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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 07/05/2000 I µ Cityof Kent w, CityCouncil Meeting Agenda KENT WASH I NGTON Mayor Jim White Counci/members Leona Orr, President Sandy Amodt Connie Epperly Tom Brotherton Judy Woods Tim Clark Rico Yingling July 5, 2000 Office of the City Clerk LI4 SUMMARY AGENDA KENT CITY COUNCIL MEETING K EN T July 5, z000 WASHINGTON Council Chambers 7 : 00 p.m. MAYOR: Jim White COUNCILMEMBERS : Leona Orr, President Sandy Amodt Tom Brotherton Tim Clark Connie Epperly Judy Woods Rico Yingling ******************************************************************* 1 . CALL TO ORDER/FLAG SALUTE 2 . ROLL CALL 3 . CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B . FROM THE PUBLIC 4 . PUBLIC COMMUNICATIONS A. Employee of the Month B. Recreation and Parks Month 5 . PUBLIC HEARINGS None 6 . CONSENT CALENDAR A. Minutes - Approval B. Bills - Approval C. Camping Ordinance D. Public Works Improvement Plan Approval and Inspection Fees - Ordinance E. Riverbend Golf Complex Amended Budget - Adopt F. Kent Drinking Driver Task Force Grant - Accept and Establish Budget G. Riverbend Golf Equipment Surplus and Sale - Authorization H. Public Works Traffic Section Maintenance Shop Lease Agreement - Authorization 7 . OTHER BUSINESS A. Urban Separators B. Kent Civic and Performing Arts Center General Obligation Voter Approved Bonds - Ordinance 8 . BIDS A. 2000 Downtown Sidewalk Replacement & Gateway Improvements B. Fire Prevention Tenant Improvement (continued next page) SUMMARY AGENDA CONTINUED 9 . REPORTS FROM STANDING COMMITTEES AND STAFF 10 . REPORTS FROM SPECIAL COMMITTEES 11 . CONTINUED COMMUNICATIONS 12 EXECUTIVE SESSION 13 . ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk' s Office and the Kent Library. An explanation of the agenda format is given on the back of this page . Any person requiring a disability accommodation should contact the City Clerk' s Office in advance at (253) 856-5725 . For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388 . CHANGES TO THE AGENDA Citizens wishing to address the Council will , at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) EMPLOYEE OF THE MONTH B) RECREATION AND PARKS MONTH �q CONSENT CALENDAR 6 . City Council Action: Councilmember a/W moves, Councilmember � Gb� seconds that Consent Calendar Items A through H be approved. Discussion Action y 6A. Approval of Minutes . Approval of the minutes of the regular Council meeting of June 20, 2000 . 6B. Approval of Bills . Approval of checks issued for payroll for June 1 and paid on June 20 , 2000 : Date Check Numbers Amount 6/20/00 Checks 244468-244818 $ 291, 501 . 53 6/20/00 Advices 96520-97134 938 , 127 . 92 $1, 229, 629 .45 Council Agenda Item No. 6 A-B Kent, Washington June 20 , 2000 The regular meeting of the Kent City Council was called cc order at 7 : 05 p .m. by Mayor Pro Tem Orr . Present : Councilmembers Amodt , Brotherton, Clark and Yingling, Government Affairs Manager Laurent , Deputy City Attorney Brubaker, City Engineer Gill , -Parks Planning & Development Superintendent Flemm, and Assistant Finance Director Hillman. Approximately 25 people were at the meeting . CHANGES TO Councilmember Amodt removed Item E from the THE AGENDA Consent Calendar for discussion. The following items were added to the agenda under Continued Communications : 11A. R. E . Hodgin Drainage System Failure 118 . Ardis Johnson Urban Separators 11C . Bill Young Performing Arts Center 11D . Martin P1ys Performing Arts Center 11E . Gail Shewey S . 277th Improvements 11F . Ted Kogita Parks Department 11G. Joe Rubio Land Purchases PUBLIC Introduction of Appointee. Mayor Pro Tem Orr COMMUNICATIONS noted that the appointment of Ken Mendoza to the Lodging Tax Advisory Committee is on the agenda and asked for Council ' s approval . Hire-A-Veteran Month. Mavor Pro Tem Orr read a proclamation noting that there are more than 606 , 000 veterans in Washington, and that over 64 , 000 veterans have sought employment and training services from the Employment Security Department during the last program year. She stated that Mayor White has proclaimed June 2000 as Hire-A-Veteran Month in the City and urged all citizens to join in the special observance . The proclamation was presented to Don Sparks, who expressed appreciation to the Mayor and Council for assisting the Auburn Office, who had the highest-volume placement rate in the Puget Sound area for last vear. CONSENT CLARK MOVED that Consent Calendar Items A through CALENDAR S be approved, with the exception of Item E, which was removed by Councilmember Amodt . Brotherton seconded and the motion carried. 1 Kent City Council Minutes June 20 , 2000 MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes . APPROVAL of the minutes of the regular Council meeting of June 6 , 2000 . HEALTH & (CONSENT CALENDAR - ITEM 6N) SANITATION Pacific Heights . ACCEPT the Bill of Sale for Pacific Heights submitted by Pacific Industries , Inc . for continuous operation and maintenance of 471 feet of watermain improvement , 740 feet of sanitary sewer, 1, 197 feet of storm sewer and 613 feet of street improvement and release bonds after the expiration period, as recommended by the Public Works Director. The project is located at S . E . 253rd Street and 121st Place S . E . (CONSENT CALENDAR - ITEM 60) Chancellor Parks I . ACCEPT the Bill of Sale for Chancellor Park Division I submitted by MJF Holdings , Inc . for continuous operation and maintenance of 554 . 14 feet of street improvement and 885 feet of storm sewer and release bonds after the expiration period, as recommended by the Public Works Director . The project is located at S . E . 240th & 132nd Avenue S . E . (CONSENT CALENDAR - ITEM 6P) Chancellor Parks II . ACCEPT the Bill of Sale for Chancellor Park Division II submitted by MJF Holdings , Inc . for continuous operation and maintenance of 494 . 08 feet of street improvement and 694 feet of storm sewer and release bonds after the expiration period, as recommended by the Public Works Director. The project is located at S . E . 240th & 132nd Avenue S . E . (CONSENT CALENDAR - ITEM 6Q) Anderson Site Warehouse. ACCEPT the Bill of Sale for Anderson Site Warehouse submitted by Benarova Companv for continuous operation and maintenance of 24 feet of watermain, 655 feet of street improvement 32 feet of storm sewer and release bonds after the expiration period, as recommended by the Public Works Director. The project is located at West Valley Highway and S . 238th Street . 2 f._ Kent City Council Minutes June 20 , 2000 HEALTH & (CONSENT CALENDAR - ITEM 6R) SANITATION Yellowstone Industrial Park. ACCEPT the Bill of Sale for Yellowstone Industrial Park submitted by Sound Ventures, Inc . for continuous operation and maintenance of 29 feet of watermain improvements , 215 feet of sanitary sewer and 661 feet of street improvement and release bonds after the expiration period, as recommended by the Public Works Director. The project is located at 18404 72nd Avenue South. WATER (CONSENT CALENDAR - ITEM 6J) Tacoma Second Supply Project . AUTHORIZATION for the Mayor to sign the Tacoma Second Supply Project Agreement upon concurrence with the language by the Public Works Director and the City Attorney, as recommended by the Public Works Committee . SEWER (CONSENT CALENDAR - ITEM 6C) Sewer Latecomer Aareement. AUTHORIZATION for the - Public Works Director to execute a sewer late- comer agreement for the Benson Short Plat , as recommended by the Public Works Committee . The developer for the Benson Short Plat has extended the sanitary sewer in 104th Avenue S . E . This provides service to nine lots . DRAINAGE (CONTINUED COMMUNICATIONS - ITEM 11A) (ADDED) Drainage System Failure. R. E . Hodain, 7927 S . 222nd, voiced concerns about the effects of run- ning water on property owners adjacent to the Willow Way project . It was determined that the issue would be referred z:o the Public Works Committee and that City Engineer Gill will pro- vide a report to the Committee . STREETS (BIDS - ITEM 8C) SE 256th Street Widening Improvements (116th Avenue SE to 132nd Avenue SE. The bid opening for this project was held on June 13th. The City Engineer Gary Gill explained the project and noted that six bids were received. He said the low bid was from Scarsella Bros . in the amount of 3 Kent City Council Minutes June 20 , 2000 STREETS $4 , 686 , 366 . 29 , and the Engineer ' s estimate was $5 , 026 , 033 . 465 . He recommended award of the bid to Scarsella Bros . , subject to Transportation Improvement Board approval . CLARK MOVED that the SE 256th Street Widening Improvements contract be awarded to Scarsella Bros . , in the amount of $4 , 686 , 366 . 29 , subject to Transportation Improvement Board approval . Brotherton seconded and the motion carried. (CONTINUED COMMUNICATIONS - ITEM 11E) (ADDED) S . 277th Street Improvements . Gail Shewev, 11217 S . E . 274th Street , brought the following concerns to the Council : 1) Relocation of a speed sign at 116th and Kent-Kangley, 2 ) Safety Hazard on 114th Avenue S . E . , and 3 ) Street Sign on S . 274th. City Engineer Gill agreed to look at the issues and make a reper_ to the Public Works Committee and Mr . Shewey. ~' URBAN (CONTINUED COMMUNICATIONS - ITEM 113) SEPARATORS (ADDED) Rezone/Urban Separator. Ardis Johnson_, 24039 146th Place S . E . , stated that the fair sale of ^er home and property has been prevented by the denial- of a zoning change to allow homes to be built to conform to the housing development south and west of her property. Orr informed Johnson that this issue will be discussed at the meeting of July 5th. Johnson provided pictures of her property and it was determined that the pictures will be returned to her at the Council meeting of July 5th. INTERNET (CONSENT CALENDAR - ITEM 6E) SALES TAX (REMOVED AT THE REQUEST OF COUNCILMEMBER AMODT) OOpoosition to Extension of Internet Sales Tax Moratorium. The Operations Committee has recom- mended endorsement of the National League of Cities ' position opposing the extension of a sales tax moratorium on Internet sales and service, as Congress is currently considering . The House has adopted a five year extension through 2006 , and a Kent City Council Minutes June 20 , 2000 INTERNET the Senate will soon consider the issue . The SALES TAX National League of Cities has requested that the City take a position on this issue . Amodt said she is in favor of the five year moratorium to allow time to study the impacts cf the sales tax. Brotherton spoke in favor of extending the moratorium in order to determine how to develop a fair tax system. Clark explained the background of this issue and said that it is an issue of fairness . He said he is in favor of the motion to endorse the National League of Cities ' position. Yingling stated that putting simplified taxes on the internet will no: slow the internet . He said a model of how to cav taxes on the internet is catalog sales , and that the way the legislation was brought forward was unfair. After a lengthy discussion, CLARK MOVED to endorse the National League of Cities ' position opposing the extension of a sales tax moratorium on internet sales and service, as recommended by the Operations Committee . Yingling seconded. The motion failed with Clark and Yingling in favor, and Amodt , Brotherton and Orr opposed. TECHNOLOGY (CONSENT CALENDAR - ITEM 6D) Purchase Of Personal Computers . ACCEPTANCE of the quote of $55 , 068 . 89 for the purchase of 3d Hewlett-Packard Pentium III computers from Unisoft , Inc . , and authorization for the Mayor to sign a purchase agreement . As part of the Technology Plan, the City made a commitment to the creation of an ongcina replace- ment program for the City' s personal computers . A request for quotes was published in local and regional papers and distributed to a number of companies . Three quotes were received from three different companies . The lowest quote came from Unisoft , Inc . for $55 , 068 . 89 _ COUNCIL (CONSENT CALENDAR - ITEM 6M) Council Absences (Epperly And Woods) . APPROVAL of excused absences from tonight ' s meeting for 5 Kent City Council Minutes June 20 , 2000 COUNCIL Councilmembers Epperly and Woods , who are unable to attend. PARKS & (CONSENT CALENDAR - ITEM 6G) RECREATION Interim Comprehensive Park And Recreation Plan. ADOPTION of the Interim Comprehensive Park and Recreation Plan to maintain eligibility with -the IAC for grant funding, as recommended by the Parks Committee . The Comprehensive Parks and Recreation Plan was last updated in 1994 . In order to be eligible for state grant funds from the IAC, the City needs to have a current plan every six _years . Also, the entire City' s Comprehensive Plan is currently being updated and in order to plan concurrently with the rest of the City, an interim plan must be adopted to meet the IAC deadline of June 23 and to be eligible for year 2000 grants . (CONSENT CALENDAR - ITEM 6H) Soroptimist Donation To East Hill Youth Sports Complex. ACCEPT the Soroptimist donation of $3 , 750 . 00 and amend the East Hill Youth Sports Complex project budget , as recommended by the Parks Committee . In May 2000 , the Soroptimist Club of Kent donated $3 , 750 . 00 to the East Hill Youth Sports Complex project Field #1 , (commonly known as Service Club Ballfields) . This donation will assist in funding ballfield renovation. (CONSENT CALENDAR - ITEM 61) IAC Grant For Chestnut Ridge Park Acquisition. ACCEPT the IAC grant for Chestnut Ridge Park property acquisition and amend the Land Acquisition budget , as recommended by the Parks Committee . The Park Planning and Development Division applied for an IAC neighborhood grant to reimburse 50% of the Estes property acquisition at Chestnut Ridge Park. The State legislature approved the $137 , 464 . 00 grant on May 19 , 2000 . Funds will 6 Kent City Council MinuLeS June 20 , 200C PARKS & be used for future develop_ menc of the Chestnut RECREATION Ridge Park. (CONSENT CALENDAR - ITEM 6K) Sutlief Donation To Specialized Recreation. ACCEPT the $5 , 000 donation from Mr . and Mrs . Sutlief , and amend the Specialized Recreation Computer Program budget , as recommended by the Parks Committee . In honor of their son Mike, who was a long-time participant in the Specialized Recreation programs and graduate of Highline ' s Computer Information Systems Program, Mr . and Mrs . Sutlief donated $5 , 000 to the Specialized Recreation Computer Program. (CONSENT CALENDAR - ITEM 6L) Western States Arts Federation Grant . ACCEPT the Washington States Art Federation Grant (WESTAF) , and amend the Cultural Services budget , as recom- mended by the Parks Committee . WESTAF awarded the Kent Parks and Recreation_ Cultural Division a grant in the amount of $2 , 500 in the 2000-2001 TourWest Program funding cycle . Funds will offset the artistic fee of Tibetan Monks of the Drepung Loseling Monastery for their Mystical Arts of Tibet residency and performance in Kent , October 6 - 8 , 2000 . (BIDS - ITEM SA) Garrison Creek Court Surfacing And Striping. The bid opening was held on June 9 , and two bids were received. Mid-Pac Construction was the low bidder at $31 , 900 . 00 , plus Washington State Sales Tax. BROTHERTON MOVED that the Garrison Creek Court Surfacing and Striping Project be awarded to Mid- Pac Construction in the amount of $31 , 900 , plus Washington State Sales Tax. Yingling seconded and the motion carried. 7 rent City Council Minutes June 20 , 2000 PARKS & (BIDS - ITEM 8B) RECREATION Chestnut Ridge Neighborhood Park Development. The bid opening was held on June 9 , with nine bids received. Father and Son Construction Inc . •.was the low bidder at $396 , 400 . 00 (base bid) , plus Washington State Sales Tax. Parks Planning and Development Superintendent Lori Flemm said that construction wiLl begin soon. BROTHERTON MOVED that the Chestnut Ridge Neighborhood Park project be awarded to Father and Son Construction, Inc . in the amount of $396 , 400 , plus Washington State Sales Tax. Amodt seconded and the motion carried. (CONTINUED COMMUNICATIONS - ITEM 11C) (ADDED) Performing Arts Center. Bill Young, 1005 E . Guiberson Street , voiced concern about an increase in the cost of the Performing Arts Center as stated in a newspaper article . Brotherton pointed out that the City has not approved any performing arts center, and Yingling encouraged Young to talk to the Performing Arts Center Board for details . (CONTINUED COMMUNICATIONS - ITEM 11D) (ADDED) Performing Arts Center. Martin Plvs , 3004 S . 256th, said this issue is in the budget, that $185 , 000 has already been spent on studies regarding the Performing Arts Center, that money is being spent on a consultant and on monthly publications, that there is a salary for a Performing Arts Center director, and that it wil' cost the City $200 , 000 a year to operate the facility. He said the Council wants this issue on the primary election ballot because more people will vote at that time . Brotherton disagreed that $15 , 000 , 000 has been spent on the Center, and emphasized that it has not been approved. Orr added that the funds from the water fund are being repaid, and funds are not being misused. Yingling noted that many truths, half-truths and untruths have come out and 8 Kent City Council Minutes June 20 , 2000 PARKS & suggested that P1ys and others who are interested RECREATION ask for a sit down meeting with staff , Council , and the Performing Arts Committee, to go over the issue in detail . He added that costs inevitably change and that nothing underhanded is going on . It was noted that such a meeting would result in getting questions answered and getting correct information . Amodt said she and tonight ' s speakers have already asked for such a meeting . (CONTINUED COMMUNICATIONS - ITEM 11F) (ADDED) Parks Department. Ted Kcaita questioned whether part-time employees are included in the count of City employees . It was determined that Employee Services could get that information to him. Kogita also asked why Parks Director Hodgson is on the Performing Arts Center Board, and Yingling said it is most likely for City representation since the City is a proposed sponsor of the opera- tions of the facility. When Kogita inquired about other members of the Board, Orr explained that it is made up of volunteers . (CONTINUED COMMUNICATIONS - ITEM 11G) (ADDED) Land Purchases/Performing Arts Center. Joe Rubio, S . 248th, expressed concern about the cost of land purchases for the Performing Arts Center, a $241 , 000 land value donation, the appraisal on the land, contamination on the land, who will pay for the cost to clean up the contamination, a $50 , 000 escrow account , and what the final cost of the Performing Arts Center will be . Upon Orr ' s suggestion, Rubio agreed to provide his questions to Parks Director Hodgson in written form. HUMAN SERVICES (CONSENT CALENDAR - T_TEM 6F) Voluntary Retirement Incentive Procrram. APPROVAL of the Voluntary Retirement Incentive Program which provides eligible employees a window of opportunity to retire from the City. The program recognizes and rewards the dedication, loyalty and distinguished service of long-term employees while providing savings to the City. 9 Kent Citv Council Minutes June 20 , 2000 APPOINTMENTS (CONSENT CALENDAR - ITEM 6S) LodctinQ Tax Advisory Committee ADnointment . CONFIRM Council President Orr ' s appointment of Kent Mendoza to serve as a member of the Lodging Tax Advisory Committee . Mr. Mendoza is currently the General Manager of the Hawthorn Suites in Kent . Mr . Mendoza is a member of the speakers Bureau of Make-A-Wish foundation and is a Wish Granter for that organization. He is a former board member of the Hospitality & Tourism Programs at uighline Community College and Lake Washington Technical College . He will replace Peter Wvnia, who has moved from the area, and his term will continue until_ 1/1/2002 . FINANCE (CONSENT CALENDAR - ITEM o'B) Approval of Bills . APPROVAL of payment of the bills received through May 31 and paid on May 31 after auditing by the Operations Committee on June 6 , 2000 . Approval of checks issued for vouchers : Date Check Numbers Amount 5/31/00 235383 -235644 $1 , 108 , 298 . 80 5/31/00 235645-236131 2 , 376 , 989 . 51 $3 , 485 , 288 . 31 Approval of checks issued for oavroll for Mav 20 and June 5 and paid on Mav 20 and June 5 , 2000 : Date Check Numbers Amount 5/20/00 Checks 243769-244093 $ 277 , 322 . 66 5/20/00 Advices 95251-95865 937 , 401 . 80 1 , 214 , 724 . 46 6/5/00 Checks 244094-244467 $ 278 , 435 . 64 O'/5/00 Advices 95860-95oi9 895 . 895 . 85 $1 , 174 , 331 . 49 �"• 10 Kent City Council Minutes June 20 , 2000 REPORTS Council President . Orr announced that , due to the holiday on July ?th, the next Council meeting will be held on Wednesday, July 5th at 7 : 00 O .M. She urged citizens to respect the fireworks laws and to enjoy the City' s celebration. Public Works Committee. Clark noted that the Committee will meet on Julv 3rd at 5 : 00 o .m. Planning Committee. Brotherton noted that the Committee will meet at 4 : 00 p .m. on July 3-rd. ADJOURNMENT The meeting adjourned at 8 : 15 p .m. Brenda Jacober, CMC Citv Clerk 11 ?W . � Kent City Council Meeting Date July 5 , 2000 Category Consent Calendar 1 . SUBJECT: CAMPING ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. prohibiting unauthorized camping. Camping would be permitted in parks and public places only by permit . It would prohibit camping and the storage of personal property, including camp facilities and camp paraphernalia, in any park or other public place in the City of Kent . To camp means to pitch or occupy camp facilities or to use camp paraphernalia. Camp facilities include vehicles, tents, huts, or temporary shelters . 