance and vegetation control, upon annexation, would be carried out by Ken[ along that portion of 7S'h Avenue South lying within Kent's jurisdiction (about 300 feet). Memo To: Mayor Jim White and City Council Members Re: Nelson Annexation (AN-99-1, Kiva T9902555) Page 4 Storm water runoff from South 277ih Street would normally be conveyed to ditches on each side of the street; however, such ditches are not currently visible. SEWER The Nelson annexation is in Kent's sewer service area, but the City does not have sewer lines in the area. METRO will be constructing an interceptor sewer line in the 277`h street right-of-way along the entire length of the Nelson property. It is assumed that for the Nelson property to be serviced by sewers a City extension, at the property owner's expense, would have to be made to the METRO line. VII. Financial Information At the present time the annual revenue from the proposed annexation is expected to be approximately. VIII. Ciry Artrtexation Policies Kent's adopted Annexation Policy and Strategy is attached to this staff report. P J[M-rPAN98/.DOC NELSON ANNEXATION UNION PACIFIC RAILROAD e•.�r�m—_�-- PROPOSED ANNEXATION I --j ; 23 ACRES N ` r� -•3 } n a er �S' Ll BURLrjNTON NORTHERN — SN ATA FE RAILROAD - \\ � lid O • ' — —+ _ ��' i O• .........�.��.�_•. SOUTH CENTRAL KEvT'S ANNEXATION POLIO- AND STRATEEGY POLICIES i. Tne Ciry's annexation goal is to be consistent with growth management requirements, which include annexations of the remainder of Kent's Potential Annexation Area (P,4A). The City should assist citizens who have expressed a desire to annex to the City. 3. To the extent possible, operating impacts from previous annexations need to be absorbed prior to considering additional annexations. ». T'ne City shall identify, to the extent possible, the revenue and expenses associated with each annexaron. The City shall identity the capital facility impacts associated with each annexation and shall determine costs and a timeline to accomplish such improvements. 5. Levels of service in the existing City shall not be diminished because of new annexations. 6. The City shall require all development within the PAA that desires City utilities to sign no protest agreements and agreements to develop in conformance with Kent's Comprehensive Plan designation and to Kent Public Works standards. Tne City shall not ininate Comprehensive Plan amendment and zoning amendment hearings, for an annexation area. until the City Council adopts an annexation ordinance. S. Amer the Ciry Council adopts an annexation ordinance, the actual date the annexation takes place shall coincide with the availability of revenue, to the maximum extent possible, to be received by the City for the annexed area. 9. The prefer-red method of annexation is through the property owner petition method. However, no protest annexation agreements as well as the election method may from time to time be in the citizen's and City's best interest. 10. The highly developed urban areas within Kent's P.AA shall have a high priority for annexation to the City. : :. I:the urban-rural line, as adopted by King County adjacent to Kent's PAP., is moved beyond the cures: line, the City will reexamine the FAA boundary in light of future annexation impacts. ANNEXATION STRATEGIES :. Keat should finalize the proposed incerlocai aeree-:nest benveen Kent and Renton before any armexanons are anemptcd in the PAA lying to the northeast of Kea:. The rural areas within Kent's PAA should have a lower annexation priority than the urbanized area lying to the norh cast of the City. _. Kc-'s next annexation should be the urbanized area lying westerly of 1080' Avenue S.E. and between S. E. 2000 Strcet and S.E. 225N Place. rollowing the annexation mentioned to s,:atcgy 3, the City should explore the possibility of annexing the urbanized area easterly of IOSN Avenue S.E., including the Park Orchard area. \L'nile sr tcgy number 3 is being caned out, a possible annexation lying nosh of S.E. 2400 Street and extending to approximately S.E. ??