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City Council Meeting - Council - Agenda - 09/04/2001
City of Kent City Council Meeting Agenda KENT WASNINGTON Mayor Jim White Councilmembers Leona Orr, President Tom Brotherton Judy Woods Tim Clark Gregory Worthing Connie Epperly RicoYingling September 4, 2001 Office of the City Clerk SUMMARY AGENDA KEN T KENT CITY COUNCIL MEETING WASHINOTON September 4, 2001 Council Chambers 7 : 00 p.m. MAYOR: Jim White COUNCILMEMBERS: Leona Orr, President Tom Brotherton Tim Clark Connie Epperly Judy Woods Gregory Worthing Rico Yingling 1 . CALL TO ORDER/FLAG SALUTE - Boy Scout Troop 474 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. Proclamation - Payroll Week 5 . PUBLIC HEARINGS A. Six Year Transportation Improvement Plan - Resolution B. Agricultural Lands Moratorium - Resolution �� 02 6. CONSENT CALENDAR • A. Minutes - Approval B. Bills - Approval C. 2002 Budget - Set Date for First Public Hearing D. Local Improvement District (LID) 351 Segregation, • Assessment No. 162 - Resolution /6 03• E. Law Enforcement Education Partnership Grant - Accept F. FY2001 Local Law Enforcement Block Grant (LLEBG) - Accept G. 2002-2007 Capital Improvement Plan - Set Date for Second Public Hearing I H. Park Place Apartments Bill of Sale - Accept I . Wendy' s Texaco Bill of Sale* - Accept J. Walgreen' s Store No. 6304 Bill of Sale - Accept 7 . OTHER .BUSINESS A. DeMarco Annexation Zoning 8 . BIDS None 9. REPORTS FROM STANDING COMMITTEES AND STAFF 10 . REPORTS FROM SPECIAL COMMITTEES (continued next page) SUMMARY AGENDA CONTINUED 11 . CONTINUED COMMUNICATIONS 12 . EXECUTIVE SESSION A. Property Acquisition B. Property Sale 13 . ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk' s Office and the Kent Library. The Agenda Summary page is on the City of Kent web site at www.ci. kent.wa.us . 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 . CH1 TO THE AGENDA 1 Citizens wishing to Address the Council Will, at this time, make known the subjedt of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR ST'AE'F B) FROM THE PUBLIC PUBS MM"TCATIONS "k G � A) - EMPLOYEE OF THE @ pNTH i f B) PROCLAMATION - PAYROLL WEEK t ' ,t"r Kei C ;; Council Meet'inig Date September 4, 200 Cate o � ry :Public Hearings 1 . S ET: SIX YEAR TRANSPORTATION IMPRO44ENT_ PLAN - RESOLUTION 2 . SM=Ry STATMdENT: .This date has ,been ls;�t ',fox the public hearing on the Six Year Transportation Improvement Program. The Public Works Director will give a brie`f� overview of , the plan. Depending upon the input received at, this,°,public hearing, it is the Public Works Director's' xec©mendation that . the Resolution adopting the Six Year Transportation Improvement Program be approved. f j 3• EXHIBITS: Resolution and Transportation Improvement Program { 4 . RECOIMNDED BY: Public Works Committee } (Committee, Staff, Examiner, Commission,:, to:) 5 . UNBUDGETED FISCAL/PERSOM..,,.L IMPACT: NO YES ; 6. EXPENDITURE. REQUIREV: SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: t A. Councilmember :moves, Councilmeabe- seconds to close the public hearing. ; B. Councilmember moves, Councilmemb+e� seconds to pass Resolution No. 1 adopting the, 2002r-2007 Six Year Transportation Improvement Plan. DISCUSSION: ° " ACTION: -Inc, Council Agenda - Item No. 5A t . RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, adopting the 2002 - 2007 Six Year Transportation Improvement Plan. WHEREAS, after proper notice, the City Council of the City of Kent held a public hearing at the regular meeting of the City Council at 7:00 p.m. on September 4, 2001, to consider public testimony on the City's proposed 2002-2007 Six Year Transportation Improvement Plan and, having considered public testimony to the Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The 2002 through 2007 Six Year Transportation Improvement Plan, set forth in Exhibit"A" attached hereto and herewith filed with the City Clerk, is hereby adopted. PASSED at a regular meeting of the City Council of the City of Kent, Washington this day of , 2001. 1 Six Year Transportation Plan CONCURRED in b the Mayor of the City of Kent this day of Y Y Y � Y 12001. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. , passed by the City Council of the City of Kent, Washington, the day of 2001. (SEAL) BRENDA JACOBER, CITY CLERK P�Cml\Resoluuon,SIXYEAR-2002 RES doc 2 Six Year Transportation Plan CITY OF KENT, WASHINGTON SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2002 - 2007 • KENT WA S H I N G T O N Mayor Jim White Don E. Wickstrom, P.E. Director of Public Works CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Project Name Number Project Location and Extent Page 1. 132nd Avenue Southeast Widening I Southeast 245" Street to Southeast 252nd Street 2. Washington Avenue (SR 181) HOV Lanes 2 James Street to Green River Bridge 3. Pacific Highway South (SR 99) HOV Lanes - North Phase 3 Kent-Des Moines Road (SR 516) to South 252"`i Street 4. Canyon Drive Bicycle and Pedestrian Facilities 4 ANord Avenue to 97`' Place South 5 West Meeker Street Widening - Phase I 5 Washington Avenue (SR 181) to 64th Avenue South 6. Southeast 2561h Street Widening - Phase I 6 116`h Avenue Southeast to 136"'Avenue Southeast 7. 94`h Avenue South at Canyon Drive (SR 516) 7 Traffic Signal Svstem Improvement 8 James Street at Central Avenue 8 Intersection Improvement 9 Pacific High�r,ay South (SR 99) HOV Lanes — South Phase 9 South 25 2"`i Street to South 272'd Street 10. 132od Avenue Southeast at Kent-Kangley Road (SR 516) 10 Intersection Improvement 11. South 212`' Street Pavement Rehabilitation 11 Green River Bridge to West Vallev Highway (SR 181) 12. 72"d Avenue South Extension 12 South 196"' Street to South 200"' Street i . CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Project Name Number Proiect Location & Extent Page 13 South 277`' Street Corridor - Phase II 13 SR 167 to Auburn Wav North 14. Interurban Trail Crossings Signal Interconnect 14 West Meeker Street and West Smith Street 15. Bicycle and Pedestrian Improvements 15 Ongoing Citywide Program 16. Guardrail and Safety Improvements 16 Ongoing Citvwzde Program 17 Burlington Northern Santa Fe Railroad/Union Pacific 17 Railroad Grade Separation South 212`" Street, Jaynes Street and/or Willis Street/SR 516, and South 228"' Street 18. Americans with Disabilities Act Compliance Sidewalk Repair 18 And Rehabilitation Ongoing Citywide Program 19. Commuter/Shopper Shuttle Bus 19 Ongoing Citywide Program 20. Willis Street (SR 516) at 41h Avenue Roundabout Construction 20 Replace Signal at Intersection with Roundabout 21 841h Avenue South Pavement Rehabilitation 21 South 212"' Street to SR 167 �2. West Vallev Highwav at South 277`' Street 72 Intersection Improvement 23. South 228th Street Corridor - Phase I 23 Mzlztary Road to 54'h Avenue South Il CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM Project Project Name Number Project Location & Extent page 24. 116`h Avenue Southeast Widening 24 Southeast 256fh Street to Kent-Kangley Road (SR 516) 25. Military Road at Reith Road 25 Intersection Iniprovemenj 26. Central Avenue Pavement Rehabilitation 26 Willis Street (SR 516) to the Green River Bridge 27. South 272"d Street Widening - Phase I 27 Military Road to 261h Avenue South 28. Military Road Widening - Phase I 78 Reith Road to Kent-Des Moines Road(SR 516) 29. South 228th Street Corridor- Phase III 29 841h Avenue South to Benson Road (SR 515) 30. 80th Avenue South Widening 30 South 196th Street to South 188th Street 31. South 272d Street Widening - Phase II 31 26 Avenue Avenue South to Pacific Highway South (SR 99) 32. South 272"d Street Widening - Phase III 32 Military Road to Pacific Highway and I-5 HO V'Loop-Ramp 33 41h Avenue & Smith Street Intersection Improvements 33 Intersection Improvement 34 Kent Station Infrastructure Improvements 34 Vicinity of I" Avenue North and Temperance Street MAP OF THE PROJECTS 35 Iil CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2002 PROJECT: 132"d Avenue Southeast Widening Southeast 245`h Street to Southeast 252nd Street DESCRIPTION: Widen 132"d Avenue Southeast to provide a three-lane roadway, including two general-purpose travel lanes, a center left-turn lane, paved shoulders, storm drainage and appurtenances. PROJECT COST: Preliminary Engineering.................S250,000 Right of Way Acquisition............................0 Construction ................................S1,000,000 TOTAL .......................................S1,250,000 FUNDING SOURCE (S): City of Kent, AIP, STP (U) PROJECT JUSTIFICATION: The level of development along this sectioh of 132"d Avenue Southeast has reached the point where a consistent three-lane roadway section is required to provide safe left-turn access into the adjoining properties. Roadway improvements are also required to provide safe access for increased traffic and school age pedestrians to and from the East Hill Youth Sports Complex, and the Martin Sortun Elementary School. Shoulder improvements will also provide control of roadway drainage and prevent impacts to adjacent property owners. STP— Surface Transportation Program [Federal]; (U) Urban, (E) Enhancements, HES— Hazard Elimination, FMSIB —Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, .41P - Arterial Improvement Program [State],LID—Local Improvement District. 1 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2002 PROJECT: Washington Avenue (SR 181) HOV Lanes James Street to Green River Bridge DESCRIPTION: Widen Washington Avenue (SR 181) to provide two general purpose lanes in each direction, one HOV (High Occupancy Vehicle) lane northbound between SR 516 and West Meeker Street, and southbound between West Smith Street and Willis Street. This project will also include four general purpose lanes and a two way left turn lane between Smith Street and James Street and a new right turn only lane from northbound Washington Avenue to eastbound SR 516. The existing traffic signal systems at the intersections of Washington Avenue at West Meeker Street and Kent-Des Moines Road (SR 516) will be modified. The project will include construction of full-width paving, sidewalks, street lighting, storm drainage, landscaping, concrete curbs, gutters, utilities, and appurtenances. PROJECT COST: Preliminary Engineering.................S300,000 Right of Way Acquisition...............S630,000 Construction ................................S3,100,000 TOTAL ......................................S4,030, 000 FUNDING SOURCE (S): AIP, TIB, City of Kent, LID, WSDOT overlay, Funded, LID Formed PROJECT JUSTIFICATION: This project is required for compliance with the City's concurrency ordinance. It will reduce peak hour single occupant vehicle trips by encouraging high occupancy vehicle usage. Washington Avenue is a regionally significant north-south arterial used by commuters for access from SR 516 and SR 167, and to the industrial/commercial land uses in the Green River Valley. STP- Surface Transportation Program [Federal]; (U) Urban, (E) Enhancements, HES- Hazard Elimination, FMSIB-Freight Mobility Strategic Investment Board [State], TI.A -Transportation Improvement Account, TIB-Transportation Improvement Board, .AIP - Arterial Improvement Program [State],LID-Local Improvement District. 2 CITY OF KENT 01 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2002 PROJECT: Pacific Highway South (SR 99) HOV Lanes — North Phase Kent-Des Moines Road (SR 516) to South 252"d Street DESCRIPTION: Widen Pacific,Highway South to provide a pair of HOV (High Occupancy Vehicle) lanes from the Kent-Des Moines Road (SR 516) to South 252"6 Street. The project will also provide a seven foot wide concrete sidewalk and modify existing traffic signal systems at the Kent-Des Moines Road, South 240`h Street, and at South 252"6 Street. The project includes landscaping, paving, concrete curbs, gutters, storm drainage systems, utilities, and appurtenances. PROJECT COST: Preliminary Engineering..............S1,200,000 Right of Way Acquisition...............S530,000 Construction ................................S6,720,000 TOTAL .......................................S8,450,000 FUNDING SOURCE (S): STP (U), TPP, AIP, City of Kent, WSDOT Funds Funded PROJECT JUSTIFICATION: This project is required for compliance with the City's concurrency ordinance. It will reduce peak hour single-occupant vehicle trips by encouraging high occupancy vehicle usage. Pacific Highway South (SR 99) is a regionally significant north-south arterial heavily used by commuters for access from South King county to the employment centers in South Seattle, and provides alternative access to 1-5 and Sea-Tac airport. STP— Surface Transportation Program [Federal]; (U) Urban, (E) Enhancements, HES— Hazard Elimination, FMSIB —Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, AIP- Arterial Improvement Program [State],LID—Local Improvement District. 3 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2002 PROJECT: Canyon Drive Bizycle and Pedestrian Facilities Alvord Avenue to 971h Place South DESCRIPTION: Improve Canyon Drive (SR 516) by extending the existing sidewalks along the southerly side of Canyon Drive, between Alvord Avenue and 971h Avenue South, and widen the pavement along the southerly side of the roadway to provide a bicycle facility. The project will include construction of paving, sidewalks, street lighting, minor storm drainage. and appurtenances. PROJECT COST: Preliminary Engineering.................$120,000 Right of Way Acquisition.................S30,000 Construction ...................................S850,000 TOTAL .......................................S1,000,000 FUNDING SOURCE (S): City of Kent Funded PROJECT JUSTIFICATION: Canyon Drive is a city designated bicycle route and is the key route to the east hill area. It will reduce peak hour single-occupant vehicle trips by encouraging the use of non-motonzed transportation modes. STP— Surface Transportation Program [Federal]; (U) Urban, (E) Enhancements, HES— Hazard Elimination, FMSIB — Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, .AIP - Arterial Improvement Program [State], LID—Local Improvement Distract. 4 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2002 PROJECT: West Meeker Street Widening- Phase I Washington Avenue (SR 181) to 64`h Avenue South DESCRIPTION: Widen West Meeker Street to provide a five-lane roadway including four general-purpose travel lanes, a center turn lane, and a bicycle facility. The traffic signal system at the intersection of 641h Avenue South will also be modified. The project will include construction of full-width paving, concrete curbs, Qutters, sidewalks, bicycle lanes, street lighting, storm drainage, utilities and appurtenances. PROJECT COST: Preliminary Engineering.................5110,000 Right of Way Acquisition...............S330,000 Construction ................................S1,800,000 TOTAL .......................................S2,240,000 FUNDING SOURCE (S): AIP, City of Kent, LID Funded PROJECT JUSTIFICATION: The level of development along this section of Meeker Street has reached the point where a consistent five-lane roadway section is required to accommodate through traffic. Traffic volumes exceeding 25,000 ADT, west of the intersection of Washington Avenue, mandate a five-lane road to accommodate additional development. Program Federal U Urbun E Enhancements, STP— Surface Transportation gra [Federal]; O , ( ) HES—Hazard Elimination, FMSIB —Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, .41P - Arterial Improvement Program [State],LID—Local Improvement District. 5 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2002 PROJECT: Southeast 2561h Street Widening- Phase I 1161h Avenue Southeast to 1361h Avenue Southeast DESCRIPTION: Widen Southeast 2561h Street to provide a three-lane roadway, including two general-purpose travel lanes, a center left-turn lane, plus additional turn lanes at key intersections, and a bicycle facility. Modify the existing traffic signal systems at the intersections of 116`h Avenue Southeast, 124`h Avenue Southeast and 132nd Avenue Southeast. The cross-streets will also be widened to construct curb returns at the same intersections. The project will include the construction of full-width paving, concrete curbs, gutters, sidewalks, bicycle paths, street lighting, stone drainage, utilities and appurtenances. PROJECT COST: Preliminary Engineenng.................S555,000 Right of Way Acquisition...............S360,000 Construction ................................S5,165,000 TOTAL .......................................S6,080,000 FUNDING SOURCE (S): TPP, City of Kent, Funded PROJECT JUSTIFICATION: The level of development in the Lake Meridian and Meridian Country Club areas of the City of Kent, the City of Covington, and nearby areas within King County has reached the point where a consistent three-lane roadway section is required to provide safe left-turn access into the adjoining properties, and accommodate this past development. Further, shoulder improvements such as concrete curbs, gutters, sidewalks and bicycle paths are required to provide control of roadway drainage and prevent impacts to adjacent property owners, and to provide safe access for school-age pedestrians and cyclists, and general access needs to the area surrounding the Meridian Elementary School. STP— Surface Transportation Program [Federal]; (U) Urban, (E) Enhancements, HES— Hazard Elimination, FMSIB —Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation.Improvement Board, AIP - Arterial Improvement Program [State],LID—Local Improvement District. 6 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2002 PROJECT: 941h Avenue South at Canyon Drive (SR 516) Traffic Signal System Improvement DESCRIPTION: Install a traffic signal at the intersection of 941h Avenue South at Canyon Drive (SR 516). The project also includes the reconstruction & realignment of the 248`h Street SE & 94th Avenue intersection along with pavement widening of 941h Avenue South from South 2481h Street to Canyon Drive (SR 516). It also includes construction of a turn island at the intersection of Canyon Drive, and construction of retaining walls/rockeries and bicycle paths. Along the northerly side of Canyon Drive, existing curbs and walkways will be reconstructed to meet City Standards. The project will also include construction of curbs, gutters sidewalks and appurtenances. PROJECT COST: Preliminary Engineering...................S55,000 Right of Way Acquisition.................S70,000 Construction ...................................S555,000 TOTAL ..........................................$680,000 FUNDING SOURCE (S): AIP, City of Kent, Mitigation Agreements, LID Partially Funded PROJECT JUSTIFICATION: A traffic signal is appropriate because of the level of development in tlus area and the combination of travel speeds and traffic volumes along Canyon Drive. The signal will provide safe access into the local residential areas bounded by 94`h Avenue South, 1041h Avenue South, and Southeast 240th Street/James Street. This signal improvement will also help provide safe access for pedestrians to/from the METRO bus routes along Canyon Drive. STP- Surface Transportation Program [Federal]; (U) Urban, (E) Enhancements, HES- Hazard Elimination, FMSIB -Freight Mobility Strategic Investment Board [State], TIA -Transportation Improvement Account, TIB-Transportation Improvement Board, AIP - Arterial Improvement Program [State],LID-Local Improvement Distract. 7 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2002 PROJECT: James Street at Central Avenue Intersection Improvement DESCRIPTION: Widen the easterly leg of James Street at Central Avenue intersection to provide an exclusive nght-turn lane for westbound traffic on James Street, and construct a second south-bound to east-bound left turn pocket. The project will also modify the existing traffic signal. The project will include the construction of paving, concrete curbs, gutters and sidewalks; street lighting; storm drainage facilities; utilities and appurtenances. PROJECT COST: Preliminary Engineering.................S270,000 Right of Way Acquisition...............S170,000 Construction ...................................S760,000 TOTAL .......................................S1.200,000 FUNDING SOURCE (S): AIP, City of Kent Partiallv Funded PROJECT JUSTIFICATION: This intersection is heavily impacted by traffic coming off and headed to the Kent East Hill. The project will support improved access into the downtown area and the increased traffic generated by the changes in land use in the downtown area. STP— Surface Transportation Program [Federal]; (U) Urban, (E) Enhancements, HES— Hazard Elimination, FMSIB —Freight Mobility Strategic Investment Board [State], TI.4 —Transportation Improvement Account, TIB—Transportation Improvement Board, .41P - Arterial Improvement Program [State],LID—Local Improvement District. 3 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2002 PROJECT: Pacific Highway South (SR 99) HOV Lanes — South Phase South 252"d Street to South 272"d Street DESCRIPTION: Widen Pacific Highway South to provide a pair of HOV (High Occupancy Vehicle) lanes from South 252"d Street to South 272"d Street. The project will also provide a seven foot wide concrete sidewalk, and modify existing traffic signal systems at the Fred Mever Shopping Center, South 260`h Street, and South 272"d Street. The project will include construction of paving, landscaping, storm drainage systems, concrete curbs, gutters, utilities, and appurtenances. PROJECT COST: Preliminary Engineering.................S900,000 Right of Way Acquisition............S1,600,000 Construction ................................S6,100,000 TOTAL .......................................S8,600,000 FUNDING SOURCE (S): STP (U), TPP, AIP, City of Kent, WSDOT Funds Funded PROJECT JUSTIFICATION: This project is required for compliance with the City's Concurrency Ordinance and the City Comprehensive Plan. The project will reduce peak hour single-occupant vehicle trips by encouraging high occupancy vehicle usage. Pacific Highway South (SR 99) is a regionally significant north-south arterial heavily used by commuters for access from South King County to the employment centers in South Seattle, and provides alternative access to Interstate 5 from airport. STP— Surface Transportation Program Federal U Urban, E Enhancements, HES— Hazard Elimination, FMSIB —Freight Mobility Strategic Investment Board [State], T1,4 —Transportation Improvement Account, TIB—Transportation Improvement Board, 41P - Arterial Improvement Program [State],LID—Local Improvement District. 9 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2002 PROJECT: 132"d Avenue Southeast at Kent-Kangley Road (SR 516) Intersection Improvement DESCRIPTION: Widen the north leg of 132n6 Avenue Southeast at South 272"d Street (Kent—Kangley) intersection to provide an exclusive right-turn lane for southbound traffic on 132°d Avenue Southeast. The project includes modifying the existing traffic signal system and reconstruction of paving, street lighting, storm drainage facilities, concrete curbs, gutters, sidewalksibicycle paths, utilities and appurtenances. PROJECT COST: Preliminary Engineering...................S20,000 Right of Way Acquisition.................S30,000 Construction ...................................S200,000 TOTAL ..........................................S250,000 FUNDING SOURCE (S): City of Kent, AIP, STP (U) Funded PROJECT JUSTIFICATION: This intersection is heavily impacted by traffic coming down 132r'd Avenue Southeast and supports throughput to the Southeast 272"d Street Comdor. The comer turning improvement will tie into the curb and gutter improvements at the nearby shopping center. The project will support improved access onto the cross-valley corridor and Kent East Hill. STP— Surface Transportation Program [Federal]; (U) Urban, (E) Enhancements, HES— Hazard Elimination, FMSIB —Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, AIP- Arterial Improvement Program [State],LID—Local Improvement District. 10 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 PROJECT: South 212`' Street Pavement Rehabilitation Green River Bridge to West Valley Highway (SR 181) DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add additional service life to the asphalt roadway between the Green River bridge and West Valley Highway (SR 181). This project will include the removal and replacement of the upper two inches of the existing asphalt pavement in the curb lanes in both directions; and a full-width asphalt pavement overlay of the entire roadway. This project will also include the selective replacement of catch basin inlets and driveway approach aprons, and sections of concrete curbs and gutters. PROJECT COST: Preliminary Engineering...................