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C i I ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, enacting a new chapter, Chapter 8.09, entitled "Camping," prohibiting camping in certain public areas. WHEREAS, the City is experiencing an increasing number of individuals camping, without authorization, in parks and on public places in the City of Kent; and I (j WHEREAS, such activity creates a health, sanitation, and public safety issue for the citizens of the City of Kent; and 'I I I I WHEREAS, it is in the general health, safety, and welfare of the citizens in the City of Kent to prohibit unauthorized camping in parks and on other public places within the City of Kent; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new chapter, Chapter 8.09, entitled "Camping," shall be added to Title 8 of the Kent City Code as follows: it l 1 Camping j CHAPTER 8.09 CAMPING Sec. 8.09.010. Unlawful camping in public places. Except as permitted by permit i pursuant to KCC 8.09.040 below or as otherwise provided by ordinance, it shall be unlawful for any person to camp in any park or other public place. Sec. 8.09.020. Unlawful storage of personal property in public places. Except as permitted by permit pursuant to KCC 8.09.040 below or as otherwise provided by ordinance, it shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in any park or other public place. Sec. 8.09.030. Definitions. The following definitions are applicable in this chapter unless the context otherwise requires: !, A. Camp means to pitch or occupy camp facilities, to use camp paraphernalia. B. Camp facilities include, but are not limited to, motor vehicles, trailers, tents, huts, or temporary shelters. C. Camp paraphernalia includes, but is not limited to, tarpaulins, cots, beds, sleeping �i bags, hammocks, or non-city designated cooking facilities and similar equipment. it D. Director means any director of a City of Kent department having authority over I public areas or any other person authorized by the Mayor to exercise such authority or his or her designee. E. Park means and includes all city parks, public squares, park drives, parkways, boulevards, golf courses, park museums, zoos, bathing beaches, and play and recreation grounds under the jurisdiction of the City of Kent Parks and Recreation Department. F. Public place means and includes streets, ways, boulevards, sidewalks, planting i (parking) strips, squares, triangles, rights-of-way, publicly owned parking lot or publicly owned area, improved or unimproved, and other public places appropriated to the public for public use, including buildings, structures and appurtenances situated thereon. 2 Camping G. Recreational vehicle means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self- propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a mobile home lot. H. Store means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. I. Street means an highway, avenue lane road street, drive, lace boulevard, alley, I Y Y> place, Y, I i right-of-way, and every way or place in the City of Kent open as a matter of right to public vehicular travel. See. 8.09.040. Parked recreational vehicles exempt. The provisions of this chapter shall not prohibit recreational vehicles from being parked within or on any park or other public place, subject to the parking provisions of chapter 9.38 and other applicable provisions of the Kent City Code, if said recreational vehicle is not at that time being used as temporary living quarters or otherwise inhabited. A recreational vehicle may only be inhabited within or on any park or other public place pursuant to Section 8.09.040 above. Sec. 8.09.050. Permit. A. The director is authorized, by permit, to allow persons to camp, occupy camp facilities, use camp paraphernalia, or store personal property within or any park or other public place that may be designated by the City for such use in the City of Kent. B. The director shall approve a permit as provided under this section when, from a consideration of the application and from such other information as may otherwise be obtained, the director finds that: 1. Adequate sanitary facilities are provided and accessible at or near the campsite; I 2. Adequate trash receptacles and trash collection is to be provided; 3. The camping activity will not unreasonably disturb or interfere with the peace, comfort, and repose of private property owners; and I� I 3 Camping j 4. The camping activity is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct, or create a disturbance. C. The director is authorized to promulgate rules and regulations regarding the implementation and enforcement of this chapter. D. No permit shall be issued for a period of time in excess of seven(7) calendar days. E. Any person denied a permit may appeal the denial to the hearing examiner pursuant i to Ch. 2.32. The decision of the hearing examiner shall be final unless appealed to the superior court pursuant to said chapter. Sec. 8.09,060. Penalty for violations. Violation of any of the provisions of this chapter is a misdemeanor and shall be punishable as follows: A. First offense. Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment. B. Second offense. Any person who violates any of the provisions of this chapter a second time within a five-year period shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed ninety(90) days, or by both such fine and imprisonment. One hundred dollars ($100) of the fine and one (1) day of imprisonment shall not be suspended or deferred. C. Third or subsequent offense. Any person who violates any of the provisions of this chapter a third or more times within a five-year period shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment it not to exceed ninety (90) days, or by both such fine and imprisonment. Five hundred dollars ($500) of the fine and five (5) days imprisonment shall not be suspended or deferred. �I I I SECTION 2. — Severabilitv. If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall 4 Camping not affect the validity of the remaining portion of this ordinance and the same shall remain j in full force and effect. SECTION 3. -Effective Date. This ordinance shall take effect and be in force thirty(30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR ATTEST: - I I BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: I ROGER LUBOVICH, CITY ATTORNEY PASSED: day of 2000. APPROVED: day of 2000. i PUBLISHED: day of 12000. i' I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. i i (SEAL) BRENDA JACOBER, CITY CLERK P`.Civil%0rdinwcekCartgmg.doc 5 Camping Kent City Council Meeting Date July 5 , 2000 Category Consent Calendar 1 . SUBJECT: PUBLIC WORKS IMPROVEMENT PLAN APPROVAL AND INSPECTION FEES - ORDINANCE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. relating to public works improvement plan approval and inspection fees for certain governmental agency projects . This ordinance amends the section of the Kent City Code that estab- lishes a plan review and inspection fee for those portions of developments in the City that include improvements to public facilities (such as water or sewer construction or street widening that might occur as a condition of subdivision development) . This ordinance was amended in December of 1999, but unfortunately, the language inserted at that time did not reflect the Public Works Department ' s actual intent . As revised in this ordinance, the Public Works Department now has the opportunity to reduce the established fee when another public agency constructs a public improvement within City limits . Beside the fact that these improvements typically provide a regional benefit, the established fee, in certain instances, can become disproportionately high, since the entire job (not just a portion of it, like in the subdivision example above) is a public improvement, making all project costs incurred by the other agency subject to the six percent fee. 3 . EXHIBITS : Ordinance 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D I ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 6.03.010 of the Kent City relating to public works improvement plan approval and inspection fees as they apply to certain public improvements constructed by public agencies. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, I j DOES HEREBY ORDAIN AS FOLLOWS: I I SECTION 1. Section 6.03.010 of the Kent City Code is hereby amended as follows: Sec. 6.03.010. Fees designated. A. The public works department shall be responsible for the plan review, plan approval, inspection and acceptance of all construction within any public easement or right-of-wad all public works improvements, such as streets, sidewalks and walkways, street lighting systems, storm drainage systems (public and private) and utilities, and shall make a charge therefore to the developer. As used in this --- the terffi, "develeper,,, shall et apply ., pub-lie .k is eafistFReted bly ; another—aggeney of the state, ineluding, eaunties, athe et-tes, of speeial d-istr-iets. The charge shall be six (6) percent of the estimated construction cost of said improvements; however, in consideration of the mutual benefits received when another agency of the state (including, without limitation, counties, other cities or 1 Improvement Plan Approval and Inspection Fees-2000 special purpose districts) seeks to construct public improvements not intended for convevance to the Citv but that will provide a regional benefit, the public works department may, by written agreement reduce the charge to an amount less than six (6) percent. In all cases, the minimum fee shall be no less than five hundred dollars ($500). The developer will be required to submit separate cost estimates for each item of improvement. These will be checked by the public works department for accuracy. Alternatively, the developer may, at its option, hire an outside consultant to conduct plan review for the city, subject to the city's prior written approval of the selected consultant. If the developer hires an outside consultant for plan review, the fee established herein will be reduced from six (6) percent to four (4) percent. Monies derived from the above charges shall be deposited to the general fund of the city. A nonrefundable deposit of fifty (50) percent of the total fee is due and payable prior to starting the review with balance due and payable prior to the approval of the construction plans. B. Two (2) re-reviews of the construction plans are included in the above-noted fee. Any additional re-reviews which are attributed to the developer's action or inaction shall be charged at a rate of fifty dollars ($50) per hour. SECTION 2. Kent City Code Section 6.03.010, which is amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision I,i shall not affect the validity of the remaining portion of this Ordinance and the same i shall remain in full force and effect. III I 2 Improvement Plan Approval and Inspection Fees-2000 SECTION 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, as provided by law. i I JIM WHITE, MAYOR i ATTEST: I BRENDA JACOBER, CITY CLERK I APPROVED AS TO FORM: ROGER LUBOVICH, CITY ATTORNEY I PASSED: day of 12000. APPROVED: day of , 2000. PUBLISHED: day of 12000. I I I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the j Mayor of the City of Kent as hereon indicated. I I i (SEAL) BRENDA JACOBER, CITY CLERK it I P\Civil\Ordinance\IaprovePlan-inspwF=s.2000.dw 3 Improvement Plan Approval and Inspection Fees-2000 Kent City Council Meeting Date July 5 , 2000 Category Consent Calendar 1 . SUBJECT: RIVERBEND GOLF COMPLEX AMENDED BUDGET - ADOPT 2 . SUMMARY STATEMENT: As recommended by the Parks Committee on June 13 , 2000, adopt the amended Riverbend Golf Complex Year 2000 Budget . This amendment includes approval to transfer $100, 000 from the Golf Equipment Rental Reserve, $50, 000 from the Facilities Capital Budget to the Riverbend Capital Fund for facility improvements, and approval to enter into a lease agreement for the golf carts . Considering all the changes that have taken place since the City took over operation in January, 2000 , the current 2000 Budget, adopted in December, 1999, needs updating. 3 . EXHIBITS : Memo outlining changes to the operation at the Riverbend Golf Complex; Amended 2000 Budget 4 . RECOMMENDED BY: Staff, Parks Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E KENT PARKS AND RECREATION DEPARTMENT MEMORANDUM TO: Parks Committee FROM: Pete Petersen, Supt.of Riverbend Golf Complex SUBJECT: Riverbend Golf Complex Budget Amendments DATE: June 6, 2000 Since January 2000, staff and administration have initiated a number of changes at the Riverbend Golf Complex, as directed by Kent City Council. To enhance the food and beverage services and operations at the Par 3 and Driving Range, Council authorized a contract with Public Golf Management. Demolition has begun at the 1 B-Hole Course for the new restaurant and lounge, with completion tentatively scheduled for mid to late July. Improvements to the beverage service will begin in early June, and will be complete in late July. The Par 3 food and beverage improvements will begin when the 18-Hole and Driving Range/Mimi Putt improvements are complete. As the contract states, the City will contribute $150,000 for these improvements. As noted in previous discussions, these funds will come from the Facilities Division and the Golf Equipment Reserve Fund. A contract with Nevada Bob's for the lease of merchandise space is complete. The space for Nevada Bob's will be reconfigured to allow for their merchandise sales. A new office, club storage, and club repair will be built with the food and beverage area. One of the provisions of the termination of the SSMD contract was that they leave the City twenty golf carts. Staff chose to turn in those twenty and lease a new fleet in order to have forty-four carts necessary for participant needs. Leasing all of the carts in at the same time will ensure the consistency of turning them over every three to four years, which is industry standard. �3 er<rrNrm Year 1995 Isa- 2GU.. 1ncr"I- - Actuals-Prelin. Approved Budget (Decrease) Projection Green Fees-18 $ 1,198,743 $ 1,625,000 5 (325,000) S 13300,000 Green Fee3-9 272,976 375,500 (75,500) 300,000 Driving Range Fees 225,297 380,000 (80,000) 300,000 Mini-putt Fees 59,629 100,000 0 100,000 Golf lessons 96,627 95,000 25,000 120,000 Merchandise sales 594,742 550,000 (550,000) PGM 15,000 15,000 (1) ..,� Nevada Bob'3-1999 contract 170,000 170,000 Food c beverage sales 275,153 325,000 (250,000) 75,000 (1) Cart and Club Rentals 171,497 150,000 40,000 190,000 Other non-operating revenue Space rental-merchandising 0 23,050 23,050 (2) Food space rental-57 of rev 0 40,000 40,000 (3) Miscellaneous 26,639 800 6,108 6,908 TOTAL REVENUE $ 2,921,303 $ 3,601,300 S (961,342) 2,639,958 EXPENSE Salaries $ 398,461 $ 398,961 $ 167,913 S 566,874 Benefits 101,153 103,202 83,236 186,438 . Supplies 122,830 124,350 35,000 159,350 Services and Charges City admininstrative allocations 101,199 111,360 0 111,360 Debt and financial services 34,722 5,289 6,711 12,000 Contractor services 0 10,000 0 10,000 Other professional services 40,949 2,056 (56) 2,000 Telephone 3,180 (2,865) 16,065 13,200 Dues/memberships 685 650 0 650 Travel, subsistence, training 1,492 2,700 0 2,700 Advertising (11,101) 10,000 0 10,000 Equipment rental-carts 5,803 0 38,000 38,000 Equipment rental-outside '' 25,284 25,284 Equip rental-operating and reserve 105,897 80,201 (55,201) 25,000 Facilities interfund rental 48,638 50,097 0 50,097 Ins-liability, property, other 16,936 19,590 0 19,590 Electricity 14,612 13,393 772 14,165 Water 101 0 2,184 2,194 Sever 372 0 4,750 4,750 Drainage 6,206 .6,944 0 6,944 Maintenance expense-Outside vendor 1,491 8,200 (1,000) 7,200 Laundry services - 8,058 4,000 3,500 7,500 Taxes 12,038 11,416 1,614 13,030 Misc.-printing, photocop y, lees 591 1,150 750 11900 Sub-total 1,014,313 960,694 329,522 1,290,216 Golf Management Contracts) Fixed fee 472,500 472,500 (472,500) PGM 172,193 172,193 (4) Variable fee 931,170 933,122 (933,122) PGM 164,250 164,250 (4) Nevada Bob's (1999 contract) - 170,000 170,000 (4) Total Golf Management contract(s) 1,403,670 1,405,622 (899,179) 506,443 TOTAL EXPENSE S 2,417,983 $ 2,366,316 $ (569,657) S 1,796,659 Revenues over operating expense 503,320 1,234,984 (391,685) 843,299 NON OP REV AND EXP-BOND INTEREST (302,250) (285,398) 0 (285,398) NET INCO14F 201,070 949,586 (391.685) 557,901 OTHER FINANCIAL SO RCEZ (UQEQ) Transfer from Facilities Fund S 5 _ S 50,000 $ 50,000 Transfer from Fleet Management-Reserve 100,000 100,000 Principal 95 GO Bond (315,000) (335,000) 0 (335,000) Transfer for 92 Refunding (140,000) 140,000 0 Leasehold improvements (150,000) (150,000) Acquisition of Capital Assets (40,000) (40,000) TOTAL OTHER SOURCES (USES) S (315,0001 S (475,000) $ 100,000 $ (375,000) INCREASE (DECREASE) iN CASs $ (113,930) $ 474,586 S (291,685) 5 182,901 (1) Estimated revenues for Golf Management, Inc. at Par 3 and Driving Range/Minl-Putt. (2) Estimated amount for Nevada Bob's rental. 5 months at $1,250 and 7 months at $2,400. . (3) Estimated amount of Golf Management, Inc. restaurant rental at Riverbend-St x $800,000. (4) Fixed fee/variable calculation per contract: Poll Year 2000 Fixed Fee Eat Variable Effective Date Par 3 Green Fees 45,000 37,500 30,000 01-Mar-00 Range Fees 45,000 35,202 30,000 20-Mar-00 _..� Mini-putt Fees 25,000 19,556 15,000 20-Mar-00 11 Lesson Fees 75,000 64,935 15,000 20-Mar-00 Merchandise sales-Public Golf Mgt. 14,250 01-Mar-00 Nevada Bobs (Jan thru May 31, 2000) 170,000 01-Jan-00 Food Sales 15,000 15,000 60.000 01-Mar-00 Total 205,000 172,193 334,250 f 1� WIF Kent City Council Meeting Date July 5, 2000 Category Consent Calendar 1 . SUBJECT: KENT DRINKING DRIVER TASK FORCE GRANT - ACCEPT AND ESTABLISH-BUDGET 2 . SUMMARY STATEMENT: Acceptance of WTSC OJJDP (Federal Office of Juvenile Justice) discretionary grant funding. Kent Drinking Driver Task Force has been notified of grant funding through the WTSC. The OJJDP Discretionary grant is the amount of $77, 600 over two years. Existing program funding will be used for the required match. Request Council acceptance for grant funding and establish budget documents, as required. 3 . EXHIBITS: Memo dated 6/6/00 4 . RECOMMENDED BY: Public Safety Committee (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 CITY OF 5 �NVICTA ' Jim White, NIavor MEMORANDUM To: Public Safety Committee Connie Epperly, Chair Sandy Amodt Tom B.rotherton cC: Judy Woods, Task Force Chair Chief Ed Crawford Captain Dave Everett Lt Glenn Woods From: Nancy Mathews, Coordinator Kent Drinking Driver Task Force Subject: Approval of Grant Date: June 6, 2000 The Kent Drinking Driver Task Force has been notified of grant funding through the Washington Traffic Safety Commission. The OJJDP (Federal Office of Juvenile Justice) discretionary grant is in the amount of S77.600 over two years. Existing program funding will be used for the required match. These dollars are to address underage alcohol use. For ease of accounting, a portion of the grant funding will go directly to the WLC8 and to the WTSC. Elements will include: ■ WA Liquor Control Board (WLCB) retail "stings" using local youth $ 8,532 • Washington Traffic Safety Commission program evaluation 5,000 • Youth Conference & board activities and increased police enforcement 64,068 at yet to be identified "hot spots The Drinking Driver Task Force requests authorization, subject to legal department approval, to accept the grant funds and establish a budget. 2201ch AVE. SO.. 1 KENT. WASHINGTON a801_-SS95 ,TELEPHONE i 253'; 556-5200 Section_ 2 Description 0f Activity PROJECT TITLE: Kent Police DeQartment Community Traffic Safety — Underage Drinking Prevention Project '! _. Existing Problem The Kent Police Departmenc' s 1996 survey reflected that 70% or _esmandenzs under 18 :oelieve alcoh_-1 is "easily ayallaDle to "'oum :. 9 7 .j95 of students partic:patina in topes groun •1_.te_r-%_ews reoorted that alcohol is very easy" or "sort of easv" for them mo gem. The Washington_ State Licuor 3card reccrds reflect the following adm_-._stratire action aca__^_St __cuc_ __censees _:side _r_e c_ __mits of Kenc: r Sr.i See _/ta=ne 3ee-/.,�_,e Ta<re- s ctc,--s _997 — ---- 0 - 0 998 - 0 3 _ :.:_creased -Ohs --- -"_ iere c--ed _,et .�__ncuz .:cr scar stiff_.a arc no c..._t______ _omn�_a_^_�_ Sm-nCS) _ epart:ne _-, __c-rds r=_fiect that ;cu-:.s 'mere :_.med _ OSS�SS_.... o. -:Scam- __ ___Se "rCl.t_S were 3rre5taC ____ki >._... ...._. _ -_.... ter.. _Cieran ce. tie_^__ pC__.__ ..ft_.._rs _ssu'ed c__at_.,ts t__ 7=r In pcssessi..__ Cr _ 1 .__n5umpticP_ zfn_......__._ . Ke_^_m Sc-col ..iSmr__t _S _.,.____nee aDCut _....._ea5_ ___.._de^_s _= ai__r_c_ on pampa . _._ _99- : :per_ 1. 99, _ _.___ '.der_ _.._at_onS . a-v eraCe aCe __sz___m _nte_ :entiCt s-ec_a__sm CCG. "_':� Se^= .�cnCCi ._ DiS tri_t ____er,, n__c.^. - ecia__st assessed ---',7 szudents from -four =,_ -cis and seven ._ior Sc_cc_S _n mhe _995/97 Schoc_ ;tar. ._'s _ pccrmed tlmcsm _='s f m._am cup merei_ _r'^ical_v ..=pendent . Yout_- _teive su-sta,^_ce iDu'se as a =.,___ate- _____ ..t passage" mC adult ccd. __. Project Goals The Kett police Departmetm .,_ihkitc Driver Task ?crce (DDT ? =opuses on programs that Increase awareness ofL traffic Safety_ 'issues. These efforts also we rk with youth to develop constructive thought processes leading them toward healthy choices . Multiple systems participate :. these activities . These Systems include voutn, families, schools, Workplace, community orcanizacions and :ned'_a. The target audiences for the program addressing underage alcc:^_oi use are youth at risk and their parents. S2CL�Oi. 2 DeSC==aC:�:n JL CL_v1tV :his project proposal :ail_ be managed by: Dr. Debbie Ranniger - Public Education Stecia145t Youth 3card facilitator and conference coordinator, oversees all aspects of youth board coordination, recruitment, facilitation, conference planning, implementation and evaluaticn, facilitates 29 member ,/cut- board, provides contact to ccmmur_ity. �s==ma=-- z e c f t.,t_- =-me . 3 Nancy_ Mathews - DDT= ?rogram Coordinator DDT_ st____ -_ committee staff, Super._ses conference coordinator. in char=e of -o-ference reds=ration. Coordinates activities ace--.__es and .._=.a___at=..ns . estimated time - 1096 of total .,ime, .75 FTE 7-e goals thls -_trp_'-_= are: -he communit_r will estab_ish and articulate nc=s t., promote ter.. _..l er.:nce ...f the al ;:a__=�_-___ -=nd Ise and other d_ucs . jtrateales '.Ji__ ___:e: systems and --rovide acc.._n-_ _ sK=__o :r-aining and a_terna=i*ie med .:......_n_..�S --.Ccr...__ _ 'se, - cssess=�:: -, ___case .._ .-.C.J_ = _ae and ccr_se��e.^_ces . Project objectives, %cti-sities and `:'asks T'_ objective: _ --stet and _--__-ac=_.,n .,-_ :cur: _.. --- 7.a.:e ---=-_ ---"_._es _cute _ --__ once - Came __ -___. :._=ztudes and Choices '7he .rout` ccn=erence a==endees _-- __ _ = Scuth _ ou sonco_ __ ts . ,eams cf rout` =_cm ,u.n=or and Se-lc_ -- sohccls tactic cat= _-. .Jcr:csnccs des= _- ovi =rem, wit.. tools t., make age____es and :an_cacions =n _ne 'lout: cnr___nce. _.-hese Include t _ Scut- King Cou:ter Youth Violence =_e-rent_.... =tee, -<e._= Schcc: '_strict , _ty _-f Ker.= Parks Debar=ment, Civ,, of Kent Corrections Fac111ty, Washlrg= State lic'uor Control 30ard, Recional justice Center and Develccmental Researc*- and ?rcgrams . press meet-ng is scheduled one week for -to the '_I uth`_..