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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 04/01/2003 NEI ♦ , City of Kent City Council Meeting Agenda April 1 , 2003 Mayor Jim White Councilmembers Judy Woods, Council President Tim Clark Julie Peterson Connie Epperly Bruce White Leona Orr Rico Yingling IIZKE140 ,0�NT WASHINGTON City Clerk's Office SUMMARY AGENDA i KENT CITY COUNCIL MEETING KENT April 1, 2003 W S N I N 6 T O N Council Chambers 7:00 p.m G MAYOR: Jim White COUNCILMEMBERS• Judy Woods, President I Tim Clark Connie Epperly Leona Orr .i Julie Peterson Bruce White Rico Yingling 1. CALL TO ORDER/FLAG SALUTE .f 2 ROLL CALL o- 3. CHANGES TO AGENDA A. FROM COUNCIL,ADMINISTRATION, OR STAFF B. FROM THE PUBLIC t 4. PUBLIC COMMUNICATIONS A. Employee of the Month B. Proclamation—Disaster Preparedness Month a't. a aut C . Pre5en+a-bon aP 5744v, Gam• ln+r,?,7 iOr�/ 1 5 PUBLIC HEARINGS 1 �,3 A. Master Planned Unit Development Zoning Code Amendment—Ordinance B. Street Vacation, 71st Avenue South and S. 181st Street 6. CONSENT CALENDAR t A. Minutes of March 4, 2003 and March 18, 2003 —Approve B. Bills—Approve ` C. El Grullo Sister City�ution D. Surplus and Sale of 1987 Pierce Fire Engine E. Bill of Sale, Pacific Gateway Business Park—Accept { F. Bill of Sale, HRP Warehouse—Accept G. Bill of Sale, Teutsch 228—Accept H. Street Vacation, Madison Avenue and Harrison Street Set Hearing Dat JLo I. Steiner Property—Charge in Lieu of Assessment—Authonze J. Commuter Challenge Grant—Accepf an Establish d e K. Zoning Code Amendment—Planned Unit Development(PUD)—Motion and Set Public Hearing Date , 7 OTHER BUSINESS ! A. Kent East Hill Townhomes Rezone 8 BIDS A. LID 329— 74th Avenue South&West Willis Intersection Improvements 9. REPORTS FROM STANDING COMMITTEES AND STAFF (continued next page) i 4 6 I G h SUMMARY AGENDA CONTINUED i Y i I 10. REPORTS FROM SPECIAL COMMITTEES 11. CONTINUED COMMUNICATIONS 12. EXECUTIVE SESSION A. Pending Litigation I 13. ACTION AFTER EXECUTIVE SESSION 14. ADJOURNMENT l f' r i i t I t P, i i E i 8 4 F FFY 1 E E 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. j I t °FI tii� a gi fit le or 3 k j 6 5R w wS oil Our or r0% 114 flit It's, Sri �w p ft� A 1 w j r � � w f N Y 9 to if r r IF ji _ A � QEWItir - Bf CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC i • PUBLIC COMMUNICATIONS A) EMPLOYEE OF THE MONTH B) PROCLAMATION-DISASTER PREPAREDNESS MONTH • Kent City Council Meeting Date April 1, 2003 Category Public Hearings 1. SUBJECT: MASTER PLANNED UNIT DEVELOPMENT ZONING CODE AMENDMENT #ZCA-2002-3 —ORDINANCE 2. SUMMARY STATEMENT: This date is set for a public hearing to consider a proposed amendment to Kent Zoning Code to provide flexibility in determining the nature of modifications of master planned unit developments when associated with a planned action ordinance and development agreement. The City Council previously adopted an ordinance effecting the proposed amendment,but subsequently repealed it because required notice had not been provided to the State of Washington. Notice to the State has now been given. 3. EXHIBITS: Ordinance; staff memo; minutes of 1/7/03 and 10/15/02 City Council meetings and 9/23/02 LU&PB meeting; LU&PB staff report w/o attachment 4. RECOMMENDED BY: Land Use & Planning Board and Staff (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. B. Councilmember moves, Councilmember lV seconds to approve/deny the proposed amendment to Kent City Code 9ZCA-2002-3. �01 DISCUSSION: ACTION: Council Agenda Item No. 5A ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending section 15 08 400(I) of the Kent City Code, regarding planned unit developments, to provide a process for the modification of master plans located in commercial, office, and manufacturing zones consistent with planned action ordinances and development agreements i WHEREAS, the city council desires to amend section 15 08 400(I) of the Kent City Code to allow the planning manager to decide minor and major modifications of master plans located in commercial, office, or manufacturing zones consistent with a planned action ordinance and development agreement, and WHEREAS' the city previously adopted Ordinance No 3624 relating to Planned Unit Developments ("PUD") on October 15, 2002, however, the city, by Ordinance No 3633, repealed Ordinance No 3624 as the city had inadvertently failed to provide sixty (60) days notice to the State of Washington of its intent to modify the Master Plan PUD, and WHEREAS, on January 8, 2003, the city provided notification of the city's Master Plan PUD Modification to the State of Washington, and I 1 Planned Unit Development-PUD Section I5.08.400(I) WHEREAS, the sixty(60) day notice period has elapsed; and i WHEREAS, after providing appropriate public notice, the city held a public hearing on this modification proposal at the regular city council meeting held on April 1, 2003; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. — Amendment Section 15 08 400(I) of the Kent City Code entitled, "Modifications of plan," is amended as follows- See. 15.08.400. Planned unit developments, PUD I I Modifications of plan Requests for modifications of final approved plans shall I be made in writing and shall be submitted to the planning services officgdepaAment in j the manner and form prescribed by the planning manager In commercial, office, and j manufacturing zones, determination of minor and mator modifications in master plans f consistent with a planned action ordinance and development agreement shall be made at the sole discretion of the planning manager Criteria for determining minor and major modifications in all other cases shall be as stated in subsection I(I) and I(2) below. The criteria for approval of a request for a major modification shall be those criteria covering original approval of the permit which is the subject of the proposed ' modification I 1 Minor modifications, Modifications are deemed minor if all the following criteria are satisfied• a No new land use is proposed, b No increase in density, number of dwelling units or lots is proposed, 2 Planned Unit Development-PUD Section 15.08.400(I) proposed, c No change in the general location or number of access points is d No reduction in the amount of open space is proposed, C. No reduction in the amount of parking is proposed, f No increase in the total square footage of structures to be developed is proposed, and g. No increase in general height of structures is proposed Examples of minor modifications include but are not limited to lot line adjustments, minor relocations of buildings or landscaped areas, minor changes in phasing and timing, and minor changes in elevations of buildings i 2. Major modifications Major adjustments are those which, as determined by the planning manager, substantially change the basic design, density, open space or other similar requirements or provisions Major adjustments to the development plans shall be reviewed by the hearing examiner The hearing examiner may review such adjustments at a regular public hearing If a public hearing is held, the process outlined in subsection (F) of this section shall apply The hearing examiner shall issue a written decision to approve, deny or modify the request Such a decision shall be final Any appeals of this decision shall be in accordance with KCC 1201 040 SECTION 2. — Application This ordinance may be applied to all Master Plan applications, including applications currently in process upon the effective J date of this ordinance SECTION 3. — Savin s The existing section 15 08 400(I) of the Kent City Code, which is amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance ! SECTION 4. - Rah icathon Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed 3 Planned Unit Development-PUD Section 15.08.400(I) SECTION 5. —Severability If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same j shall remain in full force and effect I SECTION 6. — E_ffectrve Date This ordinance shall take effect and be i in force thirty(30) days from and after passage as provided by law JIM WHITE, MAYOR ATTEST i BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY PASSED day of 2003 APPROVED day of 2003 PUBLISHED day of 2003 I I hereby certify that this is a true copy of Ordinance No passed by the city council of the city of Kent, Washington, and approved by the mayor i of the city of Kent as hereon indicated I (SEAL) BRENDA JACOBER, CITY CLERK P.C,,&O,d,...