$45,000 Right of Way Acquisition.......................S-0- Construction ...................................S635,000 TOTAL ..........................................S680,000 FUNDING SOURCE (S): STP (U), City of Kent PROJECT JUSTIFICATION: The existing asphalt pavement along this section of South 2121h Street is exhibiting signs of distress, as demonstrated by "alligatoring", longitudinal cracking, and cracking of the concrete curbs and gutters. The end of the service life of this roadway has been reached. Reconstruction of the pavement to extend the service life of the roadway and prevent further degradation is required. ation Program Federal U Urban E Enhancements STP Surface Transport gr [Federal]; ( ) , ( ) , HES— Hazard Elimination, FMSIB —Freight Mobility Strategic Investment Board [State], T1.4 —Transportation Improvement Account, TIB—Transportation Improvement Board, .41P - Arterial Improvement Program [State], LID—Local Improvement District. I CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 PROJECT: 72"d Avenue South Extension South 196`h Street to South 200`h Street DESCRIPTION: Construct a new four-lane roadway from South 196`h Street to South 200`h Street. The project will include the crossing of Mill Creek and construction of full-width paving, concrete curbs, gutters, sidewalks, street lighting, storm drainage, landscaping, utilities and appurtenances. PROJECT COST: Preliminary Engineering.................S 160,000 Right of Way Acquisition...............S680,000 Construction ...................................S580,000 TOTAL .......................................S1,420,000 FUNDING SOURCE (S): City of Kent, LID PROJECT JUSTIFICATION: Continued development in the northern Kent industrial area, and high levels of congestion along West Valley Highway between the South 180`h Street and South 1961h Street corridors, mandate additional north-south arterial capacity. This project provides some relief for South 1801h Street, South 1961h Street, and South 2121h Street intersections along West Valley Highway. It also provides improved access to the South 1961h Street corridor from industrial development along 72"d Avenue South. STP— Surface Transportation Program [Federal]; (U) Urban. (E) Enhancements, HES— Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, .4IP- Arterial Improvement Program [State],LID—Local Improvement Distract. 12 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM 0 YEAR: 2002 PROJECT: South 2771h Street Corridor - Phase II SR 167 to Auburn Way North DESCRIPTION: Study, design and-construct the widening of South 2771h Street from three lanes to five lanes, including grade separation at the UPRR and BNSF rail crossings, utility improvements (water, sewer, and storm), two-way left- turn lane, and accommodations for bicycle and pedestrian facilities fi•om SR 167 to Auburn Way. This includes modifications to the traffic signals at the intersections of South 277`h Street and Auburn Way North/East Valley Highway. The project will include the construction of full-width paving, concrete curbs, gutters and sidewalks, street lighting, storm drainage, landscaping, utilities and appurtenances. PROJECT COST: Preliminary Engineering..............S5,500,000 Right of Way Acquisition............S5,100,000 Construction ..............................$24,800,000 TOTAL .....................................$35,400,000 FUNDING SOURCE (S): TPP, LID, City of Auburn, King County, WSDOT, ISTEA, TEA21, TIB, FMSIB, Port of Seattle, Port of Tacoma, BNSF, and UPRR. Funded PROJECT JUSTIFICATION: This project will improve safety and mobility on an existing east-west corridor, provide multi-modal facilities, and ensure that the link will satisfy concurrency in the near future. The project involves and benefits the Cities of Auburn and Kent, as well as King County and WSDOT. It is not feasible to widen alternate routes to accommodate either existing or forecast traffic volumes to the Kent East Hill. This project provides a continuous arterial from Kent East Hill to SR 167 to Interstate 5. — face Transportation Program Federal U Urban E Enhancements STP Sur p gra [Federal]; ( ) ,( ) , HES— Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, .41P - Arterial Improvement Program [State],LID—Local Improvement District. 13 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2002 PROJECT: Interurban Trail Crossings Signal Interconnect West Meeker Street and West Smith Street DESCRIPTION: Interconnect the existing traffic signals at the Interurban Trail crossings at Meeker Street and Smith Street to the UP crossing signals at said streets. PROJECT COST: Preliminary Engineering...................S30,000 Right of Way Acquisition.......................$-0- Construction ...................................S220,000 TOTAL ..........................................S250,000 FUNDING SOURCE (S): STP (E), City of Kent PROJECT JUSTIFICATION: This project is required in order to interconnect the existing street signals with the railroad crossing signals. It will eliminate potential conflict where traffic could backup across the railroad tracks. STP— Surface Transportation Program [Federal]; (U) Urban, (E) Enhancements, HES— Hazard Elimination, FMSIB— Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, ItP- Arterial Improvement Program [State],LID—Local Improvement Distnct. 14 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2002 - 2007 PROJECT: Bicycle and Pedestrian Improvements Ongoing Citywide Program DESCRIPTION: Make miscellaneous improvements to the City's Bicycle Route and Pedestrian system. Potential projects include improvements to 1001h Avenue Southeast north of James Street, Southeast 2481h Street east of 941h Avenue South, and 152nd Way Southeast north of Southeast 272"d Street. PROJECT COST: Preliminary Engineering...................560,000 Right of Way Acquisition................... ...S-0- Construction ...................................S550,000 TOTAL ..........................................S610,000 FUNDING SOURCE (S): STP (E), City of Kent Funded PROJECT JUSTIFICATION: This project complies with the City's CTR (Commute Trip Reduction) Ordinance and the City Comprehensive Plan. This project helps to reduce peak hour single-occupant vehicle trips, encourage the use of non- motorized transportation modes, and provide safe routes for school-age pedestrians and cyclists. STP— Surface Transportation Program [Federal]; (U) Urban, (E) Enhancements,e , HES—Hazard Elimination, FMSIB —Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, .4IP- Arterial Improvement Program [State], LID—Local Improvement District. 15 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2002 - 2007 PROJECT: Guardrail and Safety Improvements Ongoing Citywide Program DESCRIPTION: Make miscellaneous guardrail improvements each year to enhance motorist safety. Candidate projects include the westerly shoulder at Frager Road, 100`h Avenue Southeast (near the 22600 block), and West Valley Road (north of the 27200 block). upgrade existing guardrail end- treatments as mandated by State and Federal regulations. PROJECT COST: Preliminary Engineering...................S20,000 Right of Way Acquisition.......................S-0- Construction ...................................S 170,000 TOTAL ..........................................S190,000 FUNDING SOURCE (S): STP (E), HES, City of Kent PROJECT JUSTIFICATION: This project is mandated by compliance with Federal and State regulations, and the requirement to eliminate potentially hazardous roadway conditions. STP— Surface Transportation Program [Federal]; (U) Urban, (E) Enhancements, HES— Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, AIP- Arterial Improvement Program [State],LID—Local Improvement District. 16 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 - 2007 PROJECT: Burlington Northern Santa Fe Railroad/Union Pacific Railroad Grade Separation South 212`' Street, South 2281h Street, James Street and/or Willis Street/SR 516. DESCRIPTION: Construct grade separations of both the Burlington Northern Santa Fe Railroad's and Union Pacific Railroad's mainline tracks at South 2121h Street, and at either James Street or Willis Street/SR 516, and at South 228`h Street. The project will support the increased number of trains through the Citv resulting from the re-opening of the BNSF Railroad's Stampede Pass line and increased activity through the Ports of Seattle and Tacoma, as well as the commuter rail operations of the RTA. The project will ultimately include the construction of bridge structures, full-width paving, concrete curbs, gutters, sidewalks, street lighting, utilities and appurtenances. PROJECT COST: Preliminary Engineering............S 15,000,000 Right of Way Acquisition............S9,000,000 Construction ..............................S60,000,000 TOTAL .....................................S84,000,000 FUNDING SOURCE (S): P.E.: City of Kent, State, FMSIB Construction: STP (U), State, City of Kent, FNISIB Burlington Northern/Santa Fe Railroad and Union Pacific/Southern Pacific Railroad PROJECT JUSTIFICATION: The level of freight and passenger rail traffic on both the UP and BNSF Railroad mainlines is dramatically increasing as a consequence of positive economic conditions in the Puget Sound area and the approved RTA plan. East-west freight and commuter mobility in the Green River Valley will soon reach a point of being significantly impacted by continued private development competing with the increased rail traffic - also created by private development activities and regional trade. Grade- separations are required to mitigate past and future development and increased rail traffic to maintain east-west mobility. STP- Surface Transportation Pro am [Federal]; (C9 Urban, (E) Enhancements, P gr HES- Hazard Elimination, FMSIB -Freight Mobility Strategic Investment Board [State], TIA -Transportation Improvement Account, TIB-Transportation Improvement Board, A1P - .Arterial Improvement Program [State], LID-Local Improvement Distnct. 17 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2002 - 2007 PROJECT: Americans with Disabilities Act Compliance Sidewalk Repair and Rehabilitation . Ongoing Citywide Program DESCRIPTION: Reconstruct and repair existing sidewalks and pedestrian ramps. and install new hard-surfaced sidewalks to implement the requirements of the Federal Government's Americans with Disabilities Act (ADA) This project will include an inventory of the City's sidewalk/walkway facilities, and identification and correction of existing deficiencies. This project will also include the construction of concrete curbs, gutters and side«alks; minor storm drainage, and appurtenances. PROJECT COST: Preliminary Engineenng.................S 195,000 Right of Way Acquisition.......................S-0- Construction ...............................S1,705,000 TOTAL .......................................S1,900,000 FUNDING SOURCE (S): City of Kent Funded PROJECT JUSTIFICATION: This project is mandated by the Americans with Disabilities Act (ADA). It repairs existing sidewalks, replaces deficient/substandard and/or missing wheelchair/pedestrian ramps, and brings same into compliance with the adopted Federal standards. STP— Surface Transportation Program [Federal]; (U) Urban. (E) Enhancements, HES— Hazard Elimination, FMSIB —Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, .41P- Arterial Improvement Program [State], LID—Local Improvement Distract. 18 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2002 - 2007 PROJECT: Commuter/Shopper Shuttle Bus Ongoing Citywide Program DESCRIPTION: Continue to provide enhanced transit service in the Downtown Kent business area through the use of a fixed-route shuttle service, with demand-responsive routing capabilities. Service route points will include King County Metro Park Ride, South King County Regional Justice Center, and Kent City Hall, as well as local shopping and medical facilities. PROJECT COST: Preliminary Engineering.........................S-0- Right of Way Acquisition.......................S-0- Operations ......................................S 140,000 TOTAL ..........................................S140,000 *City share, which is equivalent to the lost fare box revenue that the county could have collected were not the city wanting a free service, (based on 6 years operating cost with 3% inflation). FUNDING SOURCE (S): King County, City of Kent PROJECT JUSTIFICATION: The Shopper Shuttle provides mobility and independence to many of the city's seniors as well as school children and other citizens with limited mobility options. The service addresses a significant transit market that may not be able to use the county's more traditional routes, and helps the city meet its road safety and transportation demand management goals. ral U Urban E Enhancements STP— Surface Transportation Program [Federal]; ( ) , ( ) , HES—Hazard Elimination, FMSIB —Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, ,41P - Artenal Improvement Program [State],LID—Local Improvement Distnct. 19 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 PROJECT: Willis Street (SR 516) at 4th Avenue Roundabout Construction Replace Signal at Intersection with Roundabout DESCRIPTION: Rechannel all four legs of the Willis Street and 4th Avenue intersection and replace the signal with a 150-foot diameter roundabout, including 14- foot center medians in each leg. The project will also include the construction of curb, gutter, sidewalks, street lighting, storm drainage, utilities and appurtenances PROJECT COST: Preliminary Engineering.................S 130,000 Right of Way Acquisition.......................S-0- Construction ...................................S570,000 TOTAL ..........................................$700,000 FUNDING SOURCE (S): City of Kent PROJECT JUSTIFICATION: The level of congestion, traffic volumes, and number of intersections along this section of Willis Street (SR 516) require a roundabout to accommodate through traffic, and provide safe access into 41h Avenue, and the abutting residential and downtown areas. Roundabout design will also fully accommodate proposed changes in access to 74`h Avenue South without requinng an additional signal at 741h Avenue and Willis Street. g&STP- Surface Transportation Program [Federal]; (U) Urban, (E) Enhancements, HES-Hazard Elimination, FMSIB -Freight Mobility Strategic Investment Board [State], TIA -Transportation Improvement Account, TIE-Transportation Improvement Board, .41P- Arterial Improvement Program [State],LID-Local Improvement District. 20 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 PROJECT: 841h Avenue South Pavement Rehabilitation South 212`h Street to SR 167 DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add additional service life to the roadway between South 212`h Street and SR 167. This project will include the removal and replacement of the existing pavement in the curb lanes in both directions, and a full-width asphalt concrete overlay of the entire roadway, and will also include the selective replacement of catch basin inlets and driveway approach aprons, and curbs and gutters. PROJECT COST: Preliminary Engineering.................S145.000 Right of Way Acquisition.......................S-0- Construction ...................................S585,000 TOTAL ..........................................$730,000 FUNDING SOURCE (S): STP (U), City of Kent PROJECT JUSTIFICATION: The existing pavement along this section of 84`h Avenue South is showing signs of structural distress, as demonstrated by "alli-atoning", longitudinal cracking, and cracking of the curbs and gutters. An inverted crown section also occurs at the former curb line along many of the sections of this street. This inverted crown section results in the ponding of stormwater in the street along the seam line, which increases the failure rate of the roadway pavement. STP— Surface Transportation Program [Federal]; (U) Urban, (E) Enhancements, HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TI.A —Transportation Improvement Account, TIB—Transportation Improvement Board, .41P - Arterial Improvement Prourram [State]. LID—Local Improvement District. 21 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 PROJECT: West Valley Highway at South 2771h Street Intersection Improvement DESCRIPTION: Widen West Valley Highway to extend the existing southbound left turn and riQht-turn lanes at the intersection of South 277`h Street. The project will include the construction of paved shoulders, street lighting, storm drainage, utilities and appurtenances. PROJECT COST: Preliminary EnQineering...................S50,000 Right of Way Acquisition.................$50,000 Construction ....................................S235000 TOTAL ..........................................$335,000 FUNDING SOURCE (S): STP (E), HES, AIP, City of Kent, LID PROJECT JUSTIFICATION: The traffic volumes at this intersection have reached the point where extension of the existing right-turn and left-turn lanes are required to mitigate the congestion at the intersection and to accommodate additional development in the Green River Valley. Shoulder improvements are required to provide control of roadway drainage and prevent impacts to adjacent properties. STP— Surface Transportation Program [Federal]; (U) Urban. (E) Enhancements, HES— Hazard Elimination, FMSIB —Freight Mobility Strategic Investment Board [State], TI.A —Transportation Improvement Account, TIB—Transportation Improvement Board, AIP- Arterial Improvement Program [State],LID—Local Improvement District. 22 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2004 PROJECT: South 228th Street Corridor - Phase I Military Road to 541h Avenue South DESCRIPTION: Preliminary engineering and constriction of a new five-lane roadway from SR-516 along Military Road to approximately Bolger Road, then from Military Road to 54th Avenue South, including a new bridge over the Green River. The project will include the construction of full-width paving, a bridge, concrete curbs, gutters, sidewalks, street lighting, storm drainage, landscaping, utilities and appurtenances. The project may include the installation of traffic signal systems at the Corridor's intersections with Military Road and Lakeside Boulevard. PROJECT COST: Preliminary Engineenng..............S1,500,000 Right of Way Acquisition............S1,100,000 0 Construction ..............................S 19,000,000 TOTAL .....................................$21,600,000 FUNDING SOURCE (S): TPP, City of'Kent, LID, TIB, FMSIB PROJECT JUSTIFICATION: The James Street and Meeker Street `corridors' are infeasible to widen sufficiently to accommodate forecast traffic volumes and future development without additional east-west capacity. Additional capacity is required to accommodate existing development in the northern industrial area of the City. South 2121h Street has at-grade crossings for both the UP and BNSF railroads, which also hampers east-west freight mobility. Meeker Street currently represents the only east-west arterial that crosses the Green River between the SR 516 and South 212`h Street. This project provides the first phase of a continuous arterial from Benson Highway to Interstate 5, though the industrial center of Kent. STP- Surface Transportation Program [Federal]; (U) Urban, (E) Enhancements, HES-Hazard Elimination, FMSIB -Freight Mobility Strategic Investment Board [State], TIA -Transportation Improvement Account, TIB-Transportation Improvement Board, .41P- Arterial Improvement Program [State], LID-Local Improvement Distract. 2; CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005- PROJECT: 1161h Avenue Southeast Widening Southeast 2561h Street to Kent-Kangley Road (SR 516) DESCRIPTION: Widen 1161h Avenue Southeast to provide a five-lane roadway, including four general-purpose travel lanes, a center left-turn lane and a bicycle facility. The project will include the construction of paving, concrete curbs, gutters, sidewalks, bicycle lanes; paved shoulders, street lighting, storm drainage, utilities and appurtenances. PROJECT COST: Preliminary Engineering.................$275,000 Right of Way Acquisition...............S370,000 Construction ................................S 1,770,000 TOTAL .......................................S2,415,000 FUNDING SOURCE (S): AIP, City of Kent, LID PROJECT JUSTIFICATION: Traffic studies have indicated that traffic demand will continue to increase on this section of 116`h Avenue. This roadway funnels east/west movement on Southeast 256`h Street to the 272"d/2771h Street Corridor. STP— Surface Transportation Program [Federal]; (U) Urban, (E) Enhancements, HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board. AIP - Arterial Improvement Program [State], LID—Local Improvement District. 24 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2002 PROJECT: Military Road at Reith Road Intersection Improvement DESCRIPTION: Widen the east and west legs of the Military Road at Reith Road intersection to provide exclusive left-turn lanes for traffic on Reith Road, and an exclusive right-turn lane for northbound traffic on Military Road. Modify the existing traffic signal. The project will include the construction of paving, paved shoulders, street lighting, storm drainage, utilities and appurtenances. PROJECT COST: Preliminary Engineering...................S70,000 Right of Way Acquisition.......................S-0- 0 Construction ...................................S510,000 TOTAL ..........................................S580,000 FUNDING SOURCE (S): AIP, City of Kent, STP (U) Funded PROJECT JUSTIFICATION: The level of development on the Kent West Hill, coupled with the growth in the Puget Sound area and the regularly occurring congestion along both Pacific Highway South and Interstate 5, results in significant congestion at this intersection in the morning and evening peals hours. Forecast v/c ratios will exceed the adopted standard unless interim improvements are made to provide additional capacity. STP— Surface Transportation Program [Federal]; (U) Urban, (E) Enhancements, HES— Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, .41P - Artenal Improvement Program [State],LID—Local Improvement District. 25 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT: Central Avenue Pavement Rehabilitation Willis Street (SR 5 16) to the Green River Bridge DESCRIPTION: Remove and rehabilitate the existing roadway pavement to add additional service life to the roadway, between Willis Street (SR 5 16) and the Green River Bridge. This project will include the removal and replacement of the upper two inches of the existing pavement in the curb lanes in both directions, and a full-width asphalt concrete overlay of the entire roadway, and will also include the selective replacement of catch basin inlets, and driveway approach aprons, and curbs and gutters. PROJECT COST: Preliminary Engineering...................S20,000 Right of Way Acquisition.......................S-0- Construction ...................................S366,000 TOTAL ..........................................S386,000 FUNDING SOURCE (S): STP (U), City of Kent PROJECT JUSTIFICATION: The existing paving along this section of Central Avenue is exhibiting signs of distress, as demonstrated by "alligatoring", longitudinal cracking, and cracking of the curbs and gutters. The service life of this roadway has been reached, necessitating reconstruction of the pavement to extend the service life of the roadway, and prevent further pavement degradation. STP— Surface Transportation Program [Federal]; (U) Urban, (E) Enhancements, HES— Hazard Elimination, FMSIB —Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, AIP- Arterial Improvement Program [State],LID—Local Improvement District. 