__fere^.ce ea--- year. a. Establish advisory/planning :board (Fall, 2000) b. Regionalize participation ,volunteers & teams) UAD Budget Kent Drinking Driver Task Force Youth Conference Two Year Budget t�evfsed 6C1'1QQj City of Kent Police Department SALARIES Request Match Total Youth Conference Program Manager S 76,960 S 76,960 35 hrs week/ .875 FTE Coordinator (10%) 5,720 5,720 30 hrs week/ .75 FTE Program Assistant/Office Tech II 250/0 1.0 FTE 13,300 13,300 Public Ed Specialist (10%) _ 30 hrs week/ .75 FTE 4,324 4,324 Traininc Stings 3 Officers x 21hrs OT x 2 yrs xS36 432 432 DUI: -1 Cfficers OT x -= hr x S36 576 5 r 6 1.152 U,aD/MIP -' Cfficers CT x 4 hrs x S36 576 576 1.152 Stincs 14 rer year,, 3 Teams (1cfv'1ycuth'1'11NLC3) stincs x 6 hrs x 3 cfficars = hrs CT @ S36 hr 5.484 =monas s Patrcls 'identin/ 'C hot spots)) C E? x 4 hrs x 2 officers = 30 hrs OT @ S36 hr 2.880 2.98C Data Coilemicn & Reoortino KPD Research & Develecment Specialist 2% of 1 FTE 912 912 Court Costs 3 ofc x 3 hrs OT @ S36 hr 864 364 Total Salaries $10,512 5102,868 $113,380 * Youth will be WLCB-provided minor operatives. UAD Budget Kent Drinking Driver Task Force Youth Conference Page -2- City of Kent Police Department BENEFITS Request Match Total Youth Conference Prcgram Manager 25,200 25,200 Supervisor 1,350 1,350 Program Assistant 4,140 4,140 Pub Ed Specialist 1,150 1,150 Training Strings 3 officer x 2 hrs OT x $5.40 x 2 yrs 65 65 DUI: 4 officers OT x 4 hrs x $5.40 hr 86 86 172 UADIMIP: 4 officers OT x 4 hrs x 5.40 hr 36 86 172 Stings 6 hrs x 8 stings x 3 officers = 144 hr OT @ 5.4C hr 778 778 m0rasis 10EPx4 hrs x2cfc = 30 hrs @ 5.40 hr 432 432 I.l-ur Costs 3 ofc x 3 hrs OT 35.40 hr 130 130 r.-�ata Collec5en Reocrinc KPD Research & Deveieoment Specialist .02910 of Total Benefits S 1,577 S32,543 $34,120 TRAVEL Request Match Total -' Conferences (appiicant policies apply) 1 Program Manager per diem S 36 per day x 4 days 576 576 airfare 450 rt 1,8C0 1,800 lodging 300 (3 days) 1,200 1,200 registration 202 202 travel 50 150 150 mist 50 150 150 1 Conference 2 Youth per diem 288 288 airfare 900 900 lodging 330 330 registration 404 404 Total Conference Travel $ 6,000 $6,000 Staff & Youth Board Travel 200 250 450 Total Travel $6,200 250 6,450 UAD Budget Kent Drinking Driver Task Force Youth Conference Page -3- EQUIPMENT Request Match Total Pentium 111 3,036 3,036 Sound Equipment 3,000 3,000 Scanner 250 250 PST (2) 800 800 Total Equipment $7,086 $7,086 i CONTRACTED SERVICES Request Match Total Youth Conference (two years) Breakfast ($5) & Lunch ($7) x 350 4,020 4,380 8,400 Professicnai Presenters _ (per diem /3 days 5,041 8,000 13,041 Teacher Siicer,ds (30 teachers ' 5100 ea x 2 yrs) 6,C00 6,000 Follow-Uo Camous Activities (35 schecis x S250) 17,500 3.000 20,500 Sc^cci -rafnc Safety Awareness Pareiists _ C L,ients ea year x 2 ,/rs paneiists x S25 ea per event 61-10 6C0 Total Contracted Services S 33,161 S 15.380 S 48,541 SUPPLIES Request Match Total Cfrice Sucoiies 500 650 150 `(cuth Start (sweatshirts & team buiidirc) 3.600 3,600 (suosistence) 7C0 7 0 C 1,400 (T-shirts) u,000 4,000 (penclsi1000) 4.10 -140 880 (keychainsi500) 9C0 900 1,300 ink Pads (135 x S7.35 ea) 992 992 cllcw-Up Materials 2,9C5 2.905 Printing 375 375 Postage 780 780 Total Supplies $ 3,532 $ 14,350 $ 17,882 OTHER Request Match Total Youth Board UAD Prevention Event (goods & services to be determined by youth board for Spring 2001 Event) $ 2,000 2,000 Training: Staff 1,000 1,000 " Youth Board 750 750 Total Other $ 2,000 1,750 3,750 UAD Budget Kent Drinking Driver Task Force Youth Conference __Page —4- Reauest Match Total COMMUNITY DONATIONS Goods & Services 11,300 Presenters (gratis) 6,000 Facility 7,000 Total Community Donations $ 24,300 S 24,300 VOLUNTEER HOURS (Youth = S8 1 Adult = $15) Conference (1,019 hrs per year x 2) 18,500 Youth Board Planning (650 hrs per year x 2) 10,400 Conference Implementation (570 hrs per year x 2) 10,750 Total Value of Volunteer Time $ 39,650 $ 39,650 FEES (two years) _ 35 schools x 10 team members x So.00 $ (4,200) $ (4,200) TOTAL KPO REQUEST (two years) $64,068 S 226,891 $ 290,959 WASHINGTON LIQUOR CONTROL 30ARIC BUDGET '-tint Traininc vVLCB agent x, „r 37= 372 cilnCS_,��/LC3 aCent(S) ,.cents x 6 nrs x stints years nr 6.696 5,596 �flres My r.cr Operative 'vcuth` IJ .Icuth @58.74 nr x 5 hrs x 3 stints 1,255 1,255 curt Minor Operative Costs 3 accearances x 3 hrs cJ S8.71 nr 209 209 Total WLC3 Contracted Costs S 8,532 S 3,532 TOTAL WLC3 REQUEST (two years) $ 8,932 S 8,532 Request Match Total WASHINGTON TRAFFIC SAFETY COMMISSION BUDGET Program Evaluation $5,000 $ 5,000 TOTAL WTSC REQUEST(two years) $5,000 $ 5,000 TOTAL UNDERAGE DRINKING PROGRAM COSTS —TWO YEARS S 77,600 $ 226,891 $304,491 JADbuaget Kent City Council Meeting Date July 5 , 2000 Category Consent Calendar 1 . SUBJECT: RIVERBEND GOLF EQUIPMENT SURPLUS AND SALE - AUTHORIZATION 2 . SUMMARY STATEMENT: As recommended by the Parks Committee, declare the designated golf equipment as surplus and authorize the trade and/or sale of said equipment . 3 . EXHIBITS: Memorandum from Parks Director 4 . RECOMMENDED BY: Staff , Parks Committee (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : Revenue from Sale 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G CITY OF KENT PARKS, RECREATION AND COMMUNITY SERVICES MEMORANDUM TO: Kent City Council FROM: John M. Hodgson, Director of Parks and Recreation DATE: June 27, 2000 SUBJECT: Riverbend Golf Equipment Surplus and Sale/Trade As part of the change in operation for the Riverbend Golf Complex, the consulting company Economic Research Associates recommended the City put the golf equipment in a municipal lease program. Staff completed the process for this and in May, City Council authorized the agreement of a municipal lease program for our golf equipment. As part of this program, current equipment will be traded in for the new equipment. The following pieces of golf equipment are recommended for surplus: 6544 Toro ground master 6545 Toro reel master 6546 Toro reel master 6547 Ford tractor 6548 Ford tractor 6554 Toro ground master A Kent City Council Meeting Date July 5 , 2000 Category Consent Calendar 1 . SUBJECT: PUBLIC WORKS TRAFFIC SECTION MAINTENANCE SHOP LEASE AGREEMENT - AUTHORIZATION 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, authorize the Mayor to sign the three year lease agreement with Totem Business Park, to facilitate the Public Works Dept Signal Operation and Maintenance facility, upon concurrence of the language therein by the City Attorney. 3 . EXHIBITS: Lease agreement and 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. 6H DEPARTMENT OF PUBLIC WORI(S July 3, 2000 TO: Public Works Comun.rtee FROM: Don Wickstrom lY SUBJECT: Public Works Traffic Section Maintenance Shop Lease Agreement The existing Public Works Traffic Section Maintenance Shop building will be demolished as part of the 196".Street Corridor project as it is in the alignment for the extension of 72"d Avenue north from 196"' Street. While we had originally deferred demolishing it for another year with all our road contractors working in the limited area per construction of the corridor, it's best that we free up the site for their _ use.- This would eliminate potential conflicts and possible change orders resulting from same. We are requesting authorization for the Mayor to sign the lease agreement (3 year lease) with Totem Business Park upon concurrence by the City Attorney with the language therein. MOTION: Recommend authorizing the Mayor to sign the 3-year lease agreement «nth Totem Business Park, to facilitate the Public Works Dept Signal Operation and Maintenance facility, upon concurrence of the language therein by the City Attorney MP2035 CONaIERCIAL LEASE THIS LEASE, dated foOONSIDERATION ce purposes only, the 15th day of June, 2000, is made by and between Totem Business Park, a Washi (hereinafter referred as "Lessor") and The City of Kent (hereinafter referred as "Lessee") whose addres '" Ave South, Kent, WA 98032, FOR AND IN of the mutual promises, covenants, and conditions hereinafter set forth, the parties agree as follows: PREMISES 1. Lessor does hereby lease to Lessee, subject to the terms and conditions hereinafter set forth, approximately 6,107 square feet as shown on exhibit A attached hereto which Leased Premises are situated upon and described in exhibit A attached hereto, hereinafter referred to as "Premises". Street address 1511 South Central, Suite C, Kent, WA. TERM 2. The term of this Lease shall be for Three (3) years and 0 months commencing on the 1st day of July and shall end on the 30th day of June 2003. RENTS AND PAYMENTS 3. Base rent will be: Months 1-24 $2,443.00 plus monthly adjustments* Months 25-36 $2,565.00 plus monthly adjustment * Monthly adjustments are currently estimated at S458.00 per month. Rent is due on the 1" day of each month and payable to Totem Business Park. Any payment not postmarked by the 7' of the month shall be assessed a 10% late charge and interest at a 18% annual rate. SECURITY DEPOSIT 4. Lessee shall make a security deposit of $3,023.00. This amount will be returned to Lessee after Lessee has vacated the Premises or applied against sums owed to Lessor by Lessee. No trust relationship is created between Lessor and Lessee with respect to said security deposit. COMMON AREAS 5. Common areas include parking areas and entrances and exits thereto, driveways and truck serviceways, sidewalks, landscaped areas, and other areas and facilities for the common or joint use and benefits of occupants of Premises; their employees, agents, customers, and invitees. Lessor reserves the right, from time to time, to reasonably alter said common area and to exercise control and management of the common area and to establish, modify, change and enforce such reasonable rules and regulations as Lessor in it discretion may deem desirable for the management of the Premises. Lessee agrees to abide by an3 conform to such rules and regulations and shall be responsible for the compliance with same by its employees, agent, customers, and invitees. The failure of Lessor to enforce any of such rules and regulations against Lessee or any other tenant shall not be deemed to be a waiver of same. So long as such closure does not interfere with lessee's use of the premises, Lessor shall have the right to close all or any portion of the common areas at such times and for such periods as may, in the opinion of the Lessor, be necessary to prevent a dedication thereof, or to preserve the status thereof as private P.SR:ppl0615srCITY0FKENTLEASE- 1 - property, or to prevent the accrual of any rights in any person; and Lessor may also close said common areas for the purpose of maintenance and repair as may be required from time to time. MONUILY ADJUSTMENTS 6. In addition to a base rent provided herein, Lessee promises and agrees to pay Lessor, on the first (I") day of each and every month during the term of the Lease, as additional rent, the following items, referred to as "monthly adjustments." Lessee's prorata share is 7.40% of the total building and "monthly adjustments" are estimates which will be adjusted during each calendar year. Any rental pursuant to this Section shall be deemed additional rent payable by Lessee hereunder, and in the event of nonpayment thereof, Lessor shall have similar rights with respect to such nonpayment as it has with respect to any other nonpayment of rent hereunder. (a) REAL ESTATE TAXES: A prorata share of real estate taxes accruing against the building of which the Premises are a part and the land described in exhibit "A", which become due and payable during the term of this Lease or any extension or renewal thereof. Lessee's portion of such taxes and assessments shall be prorated for any partial calendar year of the term of this Lease. (b) BUILDING INSURANCE: The prorata cost of all insurance premiums for fire, extended coverage and other insurance that Lessor deems necessary and keeps in force upon the buildings of which Premises are a part. (c) BUILDING COSTS: The prorata cost of operating, maintaining, repairing and replacement of any electrical, mechanical, automatic fire sprinkler and other utilities systems of the Leased Premises which may be common to the building of which Premises are a part. Such costs shall not include cost of maintenance or repair of roof, exterior walls (excluding doors and windows) and the foundation which costs are the responsibility of the Lessor. (d) COMMON AREA MAINTENANCE: Lessee's prorata share of all costs of operating, maintaining, repairing, and replacing the common areas, including but not limited to: gardenink and landscaping; painting; lighting; lamp replacement; sanitary control; personal property taxes; public liability and property damage insurance; utilities for common areas; licenses and fees for common area facilities; sweeping; removal of snow, trash, rubbish, garbage and other refuse; maintenance on machinery and equipment used in common area maintenance. Painting costs will be amortized over 5 years. (e) MANAGEMENT: Lessee's prorata.share of management charges. MAINTENANCE AND REPAIRS 7. Lessee shall, at its own expense, and at all times, keep the Premises and the sidewalks and loading areas immediately adjacent thereto, neat and clean and in a safe condition. Lessee shall also replace all broken glass and keep in good repair all doors and windows, electrical systems, mechanical systems, and utility systems within the Premises. Lessee shall vacate the building in as good condition as received. UTILITY AND TAXES 8. Lessee covenants and agrees to pay promptly, when due, all of the following: (A) All charges for water, sewer, garbage disposal, telephone, lights, heat, gas, power, and any other utilities or services furnished to or consumed upon the Leased Premises, whether separately metered or prorated by Lessor. Lessor shall not be liable for any injury or damages suffered as a result of the interruption of any of these services by fire or other casualty, strike,,riot, vandalism, or the making of necessary repair or improvements, or any other cause beyond Lessor's control. PSR:pp10615srCITY0FKENTLEASE-2 - (B) All license or permit fees, business and occupation taxes, and any other fees and taxes applicable to property of Lessee or business conducted on the Premises, presently in effect or subsequently levied by Federal, State, County, or Municipal Governments, or any other political subdivision thereof. (C) Should there presently be in effect or should there be enacted during the term of this Lease any law, statute, or ordinance levying any tax or LID assessment, Lessee shall reimburse Lessor monthly, as additional rent, an amount equal to the monthly prorata cost attributable to this Lease determined by using the longest repayment term available but no more than 20 years. EXAMINATION OF PREMISES 9. Lessee shall examine Premises before taking possession hereunder and such taking of possession shall be conclusive evidence that Lessee has accepted Premises in good order and satisfactory condition with the exception of latent defects. Lessee to videotape Premises prior to taking possession. Videotape to serve as benchmark for condition of Premises. NATURE OF USE 10. Lessee shall use the Premises for repair and maintenance and any other use as Lessor may approve in writing; shall comply with all applicable laws, ordinances, and governmental or municipal regulations and order; shall not occupy or use the Premises for any purposes not specifically authorized by this Lease; shall not permit any use of the Premises which may be dangerous to life, limb, or property, or which increases the premium cost or invalidates any policy of insurance covering or carried on the Premises, the building or its contents. In the event any such insurance premium is increased because of the action of the Lessee, Lessee shall reimburse Lessor for that cost. In the event the building requires any improvements as a result of Lessee's use, the Lessee is liable for all costs associated with said improvements. ALTERATIONS AND IMPROVEMENTS 11. Lessee will make no alterations or improvements without the written consent of the Lessor. Lessor- may impose such conditions upon its consent as Lessor deems appropriate. In the performance of such work, Lessee agrees to save Lessor harmless from:any damage, loss or expense and to comply with all laws, ordinances, rules and regulations of any proper public authority. Upon termination of this Lease, such alterations and improvements, except those specifically agreed to in the above written consent, shall remain upon and be surrendered as part of the Premises except unattached movable business fixtures; provided, however, that upon Lessor's request, Lessee shall promptly remove such alterations and improvement and restore the Premises to its original condition at Lessee's sole cost and expense. INDENLNIFICATION 12. Lessee hereby agrees to indemnify and hold harmless Lessor, its subsidiaries, directors, agents and employees from and against any and all damage, loss, liability or expense including but not limited to, attomeys' fees and legal costs suffered by same directly or by reason of any claim, suit or judgment brought by or in favor of any person or persons for damage, loss or expense due to, but not limited to, bodily injury, including death resulting anytime therefrom, and property damage sustained by such person or persons which arises out of, is occasioned by or in any way is attributable to the use or occupancy of the Leased Premises and adjacent areas by Lessee, the acts or omissions of the Lessee, its agents, employees or any contractors brought onto said Premises by the Lessee, except that caused by the negligence of Lessor or its employees, agents, customers and invitees. Such loss or damage shall include, but not be limited to, any injury or damage to Lessor's personnel (including death resulting anytime therefrom) or Premises. Lessee agrees that the obligations assumed herein shall survive this Lease. RSR;pp/0615srC1TY0FKENTLEASE-3 - D;SURANCE 13. Lessee hereby agrees to maintain in full force and effect at all times during the term of this Lease, at its own expense, for the protection of Lessee and Lessor, as their interests may appear, self insurance policies of insurance acceptable to Lessor which afford the following coverage's: (A) Commercial General Liability and Product Liability in a minimum combined limit of not less than 51,000,000. (B) Fire insurance with extended endorsement coverage upon Lessee's equipment, furniture, futures, merchandise and any other personal property located in the Premises in the amount of the full insurable value thereof. (C) Worker's Compensation as required by statute. Lessee shall deliver to Lessor Certificates of Insurance evidencing the above coverage's. DAMAGE OR DESTRUCTION 14. If the Premises are damaged by fire or other casualty to an extent which makes the Premises or a significant part of the Business Park untenantable, then the Lessee shall give notice of such event to the Lessor. Lessor shall then have 30 days to elect whether to repair or replace the Premises or to terminate this Lease. If the Lease is not terminated under this paragraph, then the rent shall be abated to the extent the Premises are untenantable during the repair or reconstruction. If more than 25% of the Premises become untenantable, Lessee shall have the option to terminate the Lease if not repaired and in tenantable, condition within 30 days of notice by Lessee. EMINENT DOMAIN 15. If the Premises or a portion of the Business Park is taken by eminent domain or sold to one having the power of eminent domain under threat of condemnation then, at Lessor's election, this Lease shall terminate and in such event the Lessee assigns to Lessor any right which the Lessee might have against the condemning parry for damages to the Lessee's interest as a tenant of the Premises. TRASH AND GARBAGE 16. Lessee shall place all trash and garbage in such areas and containers in such manner as prescribed by Lessor. Lessee shall not bum any trash or garbage in or about the buildings. SIGNS 17. All signs must comply with City of Kent regulations and be approved by Lessor. ASSIGNMENT AND SUBLETTING 18. Lessee shall not let or sublet the whole or any part of the Premises nor assign this Lease or any pan thereof without the consent of the Lessor which may not be unreasonably withheld. This Lease shall not be assignable by operation of law. If the Premises are sublet or an assignment of the Lease is made, the assignor, and if applicable and prior assignor, shall remain responsible and liable directly to Lessor for the payment of rent and the fulfillment of all other obligations hereunder for the term of the Lease and during any extension of the Lease through the exercise of any options then outstanding at the time of the assignment. Lessor shall have the right to assign its interest in this Lease without consent of Lessee. RSR.ppl0615srCITY0FKENTLEASE-4 E\-MY BY LESSOR 19. Lessor reserves the right, to enter Premises at reasonable hours to make inspections, repairs, alterations, or additions to the Premises or buildings, and to exhibit the Premises to prospective Lessees during the last 180 days of the Lease term on the condition that lessor notify lessee of entry. BREACH AND DEFAULT 20. Upon the happening of any of the following: (A) Lessee fails to keep or perform any of the covenants and agreements herein contained; (B) the making by Lessee of an assignment for benefit of its creditors; (C) the levying of a writ of execution or attachment on or against the Premises as the property of Lessee and the same not released or discharged within 90 days thereafter, (D) institution of proceedings in a court of competent jurisdiction for the reorganization, liquidation or involuntary dissolution of Lessee, or its adjudication of the property of Lessee, and said proceeding are not dismissed and any receiver, trustee, or liquidator appointed therein discharged, within 90 days after the institution of said proceedings; (E) Lessee creates a mechanic's lien or claim therefor against the Land or building of which the Premises are a part and the same not released, or otherwise provided for in the indemnification, within 10 days after written notice thereof first given to the Lessee; or (F) the failure of Lessee to pay an installation of rent postmarked within 7 days of the due date; then,the same shall constitute a breach hereof and Lessor may, at its option, without further notice or demand.. (1) Cure such breach for the account and at the expense of Lessee and such expense shall be deemed additional rent due on the first of the following month; or (2) Re-enter the Premises, remove all persons therefrom, take possession of the Premises and remove all equipment, fixtures and personal property therein at Lessee's risk and expense, and (i).terminate this Lease, or (ii) without terminating the Lease or in any way affecting the rights and remedies of Lessor or the obligations of Lessee, re-let the whole part or any part of the Premises, as agent for Lessee, upon such terms and conditions and for such term as Lessor may deem advisable, in which event the rents received shall first be applied to the costs of re-letting, including