\15 08 JW I PUD 031 W3&c . 4 Planned Unit Development-PUD Section 15.08.400(I) COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director PLANNING SERVICES KE N T Charlene Anderson,AICP, Manager ` ASHINGTON Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 DATE: March 25, 2003 TO: MAYOR JIM WHITE,COUNCIL PRESIDENT JUDY WOODS AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON,AICP, PLANNING MANAGER THROUGH: PLANNING COMMITTEE,LAND USE& PLANNING BOARD SUBJECT: MASTER PLANNED UNIT DEVELOPMENT AMENDMENT #ZCA-2002-3 SUMMARY: The proposed amendment to Kent City Code provides flexibility in classifying major and minor amendments to a Master Planned Unit Development when the project is subject to a Planned Action Ordinance and Development Agreement that previously have been approved by the City Council The City Council previously (October 15, 2002) adopted the attached draft ordinance, but subsequently (January 7, 2003) repealed it because required notice had not been provided to the State of Washington Notice to the State has now been given At their March 18'a meeting the City Council established April I' for a public hearing on the issue BUDGET IMPACT None MOTION: I move to recommend/not recommend approval of#ZCA-2002-3, proposed amendments to Kent City Code Chapter 15 08 400 regarding Master Planned Unit Developments and to direct the City Attorney to prepare the necessary ordinance BACKGROUND: The proposed amendments to Kent City Code reflect the unique circumstances of planned actions and development agreements Minor amendments are processed administratively Major amendments are heard before the Kent Hearing Examiner The proposed code amendment allows the Planning Manager to determine the nature (major or minor) of proposed amendments to a Master Planned Unit Development and,therefore,the process for reviewing them Kent City Code Section ("KCC") 15 08 400 sets forth the regulatory framework for planned unit developments The regulations (KCC 15 08 400(E))provide a process for master plan approvals to allow approval of a" generalized, conceptual development plan on a site which would then be constructed in phases over a longer period of time than a typical planned unit development " Once the master plan has been approved, individual phases of the development are reviewed and approved administratively Modifications to the master plan are subject to the review process outlined for planned unit developments under KCC 15 08 400(I) Determination of whether a proposed modification is minor in nature currently occurs under very specific criteria(reference attached code section) These criteria do not reflect the type of modifications that may be desirable by the City and arguably should be considered minor in nature when the project is subject to a Planned Action Ordinance and Development Agreement that previously have been approved by the City Council The proposed ordinance provides flexibility in this regard CA\pm S\Permn\Plan\ZONECODEAMEND\2003\2022901-2002-3bcc doc Enc Draft Ordinance,Minutes of 1/7/03 and 10/15/02 City Council Meetings,9/23/02 LU&PB meeting,LU&PB Staff Report w/o art Kent City Council Minutes January 7 , 2003 CONTINUED COMMUNICATIONS (CONTINUED COMMUNICATIONS - ITEM 11D) (CFN-198) (ADDED ITEM CONTINUED) Independent Salary commission. Ted Kogita, 25227 Reith Road, displayed a portion of Ordinance No. 3617 regarding the Independent Salary Commission. He expressed concern that two of the commissioners do not pay city taxes, as they do not live in Kent . He urged Council members not to follow the Mayor' s request for a 25% increase in pay. Mayor White pointed out that neither the Mayor nor any Council member made a request for a raise in salary. EXECUTIVE SESSION The meeting recessed to Executive Session at 7 :36 p.m. and reconvened at 8 :30 p.m. (CFN-198) ACTION AFTER EXECUTIVE SESSION Labor Negotiations . YINGLING MOVED that the Council authorize the Mayor to sign a three-year Collective Bargaining Agreement effective January 1, 2003 to December 31, 2005 with the Teamsters Local Union 117 Affiliated with the Brotherhood of Teamsters . Woods seconded and the motion carried (CFN-122) zc_c4- zcc,z-3 ",�>uD A ftyd n ,a Master Planned Developments. ORR MOVED to adopt Ordinance No. 3633 repealing Ordinance No. 3624 regarding the determination of whether a modification in a master plan is minor or major in order to provide appropriate notice to the Washington Department of Community Development, and to direct staff to bring the ordinance back for enactment after notice has been given. Woods seconded and the motion carried. (CFN-131) Swimming Pool. WOODS MOVED to make a letter from Jonathan Pinkers requesting a swimming pool a part of the record. Orr seconded and the motion carried. (CFN-198) ADJOURNMENT At 8 :32 p.m. , WOODS MOVED to adjourn. Orr seconded and the motion carried. (CFN-198) Brenda Jacober, CMC City Clerk 6 (,G mI& Kent City Council Minutes October 15, 2002 LID 352 benefited by the storm drain system and has proposed to proportionately assess these properties in accord with those special benefits. Because the proposed final assessment roll affects specific, individual property owners, the Council sits in a quasi-judicial capacity as a Board of Equalization for this matter. Public Works Director Wickstrom displayed slides showing the location of the area, and explained the project . He noted that the final cost is the same as the preliminary cost , and that the properties are specially benefited. WOODS MOVED to make the information in the agenda packet and the slides Wickstrom showed a part of the public record. Clark seconded and the motion carried. Brubaker then described the quasi-judicial process, there were no disclosures from Council members. Mayor White opened the public hearing. There were no comments from the audience and WOODS MOVED to close the public hearing Peterson seconded and the motion carried. CLARK MOVED to adopt Ordinance No. 3623 which approves and confirms the final assessment roll on Local Improvement District 352 , South Kent Storm Sewers Woods seconded and the motion carried. FINAL PLAT (CONSENT CALENDAR - ITEM 60) (CFN-1272) Canterbury Glen Final Plat (aka Locust Lane) FSU-99-2/#2022569 . Approve the final plat submitted by Pacific Industries, Inc. for Canterbury Glen. The Hearing Examiner issued his Findings, Conclusions, and Decision on the preliminary 15-lot residential subdivision, on August 18 , 1999 . :t ZONING CODE AMENDMENT (OTHER BUSINESS - ITEM 7A) (CFN-131) Master Planned Unit Development Zoning Code Amendment ZCA-2002-3. This proposal amends the Kent City Code to provide flexibility in determining the nature of modifi- cations of master planned unit developments when associated with a planned action ordinance and develop- ment agreement . Following a September 23rd hearing, the Land Use and Planning Board recommended approval of this amendment. 