_N St cc, and lying bewecn 116N Avenue S.E. and Soos Creek should be explored. ,. CITY `.S n� PLANNI14C D_?nS-MENT ctry OF MAIL TO RECEIVEO City ofKcn( SEP 2 9 1999 Property ManagemerlL, env� 220 ath Avenue South en'W'+e Kent,Wa. 98032 Evr Attn:Gerald McCluelun NOTICE OF INTENTION TO COMMENCE �fANNEXATION PROCEEDINGS \� NAME OF PETITIONER: *���` IV64s:I'/ _ TO. THE CITY COUNCIL OF THE CITY OF KENT. WASHINGTON We,the undersigned property owners,believe our property constitutes not less than 107: in value,according to the assessed valuation for general taxation,of property contiguous to Elm _ City of Kent, and do hereby notify you of our intention to wmmence annexation proceedings seeking the annexation of the following described property to the City of Kent,by circulating a petition therefore among the property owners of said areas. The territory proposed to be annexed is within King County, Washington,and described as rallo.s. AliOVF OR ATTAf HF)DFSf'RIPTtON ND—TO OF I'c Pn cDR t eGAi OR ORnIN Nf F Pt IRPOSFS WIIEREFORC, these mutating panics respectfully reauev the Honorable Council to set a date for a uheeung whit these initiating panics within 60 days from the date OF filing this notice to decrmine whether the City of Fem will accept the proposcd annexation APPROVED AS TO FORM L(It'L1— Toni Bndhakcr Assistant CIK i-a 'i1 - r -sue .. ...u. 5] a. ..o p-.•Jn.+o i. v�, fn'...a;a•w ..'-w H�hu, ..0 ... nu... n. ..... .... PRINT NAME G ADORESS IN INK LEGAL DESCRIPTION SIG. _N NITH. PROPER SIGNATURE aiE ILOT, BLOCK G PLAT OR TAX LOT johl n _NA Nalaan, G01 W Gove St., I I Tax Lot i Nancy S- suer, 155 S Community Clun Tax Lot i Road Shelton, WA 98585 I I Fred F. N on y I Tax Lot i ]5]07 91t!! Ave. St. , Kent. WA 98031 I I I � ( I I i I I I I I V9 Kent City Council Meeting Date April 4 , 2000 Category Bids 1 . SUBJECT: KENT DOWNTOWN ROTARY BASKETBALL COURT 2 . SUMMARY STATEMENT: The bid opening on March 24 , 2000 for the Kent Rotary Downtown Basketball Court project resulted in eight (8) bids . Mer-Con, Inc . was the low bidder at $39, 566, plus Washington State Sales Tax. The Engineer ' s estimate was $75, 000 . The Parks Director requests awarding the contract to Mer-Con, Inc . for the Kent Rotary Downtown Basketball Court project, in the amount of $39, 566, plus Washington State Sales Tax. 3 . EXHIBITS: Bid tab 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $39 , 566 SOURCE OF FUNDS : Rotary Donation & CIP 7 . CITY COUNCIL ACTION: ClCouncilmember�_moves, Councilmember C / seconds to accept the bid from Mer-Con, Inc . for $39, 566 , plus Washington State Sales Tax for the Downtown Rotary Basketball Court project and to enter into a contract . DISCUSSION: �D ACTION: n �/ Council Agenda Item No. 8A BID TABULATION FORM KENT PARKS AND RECREATION DEPARTMENT KENT, WASHINGTON PROJECT: Downtown Rotary Basketball Court LOCATION: James Street/Interurban Trail BIDS DUE: 3/24/00, 10:00 a.m. BIDS OPENED: 3/24/00, 10:15 a.m. BIDDER: BASE BID: ADD. I ADD. 2 ADD. 3 ADD. 4 1. Mer-Con Inc. $39,566.00 Maple Valley, WA 2. Hot Mix Pavers, Inc. $46,006.00 Seattle, WA 3. Tydico Inc. $53,340.00 Maple Valley, WA 4. DA Zuluaga Construction Inc. $54,350.00 Seattle, WA 5. Surface Technologies $61,850.00 Woodinville, WA . Success Construction, Inc. $62,500.00 Kent, WA 7. Father & Son Construction $62,900.00 Inc. Tacoma, WA 8. TF Sahli Construction Inc. $68,480.00 Seahurst, WA ENGINEER'S ESTIMATE: $75,000 The apparent low bidder is Mer-Con Inc. for $39,566.00. City staff will review all the bid documents. The bid will be presented to the Kent City Council for acceptance and award on Tuesday, April 4, 2000. If you have any questions, please call Parks Planning and Development (253) 856-5110. � ®3 m� ® Kent City Council Meeting Date April 4 , 2000 Category Bids 1 . SUBJECT: S . 196TH STREET CORRIDOR STREET IMPROVEMENTS, WEST VALLEY HIGHWAY TO EAST VALLEY HIGHWAY 2 . SUMMARY STATEMENT: Bid opening for this project was held on March 28th with four (4) bids received. The apparent low bid was submitted by Scarsella Bros . in the amount of $3 , 732, 572 . 74 . The Engineer' s estimate was $4 , 051, 226 . The Public Works Director recommends that upon his concurrence, the Mayor be authorized to award this contract to the most satisfactory responsible bidder. 3 . EXHIBITS: Public Works Director memorandum 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc . ) S . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6 . EXPENDITURE REQUIRED: $3 , 732 , 572 . 74 SOURCE OF FUNDS : R92 Ell 5510 (S . 196th Corridor) 7 . CITY COUNCIL ACTION: p. Councilmember�moves, Councilmember seconds that upon the Public Works Director ' s concurrence, the Mayor be authorized to award the S . 196th Street Corridor West Valley Highway to East Valley Highway contract to the most satisfactory responsible bidder. DISCUSSION: - nn ACTION: l� Council Agenda Item No. 8B DEPARTMENT OF PUBLIC WORKS March 29, 2000 TO : Mayor & City CounlIoil �� FROM: Don Wickstrom '�,�d RE : S . 196th Street West Valley Highway to East Valley Highway Bid opening for this project was held on March 281h with 4 bids received. The apparent low bid was submitted by Scarsella Bros . in the amount of $3 , 732 , 572 . 74 . The engineer' s estimate was $4 , 051 , 226 . 00 . The Public Works Director recommends that upon his concurrence, the Mayor be authorized to award this contract to the most satisfactory responsible bidder. Bid Summary Scarsella Bros $3 , 732 , 572 . 