necessary renovation and alteration and any real estate commission incurred, and the balance of such rent shall be applied towards payment of 0 sums due or to become due to Lessor hereunder, and Lessee shall pay to Lessor monthly any deficiency; however, Lessor shall not be required to pay any excess to Lessee. (3) The failure of the lessor to keep or perform any of the covenants and agreements herein contained Shall constitute a breach hereof, and the lessee may by giving proper notice vacate the premises without penalty. Vacation of the premises by lessee shall not prohibit lessee from pursuing other remedies afforded by law or contract provided the failure by Lessor is within his ability to control. The failure to terminate this Lease at any time for the breach of any of the terms hereof shall be deemed only an indulgency by Lessor, and shall not be construed to be a waiver of the rights of Lessor as to any continued or subsequent breach. If any amount due from Lessee is not postmarked by the seventh (7") day after it is due, a late charge of 10% of said amount owed will become due and payable. All past due amounts will be assessed interest from the due date until paid at an annual rate of interest of 18%. The above remedies are cumulative and in addition to any other remedies now or hereafter allowed by law or elsewhere provided for in this Lease. RSR:pp/0615srCI7Y0FKENTLEASE-5- REMOVAL OF PROPERTY 21. In the event of any entry in, or taking possession of the Premises, Lessor shall have the right, but not the obligation, to remove from the Premises all personal property located therein, and to sell such property. Notice shall be given to Lessee prior to the sale of any property pursuant to this section. The proceeds of such sale shall be applied first to the cost of such saie; second to the payment of the charges for storage, if any; third to the payment of any sums of money which may be due from Lessee to Lessor under any of the terms hereof, and the balance, if any, shall be paid to Lessee. COSTS AND ATTORNEY'S FEES 22. If by reason of any default on the part of Lessee, it becomes necessary for the Lessor to employ an attorney or in case Lessor shall bring suit to recover any rent due hereunder, or for the breach of any provision of this Lease or to recover possession of the Leased Premises, or if Lessee shall bring any action for any relief against Lessor, declaratory or otherwise, arising out of this Lease, the prevailing parry shall have and recover against the other parry, in addition to the cost allowed by law, its actual attorney's fee incurred by said action. In the event the Lessee defaults in the payment of rental, the Lessee agrees xo pay for the reasonable cost of any collection agency or attorney, employed by Lessor to recover the payments. HOLDING OVER 23. If Lessee shall hold over after the expiration of the term of this Lease and shall not have agreed in writing with Lessor upon the terms and provisions of a new Lease prior to such expiration, Lessee shall remain bound by all the terms, covenants and agreements hereof, except that the tenancy shall be month to month and monthly rent shall be 150%. SUBROGATION WAIVER 24. Lessor and Lessee each herewith and hereby release and relieve each other and waive their entire right of recovery against the other for loss or damage arising out of or incident to the perils of fire, explosion or any other perils described in the "Extended Coverage" insurance endorsement approved for use in the State of Washington which occurs in, on, or about the Premises, whether due to the negligence of either party, their agents, employees or otherwise. SUBORDINATION 25. This Lease shall be subject and subordinate to the rights of any party which now has or subsequently obtains a valid security interest in all or part of the Premises or buildings if such security interest is obtained by a voluntary act of the Lessor. RSR:pp/0615srCITY0FKEN'TLEASE -6- NOTICE 26. Any notice, approval, consent or request required or permitted under this Lease shall be in writing and shall be delivered to or mailed to the person entitled to receive the same at the address stated below or such addresses as may be substituted by notice. Notices to the Lessor shall be given to: Totem Business Park PO Box 602 Kent, WA 98035 Notices to the Lessee shall be given to: REGULATIONS 27. Lessor for the proper maintenance of the building, the rendering of services and providing of safety and cleanliness may make an/or alter from time to time regulations appropriate for said purposes. Failure to comply with these regulations shall constitute a breach of the Lease. DAMAGE TO LESSEE'S PROPERTY 28. Lessor or its agents shall not be liable for any damage to Lessee's property, except that caused by negligence of Lessor, which is caused by the following: (a) any damage to any property entrusted to employees of Lessor, (b) loss or damage to any property by theft or otherwise, or (c) any injury or damage to property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any pan of the building or from the pipes, appliances or plumbing work therein or from the roof, street, or sub-surface or from any other place or resulting from dampness. Lessor or its agents shall not be liable for interference with light or other incorporeal heraditaments, nor shall Lessor be liable for any latent defect in the Premises or in the building. Lessee shall give prompt notice to Lessor in case of fire or accidents in the Premises or in the building or of defects herein or in the fixtures or equipment. LE"TrS OF LIABILITY 29. In consideration of the benefits accruing hereunder, Lessee and all successors covenant and agree that, in the event of any actual or alleged failure, breach or default hereunder by Lessor: a. The sole and exclusive remedy shall be against the Lessor's interest in the building; b. No general or limited partner of the Lessor shall be sued or framed as a party in any suit or action (except as may be necessary to secure jurisdiction of the partnership); c. No service or process shall-be made against any general or limited partner of the Lessor (except as necessary to secure jurisdiction of the partnership); d. No general or limited partner of the Lessor shall be required to answer or otherwise please to any service or process; e. No judgment will be taken against any general or limited partner of the Lessor; f. No writ of execution will ever be levied against the asset of any general or limited partner of the Lessor; g. These covenants and agreements are enforceable by Lessor and also any partner of Lessor. RSR:pp/0615srC1TY0FKENTLEASE-7 - EINMRE AGREEMENT 30. This Lease contains the entire agreement between Lessor and Lessee concerning the leasing of the Premises. There are no oral or written agreements in addition to those made herein. This Lease may only be altered by written consent of both Lessor and Lessee. HEIRS AND SUCCESSORS 31. Subject to the provisions hereof pertaining to assignment and subletting, the covenants and agreements of this Lease shall be binding upon the heirs, legal representatives, successors and assigns of any or all of the parties hereto. ENVIRONMENTAL PROVISIONS 32. Lessor agrees to hold Lessee harmless from any expenses, damages, or liabilities, including reasonable attorney's fees, directly or indirectly arising out of or attributable to the use, generation, manufacture, production, storage, release, discharge, disposal, or presence of any hazardous or toxic waste substance on the Premises prior to possession by Lessee. Lessee shall protect, defend and hold harmless Lessor and its assigns from any loss, damage, cost, expense, or liability (including reasonable attorney fees and costs) directly or indirectly arising out of or attributable to the use, generation, manufacture, production, storage, release, discharge, disposal, or presence of any hazardous or toxic waste substance caused by the Lessee and its employees, agents, contractors and invitees. Lessee shall give prompt notice to Lessor of any proceeding or inquiry by any government authority with respect to any hazardous or toxic materials. HAZARDOUS SUBSTANCES: a. "Hazardous Substances" means any substance, waste or material which is deemed hazardous toxic, a pollutant or contaminate, under any federal, state, or local statute, law, ordinance, rule regulation, or judicial or administrative order or decision, now or hereafter in effect. b. "Hazardous Substances on the Premises" means any hazardous substance present in or on the Premises including, without limitation, in or on the surface or beneath the Premises, the surface or ground water, and in or on any improvement or part thereof at or beneath the surface of the Premises. c. "Applicable Law" shall mean all federal, state, and local statutes, laws, ordinances, rules and regulations and judicial and administrative orders, rulings, and decisions that are applicable now or in the future to the Premises or to any portion thereof or to any activity which shall take place thereon. d. "Premises" for purposes of this Lease include the building, other improvements, and the land on which they are located. Lessor and Lessee shall not generate, store, dispose of or otherwise handle any Hazardous Substance on the Premises in any fashion contrary to applicable law. d RSR:pp/0615srCITY0FKENTLEASE-8 - AUTHORITY TO SIGNIREPRESEN"TATION 33. If Lessee is a corporation, the person(s) signing this Lease on behalf of the corporation/company hereby warrant(s) that (s)he then, has/have full authority from such corporation to sign this Lease and to obligate the corporation/company. The parties hereto acknowledge that R. Scott Rice of The Andover Company, Inc. and Gary Volchok of CB Richard Ellis were the real estate broker who represented the parties herein, and shall be paid a commission of five percent (5%) and that no other commissions are due to any brokers whatsoever, other than the above named brokers. Apart from the foregoing, each party represents that it has not had any dealings with any real estate broker, finder, or other person, with respect to this Lease in any manner, and each parry agrees to hold harmless the other parry from all costs, expenses, and/or damages, resulting from any claims that may be asserted against the other parry by any broker, finder, or other person, with whom the other parry has or purportedly has dealt. TIME IS OF THE ESSENCE OF THIS AGREEMENT IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the date set forth below. By: By: Lessee: Lessor: Date: Date: P,SR:pp/06I5srCITY0FKENTLEASE-9- E-XHiBiTi A 1 I I m 1 I Tn � •% � I o,y Q a a /�Y c 1 � •: r '- Or e W I � u I o � olo _LL e1 e r � e1 Q , ' o 1 "r } El I � � q i Kent City Council Meeting Date July 5 , 2000 Category Other Business 1 . SUBJECT: URBAN SEPARATORS 2 . SUMMARY STATEMENT: On February 15, 2000 , the City Council voted to table two annual comprehensive plan amendment applications . These applications were the Cairnes amendment and the Pacific Industries amendment . Both of these amendments involved property designated as "urban separator" by county- wide planning policy. The matter was referred to the City Council Planning Committee, which held meetings on this issue on March 6, April 3 , and May 1, 2000 . At their May 1st meeting, the Planning Committee voted to recommend a strategy to the full City Council . The documents in the council agenda packet detail the recommendation of the Planning Committee. 3 . EXHIBITS: Memo dated 6/6/00 and other staff reports dated 3/6, 4/3 , and 5/l/00 4 . RECOMMENDED BY: Planning 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 to direct the City Attorney t prepare a resolution authorizing an emergency amendment to th Kent Comprehensive Plan and directing the staff and Lan Use & Planning Board to initiate an amendment to the Plan t incorporate the City' s policy relating to Urban Separat rs . _ DISCUSSION: ACTION: Council Agend Item No. 7A r tY OF '0 �11\� ZS Jim White, Mayor Planning Department (253) 856-5454/FAX (253) 856-6454 James P. Harris, Planning Director June 6, 2000 TO: MAYOR JIM WHITE FROM: FRED N. SATTERSTROM, PLAt�NTNG MANAGER SUBJECT: URBAN SEPARATORS POLICY DIRECTION On February 15, 2000, the City Council voted to table two annual plan amendment applications. These two applications were the Caimes amendment (#CPA-99-3A) and the Pacific Industries amendment (mCPA-99-3D). Both of these amendments are located in areas designated as "Urban Separator" and may be affected by Counry-wide planning policies related to such designation. The City Council tabled action on these amendments in order to allow time for the Council's Planning Committee to review the urban separator issue and the impact of such a designation on the City's ability to make land use planning decisions on such lands. The Planning Committee has conducted an extensive review of the urban separator issue. Three meetings - March 6, April 3, and May 1, 2000 - were committed almost exclusively to a discussion of the origins on urban separators, the intent of county-wide planning policy, and the geographic distribution and nature of the urban separator designation in the Kent area and King County in general. In addition, the City's Law department has concluded a Iegal analysis of the policy, which was presented to the Committee as well. (The staff reports and legal opinion are attached with this memo.) The Committee considered all of this information in addition to public testimony when it made the following recommendation to the full Council at its May 1, 2000 meeting. Recommendation: The Planning Committee recommends that a comprehensive plan amendment be initiated by the Planning staff and Land Use & Planning Board to establish a local policy on Urban Separators and that the City Attorney prepare a resolution declaring an emergency and directing the staff and LU&PB to initiate a comprehensive plan amendment to effectuate a local urban separator policy-This policy shall recognize the Urban Separators framework county-wide planning policy but reserve discretion on a local basis to regulate land use and density on such lands. This matter shall be referred to the Land Use & Planning Board for a specific recommendation on a map overlay designation and criteria to be used in the local review and evaluation process. FNS/mjp:p:urbanseparators cc: James P. Harris, Planning Director Charlene Anderson, Senior Planner Roger Lubovich, City Attorney 220 uh AVE, SO.. / KENT.WASHINGTOiN 93032-3395 i TELEPHONE (253)356-5200 CITY OF K !S I I^� Jim White, Mayor <<`fVIC'ft' Planning Department (253) 856-54541FAX(253) 856-6454 James P. Harris, Planning Director May 1, 2000 TO: TOM BROTHERTON, CHAIR .4%ND PLAYNTNG COMMITTEE MEMBERS FROM: FRED N. SATTERSTROM, PLANNING MAINAGER RE: URBAN SEPARATORS — OPTIONS FOR CITY COUNCIL ACTION The City Council Planning Committee has discussed the issue of urban separators for the past two months. At its last meeting on April 3, 2000, the Committee requested staff to come back with options for Council action, having discussed the origins of the urban separator policy, its purposes, geographic application, legal aspects, and potential land use planning implications. (Staff has attached each of these previous staff reports so as not to repeat that information here.) Options: Planning Department staff have met with the City's legal staff in order to outline a number of alternative policy directions to resolve the City's position on the county-wide planning policy (LU-27) pertaining to urban,separators. For the Council's convenience, LU-27 reads as follows: Urban separators are low density areas or areas of little development within the Urban Growth area. Urban separators shall be defined as permanent low-density lands, which protect adjacent resource lands, rural areas, and environmentally sensitive areas and create open space corridors within and between urban areas, which provide environmental, visual, recreational, and wildlife benefits. Designated urban separators shall not be re-designated in the future (within the 20-year planning cycle) to other uses or higher densities. The maintenance of these urban separators is a regional as well as a local concern. Therefore, no modification should be made to the development regulations governing these areas without King County review and concurrence. This policy, as has been discussed, is both a "framework" policy and, in effect, a development regulation. That is, while LU-27 defines urban separators and suggests they are of regional importance, it goes much further in prescribing density controls and limiting local planning authority. According to the City's legal analysis, the intent of the policy as a framework for I local planning is legitimate but, the regulatory aspect of it is not. There are several options the City Council may consider to resolve this issue. These options include the following: „n �_ :n i 'CEvT W Curti'nTOu uSn3].;905 1 TELEPNCNE r253) 456-5'_00 __. Urban Separators-Options for City Council Action Planning Committee, May 1, 2000 Page 2 —., 1. No Local Discretion/Literal Interpretation and Implementation Under this alternative, the City would superimpose the County's urban separator designation over its comprehensive plan and zoning maps, and disallow any changes in density until 2012 ' unless reviewed and approved by King County first. The mapped designation would be applied pursuant to the County's parcel map and density would be restricted to no more than one.unit per acre. Pros: • Consistent with policy and regulatory aspects of LU-27 • Predictability; little change in land use permitted Cons: ■ Lack of local land use planning authority within substantial area • Allow little flexibility for lands where growth factors may change over time Z. Complete Local Control/Ignore Regional Policy Under this option, the City would evaluate plan amendments on a case-by-case basis, but whether the property in question were designated within an urban separator would not be considered. There would be no need to track nor map urban separators since this designation would not have an impact on the decision-making process. Decisions regarding density and development potential would be based on other factors, such as compatibility with surrounding land use, concurrency, and so forth. Pros: ■ Ease of administration; no confusion caused by designation • Local control Cons: • Not consistent with intent of framework policy LU-27 • Not consistent with City's ratification of county-wide planning policies 3. General Implementation of Urban Separator with Limited Local Discretion Under this alternative, the City would recognize and attempt to implement the framework policy on urban separators but reserve discretion on a local basis to regulate land use and density on such lands. At least two different sub-policy directions were identified by staff which may accomplish this objective, distinguished primarily by how urban separators are identified: A. Utilize the County's map(s). Under this option, the City would simply use the designation developed by King County and superimpose this over its own plan and zoning maps. For the most part, this map follows property lines and streets and, therefore, is a very precise, zoning-type map. While the City would utilize the County's map designation without issue, density decisions and land development regulations would be decided by the City. Low density development would be the goal, but the City would retain the prerogative of varying this (� f Urban Separators-Options for City Council Action Planning Committee, May 1, 2000 Page 3 density according to circumstances of each affected property. Nevertheless, the density of affected parcels would not be expected to exceed four (4) units per acre. B. Develop a Generalized Map. Under this alternative, the City would develop a more generalized urban separator designation which, while not following the rigid, zoning-like designation mapped by the County, would echo the basic pattern of urban separators in a more generalized (conceptual) fashion. This revised and more generalized designation would trigger a special, local review process when properties within this area are proposed for higher densities. Review criteria would be developed to ensure the integrity and longevity of designated urban separator areas, but local discretion would be reserved to allow higher density where properties only marginally contributed to urban separation objectives. Pros: • Implements the spirit of LU-27 • Allows for local flexibility in implementation of LU-27 Cons: ■ May ultimately mean less area is designated urban separator • Confusion continues as to the effects of LU-27 on adjacent lands STAFF RECOMMENDATION: Staff recommends the City Council endorse Option 3.B. This alternative would recognize the urban separator framework policy but allow for local flexibility in identifying specific lands which would fulfill the objectives of county-wide planning policy LU-27. Should the City Council concur with the intent of Option 3.3, then the matter should be referred to the Land Use & Planning Board for a specific recommendation on a map overlay designation and criteria to be used in the local review and evaluation process. Since this entails an amendment to the City's comprehensive plan, the City Council should simultaneously declare an emergency in order to begin the plan amendment process prior to the September I" deadline. FNS\pm IICEMc-NNUIUSERSIPLAN7VI7VGIPUBLICL4DMINVu27opuloc cc: James P. Harris, Planning Director Roger Lubovich, City Attorney a 1 � - '�=1-•r=fie• u-W�`a - - �+�� ...I �r •��I.�� .�9 43 �-{' •Vrr-3 .Y,�"'(c 663'1rJ� Ir a � 3 'F !�. J-7 \.r_ I ,� . ��d�l��4�f,-a�''7'{.�1�. 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PLAIN] �s e ' +gn=iture Uvst«n q antl a towN ho cases i r- I= Nagnbornooa 8.wl ssCull, Mnnq Ica CwNlinq unit a° a,u LA�I•�1^0 USE Iv1AP 301 Comm«aa(OutudsO(Cartlars �� urtwnbelWPoanSogwator emwrssratu1lUwa%a.ew4mVt0:,Ma c l 9J V nblrtltM tKLlr iv corns w.ew(yn dPrl':rltt aaa.cw a rm coo a ene farereuntne nrn ma era_ a:toe Urban Plan Oeveleomm( (- King CountyO ya%rtphrlr al.MrrtWa hr.l Jlllwsftm:Wwwe Township 22 Range S cow$PaceRec Baea con nme:rr mutm u[a caw can.nae.ee„tine ��J Urban Rr:vom Wl i IZt1u:]C' uanteenett rterneo AliT7.Ge'OIrO.OxlCrin6 UsZ Includes Comprehensive N+ .t m= r e9sa - ac . eaS..wsaC aFsf n66C°°Ivm.tl ar]..wraretr Na Plan Land Use changes K �� InCo oo atWGv Rrtt.m r.nmmbavey n•ue•+r mr n:w:osva+a Urom Atsid •teal ltlu/]C' ".J"aYe..le le+en'i through Ordinance e13273 w uman i°wm (0ctobert998) Ru(y C;m area au dwy t%rtl:el tJ(e'.rn Le;l �a^^�+� fury :uw.r otatnc:aucn°ary I Rury Ruvd,t].J I•Sr::S.1.LC PLANNING COMMITTEE MINUTES APRIL 3, 2000 COMMITTEE MEMBERS PRESENT: Chair Tom Brotherton, Judy Woods, Tim Clark STAFF PRESENT: Fred Satterstrom, Roger Lubovich, Jackie Bicknell PUBLIC PRESENT': Joe Miles, Paul Morford, Mary Saucier, Ardis Johnson Svenning, Orville Svenning, Dr. Lawrence Dora, Ann Dora, Ted Nixon, Jack Kastien Committee Chair Tom Brotherton called the meeting to order at 1:03 P.M. .Approval of Minutes of March 6. 