4 Kent City Council Minutes October 15, 2002 ZONING CODE AMENDMENT Charlene Anderson, Planning Manager, said the proposed ordinance recognizes within the Commercial Office and Manufacturing zoning districts the uniqueness of projects that fall under a development agreement and planned action ordinance, which has been reviewed and evaluated under an environmental impact statement . She said with such a unique project, the ordinance allows administra- tive determination of whether a proposed amendment to an approved master plan is minor or major in nature, and thus what the process for review of that proposed amendment will be. Martin stated that one of the reasons that the Kent Station project has moved along so quickly is because processes like these were utilized by the Planning and Community Development Department . WOODS MOVED to approve the Land Use and Planning Board recommendation and adopt Ordinance No. 3624 if approved. Clark seconded and the motion carried. FIRE (CONSENT CALENDAR - ITEM 6N) (CFN-122) Interlocal Agreement to Provide Fire Prevention Service to the City of Covington. Authorization for the Mayor to execute an interlocal agreement with the City of Covington to provide fire code safety inspections and plan reviews to the City of Covington for a fee . Covington has adopted a series of safety codes, including the Uniform Fire Code ( "UFC" ) , UFC Appendices and UFC Standards which regulate the building, maintenance, and use of structures . Kent' s Fire Department maintains a fire prevention division that regularly conducts fire code safety inspections and plan reviews . Covington desires to utilize the resources of Kent to assist Covington in conducting fire code safety inspections and plan reviews. Covington will compensate Kent for conducting such safety inspections and plan reviews. POLICE (CONSENT CALENDAR - ITEM 6D) (CFN-122) Police Software System Contract. Authorization for the Mayor to sign a contract with Tiburon, Inc . for the 5 CC mql COMMUNITY DEVELOPMENT Fred N Satterstrom,C D Director PLANNING SERVICES • Charlene Anderson,AICP, Manager KEN T Phone 253-856 5454 Fax 253-856-6454 Address* 220 Fourth Avenue S Kent,WA 98032-5895 LAND USE & PLANNING BOARD MINUTES PUBLIC HEARING September 23, 2002 The meeting of the Kent Land Use and Planning Board was called to order by Chair Ron Harmon at 7 00 p.m. on Monday, September 23, 2002 in Chambers West of Kent City Hall LUPB MEMBERS PRESENT: STAFF MEMBERS PRESENT: Ron Harmon, Chair Charlene Anderson, AICP, Planning Mgr David Malik, Vice Chair Glona Gould-Wessen, GIS Coordinator/Planner Deborah Ranninger William Osborne, Planner Les Thomas Kim Adams-Pratt,Asst City Attorney Pamela Mottram, Administrative Secretary LUPB MEMBERS ABSENT: Steve Dowell, Excused Nicole Fincher, Excused Jon Johnson, Unexcused APPROVAL OF MINUTES Les Thomas MOVED and David Malik SECONDED to approve the Minutes of August 26, 2002 Motion CARRIED ADDED ITEMS TO THE AGENDA Secure Community Transition Facilities Update COMMUNICATIONS None NOTICE OF UPCOMING MEETINGS None #ZCA-2002-3 MASTER PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT Planning Manager Charlene Anderson stated that this amendment refers to Section 15 08 400 of Kent's Zoning Code on planned unit developments (PUD) Ms Anderson stated that specific criteria apply to approved PUD's proposing modifications to their plans in determining whether the proposed amendment is minor or major in nature Ms. Anderson spoke about the section of the zoning code referring to criteria that primarily relates to minor modifications She stated that minor modifications are evaluated by planning staff and the Hearing Examiner considers major modifications. Ms. Anderson stated that circumstances exist where these criteria are not relevant in determining whether a proposal is minor or major in nature Ms. Anderson stated that for example, in reviewing the Kent Station development, that proposal had an Environmental Impact Statement and a Planned Action Ordinance approved through City Council, with a Development Agreement yet to be approved through the City Council process Ms Anderson stated that one criterion for determining whether a proposal is minor or major in nature is listed under Section 11 b — which indicates "No increase in density, number of dwelling units or lots is proposed". Ms. Anderson stated that by following the minor modification criteria for the Kent Station proposal in the downtown area, desirable and arguably minor modifications would have to be l-IJ r'0 AI i 4L :�,- considered as major and suoject to review through the Hearing Examiner process. Ms Anderson stated that this would be counter-productive. Ms. Anderson stated that staff is recommending an amendment to KCC 15 06.400(I) that would authorize the Planning Manager to determine whether a proposed amendment is minor or major, Iwhert� the overall project Includes a Planned Action Ordinance and a Development Agreement within Commercial, Office and Manufacturing areas. She stated that the wording is as follows' "Modifications of plan. Requests for modifications of final approved plans shall be made in writing and shall be submitted to the planning services office in the manner and form prescribed by the planning manager In commercial, office and manufacturing zones, determinations of minor and major modifications in master plans consistent with a planned action ordinance and development agreement shall be made at The sole discretion of the planning manager Criteria for determining minor and major modifications in all other cases shall be as stated under subsections (1) and (2) below. The criteria for approval of a request for a major modification shall be those cntena covering original approval of the permit that is the subject of the proposed modification. E-mail correspondence from Lori Flemm dated September 20, 2002 was submitted for the record as Exhibit 1, Chair Harmon declared the Public Hearing open. Seeing no speakers, David Malik MOVED and Les Thomas SECONDED to close the Public Hearing. Motion CARRIED. David Malik MOVED and Les Thomas SECONDED to approve #ZCA-2002-3 Master Planned Unit Development Amendment as recommended by staff. Motion CARRIED unanimously. AWA-2002-1 SECURE COMMUNITY TRANSITION FACILITIES - UPDATE Assistant City Attorney Kim Adams-Pratt stated that the Secure Community Transition Facilities issue was heard at the Public Safety Committee meeting on September 16 and before City Council at their September 17 meeting. She stated that City Attorney Tom Brubaker read the statute and shared wh other cities were considering Ms Pratt stated that Mr Brubaker and the Council read the statut which requires a minimum size facility of three beds Ms Pratt stated that Brubaker indicated that cities were writing their ordinances to allow for a maximum size facility of three beds Ms. Pratt stated that Council discussed what limitations could be placed on the City's appeal process if the Department of Social and Health Services determined that the City had precluded a Secure Community Transition Facility from being built in the City Ms Pratt stated that Council adopted Planning's recommended proposal with the addition of wording to allow for a maximum of three beds in a facility. She stated that if DSHS could show that there was equitable distribution of beds within the County, they would be required to go through the Hearing Examiner process in requesting development of a larger facility ADJOURNMENT Chair Harmon adjourned the meeting at 7 15 p m. Respectfully Submitted, Charlene Anderson, AICP, Planning Manager Secretary, Land Use and Planning Board 10 S 1PermitPlan%LUPBt2002Wtnutes%020923mm doc Land Use and Planning Board Minutes September 23,2002 Page 2 of 2 COMMUNITY DEVELOPMENT Fred N.Satterstrom,AICP, Director PLANNING SERVICES K E N T Charlene Anderson,AICP,Manager w.: aTO. Phone 253-856-5454 Farc 253-856-6454 Address: 220 Fourth Avenue S Kent,WA 98032-5895 September 16,2002 TO: CHAIR RON HARMON AND LAND USE&PLANNING BOARD MEMBERS FROM: CHARLENE ANDERSON,AICP,PLANNING MANAGER RE: MASTER PLANNED UNIT DEVELOPMENT AMENDMENT #ZCA-2002-3 FOR SEPTEMBER 23, 2002 PUBLIC HEARING • Introduction As provided for in the State Envirorunental Policy Act ('SEPA"), RCW 43.21C.031(2)(a) and WAC 197-11-164 and -168, a Growth Management Act ("GMA") jurisdiction may designate planned actions that will benefit from a more simplified and consolidated SEPA review process. The designation must be made via ordinance or resolution. Such a designation was made for the Kent Station Planned Action site. Planned actions rely on performing environmental review when sites or areas are being master planned; development projects that are consistent with the master plan and environmental analysis receive expedited review. The environmental review for planned actions is contained within an Environmental Impact Statement and all of the SEPA mitigating measures are outlined in the Planned Action Ordinance CIAO"). When a development application is subsequently submitted and is deemed consistent with the PAO, no additional SEPA threshold determination is required and no opportunity for procedural SEPA appeal is provided. The City and the developer of planned action sites may enter into a development agreement, as authorized by RCW 36.70B.170 et seq. The development agreement must be consistent with the City's applicable development regulations,and the agreement will set