74 RCI $3 , 744 , 557 . 12 Tri-State Construction $3 , 999, 031 . 84 Gary Merlino Construction $4 , 400 , 548 . 70 Engineer' s Estimate $4 , 051, 226 . 00 MOTION: Councilmember moves, Councilmember seconds that upon the Public Works Director' s concurrence, the Mayor be authorized to award the S . 196th St Corridor West Valley Highway to East Valley Highway contract to the most satisfactory responsible bidder . EXPENDITURES : $3 , 732 , 572 . 74 SOURCE OF FUNDS : REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE [ ILco C. PUBLIC SAFETY COMMITTEE Wry L4 D. PUBLIC WORKS �/t�G/L L �`�a �✓ j{ L-I D 351 E. PLANNING COMMITTEE 5- 1 5 �✓'� VAkwv- F. PARKS COMMITTEE WA f 1 pn G. ADMINISTRATIVE REPORTS r-o 7�� OPERATIONS COMMITTEE MINUTES February 1, 2000 COMMITTEE MEMBERS PRESENT: Chair Rico Yingling, Leona Orr (filling in for Judy Woods), Tim Clark STAFF PRESENT: Tom Brotherton, Brent McFall, Dena Laurent, May Miller, Jackie Bicknell PUBLIC PRESENT: Tom Wood, Pat Curran, Dee Moschel, Jim Bitondo, Linda Johnson The meeting was called to order by Chair Rico Yingling at 4:05 PM. Approval of Minutes of January 4, 2000 Committee Member Tim Clark moved to approve the minutes of January 4, 2000. The motion was seconded by Committee Member Leona Orr seconded the motion which passed 3-0. Approval of Vouchers Dated January 281h and January 31", 2000. Finance Director May Miller said there were two batches of vouchers because the State RCW and the auditor's office require that the December expenditures be held open until the end of January so that all the costs can get in the correct year. One of the batches of vouchers is for December and the other is for the January services. Tim Clark moved to approve the vouchers dated January 28`h and 3151 of the year 2000. The motion was seconded by Leona Orr and passed 3-0. Kent Downtown Partnership Final Quarter Report for 1999 Linda Johnson says the report shows the in-kind match figures plus the financial match for money from the City of Kent for the Downtown Partnership. The total match from the community for the S32,000 that was invested by the City into the Partnership was $107,222. Included in the packet is a list of people who were contributors last year, and the statistics from the State of Washington. KDP keeps track of what's going on in the Kent community versus what's going on in other communities, and that tracking shows that Kent is doing very, very well. Right now there is concern about vacancies on Meeker Street. Normally there are about 10 vacancies in the downtown area, but it happens that most of the vacancies now are on one block and looks like things are much worse than they really are. Mr. Norwood who had owned the main bank of properties on Meeker Street passed away in the middle of December and a new property manager is taking over which will facilitate some of those spaces filling up. Remodeling will be done to make some of the spaces smaller and therefore easier to lease. There are a couple of sales pending on other properties downtown, and a couple of new businesses. A new model train store will be moving in on 151 Avenue across the street from the Tracks Restaurant which adds to the railroad theme. The Wild Wheat Bakery and Cafe opened Monday and offer very specialized foods, but won't be open on weekends. At the Market, there are 24 permanent vendors on site, and a total of 39 vendors. The meat market finally started their construction and should be open by Valentine's Day. There are two tuna vendors that share one space. One actually catches his own tuna and does fresh tuna products like steaks and sushi. The tuna is frozen as that's the only way the Health Department will allow it, but the other vendor does canned tuna and also has smoked and kippered products. Other products at the Market Operations Committee Minutes, 2/1/00 2 include honey, specialty hot sauces,jams and jellies, wooden toys, flowers, and vegetables. The Garlic Garden from Pike Street will probably be opening within the next month, and will sell every kind of roasted garlic and garlic product alone with roasted cashews. A Boeing Cash Machine has just gone in for a permit and that will be installed on the north side of the building. Tuesdays, Wednesdays, and Thursdays are still very, very slow for customers coming in, but Fridays, Saturdays and Sundays are doing very well. Weekend before last there were about 2500 people through on Saturday, and this last Saturday there were over 3000 people through. The Market has only been open on Sundays for five weeks and there were over 500 people through on Sunday. The only complaint from the public is that it's cold in there. A new employee will be