2000 Committee Member Judy Woods moved approval of the minutes of March 6, 2000. Committee Member Tim Clark seconded the motien and it passed 3-0. Urban Separators Panning Manager Fred Satterstrom recapped that at the last Committee meeting there were questions about Urban Separator which have since been researched and a response prepared and included in the agenda packet. Some of the main issues that came up during the previous discussion were: the purposes of Urban Separators, the history behind their origin, where they are mapped in Kling County, and what other cities have done to recognize the presence of urban separators in their jurisdiction. The Countywide Planning Policy statement LU-27 deals with Urban Separator. Urban Separators are areas of open space, natural areas, wildlife areas, areas of open space and separations between urban areas, and are basically areas of low density development. The Countywide Planning Policy says that these lands shall remain low density for a period of 20 years and shall not be changed by jurisdictions even if annexed without the review and approval of Kin; County. Two properties asking for City of Kent Comp Plan amendments this past year are in areas designated by Kin; County, when under the jurisdiction of King County, as Urban Separators in Kin; County's Comprehensive Plan. Council has tabled action on those two amendments until the end of the discussion on Urban Separators. Mr. Satterstrom had discussions with the King Counry Executive's office and members of their Strategic Planning Department, and talked with planners and planning directors from some of the cities that have Urban Separators within their jurisdictions. The designation of Urban Separator appears only on Kin; County's Comprehensive Plan Nlap. It was not part of the Countywide Planning Policies. The origins seem to extend back to about 1990 when King Cou my was doing community plans. That was before the County adopted their 1994 Growth Management Act Plan. Three plans were being worked at the time "Urban Separator" became a popular term: the North Shore, north of Lake Washington; the Sammamish east of Lake Sammamish; and the Soos Creek community. When the County adopted the community plans there was a designation called Urban GreenbeltlUrban Separator. The Urban Separator designation accomplished a separation between cities such as Kent and Auburn, and Kent and Renton, and protected parks, connecting PLANNING COMMITTEE MINUTES March 6, 2000 COtu[MITTEE MEMBERS PRESENT: Chair Tom Brotherton, Judy Woods, Tim Clark STAFF PRESENT: Tom Brubaker, Kevin O'Neill, Fred Sacterstrom, John Hodgson, Conrue Epperly, Roger Lubovich, Rico Yingling, Sandy Amodt, Jackie Bicknell PUBLIC PRESENT: Rita Bailee, Joe Miles, Greg Cox, Mary Saucei, Don Dvorak, Bob Nelson The meeting was called to order by Chair Tom Brotherton at 5:03 PM. Approval of Minutes of February 7. 2000. Committee Member Tim Clark moved to approve the minutes of February 7, 2000. The motion was seconded by Conu itte_e Member Judy Woods and carried 3-0. Urban Separator Countywide Planning Policv Tom Brother-ton, in introducing the Urban Separator Countywide Planning Policy item, said that two pieces of property had come forward in the Comprehensive Plan Review Process asking for a change in the Comprehensive Plan. Those two properties were located in an area that the County had designated as an Urban Separator area with the requirement that they be kept at the low density of one dwelling unit per acre. The City of Kent does not have a policy on Urban Separators at this time and it was decided that the Planning Committee would work on formulating a policy and then go back and reevaluate those two pieces of property. The legal staff advised that the City is not bound by the County policy and could form its own policy. There are three options: adopt the County's policy as is; create a new policy; or do nothing. Mr. Brotherton said a second meeting would be held to take input from the community on what the policy should be in the Kent area. Following that meeting, staff would take the input and create a recommendation which would be brought back to another meeting of the Planning Committee. It would then be passed on to the Ciry Council for adoption as a Keat policy. When the policy is adopted, the two pieces of property that raised the question would go back to the Land Use and Planning Board to be considered in light of the new policy. Judy Woods pointed out that the urban separator issue connects Kent with neighboring jurisdictions, particularly Covington, and there have been concerns -xoressed from folks in the City of Covington about what Kent's respective policies might be. Planning Manager Fred Satterstrom said the Urban Separator Policy already exists as a countywide planning policy. When staff and the Committee talk about establishing an Urban Separator Policy, that is really looking at what the.City of Kent's position would be on land use planning, knowing that the policy exists. The City may have some appeal grounds, but would not be developing a policy as the policy has existed since the countywide planning policies were ratified in 1994 by the City of Kent. The Urban Separator policy didn't concern the City in 1994 because annexation of the area was f f Planning Committee, 3/6/00 Page 2 years off and the City was looking at the land uses on its direct border, getting its own I nfrastructure and capital facilities consistent with the Land Use Plan. At the time Kent adopted its Comprehensive Plan in 1995, the Urban Separator designation on the County's Comprehensive Plan applied to certain properties in unincorporated King County. The Land Use Policy in the Countywide Planning Policies defines urban Separators as low density areas or areas of little development within the Urban Growth area; permanent low-density lands, which protect adjacent resource lands, rural areas, and environmentally sensitive areas and create open space corridors within and between urban areas, which provide environmental, visual, recreational, and wildlife benefits. Designated urban separators shall not be re-designated in the future within the 20 year planning cycle to other uses or higher densities. The maintenance of these urban separators is a regional as well as a local concern. Therefore, no modification should be made to the development regiclarions governing these areas without icing County review and concurrence. Even though these areas are within the Kent City Limits because of annexation, the Countywide Planning Policy says there can be no modification to them without King County's review and approval. The legal opinion from the Law Department was not available for the Land Use and Planning Board hearings. raced with the literal interpretation of the policy, the Board did not want to act and sent the requests for amendments to the City Council. Later the legal interpretation was given which says that this countywide framework policy goes well I eyond being a policy and becomes in essence a substantive regulation to being a development regulation and therefore should not be looked at as a framework policy because it is too specific. It actually gives a regulatory effect to a framework policy. The legal analysis depends upon a number of things including some Growth Management Hearin; Board decisions that have already been rendered dealing with a similar issue and a three-prong test. In essence the conclusion of the legal analysis is: That a specific Countywide Planning Policy on Urban Separators cannot provide substantive direction or restrict the City's land use power in proposing comprehensive plan amendments of newly annexed areas, so long as such Comprehensive Plan amendments are consistent with the goals and objectives of the City's adopted Comprehensive Plan and with the overall framework of the adopted Countywide Planning Policies. The City has annexed substantial area in conjunction with the Meridian and Meridian Valley Annexation areas, and as a consequence, has annexed in many acres or-Urban Separator areas. Some have been rezoned to higher-density uses (the highest use to that or-SR 4.5). In the County's Comprehensive Plan map, the Urban Separator designation indicates one unit per acre is the highest density allowed. That was exceeded on some properties in 1996 when rezoning was done in the area, as the policy and its impact on Urban Separator lands has only come to staff s direct attention within the last year. There are a number of responses or actions that the City Council could take in light of Q' knowing about the Urban Separator Countywide Planning Policy. The policy could be accepted at face value and implemented literally, which would probably mean going back Ptanning C;omrrunee, _)ioiuu -a -_ , and rezoning properties that have been zoned to higher uses. That would mean denial of any future requests for Comprehensive Plan amendments in those areas that would be requesting any change in use or change in density. The policy could be ignored, and Kent could make land use decisions case by case based on whether or not they are consistent with Kent's Comprehensive Plan. A third option, one that staff recommends, is to seek to change or clarify the Countywide Planning Policy and to pursue a discussion on a regional basis. There may be something in the policy that gives cities some discretion. The RCW, Stare Growth Management Law says that Countywide Planning Policies are not supposed to abridge a city's own local land use planning authority. If, after a regional discussion, it's found there is no local authority, then the City Council could pursue an amendment on a countywide basis that would establish some local land use planning authority, even though an area may be designated as an Urban Separator. Tom Brotherton asked if other cities had been in similar situations within the County. Mr. Satterstrom said there are Urban Separators in other communities. The City of Kirkland has one, but there seems to be a disproportionate application of the concept in the Kent area. Staff does not have a complete map showing all the Urban Separator areas in the County. They exist in the East Hill plateau between Kent and Auburn, along the Soos Creek Trail on the west side in association with Soos Creek Park, a part that goes west from the nark over towards the valley, and Panther Lake which presumably was desipated as urban Separator to separate and provide a visual barrier between Renton on the north and Kent on the south. Mr. Satterstrom said the map reflects the area after annexation of the Lake Meridian area but oror to the annexation of the country club and other area in 1997. The 1994 map shows the Urban Separators to be a substantial area orior to annexation of Lake Meridian. Tom Brotherton commented that the lines shown on the map were erratic and obviously didn't draw just a zone, but looked as if they went down individual properties lines. He asked why there would be an urban separator designation between the urban and rural areas. Fred Satterstrom supposed one purpose was to separate urban areas or cities like Kent and Auburn, and another purpose was to provide open space that would protect adjacent resource lands and environmentally sensitive areas. He said there are probably different objectives that the Urban Separators are trying to achieve. along the park it may be to provide additional protection for the stream, the environmentally sensitive area. The Urban Separators definitely follow property lines and are supposed to refer to areas which have little development and are low density. Most of the properties have Little development associated with them or did when they were designated in 1994-1995. The Pacific Industries property designation along 240`h came up to the plat, followed the line where the undeveloped or lower density properties were and did not take in the subdivision, although certain characteristics of the property were very similar. Some of the Urban Separator areas are constrained lands and might have steep slopes or wetlands. But a substantial number are flat and gently rolling, and do not appear to have any environmental constraints. They may be no more than just areas of little development. Some are near utilities, but others are relatively remote from utilities and are less likely to develop in the near future. Nowhere else in the County is there the Ptaaning Coaunittee, 3/6/00 Page 4 same pattern that prevails for Urban Separators as in the Kent area. The policy is very inconsistently applied to jurisdictions in the Puget Sound area and Kent is probably the jurisdiction that is constrained the most in terms of land use planning in the corporate limits as well as futuristically in the potential annexation areas. Judy Woods asked that stair bring a map to the next meeting that would show where the other Urban Separators were located. She wondered if there would be a way to determine what the County's thinking process was in establishing that particular policy in order to know if there was a particular reason why Kent seemed to have been identified as the area where most of the Urban Separators exist. Ms. Woods also requested information on the extent to which the issue is regional and the extent to which Kent's discussions with the County should be part of a regional package. She asked how time sensitive the issue might be because of the difficulty in getting other jurisdictions involved in the discussions. Tom Brotherton said-he would like to set a schedule for the Kent residents who own property in the areas to come in to talk to the Committee, and after that staff could talk to neighboring jurisdictions as needed to set the policies. Ms. Woods reminded Mr. Brotherton that pan of the recommendation of the Planning Department was to begin those conversations with the County and there would be two processes going on simultaneously, the conversation with the County and conversations with the people in the community. She inquired of Mr. Satterstrom whether there should be simultaneous processes. Fred Sanerstrom said it would depend on whether or not the Committee would want to move forward to a public arena before further information was T gathered. He reiterated the information already requested as: any efforts other cities have initiated and what their policies might be concerrung Urban Separators; a map of the Urban Separators in other jurisdictions; and the purpose and history of the Urban Separator itself. Tim Clark said one of the properties affected by the policy was inherited from the County and is surrounded on four sides by development. T'ne County created the policy and either grandfathered it or was trying to put in place something in a general fashion that was inconsistent with the way the area was already developed. It's possible that something, fell through the cracks. Mr. Satterstrom said one of the problems is that the Policy is written like a development regulation and there's no authority given to a city and its local decision makers to interpret whether or not a piece of ground would be a good Urban Separator or not. The decision has been made already, and whether or not the property is surrounded by development on 'bur sides, the policy says nothing, can be done with it. Yet, when the properties are looked at under the Comprehensive Plan amendment, Given the changes that occur to cities and areas over a 20 year period, they may have become ripe for development at some time with less reason to keep them in the one unit per acre designation permanently. Still, there's no authority given to make that decision and it is the County that determines whether or not the City can change the designation or not. It's a unique situation where the previous land use authority of King County still has some control over what the density is on a piece of ground inside the -� City of Kent. If the policy is implemented literally, then Urban Separators would need to Plan=g Committee, 3/6/00 Page 5 be designated on the Comprehensive Plan, and the City should not entertain applications for plan amendments because they could not be approved by the policy. Tom Brotherton said one of the issues brought up in the Legal analysis is property rights. The RCW provides that private property should not be taken for public use without just compensation. A separate RCW directs each jurisdiction in planning its GMA to define open space corridors and purchase the land for them or at least the development price. He asked if any effort had been made to purchase the greenbelt Urban Separator areas by the County when it identified them as such. Mr. Satterstrom said he had no knowledge of that being done. Ir_ Brotherton questioned whether the City would be accepting liability to later purchase the land if the policy was followed and development of a piece of property not allowed because of that reason. Deputy City Attorney Tom Brubaker said his immediate reaction was that that kind of regulation would not constitute a taking or inverse condemnation which would put the City in a position to compensate property owners, however the issue would need to be researched. Typically, regulations on land, unless extremely expansive, do not put the City in a position to compensate the property owners. Tom Brotherton said he would like to get the public input out of the way as soon as possible. People already know whether they want open space or if they want to develop their property and they can explain what their concerns are. The issues with the other jurisdictions may take longer but the Committee would be deliberative and staff would give a thorough well researched recommendation on what to do. Tim Clark suggested ialcing the public input after discussing the issue with the other jurisdictions as there may then be a different set of rules to play by. The purpose of input is to affect the decision made. If Kent jointly pursues the issue as a policy with the Suburban Cities Association or other entity, and the group moves forward in a definite direction that the County agrees with, then it could come down to a decision of what Kent would personally do and the oubiic input would then affect the final design of the Comp Plan. Tom Brubaker suggested that the Law Department and Planning Department have an opportunity to do more research and look into the issues of rights and liabilities in order to come back with a baseline picture that would be beneficial to the Committee and to the public who might want to comment. He said eminent domain and adverse condemnation issues would need to be looked at. Fred Satterstrom said he would take it upon himself to initiate discussions with the County's Regional Planning Policy Department to research the purposes and history for Urban Separators and to gather information on how they have been implemented in other cities. He would also talk with the Planning Directors in other cities that are affected by the policy, and have that information ready for the next Committee meeting. Tom Brotherton said he would like to set a date for the public input at the next meeting and suggested that people might want to submit their input electronically. Tim Clark clarified that no action would be taken at the next meeting. Mr. Brotherton suggested that the sensitive area ordinance would be another area to consider when doing research and talking to other jurisdictions. One of the reasons stated for the greenbelt Urban Separators was to protect sensitive areas. Since the policy was Planning Committee, 3/6/00 Page 6 written, the City's sensatory ordinances have changed and may now supercede that policy. Tim Clark moved to direct staff to bring back to Committee a report concerning the legal standing and the contacts with the County so there would be a basis for reviewing the City's own Comp Plan for discussion at the next regular meeting. 