26 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: EAR: 2005 PROJECT: South 272"d Street Widening - Phase I Military Road to 261h Avenue South DESCRIPTION: Widen the intersection of South 272"d Street and Military Road to extend the existing left-turn pockets on the west and north legs and also add an 1100 foot right-tum lane on the north leg. The South 272nd Street I-5 undercrossing will be excavated and the existinc, four lanes under the bridge widened to seven lanes. These lanes will include four general purpose lanes, a center turn lane, and two lanes held in reserve for Phase III of this project. This project will also include the construction of paved shoulders, storm drainage, utilities and appurtenances. PROJECT COST: Preliminary Engineering..............S 1,100,000 Right of Way Acquisition.............S900,000- Construction ................................S5,700,000 TOTAL .......................................S7,700,000 FUNDING SOURCE (S): STP (E), City of Kent, Federal Way, King County. Sound Transit, TPP PROJECT JUSTIFICATION: The traffic volumes along this section of South 272"d Street have reached the point where additional lanes are required to reduce congestion Additional lanes are also required under I-5 to reduce congestion. The additional length of the right turn lane from Military Road will help prevent extensive backups in the southbound lane. The project will also relieve congestion near the northside Park and Ride lot. Federal Urban E Enhancements, STP Surface Transportation Program [Federal]; ( ) , ( ) HES-Hazard Elimination, FMSIB -Freight Mobility Strategic Investment Board [State], TIA -Transportation Improvement Account, TIB-Transportation Improvement Board, .4IP - Arterial Improvement Program [State],LID-Local Improvement District 27 • CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2005 PROJECT: Military Road Widening - Phase I Reith Road to Kent-Des Moines Road (SR 516) DESCRIPTION: Widen and re-channelize Military Road to provide an interim three-lane roadway, including two general-purpose travel lanes, and a center left-tum lane. The project will include the construction of paving, street channelization, street lighting, utilities and appurtenances. PROJECT COST: Preliminary Encrineenn....................S45,000 Right of Way Acquisition.......................S-0- Construction ...................................S 115,000 TOTAL ..........................................S160,000 FUNDING SOURCE (S): City of Kent PROJECT JUSTIFICATION: The level of development along this section of Military Road has reached the point where a three-lane roadway section is required to accommodate through traffic and provide safe left-turn access into the commercial center southwest of the National Guard facility. STP— Surface Transportation Program [Federal]; (U) Urban, (E) Enhancements, HES— Hazard Elimination, FMSIB —Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, .41P - Artenal Improvement Program [State],LID—Local Improvement Distract. 28 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007 - PROJECT: South 228th Street Corridor - Phase III 841h Avenue South to Benson Road (SR 515) DESCRIPTION: Construct a new three to five-lane roadway from 84`h Avenue to Benson Highway (SR 515), including a new bridge over SR 167, and modification to the traffic signal at the intersection of South 2241h Street and 841h Avenue South. The project will include the construction of full-width paving, concrete curbs, gutters, sidewalks, street lighting, storm drainage, bicycle lanes, landscaping, utilities and appurtenances. PROJECT COST: Preliminary Engineering.................S800,000 Right of Way Acquisition............S2,500,000 Construction ................................S9,575,000 TOTAL .....................................$12,875,000 FUNDING SOURCE (S): TPP, King County, City of Kent, LID PROJECT JUSTIFICATION: The James Street and South 208`h/212`h Street `corridors' are infeasible to widen to accommodate forecast traffic volumes without additional east- west capacity, based upon existing development and topographic constraints. Additional capacity is required to accommodate existing development in the East Hill area of the City. Enhancement STP Surface Transportation Program [Federal]; (I� Urban, (E) s, HES— Hazard Elimination, FMSIB —Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, AIP - Arterial Improvement Program [State],LID—Local Improvement Distract. 29 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007 PROJECT: 801h Avenue South Widening South 196th Street to South 188th Street DESCRIPTION: Widen 801h Avenue South 196th Street to South 188th Street from four lanes to five lanes and add general improvements. This will include four general-purpose lanes and a center left-turn lane. The project will also include the construction of full-width paving, concrete curbs, gutters, sidewalks, street lighting, storm drainage, utilities and appurtenances. PROJECT COST: Preliminary Engineering.................S 130,000 Right of Way Acquisition...............S285,000 Construction ...................................S515,000 • TOTAL ..........................................S930 000 FUNDING SOURCE (S): City of Kent, LID PROJECT JUSTIFICATION: The opening of 1961h Street Corridor on the south end of the project and Renton's completion of Oaksdale Avenue will result in 80ih Avenue being a significant north/south corridor serving the industrial area. As a result, the increased traffic volumes along this section of 801h Avenue South could reach the point where a consistent five-lane roadway section is required to provide safe left-turn access into the adjoining properties. Further, concrete curbs, gutters, sidewalks, and street lighting are required to provide control of roadway drainage, to prevent impacts to adjacent property owners, and to provide safe access for pedestrians. STP— Surface Transportation Program [Federal]; (U) Urban, (E) Enhancements, NES— Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, AIP - Arterial Improvement Program [State],LID—Local Improvement Distnct. 30 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007 PROJECT: South 272nd Street Widening - Phase II 261h Avenue South to Pacific Highway South (SR 99) DESCRIPTION: Widen South 272nd Street to add one westbound left turn lane at the intersection of South 272nd Street and Pacific Highway South and left turn lanes at the Star Lake Road intersection. If feasible, construction of curb, gutter, and sidewalks, street lighting, storm drainage facilities, utilities and appurtenances will be deferred until Phase III of the South 272nd Street Widening Project. PROJECT COST: Preliminary Engineering.................S 100,000 Right of Way Acquisition.................$50,000 Construction ...................................$650,000 TOTAL ..........................................$800,000 FUNDING SOURCE (S): STP (E), City of Kent, TIB PROJECT JUSTIFICATION: Traffic volumes along this section of South 272„d Street have reached the point where widening and additional turn lanes are required to reduce congestion at the intersections and prevent backups between Pacific Highway and I-5. This project will coordinate with access to the site of the proposed southside Park and Ride lot and with City of Federal Way improvements west of Pacific Highway. STP Surface Transportation Program [Federal]; (U) Urban, (E) Enhancements, HES- Hazard Elimination, FMSIB -Freight Mobility Strategic Investment Board [State], TIA -Transportation Improvement Account, TIB-Transportation Improvement Board, .-IIP - Arterial Improvement Program [State],LID-Local Improvement District. 31 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2007 PROJECT: South 272nd Street Widening - Phase III Military Road to Pacific Highway South and I-5 HOV Loop Ramp DESCRIPTION: Add two HOV Lanes from Military Road to Pacific Highwav South (SR 99). An HOV loop-ramp from eastbound South 272nd Street to northbound I-5 will also be constructed. Construction will include curb, gutter, sidewalks, street lighting, storm drainage facilities, utilities and appurtenances. PROJECT COST: Preliminary Engineering.................$800,000 Right of Way Acquisition...............S500,000 Construction ................................S6,200,000 TOTAL .......................................S7,500,000 FUNDING SOURCE (S): STP (E), City of Kent, TIB PROJECT JUSTIFICATION: Traffic volumes between Pacific Highway South and Military Road have reached the point where improvements supporting HOV-added capacity are required to reduce congestion at the intersections and reduce backups approaching I-5. The HOV lanes will provide access to the northside Park and Ride lot and the site of the proposed southside Park and Ride lot. Adding HOV lanes and HOV access to I-5 supports various County and City of Federal Way transportation and transit improvement projects. STP— Surface Transportation Program [Federal]; (U) U,•ban, (E) Enhancements, HES—Hazard Elimination, FMSIB —Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, .9IP - Artenal Improvement Program [State],LID—Local Improvement District. 32 CITY OF KENT SIX YEAR T' A.NSPORTATION IMPROVEMENT PROGRAM YEAR: 2003 PROJECT: 41h Avenue & Smith Street Intersection Improvements Intersection Improvement DESCRIPTION: Reconstruct the 4th Ave & Smith St intersection by widening each approach to add left turn pocket with appropriate left turn storage on each of the four legs, and upgrade the traffic signal accordingly. PROJECT COST: Preliminary Engineering.................S200,000 Right of Way Acquisition...............S2709000 Construction ...................................S750,000 TOTAL .......................................S1,220,000 FUNDING SOURCE(S): FTA, City of Kent PROJECT JUSTIFICATION: The intersection currently has four lanes on each approach. Volumes are such that it is necessary to operate the signal to serve only one approach at a time. This project would widen each approach to provide for a separate left turn leg, with appropriate left turn storage, which would allow a much more efficient operation of the signal at this intersection, and significantly enhance the traffic signal progression along both of these heavily traveled arterial corridors. This project also provides necessary transportation capacity for the redevelopment of the Borden site and adjacent properties recently purchased by the City as an urban revitalization measure. STP— Surface Transportation Program [Federal]; (0 Urban, (E) Enhancements, HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, .SIP- Arterial Improvement Program [State], LID—Local Improvement District. 33 CITY OF KENT SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM YEAR: 2002 PROJECT: Kent Station Infrastructure Improvements Vicinity of I" Avenue North and Temperance Street DESCRIPTION: Improve the west half of I" Ave S to the city street standard, construct a new city street (2nd Ave/Borden Way) from Smith Street to 4`h Avenue South to city street standards. Install a traffic signal at the intersection of Borden Way and 4th Avenue South, improve the north half of Temperance Street to city street standards, construct other transit and/or commuter rail improvements in, around and in the vicinity of the Kent Station and Commuter Rail Station sites. The project includes landscaping, paving, concrete curbs, cutters, storm drainage systems, utilities, and appurtenances. v PROJECT COST: Preliminary Engineering.................S325,000 Right of Way Acquisition............................0 Construction ................................S1,450,000 TOTAL .......................................S1,775,000 FUNDING SOURCE (S): FTA, City of Kent PROJECT JUSTIFICATION: This project provides the necessary Transportation infrastructure for the redevelopment of the Borden and adjacent properties that the city recently purchased. The project includes street improvements required by the development of the site, as well as mitigation measures (traffic signal), to accommodate access to the City arterial street system. STP— Surface Transportation Program [Federal]; (U) Urban, (E) Enhancements, HES—Hazard Elimination, FMSIB—Freight Mobility Strategic Investment Board [State], TIA —Transportation Improvement Account, TIB—Transportation Improvement Board, AIP- Arterial Improvement Program [State],LID—Local Improvement District. 34 O C .Ei �0 Y ca W .z o W W G R O CW .x � O .. x � � oa CO) IL °- N ul Q W K N W K LU W 4 } Q } Q S 1 r ul rc � m o se 3 IfAV NI ' as am Brl r as am Brl ' 3S 3Atl 061 I r 1 >II I_ Da �G I � I 1 3AV PZI 'I c as L as 3nr eo � r I ICI I ' � I I I I I I D ...... :aS HI f -gal I `ty I I I - I i r 3S 3AV WI_ M,f °° aI(enl n s aAv:w n3 tslwn a �z I al- _7 I;9Z1 - � ! .gN Rellroe� l i pawlleN'I N 0' anew z1 ^ j peollu� do I I III -Ilan LL M'� �f1En ;aAl ' ti anY BB 1 r r - a � w anv 69 H R w - S S au i 'Al sl 's •u�Ir��el _ I I Kent City Council Meeting, Date September 4, 2001 Category Public Hearings, 1 . SUBJECT: AGRICULTURAL LANDS MORATORIUM RESOLUTION 2 . SUMMARY STATEMENT: On July 17, 2001, the City Council passed Resolution No. 1599 imposing a moratorium on the acceptance of applications for any land use permit or approval. for, subdivisions, short plats, or any other similar application (including rezones) , that increased the number of hots and/or density on property located within the currently zoned agricultural lands (A-1 or AG designa- tion) . State law authorizes cities to adopt moratoriums, provided a public hearing is held within sixty days of adoption. This date has been set as the date for a ,public hearing on this matter. After making findings, the Council may either continue the moratorium for the full six-month term or. terminate the moratorium. 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.,) 5 . UNBUDGETED FISCAL/PERSON�EEL IMPACT: N0X_ YES 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: A. Councilmember roves, Councilmember - seconds to close the public hearing. B. Councilmember moves, Councilmember seconds to- pass Resolution No adopting Findings of Fact and CONTINUING the moratorium:.established pursuant to Resolution no. 1599 on the acceptance of applications for any land use permit or approval for subdivisions, short plats, or any other similar application (including rezones) , that increased the number of lots and/or density on property located within the currently zoned agricultural lands ® (A-1 and _AG designations) in the City of Kent. OR: to pass Resolution No. adopting Findings of Fact and TERMINATING the moratorium-established in Resolution No. 1599 on the acceptance of applications for any land use permit or approval for subdivisions, short plats, or any other similar application (including rezones) , that increased the number of lots and/or density on property located within the currently zoned agricultural lands (A-1 and AG designations) in the City of Kent. DISCUSSION: ACTION: Council Agenda Item No. 5B RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to agricultural lands; adopting findings of fact and continuing a moratorium on the acceptance of applications for any land use permit or approval for subdivisions, short plats, or any other similar application that increases the number of lots and/or density on property located within the currently zoned A-1 and AG agricultural lands, as identified in the zoning map of the City of Kent. WHEREAS, on November 6, 2000 and December 11, 2000, the City Council Planning Committee discussed the existing policies related to agricultural lands and on December 11, 2000, moved to direct staff to analyze the City's policies on property designated Agricultural (A-1) and Agricultural General (AG) on the Valley Floor; and WHEREAS, the Land Use and Planning Board is now considering these policies, including zoning and other issues related to agricultural lands with the zoning designations of A-1 and AG located within the City of Kent; and WHEREAS, there is a possibility that the City could, during this process, receive applications for subdivisions or short plats that would significantly increase the number of lots and/or the density of the current agricultural lands, defeating the purpose of the agricultural land policy; and WHEREAS, the City needs additional time to fully review and analyze the issue of agricultural lands and this zoning in a comprehensive fashion; and 1 Moratorium Continuation — Agricultural Lands (A-1 and AG) WHEREAS, RCW 35A.63.220 authorizes cities to adopt moratoriums; provided, a public hearing is held within sixty(60) days of adoption; and WHEREAS, on July 17, 2001, the City Council adopted Resolution No. 1599 which imposed a moratorium barring the acceptance of all applications for any land use permit or approval for subdivisions, short plats, or any other similar application (including rezones), that increased the number of lots and/or density on property located within the currently zoned agricultural lands until additional review has been completed and any necessary code revisions have been adopted by the Kent City Council; and WHEREAS, RCW 35A.63.220 provides that a city adopting a moratorium shall adopt findings of fact immediately after the public hearing held within sixty(60) days of adoption of the moratorium; and WHEREAS, a public hearing was held on Tuesday, September 4, 2001, before the Kent City Council; and WHEREAS, the City Council has considered written comments and public testimony received at the hearing, as well as materials presented by staff at the hearing; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals and Findings of Fact Incorporated. The recitals set forth in this resolution are hereby incorporated as if fully set forth herein and are hereby adopted as additional Findings of Fact to the extent they are not inconsistent with the Findings of Fact adopted in Section 2 of this Resolution. 2 Moratorium Continuation — Agricultural Lands (A-1 and AG) SECTION 2. Findings of Fact. The Kent City Council hereby adopts the following Findings of Fact: 1. The City Council previously forwarded the matter of agricultural lands to the Land Use and Planning Board for consideration. 2. The Land Use and Planning Board is now considering the existing City policies on property designated Agricultural (A-1) and Agricultural General (AG) on the Valley Floor, and determining whether to continue to preserve agricultural lands and, if so, what policies and programs the City should adopt in order to preserve these lands. 3. The Land Use and Planning Board has scheduled a public hearing on the matter of agricultural lands at its September 24, 2001 meeting. 4. After the Land Use and Planning Board concludes its review of agricultural lands, it will forward its recommendation to the City Council for consideration. 5. The Land Use and Planning Board will consider comprehensive plan, zoning, and other issues related to agricultural lands. 6. During the analysis and review of the issues concerning agricultural lands, there is a possibility that the City could receive applications for subdivisions, short plats, or any other similar application (including rezones), that may increase the number of lots and/or density on property located within the currently zoned agricultural lands (A-1 and AG designations) within the City 7. An increase in the number of lots and/or density of the property located within the A-1 and AG zoning designations for agricultural lands within the City may conflict with the City's ultimate determination of the density and location of agricultural lands, if any. 8. The City needs additional time to fully review and analyze the issue of agncultural lands in a comprehensive fashion and to determine and implement any necessary changes to the comprehensive plan, zoning chap, and policies. 9. RCW 35A.63.220 authorizes cities to adopt moratoriums; provided, a public hearing is held within sixty(60) days of adoption. 3 Moratorium Continuation — Agricultural Lands (A-1 and AG) 10. The City Council finds that it is appropriate to continue the moratorium on the acceptance of all applications for any land use permit or approval for subdivisions, short plats, or any other similar application (including rezones), that increase the number of lots and/or density on property located within the currently zoned agricultural lands as identified in the zoning maps until additional review has been completed and any necessary code revisions have been adopted by the Kent City Council. SECTION 3. Continuation of Moratorium. Based on the Findings of Fact adopted in Sections 1 and 2, the City Council hereby determines that it is necessary for the moratorium enacted in Resolution No. 1599 to remain in effect for the entire 180-day period set forth in Resolution No. 1599. Accordingly, the moratorium shall not expire until midnight on January 13, 2002, unless the moratorium is shortened or extended by action of the City Council or until the effective date of any ordinance establishing new regulations governing agricultural lands within the currently zoned A-1 and AG zoning designations, which ever is sooner, and during said moratorium, no application shall be accepted for any land use permit or approval for subdivisions, short plats, or any other similar application (including rezones), that increases the number of lots and/or density on property located within the currently zoned agricultural lands (A-1 and AG designations) as identified in the zoning maps, more fully set forth in Exhibit "A" attached hereto and incorporated herein by reference. This moratorium shall not apply to any application for a land use permit or approval which is completed and vosted on the effective date of this moratorium originally enacted on July 17, 2001. Additionally, this moratorium shall not apply to any other application for a land use permit or approval which is not for a subdivision, short plat, or other similar application, which increases the number of lots and/or density on property located within or proposed for inclusion as agricultural lands. Examples of the latter include, but are not limited to, a building permit application on an existing lot and a final plat application on an existing approved preliminary plat. 4 Moratorium Continuation — Agricultural Lands (A-1 and AG) SECTION 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION S. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of September, 2001. CONCURRED in by the Mayor of the City of Kent this day of September, 2001. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 5 Moratorium Continuation — Agricultural Lands (A-1 and AG) 'r N • -` MNIIM • • ■ '�iSH�r-mot-. ... ��i1� ��� � � •1 �11�.��■N1�GE �� •I ■ RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to agricultural lands; adopting findings of fact and terminating a moratorium on the acceptance of applications for any land use permit or approval for subdivisions, short plats, or any other similar application that increases the number of lots and/or density on property located within the currently zoned A-1 and AG agricultural lands, as identified in the zoning map of the City of Kent. WHEREAS, RCW 35A.63.220 authorizes cities to adopt moratoriums, provided a public hearing is held within sixty days of adoption; and WHEREAS, on July 17, 2001, the City Council adopted Resolution No. 1599 which imposed a moratorium barring the acceptance of all applications for any land use permit or approval for subdivisions, short plats, or any other similar application (including rezones), that increased the number of lots and/or density on property located within the currently zoned agricultural lands until additional review has been completed and any necessary code revisions have been adopted by the Kent City Council; and WHEREAS, RCW 35A.63.220 provides that a city adopting a moratorium shall adopt findings of fact immediately after the public hearing held within sixty days of adoption of the moratorium; and 1 Agricultural Lands Moratorium Termination WHEREAS, a public hearing was held on Tuesday, September 4, 2001, before the Kent City Council to consider testimony on whether or not to continue the moratorium; and WHEREAS, the City Council has considered any and all written comments and/or testimony, as well as materials presented by staff at the hearing and hereby finds that the moratorium is no longer necessary and, therefore, should be terminated; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Recitals and Findings of Fact Incorporated. The recitals set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. Termination of Moratorium. Based on the Findings of Fact adopted in Section 1, the City Council hereby determines that it is not necessary for the moratorium enacted in Resolution No. 1599 to remain in effect for the entire 180-day peraod set forth in said Resolution. Accordingly, the moratorium set forth in Resolution No. 1599 shall terminate effective immediately upon passage of this resolution. SECTION 3. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 2 Agricultural Lands Moratorium Termination SECTION 5. Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of September, 2001. CONCURRED in by the Mayor of the City of Kent this day of September, 2001. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of September, 2001 BRENDA JACOBER, CITY CLERK P\Civil\Resolution\MoratonumTemination-Agrtcul"nds doc 3 Agricultural Lands Moratorium Termination }NSENT CALENDAR 6. CitY Council Action: Councilmember moves, Councilmotber , seconds to approve Consent Calendar items through J. Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of August 21, 2001 . 6B. Approval of Bills. Approval of payment of :the bills- received through August 15 and paid on August 15, after auditing by the Operations Committee on August 21, 2001 . Approval of checks issued for vouchers: Date Check Numbers :Amount . 8/15/01 Wire transfers 1017-1026 $1, 091, 347 . 17 8/15/01 Prepays 521015-521190 :1, 6340214 . 81 8/15/01 Regular 521191-521593 -, 1, 345, 347 . 43 8/15/011 Void 521028 J7,206.36) $4, 063, 703. 05 Approval of checks issued for payroll for August 1 through August 15 and paid on August 20, 2001 : Date Check Numbers Amy t 8/20/01 Checks 254210-254575 $ 336, 457 . 