brought on to help out. Things are on track, almost exactly where anticipated for this time of the year, based on the number of vendors. Summer vendors are already starting to stake out their territory. They are very territorial and like to have a specific spot, so they are sending in their registration fees to mark their space for the summer season. The Market is open from 11:00 AM to 7:00 PM, Tuesday through Friday, 10:00 AM to 5:00 PM on Saturday, and 11:00 AM to 4:00 PM on Sunday. When the summer market opens, vendors will also be set up outside, and the Market will be open from 9:00 AM to 5:00 PM. Rico Yingling asked about the status of the tiles. Ms. Johnson said there were only eight family tiles left, but more corporate tiles. There has to be four consecutive days of above 50 degree weather with no precipitation to set the tiles. Construction left to do is to install the cash machine, some sinks for the meat market, and a wall finished. Ms. Johnson said she is looking for a permanent deli food vendor that would sell finished product consumer foods. KDP started reporting to the state in 1993. Since that time there has been an increase of 684 jobs and 123 businesses in the downtown district. Private investment has totaled S42,340,000. Public Investment, because the Justice Center project was such a huge project, put Kent at about S167 million in the downtown and an additional 755 jobs in the downtown district. Mr. Yingling asked what was planned for KDP for this next year. Ms. Johnson said the first meetings with the merchants have been held. The special events that will happen in the downtown have been divided up so different people will be in charge of different events. Someone will be in charge of the Open House, someone in charge of the Chalk Festival, and someone in charge of the Winterfest. The Lions Club and the Kent JC's have both been asked if either one would be interested in taking the parade on as an event for their organization. A lot of the people who are volunteers for the parade are merchants and work in their own businesses on December 2" , so it's been very difficult to come up with enough volunteers. The Police Department's youth organization and the young Kiwanians are asked to fill in some of the gaps. President Jim Bitondo of the Downtown Merchants has asked Glenda Pugeruud to be the Economic Development Chairman. There's been meetings with several property owners in the last couple of weeks with the Ben Franklin building coming open for sale or lease and there is activity going on for that space. A couple of people are interested in purchasing The Golden Blend, and an alternative financing source has been found for them. There are sidewalk projects coming up this summer which means lots of meetings with lots of people. Operations Committee Minutes, 2/1/00 3 Financial Report for November May Miller said that the Cash and Investment Schedule on Page 3 is kind of a snapshot of the financial health of the City and is grouped by types of funds such as Operating Funds, Internal Service Funds, Debt Service, Capital, and other miscellaneous funds. Operating Funds has a 10% fund balance that's kept in the General Fund so the City can continue to pay expenses until the property taxes start coming in. Other operating funds such as water, sewer, and golf have the same situation where they need to keep operating cash available to carry forward to pay staff. Each fund may have capital, operating, and debt pieces, and taken as a whole, they are in fine shape. Sometimes one piece or the other will need to transfer money. A requirement for the General Obligation Funds is to have enough cash in the Debt Service Funds to make the first debt payment. The City is required to have a 12% fund balance for any assessments and as a zuarantee in case some of them default. For the Water, Sewer and Golf Funds, the City is required to keep one year's worth of debt payments in reserve as part of the bond requirement. For the Capital Projects, the City sells bonds and then it takes about 18 months to a year to spend that down. The last issue sold last year was S22 million of which about half has been spent. The biggest portion of money in the Capital Improvement Fund, $10 million, is for the Water Pipeline. The City has been saving that money for 20 years. The other projects are in progress and there is always a certain amount of money for them in the Capital Improvement Fund. The total Fund balance as of November was S93,626,000 in cash and investments. The City has a City Investment Policy that's recognized at the national level and has quarterly meetings where policies and changes are reviewed and discussed. The Chairman of the Operations Committee sits as a member