'No action would be taken at that point, but the agenda would be set for further action to be taken on the issue. Judy Woods seconded the motion and it carried 3-0. Citizen Comment: Joe Miles, President of Friends of Soos Creek Park, 24639 156`f' Avenue SE, Kent, said he would like to look at the purpose of the Urban Separator policy to see the real benefits. He said it was a quality of life issue for the citizens of Kent. Urban Separators separate the urban areas so there is not an urban sprawl of continuation from one city to another like other parts of the country. That is a true benefit. They are also a direct benefit for the local wildlife populations in the area and provide wildlife and fisheries habitat corridors. Soos Creek is used by Chinook salmon, and wildlife such as deer use the area. In the Soos Creek area the actual park ownership is very thin and may only be a few hundred feet across. It's the surrounding lands that give the feeling of walking throu;h a rural area and a real park environment, so the zoning on those surrounding lands are what really benefit the park user and people using the trail. The Urban Separator is shaped like it is because there is a natural topographic break in the area, and property lines are ^' followed so as not to split the zoning on the properties. Tom Brotherton asked what the benefit of an Urban Separator would be in addition to the park in an area where the urban area abuts the rural area and the rural area is intended to remain very low density for a long period of time. IN/L-. Miles responded that there is a topographic break in the area that is a buffer for the park and the stream, and makes an additional benefit of separating from the urban feel. The citizens and elected leaders have the oppomuuty to secure these benefits for the City of Kent with a strong Urban Separator policy. Mr. Miles suggested two components go into the policy: that it remain a permanent low density corridor along the area and the incremental ,Year by year eroding of the area not be allowed; also for it to remain at a low density character of one unit per acre. He urged the Committee to not Fight the Urban Separator designation, but to think regionally and act locally in the Kent area. He said this is a wonderful planning oppomliuty at this time with the urbanization that's occurrin; in those areas to lock in a permanent low density corridor. That would not take away development rights, but keep them as they are now, and the policy would go on for generations to preserve the corridor there. Rita Bailee, Wetland Chair for Rainier Audubon, 20607 101" Avenue SE, Kent, said she liked the idea of better not bigger. Soos Creek Park is a gem and is so intensively used, it would be a shame to start giving that quality away. An Urban Separator is a positive not a negative, and as a Kent resident, that is what she wants. It would also be great to have consistency in the Growth Management Act in planning - all the way down from state, county, and city so that people could understand it and it wouldn't be a separate thing for each city. The City needs to think about wildlife corridors because more and more of everything on earth is taken up for the human species. Part of living is sharing the earth with other creatures. Ms. Bailee agreed with the comments made by Mr. Miles. Tim Clark commented that it's idealistic to want to preserve wildlife in areas where they currently are. The purpose of the Growth Management was to stop the urban sprawl by drawing an urban/rural line separator and accepting greater density on the urban side in order to protect the wildlife and the lower densities in the outlying areas. Ms. Bailee said that a stream with salmon, even if it is in a high density area is an amenity for the people and is something much too special to let it be trashed because the Growth Management Act says that everywhere has to be dense within the urban growth area. She said one of the things she is pushing for is greater density in the strip malls to make them three or four floors. Mr. Clark said the Council works very hard to create that type of zone but hasn't had a Great deal of interest from developers. However, future affordable housing pressures may change that. -- Tom Brotherton said part of his concern was the unevenness of the policy the way it is now. The Soos Creek Trail is a wonderful resource and definitely needs to be protected. But the area between Kent and Auburn identified as the Urban Separator seems to have been decided from an aerial photo that there wasn't any development there so keep it that way. It wasn't identified around any particular resource. Mary Saucei, 2961 5 142na Ave. SE, said she is the real estate agent for Ardis Johnson _ who owns the property represented by Pacific Industries. Ms. Saucei said that particular property has no wildlife on it and is fenced. Wildlife would have to cross 240`h to get to Ms. Johnson's property. She said in her opinion the Growth Management Act says that that property should be developed. The infrastructure is already there with sewers and water. There would be a buffer between the road and the housing. Soos Creek is not on Ms. Johnson's property and with the steep slopes on the property, there would be plenty of room between the creek and the property where the houses would be. The property is Ms. Johnson's retirement property and she is looking to get the highest and best use of her land. Tom Brotherton pointed out that the Committee is talking about the policy, not a specific piece of property, but added that Ms. Saucei raised some good points which should be brought up at the meeting where the Committee takes input. The fact that a piece of property has the infrastructure is significant, especially if it is topographically separate from the sensitive area. Don Dvorak, 24128 145`h Ave. SE said he lives in one of the adjacent properties and uses the park area. The trail area is magnincent and as a taxpayer in an area recently annexed by the City of Kent, it's hard to understand the time and effort being put towards this policy when there's already a clear cut plan in place. He said there is obviously a tot of financial pressure on the City to change the policy for some reason. Bob Nelson, Covington Planning Commission, said he was not speaking for the Covington Planning Commission, but strictly for himself. As a Planning Commissioner r Planning Corrumirtee, 3/6/00 Page 8 he had the opporrurury to look at the policy from the Covington side and one of the things he concluded was that the Urban Separator has to have the quality of permanence so that ,from a long range perspective it won't be chipped away and changed by a rule somewhere else. The City of Covington looked at an Urban Separator on its eastern borders and decided against it as it didn't meet the unique standards that the Soos Creek Urban Separator does. In the deliberations, what carve first to mind was the fact that the Urban Separator is there by policy. It's a good policy and a standard to work back from because of the permanence of the Urban Separator. If two acres are chipped away here and an acre there, it no longer becomes a bedrock on which to make policy decisions. Besides the permanency, there should be a consistency in the policy between the cities. it would not be good on one side to have the chipping away and on the other side the bedrock as that would create a lopsided situation. The meeting was adjourned at 6:08 PM. Jackie Bicknell City Council Secretary I IiY Of ZLt2 JT Jim White, Mayor iIVICT I 'tanning Department (353) 356-54541E-1X(253) 356-6454 ames P. Harris, Planning Director STAFF REPORT March 6. 2000 TO: TOM BROTHERTON, CH-AIR AND PLANNING COMMITTEE MEMBERS FROM: FRED N. SATTERSTROM, PLANNING MANAGER RE: "URBAN SEPARATOR" COUNTY-WIDE PLANNING POLICY On February 15, 2000, the City Council voted to table two annual plan amendment applications. These two applications were the Caimes amendment (=CPA-99-3A) and the Pacific Industries amendment (=CPA-99-31)). Both of these amendments are located in areas designated as "urban separator" and may be affected by County-wide planning policies related to such designation. Due in large part to their designation as urban separator, the Land Use & Planning Board recommended denial of both proposed plan amendments. The City Council tabled action on these amendments in order to allow time for the Council's Planning Committee to review the urban separator issue and the impact of such a designation on the City's ability to make land use planning decisions on such lands. Background: All comprehensive plans of cities in King County are required to be consistent with the County- wide planning policies adopted by Kin; County and ratified by the cities. By resolution (#1413), the City of Kent ratified the county-wide planning policies in 1994. These policies were to provide "county-wide framework from which local comprehensive plans were to be developed." One of the county-wide planning policies called for both the County and the cities to implement a land use policy, which would protect "urban separators." Although urban separators were not designated on any maps adopted with or referenced in the county-wide planning policies, by inference this designation referred to areas denoted on the King County Comprehensive Plan Map an "urban separator". The specific policy in the county-wide planning policies that dealt with urban separators is LU- 27. This policy states: Urban separators are low density areas or areas of little development within the Urban Growth area. Urban separators shall be defined as permanent low-density lands, which protect adjacent resource lands, rural areas, and environmentally sensitive areas and create open space corridors within and between urban areas, which provide environmental, visual, recreational, and wildlife benefits. Designated urban separators shall not be re-designated in the future (within the 20-year planning cycle) to other uses or higher densities. The maintenance of these urban separators is a regional as well as a local concern. Therefore, no modification should be made to the development regulations governing these areas without King County review and concurrence. 220»ch AVE.SO.. / KENT.WASHINGTON 93032-5395/TELEPHONE (253)356-5200 Urban Separator Counry-wide Planning Policy :March 6, 2000 Page 2 The King County Comprehensive Plan also contains policy pertaining to the urban separator designation. This policy helps to clarify the definition and purpose of such a designation while encouraging the continuation of low-density development. No specific density limit is mentioned in the County's plan, but King County zoning limits development to one Der acre. It should be noted that King County is presently in the process of updating its comprehensive plan and a specific one-unit-per-acre density limit is being suggested for urban separators. Analysis: Attached to this memorandum is a legal analysis prepared by the Kent City Attorney's office on the implications of county-wide planning policy LU-27 on the City's comprehensive planning process. This report was completed after the deliberations of the Land Use & Planning Board and, therefore, was not available to them at the time of public hearings on proposed plan amendments. The conclusion or the legal analysis is that the urban separator policy (LU-27) goes beyond being a framework policy statement by establishing a substantive direction and/or implementing regulation. Therefore, it impinges upon the City's authority to make its own local land use decisions. Alternative Actions: Given the opinion of the City Attorney's office, there are a number of options open to the Council, including: 1. Despite the implications of LU-27 for local land use decision-making, accept it as a valid framework policy statement. 2. Ignore the policy and, based on the City's legal analysis, make future decisions on plan amendment applications in these areas on a case-by-case basis. 3. Seek to change the county-wide policy to allow local discretion on the actual designation and character of urban separators. With two comprehensive plan amendments currently in abeyance pending the resolution of the urban separator issue, it may be difficult for the City Council to consider this issue without considering the merits of the applications. But, this issue is broader than these two applications. Urban separators envelope the eastern part of the City, from the area between Auburn and Kent on the south, north along Soos Creek, and then west between Renton and Kent's potential annexation areas. (Staff will provide a map at the Committee's 3-6-00 meeting). Staff Recommendation: Staff recommends the Planning Committee direct the Planning Department to initiate discussions with King County in order to clarity the policy intent and implications of the policy on local land use decision-making. .At the same time, the Committee may also initiate a public process to solicit input on the policy. While this fact-finding process is occurring, the two plan amendment applications will be held in abeyance. Following conclusion of the public process and discussions with King County, the Planning Committee will make a recommendation to the full City Council on a specific course of action. FNS.om P:admin\urbansep.doc Enclosure cc: lames P. Hams.Flannmg Director rN,C L7G iSit "(V {Irorcev ) .Memorandum PRIVILEGED AND CONFIDENTIAL To Jim Harris, Planning Manager. � Fred Satterstrom, Planning Manager Kevin O'Neill, Senior Planner i CC: Tom Brubaker, Deputy City Attorney rpm; Roger A. Lubovich, City Attorney _ Justin C. Osemene, Assistant City Atto ey Implications of Countywide Planning Pi U-27 "Urban Separators" on the City's Be: I Comprehensive Plan Amendments in Newly Annexed Areas Date: January 20, 2000 f This memorandum is in response to your request for an advisory legal opinion regarding the City's land use powers and its ability to implement comprehensive plan amendments in newly annexed, and prospective annexation, areas with an "urban separator" land use designation under King County's LU-27 Countywide Planning Policy. BACKGROUND The presumed factual basis for this request is that in 1994 King County adopted and ratified the Countvwide Planning Policies ("CPPs") which, among other things, called for both the county and the cities to implement a land use policy denoted as LU- 27: "Urban Separators." Urban separators are designated "low density" areas within the Urban Growth Areas ("UGAs") that are intended to create open space corridors, provide a visual contrast to continuous development, and reinforce the unique identities of communities. These areas are expected to provide recreational benefits, such as parks and trails, and meet the state Growth Management Act's ("GINLA") requirement for geenbelts and open space in the UGAs. Countywide Planning Policy LU-27 specifically provides that: Urban separators are low density areas or areas of little development within the Urban Growth Area. Urban separators shall be defined as permanent low density lands which protect adjacent resource lands, rural areas, and environmentally sensitive areas and create open space corridors within and between urban areas which provide environmental, visual, recreational and wildlife benefits. MEMORANDUM: Fred Saaersaom,Planning Manager Kevin O'Neill,Senior Planner January 21,2000 Page: 2 Designated urban separators shall not be re-designated in the future (within the 20 year planning cycle) to other urban uses or higher densities. The maintenance of these urban separators is a regional as well as a local concern. Therefore, no modification should be made to the development regulations governing these areas without King County review and concurrence. (Emphasis added). The county comprehensive plan also contains several policies pertaining to the urban separator areas. However, the county has not yet clearly defined pertinent aspects of the LU-27 policy, such as what_constitutes low density in an urban separator area. It is, however, known that the county has developed a work program to clarify the definition of urban separators and to provide a clearer direction on the designation of these urban separators. The status of this work program is uncertain at this time. CPPs are required under the GvIA. RCW 36.70A.210, which outlines the purpose and process for CPPs, states in pertinent part that: [A] `county-wide planning policy' is a written policy statement or statements used solely for establishing, a county-wide framework from which county and city comprehensive plans are developed and adopted pursuant to this chapter. This framework shall ensure that city and county comprehensive plans are consistent as required in RCW 36.70A.100. Nothing in this section shall be construed to alter the land-use powers of cities. RCW 36.70A.210(l) In 1994, when the City adopted its GMA mandated comprehensive plan, there were no urban separator areas within its designated UGA. There were, however, CPP designated "urban separator" areas with the City's identified Potential Annexation Areas With the absence of designated urban separator areas in its UGA, the City did not develop, nor was it required to develop, any specific policies for such urban separator areas. Subsequently, in 1996, the City annexed and effected comprehensive plan and zoning map amendments of the first areas in its PAA with designated urban separator areas (the Meridian and Meridian Valley Annexation). When the City annexed the areas, some of these urban separator areas were given higher single-family zoning densities. At the time of the Meridian annexation, City staff was not aware that one of the CPPs precluded higher densities for these areas in perpetuity. Notice of the annexation was, however, served on King County, as required by state law, and the county did not oppose, nor object, to the proposed higher densities for the parts of the annexed areas in the urban separators. Fred Sarteruront Planning Manager Kevin O'Neill,Senior Planner January 21,2000 Page: 3 The catalyst for this legal analysis is that as part of the City's 1999 annual comprehensive plan amendment process, Planning staff recommended comprehensive plan and zoning amendments of two lots in a newly annexed area within the designated urban separators which, under the King County comprehensive plan, call for one dwelling unit per acre. The first of the two proposed plan amendments was for a 1.18 acre lot proposed to be subdivided for 2 single family dwelling units (Camel), and the second was for an 8.6 acre lot with a proposal for 4.5 single family dwelling units (Pacific Industries). Each of these lots abuts areas designated as urban separator areas under the CPP-LU-27. Planning staffs recommendation on these two applications was subsequently rejected by the Land Use and Planning Board ("LUPB") due to some citizens testimony that the proposed higher single-family zoning densities are incompatible with the one dwelling unit per acre designation under the county's comprehensive plan. The LUPB's rejection of Planning staffs recommendation, may have been in part, due to the obvious confusion regarding whether the City has the land use powers to change the permissible density standard on lots with a designated "urban separator" area which, under the county's low-density designation, only allows for one dwelling unit per acre. While the members of the LUPB may have been influenced by the sheer number of the public testimonies received against the two comprehensive plan amendment applications, it appears there was confusion on what constitutes a "low density" standard and whether the City is obligated to adhere to the county's one dwelling unit per acre density standard for the urban separator areas even when these areas have been annexed into the City's j unsdiction. The purpose of this legal analysis, therefore, is to examine the effect and implication of LU-27 requirement on the City's ability to assert its land use powers in implementing comprehensive plan amendments in newly annexed, and prospective annexation, areas with urban separator designation. QUESTIONS PRESENTED 1. Whether a specific policy within the CPPs, such as the restrictive language of LU-27, can directly affect and inhibit the regulatory and implementation powers, or other exercises of land use powers of the City, when the City decides to amend the permissible development density standards in its newly annexed areas from the county; and 2. Whether the CPPs on urban separators, which require a low density designation of one dwelling unit per acre and prohibits "future redesignations to other urban uses or higher densities," infringes upon the City's affirmative duty, under the GMA, to plan for and accommodate its allocated share of the regional growth while retaining its land use powers MEMORANDUM: Fred Sattersrrom, Planning Manager Kevin O'Neill,Senior Planner January 21,2000 1 Page: 4 to locate, configure, design and service such anticipated regional growth and development. BRIEF ANSWERS 1. No, a specific policy within the CPPs cannot provide substantive direction that directly affects the provisions of implementing regulations of a city's land use power. RCW 36.70A.210 provides that the CPP is "a written policy statement or statements used solely for establishing a county-wide framework from which county and city comprehensive plans are developed and adopted . . ." and that "[n]othincr in this section shall be construed to alter the land-use powers of cities. "" (Emphasis added). Under an established three-prong test, a specific policy within the CPP must directly address the comprehensive plan rather than development regulations or other exercises of local land use power. 2. Yes, the countywide planning policy on urban separators, which prohibits the future re-designation to other urban uses or higher densities, infringes upon the city's land use powers because fundamental to a city complying with a major tenet of the GMA in reducing sprawl is that city's land use element, including its future land use map, permits appropriate urban densities throughout its jurisdiction. Furthermore, specific design standards and scales of development within a city are not legitimate regional issues that fall within the ambit of countywide planning policies. ANALYSIS In the absence of any pointed judicial opinions on the two questions presented, deference would be given to the precedent rulings of the quasi-judicial Central Puget Sound Growth Management Hearin; Board (the "Board") which, under the GMA, is charged to review and adjudicate issues raised by these questions. This is a two-part analysis based upon the questions presented and the Board's reviews, commentaries, and precedent rulings on related issues to these questions. Part I will examine the substantive effects of the CPPs on the City's comprehensive plan amendment, while part II will examine the land use powers of the City to redesignate the development densities for the areas within the City's UGA jurisdiction. I. A specific uolicv within the Countvwide Planning Policies, such as King Countv's LU-27 on urban separators. cannot provide substantive direction that directly affects the provisions of implementing regulations of a city's land use power. I Perhaps the most instructive opinion on the intricate, and sometimes confusing, relationship between King County adopted CPPs and a city's ability to exercise its land Fred Sanerstrom,Planning Manager Kevin O'Neill,Senior Planner January 21,2000 Page: 5 use powers in implementing its comprehensive plan policy is the Board's ruling in City of Snoqualmie v. King County, CPSGMHB Case No. 92-3-0004(c), Final Decision and Order (FDO) (1993). In 1992, the cities of Snoqualmie and Issaquah ("Snoqualmie") filed a Petition for Review with the Board which challenged the CPPs for failing to comply with the GvLA. Though tangentially pertinent to the question presented herein but still instructive, was a legal issue raised in this petition. The petition was on whether the county's adopted CPP, specifically King County's LU-26 and LU-271, lawfully required a city's local comprehensive plan to address its policies to specific community characteristics, including design standards and types of businesses or scale of development within the city. The Board, in resolving this and other legal issues raised in the Snoqualmie case, sought to clarify the purpose, nature, and effect of CPPs. Germane to the question presented herein is the third part of the Board's clarification; however, a cursory review of the first two will provide some guidance on the questions presented herein. In regards to the purpose of CPPs, as defined in RCW 36.70A.210(1), the Board states that there is both an immediate and a long-term purpose for CPPs. CPP's immediate purpose was to assure consistency among the comprehensive plans that the GMA required. The long term purpose of the CPPs was to facilitate the transformation of local govemance in the UGA so that urban governmental services are provided by cities and so that rural and regional services are provided by counties. Id. at 6 - 7. In regards to the nature of CPPs, the Board notes that while opinions vary on the exact nature of CPVs, some people have claimed CPPs to be policies; meta-policy plans; comprehensive plans; regional plans; or simple guidelines, while others