19 8/20/01 Advices 115708-116359 1,964;,869. 85 .: $1, 401, 327 .04 „ Council Agenda, Item No. 6 A-B Kent, Washington August 21, 2001 The regular meeting of the Kent City Council was called to order at 7 : 00 p .m. by Mayor White . Councilmembers present : Brotherton, Clark, Epperly, and Orr . Others present : Interim Chief Administrative Officer Martin, City Attorney Lubovich, Police Chief Crawford, Acting Fire Chief Hamilton, Public Works Director Wickstrom, Planning Manager Satterstrom, Finance Director Miller, Parks, Recreation and Community Services Director Hodgson and Employee Services Director'Viseth. Approximately 50 people were at the meeting. CHANGES TO THE AGENDA Orr requested that Bid Items A and B be held prior to Other Business Items A and B. There was no objection and it was so ordered. Orr requested that Consent Calendar Item F be removed. There was no objection and it was so ordered. There were no changes to the agenda from the public . CONSENT CALENDAR ORR MOVED to approve Consent Calendar Items A through P, with the exception of Item F which was removed. Clark seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) Approval of Minutes . APPROVAL of the minutes of the regular Council meeting of August 7, 2001 . BILL OF SALE (CONSENT CALENDAR - ITEM 6L) Erin Glade Bill of Sale. ACCEPT the Bill of Sale for Erin Glade submitted by Shamrock Development for continuous operation and maintenance of 1, 335 feet of watermain, 1, 635 feet of sanitary sewer, 2, 065 feet of storm sewer and 1, 305 feet of street improvements, as recommended by the Public Works Director . Bonds are to be released after the one-year expiration period. This project is located at Southeast 273rd Street and 112th Avenue SE . (CONSENT CALENDAR - ITEM 6N) Emerald Ridge Division One Bill of Sale. ACCEPT the Bill of Sale for Emerald Ridge Division I submitted by Dreamcraft Homes for continuous operation and 1 Kent City Council Minutes August 21, 2001 BILL OF SALE maintenance of 660 feet of watermain, 593 feet of sanitary sewer, 901 feet of storm sewer and 550 feet of street improvements, as recommended by the Public Works Director . Bonds are to be released after the one-year expiration period. This project is located at 102nd Place SE & SE 248th Street . WATER (CONSENT CALENDAR - ITEM 6I ) Second Supply Project Agreement. AUTHORIZATION for the Mayor to execute the Tacoma Second Supply Project Agreement subject to the concurrence with the terms, conditions and language therein by the Public Works Director and the City Attorney, as recommended by the Public Works Committee . (BIDS - ITEM 8A) Ramstead Water and Sanitary Sewer Extension and Seven Oaks Pump Station Sanitary Sewer Connection. The bid opening for this project was held on August 8th with five bids received. The low bid was submitted by Pivetta Brothers in the amount of $180, 893 . 60 including sales tax. The Public Works Director recommends award- ing this contract to Pivetta Brothers . CT ARK MOVED that the Ramstead Water & Sanitary Sewer Extension & Seven Oaks Pump Station Sanitary Sewer Connection contract be awarded to Pivetta Brothers for the bid amount of $180, 893 . 60 including sales tax . Epperly seconded and the motion carried. TRANSPORTATION (CONSENT CALENDAR - ITEM 6K) Six Year Transportation Improvement Plan. SET September 4th as the public hearing date for the Six Year Transportation Improvement Program, as recommended by the Public Works Committee . PUBLIC WORKS (CONSENT CALENDAR - ITEM 6J) Latecomer Agreement, Lake Fenwick Estates . AUTHORIZATION for the Public Works Director to execute a Water Latecomer Agreement with Half, L. L.C. for Lake Fenwick Estates, as recommended by the Public Works Committee . 2 Kent City Council Minutes August 21, 2001 PUBLIC WORKS (CONSENT CALENDAR - ITEM 6M) Green River Trail Easement to Puget Sound Energy. ACCEPT $500 . 00 from Puget Sound Energy (PSE) to expand an existing easement on the Green River Trail for a new 6" natural gas line, and amend the Land Acquisition budget, as recommended by the Parks Committee . (CONSENT CALENDAR - ITEM 6P) Pacific Gateway Monument Signage. AUTHORIZE Boeing ' s use of right-of-way for their monument signage subject to the terms, restrictions and conditions approved by the Public Works Director and the City Attorney, as recommended by the Public Works Committee . Further, Boeing proposes to incorporate the City' s logo into the monument signage for which the Public Works Committee has also recommended concurrence, subject to City approval of the monument design. Pacific Gateway Business Park is a development by the Boeing Company that surrounds their Space Center complex along West Valley Highway. Boeing has requested the use of the City' s right of way at the southwest corner of West Valley Highway and South 196th Street as part of their entry demarcation for the development . (BIDS - ITEM 8B) Wiesner Drainage Improvements . The bid opening for this pro3ect was held on August 16th with five bids received. The low bid was submitted by Pivetta Brothers in the amount of $117, 415 . 87 including sales tax. The Engineer ' s estimate was $123, 605 . 50 including sales tax . The Public Works Director recommends awarding this contract to Pivetta Brothers . CLARK MOVED that the Wiesner Drainage Improvements contract be awarded to Pivetta Brothers in the bid amount of $117, 415 . 87 including sales tax . Epperly seconded and the motion carried. COMMUTE TRIP REDUCTION (CONSENT CALENDAR - ITEM 6H) Commute Trip Reduction Contract. AUTHORIZATION for the Mayor to sign the Commute Trip Reduction Implementation Agreement, upon concurrence of the language therein by 3 Kent City Council Minutes August 21, 2001 COMMUTE TRIP REDUCTION the City Attorney, as recommended by the Public Works Committee . ANNEXATION ZONING (PUBLIC HEARINGS - ITEM 5B) DeMarco Annexation Zoning and Comprehensive Plan Amendment AZ-2001-1 and CPA-2001-1, Second Hearing. On May 21, 2001, the Land Use and Planning Board held a public hearing on both the annexation zoning map amendments and the comprehensive plan amendments for the DeMarco Annexation area . This is the second of two public hearings before the Council; the first was held on July 17, 2001 . Council President Orr announced that, due to the absence of several Council members, action will not be taken tonight, but it is anticipated that action will be taken at the September 4th Council meeting . Brotherton emphasized that the public hearing is tonight, not on September 4th. Orr added that input from tonight ' s hearing will be included in the next agenda . Charlene Anderson of Planning Services displayed a map of the area and explained the Land Use and Planning Board' s recommendation . She added that there are wetlands on the inventory, and reviewed the zoning history of the parcels . Mayor White then opened the public hearing. Kevin Joyce, 11858 SE 236th, expressed concern about the wetlands, wildlife, overcrowded schools, vacant commercial buildings and traffic congestion . He urged the Council to retain single family zoning, with six units per acre . Ted Nixon, 911 Temperance Street, proposed having 200 townhouse units, a shopping center, and "a park in the area . He provided reports from the Sierra Club on urban sprawl, population control and urban densities, as well as a layout of the proposal . He said the Council should demand a model for high density neighborhoods with convenience stores, parks and a viable transit system. He then requested that they consider not only maintaining existing zoning but rezoning the existing BN as CC, the multifamily to MRT-16, and the parcel north of the BN zoning to MRT-16, 4 Kent City Council Minutes August 21, 2001 ANNEXATION 0 ZONING in order to enhance the potential for a centralized park rather than a park at the perimeter of the community. Don Huling, 12320 SE 235th, submitted a letter express- ing the residents ' hope that annexing to the City of Kent would result in a reduced risk of up-zoning, and that their concerns would be heard. Kathy Withem, 12346 SE 236th, voiced concern about high density zoning and requested SR6 zoning. Julie Reece-DeMarco, 13004 SE 234th Street, voiced concern about increased traffic and speeds and about the safety of children in the area . She said that many commercial services are available within a five minute walk, and that another commercial property is not needed. There were no further comments from the audience and ORR MOVED to close the public hearing. Clark seconded and the motion carried. ORR MOVED to make all of the materials received tonight, as well as letters from Frederick Mendoza, Brad and Gina Martin, Julie Reece-DeMarco and Sandra Mathews, a part of the record. Clark seconded and the motion carried. COMMUNITY DEVELOPMENT BLOCK GRANT (CONSENT CALENDAR - ITEM 6C) 2002 Community Development Block Grant Program APPROVE the proposed Community Development Grant Program, estimated at $582, 231 . 00 and based on the U . S . Department of Housing and Urban Development (HUD) proposed 2002 budget, as recommended by the Parks Committee . COUNCIL (CONSENT CALENDAR - ITEM 6F) (REMOVAL AT THE REQUEST OF COUNCILMEMBER ORR) Election Information Video. Resolution No . 1544 established policies and procedures relating to election video broadcasts, but since the position of Municipal Court Judge is now an elected position, it is necessary to include this position in the election video broadcasting. 5 Kent City Council Minutes August 21, 2001 COUNCIL Orr offered changes to the proposed ordinance as follows : Page 2, Section 2 .C . - - insert "at least once each day" into the last sentence; and insert "The order of presehtation shall be determined by lot", as the second sentence in Paragraph C . ORR MOVED approval of Resolution No . 1600 as modified. Clark seconded and the motion carried. (CONSENT CALENDAR - ITEM 60) Excused Absences from Council Meeting. APPROVAL of excused absences from the August 21, 2001, City Council meeting for Councilmember Judy Woods and Councilmember Rico Yingling, as neither are able to attend. (OTHER BUSINESS - ITEM 7A) Interim Council Candidates . The following candidates for the Interim Council position each gave a three- minute presentation regarding their interest in serving the position: Mary Lou Becvar Ronald Harmon Susie Shields Esther Smith Pauline Thomas Gregory Worthing (Jon Johnson was not in attendance at the meeting . ) The Mayor announced that the Council will consider the candidates during its Executive Session. After the Executive Session, Orr thanked the candidates and nominated Greg Worthing as the interim Council candidate . Epperly seconded. Clark pointed out the many ways citizens can serve the community. The motion then carried. Mr. Worthing was then sworn in by the City Clerk. PARKS, RECREATION AND COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 6D) Kiwanis Golden K Donation. ACCEPT the $2, 087 . 85 donation from Kiwanis Golden ' K' and amend the Service 6 Kent City Council Minutes August 21, 2001 PARKS, RECREATION AND COMMUNITY SERVICES Club Ballfield budget, as recommended by the Parks Committee . (CONSENT CALENDAR - ITEM 6E) Interagency Committee Grants for Park Projects . ACCEPT the Interagency for Outdoor Recreation (IAC) grant contracts, as recommended by the Parks Committee and amend the following budgets : 1 . Canterbury Park Acquisition - $170, 000 . 00 2 . Service Club Ballfields - $300, 000 . 00 3 . Green River Disabled Fishing Access - $300, 000 . 00 4 . Clark Lake Acquisition - $500, 000 . 00 Total $1, 270, 000 . 00 (OTHER BUSINESS - ITEM 7B) Condemnation Ordinance No. 3394 Repeal . The proposed ordinance would repeal Ordinance No. 3394 which provided for the acquisition of certain property and/or property rights for parks, recreation and any other public purpose; and which provided for the condemnation, appro- priation, and taking of such property rights as are necessary for those purposes . The City Attorney requested that this item be delayed until after the Executive Session . There was no ob]ection and it was so ordered. After the Executive Session, ORR MOVED to adopt Ordinance No. 3571, repealing Ordinance No. 3394 , relating to the condemnation of certain property for parks, recreation, and other public purpose . Clark seconded and the motion carried. FINANCE (PUBLIC HEARINGS - ITEM 5A) Capital Improvement Plan. This date has been set to receive public input on the 2002-2007 Capital Improvement Plan, which includes all capital expenditures for the next six years . Mayor White opened the public hearing. There were no comments from the audience and ORR MOVED to close the public hearing . Clark seconded and the motion carried. 7 Kent City Council Minutes August 21, 2001 FINANCE (CONSENT CALENDAR - ITEM 6B) Approval of Bills . APPROVAL of payment of the bills received through July 31 and paid on July 31 after auditing by the Operations Committee on August 7 , 2001 . Approval of checks issued for vouchers : Date Check Numbers Amount 7/31/01 1008-1016 $1, 697, 901 . 66 7/31/01 520361-521014 3, 230, 073 . 34 $4 , 927, 975 . 00 Approval of checks issued for payroll for July 16 through July 31 and paid on August 3, 2001 : Date Check Numbers Amount 8/3/01 Checks 253813-254209 $ 339, 079 . 55 8/3/01 Advices 114993-115707 1, 032, 588 . 90 $1, 371, 668 . 45 DIVERSITY BOARD (CONSENT CALENDAR - ITEM 6G) Diversity Advisory Board Membership Amendment. ADOPTION of Ordinance No . 3570, which increases the membership of the board from seven (7 ) to nine ( 9) members . The City desires to increase the membership of the board in order to broaden the perspective and increase the input on issues relating to diverse cultures being considered by the board. REPORTS Council President. Orr reminded Councilmembers to make their Suburban Cities reservations and thanked the Council candidates . She appointed Mr . Worthing to the Council ' s Public Safety Committee . Public Works . Clark noted that the Committee will meet on the loth and 24th in September, due to the holiday. Planning Committee. Brotherton noted that the meeting will be changed to the loth due to the holiday. 8 Kent City Council Minutes August 21, 2001 REPORTS Administrative Reports . Martin reported that due diligence is being completed on the selection for the developer on the Kent Station project and that negotiation with Langley Properties continues . At 7 : 50 p .m. the meeting recessed to Executive Session to discuss the interim Council position and property acquisition, with action to be taken on both items . The meeting reconvened at 8 : 10 p .m. , and action was taken on the Interim Council position (Item 7A) and the Condemnation ordinance (Item 7B) . ADJOURNMENT ORR MOVED to adjourn at 8 : 20 p .m. Clark seconded and the motion carried. i Brenda Jaco&r, CMC City Clerk 9 Kent City Council Meetj4g ' Date, September 4, '20Q3 Category Consent Calendir 1 . SUBJECT: 2002 BUDGET - SET DATE FOR FIRST PUBLIC HEARING 2 . SUMMARY STATEMENT: Set September 18, 2001•,as the first public hearing on the 2002 Budget. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6C Kent! City Council Meeting Date. September 4, '2QQ2. - Category Consent Calengat 1 . SECT: LOCAL IMPROVEMENT DISTRICT (LID) 351 SEGREGATION, . ASSESSMENT NO. 162 - RESOLUTION 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, passage of Resolution No. authorizing the segregation of Assessment #162 in LID 351 (277th Corridor) into five parcels for the purpose of selling said, parcels . 3 . EXHIBITS: Public Works Director memorandum, ,v'icinity map and resolution 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSOML IWACT: NO YES 6. EXPENDITURE REQUIRED: $, SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D COMMUNITY DEVELOPMENT Mike H. Martin, Deputy Chief Administrative Officer PUBLIC WORKS DEPARTMENT Don E. Wickstrom, P.E. Public Works Director K Phone 253-856-5500 ENT Fax 253-856-6500 W A 5 M I N G T O N Address: 220 Fourth Avenue S Kent, WA 98032-5895 Date: August 6, 2001 To: Publi Works Committee From: Don Vickstrom, Public Works Director Regarding: Segregation Request - LID #351 Opus Northwest has requested segregation of five parcels in Assessment # 162, LID 351, 272"d/277' Corridor. This request is being made due to the sale of said parcels. (See attached vicinity map). i MOTION: Recommend Council adoption of a Resolution authorizing the segregation of Assessment #162, LID 351 , into five parcels. Segregation-LID351#162 S89'35'24'W 522.28' lo LOT 'A' OLD LINf,r - - UNE °a �J :13 LOT 'E3' _ LOT 'G' OLD LINE C ( %..• 2C671-t' STR I-Q-T NEW I..I'E - cI LOT 'D' I `BIZ I II I I= I to UD 19 Ar, I v Ito �Fti A m RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, authorizing segregation of Assessment No. 162 as originally levied under LID 351, Ordinance No. 3513, into five parcels. WHEREAS, on June 6, 2000, the City established assessment number 162 of Local Improvement District 351 ("LID 351") in the amount of$395,106.60; and WHEREAS, Opus Northwest, the owner of record of the property originally affected by Assessment No. 162, has petitioned to obtain segregation of the property subject to assessment number 162, into five parcels, creating thereby a revised assessment number 162 together with new assessment numbers 162-01, 162-02, 162-03, and 162-04; and WHEREAS, that a resolution is necessary which would thereby create newly segregated assessment numbers 162, 162-01, 162-02, 162-03 and 162-04 of LID 351; and WHEREAS, the calculations for these newly segregated assessments will be created by resolution; and WHEREAS, pursuant to RCW 35.44.410, the City must segregate assessments as nearly as possible on the same basis as the original assessment; and 1 LID 351 Segregation Assessment No. 162 WHEREAS, because of the unified ownership of this property by Opus Northwest and because of other factors affecting this property, including the sale of said parcels, the City has determined that the most equitable basis for segregating these assessmem;. shall be to segregate the original assessment number 162 into five new sub-assessments, all consistent with the intent of the original segregation request of the property owner, Opus Northwest; and WHEREAS, consistent with RCW 35.44.410, the total of the newly segregated parts of the assessments shall equal the assessments before segregation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The above-listed recitals are found to be true and correct in all respects. SECTION 2. Assessment number 162, as established prior to the enactment is hereby revised in all respects into five assessment numbers. SECTION 3. The newly combined tract of amended assessment number 162 of LID 351, which is legally described in the LID segregation application certificates filed by Opus Northwest, attached hereto as Exhibit A and incorporated herein by this reference (indicated as "Exhibit A" on each application certificate), shall have five parcels segregated from the amended assessment tract (assessment numbers 162, 162-01, 162-02, 162-03, and 162-04) in accordance with the application of Opus Northwest. SECTION 4. The legal descriptions of the five newly segregated parcels from assessment number 162 are described in the attached LID segregation application - Exhibit A - filed by Opus Northwest, attached hereto as Exhibit B. 2 LID 351 Segregation Assessment No. 162 SECTION 5. The legal descriptions of the remainder of the tract of amended assessment number 162 are described in the attached LID segregation application certificates filed by Opus Northwest. SECTION 6. The new assessment amount for the newly segregated tract that will be subject to assessment 162-01 shall be$79,979.21; the new assessment amount for the newly segregated tract that will be subject to assessment 162-02 shall be $62,662.96;the new assessment amount for the newly segregated tract that will be subject to assessment 162-03 shall be $54,231.19; the new assessment amount for the newly segregated tract that will be subject to assessment 162-04 shall be $50,552.90; and the new assessment amount for the remainder of the property subject to assessment number 162 shall be $142,101.43, which is the amount remaining due under assessment number 162 less the assessment amounts now attributed to the tracts subject to the newly segregated assessment numbers 162-01 through 162-4. SECTION 7. The City Clerk shall deliver a certified copy of this resolution to the Finance Director who shall proceed with the segregations upon being tendered a fee of ten dollars for each tract of land for which segregation is to be made together with payment to the City for its reasonable engineering and clerical costs, as determined by the City's Public Works Department, that were incurred in making this segregation. SECTION 8. The Finance Director is hereby authorized and directed to segregate assessment numbers 162 of LID 351 according to the terms stated herein. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of , 2001. 3 LID 351 Segregation Assessment No. 162 CONCURRED in by the Mayor of the City of Kent this _ day , 2001. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington,the day of , 2001. BRENDA JACOBER, CITY CLERK P\Gvir\Resoluuom LID 151 Segregation-lsses No 162 doc 4 LID 351 Segregation Assessment No. 162 �-r K E N T RECEIVED W A 5 FI I N G T O N AUG 1 6 2001 220 4'11 Avenue South PROPERTY°F KeNr Kent, Washington 98032 ^tAN'tottii"�T Attn Property Management/Jerry McCaughan Requested by- Mike Ruhl Date- 1610 r LID# 351 Assess#162 Owner&Address ORIGINAL DESCRIPTION Opus Northwest LLC Lots 6,7,8,9,and 10,of Horseshoe Acre Tracts Addition of Kent According to 915 118`i'Ave SE, 4300 the Plat thereof recorded in Volume 15 of Plats,page 10 records of King Bellevue, Wa 98005 County, Washington, together with that portion of vacated Rose Avenue Now known as Lots A through E inclusive per Boundary Line Adjustment No L98LQ083,as recorded in Book 129 of Survey, at page 222, under recording number 9905199017, records of King County, Washington Situate in the County of King,State of Washington (If more space needed, attach description and refer to Exhibit"A") New Assessment No. 162-01 Owner& Address NEW DESCRIPTION New Assessment Amt$79,979 21 Amount includes 2002 interest Plant 3, LLC(Tniesoups) Lot A of Boundary Line Adjustment No L981-0083, as recorded in Book 129 Bruce Rowe of Survey,at page 222,under recording number 9905199017,recoids of King 19249 84'1'Ave South County, Washington Kent, Wa 98032 (If more space needed, attach description and refer to Exhibit"B") Owner&Addi ess REMAINDER DESCRIPTION Rem Assessment No 162 Opus Northwest LLC Lots B through E inclusive per Boundary Line Adjustment No L981-0083,as 915 1 18°i Ave SE, 000 recorded in Book 129 of Survey, at page 222, under recording number Bellevue, Wa 98005 9905199017, recoids of King County, Washington (If moie space needed, attach desci iption and refer to Exhibit"C") One hr at 540 00 The undersigned hereby accepts above tei ms and conditions and certifies to the correctness herein Per hour= 40 00 Total Due. 40 00 Paid pet receipt no 77159 SIGNETS ��12ti�i Authorized Signature Approved by Resolution # � � _QRI(�INnI,_TQ.�1N(1NCI� Ualc EXHIBIT "A" Page 1 of 4 KENT /� WASHINGTON RECEIVED 220 4`'Avenue South AUG 16 2001 Kent,Washington 98032 CITE Attn. Property Management/Jerry McCaughan FHAPERTY A N QFAICNT Requested by. Mike Ruhl Date: 3 t6Vo 1 LID# 351 Assess# 162 Owner&Address ORIGINAL DESCRIPTION Opus Northwest LLC Lots B through E inclusive per Boundary Line Adjustment No 1-981-0083,as recordec 915 118`i'Ave SE,000 in Book 129 of Survey, at page 222,under recording number 9905199017,records of Bellevue, Wa 98005 King County,Washington. (If more space needed,attach description and refer to Exhibit"A") Owner&Addiess New Assessment No 162-02 NEW DESCRIPTION New Assessment Amt $62,662 96 Amount includes 2002 interest James B Weder&Sandra Lot B of Boundary Line Adjustment No 1-981,0083, as recorded in Book 129 of L Weder Survey, at page 222,under recording number 9905199017, records of King County, 5377 347`h Place SE Washington Fall City, Wa 98024 (If more space needed, attach desci iption and refer to Exhibit"B") Owner&Address REMAINDER DESCRIPTION Rem Assessment No 162 Opus Noithwest LLC Lots C thiough E inclusive per Boundary Line Adjustment No 1-981-0083, as recorded 915 1 18'h Ave SE, 8300 in Book 129 of Survey, at page 222, under recording number 9905199017,records of Bellevue, Wa 98005 King County, Washington (If more space needed, attach description and refer to Exhibit"C") One hr at$40 00 The undersigned hereby accepts above terms and conditions and certifies to the correctness herein Per hour— 40 00 Total Die 40 00 Paid per Receipt No 77431 SIGNED </ Auth razed Signatuie Appioved by Resolution # ORIGINAL TO FINANCE Date EXHIBIT "A" Page 2 of 4 w.._,.n.