forth the development standards and other provisions that will govern and vest the development, use and mitigation of the development. The development standards to be set forth include review procedures and standards for implementing decisions. The development agreement may be approved by ordinance or resolution • only after the City has conducted a public hearing on the issue. Land Use &Planning Board Public Hearing—9/23/02 Master Planned Unit Development Amendment PZCA-2002-3 Page 2 of 2 Background Kent City Code Section ("KCC") 15.08.400 sets forth the regulatory framework for planned unit developments. The regulations (KCC 15.08.400(E))provide a process for master plan approvals to allow approval of a"...generalized, conceptual development plan on a site which would then be: constructed in phases over a longer period of time than a typical planned unit development...". Once the master plan has been approved, individual phases of the development are reviewed and approved administratively. Modifications to the master plan are subject to the review process outlined for planned unit developments under KCC 15.08.400(1). This code section allows the planning manager to determine whether a proposed modification is a minor or major modification. Major modifications are subject to Hearing Examiner review. Determination of whether a proposed modification is minor in nature occurs under very specific criteria (reference attached code section). When one considers the Kent Station Planned Action site in Downtown Kent, for example, the determination criteria for minor modifications do not reflect the type of modifications that may be desirable by the City and arguably would be considered minor in nature. Under existing regulations, a proposed modification to a master plan would not be considered minor if there were an increase in density, a reduction in the amount of parking, an increase in the total square footage of structures to be developed or an increase in general height of the structures. Within Downtown Kent and as reflected in the EIS and PAO for :Kent Station, such modifications to a master plan could be minor and desirable. Options & Recommendation Staff recommends approval of the following amendment to Kent City Code to reflect the unique circumstances of planned actions and development agreements. We will be available at the September 23rd public hearing to answer questions and provide further information. KCC 15.08.400(1). Modifications of plan. Requests for modifications of final approved plans shall be made in writing and shall be submitted to the planning deper4mentserviees office to the manner and form prescribed by the planning dWReteirmanager. In commercial, o/jice and manufacturing,zones, determinations of minor and maior modifications in master plans consistent with a planned action ordinance and development agreement shall be made at the sole discretion of the planning manager. Criteria for determining minor and major modf fcations in all other cases shall be as stated under subsections(1) and(2) below. The criteria for approval of a request for a major modification shall be those criteria covering original approval of the permit that is the subject of the proposed modification. CA\pm IWSVSDATA1Pemut\Plan\ZONECODEAMEND\200212022901-2002-3 doc Eric: KCC Section 15.08.400 cr. Charlene Anderson,AICP,Planning Manager Fred N.Sanerstrom,AICP,C.D.Director Project File Kent City Council Meeting Date Apnl 1, 2003 Category—Public Hearin es 1. SUBJECT: STREET VACATION, 71ST AVENUE SOUTH AND S. 181ST STREET (#STV-2003-2) 2. SUMMARY STATEMENT: Resolution No. 1635 established April 1, 2003, as the public hearing date for the application by Loren D. Combs of McGavick Graves Attorneys at Law, on behalf of InnVentures, Inc. and Stonebrook Kent, LLC., to vacate a portion of S. 181" Street and 7151 Avenue South. A staff report recommending approval with conditions is included in the Council's packet. 3. EXHIBITS: Staff report and map 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES_ 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. B. Councilmember moves, Councilmember 4,�Vl�econds to approved/dyseppronefinedity the staff s recommendation of approval with conditions of the application to vacate a portion of S. 181st Street and 71st Avenue South, as referenced in Resolution No 1635, and to direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval. DISCUSSION: — ACTION: Council Agenda Item No. 513 COMMUNITY DEVELOPMENT Fred N Satterstrom, AICP, Director • PLANNING SERVICES K EN T Charlene Anderson,AICP,Manager WAS„,„GTO„ Phone 253-856-5454 Fax 253.856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 DATE: March 25, 2003 TO: MAYOR JIM WHITE, COUNCIL PRESIDENT JUDY WOODS AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER THROUGH: MAYOR JIM WHITE SUBJECT: REPORT AND RECOMMENDATION ON AN APPLICATION TO VACATE A PORTION OF 71ST AVENUE SOUTH AND SOUTH 181ST STREET #STV-2003-2 (KIVA#2030309) SUMMARY: Loren D Combs of McGavick Graves Attorneys at Law, on behalf of InnVentures, Inc. and Stonebrook Kent, LLC, requests a vacation of portions of South 181" Street and 71" Avenue South in order to facilitate development of the southeast comer of the intersection of S 180'h Street and West Valley Highway Staff recommends approval of the street vacation with conditions outlined in the report BUDGET IMPACT: As conditions of approval, staff proposes the City is compensated in some combination of US currency and property equal to or greater in value than the full appraised value of the right of way being vacated, and the petitioner widen and improve both West Valley Highway and South 180'h Street MOTION: I move to approve/deny/modify the staffs recommendation of approval with conditions of the application to vacate a portion of S 181" Street and 71" Avenue South, as referenced in Resolution No. 1635, and to direct the City Attorney to prepare the necessary ordinance upon compliance with the conditions of approval BACKGROUND: Both 71" Avenue S and S. 1815' Street are fully improved and maintained city streets with pavement, curb and gutter, sidewalk, drainage system and related appurtenances These streets were originally designed and presently do function as both a right turn lane (north bound to east bound) and a U-turn route for West Valley Highway at the 180'h Street intersection Said intersection presently operates at an "F" service level and retaining right turn capability is important to maintaining traffic flow The City also has a sanitary line crossing of 71s'Ave S near the S. 180th Street intersection, which provides service to the former ARCO site, . and there are some private (electrical, gas, telephone, cable TV and etc) utility facilities within portions of the right of way #STV-2003-2 (KIVA#2030309) Staff Report Page 2 Staff Recommendation Staff notified the following departments and agencies of this proposed street vacation • Public Works Department • Police • Parks, Recreation and Community Services ■ Fire and Life Safety ■ Puget Sound Energy ■ Qwest • Department of Transportation • METRO Transit Division After a review of the comments received, the Planning Services Office recommends that the request to vacate a portion of S 18151 Street and 71" Avenue South, as described in Resolution tt1635 and as shown on the accompanying map,be APPROVED with the following conditions• 1) The petitioner shall compensate the City in some combination of US currency and property equal to or greater in value than the full-appraised value of the right of way being vacated Property which the City would consider for possible compensation would be that portion of the entire frontage of the former ARCO site (King County Tax Parcel # 000020-0017-07) that abuts both West Valley Highway(WVH) and S 180`h St as concurred with by the City's Public Works Director as being necessary to construct a right turn lane and an acceleration lane across the entire frontage of said Tax Parcel on WVH and S. 180`h St respectively. 