of that committee. Continuous improvements are reviewed, and the Committee meets quarterly with the bank to talk about new bank products. Banks are seeing an increase in fraud so at the last meeting fraud was discussed and the bank advised staff as to what should be done to counter fraud. The City will take advantage of a couple of new products the Bank has. One is called Positive Pay where every day, every check issued is remitted to the bank. The checks are positively matched for protection. A new Windows product will help with some different safeguards in the Accounts Payable area. The Accounts Receivables page shows all the Local Improvement District assessments and their aging. Some are for 10 years and some for 15. They're not considered delinquent until they're two full years and four months past due and that's why there is a big balance. The LIDS have always eventually paid because of the strong lien and collection abilities. The miscellaneous receivables are primarily grants that the City is working on with the County. Pages 6 and 7 show all the City's Outstanding Debt which includes all the General Obligation Debt, voted and non-voted; contracts; LIDs; and all of the revenue bonds. Two big principle payments are made each year, one in June and one in December. Page 8 details the Capital Improvement Plan which would have to be reviewed and approved by Council before it could happen. Voted issues would have to have Council and voter approval. Rico Yingling asked what too much capacity use would be, as it looked like the City was using up to 73% of its capacity. Ms. Miller said capacity wasn't as important as being able to afford to make the payments. Director of Operations Brent McFall said those schematics would have to be done very carefully, and usually the rating agencies would help determine what is excessive. Typically, being above 80% of the debt capacity would be questioned, so that is an area to stay below. Even then, sometimes there are circumstances that can be explained to the satisfaction of a rating agency. Operations Committee Minutes, 2/1/00 4 The General Fund Revenue in November was 1.2% over budget, which is close to budget when the total is $46 million. The December, 1998 report showed the City to be $1.5 million over budget, so revenue was down considerably compared to last year, however the City saved more money because of the hiring freeze. Property Tax on Page 11 is almost always collected at 98-99%. Sales Tax at this time last year was $1.5 million over budget. This year through December, it was under budget by $375,000, which equals $1.9 million less in actual collections of sales tax. Part of that decrease was due to some one-time-only projects. In the wholesale area, collections were down $1.4 million, or 21% under budget. In manufacturing, they were down $608,000, or 35% under budget. Retail is up 5.6%, and the service area is showing fairly strong. In Utility Tax, staff did some auditing which resulted in some collections. Because of the annexations, the borders are sometimes difficult to figure out, especially the big apartment areas right at the borders, so staff has to continually watch to make sure the money is coming in that should be coming to Kent. Building Permits were at $1.4 million, which was 2% over budget. In response to a question from Tim Clark, Brent McFall said the activity level for permits continues to be very high with more residential permits now than in the past. Several factors contribute to that: much of the City's industrial property is already developed and there is not a lot of major new construction going on, although there are always tenant improvements and change of tenants to create a certain level of activity in the industrial area. The annexations over the last three or four years have provided an inventory of land zoned residentially which the City didn't have before annexation, and there have been a number of platting activities that have created an inventory of lots. That translates into new building permits for single family homes or condominiums. So the number of permits are up, but the value per permit is down because it is for a house, not a million dollar industrial building. There has not been a drop-off in activity levels, and the market continues to be attractive with interest rates not seeming to have an affect. Mr. McFall said there are still a great deal of unknowns as to what the true impacts of Initiative 695 are. For example, there is no interpretation yet of what no increase in taxes means with respect to property tax. Dollar amounts could be frozen at the rate collected this year or the current property tax rate, and the value of new construction could be added into the base. One