„� RECEIVED 220 4'h Avenue South AUG 1 6 2001 Kent, Washington 98032 crrr Engineering Dept/Property Management PROPERry°AM c EM N, Attn.Jerry McCaughan CITY OF KENT LID SEGREGATION CERTIFICATE Requested by Mike Rulil Date 91610/ LID# 351 Assess# 162 Owner&Address ORIGINAL DESCRIPTION Opus Northwest LLC Lots C through E inclusive per Boundary Line Adjustment No L98L0083, as 915 11 S°i Ave SE, #300 iecoided in Book 129 of Survey, at page 222, under recording number Bellevue, Wa 9SO05 9905199017,records of King County, Washington. (If mores ace needed, attach descri ption and refer to Exhibit"A") New Assessment No 162-03 Owner&Address NEW DESCRIPTION New Assessment Annc.$54,231 19 Amount includes 2002 interest Opus Northwest LLC Lot C of Boundary Line Adjustment No L981-0083,as recorded in Book 129 915 11 S'h Ave SE, #300 of Survey, at page 222, under recording number 9905199017,records of King Bellevue, Wa 98005 County, Washington (If more space needed,attach description and refer to Exhibit"B") Owner& Address REMAINDER DESCRIPTION Rem Assessment No 162 Opus Northwest LLC Lots D through E Inclusive per Boundary Line Adjustment No' L98L0083,as 915 1 IS"'Ave SE, #300 recorded in Book 129 of Survey,at page 222,under recording number Bellevue, Wa 98005 9905199017,records of King County, Washington If mope s ace needed, attach description and refer to Exhibit"C") One hr at S40 00 Per hour= 40 00 The undersigned hereby accepts above temps and conditions and certifies to the correctness herein Total Due S,40 00 Paid per Receipt � e4�� SIGNED ��"'`"'"''r' No.77431 Authorized Signature Approved by Resolution# ORIGINAL TO FINANCE Date EXHIBIT "A" Page 3 of 4 K E N T RECE1 W. c r o VFD s i�i n r+ AUG 16 2001 220 Kent,'h Avenue Washington South t'AOPERrY $1F Ke NaGEhtEI r Aun Property Management/Jerry McCaughan Requested by� Mike Rulil Date: d�G/o i LID# 351 Assess# 162 Owner& Address ORIGINAL DESCRIPTION Opus Northwest LLC Lots D through E inclusive per Boundary Line Adjustment No 1-981-0083,as 915 118`h Ave SE,#300 recorded in Book 129 of Survey,at page 222,under recording number Bellevue,Wa 98005 9905199017,records of King County,Washington (If more space needed,attach description and refer to Exhibit"A") New Assessment No 162-04 Owner&Address NEW DESCRIPTION New Assessment Am($50,552 90 Amount includes 2002 interest Oberholtzer Limited Lot D of Boundary Line Adjustment No L981-0083, as recorded in Book 129 Partnership(Electro of Survey,at page 222, under recoichng number 9905199017, records of Kin- Prodlucts) County, Washington. John Oberholtzei 7243 South Taft St Seattle, Wa 98178 (If more space needed, attach description and refer to Exhibit"B") Owner&Address REMAINDER DESCRIPTION Rein Assessment No 162 Rem. Assessment Amt $142,101 43 Amount includes 2002 interest Opus Northwest LLC Lot E per Boundary Line Adjustment No. L98L0083, as recorded in Book 915 1 18`h Ave SE, #300 129 of Survey,at page 222,under rccoiding number 9905199017,records of Bellevue, Wa 98005 King County, Washington. (If more space needed, attach description and refer to Exhibit"C") One hr at$40 00 Per hour—$40 00 Total Due$40 00 The undersiened hereby accepts above terms and conditions and Paid per Receipt certifies to the correctness herein No 77431 SIGNED A thorized Signature Approved by Resolution# ORIGINAL TO FINANCE Date EXHIBIT "A" Page 4 of 4 CITY OF � ��J EXHIBIT "B" ' a Page 1 of 2 MAIL TO: PROPERTY MANAGEMENT CITY OF KENT ENGINEERING DEPT 220 4TH AVENUE SOUTIi KENT, WASHINGTON 98031 ATTN: .TERRY MCCAUGIIAN SEGREGATION APPLICATION 1. Legal Description of property to be segregated, together with an attached map of a scale of not less than 1" = 100' See Exhibit "A" attached 2. Square footage of Area to be segregated 247,804 SE See Exhibit "A" for breakdow 3. Local Improvements District # 351 Assessment # 016200 4 . Attached money order, check (no cash) in the amount of $40.00 made payable to the City of Kent. (Minimum Fee) 5. Print clearly the name and address of owner or incoming owner if applicable, of parcel to be segregated. See Exhibit "A" (If incoming owner, then this name shall be same as undersigned) t 6. The undersigned agrees to pay all charges in accordance with the City of Kent Ordinance and RCW 35.44.410. ($40.00/hr. less application Pee) 'U� Applicant's Signature Mike Ruhl , Opus Northwest, L.L.C. Print Name pp Tx/9513 � � l —0 4th AVC SO i I(CNT,WAS HINGTON 90032 50051 ENGINEERING (206)050 3383/OPERATIONS(206)059 3J95/fAX#050 33Ja EXHIBIT "B" Page 2 of 2 EXHIBIT"A" 1. Legal Descriptions: Building A of Riverbend Commerce Park: Lot A of Boundary Line Adjustment No.L981-0083,as recorded in book 129 of Survey,at page 222,under recording number 9905199017,records of King County,Washington. Situate in the County of King,State of Washington. ` Building B of Riverbend Commerce Park: Lot B of Boundary Line Adjustment No.L981-0083,as recorded in book 129 of Survey,at page 222,under recording number 9905199017,records of King County,Washington. Situate in the County of King,State of Washington. Building C of Riverbend Commerce Park: Lot C of Boundary Line Adjustment No.L98L0083,as recorded in book 129 of Survey,at page 222,under recording number 9905199017,records of King County,Washington. Situate in the County of King,State of Washington. Building D of Riverbend Commerce Park-- Lot D of Boundary Line Adjustment No.L98L0083,as recorded in book 129 of Survey,at page 222,under recording number 9905199017,records of King County,Washington. Situate in the County of King,State of Washington Building E of Riverbend Commerce Park: Lot E of Boundary Line Adjustment No.L98L0083, as recorded in book 129 of Survey, at page 222, Linder recording number 9905199017,records of King County,Washington. Situate in the County of King,State of Washington. 2. Square Footage: Total all buildings—247,804 SF Building A—50,880 SF (20.5%) Building B—39,864 SF (16%) Building C—34,500 SF (14%) Building D—32,160 SF (13%) Building E—90,400 SF (36.5%) Page I of 2 Kent City Council Meeting Date September 4, 2001 Category Consent Calendar 1 . SUBJECT: LAW ENFORCEMENT EDUCATION PARTNERSHIP GRANT - ACCEPT 2 . SUMMARY STATEMENT: Accept Law Enforcement Education Partnership Grant (LEEP) grant funds and establish budget . The Kent Drinking Driver Task Force will utilize the funds to provide drug education and violence prevention services to youth in the South King County. Junior high and senior youth from eight South King County school districts will attend the annual Youth Conference as a result of this funding. Funding Authority: State of Washington Department of Community, Trade and Economic Development (CTED) . Contract period: 7/1/2001 to 6/30/2002, the second year of a two-year grant application process. LEEP grant funds $ 26, 528 . 00 City' s Matching funds 92, 346. 00 • Total Grant $118, 874 . 00 3 . EXHIBITS: Copy of LEEP grant, contract #F01-67001052 i 4 . RECOMMENDED BY: Public Safety Committee 8/14/01 (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSODINEL IMPACT: NO YES X 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS- 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E SKATE OF WASHINGTON RF-05-1V50 LAW ENFORCEMENT DEPARTMENT OF COMMUNITY, TRADE AND EDUCATION PARTNERSHIP ECONOMIC DEVELOPMENT CONTRACT FACE SHEET OFFICE OF COMMUNITY DEVELOPMENT JUL 10 2001 1. Contractor's Name and Address: 5. Contract Period: Kent Police Department 7/1/2001 to 6/30/2002 220 4th Street Kent , WA 98032 6. Funding Authority: State of Washington Department of Community, Trade and 2. Tax Identification No. 91.6001254 Economic Development 7. Service Area: 3. Contract No.: F01.67001052 South King 4 Contact: Stacy Judd Title: Program Manager 8 BARS Code: 333.84 186 Telephone: (253) 856.5883 CFDA No.: 84.186 9. Contractor's Fiscal Year: January 1 to December 31 10. PURPOSE. To provide funds to organizations for law enforcement and education partnerships intended to provide drug education and violence prevention services to Washington school children. 11. Requests for reimbursement under this CONTRACT are subject to the following Budget: Grant Match Total Salaries $10.080 $48,671 $58,751 Benefits $0 $12,575 $12,575 Contracted Services $7,000 $9,000 $16,000 Goods and Services $7,198 $20,850 $28 048 Travel $750 $250 $1,000 Training $1,500 $1,000 $2,500 Equipment $0 $0 $0 12 Total $26,528 $92.346 $118,874 13 Estimated Expenditures (for grant funds) JUL $890 NOV $3,688 MAR $2,440 AUG $890 DEC $5.990 APR $1,940 SEP $940 JAN $990 MAY $3,940 OCT $940 FEB $940 J U N $2,940 TOTAL GRANT FUNDS: $26,528 IN WITNESS WHEREOF, the DEPARTMENT and CONTRACTOR acknowledge and accept the terms of this CONTRACT anc attachments hereto, and in witness whereof have executed this contract as of the date and year last written below The rights and obligations of both parties to this CONTRACT are governed by the information on this CONTRACT Face Sheet and other documents incorporated herein by reference CONTRACT Specific Terms and Conditions, Contract General Terms and Conditions, DEPARTMENT's Law Enforcement Education Partnership Program 2000-2002 Request for Application, and the CONTRACTOR's Law Enforcement Education Partnership Program 2000.2002 Application for Funding. FOR THE DE ENT FOR TH ld TRA OR: eve e s Ed Crawford .ssistant Director Name: Local Government Division Date: �— ( (-D Title: Chief of Police APPROVED AS TO FORM ONLY: Date: Jul y 9,20��1 Suzanne Shaw p-cic�a �+ Q++n.nc ( Anar�l r1o+o A-_: — nnnn STATE OF WASHINGTON DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT OFFICE OF COMMUNITY DEVELOPAMN'T LOCAL GOVERNMENT DIVISION CONTRACT SPECIFIC TERMS AND CONDITIONS LAW ENFORCEMENT EDUCATION PARTNERSHIP (LEEP) This AGREEMENT is entered into by and between the DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT, OFFICE OF COMMUNITY DEVELOPMENT (hereinafter referred to as the DEPARTMENT), and the CONTRACTOR. NOW, THEREFORE, in consideration of covenants, performances, and promises contained herein, the parties hereto agree as follows: 1. FUNDING SOURCE The total federal funds reflected on line 12 of the CONTRACT Face Sheet have been provided to the Department by the United States Department of Education from the SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT OF 1994. 2. SCOPE OF SERVICES The CONTRACTOR shall administer funds awarded hereunder solely for targeted and coordinated strategies to reduce substance abuse and violence under the Safe and Drug-Free Schools and Communities Act of 1994. Activities shall include, but not be limited to, the following: A. The continuation, development and implementation of projects for drug education and services such as: programs which provide classroom instruction by uniformed law enforcement officials, before and after-school activities in public and private schools, partnerships between law enforcement and child guidance professionals, and violence prevention activities; B. The development and implementation of innovative projects which emphasize interactive learning techniques, such as mock trial competitions and other programs in which district attorneys provide classroom instruction in the law and legal system, as defined in Section 4114(d) of the Safe and Drug Free Schools and Communities Act of 1994. C. Under this CONTRACT, treatment costs shall not be funded with the federal Safe and Drug-Free Schools and Communities funds. The CONTRACTOR shall only perform the projects defined in the CONTRACTOR's Law Enforcement Education Partnership (LEEP) Program Application For Funding, 2000-2002, as amended and approved by the DEPARTMENT. The CONTRACTOR's Application is incorporated herein by reference. The CONTRACTOR shall also perform in accordance with the budget and estimated expenditure plan, as stated on the CONTRACT Face Sheet, and with the policies and procedures issued by the DEPARTMENT. ContnetlBoi1enlLEEP.01.SPEC 1 of 6 DEPARTMENT's or the CONTRACTOR's responsibilities, with respect to services provided under this CONTRACT, is prohibited except by written consent of the client or his or her legal representative. This provision should not be construed to prohibit disclosure of any public records subject to disclosure under Chapter 42.17 RCW. 0 9. BUDGET REVISIONS The CONTRACTOR shall submit to the DEPARTMENT written request(s) to effect any change(s) in the project budget which reflect a cumulative transfer of greater than ten (10) percent in the aggregate among budget line items as indicated on the CONTRACT Face Sheet. or S 10,000, whichever is the lesser amount. The DEPARTMENT may approve or deny request(s) at its sole discretion. 10. REPORTING REQUIREMENTS The CONTRACTOR shall submit required reports by the date due using required forms according to DEPARTMENT procedures. These reports and their due dates shall include, but not be limited to: REPORT DATE DUE A. Expenditure Report and Request The 15th of the month following the for Reimbursement month when expenditures were incurred. B. Semi:Annual Program Activity- Report The 15th of the month following each six-month period in which activities were performed (July- December, January--June). C. Final Expenditure Report Ten days following the close of the CONTRACT period. D. Program Summary Report Fifteen days following the close of the CONTRACT period. The CONTRACTOR shall be obligated to submit required reports after the close of the CONTRACT period, during the transfer of obligations to another CONTRACT, or upon termination of the CONTRACT for any reason. 11. REIMBURSEMENT PROVISIONS A. BILLING PROCEDURES 1 The CONTRACTOR shall submit an Expenditure Report and Request for xP P q Reimbursement form to the DEPARTMENT by the fifteenth (15th) of the Contract\BoderA.EEP.OLSPEC rn f 4 funded in whole or in part with federal funds, the CONTRACTOR and all SUBCONTRACTORS receiving federal funds under this CONTRACT, including but not limited to state and local governments and school districts, shall clearly state: 1) the percentage of the total cost of the program or project which will be financed with federal funds; and 2) the dollar amount of federal funds for the project. B. The CONTRACTOR agrees that any publication written, visual, or sound, but excluding press releases, newsletters, and issue analyses issued by the CONTRACTOR or by any SUBCONTRACTOR describing programs or projects funded in whole or in part with federal funds under this CONTRACT, shall contain the following statement: "This project was supported by a grant from the Safe and Drug-Free Schools and Communities Act of 1994, U.S. Department of Education. Points of view- or opinions contained within this document do not necessarily represent the official position of the U.S. Department of Education." C. The CONTRACTOR agrees that one copy of any such publication will be submitted to the DEPARTMENT to be placed on file and distributed as appropriate to other potential contractors or interested parties. The DEPARTMENT may waive the requirement for submission of any specific publication upon submission of a request providing justification from the CONTRACTOR. 13. EVALUATION AND MONITORING The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this CONTRACT. The DEPARTMENT, the State Auditor, or a representative of the United States Department of Education. or an',, of their representatives shall have full access to and the right to examine during normal business hours and as often as the DEPARTMENT. the State Auditor, or the Department of Education may deem necessary, all of the CONTRACTOR's records with respect to all matters covered in this CONTRACT. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payroll, and records of matters covered by this CONTRACT. Such rights extend for six years from the date final payment is made hereunder. 14. INTERPRETATION OF CONTRACT A. Order of Precedence. In the event of an inconsistency in this CONTRACT, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: ♦ Applicable federal and state of Washington statutes and regulations ♦ CONTRACT FACE SHEET ContmehBodersU.EEP.01SPEC 5 of 6 DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT OFFICE OF COMMUNITY DEVELOPMENT LOCAL GOVERNMENT DIVISION CONTRACT GENERAL TERMS AND CONDITIONS 1. DEFINITIONS As used throughout this CONTRACT, the following terms shall have the meanings set forth below: A. "DEPARTMENT" shall mean the Department of Community, Trade and Economic Development of the State of Washington, any division, section, office, unit or other entity of the DEPARTMENT, or any of the officers or other officials lawfully- representing the DEPARTMENT. B. "CONTRACTOR" shall mean the agency, firm, provider, organization, individual or other entity performing services under this CONTRACT. It shall include any Subcontractor retained by the prime CONTRACTOR as permitted under the terms of this CONTRACT. C. A "SUBCONTRACTOR" shall mean a person or entity who is not an employee of the CONTRACTOR, who is an individual, or other entity performing all or part of the services under this CONTRACT, under a separate written CON-TRACT with the CONTRACTOR. It shall include any SUBCONTRACTOR retained by the prime CONTRACTOR as permitted under the terms of this CONTRACT. The terms - "SUBCONTRACTOR" and "SUBCONTRACTORS" mean SUBCONTRACTOR(s) in any tier. 2. GOVERNING LAVA'AND VENUE This CONTRACT shall be construed and enforced in accordance with. and the validity and performance hereof shall be governed by, the laws of the State of Washington. Venue of any suit between the parties arising out of this CONTRACT shall be the Superior Court of Thurston County, Washington. 3. CONTRACTOR NOT EMPLOYEE. OFFICER. OR AGENT OF AGENCY The CONTRACTOR, and his/her employees or agents performing under this CONTRACT, are not deemed to be employees, officers, or agents of the DEPARTMENT in any manner whatsoever. The CONTRACTOR will not hold himself/herself out as, nor claim to be an officer, employee, or agent of the DEPARTMENT or of the State of Washington by reason hereof and will not make any such applicable claim, demand, or application to or for any right or privilege. Contm Boilers/LEEP.0LGEN 1 of 13 reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes"procedure set forth herein. 9. UTILIZATION OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the State of Washington encourages participation in all of its contracts by Minority and Women's Business Enterprise (MWBE) firms certified by the Office of Minority and Women's Business Enterprises (OMWBE). The CONTRACTOR may contact OMWBE at 360-753-9697 for more information. 10. RELIGIOUS ACTIVITY The CONTRACTOR shall not use any curricula or materials which have anv religious orientation. The CONTRACTOR shall not require participants under this CONTRACT to participate in any religious activity. 11. INDEMNIFICATION The CONTRACTOR agrees that he or she is financially responsible (liable) for any audit exception or other financial loss to the State of Washington which occurs due to the negligence, intentional acts. or failure for any reason, to comply with the terms of this CONTRACT by the CONTRACTOR and/or its agents, employees. SUBCONTRACTORs or representatives. The CONTRACTOR further agrees to protect, defend and save the State, its elected and appointed officials, agents and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands and causes of action of anv land or character, including the cost of defense thereof arising in favor of the CONTRACTOR's employees or third parties on account of bodily or personal injuries, death. or damage to property or any other liabilivy arising out of services performed or omissions of services or in any way resulting from the acts or omissions of the CONTRACTOR and/or its agents, employees, SUBCONTRACTORs or representatives under this CONTRACT. The CONTRACTOR is responsible for ensuring that any SUBCONTRACT(s) include a comprehensive indemnification clause holding harmless the CONTRACTOR, the DEPARTMENT, and the State of Washington. The CONTRACTOR waives his or her immunity under Title 51 RCW to the extent required by this clause. 12. LIABILITY INSURANCE The DEPARTMENT assumes no liability with respect to bodily injury, illness, accident, theft, or any other damages or losses concerning persons or property, or involving the CONTRACTOR's equipment or vehicles. The CONTRACTOR is responsible for providing Contract/Boikrs/LEEP OLGEN 3of13 13. WORKER'S COMPENSATION COVERAGE The CONTRACTOR shall provide or purchase workers' compensation insurance coverage prior to performing work under this CONTRACT. The DEPARTMENT will not be responsible for payment of workers compensation insurance premiums or for any other claim or benefit for a consultant, or any SUBCONTRACTOR or employee of the CONTRACTOR, which might arise under the workers compensation laws during performance of duties and services under this CONTRACT. The CONTRACTOR will at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable. Such workers' compensation and occupational disease requirements shall include coverage for all employees of the CONTRACTOR, and for all employees of any SUBCONTRACT retained by the CONTRACTOR, suffering bodily injury (including death) by accident or disease, which arises out of or in the connection with the performance of the CONTRACT. Satisfaction of these requirements shall include, but shall not be limited to: A. Full participation in any required governmental occupational injury and /or disease insurance program. to the extent participation in such program is mandatory in any jurisdiction. B. Purchase of workers' compensation and occupational disease insurance providing benefits to employees in full compliance with all applicable laws, statutes, and regulations, but only to the extent such coverage is not provided under a mandatory government program as in 1. above, and/or, C. Maintenance of a legally permitted and governmentally approved program of self- insurance for workers' compensation and occupational disease. Except to the extent prohibited by law, the program of CONTRACTOR's compliance with workers' compensation and occupational disease laws, statutes, and regulations in A., B.. and C.. above shall provide for a full waiver of right of subrogation against the DEPARTMENT, its directors. officers and employees. If the CONTRACTOR, or any SUBCONTRACTOR retained by the CONTRACTOR fails to effect and maintain a program of compliance with applicable workers' compensation and occupational disease laws. statutes, and regulations and the DEPARTMENT incurs fines or is required by law to provide benefits to such employees, or to obtain coverage for such employees, the CONTRACTOR will indemnify the DEPARTMENT for such fines, payment of benefits to CONTRACTOR or SUBCONTRACTOR employees or their heirs or legal representatives, and/or the cost of effecting coverage on behalf of such employees. , Any amount owed to the DEPARTMENT by the CONTRACTOR pursuant to the indemnity may be deducted from any payments owed by the DEPARTMENT for performance of this CONTRACT. ContracVBo ilcm/LEEP.0 LGEN 5of13 insurance. At its option, the DEPARTMENT may waive this requirement where insurance carriers will not under any circumstances extend secondary insured coverage for physicians' professional liability, or architects' and engineers' insurance. The DEPARTMENT may also waive this requirement where insurance carriers will not under any circumstances extend secondary fidelity bonding coverage for private nonprofit organizations. 16. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or agency has been employed or retained on a contingent fee for the purpose of seeking or obtaining this CONTRACT. This does not apply to legitimate employees or an established commercial or selling agency maintained by the CONTRACTOR for the purpose of securing business. In the event of breach of this clause by the CONTRACTOR, the DEPARTMENT may at its discretion: A. Rescind the CONTRACT without any liability; or B. Deduct from the CONTRACT price or consideration or otherwise recover the full amount of any such contingent fee. 17. PROGRAM INCOME Program income generated by interest-bearing accounts or otherwise under this CONTRACT shall be used for operational expenses not included in the total approved budget. IS. CONFLICT OF INTEREST The DEPARTMENT may, by written notice to the CONTRACTOR: A. Terminate this CONTRACT if it is found after due notice and examination by the DIRECTOR that there is a violation of Chapter 42.52 RCW, Ethics in Public Service, or any similar statute involving the CONTRACTOR in the procurement of or performance under this CONTRACT. B. In the event this CONTRACT is terminated as provided in (1) above, the DEPARTMENT shall be entitled to pursue remedies against the CONTRACTOR for breach of the CONTRACT by the CONTRACTOR. The rights and remedies of the DEPARTMENT provided for in this section are in addition to any other rights and remedies provided by law. Any determination made by the DEPARTMENT under this clause may be reviewed as provided in the "Disputes" clause of this CONTRACT. Conwact/Bo lers/LEEP.OI.GEN 7of13 received when value of the CONTRACT is expected to exceed S5,000. Prior approval requests shall include: a copy of the proposed CONTRACT, any related procurement documents, and justification for noncompetitive procurement, if applicable. 