2) Prior to or in conjunction with the issuance of a development permit on King County Tax Parcel #000020-0017-07, the petitioner shall widen both WVH and S 180`h St with pavement, curb and gutter, sidewalk, drainage, street lighting, signal modification, and other related appurtenances necessary to accommodate the respective addition of a right turn lane and an acceleration lane on said streets Said improvements shall be designed and constructed in accordance with the City's construction standards and shall be subject to the review and approval of the City's Public Works Department 3) The petitioner shall grant to the City temporary easement rights for street purposes over, upon and under the right of way anticipated to be vacated herein. The purpose of said temporary easement would be to allow continued public use of S. 181s` St and 7151 Ave S until either compliance with condition two has been satisfied or the City's Public Works Director is satisfied that compliance therewith can be achieved, whichever comes first. The petitioner upon or in conjunction with the termination of the temporary easement denoted in condition three shall physically close off access to said former streets by constructing the continuation of the street improvements denoted in condition two above through the former intersections and tying same into existing city street improvements. Furthermore, unless approved otherwise by the Public Works Director the petitioner shall cap off in a manner approved by the City's Public Works Department the existing storm drainage system within #STV-2003-2 (KIVA#2030309) Staff Report Page 3 71"Ave S from the S. 180'h St storm dram system. All of the above said improvements shall be designed and constructed in accordance with the City's construction standards and shall be subject to the review and approval of the City's Public Works Department. 4) The petitioner shall provide to the city an easement as defined and determined necessary by the Public Works Department for sewer utility purposes over, under and upon that portion of 71st Ave S right of way pertaining to the City's existing sewer ]me and related appurtenances 5) The petitioner shall grant to the various private or quasi private Utility companies for such facilities as gas, electricity, telephone, cable TV and etc a respective easement for their facility that presently exists within the rights of ways to be vacated herein. 6) Any monies received herein for the value of the right of way shall be deposited in the City's School Pedestrian Walkways capital improvement fund (fund # R20036) for construction of school pedestrian walkways. CAlpm S\PemutT]anlvacanons1200312030309-2003-2 DOC Enclosure—Map cc Loren D Combs,McGavick Graves Attorneys at Law,PO Box 1317,Tacoma,WA 98401-1317 Jerry McCaughan,Property Manager EXHIBIT 3 I L- '�y I•- L 1-. rl IJ� CI LI704M*1171E o=i70fi 72' S431B2R=66 OD 2692 .L=2624' 'C2 116=7653'1T S43I6'2R=iB 50' IS43 1= �, L=39 24' NORTH A HENRY ADAMS OLC NO 43 NE CORNER I(Aft ADAMS OLC 4 43 S. 180TH ST. SW22201 142324 29752 Lez 1 4 NW3641-W x S66'36'051 5281 12 ' J s ' \ 30. 25. S)Ttg S1tn RA(R4� L ' i o ' N � m $ FORMER ARCO SITE of r uj ^ o u o0 w 7/co/ 15 FIGHT Or wAr DEDICATION REC NO 9202180704 l I �. N6R16'31'w 111 24' — ♦°�y`N ° s i5°0y �ti n I S. 181ST ST. n625 > NW16'31•II P 20130CA ♦ m u 2555 uM' Nair 1631-N 1 '. L4 i' STONEBROOK SUTEB WE Voi `" RHDD OF MAT DEWIIDN (RELOAD OF ROD 9404119OD4) a REC NO 9901267426 . sole For: STONEBROOK Job NNmbn Morilon101 Ve.1rcol INTERNATIONAL, LLC T569 GHgli 10215 72ND AVENUE SOUTH P.O. BOX 3646 P s REM, wA 9e0J2 BELLEVUE WA 98009-3646 steel mP FZ 25)25;-9752 FAX Title: CIVIL ENGINEERING LAND ROAD VACATION E1f��NNNG. SUR SERVICES EXHIBIT 1 of T Des nee Dro.n CbecAee • .ome— I Dole /i44� CONSENT CALENDAR 6. City Council Action:Councilmember /Q dY� moves, Councilmember seconds to approve Consent Calendar Items A through K. Discussion Action 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of March 4, 2003 and March 18, 2003 6B. Approval of Bills. Approval of payment of the bills received through March 14 and paid on March 14 after auditing by the Operations Committee on March 18, 2003, Approval of checks issued for vouchers: Date Check Numbers Amount 3/14/03 Wire 1376-1386 $1,368,030.19 3/14/03 Prepays & 545618 661,908.82 3/14/03 Regular 546156 1,140,055.62 $3,169,994.63 Approval of checks issued for pa, olloll for February 16 and paid on March 5, 2003: Date Check Numbers Amount 3/5/03 Checks 268734-269030 $ 240,685.45 3/5/03 Advices 144551-145228 1,164,519.01 $1,405,204.46 Approval of checks issued for payroll for March 1 and paid on March 20, 2003: Date Check Numbers Amount 3/20/03 Checks 266031-269327 $ 259,224.82 3/20/03 Advices 145229-145916 1,147,550.66 $1,406,775.48 Council Agenda Item No. 6 A-B K E N T Kent, Washington • WnS",xar ON g March 4 , 2003 The regular meeting of the Kent City Council was called to order at 7 : 00 p m. by Mayor White. Councilmembers present : Clark, Epperly, Orr, White, Woods, and Yingling. Others present: Chief Administrative Officer Martin, City Attorney Brubaker, Police Chief Crawford, Public Works Director Wickstrom, Parks, Recreation and Community Services Director Hodgson, Community Development Director Satterstrom, Information Technology Director Mulholland, Finance Director Miller. Councilmember Peterson was excused from the meeting. Approximately 85 people were in attendance The flag salute was led by Cub Scout Pack 504 (CFN-198) CHANGES TO THE AGENDA From Council, Administration or Staff. Public Communications Items 4F and 4G, Consent Calendar Items 6D and 6E, Other Business Item 7B, and Executive Session Items 12A and 12B were added to the agenda Bids Item 8A was removed from the agenda . A correction was made to Consent Calendar Item 6C. (CFN-198) From the Public. Continued Communications Item 11A was • added aL the request of Bob O' Brien PUBLIC COMMUNICATIONS Employee of the Month. Mayor White announced that the Employee of the Month for March is Chris Beagle, Technical Services Supervisor. He noted that it is a pleasure to have someone of Chris' caliber in this City. Information Technology Director Mulholland added that Chris wears many hats as a Technical Services Supervisor and is responsible for PC and laptop programs in all the City' s buildings, and is respected by everyone . Beagle stated that he enjoys working at the City and with the people throughout the City. (CFN-147) King County Council Member Julia Patterson Update. Council Member Patterson explained that King County. Council District 13 has portions of the cities of Tukwila, Burien, SeaTac, Kent, Auburn, and all of Normandy Park, with 130, 000 people. She discussed issues affecting the area, such as housing, traffic, and business . • Patterson noted the County' s budget deficit and explained the reasons for it and issues which were affected. She outlined some of their new policies and pointed out that 1 Kent City Council Minutes March 4, 2003 • PUBLIC COMMUNICATIONS some may benefit Kent Patterson stated that she sponsored an ordinance creating the Commission on Governance, a nine person commission that will study King County' s government, including what services it should be providing, what it' s revenue sources should be, what the government should look like, whether it should be partisan, and so forth She explained the Regional Transportation Investment District, and said she's been serving as an alternate member on the Regional Transportation Investment District making sure that South King County needs are being met in that package Patterson stated that her office has been coordinating very carefully with Peter von Reichbauer' s office to do everything possible with your help and with the help from our community, to make sure that a Level 3 sex offender facility does not go to South King County. Patterson concluded by saying that she is proud to have Kent in her district and she is here to serve . Orr expressed appreciation for Patterson' s efforts on the • sexual predator siting issue, and noted that the Hearing is March 29 (CFN-198) Employee of the Year. Mayor White announced Mike Lane, Sr. System Analyst, as the Employee of the Year for 2002 . He noted that Mike' s ingenuity and drive typifies his commitment to deliver quality solutions to his customers and gets the job done . Information Technology Director Mulholland noted that Mike is the Permitting System' s go-to guy and that Mike helped integrate the document imaging system with