of the things that staff will be looking at very carefully are the impacts that Internet sales or electronic sales have on sales tax collections. Electronic retail is essentially sales tax free. The National League of Cities has been working to address that problem which is a very divisive issue at the national level. Some states are sales tax dependent states who see Intemet sales as a potentially significant blow to their revenues, both at the state and municipal levels. Other states are not sales tax states, Oregon for example, and the subject is not much of an issue. The real issue is the faimess with the main street retailer who does have to collect sales tax. May Miller said that Page 16 of the financial report shows the dollar value of new construction is up compared to November 1998 so there have been some larger new construction projects or renovations as well as residential construction. Recreation Fees are very close to budget at 2.2% over. Fines and Forfeits have been over budget all year. Water Operations and Sewer and Drainage are right on budget. The Golf Course Fund through November was $603,000, or 17%, under revenue projections. Page 23 shows the number of job vacancies. There were 37.6 vacancies in December this year and last December there were 24, so there are definitely more positions vacant which saved money for the General Fund. The January report will show deleted positions instead of vacancies. Operations Committee Minutes, 2/1/00 5 Real Estate Excise Taxes are up because of sales of commercial properties, which helped to create a healthy fund balance in the Capital Fund. Rico Yingling asked if the future would bring a new municipal utility that would manage cable, and if so, where the revenue would come from. Brent McFall said some cities are setting up their own cable TV utilities, but those are almost exclusively cities that also operate a municipal electric utility and already have the infrastructure in place. If Kent or any other city were to start up something like that, they would first have to do an exhaustive financial/feasibility analysis and then, based upon that, could probably issue utility revenue bonds which would then be paid back by the revenue that the utility would generate. The meeting was adjourned at 4:52 PM. Jackie Bicknell City Council Secretary PUBLIC WORKS COMMITTEE MEETING MINUTES MARCH 6, 2000 COMMITTEE MEMBERS PRESENT: Chair Tim Clark, Connie Epperly, Rico Yingling STAFF PRESENT: Don Wickstrom, Bill Wolinski, Tom Brubaker, Jackie Bicknell PUBLIC PRESENT: Barb Ivanov The meeting was called to order by Chair Tim Clark at 4:02 PM. Two items were added to the agenda: The 196`h Street Corridor Project and 42" Avenue South Boundary Adjustment Ordinance. Amaroval of Minutes of February 7. 2000. Committee Member Connie Epperly moved to approve the minutes of February 7, 2000. The motion was seconded by Committee Member Rico Yingling and carried 3-0. Freight Mobilitv Dollars Public Works Director Don Wickstrom said the Kent Chamber of Commerce undertook a study looking at Freight Mobility on a system wide approach to determine what non- structural improvements and process changes could be made that would make a significant difference in the movement of freight. One minute of delay in traffic for a trucker adds, over a 20 year period, a million dollars or so to the value of a piece of property. When people look for property, they have to consider those added operational costs. If this plan is successful, saving one minute would save a lot of dollars. The City had originally authorized S20,000 in the budget over a two-year period, but has received another bill for S10,000 more. That means the City's share would be S30,000. It appears to be an accounting error in the carryover of last year's number as the money is already in the budget. Kent Chamber of Commerce Executive Director Barb Ivanov gave an update on the results of the model Freight Mobility Systems Improvement Project. For freight to move through the ports, across the state and all the way to Asia, there has to be a strong working partnership with the service agents that work in those areas, so a lot of time was spent on gathering together a team. Partners include The Federal Highway Administration, The Washington State Department of Transportation, labor, private industry, The Boeing Company, trucking firms, expeditors, and freight forwarders. The team had a chance to learn how the partners in the system work and what drives their decision making; they had a chance to coalesce around issues that are important to the end user customer. One specific outcome of the initial project is a partnership with TRACK, a state associated transportation group that has