21. NONASSIGNABILITY Neither this CONTRACT, nor any claim arising under this CONTRACT, shall be transferred or assigned by the CONTRACTOR. 22. RIGHTS IN DATA Unless otherwise provided, data that originates from this CONTRACT shall be made "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the DEPARTMENT. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs. films, tapes and/or sound reproductions. Ownership includes the right to copyright, patent, and register, and the ability to transfer these rights. Data which is delivered under this CONTRACT, but does not originate from it, shall be transferred to the DEPARTMENT with a non-exclusive, royalty-free, irrevocable license to publish, translate, reproduce, deliver, perform, and dispose of, and authorize others to do so, Provided that such license shall be limited to the extent which the CONTRACTOR has a right to grant such a license. The CONTRACTOR shall exert all reasonable effort to advise the DEPARTMENT, at the time of delivery furnished under this CONTRACT, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this CONTRACT. The DEPARTMENT shall receive prompt written notice of each notice or claim of copyright infringement received by the CONTRACTOR with respect to any data delivered under this CONTRACT. The DEPARTMENT shall have the right to remove any restrictive markings placed upon the data by the CONTRACTOR. 23. RECAPTURE PROVISION In the event the CONTRACTOR fails to expend funds in accordance with state law or the provisions of this CONTRACT, the DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of the noncompliance. Such right of recapture shall exist for a period not to exceed six (6) years following termination of this CONTRACT. Repayment by the CONTRACTOR of funds under this recapture provision shall occur within thirty (30) days of demand. ContmctBoilcrs/L.EEP.O I.GEN 9of13 of a member of Congress in connection with this CONTRACT, the CONTRACTOR shall complete and submit Standard Form - III, "Disclosure Form to Report Lobbying," in accordance with its instructions. • C. The CONTRACTOR shall require that the language of this certification be included in the CONTRACT language for all SUBCONTRACTS at all tiers and that all SUBCONTRACTORS shall certify and disclose accordingly. 29. POLITICAL ACTIVITIES PROHIBITED No funds may be used in working for or against ballot measures or for or against the candidacy of any person for public office. 30. DISPUTES Except as otherwise provided in this CONTRACT, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either part may request a dispute hearing. The parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by the DEP.ARTINM 'T. a representative appointed by the CONTRACTOR, and a third party mutually agreed upon b-, both parties. The team shall attempt. by majority vote, to resolve the dispute. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. 31. LEGAL PROCEEDINGS In the event the DEPARTMENT i req uired qutred to institute legal proceedings to enforc., any provision of this CONTRACT, and is the prevailing party, the DEPARTMENT_ shall be entitled to its costs thereof, including reasonable attorneys' fees. This CONTRACT shall be soverned by the laws of the State of Washington. In the event of a lawsuit involving this CONTRACT, venue shall be proper only in Thurston County. The CONTRACTOR by execution of this CONTRACT, acknowledges the jurisdiction of the State of Washington in this matter. 32. TERMINATION OF CONTRACT A. If, through any cause, the CONTRACTOR shall fail to fulfill in a timely and proper manner its obligations under this CONTRACT, or if the CONTRACTOR shall violate any of the covenants, agreements, or stipulations of this CONTRACT, the DEPARTMENT shall thereupon have the right to terminate this CONTRACT and withhold the remaining allocation if such default or violation is not corrected within thirty (30) days after submitting written notice to the CONTRACTOR describing such default or violation. Conaw Boilers/LEEP.0 LGEN 11 of 13 which are auditable. The CONTRACTOR shall be responsible for any audit exceptions incurred by its own organization or that of its SUBCONTRACTORs. The DEPARTMENT reserves the right to recover disallowed expenditures. D. The audit of the CONTRACTOR's shall be conducted b the Office of the • program Y State Auditor if the CONTRACTOR is a state or local gove,-.went entity, or an independent Certified Public Accountant firm selected by t. :ONTRACTOR if the CONTRACTOR is not a state or local government entity. E. The CONTRACTOR must prepare a Schedule of Financial Assistance for federal and state funds that includes: grantor name, program name, federal catalog (CFDA) number, grantor contract number, total award amount, beginning balance, current year revenues, current year expenditures and ending balance. F. The CONTRACTOR shall maintain its records and accounts in such a wav as to facilitate the DEPARTMENT's audit requirements, and ensure that SUBCONTRACTORs also maintain records that are auditable. The CONTRACTOR is responsible for any audit exceptions incurred by its own organization or that of its SUBCONTRACTORS. The DEPARTMENT reserves the naht to recover from the CONTRACTOR disallowed costs resultina from the final audit. v G. The CONTRACTOR shall be responsible for sending three (3) copies of the audit report to the DEPARTMENT as soon as it is available, but no later than thirteen months after the end of the CONTRACTOR's fiscal year. H. The CONTRACTOR will respond to DEPARTMENT requests for information or corrective action concerning audit issues within 30 days of the date of request: and I. The CONTRACTOR shall include audit requirements one through six above In all SUBCONTRACTS. As applicable. costs of the audit are an allowable expenditure. 36. SPECIAL PROVISION The DEPARTMEN'T's failure to Insist upon the strict performance of any provision of this AGREEMENT or to exercise any right based upon breach thereof or the acceptance of any performance during such breach. shall not constitute a waiver of any right under this AGREEMENT. 37. CERTIFICATION REGARDING DEBARMENT. SUSPENSION OR INELIGIBILITY If federal funds are the basis for this CONTRACT, the CONTRACTOR certifies that neither it nor its principals are presently debarred, declared ineligible, or voluntarily excluded from participation in transactions by any federal department or agency. ConuwtBoilers/LEEP 01 GEN 13 of 13 Kent .City Council Meeting Date September 4, 20 11 Category Consent Calendar 1 . SUBJECT: FY2001 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEGB) - ACCEPT 2 . SUNIIKARY STATEMENT: Accept the FY2001 Local Law Enforcement Block Grant (LLEBG) award, approve the City match amount and establish budget. The Department of Justice, Bureau of Justice Assistance has notified the Kent Police Department that our application for grant funding through the LLEBG has been approved. KPD plans to allocate this funding to support the accreditation of the City of Kent Corrections Facility (CKCF) through the American Correctional Association. The KPD has learned that specially assigned staff is necessary to the establishment and maintenance of agency accreditation through the national law enforcement accreditation process. The assigned personnel require the technical expertise to understand how the required standards incorporate into the CKCF operations. ' The FY2001 LLEBG grant will fund existing corrections officers ' overtime and equipment . The accreditation process will take the majority of the two year grant period. The KPD total award amounts to $81, 310. 00, with, a City match of $9, 034 . The grant project total is $90, 344 . The City match will be pulled from the existing police department budget. We have 45 days to accept this award and 90 calendar days to complete the Request for Drawdown. 3 . EXHIBITS: Dept. of Justice, Bureau of Justice Assistance, and notification of award dated 7/25/01 4 . RECOMMENDED BY: (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 FY 2001 Local Law Enforcement Block Grants Program Kent City, WA Application Award RFD Grant Changes Reports Correspondence ISwitch t0 ... ation Handbook Message Created: 25-JUL-01 New Mail Old Mail From: olp@olp.usdol gov CC: Sent Mail Subject: Award Approval Notification. Message: Congratulations!Your Award for the FY 2001 Local Law Enforcement Block Grants Send an Email (LLEBG)Program has been approved by the Bureau of Justice Assistance (BJA) You have 45 calendar days from the date on your Award to review and accept this Award. All Awards not accepted within this 45 day period will be deobligated and funds will be redistributed among FY 2002 eligible applicants during the next LLEBG funding H.-'PTreguenthv asked cycle Questions To accept your award, go to B , ;10111: http//grants.olp usdoj.gov 8003/gms/pisgl/llebg_login.11ebg main and log on using your user id and password Lot-Off' You have 90 calendar days from the date on your Award to submit your Request for Drawdown Any funds not drawn down within this 90 day period will be deobligated and funds will be redistributed among FY 2002 eligible applicants during the next LLEBG funding cycle Again, please do not reply directly to this message as your reply will not reach us ttps:!/grants.ojp.usdoj.gov:8004/gms_user/plsgl/llebg_app.show_mail?p_note=55873&p_bgid=3 8/6/200 LLEBG FY2001 City of Kent Corrections Facility Accreditation Project The Kent Police Department (KPD) plans to apply for accreditation for the City of Kent Corrections Facility (CKCF) through the American Correctional Association (ACA). The police department Accreditation Officer Brian Harvey and Corrections Lieutenant Curt Lutz have reviewed the standards required for ACA accreditation. While this will be a challenging undertaking, we helieve we can obtain ACA accreditation for the CKCF. We plan to draw on the expertise of our current police department accreditation staff and CKCF staff. The police department obtained its accreditation through the Commission of Amencan Lai- Enforcement Agencies (CALEA) in 1993. KPD is currently one of seven Washington State law enforcement agencies that are nationally accredited. Our current accreditation team participates in the Northwest Police Accreditation Coalition (NWPAC). NWPAC members perform mock assessments on each other's agencies to prepare for the formal national re-accreditation assessment. KPD successfully completed its 1999 re-accreditation assessment and is preparing for another assessment this fall. We realize that CKCF staffing is critical to the success of the CKCF accreditation project, just as police officer staffing is critical to maintaining the CAL EA standards. CKCF officers will assist the current accreditation staff to develop CKCF specific standards to comply with the required ACA standards. We realize that we will need the accreditation police officer and CKCF officers to work overtime to accomplish this feat due to current staffing constraints at thejail. We currently have three vacancies that we are hiring to fill. These new officers will require academy and extended on the job training before they are prepared to fulfill their position duties and responsibilities Office equipment will be necessary in addition to officer overtime We expect this will include a personal computer, printer, file cabinets, necessary supplies and notebooks. The ACA, in partnership with the American Jail Association, provides training seminars for the accreditation process It will be necessary to send employees involved in the accreditation process to attend these seminars on a regular basis. They will not only learn the ACA process and program, but they will also meet other agency representatives to develop lines of communication and resources. There are currently no municipal agencies in the state that are accredited with ACA. In order to evaluate and create a records system for CKCF, it will be necessary to send the accreditation team to some of the accredited municipal agencies so they can experience and visualize a program that is currently accredited. The preparation for the ACA accreditation process takes 12-18 months. An ACA accreditation is valid for three years. During these three years, agency accreditation staff must constantly review standards and collect proofs to ensure compliance. These ongoing activities prepare the agency for a smooth re-accreditation process. Kent. City Council Meeting Date September 4, 2001 Category Consent Calendar 1 . SUBJECT: 2002-2007 CAPITAL IMPROVEMENT PLAN - SET DATE FOR SECOND PUBLIC HEARING 2 . SUMMARY STATEMENT: Set September 18, 20'01 as the second public hearing date for the 2002-2007 Capital Improvement Plan. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Finance Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO 'X YES i 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G f Kent; City Council Meeting Date` September 4, 2001 Category Consent Calendar 1 . SUBJECT: PARK PLACE APARTMENTS BILL OF SALE - ACCEPT 2 . SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Bill of Sale for Park 'Plage Apartments submitted by Park Place' 1998, LLC for continuous operation and maintenance of 453 feet of watermain, 35 feet,,of sanitary sewer, 796 feet of storm sewer and 706 feet of ,street improvements . Bonds are to be released after the one-year expiration period. This project is located; at 1406 Maple Lane. • 3 . EXHIBITS: None 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FONDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H Kent !City Council Meeting Date ' Se2tember_4, 2OQl Category ,C�onsent Calendar 1 . StMJ'ECT: WENDY'S TEXACO BILL OF SALE - ACCEPT 2 . SUNHARY STATEMENT: As recommended by the Public Works Director, accept the Bill of Sale for Wendy' s/ Texaco submitted by Wendy' s International, Inc. /Trimark LLC, ' for continuous operation and maintenance of 235 feet of water-main and 410 feet of sanitary sewer. Bonds are to be released after the one-year expiration period. This project is located at 6331 South 212th Street. 3 . EXHIBITS: None 4 . -RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED .FISCAL/PERSONNEL IMPACT: NO YES 6. ' EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember', seconds DISCUSSION: ACTION• Council Agenda Item No. 6I Kent _f it} ' Council Meeting h Date ,- ,,- �3erptember 4_, ?.00 ° 'i r Category Consent Calendar 1 . SUBJECT: WALGREEN' S STORE NO. .6304 BILL OF SALE - ACCEPT 2 . SUMMARY STATEMENT: As recommended by the; Public Works Director, authorization to accept the Bill of Sale for Walgreens Store #6304 submitted by Walgreens for continuous operation and maintenance of 665 feet of street improvements . Bonds to be released after the one-year expiration period. This project is located at S. 272nd Street & 132nd Avenue Southeast . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember ! seconds DISCUSSION: ACTION: Council Agenda Item No. 6J t , KenttjCity Council Meeting -� Date September 4, 20,01 Category Other Busing 8 1 . SUBJECT: DEMARCO ANNEXATION ZONING 2 . SUMMARY STAT=43NT: On August 21, 2001,- ,the City Council held the second of two public hearings on the DeMarco Annexation area initial zoning and comprehensive, plan amendment. The first hearing was July 17,` 2001. Tonight the City Council will be considering the recommphdatzon of the Land Use and Planning Board which held a public, hearin' g on both the annexation zoning map amendments and the co*pr-ehensive plan amendments for the DeMarco Annexation area . on May 21, 2001. The Board' s recommendation is included in the City Council 's packet. 3. EXHIBITS: Current- staff memo of August 28-,r2001 and attachment, of Alternative one; City Council Minutes of .4ugust 21 and July 17, 2001; Land Use and Planning Board minutes of May 21,, 2001, and Staff report dated May 14, 2001 4 . RECOMMENDED BY: Land Use and Planning Board; (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE of FONDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to /modify the Land Use a d Manning Board's recommendation for the DeMarco Annexation Aitial and compre- hensive plan amendment I#AZ-2001-1/#CPA- 001-1) ; and to direct the City Attorney to prepare the ordi ce. . DISCUSSION: ACTION: Council Agenda Item No. 7A COMMUNITY DEVELOPMENT Fred Satterstrom, AICP, Acting Community Dev. Director • PLANNING SERVICES KEN T Charlene Anderson,AICP,Acting Manager W A S H I N O T O N Phone:253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent,WA 98032-5895 August 28, 2001 TO: MAYOR JIM WHITE, COUNCIL PRESIDENT LEONA ORR AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON, AICP, ACTING PLANNING MANAGER RE: DEMARCO ANNEXATION#AZ-2001-1/#CPA-2001-1 (KIVA#2011034) INITIAL ZONING AND COMPREHENSIVE PLAN AMENDMENT LAND USE & PLANNING BOARD RECOMMENDATION Attached is the Land Use & Planning Board's recommendation on initial zoning and Comprehensive Plan amendment for the DeMarco Annexation area. The Land Use & Planning Board conducted a public hearing on these matters on May 21, 2001. At the May 21" public hearing, the Board received public testimony and was asked to consider four alternatives for the annexation area. These alternatives are mapped and described in the staff report to the Board dated May 14, 2001. After considering the public testimony and staff report, the Board is recommending zoning and land use plan map Alternative One. According to City ordinance, the City Council held two hearings on the proposed zoning, which also includes consideration of the Comprehensive Plan Land Use Map. The first hearing was held on July 17, 2001, and the second hearing was held on Au ust 21, 2001. The Council postponed making a decision on this issue until their September 4t meeting. Planning Services staff will be available at the Council meeting to further explain the recommended zoning and land use plan designations and answer any questions regarding the DeMarco Annexation area. CA\pm S\Permit\Plan\ANNEXATIONS\2001\2011034-2001-Icc4.DOC Attachments: Minutes of 5/21/01 Board meeting Staff report dated 5/14/01 Minutes of 7/17/01 &8/21/01 Council meetings • l � � l t � ■ ;ri AM 'moo Run CUB aA Em jffl:F _. �IM . 1, - � mil.^r."+• -_ -1 Amr+' , rl Affid MEN mug mm thl FIB Ell :-•�• Via- n� C R� '3��',,� L�a� OXMs,: p • _ o .1 � �d�-D�� G- rim Ins 170 Emu I NMI MUM JIM LA R M •��� � r s QR nQ a Q Kent City Council Minutes August 21, 2001 COMMUTE TRIP REDUCTION the City Attorney, as recommended by the Public Works Committee . ANNEXATION ZONING (PUBLIC HEARINGS - ITEM 5B) DeMarco Annexation Zoning and Comprehensive Plan Amendment AZ-2001-1 and CPA-2001-1, Second Hearing. On May 21, 2001, the Land Use and Planning Board held a public hearing on both the annexation zoning map amendments and the comprehensive plan amendments for the DeMarco Annexation area . This is the second of two public hearings before the Council; the first was held on July 17 , 2001 . Council President Orr announced that, due to the absence of several Council members, action will not be taken tonight, but it is anticipated that action will be taken at the September 4th Council meeting. Brotherton emphasized that the public hearing is tonight, not on September 4th . Orr added that input from tonight ' s hearing will be included in the next agenda . Charlene Anderson of Planning Services displayed a map of the area and explained the Land Use and Planning Board ' s recommendation . She added that there are wetlands on the inventory, and reviewed the zoning history of the parcels . Mayor White then opened the public hearing. Kevin Joyce, 11858 SE 236th, expressed concern about the wetlands, wildlife, overcrowded schools, vacant commercial buildings and traffic congestion . He urged the Council to retain single family zoning, with six units per acre . Ted Nixon, 911 Temperance Street, proposed having 200 townhouse units, a shopping center, and a park in the area . He provided reports from the Sierra Club on urban sprawl, population control and urban densities, as well as a layout of the proposal . He said the Council should demand a model for high density neighborhoods with convenience stores, parks and a viable transit system. He then requested that they consider not only maintaining existing zoning but rezoning the existing BN as CC, the multifamily to MRT-16, and the parcel north of the BN zoning to MRT-16, 4 Kent City Council Minutes August 21, 2001 ANNEXATION ZONING in order to enhance the potential for a centralized park rather than a park at the perimeter of the community. Don Huling, 12320 SE 235th, submitted a letter express- ing the residents ' hope that annexing to 'the City of Kent would result in a reduced risk of up-zoning, and that their concerns would be heard. Kathy Withem, 12346 SE 236th, voiced concern about high density zoning and requested SR6 zoning. Julie Reece-DeMarco, 13004 SE 234th Street, voiced concern about increased traffic and speeds and about the safety of children in the area . She said that many commercial services are available within a five minute walk, and that another commercial property is not needed. There were no further comments from the audience and ORR MOVED to close the public hearing . Clark seconded and the motion carried. ORR MOVED to make all of the materials received tonight, as well as letters from Frederick Mendoza, Brad and Gina Martin, Julie Reece-DeMarco and Sandra Mathews, a part of the record. Clark seconded and the motion carried. COMMUNITY DEVELOPMENT BLOCK GRANT (CONSENT CALENDAR - ITEM 6C) 2002 Community Development Block Grant Program. APPROVE the proposed Community Development Grant Program, estimated at $582, 231 . 00 and based on the U . S . Department of Housing and Urban Development (HUD) proposed 2002 budget, as recommended by the Parks Committee . COUNCIL (CONSENT CALENDAR - ITEM 6F) (REMOVAL AT THE REQUEST OF COUNCILMEMBER ORR) Election Information Video. Resolution No. 1544 established policies and procedures relating to election video broadcasts, but since the position of Municipal Court Judge is now an elected position, it is necessary to include this position in the election video broadcasting. 5 w Kent City Council Minutes July 17,-2001 ANNEXATION ZONING (PUBLIC HEARINGS - ITEM 5A) DeMarco Annexation Zoning, First Hearing. On May 21, 2001, the Land Use and Planning Board held a public hearing on both the annexation zoning map amendments and the comprehensive plan amendments for the DeMarco Annexation area. This is the first of two public hearings to be held; the second is scheduled for August 21 . 