the permit system, led the project to provide Touch Tone Inspections, worked with the Web master to have that information posted on the web; and worked with Customer Service in the selection and imple- mentation of a new cashiering system. She said Mike truly deserves this honor. Lane noted that the teamwork and enthusiasm that comes from the top is incredible, and thanked everyone (CFN-147) 2001 Government Finance Officers Association (GFOA) Annual Report Award. Mayor White read a Certificate of Achievement for Excellence in Financial Reporting for its • 2 Kent City Council Minutes March 4, 2003 PUBLIC COMMUNICATIONS comprehensive annual financial report for the fiscal year which ended December 31, 2001 and presented it to Assistant Finance Director John Hillman. Finance Director Miller recognized the Mayor and the Council for encouraging Finance to be involved in this program, as it shows the commitment of the leaders in their accountability to the citizens . She recognized the person who really puts this report together, John Hillman, noting that he gives a 110% all the time. (CFN-155&186) Proclamation - Red Cross Month. Mayor White read a proclamation noting that the American Red Cross has been helping citizens of King County for more than 100 years, by providing training and information to make individuals, schools and business safer. He proclaimed the month of March 2003 as "Red Cross Month" in the City of Kent and encouraged all citizens to Doin in honoring • the men and women, staff and volunteers, of this out- standing organization A representative from the Red Cross accepted the proclamation and stated that they are offering free CPR lessons at Highline Community College on May 22nd. (CFN-155) (ADDED) Safe Havens Grant. Councilmember Woods stated that the City of Kent is very fortunate to be one of only four governmental entities nation wide to receive a Safe Haven Demonstration Initiative Grant in the amount of $500, 000 . She noted that three other grantees include the City of Chicago, State of Michigan and Santa Clara County, California, and that the grant will allow City human services staff, along with partnering agencies, to develop and operate a supervised visitation and exchange center that is expected to open in 2004 John Hodgson, Parks Director, noted that this grant will help provide a respectable, safe opportunity for children to be with parents in a safe environment . He commended Dinah Wilson for making this happen 3 Kent City Council Minutes March 4, 2003 PUBLIC COMMUNICATIONS Katherin Johnson, Manager of Housing & Human Services, commended Wilson, noting that she is very committed to domestic violence issues and making our children's life safer. She thanked the Mayor and Council for their support, and the City Attorney' s Office and Sharon Hayden, for their efforts to make Kent a safe place . Dinah Wilson, thanked Hodgson, Johnson, Hayden, and all Community Partners for their support . It was really easy to do this because they were so supportive and so encouraging they basically, when I brought the idea to them they lust said go with it and that was all the incentive I needed because I knew it was important initiative for us to try to get for our city. I've been working with domestic violence arena for a long time so I really know the issues that go into supervised visitation and the kids' really need this and to me it was a tragedy that we didn' t have this in our community because we know the courts have to have somewhere to send our children when they order supervised visits . I want to thank • Sharon for her support and I really want to thank the community partners because they were very supportive to us when we applied for this grant : Chaya, the YWCA South King County Branch, Communities Against Rape & Abuse (CARA) , King County Coalition Against Domestic Violence, Washington State Coalition Against Domestic Violence and a really important partner is the King County Superior Court and look forward to making this happen and having a site here in Kent (CFN-118) (ADDED) Introduction of Appointee. Mayor White introduced Jim Edwards as his appointee to the Kent Drinking Driver Task Force . (CFN-122) CONSENT CALENDAR WOODS MOVED to approve Consent Calendar Items A through E, including the correction to Item C Clark seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 6A) (CFN-198) is of Minutes . Approval of the minutes of the regular Council meeting of February 18, 2003 . 4 • Kent City Council Minutes March 4, 2003 REZONE (OTHER BUSINESS - ITEM 7A) (CFN-121) Coblentz Rezone (RZ-2002-4) . This request by Michael and Betty Coblentz is to rezone approximately 12 58 acres of property from SR-8 , Single Family Residential, to MR-T16, Multifamily Residential Townhouse . The property is located at 22320 88th Avenue South near SR 167 . The Kent Hearing Examiner held a public hearing on January 23, 2003 and issued Findings, Conclusions and a conditional recommendation for approval on February 5, 2003 Matt Gilbert, Planner, explained that Mr. & Mrs . Coblentz request this rezone as the second of a two-step process towards establishing a multi-family townhome zoning on the property He added that informational language in Condition One of the Hearing Examiner' s recommendation has been included to ensure that any future developer on this site is aware of the fact that a concurrency analysis may be required at the time of development for this site . • ORR MOVED to accept the Findings, Conclusions and Recommendations of the Hearing Examiner on the Coblentz Rezone (RZ2002-4) , and to direct the City Attorney to prepare the necessary ordinance Woods seconded and motion carried. EASEMENT (OTHER BUSINESS - ITEM 7B) (CFN-171) (ADDED ITEM) Easement Release. Public Works Director Wickstrom spoke in the interest of saving time for a future home owner who' s closing on a house, and is sub]ect to this release agreement He explained that the house was built over a storm sewer, and as a result the builder has now relocated the storm sewer, has provided the additional easement for the alignment and asked that a portion of that easement be released Wickstrom noted that the builder takes the liability for any potential damage that the abandoned sewer would have with respect to the house in the future and recommended that the Mayor be authorized to execute the release and liability release • also 5 Kent City Council Minutes March 4, 2003 • EASEMENT WOODS MOVED to authorize the Mayor to execute the respective document for the release of a portion of a city easement on lot 8 of the plat of South Ridge Estates subject to the concurrence of the terms and conditions thereof by the Public Works Director and City Attorney. Orr seconded and motion carried. COMPREHENSIVE PLAN (OTHER BUSINESS - ITEM 73) (CFN-377) 2002 Annual Comprehensive Plan Amendments . By City ordinance, amendments to the Kent Comprehensive Plan are processed collectively once every year Applications for six (6) plan amendments were received by September 3 , 2002 which was the deadline for 2002 plan amendments Four (4) of these applications proposed changes to both the comprehensive plan and the land use and zoning maps The Land Use and Planning Board held a public hearing on January 27, 2003 . Charlene Anderson, Planning Services , briefly reviewed • the subject and she noted that the criteria used for analyzing the amendments included won' t adversely affect the public health safety and general welfare, it' s based on new information or circumstances have changed since adoption of the comp plan, and its consistent with the goals and policies of the comp and maintains concurrency among the land use, transportation and capital facilities elements She added that for rezones or changes to the zoning district map, similar criteria is consistent with the comprehensive plan compatible with development of vicinity, won' t unduly burden the transportation system, circumstances have changed substantially, and will not adversely affect health, safety and general welfare . Anderson then outlined the staff and Board recommenda- tions for each amendment . Upon the Mayor' s question as to whether any thought has ever been given to raising the impact fees on multi- family housing and lowing on