have argued that CPPs are procedural or have substantive effects. The Board, however, held: (a) that CPPs are policy documents, as opposed to land use regulations; (b) that CPPs are not comprehensive plans, rather they are a "framework" for the comprehensive plan; and (c) that the CPPs may be general or detailed, but should always be clear and cogent. See, Snoqualmie, at 9-10. Lastly, in regards to the effects of CPPs on the comprehensive plans, the Board notes that while CPPs certainly have a procedural effect in achieving the consistency requirement of the GMA, they also provide a substantive and directive relationship between the policies in the CPPs and the policies in the comprehensive plans of cities and counties. The Board further held that "the CPPs create no new land use powers, nor do they alter land use powers that presently exist; neither do they provide substantive direction directly to local land use regulations, but rather, that the CPPs are a part of a hierarchy of substantive and directive policy. The Board explains that direction flows first from the t Note the distinction between the LU-27 referred to in Snoqualmie, which refers to refers to King County Comprehensive Plan Policy on rural communities, and the subject LU-27 on Urban Separators which refers to Countywide Planning Policy(CPP). Ma:MoRAINDutit: ( E Fred Satterstrom,Planning Manager Kevin O'Neill,Senior Planner January 21,2000 Page: 6 CPPs to the comprehensive plans of cities and counties, which in turn gives substantive direction to the content of land use regulations, and that it is the latter that governs the exercise of local land use powers, including zoning, permitting and enforcement." Id. at 13. While noting that even with the hierarchy of policy described above, the GMA, generally, and the CPPs, specifically, are premised on local government control, the Board 'held that it is the local governments (cities and counties) that are vested with the authority and responsibility to act jointly to prepare, adopt, and implement the CPPs, and to act singly to prepare, adopt and implement comprehensive plans and development regulations. Id. The import of this holding on the question presented is that CPPs have directive, procedural, and substantive effects only as they relate to comprehensive plan policies, and not on the land use powers of cities to develop regulatory and implementation standards and guidelines for these policies. Perhaps the most pertinent aspect of the Board's holding in Snoqualmie is its review of the limits on the substantive effects of the CPPs on a city's comprehensive plan amendments. While noting that great deference must still be given to local prerogatives and choices under the GMA, and that policies within the CPPs that needlessly or excessively intrude upon local prerogatives can have no substantive effect, the Board states that, in order for a specific policy within a CPP to provide substantive direction to city and county comprehensive plans, such intrusion must meet all of the following enunciated three-prong test. The test states: (1) A specy—Ic policy within the CPPs must meet a legitimate regional objective, In noting that RCW 36.70A.100 requires coordination and consistency between the comprehensive plans of cities and counties if those cities and counties have "common borders or related regional issues" (emphasis added), the Board aclatowledged that while "related regional issues" is not defined, RCW 36.70A.210(3) does, however, explicitly direct that CPPs must address, inter alia, urban growth areas, provisions of urban services, and affordable housing, and that these are directly related regional issues. The Board also went on to note that RCW 36.70A.100 identifies the "common borders" of cities and counties as circumstances that could give rise to a need for coordination and consistency between comprehensive plans. In conclusion, the Board held that a specific policy within a CPP that addresses common border issues would meet legitimate regional objectives. Under this first prong of the test, in order for the City to negate the effect of LU- 27 on its land use powers and ability to propose changes to the density standards of its annexed areas with the urban separators, the City would have to assert that the restrictive language in the LU-27 policy conflicts with the City's GMA imposed duties to plan and development standards that would maximize the efficient use of urban services, to plan Fred Sattersrrom,Planning Manager Kevin O'Neill, Senior Planner January 21,2000 Page: 7 for future growth, and to encourage a more intensive development and diverse community in the City, since these enumerated duties are intended to promote and meet desired legitimate regional objectives. (2) A specific policy within the CPPs can provide substantive directives only to the provisions of a comprehensive plans and cannot directly affect the provision of an implemented regulation or other exercise of land use powers. For this second prong of the test, the Board notes that RCW 36.70A.210 defines CPPs as "a written policy statement or statements used solely for establishing a county- wide framework from which county and city comprehensive plans are developed and adopted . . .," and that "[t]his framework shall ensure that city and county comprehensive plans are consistent as required by RCW 36.20A.100. Nothing in this section shall be construed to alter the land use powers of cities." See, Snoqualmie, at 14. The Board translated this definition to mean that CPPs may not intrude upon local prerogatives as to specifically how a legitimate regional objective, which must be addressed in a local comprehensive plan, is to be manifested in a local development regulation or other exercise of land use power (emphasis added). Id. The relevance of this prong is that while CPPs may suggest details for such standards, they may not dictate them since the recommended comprehensive plan amendment and density standard clearly reflects the city's local circumstances and priorities. (3) A specific policy within the CPPs must be consistent with other relevant provisions of the GiVL4. Under this third prong of the test, the Board held that CPPs must be consistent not only with the provisions of RCW 36.70A.210, but also with all other relevant provisions of the GMA. The implication of this prong is the obvious conflict between the restrictive policy language of LU-27 and RCW 36.70A. 110(2). While the latter imposes an affirmative duty upon cities, including Kent, to designate lands within their urban growth areas that would permit for appropriate urban densities within its city limits, the former seeks to restrict and infringe upon the city's land use powers to plan and effect its desired development density which would implement its GMA adopted land use elements and comprehensive plan policies. Perhaps more telling of the Board's position on the question presented herein, is when the Board applied this three-prong test to one of the more pertinent legal issues raised in Snoqualmie. That issue was whether a county's adopted CPPs, specifically King County's LU-27, which required cities in rural areas to include, among other characteristics, shopping; employment; residential developments; and design standards MEMORANDUM: l Fred Saaersaom,Planning Manager Kevin O'Neill,Senior Planner January 21, 2000 Page: 8 I that work to preserve the rural small town character and promote pedestrian mobility, was valid. In response to one of Snoqualmie's argument that LU-27- infringes upon a city's authority because "some aspects of a comprehensive plan are . . . fundamentally local in nature . . .," such as design standards and scale of development, the Board, in acceding to Snoqualmie's arguments, held that adopted CPPs cannot dictate or select specific characteristics for a city to adopt in its comprehensive plan because specific design standards and scale of development within a city are not legitimate regional issues that should be addressed by the CPPs. See, Snoqualmie at 23. Based on the preceding, it would be correct to state that the implication of the three-prong test enunciated by the-Board in Snoqualmie, on the question of whether CPP LU-27 directly affects and inhibits the regulatory, implementation, and land use powers of the City, could be analyzed from two or more perspectives. First, Planning staff could assert and demonstrate that the proposed comprehensive plan, land use and development density amendments of lots in the newly annexed areas with urban separators is strictly in furtherance of the City's adopted comprehensive plan policy, which aims for a more diversified single and multi-family residential developments in the City. Second, the Planning staff may assert that based upon the enumerated three-prong test, LU-27, as a specific policy within the CPPs, is inconsistent with the legitimate regional objectives of the GMA and the CPPs objectives for the City which, inter alia, impose an affirmative -- duty on the City to plan for its allocated share of the anticipated regional growth, as well as to encourage development standards that would maximize the efficient use of urban services and a much higher development density and a more diverse community within the city. A further point to assert is that the CPPs' proscribed low density requirement is inconsistent with the city's policies and development standards for the annexed area because what constitutes low density in the urban separator areas has not been clarified under the CPP and does not conform with city's definition of low density under the its comprehensive plan policies and development standards. Finally, a compelling argument could be made that the City properly exercised its statutory prerogatives on annexations and zoning authorities under Title 35 and 35A RCW if and when City Council decides to ;rant approval to the proposed comprehensive plan amendments with urban separators. It should, however, be prudent to anticipate counter arguments by the county to the preceding arguments. For instance, the county may argue that the City endorsed the adoption of the CPPs and that as directive, procedural, and substantive tools of the GMa., the City is obligated to adhere to and implement these CPPs including the restrictive requirements of LU-27 on urban separators. While such argument may be facially valid, it would, however, be deemed flawed when critically examined under the Board's precedent rulings on such issue. It appears that the law would support the City's authority to assert its land use powers in proposing and adopting higher densities I -, See Foomote 1. vI..I a....._. Fred Satterstrom,Planning Manager Kevin O'Neill, Senior Planner January 21, 2000 Page: 9 standards in areas with urban separators as long as steps are taken to ensure the overriding regional policy objectives of the CPP. II. Under the GMA, cities have an affirmative dutv to olan and accommodate the arowth that their countv allocates. However, the cities retain discretion as to how their erowth will be located. confimired. desizied and served. The second question presented is whether LU-27's proscribed low density designation and its prohibition of future redesignation to other urban uses or higher densities of urban separator areas annexed into the City infringes upon the City's land use powers. While this question is answered in the affirmative, it is also important to note that this answer is based upon some affirmative statutory provisions of the GMA, such as RCW 36.70A.110(2) which reads, in pertinent part: [T]he urban growth areas (UGA) of the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county for the succeeding twenty-year period. RCW 36.70A.030(17) defines "urban growth" as: [G]rowth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources. RCW 36.70A.10(2) requires that UGAs "shall permit a range of urban densities and uses." Thus, based on the statutory provisions of the GMA, it is evident that the GMA creates an affirmative duty for cities to plan for and accommodate the growth that is allocated to them by the county's CPP. This duty also means that a city's comprehensive plan must include future land use maps that designate sufficient land use densities and intensifies to accommodate its allocated population and employment base. See, e.g., Hensley v. City of Woodinville, CPSGNM Case No. 96-3-0031, FDO, (1997) at 9. The Board has, through several rulings and opinions, affirmed the notion that a city enjoys broad discretion in its comprehensive plan to make many specific choices about how growth is to be accommodated within its jurisdiction. These choices are said to include the specific location of particular land uses and development intensities, MEMORANDUM: Fred Satterstrom, Planning Manager Kevin O'Neiil, Senior Planner January 21, 2000 Page. l0 community character, scales of development and design, among others. See, Aagaard, et al. v. City of Bothell, CPSGL'Y B Case No. 94-3-0011 (1995); City of Edmonds and City of Lynnwood v. Snohomish County ("Edmonds"), CPSGMI-B Case No. 93-3-0005, FDO, (1993) at 27; Association of Rural Residents v. Kitsap County, CPSGMH¢B Case No. 973- 3-0010 (1994) at 14. LMI v. Woodway ("LMI"), CPSGMHB Case No. 98-3-0012, FDO, (1999). Perhaps one of the most instructive rulings on the subject of what constitutes a permissible urban density is the Board's opinion in Bremerton, et al. v. Kitsap, CPSGMHB Case No. 95-3-0039, FDO, (1995) at 37-38. In a 1995 consolidated case filed by the City of Bremerton and others challenging several aspects of Kitsap County's CPP provisions, one of which was to appropriate development densities within designated UGAs, the Board, in affirming its previous opinion in Aagaard, reiterated that the specific location, densiry/intensity, and development standards for accommodating growth within cities is subject to broad local discretion. (citation omitted). Specifically, in reviewing an argument that I acre and 2.5 acre lots are neither urban or rural, but instead are "suburban" and as such are permitted in a UGA by the GNLA, the Board held that "suburban" is a subset of"urban" and that a pattern of l and 2.5 acre lots meets the GNIA's definition of urban growth, which is to say that it precludes "the primary use of land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources." RCW 36.70A.030(17). However, the Board also noted that a pattern of I or 2.5 acre lots is not an appropriate urban density either, and that absent a persuasive and well documented justification of a unique area- wide circumstance (e.g. a major equestrian facility surrounded by "horse-acre lots" or large areas with very steep slopes or wetlands), that an urban land use pattern of I or 2.5 acre lots would constitute sprawl. See, Bremerton, at 37-38. Noting that while at the low end of the range of permissible urban densities, it is difficult to draw a universally appropriate maximum urban lot size. The Board acknowledged that several sources in the literature and the experience of growth management in other states strongly suggest that anything less than seven (7) dwelling units per acre is not supportive of transit objectives and anything less than four (4) per acre is sprawl. Given these variations, the Board resorted to adopt as a general rule a "bright line" that any residential density pattern of four (4) net dwelling units per acre or higher is clearly compact urban development and would satisfy the low end of the range required by the GIMA. Id. at 38. The Board, thus, held that any new residential land use pattern within a UGA that is less dense and is not a compact urban development pattem, would constitute urban sprawl and, therefore, should be prohibited. It, however, made tatown that there are —. exceptions to this general rule, such as when l or 2.5 acre lots are configured to avoid excessive development pressures on or near environmentally sensitive areas. In a later ruling, the Board amplified on this exception to the general rule by stating that when a Fred Sanerstrom,Planning Manager Kevin O'Neill,Senior Planner January 21,2000 Page: It petitioner challenges an urban density of less than four (4) dwelling units per acre, the Board would look to the plan and records to see if adequate justification, such as the presence of highly ranked environmentally sensitive factors, have been presented. See, Benaroya v. City of Redmond, CPSGMHB Case No. 95-3-0072(c) (1997) at 33. When such a "bright line" general standard of review is applied to the LUPB's rejection of the Planning staffs recommended approval of the Carnes' 2 dwelling units on a 1.18 acre lot and the Pacific Industries' 4.5 dwelling units on an 8.6 acre lot solely because of presence of LU-27 urban separators and no discernible high ranked environmentally sensitive factors, then its obvious that such rejection may not be consistent with the above-enunciated "bright line" and may be subject to a legal challenge should City Council u-phold the LUPB's recommendation to reject these comprehensive plan amendments. It is important to note that just because an area is designated as an urban separator area does not mean that all land use developments are precluded in the area. Note, even under Icing County Code, such as KCC 21A.24, the county retains some discretion in approving developments designated highly ranked environmentally sensitive areas either through some conditional use permits or by requiring that some mitigation measures be applied and adhered to, such as requiring maximum development buffer areas and special review of the scale and design of the developments, to ensure compatibility with and transition into the unique characteristics of the surrounding areas. Property RiQ.ht Concerns A salient, but perhaps equally important, issue not fully explored and addressed by the LUPB before rejecting staffs recommendation of the two comprehensive plan amendments with urban separators is the issue of property rights. While RCW 36.70A.020(6) provides that private property shall not be taken for public use without just compensation having been made, RCW 36.70A.160 specifically directs each jurisdiction planning under the GMA to identify open space corridors within and between urban areas, and to authorize their purchase. The corridors "shall include lands useful for recreation, wildlife habitat, trails, and connections of critical areas" as defined in RCW 36.70A.030. It should also be noted that this section provides that a county or a city shall not restrict the use or management of lands within the corridor for agricultural or forest purposes, the section went on to note that: Restrictions on the use or management of such lands for agricultural or forest purposes after identification solely to maintain or enhance the value of such lands as a corridor may occur only if the county or city acquires sufficient interest to prevent development of land . . . . Nothing in this section shall be interpreted to alter the authority of the MEMORANDUM: t I Fred Satterstrom,Planning Manager Kevin O'Neill,Senior Planner January 2l,2000 Page: 12 I state or county or city, to regulate land use activities. (emphasis added). While the cited statutory provisions relate to forest, open space and agricultural lands, an inference could be drawn that, to the extent that LU-27's restrictive language is adhered in prohibiting the use of private properties within designated urban separator areas that has not yet been acquired either by the city, county or state, such outright restriction of development of a private property without formal condemnation or acquisition could constitute an unconstitutional taking. It is unlikely, however, that such an argument would prevail in the present circumstances of the LUPB's denial of approval on the Carnes' and Pacific Industries' applications since these properties have not been designated forestry or agricultural lands. CONCLUSION In light of the favorable statutory provisions; precedent Board rulings; and the City's land use, zoning and annexation powers under the GvA, Title 35 and 35A RCW regarding the questions presented herein, it is this ofnce's opinion that a specific Countywide Planning Policy on urban separators cannot provide substantive direction or restrict the City's land use power in proposing comprehensive plan amendments of newly annexed areas, so long as such comprehensive plan amendments are consistent with the goals and objectives of the City's adopted comprehensive plan and with the overall framework of the adopted Countywide Planning Policies. However, in spite of this analysis and conclusion, the Planning Department could decide to leave the current development densities on the Carnes' and Pacific Industries' property below the preferred low urban development density of 4 dwelling units per acre if the Planning Department finds that these properties contain a high level of environmental sensitive factors that would preclude any higher development densities on them. We hope this analysis provides some guidance on this issue. Please do not hesitate to contact this office if,you have any questions or if you would like to meet and further discuss this issue. P�C�.