1 Acting Community Development Director Satterstrom dis- played a map of the area and noted that most of it is residential, with the exception of the corner of 116th and 240th which the Board recommended NCC (Neighborhood Convenience Commercial) , and the area east of that running down to 120th which was recommended MRT16 . He explained that MRT zoning only allows condominiums, and that 16 would be the maximum density. He noted receipt of letters from Dan and Kathy Withem and from Brad and Gina Martin on this issue. ORR MOVED to make those letters part of the record. Clark seconded and the motion carried. The Mayor declared the public hearing open. Greg Nick, 11660 SE 234th, questioned whether the R6 zoning would be changed. Kevin Joyce, 11858 SE 236th Street, submitted a stack of letters and some photos, and said the home- owners within or adjacent to the DeMarco Annexation are adamantly opposed to the four proposed alternatives pertaining to zoning. He said their concerns are school overcrowding, traffic congestion, wetlands, and adverse affect to surrounding land values . He said the Lotto, Toppano and Teters properties seem to be given maximum financial benefit without regard to the adverse affect to the other properties and issues . He proposed that the East Hill Nursery zoning be maintained and that all other properties maintain SR6 or less zoning. Fred Mendoza, 555 West Smith St . , representing the owners of East Hill Nursery, explained that the owners had petitioned King County to change the zoning designation to a commercial designation to be consistent with its current use, which was accomplished in 2000 . He noted that the City has a close equivalent which is NCC and requested that the f\ zoning be retained as commercial . He stated that placing neighborhood-oriented small businesses in this area would 4 Kent City Council Minutes July 17; 2,001 ANNEXATION ZONING be beneficial to the neighborhood and would likely decrease traffic. Mendoza added that he will present a letter to the City Clerk' s Office before the next Council meeting. Julie DeMarco, 13004 SE 234th, stated that residents have seen commercial buildings in the area sit vacant for years and seen drivers speed through the neighborhood to avoid traffic. She said the decision of 'the Land Use and Planning Board does not reflect the feelings of the community and asked that the Council either give the area a single family density or give it the least density townhome designation. Jean Lambert, 12451 SE 235th Street, said their concerns about increased density, increased traffic and increased vandalism have not changed. She urged the Council to consider keeping owner-occupied townhomes, and keeping the density as low as possible. Bob Fuchs, 12125 SE 236th, voiced concern about traffic near the school and said speed bumps may be needed. He also said density would mean more children attending the school and that it is already saturated. Ted Kogita, 25227 Reith Road, said traffic on Military Road is so slow that people are using side roads to avoid it, which is dangerous for the residents. Diana Banksend, 12401 SE 235th, submitted traffic reports from King County regarding traffic volumes and speeds . Don Huling, 12320 SE 235th, reiterated that residents want low density. There were no further comments from the audience and ORR MOVED to close the public hearing. Clark seconded and the motion carried. Satterstrom explained that the density which the Land Use and Planning Board is proposing is very similar to what the County zoning was, and pointed out that the major difference is that in the City single family houses must be detached and that the County allows units to be attached in a townhouse configuration. In regard to multifamily, Satterstrom said the Land Use and Planning Board' s recommendation is 16 units per acre density with condominiums only and the County' s was 18 units per acre density with no stipulation as to condominium or apartment . 5 Kent City Council Minutes July 19, 2001 ANNEXATION ZONING ORR MOVED to make all of the documents received a part of the public record. Clark seconded and the motion carried. PLAT (CONSENT CALENDAR - ITEM 6H) Hillside Manor Final Plat (FSU-96-26/KIVA #2010868) APPROVAL of the Hillside Manor Final Plat with condi- tions and authorization for the Mayor to sign the final plat mylar. This final application was submitted by Baima & Holmberg Inc. The Hearing Examiner issued the Findings with conditions on the preliminary plat on April 2, 1997 . Based upon a Plat Alteration filed by the applicant, new Findings with conditions were issued by the Hearing Examiner on November 22, 2000 . AGRICULTURAL LAND MORATORIUM (OTHER BUSINESS - ITEM 7B) Agricultural Land Moratorium The Land Use and Planning Board is reviewing land use policies related to agricul- tural lands with the zoning designations of Agricultural (Al) and Agricultural General (AG) . During this review _ period, it is possible that the City could receive applications for subdivisions or short plats or other similar applications, including rezones, which would significantly increase the number of lots and/or the density of the current agricultural lands, defeating the purpose of the agricultural land policies . Therefore, a moratorium is recommended for such land use applications on agricultural lands designated Agricultural (A-1) and Agricultural General (AG) until additional review and j analysis has been completed by the Land Use and Planning I Board and the City Council . Satterstrom predicted that the Land Use and Planning Board would have a proposal in about four months. Lubovich noted that if passed tonight, the moratorium goes into effect immediately and a hearing would have to be held within 60 days. He also explained which lots would be affected. BROTHERTON MOVED to pass Resolution No. 1599 which 4 i establishes a six-month moratorium on the acceptance of applications for subdivisions or short plats or other 6 COMMUNITY DEVELOPMENT Fred N. Satterstrom,Acting Community Dev: Director PLANNING SERVICES • Charlene Anderson,AICP,Acting Manager K E N T Phone:253-856-5454 W A.S M I M O T O M Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent,WA 98032-5895 LAND USE & PLANNING BOARD MINUTES PUBLIC HEARING May 21,2001 The meeting of the Kent Land Use and Planning Board was called to order by Chair,Terry Zimmerman at 7:30 p.m. on Monday,May 21, 2001 in Council Chambers of Kent City Hall. LAND USE &PLANNING BOARD STAFF MEMBERS PRESENT MEMBERS PRESENT Terry Zimmerman, Chair Fred N. Satterstrom,AICP,Acting Conan Dev.Dir. Brad Bell Charlene Anderson,AICP,Acting Planning Mgr. Steve Dowell Kim Adams-Pratt,Asst. City Attorney Jon Johnson Pamela Mottram,Administrative Secretary 0d Malik LAND USE &PLANNING BOARD MEMBERS ABSENT Sharon Woodford, Vice Chair(Excused) Ron Harmon(Excused) APPROVAL OF MINUTES David Malik MOVED and Steve Dowell SECONDED to approve the minutes of April 23, 2001. Motion carried. ADDED ITEMS TO THE AGENDA Acting staff role changes will be discussed. COMMUNICATIONS None NOTICE OF UPCOMING MEETINGS None #AZ-2001-1 DEMARCO ANNEXATION Acting Planning Manager, Charlene Anderson stated that the DeMarco Annexation area is located on the northeast corner of the intersection of 116th and 240th. She stated that the exation area consists of approximately 267 acres on .42 square miles with an estimated Wulation of 770 people. Ms. Anderson stated that staff has reviewed the comprehensive plan and zoning designations by King County. She stated that King County recently rezoned an 8-acre parcel on the comer of 116th and 240th, from Multifamily (R18) to Neighborhood Business with a Commercial comp plan designation. Land Use and Planning Board Minutes May 21,2001 Page 2 Ms. Anderson stated that some of the proposed zoning alternatives include adopting the current King County zoning designations. She stated that King County has a eider range of comp plan designations compared to the City of Kent's comp plan designations. tics. Anderson cited that King County has designations ranging from 4 to 12+tinits per acre and the City of Kent does not have those comp plan designations in that we go up to 8 units per acre or multifamily. Ms. Anderson stated that her preliminary report of sensitive areas in the proposed DeMarco Annexation area include Upper Garrison Creek, Clark Lake outlet,North Meridian Valley Creek, as well as wetlands defined with the creek designations. Ms. Anderson stated that staff considered these sensitive areas when they defined zoning and comp plan options for this annexation area. Ms. Anderson defined the difference between zoning and comp plan designations in that the comp plan is a twenty-year vision of the community for what zoning or land use applications might be applied throughout Kent and our potential annexation area. She stated that the implementation of that vision is zoning. Ms. Anderson stated that if building were to occur at a particular site, the zoning is what governs the use on the property. Ms.Anderson cited the following proposed zoning alternatives by planning staff. Alternative One zoning proposal retains King County's commercial designation. Kent's closest commercial designation is Neighborhood Convenience Commercial with a Townhouse zoning (MRT-16).for the two parcels adjacent to that. Ms. Anderson stated that the remainder of the property is zoned single family residential. She stated that the single family designated property t is all detached single family residential in Kent whereas King County allows attached single family residential. Alternative Two zoning proposal changes the commercial designation at the Kent East Hill Nursery site to MRT-16 as shown in the City of Kent's 1994 comprehensive plan. Ms. Anderson stated that Kent's comprehensive plan land use map designation mimics King County's comp plan designation in effect at the time of the adoption of Kent's Comprehensive Plan in 1994. This alternative indicates Multifamily Townhome designations at the corner and either 4.5 or 6 units per acre single family for the remaining area. Alternative Three zoning proposal places multifamily townhomes next to commercial at the corner, with the entire remaining area designated six dwellings units per acre. Ms. Anderson stated that Neighborhood Services replicates the closest comprehensive plan land use designation to King County's at the corner, with Low-Density Multifamily where the MRT- 16 is proposed. She stated that Kent would apply a comp plan designation of single family, six units per acre for the remainder of the area. Alternative Four zoning proposal designates the three properties.at the northeastern corner of the SE 240thJ116th Avenue intersection as MRT-16, with the remainder of the annexation area as Single Family Residential, six dwelling units per acre. Jon Johnson MOVED and David Malik SECONDED to open the Public Hearing. Motion carried. Tony Arnoni, 15861 132nd Place SE, Renton, WA 98058 stated that he supports staffs recommendation for Alternative One,which supports townhouse development. Land Use and Planning Board Minutes May 21,2001 Page 3 y ichael Lotto, 11644 SE 240th St., Kent, WA stated that he owns four parcels within the• annexation area including 7.92 acres on the northeast corner of 116th and 240th, currently zoned commercial. Mr. Lotto stated that 2.9 acres located adjacent to the north, currently is zoned R-6, and he would like this property upzoned to R-16. Mr. Lotto further stated that he owns 8 acres east of the corner lot and 4.76 acres northeast of the corner lot. He stated that he has owned a commercial nursery in this area for 15 years. Mr. Lotto stated that he is negotiating with a buyer for the commercial portion of his property to develop a Neighborhood Commercial project. Mr. Lotto stated that he is negotiating with Gary Young of Polygon Homes on 15.5 acres of his property for a condominium project. Mr. Lotto urged the Board to consider Alternative One. Lena Teter, 23607 120th Ave SE, Kent, WA stated that she owns 4.76 acres within the DeMarco Annexation area. She stated that her southern property line adjoins the Lotto property and her northern property line stops at the private road,which would be 236th if it were extended. Ms. Teter stated that her western property line coincides with the western property line of the proposed MRT-16 zoning of the Lotto property. She stated that the eastern line of her property fronts on 120th Avenue Southeast. Ms.Teter urged the Board to consider rezoning her property to MRT-12 as it would be a suitable transition between the MRT-16 zoning and•the zoning in the neighboring residential area. She 0e tated that MRT-12 zoning would allow a developer to create a nicer project with more flexibility working with wetlands, open space, greenbelts, ingress and egress especially for emergency hicular access. Ms. Teter stated that she has made initial contact with a well-known builder and reputable developer in considering a townhome project for her property. Karen Ramus, 12322 SE 238th PL,Kent,WA 98031 stated that she owns a home on one acre. She voiced concern that existing neighborhoods need protection from traffic flow through the existing residential areas if condominium home sites are developed near existing residential areas. Gary Young, 11624 SE 5th, Suite 200, Bellevue, WA 98005 stated that he is employed as a builder with Polygon. Mr. Young spoke in favor of transitional zoning reiterating his concurrence with the testimonies of property owners Mr. Lotto and Mrs.Teter. Mr. Young stated that a stream runs diagonally through both Mr. Lotto and Mrs. Teters' properties. He stated that the ideal design for development of this land would be to combine the properties in order to provide adequate emergency vehicular access and efficient flow of traffic flow through the neighborhood. Mr.Young stated that Mr. Lotto is requesting retention of his commercial property use. He stated that it would be beneficial to include transitional zoning such as MRT-12, which would provide the flexibility to develop lower density condominium projects on the Lotto and Teter properties. *&.Young stated that property constraints consist of sensitive areas,wetlands,slopes and grades. He stated that in zoning these properties MRT-12, it would allow flexibility for density Land Use and Planning Board Minutes May 21,2001 Page 4 transitioning as well as provide an opportunity for a more efficient) designed, lower density P Y � tY townhome project. Mr. Young stated that MRT-12 zoning would provide acceptable buffering along the areas adjacent to existing single family residential areas and create acceptable separation between uses. Jean Lambert, 12451 SE 235th, Kent, WA 98031 stated that she lives in Meridian Villa located within the proposed annexation area. Ms.Anderson in response to Ms.Lambert, clarified that Alternative#4 proposes MRT-16 zoning. Ms. Lambert voiced concern with increasing vehicular traffic in the annexation area and the safety issues that accompany the increase in traffic flow. Ms. Lambert stated that the annexation area consists primarily of single family homes with the exception of the Single Creek townhomes. She encouraged staff to consider developing this land as single family residential in view of the fact that school facilities are at maximum capacity with current student populations. Ms. Lambert voiced support of Alternative#4 as she-felt this option would minimize density and maximize a single-family residential environment. Mr. Dowell questioned if Ms. Lambert actually desired to see the corner property zoned R-16 as he felt this zoning would intensify not minimize density, stating that Commercial pre-exists on that corner and is best suited for that property. Ms. Lambert said that even thought R-16 is not her first choice it is a realistic zoning for development of that area. She stated that higher density development should be placed along the main thoroughfare of 240th and not within existing residential areas. r Mr. Dowell debated the validity of Neighborhood Convenience Commercial (NCC) ver asMRT 16 zoning at the corner section of the proposed annexation property. He stated that implementing MRT-16 zoning would create greater densities than NCC as only forty percent of NCC property can be developed. " I Ms.Lambert stated that although she would prefer a lower density zoning in the area, the addition of commercial development would detract from the residential atmosphere of the area. She stated that adequate commercial business exists towards Benson Highway and 132nd Avenue. Rodney Bishop, 13717 SE 259th, Kent, WA stated that he supports Alternative #1. He stated that the existing Commercial zoning should be retained for the corner property. Mr. Bishop stated that this property sits on 240th, which serves as a main east/west viaduct for vehicular traffic. He stated that this location would provide good accessibility to commercial services for the residents in the surrounding area. Dan Eymann, 12520 SE 240th, Kent, WA 98031 stated that he pastors Eastridge Baptist Church. He questioned if the City of Kent's R-6 zoning was the same as King County's definition; and if this zoning would affect the expansion plans of the church. Mr. Eymann stated that the church is negotiating with the County through a conditional-use application process. Mr. Eymann stated that the County is negotiating a moratorium on church and private school facilities and questioned if they would be under the constraints of this moratorium if Kent annexes the property. Ms. Anderson stated that the moratorium applies to churches in rural zones only and would not apply to Eastridge Baptist Church, as it is located within the urban growth area. I , Land Use and Planning Board Minutes May 21,2001 Page 5 Wos. Anderson stated that although conditional uses require public hearings, •churches -,arc nsidered special permit uses in most of Kent's zoning areas; therefore, it does not require a public hearing. Ms. Anderson entered a letter from Mr. Charles Everhardy, 23400*126th Avenue SE, into the record as Exhibit#1 favoring annexation and requesting that the city consider buffering between zoning parcels and discourage spot zoning. Vicki Johnson, 18602 Marine View Dr SW, Seattle, WA 98166 spoke for her mother who resides at 11518 SE 240th west of Mr. Lotto's property. Ms. Johnson stated that her mother's property is zoned R-6 and yet the volume of traffic along the 240th Street intersection is heavy. She stated that property along 240th has eroded in terms of supporting residential development. Ms.Johnson concurred with Mr.Lotto and Mr.Bishop in supporting Alternative#1. Ms. Johnson concurred with Board member Dowell in that retaining commercial would decrease density on the comer property. Brad Bell MOVED and David Malik SECONDED to close the Public Hearing. Motion Carried. Ms. Anderson stated that staff recommends Alternative#4. She stated that staff does not support expanding the MRT zone into Mrs. Teter's property. Ms. Anderson stated that predominately large single-family subdivision lots exist in the annexation area. Ms. Anderson stated that there are three vested subdivisions in King County within the annexation area consisting of approximately 91 lots, one subdivision of which is related to South 236th Street which could preclude extending South 236th over to 116th. Ms. Anderson stated that one reason staff does not support a commercial designation is that it places tremendous land use pressure on the SE 240th/116th Avenue intersection for additional commercial. She stated that for the City to accommodate the goals and policies of the comprehensive plan,commercial designations must be limited. Mr.Malik questioned the feasibility of allowing commercial on the corner of SE 240th and 116th, stating that there are approximately 700 to 800 vehicular trips through that area daily. He stated that with a school in this area, safety would be an issue. Ms. Anderson stated that a preliminary estimate from the City's Transportation section of the Public Works Department indicates traffic impacts from commercial are approximately 7 to 10 times greater than multifamily during the p.m.peak hour. Mr. Dowell stated that Kent Nursery exists as a commercial business on 240th within existing commercial zoning. He stated that if the zoning were to change to MRT-16 as proposed by staff s Alternative#4 proposal,the City is, in effect, downzoning the property. Mr. Dowell stated that downzoning this property could create a problem for the owner if he were to attempt to obtain a bank loan for expansion of his commercial facility. He stated that bank institutions do not like to lend money for legal nonconforming uses on property. Mr. Dowell stated that commercial designations can only develop 40 % of the land and development of townhomes would create higher density in the area then commercial. Land Use and Planning Board Minutes May 21,2001 Page 6 . ~ Mr.Dowell recommended the following option defined as Alternative #5: • Neighborhood Convenience Commercial(NCC)zoning on the corner of 240th and 116th, • MRT-16 to the east, and • MRT-12 to the north up to 236th with a buffer zone from 236th to 238th. Mr. Dowell stated that MRT-12-zoning would provide an acceptable buffer zone for the SR-6 zoning located north of the MRT-12 zoning area. Mr.Malik recommended an additional new option as Alternative #6. • MRT-12 zoning for the property along 236th(Mrs. Teter's property) • MRT-16 zoning for the property fronting 240th • Eliminate the commercial designation Mr. Bell voiced his support of Alternative #1 as it most closely ties King County's existing zoning designation with the City of Kent's zoning designations. Mr. Johnson voiced support of Mr.Dowell's recommendation of Alternative #5. He stated that it merits consideration due to: the lay of the land, current zoning, future of potential growth in that area, Growth Management Act requirements and protection of existing single family neighborhoods in the area. ` Ms. Zimmerman voiced support of Alternative #1 as she favors retaining the County's current zoning designations. i t • W. Dowell asked for clarification on Alternative #1, as it was his understanding that the corner of 240th would remain zoned NCC with MRT-16 zoning for the remainder of the property. Ms. Zimmerman explained for the benefit of the Board and audience, that Kent landowners are given annual opportunity to request changes in comprehensive plan land use designations and zoning. She stated that the Board's decision is solely a recommendation and does not preclude any future development changes for the area. Mr. Dowell MOVED and Jon Johnson SECONDED to recommend adoption of Alternative#5 as follows: • Neighborhood Convenience Commercial (NCC) zoning on the corner of 240th and 116th with a comp plan designation of Neighborhood Services • MRT-16 zoning for the two parcels adjacent to the NCC zoned property with a comp plan designation of Low Density Multifamily. • MRT-12 zoning from 120th westward to 116th, via 236th with a buffer from 236th to 238th with a comp plan designation of Low Density Multifamily. Motion died with a 3 to 2 split vote In response to Mr. Dowell, Ms. Anderson stated that the Low-Density Multifamily comp plan designation is designed to accommodate multifamily zoning or townhouse zoning. She stated that this zoning allows for up to 16 dwelling units per acre; giving owners opportunity to request a zone change to Garden Density Multifamily (MRG) to accommodate apartments instead of townhouses. Ms. Anderson stated that rezone requests are heard before the Hearing Examiner and evaluated by the City Council,not the Land Use and Planning Board. Land Use and Planning Board Minutes May 21,2001 Page 7 Ms. Anderson questioned if she understood Mr. Malik's Alternative #6 proposal, in that the erty fronting 240th would be zoned MRT-16 zoning, with Mrs. Teter's property zoned MRT- and the remainder of the property retained as SR-6, Single Family Residential, 6 dwelling units per acre. Mr.Bell stated that he now favors Alternative#5. Mr. Malik stated that he does not support Alternative #1, as he strongly opposes commercial development at the 240th St. intersection due to the traffic congestion generated. Jon Johnson MOVED and Brad Bell SECONDED to recommend adoption of Alternative#1 and send this on to City Council for their consideration as follows: • This alternative would establish a land use designation of Neighborhood Services and zoning of NCC,Neighborhood Convenience Commercial for the 8 —acre site located at the northeast corner of SE 240th Street and 116th Avenue SE,and • Multifamily Residential Townhouse (MRT-16), 16 dwelling units per acre on the 8.8 acre and 4.76 acre parcels just east and northeast of this property, with a land use designation of Low Density Multifamily, and • The areas north and east given a Comprehensive Plan Land Use Map designation of Single Family Residential, 6 units per acre and zoning designations of SR-6 and SR-4.5. Motion CARRIED with a 4 to 1 vote,David Malik opposed. Ms. Zimmerman informed the audience that City Council makes the final determination on this Wr. She stated that citizens would be notified of the hearing where they would be given tunity to testify. ADDED ITEM Mr. Satterstrom stated that staff role changes have been implemented on a temporary basis and could be in affect through December 2001. Mr. Satterstrom stated that he has been designated Acting Community Development Director with Charlene Anderson appointed as Acting Planning Manager who according to Ordinance and Bylaws serves as Secretary of the Board. ADJOURNMENT Chair Zimmerman adjourned the meeting at 8:45 pm. Respectfully Submitted, Charlene Anderson,AICP,Acting Planning Manager Secretary S:PermitTIan\LUPB1200IVrinutes\0I0521madx COMMUNITY DEVELOPMENT Fred N. Satterstrom,Acting Community Dev. Director • PLANNING.SERVICES \f�rKN T Charlene Anderson,AICP,Acting Manager40 1 W A S M I M G T O M Phone:253-856-5454 Fax: 253 a 56-6454 Address: 220 Fourth Avenue S Kent,WA 98032-5895 May 14,2001 TO: TERRY ZIMMERMAN, CHAIR AND LAND USE AND PLANNING BOARD MEMBERS FROM: CHARLENE ANDERSON, AICP, ACTING PLANNING MANAGER RE: DEMARCO ANNEXATION#AZ-2001-1 (KIVA#2011034) COMPREHENSIVE PLAN AMENDMENT AND INITIAL ZONING STAFF REPORT FOR HEARING ON MAY 21, 2001 Introduction On April 3, 2001, the Kent City Council accepted petitions signed by owners of at least sixty percent (60%) of the assessed valuation of the area proposed for the DeMarco annexation. Staff filed a Notice of Intention with the King County Boundary Review Board on April 19, 2001. The decision of the Boundary Review Board is expected within 45 days of filing. The DeMarco annexation area encompasses approximately 266.6 acres (.42 square miles) and is home to an estimated 770 people. The area is located