single family if indeed its our intent to discourage multi-family housing and to encourage single family dwelling, Anderson noted that the . City does give exceptions to low income housing and 6 Kent City Council Minutes March 4, 2003 COMPREHENSIVE PLAN senior housing to facilitate that development and again it' s the calculations that really determine the fee . She noted for Yingling that the reason the Planning Board denied the Kent Capital Facilities Plan is that they were concerned that this material had not gone to the citizens for a vote. Anderson explained that the requirement says that the changes to the school district or the capital facilities plan of the school district need to be reviewed at the same time that there' s an update to the capital facili- ties element and that in most cases this occurs with annual amendments Knipp No. 1 ORR MOVED to approve the Land Use and Planning Board recommendation of denial of the Knipp amendment #CPA-2002-2 (A) and #CPZ-2002-1 :°roods seconded Orr commented that it doesn' t make sense to cut into two single family zoned properties and that extending that commercial zone that far up 132nd is not appropriate . White took with this particular proposal He said he talked with the gentlemen that runs the business on the property on the lower in the southern end on 132nd, which is an automobile air conditioning repair and Freon recycling business He pointed out that about a year ago this council passed an ordinance that forbade auto repair in a residential zone due to people who were repairing automobiles in typical residential neighborhoods, clog- ging the cul-de-sacs up with broken down vehicles, and basically not being good neighbors He said this gentlemen has been in business for over five years and there are no complaints with his neighbors He added that this particular property is certainly not residen- tial in nature, in fact, it abuts to the south commercial property. He expressed regret to see an action of the council that puts a business out of business and forces . them to move potentially out of the jurisdiction after being in business for five years . He asked whether it is possible to just approve that one with the existing 7 Kent City Council Minutes March 4 , 2003 COMPREHENSIVE PLAN business on because Orr' s concerns would not apply to that particular parcel if that' s the only one . Anderson explained that home repair operations and single family zones are listed as basically home occupa- tions, and that the ordinance that Councilmember White referred to actually has a sunset clause a year after the ordinance was effective or the expiration of a business license whichever is later. White said it' s his under- standing that the owner of that business has received notice that he must move . White reiterated that his question is whether it is possible to amend the proposal to include just that parcel City Attorney Brubaker suggested tabling the issue to allow time for research Orr agreed and moved to table until Mr. Brubaker has the information needed Woods seconded and the motion carried Later in the meeting, in regard to the Knipp amendment, Brubaker noted that it would be possible to restructure this rezone but only after having a second public hearing and considering all the details relevant to it , which would mean putting a halt to all of these amendments because under the Growth Management Act we have to con- sider all the affects of all the comprehensive plan amendments in concert before taking action He said it ' s not that we can' t do it but we couldn' t do it without forestalling this process for a period of some weeks . The Mayor asked Brubaker if there is a way to hold the abeyance of the business vacation on that property until such time as this comes back to the council, as there is concern about putting someone out of business . Brubaker clarified that under the current law in our state, to make an amendment to this first item would be allowable under certain conditions but only after having a hearing on the revised proposal . He noted that also under state law, all these amendments have to be con- • sidered and acted upon at the same time, and said if Council wishes to vote on item one on the proposal as 8 Kent City Council Minutes March 4, 2003 COMPREHENSIVE PLAN presented, they have that authority now and can act tonight and direct the city attorney to prepare the necessary ordinance for these comprehensive plan zoning amendments He said if they wish to go the other route with item 1 , the appropriate thing to do would be to defer all action on all items until a new proposal were brought to a public hearing and conditions considered of this new proposal and public input received He said it could come back along with all these other proposals in front of you now at that time, and that the net result of that would be a delay of 4 to 8 weeks Yingling said he wouldn' t want to delay the whole bunch of these amendments for this one and asked if Council could direct staff to postpone asking this business person to cease operations and give him non-conforming use for a period of time to come back next year when this all happens again and come back with a proposal that would be more amenable to acceptance by Council Brubaker said he ' ll do everything he can to forestall action on this property for one year so they' ll have time to resubmit a comp plan amendment and Council will have time to perhaps reconsider the ordinance that passed a year ago. ORR MOVED to approve the Land Use and Planning Board recommendation of denial of Knipp amendment #CPA-2002-2 (A) & #CPZ-2002-1 Woods seconded and the motion carried. Ruth ORR MOVED to modify the Land Use and Planning Board recommendation of denial of Ruth amendment #CPA-2002-2 (B) & 4CPZ-2002-2 based on the new information provided by the applicant through the testimony of Tom Deming at Habitat Technologies that the subject site has the status of being prior converted cropland. The modification would approve the comprehensive plan . amendment, but subject the zoning designation amendment 9 Kent City Council Minutes March 4, 2003 COMPREHENSIVE PLAN Council would be remiss in terms of trying protect our quality of life in our community if we didn' t support this Councilmember White said he also has some issues with school impact fees, the main one being the effect on housing prices and affordable housing He noted that the King County Association of Realtors says impact fees have the affect of raising the property taxes of other home owners in the same neighborhood, and that impact fees raise the price of a finished home by two to four times the amount of the fee He said that when that happens, the higher price pulls up the value of all other homes in the neighborhood, and higher assessed values means higher property taxes He said property values and property taxes have gone up over the last several years that impact fees have been in effect . He added that this does not include the impact fee for the sewer or the water that are added on He said that since these fees pull up the value of existing properties the necessary bonds that are passed for the construction pro]ects impact existing property owners more than they would otherwise simply because of the pull up affect that the impact fees have on existing housing White said the city has the entire responsibility and authority to determine the amount of any impact fee and is responsible for defending the legality of amounts included in the fee calculation in the event of a challenge, but that no supporting information has been provided to him to Dustify the increase Councilmember Yingling stated that a balance is needed between new home construction and those homes and those property owners that already exist, and this is one way to get a little bit of that balance Clark said it is true that school impact fees can add to the cost of housing per se, but it is not true that that automatically, with increased valuations of the neighbor- hood, means that the tax bill is higher. He said the thing the drives property taxes is the millage rate and the millage rate is based upon the indebtedness that has been levied on a general area, so in this case, that 18 Kent City Council Minutes March 4, 