�OP.MONSCa,+o7t�MmaM-UrEanSe7ruos.Ape PLANNING COMMITTEE MINUTES MAY 1, 2000 COMMITTEE MEMBERS PRESENT: Chair Tom Brotherton. Judy Woods, Tim Clark STAFF PRESENT: Brent McFall, Fred Satterstrom, Carolyn Sundvall, Roger Lubovich, Jackie Bicknell PUBLIC PRESENT: Ron Harmon, Joe Miles, Scott Otey, Mary Satterthwaite, Rita Bailie The meeting was called to order by Chair Tom Brotherton at 5:02 PM. Approval of Minutes of April 3, 2000 Committee Member Tim Clark moved to approve the minutes of April 3, 2000. The motion was seconded by Committee Member Judy Woods and passed 3-0. Noise and Land Use Compatibilitv Studv — Resolution Director of Operations, Brent McFall recalled that representatives of the Port of Seattle and Seattle-Tacoma International Airport had presented at an earlier Council Workshop the Part 150 Noise Abatement Studv regarding alternatives to airplane flight paths for arrival and departure at Sea-Tac Airport and the effect of noise on the surrounding areas. The current southbound takeoff path goes directly south off the end of the runway to about 3201h Street in Federal Way. It then makes either a right or left turn, depending upon destination. The noise study looked at alternatives which call for the planes to take a sharper turn off the end of the runway rather than proceeding 8-10 miles south before making the turn. Changing the flight patterns would bring an added expense to the-Port because the Noise Insulation Program area would expand and carry associated costs with that expansion. One of the alternative routes would have a great deal more plane traffic coming over the Kent Valley, and the general conclusion at the previous workshop was that the City of Kent would be better served by continuation of the existing flight patterns. The resolution states that Kent prefers the existing south flow tracks for operations at Sea-Tac be continued and that neither of the options being explored be implemented. If the Committee recommends the resolution to the full Council for adoption and the Council then adopts the resolution, it would be forwarded to the Port of Seattle to be included in their public comments as they consider their options. Tom Brotherton asked if any other cities were taking a similar measure. Mr. McFall said that Mercer Island is affected similarly by proposed changes off the north departure routes and are taking similar action. Bellevue has also looked at the issue, as changing the northbound route would have an impact on Bellevue as well. In the past, the City of Federal Way supported a change because there would be less traffic off of the routes over Federal Way. The City of Des Moines, immediately north of Federal Way and immediately south of the end of the runway, would be impacted no matter what happens. Planning Committee, 511100 Page 2 Judy Woods moved to recommend to Council the approval of the resolution dealing — with the Noise and Land Use Compatibility Study as it relates to south flow traffic patterns from Sea-Tac International Airport. The motion was seconded by Tim Clark and passed 3-0. Year 2001 Community Development Block Grant Funding Levels Housing and Human Services Planner Carolyn Sundvall said the Community Development Block Grants are HUD dollars passed through King County and down to Kent. There are restrictions on the program in that anything funded with the HUD dollars has to show a benefit to low and moderate income people. The overall estimate for 2001 for all of King County is S7 million dollars which is shared by a consortium of about 16 cities. Kent's share is estimated to be approximately$550,114, but that amount will probably be adjusted several times by the time the national budget is passed. The funds are divided into and must be spent on three categories: planning and administration, public services, and capital dollars. By the end of the month, the City needs to notify King County whether it will accept the funds and the responsibility that goes with the funds. Acceptance would approve the maximum for public services, about S85,539, and the maximum for planning administration which is approximately $78,986. Tim Clark asked for clarification on eliminating competition with other King County and small city projects. Ms. Sundvall said that if the City didn't accept the Pass through, it would have to compete with all the other cities on a project by project level and there wouldn't be the same control over the funds as if they were accepted into the city and then allocated. Tim Clark recommended approval to accept the year 2001 Pass through funds; to allocate the City's maximum available of the year 2001 CDBG as Community Development Block Grant funds for Public (Human) Services estimated at $85,539; to allocate the City's maximum available of the year 2001 funds for Planning and Administration estimated at $78,986, and forward the recommendation to the full City Council for consideration at its May 16, 2000 meeting, authorizing the Mayor to sign the county form indicating the City's desire for distribution of the year 2001 funds. The motion was seconded by Judy Woods and passed 3-0. Urban Separators Planning Manager Fred Satterstrom defined Urban Separators as a King County designation which is encouraged to be applied after an area is annexed to a city, when said area was previously designated as an Urban Separator while under the jurisdiction of King County. Urban separators were commonly designated in the Soos Creek planning area on areas of generally open space or of little development that were either along streamways or in a position to separate urban areas. When the Meridian area was annexed, it included substantial areas designated as Urban Separator on the King County Comprehensive Plan. The intent of Urban Separators was to keep those areas in an open space or low density development for approximately 20 years which was the planning horizon of the first set of GMA Comprehensive Plans. This past year two sites were proposed for upzoning for higher density residential development in conjunction with the Planning Committee, 511100 Page 3 City's annual plan amendments. Those two sites have been held in abeyance pending the outcome of the discussion on Urban Separators. The Planning Department has come up with three alternatives for the Planning Committee to consider. The first would be to follow the literal intent of the policy of Urban Separators and accept from the County the areas that have been mapped as Urban Separators. No proposals would be entertained to increase the density in those areas to greater than one unit to the acre. Staff calls this alternative "the no local discretion literal interpretation" and no value judgements are meant to be implied. Under a literal interpretation of the policy, no upzoning would be allowed in any of the designated areas. The second alternative would be to ignore King County's countywide planning policy, and case by case decisions made on plan amendments whether or not they were previously designated as Urban Separator. Decisions would be made completely on the merits of the proposal, given whatever factors seem to apply. The third alternative is split into two sections. There would be a general implementation of the Urban Separator policy and the City would accept that the Countywide Planning Policy was meant to be a broad framework type policy that would offer some local discretion. Under 3-A the City would acknowledge the Urban Separator policy and would utilize the County's map to identify the properties, but would develop its own local discretion or criteria to review proposals of areas whenever changes were considered in land use or density. Under 3-B, the City would develop its own generalized map rather than using the County's map, which would effectively update the County's map of Urban Separators. Mr. Satterstrom stated that little purpose is served to designate areas as Urban Separator when those areas are already developed at 4-6 units to the acre. Plus, some areas are quite a distance away from an environmentally sensitive area that may have been the reason for the designation in the first place. The County's previous designation was very specific and strictly followed property lines. This proposal would develop more of a conceptual or generalized overlay showing where the basic intent might be to put the Urban Separator, but each case would be evaluated by a set of criteria to determine whether or not that property really fulfilled the objective of an Urban Separator. The basic difference between alternatives 3-A and 3-B would be that under 3-A the City would strictly use the County's map and develop its own criteria for looking at proposals on a case by case basis; under 3-B, a map would be developed based somewhat on the County's, but more general. Staff recommends alternative 3-B and would work with the Land Use and Planning Board to develop a more generalized map and to also come up with the review criteria that the City would utilize to review plan amendments in the Urban Separator area. The criteria would determine how critical a piece of property was to maintaining the Urban Separator and whether it really fulfilled the Urban Separator purposes. Endorsing 3-B would legitimately require an amendment in the City's Comprehensive Plan. Planning Committee, 511100 Page 4 Tim Clark commented that as some of the areas are already developed, King County clearly did not follow their own practices regardless of whether a property was labeled Urban Separator. Mr. Satterstrom said that in his discussions with County staff members, it was confirmed that when the Urban Separator designation was created in the Soos Creek area 10 years prior to the annexation of that area by the City of Kent, King County staff looked at properties that met a set of their own criteria. If part of the property fell within a certain distance from Soos Creek, the whole parcel was included even though only the one part might have fit and actually served the purpose for an Urban Separator. By developing a more generalized map, the City of Kent would be able to analyze each piece of property in the basic pattern of urban Separator and determine whether not developing that property would really be accomplishing the purposes of the Urban Separator, and/or whether parts of the property might be developable while other parts would not. Tim Clark commented that the City had established environmental and sensitive area regulations and had designated an area along the Soos Creek as such. Fred Satterstrom said there definitely is a steep sloped sensitive hillside area that the Soos Creek follows and the City's Sensitive Areas Ordinance protects to a large extent those sensitive areas from undue development. However, the City of Kent didn't have a sensitive areas ordinance when the County designated the Urban Separator area along the Soos Creek 10 years ago. That ordinance was established in 1993, one or two years after the concept was adopted in the Soos Creek Plan, and not long before the City annexed the area. Judy Woods asked if the Sensitive Areas Ordinance had been updated. Mr. Satterstrom said it had and some additional zoning restrictions had been added to protect the Soos Creek. Tom Brotherton questioned whether an area coming down 228`h off the hill might also qualify in the context of a greenbelt. Fred Satterstrom said some land along the Green River to the west is steep but the great preponderance is rolling. Those lands were mostly undeveloped 10 years ago when they were designated Urban Separator, and at the time they provided a convenient division between Kent and Auburn. The Urban Separator has many different purposes. Along the Soos Creek area, it appears to have a much different objective than it does where it divides Kent and Auburn on lands which are very developable from an environmentally sensitive standpoint. To some extent, the boundary as it moves from east to west, or north to south, takes on a different purpose. It would be hard to look at pieces of property parcel by parcel and analyze all the different pieces. The best approach would be the broad brush approach with the criteria being the specific part. Mr. Satterstrom surmised that the issue would probably be a fairly major thing with property owners, as some parties may think the City doesn't go far enough and others might think it goes too far in telling them what they can or can't do with their land. Judy Woods stated that Council has a commitment to the greenbelt concept, and analysis and evaluation is necessary because things have happened to change the lay of the land since the issue was first on the books. A policy is needed that is fair, but the process is painful because the original policy was not followed by the people who put it on the books. Tom Brotherton agreed that implementation had been erratic and said he liked the Q concept of having standards to judge the benefits to be achieved. Tim Clark concluded Planning Committee, 511100 Page 5 that had the County installed the policy and then drawn hard lines, the City would be defending it. Instead the City has inherited disproportionate or inappropriate classifications in some cases. He said the concept of the greenbelt is something that, over time, would bring rewards as the density of the respective jurisdictions around Kent grows. Judy Woods considered that a policy with criteria in place is needed so it would quickly develop legs of its own and wouldn't have to be defended every year. The opportunity is too good to waste and green space is a priceless asset to have as part of the City's boundary. She stated that Kent is ahead of the game in the Soos Creek Basin and the next challenge is to move north and south to see if neighboring jurisdictions would be willing to partner with Kent in those areas. Ms. Woods questioned whether people would have the opportunity to speak again to the issue in another public forum. Fred Satterstrom said it was his impression that the item would go to the full Council for endorsement, but that it could be referred to the Land Use and Planning Board instead. City Attorney Roger Lubovich said since it came from the City Council to Committee because of the two pending applications, it should go back to the full Council before going to the Land Use Board. Tim Clark stated there was no reason for public input at this time since the issue would recycle. Tim Clark requested to move the item to the City Council with a recommendation to endorse alternative Option 3B to recognize the Urban Separator framework policy but allow for local flexibility in identifying lands which would fulfill the objectives of countywide planning policy LU-27. The motion was seconded by Judy Woods and passed 3-0. Judy Woods moved that the item be put under Other Business at the next Council meeting. Tim Clark accepted that as a friendly amendment to the motion. The meeting was adjourned at 5:50 PM. Jackie Bicknell City Council Secretary i Kent City Council Meeting Date July 5 , 2000 Category Other Business 1 . SUBJECT: KENT CIVIC AND PERFORMING ARTS CENTER GENERAL OBLIGATION VOTER APPROVED BONDS - ORDINANCE 2 . SUMMARY STATEMENT: Over the last several years, the Kent City Council considered the development of a civic and performing arts center in the downtown core one of its target issues . City staff has worked with the non-profit Kent Civic and Performing Arts Center Board of Trustees and Kent citizens to plan and design such a facility. After many years of planning, studying, and designing, the Kent Civic and Performing Arts Center Board of Trustees is prepared to request the Kent City Council authorize a $14 million bond issue for the construction of the facility on the primary ballot in September. The Board is raising $10 million privately for this project . 3 . EXHIBITS: Ordinance (to be submitted during Council meeting) , program information from Kent Civic and Performing Arts Center Board, and project budget 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc . ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember W b moves, Councilmember f&mot/ seconds adoption of Ordinance No. 3�18 authorizing an election to be scheduled September 19, 2000 , for the sale of fourteen million dollars ($14 million) of long-term general obligation voter approved bonds for the design, construction, and equipping of a civic and performing arts center. DISCUSSION: ACTION: Council Agenda Item No. 73 CITY OF KENT PARKS, RECREATION AND COMMUNITY SERVICES MEMORANDUM TO: Kent City Council FROM: John M. Hodgson, Director of Parks and Recreation DATE: June 27, 2000 SUBJECT: Kent Civic and Performing Arts Center Over the last several years, the Kent City Council has had the development of a civic and performing arts center in the downtown core as one of its target issues. City staff has worked with the Non-profit Kent Civic and Performing Arts Center Board of Trustees and Kent citizens to plan and design such a facility. After many years of planning, studying, and designing, the Kent Civic and Performing Arts Center Board of Trustees is prepared to request the Kent City Council authorize a $14 million bond issue for the construction of the facility on the primary ballot in September. The Board is raising $10 million privately for this project. Attached is an information packet for the project. If you have questions, please call me at 253- 856-5100, and I can direct you to the appropriate Kent Civic and Performing Arts Center Board Member. Kent Civic and Performing Arts Center Fact Sheet Facility description: • Two theaters--a 600 seat"mainstage"theater and a 200-250 seat flexible-form "black-box"theater. • Each theater will be fully equipped with professional rigging, lighting, curtains, sound and audio-visual systems, and backstage facilities to accommodate a diverse range of performing artsientertainment attractions, as well as corporatelcivic meetings and events. • The lobbies of both theaters will be spacious, with adequate and convenient restroom and concession facilities. The main lobby will include an art gallery space, as well as an elegant donor recognition wall to acknowledge the many individuals, corporations and foundations who contribute to the capital campaign. Facility location: • The northwest corner of 2nd Avenue and Smith Street, in downtown Kent, across the street from the King County regional library, and adjacent to the new Sound Transit commuter rail station parking garage(680 stalls), that Center patrons can use for performances. Building site has been purchased by the City of Kent. Management Structure and Operations: • The facility will be owned by the City of Kent and will be staffed and managed by the non-profit Kent Civic and Performing Arts Center corporation as a professional, community based performing arts presenting organization. • The Center will take an active, substantial role in programming,with strong emphasis on theatre, family programs and popular music, to meet the community's desire for a diverse range of professional and community arts events. • The Center will also rent its two theaters, as well as its two lobby spaces, to local arts organizations for performances, and to local businesses, community groups and individuals for meetings and special events. Project Development Costs: • $24 million, based on costs of similar arts facilities recently developed in the region. • The budget includes expenses of construction, sitework, equipment and furnishings, design fees, permits, testing and inspections, etc., fundraising, pre-opening operating costs, contingency, and construction period financing. • Project costs covered by revenue from an $8 million private sector capital fundraising campaign, and $16 million public sector funding from Washington State, King County and the City of Kent. Projected Timeline: • Start of construction: Spring 2002 • Grand opening: Spring- Summer 2003 Operating Costs and Revenue(per August 1999 Business Plan): • First year operating costs total $1.2 million. • Operating cost covered by$600,000 earned revenue(ticket sales,facility rental, etc.), $410,000 contributed revenue (from individuals, corporations, foundations and government sources)and $190,000 operating subsidy from the City of Kent. Community Impact: • Based on a professional market survey, the Center projects demand for 87 arts events with 186 performances,and 121 non-arts rentals in the first year alone. This activity will bring over 45,000 people into the facility annually. • The Center will have a significant economic impact on downtown Kent, generating at least$300,000 of evening and weekend restaurant and retail business activity annually. • Currently,over 400 volunteers are involved in some aspect of creating this important community asset. 1r I,.ent Civic ,& Kent Civic and Performing Arts Center Performing Arts Project Budget Center Board of Trustees As of: June 27, 2000 — Subject to change Don Camcoe'I Prepared by: Chris Miller, Executive Director 'atraa C-r,-a, Scope of project: approximately 57,000 square foot new building, housing two theater facilities, a "ce 600 seat proscenium auditorium and a multi-form"black box"performance space capable of seating Dee Ycs=^e1. up to approximately 250. Building includes two lobbies,box office,art gallery in main lobby, associated back stage facilities,administrative offices,etc. in general accordance with the May 1999 Bumgardner Architecture conceptual plan for the facility. Dana Albertscr Site: city owned/purchased property on NW comer of 2"d Avenue and Smith Street in downtown Co:emao Kent. Budget includes allowance for site work,per the Bumgardner conceptual design. ..:we^Dupree Construction and related cost allowances in accordance with Bumgardner May 1999 estimate,and unn noczsor recent actual construction costs for similar facilities,adjusted for inflation to construction start date of February 2002. ice lnKNS =- . e ,e Campaign and operating costs based on August 1999 KCPAC Business Plan,and recommendations Karen _ee from capital campaign and public relations consultants. 'sges Sou-tl n^erg; Snlne,IcGregc- Bud-et: _D'U�xa 37nK ure,�erLer CONSTRUCTION AND EQUIPMENT("HARD COSTS"): Snerr O.;raca Building: $12,233,500 Sne-- OwzarSKI.C=A Sitework and street construction: S 1,493,570 &As'Q`�1 `_- Sales tax on above: S 1,180,530 _..aea=ete-se^ SUBTTL, construction: $14,907,600 Day _.Ran.^._e,^ .D. Theatrical Equipment, inc. tax: S 1,287,582 Const. &equipt. Contingency @ 10%: S 1,619,518 3,e S^�an TOTAL, CONTT. & EQUIPMENT: $17,814,700 Peer W urovvs< r- DESIGN, PERMITS, INSPECTIONS, ETC. ("SOFT COSTS"): Caro!Vas ms= Architecture, engineering, consultant fees: S 2,252,200 Aroe'venac�es Permits, inspections,bonds, insurance, etc.: S 900,880 Signage, computers, furnishings, inc. tax: S 364,540 `cra rir,re Soft cost contingency at 5%: S 175,880 TOTAL,DESIGN,ETC.: $ 3,693,500 General Counsel CAPITAL CAMPAIGN AND KCPAC PRE-OPENING EXPENSES: Capital Campaign Capital and public relations campaign: S 660,000 Steering Committee Pre-opening expenses, yr 1 contrib. Rev: S 760,000 3rad D.3ei,l Contingency at 5%: S 71,000 a-te Curran TOTAL, CAMPAIGN, ETC.: $ 1,491,000 _o-C7a"s C7nstopher F Miller CONSTRUCTION PERIOD FINANCING: S 788,000 Execuove D,rector 308 is W.Meeker St.#210 GRAND TOTAL: $23,787,200 P.O.Box 1617 Kent WA 98035-1617 ** financed by$14 million City of Kent bond issue,with balance of funding from the Kent Civic 253520-2525 and Performing Arts Center capital campaign. 253-520-2424 FAX IAAw Xcoac.org i i t h C c 0 Q C On •� C V J Q C C C V 1 CLZl y h O 2 z 4 W U) c c v' W zG� O v O U y cnclq wn zQ \ � � h � " h rw O v>LU W C Eti • W CS CG ` i, hrp w a C 4 O Z c n O O v CC Z .W W v] W c O O Z e U A e W �` 5w C Cn Z V r V Q L 4 W O 0. Z C •� (/i V V y NCn tr y �=+ 4 Z Q O e ti W m O Er v Z 7 4 � •U N W C W Q m e U p ti C Z C O W W Qn J Z � 'Q RS t■ Q cs �' 0 0 0 0 0 . � \ � \ � ® 3 � U / m Z \ � ' \ 2 � � / \ \ / t 3 \ e c \ \ b \ . z ■ ( z \ Li) ) \ \ 5 \ | \ § \ \ \ ) § / W ( \ / % { D \ ) \ \ \ \ 0 2 u e § \ ■ Q � ( \ \ ) \ \ � / § \ \ 9 b 5 * \ « a a 2 \ \ & \ \ % $ § $ 7 5 g \ \ } \ \ 2 \ \ 2 # \ \ ) p ° ® { \ ( \ CJ \ \ \ ) \ rA \ \ \ ■ a g ) \ ( \ \ m \ \ k \ / / 7 \ / \ > Uk . 0 , 0 U , . , U , , . , 0 0 2 . . 0 REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE ) 2L D. PUBLIC WORKS E. PLANNING COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS •-TT REPORTS FROM SPECIAL COMMITTEES