on the East Hill of Kent, from 116`h Avenue SE to SE 132°d Street and from SE 240`h Street north to approximately SE 2315`Place on the west and SE 233`d Street, if extended, on the east. i The annexation area is within the Urban Growth Area and Potential Annexation Area boundaries that were defined and established by the City of Kent according to the Washington State Growth Management Act. When the Kent Comprehensive Plan was adopted in 1995, land uses for the Potential Annexation Area generally were based on King County's adopted land use plan in order to ensure consistency between the City's and County's Comprehensive Plans. However, in late 2000, King County amended their Comprehensive Plan and Zoning Map to adopt land use map and zoning designations of Commercial Outside of Centers and Neighborhood Business, respectively, for an eight-acre parcel at the northeastern corner of the intersection of 1160' Avenue SE and SE 2401h Street. Furthermore, as each annexation is approved by the City of Kent, the annexation area is analyzed in greater detail through a public process in order to refine land use designations, zoning, and policies under the context of the City of Kent's Comprehensive Plan. The purpose of the Comprehensive Plan is to guide land use and capital improvement decisions. Establishing City of Kent zoning districts for the annexation area is a Comprehensive Plan implementation action. The Comprehensive Plan amendment and initial zoning designation will be reviewed concurrently because they must be consistent with one another, according to RCW 36.70A.120. . f I Background The King County Comprehensive Plan Land Use Map generally designates the area as Urban Residential 4-12 units per acre, with the property at the northeastern comer of the intersection of IE240`h Street and 116`h Avenue SE recently designated Commercial Outside of Centers, and e two properties just adjacent to the east and northeast of that property designated Urban Residential 12+ units per acre. The corresponding King County zoning designations are R-6 Residential (6 dwelling units per acre) along 116`h Avenue SE and along SE 240`h Street, with Neighborhood Business and R-18 Residential (18 dwelling units per acre) at the northeast corner of the intersection of 116`h Avenue SE and SE 240`h Street. The zoning designation changes to R-4 Residential (4 dwelling units per acre), in an irregular pattern generally east of 1201h Avenue SE and north of SE 237`h Place, if extended, excluding approximately 3 unplatted parcels at that southern boundary. There also is R-4 zoning west of and abutting 120`h Avenue SE from about SE 236`h Street north to approximately SE 232"a Street, if extended. Residential districts in the City of Kent are designated separately as single family or multifamily. However, King County residential zoning is inclusive of detached single family, attached and "stacked"multifamily dwelling units. The P and SO suffixes attached to designations such as R- 4-P-SO on the King County Zoning Maps provide for property-specific (P) development standards and special district overlays (SO). There is a special district overlay that covers all of the properties within the DeMarco annexation area. This overlay, Condition SO-220, relates to retention of significant trees. The three larger parcels. at the northeastern corner of the intersection of 116`h Avenue SE and SE 240`h Street also have had property-specific development standards attached to them by King County (further explained in the Environmental Characteristics section, below). he existing land use pattern in the DeMarco annexation area is primarily single family residential with densities ranging from townhomes to one-acre lots and larger unplatted parcels. Meridian Junior High School is located within the area. Kent East Hill Nursery is located at the northeastern corner of the intersection of SE 240`h Street and 116`h Avenue SE. There.are two large churches and a church hall also located in the area. Notice of a proposed subdivision called Birdsong Meadows is posted in the area, and staff has been notified of preliminary approval of a 32-lot subdivision and an application for a 27-lot subdivision along SE 234`h Street. The land use pattern has been developed and supported through King County's Soos Creek Community Plan and the King County Comprehensive Plan. Using King County zoning designations; looking at vacant vs. underdeveloped properties; discounting for sensitive areas, public rights of way, and market availability; and estimating likelihood of development considering date of most recent platting activity, age of existing residence, and surrounding plat activity, staff projects 471 additional dwelling units in the proposed annexation area within the next 10 years. Environmental Characteristics The DeMarco annexation area is located on Kent's East Hill (aka, Soos Creek) plateau and can be characterized generally as rolling terrain. The Middle Fork of Garrison Creek, North Meridian Valley Creek, and a Clark Lake Outlet all run through the area. The 1991 Soos Creek Community Plan Update identifies wetlands near the Middle Fork of Garrison Creek at the northeastern comer of the intersection of 116'h Avenue SE and SE 240`h Street. King County attached the following P-suffix condition to the three parcels at this location: "The natural Land Use and Planning Board Hearing May 21,2001 drainage area on the Lotto/Toppano property shall be designated as permanent open space. This area shall not comprise less than 30% of the total sites." Upon annexation, the City of Kent regulations for the protection of sensitive areas, preservation of agricultural or other resource lands, preservation of landmarks or landmark districts and surface water control will become effective for the proposed annexation area. The City of Kent environmental regulations will equal or exceed King County regulations. Kent has adopted the Soos Creek Basin overlay restrictions for stream buffers and is dedicated to protecting wetlands, associated buffers, and geologically unstable areas. The City currently is reviewing critical area regulations as required by GMA to ensure best available science is used, and the City is expected to adopt the King County Stormwater Manual in the near future. Public Participation —Community Meeting There were two meetings held in June and August, 2000 in the DeMarco annexation area prior to the submission of a 10 percent petition to the City of Kent. Citizens expressed concerns about a , proposed condominium development and concerns regarding safety and traffic. The annexation proponents also held a community meeting on January 24, 2001. City staff members were present at the January 24 b meeting to address fire and police protection, traffic and stormwater issues, zoning and land use, and general City administration, including financing. The citizen attendees generally expressed support of single family detached dwelling units within the annexation area. Land Use Alternatives Staff is bringing forward three zoning and land use alternatives for the annexation area. Analysis of the alternatives includes the following factors: t I 1. Relevant Kent Comprehensive Plan goals and policies and land use recommendations for land within and adjacent to the DeMarco area. 2. Preliminary housing target analysis. 3. Existing King County Comprehensive Plan and Zoning designations and policies. 4. Information received from the public at the community meeting. 5. Available data regarding natural resources and environmentally sensitive areas. The Land Use and Planning Board and Kent City Council will hold public hearings to establish initial zoning and to amend the Kent Comprehensive Plan,if required. • Alternative One would match the existing King County zoning designations with the closest equivalent City of Kent zoning designations. In the Year 2000 Comprehensive Plan Update (Map Amendment #19), King County changed the land use and zoning designations for the 8-acre site located at the northeast corner of the intersection of SE 240'' Street and 116`" 1 Avenue SE. The Land Use designation went from Urban Residential High to Commercial Outside of Centers, with a zoning change from R-18 (18 dwelling units per acre) to Neighborhood Business. Alternative One proposes a land use designation of Neighborhood , Services and zoning of NCC, Neighborhood Convenience Commercial for this property, with a Low Density Multifamily land use designation and MRT-16 zoning designation (Multifamily Residential Townhouse District) on the 8.8 acre and 4.76 acre parcels just east and northeast of this property. To the north and east would be areas designated Single , Family Residential, 6 units per acre, on the Comprehensive Plan Land Use Map with zoning designations of SR-6 and SR-4.5. ` .and Use and Planning Board Hearing llav 71 7001 -i • Alternative Two differs from Alternative One in that it would remove the corner commercial designation and designate it MRT-16 along with the adjacent parcels just east and northeast f the corner parcel. The remainder of the annexation area would be designated Single amily Residential, either 4.5 or 6 dwelling units per acre. • Alternative Three maintains the commercial and townhouse designations at the northeastern corner of 116t" Avenue SE and SE 240`h Street but designates the remainder of the annexation area as Single Family Residential, 6 dwelling units per acre. • Alternative Four designates the three properties at the northeastern comer of the SE 240th/116th Avenue intersection as MRT-16, with the remainder of the annexation area. as Single Family Residential, 6 dwelling units per acre. Recommendation Planning staff is recommending approval of Alternative Four. The Kent Comprehensive Plan Policy LU-13.5 supports "..."corner store", small-scale,neighborhood-oriented shops adjacent to selected rights-of-way in higher-density neighborhoods..." and further states, "Ensure that projects are pedestrian-oriented and developed with minimum parking provisions." However, designating additional commercial parcels other than the existing commercial property at the southeastern comer of this intersection would create additional land use pressure to further erode the residential character of this area, and could jeopardize the policy for "comer store" retail. The surrounding neighborhood generally is single family residential, including low densities of one or three dwelling units per acre to the southeast and southwest of the annexation. A zoning sigriation of MRT-16 at the . northeastern comer would bolster the viability of the borhood business designation at the southeastern comer, would promote additional meownership opportunities, would promote a land use pattern that supports public transportation, and also would create a buffer from the impacts of the intersection on the lower density neighborhoods to the north and east. It also encourages developing the three parcels designated MRT-16 as a unified development proposal with better management of the sensitive areas on the sites. Allowing an overall single family residential density of six (6) units per acre recognizes the area lies within an Urban Growth-Area and provides a means for developing at a somewhat higher level than currently is allowed. At the same time, staff recognizes that much of the area currently is designed as larger lot subdivisions, and it is unlikely they will be further subdivided within a 10-year time-frame. Providing for a slightly increased density facilitates and anticipates growth in a shorter time frame on those parcels not currently subdivided but that lie within Kent's designated Urban Growth Area. Not creating another commercial designation at this intersection recognizes and supports the existing major commercial operations at the intersection of SE 240 Street with 1041h and 132nd Avenues SE. 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ADMINISTRATIVE REPORTS E 5 REPORTS FRON SPECIAL Cooara$$ Public Safety Committee 40 July 10 2001 Committee Members Present: Chair Connie Epperly, Rico Yingling (sitting in for Tom Brother-ton) Staff Present: Ed Crawford, Derek Smith, Mary Ann Kern, Steve Holt, Mark Gustafson, Kevin Nee, Rebecca Robertson, Jackie Bicknell The meeting was called to order by Chair Connie Epperly at 5:10 PM. "Signage on Lake Meridian Docks" was added as item number 7. Approval of the Minutes of May 8, 2001 Rico Yingling moved to approve the minutes of May 8, 2001. The motion was seconded by Connie Epperly and passed 2-0 Neglect of a Child or Dependent Person — Ordinance Rebecca Robertson, prosecutor in the Family Violence Unit, said many cases of child neglect or neglect of dependent persons go unprosecuted because they do not meet the state statutory definition of child abandonment The City, by previous ordinance, made it a crime to withhold the basic necessities of life or to maintain living conditions that would endanger children or dependent persons. However, some children and dependent persons are also put at risk when they are left unattended and unsupervised for minutes to hours at a time. Children may be left asleep or unattended and unsupervised at home or allowed to leave the home and wander away. Mark Gustafson, Police Detective Sergeant working with the Family Violence Unit, said he reviews all the CPS cases that come into the department and has the decision and discretion on whether to generate a case, and who it should be assigned to. Oftentimes child neglect cases go underreported and underenforced. Child neglect is a gatewav crime to other types of abuse and it's not uncommon in this country for an infant to be left in a hot car for hours on end, particularly at this time of the year when it is so warm out. Oftentimes the child dies or is severely injured. This ordinance would cover those types of neglect that go beyond a lack of common sense and become criminal negligence, and it gives an enforcement option. It would be used judiciously and with a great deal of discretion, but it is a leverage, not only to keep children safe, but to get a behavior change on the part of the parent. In response to Rico Yingling's question for the definition of a child, Mark Gustafson said a child was a person under 18. Rebecca Robertson added that prosecutorial discretion would be involved, as a 16 year old could be left at home dunng the day. Mark Gustafson said that anything age appropriate would be okay to do, and the time of day and the neighborhood would also be factors. Mr. Yingling asked who would make those decisions. Sergeant Gustafson said they would be made by a combination of consultations with the prosecutor and the detective. A great deal of discretion and good judgment and experience are used in the way cases are assessed and evaluated. It's done on a case by case basis and, he added, the assessment is not often wrong. Public Safety Committee, 7/10/01 2 Rico Yingling moved to recommend to Council adoption of the proposed ordinance to add additional subsections to KCC9.02.25 pertaining to negligent behavior. The motion was seconded by Connie Epperly and passed 2-0. (Chair Epperly asked to receive absent Committee Member Tom Brotherton's concurrence.) Hobbv Cannon Fuse Material— Ordinance Derek Smith said that the Hobby Cannon Fuse Material ordinance regulates the use of hobby cannon fuse material and requires a gun store, dealer, or show doing business in the City of Kent to maintain written record of any sale or exchange of fuse material for the purpose of setting off hobby cannons. He explained that the only legal use for hobby cannon fuse is to set off hobby cannons, but a lot of completely illegal things can be done with it. The material can be used to build tennis ball bombs (which are set off almost every 4th of July). There are two places in Kent that sells hobby cannon fuse material, and the ordinance would allow Kent police to track down the maker of illegal devices by going to the place that sells the hobby cannon fuse material to find out who purchased it. Mr. Smith passed around samples of the fuse. Fire Department Investigator Kevin Nee called the fuse material improvised explosive devices because they can be used in pipes, tennis balls, bottles, etc. He said there are probably a dozen cases a year and police just recently shut down a place on the East Hill that was manufactunng the devices. The only legitimate use for the fuse material is for a cannon, but a hobby cannon cannot be fired in the City of Kent because it falls under the firearms regulations. Lieutenant Nee continued that the damage created from using the devices is indiscriminate in that it does not attack just one person. Also, an explosive device doesn't leave a lot of evidence, so it's hard to find the perpetrators, but the ordinance would create a written record and some evidence before a device was ever set off. He added that other jurisdictions are waiting to see what happens in Kent and would likely have piggyback ordinances. Rico Yingling moved to recommend to Council adoption of the proposed ordinance which requires a gun store, dealer, or show doing business in the City of Kent to maintain written record of anv sale or exchange of fuse material for the purpose of setting off hobby cannons. The motion was seconded by Connie Epperly and passed 2-0 (with the request to receive Tom Brotherton's concurrence). Title 9 Revision, Firearms Dangerous Weapons, and Explosives — Ordinance Derek Smith explained that there is a loophole in the current state law because it exempts overpressure type devices. The City adopted the state law, but the people who make bombs found a way around it with the loophole. This ordinance broadens that law and has a shrapnel addition where if people add shrapnel, bb's, wire, or nails to a device, a significant mandatory jail time of 90 days is added to the penalty. Kevin Nee said anything could be placed within a container and if enough pressure were built up, it would explode. Dry ice bombs are created when dry ice is mixed with water, creating a gas pressure, and acid and other materials do the same thing. An acid bomb is much more destructive because it also burns tissue. Right now, it's really difficult to prosecute those type cases under the definition of explosives in the state law. Lieutenant Nee offered to show the Public Safety Committee a Police video demonstrating the hazards involved. Public Safety Committee, 7/10/01 3 Derek Smith continued that under current law, if there was no injury, a case couldn't be prosecuted because of the loophole. The legal definition of explosion is a chemical that is ignited through some sort of fire or ignition, and a device that explodes from build up of pressure does not meet the legal definition of explosive. The ordinance includes anything that results in an explosion or detonation and doesn't fix on the chemical process that caused the explosion or detonation. Rico Yingling expressed concern that the statement in Section A, which says "...or any other device, material, chemical, or substance which when exploded, opened, used or otherwise deployed does or will annoy, injure, endanger or inconvenience any person or persons. " encompasses just about anything and could even describe a cigarette. Derek Smith said the caveat would be "..when exploded or used" Mr. Yingling insisted that, since the word "or" was used, it could mean any one of the actions. Mr. Smith agreed that it could, hypothetically, but that no one would legally charge anybody for using a cigarette. He said it was important to be as specific as possible but yet general so people reading the law wouldn't try to get around it. Looking at non incendiary devices, a person is only guilty if they deposit, leave, place, spray, scatter, spread, throw, or otherwise deploy in the building, or help somebody to do those things. Lighting up a cigarette doesn't meet the legal definition of the crime. Rico Yingling moved to recommend Council adoption of the proposed ordinance which adopts a specific Kent City Code section substantially similar to RCW 70.74.310. The motion was seconded by Connie Epperly and passed 2-0 (with the request to receive Tom Brotherton's concurrence). Towing/Impoundment Ordinance Derek Smith said that the Towing/Impoundment ordinance reflects some recodification changes for RCW 4620.420-RCW 46.20.345 in the Kent City Code. It also removes the mandatory impound periods for persons who drive with a suspended license in the third degree. There are a lot of boyfriends/girlfriends/sons/daughters taking people's cars without permission. It's not really theft, but the perpetrator, who has a homble driving record, is stopped and cited and the car ends up being impounded. When the owner comes in and wants his car back, it's suspended for 30 days. The ordinance would eliminate mandatory impoundment time and allow a person whose license is suspended in the ) degree, to get their car back immediately as long as they've reinstated their license and paid their fees. Under the current policy, anybody who is stopped and cited for driving with license suspended in the 3'd degree has their car towed and a 15 day or 30 day impoundment period (depending on how many prior "driving with license suspended" ) degrees they have). The ordinance doesn't affect 2nd degree or ls` degree suspensions. In response to Connie Epperly's question, Mr. Smith explained the difference between first, second, and third degree suspensions. A first degree suspension covers those people who have been declared to be habitual traffic offenders by the State of Washington and have three major traffic offenses in a seven year period. A major traffic offense is a DUI, felony alluding, hit and run, vehicular homicide, vehicular assault, etc. (There are 26 different offenses.) A second degree suspension means the driver's license is suspended for a period of time and is not eligible for reinstatement until after the suspension is over. For a first offense DUI, the license suspension time period is 90 days, after which the designation goes from second degree to third degree. The person Public Safety Conunittee, 7/10/01 4 has to show proof of SR22 insurance and that they're in alcohol treatment, and they can then get their license back from the Department of Licensing under the third degree status. First degree impoundments are for 60 days and second degrees are for 30 days (if it's a second offense they are impounded for 60 days). To get the car back, a person must show they've gotten their license back, and if it's the registered owner of the car, he must pay all the fines and show a valid license. The minimum amount to get a car out of impound is about $150. Rico Yingling moved to recommend Council adoption of the proposed ordinance which corrects the recodified cite to the RCW and removes the mandatory impound period. The motion was seconded by Connie Epperly and passed 2-0. Washington Traffic Safetv Commission Mini-Grants Police Support Administrative Assistant Mary Ann Kern reported that two Washington Traffic Safety Commission Mini Grants had been received—one for S500 to be used for the Child Passenger Safety Team t-shirts, and the other for $400 for an overhead projector for the Child Passenger Safety Team to use in training and education. Signage on Lake Meridian Docks Steve Holt, Police Department Patrol, said that the project started about two months ago with the Police Explorers. He explained that if somebody in a boat on Lake Meridian was sick or injured and taken to a dock, it would be difficult to get medical aid to the right house because the address wouldn't be known unless someone ran to the front of the house to find out. Some background research was done by Fire Department Assistant Chief Lary Webb who talked with the Fire Chief of Black Diamond, which is the city where Lake Sawyer is located. Lake Sawyer has 411 docks and is surrounded by different streets and housing. To get the addressing to the marine patrols out on the lake, sianage was put on the docks by numbering them from one through 411. Fire personnel or dispatch has a list of street addresses that correspond with the dock numbers and can determine the exact residence and dock for the incoming fire or police department. Lake Tviendian has 127 docks, and the numbering would start with dock 1 and go to 127. If a dock was added later, then there would be an A, B, or C designation added to the number. Cost for the stgnage is anywhere from S1.50 to $2.00 each, and the Explorers have volunteered to do the installation on the docks as a community service project. Mr. Holt added that using the same plan as Black Diamond creates a consistency across the jurisdictions. The meeting was adjourned at 5:52 PM. Jackie Bicknell City Council Secretary r i ° CONTINUED COMMUNICATIONS a , A. :i a , Y x at EXECUTIVE SESSION A) Property Acquisition B) Property Sale 1 xAx