worked with the in-state team on how to get stuff moved around the state more effectively and efficiently. They placed cameras on video cams at select points on the approach to the waterfront that feed information back to the DOT website. Even though DOT already has cameras, the team Public Works Committee, 3/6/00 Page 2 was able to choose locations that would be useful to the freight industry. The trucking industry has been pretty much a CB based communications industry and having the dispatcher actually make use of the new Intemet information and make choices based on that, will feed the flow more efficiently and reduce congestion. Another new project is a volume projection system. Right now the terminals have no way of knowing how many containers they will receive in a given hour. The longshoremen are staffed based on what they think will happen or on the historical record of peak days. There would be some real potential if they could learn what's coming at them, not only for their own staffing needs, but in terms of their ability to get peak volumes through quickly and to adjust and save rather than incurring the higher staffing costs. A single terminal can run 55-6 million in trucking costs a year and it can be very cost effective to have clerical staff make calls to find out what is anticipated in the next two-three days or week from the high volume shippers. Rico Yingling moved to recommend to the full council that the City increase its participation in the Freight Mobility Systems Improvement Project to 530,000.00. The motion was seconded by Connie Epperly and carried 3-0. Dewatering Pump Don Wickstrom said the Dewatering Pump would be located at the Green River Natural Resource Area Project where the pond level has to be lowered as part of the vegetation restoration plan. The City has been renting a pump for about $3,500 a month and it would be more cost effective to purchase a bigger, better quality pump to do the job. Rico Yingling asked if the Dewatering Pump would be used in a short or long term project. Mr. Wickstrom said it would be used for several years. Connie Epperly moved to recommend authorizing the purchase and installation of the Dewatering Pump from Kent Oxygen Company, Inc. for the amount of$30,825. The motion was seconded by Rico Yingling and carried 3-0. Transportation Improvement Board Grant— 196`h Street Corridor Project Don Wickstrom said the City has been preparing to go out to bid for the construction of the roadwork between East Valley and West Valley on the 196`h Street Corridor. The bridge is already under contract for about S13 million. This portion of the project is for construction of the two roads on the eastside and westside of the bridge, tying it to West Valley and East Valley Highways. As part of that, the State legislature has approved a grant for$1,812,440. They want the papers back by March 151h, so a quick tumaround is needed and staff is requesting to add the item to the March 7, 2000 council meeting agenda. Rico Yingling asked what the reimbursement rate meant. Mr. Wickstrom said that was the percentage of the state's share. Rico Yingling moved to recommend to the full council that the Mayor be authorized to sign a grant agreement and that the budget for the same be adjusted accordingly. Connie Epperly seconded the motion and it carried 3-0. Public Works Committee, 3/6/00 Page 3 42nd Avenue South Boundary Adjustment Ordinance _ Deputy City Attorney Tom Brubaker said the ordinance involves the Polygon PUD on the west side of the Green River, where the road accesses the Polygon development South of South 216`h Street at 42nd Avenue South. Because of incorporations and annexations by the City of Sea-Tac, King County, and Kent, the City boundary goes roughly to the center line of 42nd Avenue South moving towards the West. Sea-Tac's incorporation limits begin on the west edge of 42nd Avenue South, leaving half of the street still within the jurisdiction of King County. The statutory process to fix the issue involves passage of an ordinance by the City of Kent and then a reciprocal resolution ordinance by King County. At a later date 42nd Avenue South will be realigned with a modification of the corporate boundaries between Sea-Tac and Kent once the King County jurisdictional issue is taken care of. Connie Epperly moved to accept the ordinance relating to the modification of boundaries of 42nd Avenue South and give the City Attorney the authority to modify it if necessary between now and the council meeting. The motion was seconded by Rico Yingling and carried 3-0. The meeting was adjourned at 4:20 PM. Jackie Bicknell City Council Secretary i�1N REPORTS FROM SPECIAL COMMITTEES CONTINUED COMMUNICATIONS A. EXECUTIVE SESSION