2003 • COMPREHENSIVE PLAN would be everybody in the Kent School District , and in effect it is the tax bill for the community. Orr reminded White that the City has the ability to approve fees by the ordinance which sets out the formula to use She noted that staff does the review to ensure they have met those requirements White stated that he has to take that on faith because he was not provided with any information that shows that the ordinance has been followed He agreed with Clark that the property tax is based on the millage rate, but said the millage rate is a function of the assessed value of the home and when the cost of housing goes up in a neighborhood it necessarily increases the property value on which the millage rate is calculated Epperly agreed with White on property taxes . • hied High, Executive Director of Finance for the Kent School District, noted that their initial goal in putting together the impact fee program almost a dozen years ago was to minimize property taxes for the capital con- struction needed to meet growth, and encouraging our voters to continue to vote for new capacity issues knowing that they didn' t have to go it alone He noted that in the last 22 years, the Kent school district has built 20 new schools, doubled the population and provided adequate facilities during that period. He added that they are currently under construction on additions to three of our high schools to expand capacity at that level , that secondary schools happen to be the highest growth area right now, and that eight to ten thousand units district-wide are still in the pipeline He explained that Kent' s student generation factor happens to be one of the highest in the metro Seattle area at 3ust under . 9 child per single family housing, and a corresponding figure for multi-family. He noted that even with an impact fee program that ' s been in place with the County for nine years and the City for the past six, the Kent area is still one of the most affordable places • to live from a housing standpoint and certainly to build a single family residence . 19 Kent City Council Minutes March 4 , 2003 • COMPREHENSIVE PLAN High noted that the Board of Directors deliberately choose not to raise the fee until all the court decisions on Initiative 697 requiring a vote on impact fees were made . He said 9 7% increase represents three years of CPI , and that' s all He noted that when they entered the impact fee program all those years ago, they made a commitment to this Council, to the County Council, and to our public that they would keep the fees as reasonable as possible, and that if we were to run the numbers straight on the facts available right now, they would be asking for $900 more on that fee , but that all they' re asking for is CPI because they feel they need to keep that commitment to keep fees reasonable He added that this plan was carefully considered by the Board of Education, it ' s been reviewed by the School Technical Review Committee at King County, and it' s on its way to being approved by the City of Covington. Dick Cook, parent and member of the Citizens Budget Review Committee for the School District, emphasized that • the impact fees do represent a savings to the existing tax payers in Kent He said since the impact fees have been implemented, they have collected $22 million district-wide, $9 million of which have come from development within the City of Kent He said impact fees are critical to keeping the tax levy lower and to keeping tax bills lower, and that without impact fees local tax payers have to foot the bill for a much larger share of the infrastructure that is being caused by new development . Cathy Foster, parent of two children in the Kent School District and member of the Citizens Budget Review Committee, said impact fees are only used to increase the capacity of the new students brought into the district , such as for new school buildings, additional classrooms or portables She urged the Council to vote for this in order to keep the Kent School District the strong school district that it is . Connie Baseman, taxpayer in the Kent School District , opined that this is not a huge affordability issue, and • that buying a house in a viable school district is a worthwhile investment On the fairness issue, she said 20 • Kent City Council Minutes March 4 , 2003 COMPREHENSIVE PLAN the needs of the existing tax payer, the new resident and the low income, are addressed and there is some balance . She said the fees pay only about 280 of a very under- estimated low end figure of the cost of providing for these students . Gary Young, Polygon Northwest Company, expressed ap- preciation to the Kent School District and the tremendous work that the district does . He said that as a builder, they' re very concerned about the affordability issue He stated that the funding process in this state is a real challenge in terms of how the school districts are forced to operate in terms of how they fund. He added that it' s important that message continues to come from the local ]urisdictions and from the districts that continue to push this issue to the higher levels of the state so that proper legislation can be enacted He said it' s important that the Council move ahead in supporting fees and that the school district will acknowledge the needs • of the city He noted chat Cities, Districts, and builders are having difficulty in a recession, but if all work towards a better solution and in a cooperative way we' re going to get much better results . He concluded by saying the fee issue should be looked at and that they support the school district Upon a roll call vote, the motion carried four to two, with Epperly and White opposed. Federal Way School District ORR MOVED to deny the Land Use and Planning Board recommendation of denial of number #CPA-2002-2 (E) , the Federal Way School District Plan and approve that proposal Woods seconded Orr noted that all of the previous requirements and reasons apply, so she supports approval of their plan Sally McClain, Chief Financial Officer of the Federal Way School District, noted that the plan Council is con- templating this evening was approved by their Board on 21 Kent City Council Minutes March 4 , 2003 • COMPREHENSIVE PLAN July 23 , 2002 and then was submitted to the City of Federal Way, the King County School Technical Review Board and the City of Kent for their consideration and due process . She said that student generation rates for secondary schools are higher than they have been in the past, and that they have several projects in the works which are playing into that school impact fee at this point in time, such as a public academy, our fourth comprehensive high school and additions at all three of the existing high schools, and the Truman High School which opened last Monday. She noted that the Federal Way school board and City Council have also been very concerned about tax rates for the area Upon a roll call vote, the motion carried four to two, with Epperly and White opposed. City of Kent Capital Facilities Element ORR MOVED to deny the Land Use and Planning Board . recommendation of denial of #CPA-2002-2 (F) , City of Kent Capital Facilities Element and approve the proposal Woods seconded. Orr noted that this is the City' s Capital Plan, and that although it was turned down by the Land Use and Planning Board, it' s important that the Council approve it. The motion carried. ORR MOVED to direct the City Attorney to prepare the necessary ordinance that incorporates all the previous motions tonight . Woods seconded, and the motion carried EPPERLY MOVED to direct city staff to take all acts necessary to restrict Prager Road South of 212th Street so that it will be closed to through traffic and to complete this process within one year. Orr seconded, and the motion carried. The Mayor reminded Mr Wickstrom that this motion doesn' t let him off the hook for our three month directive from earlier. • 22 Kent City Council Minutes March 4 , 2003 COMPREHENSIVE PLAN Woods extended appreciation to staff for all the hard work they've done on the comp plan amendments, and also to the Land Use and Planning Board for their delibera- tions and all of the citizens who contributed during the public hearings PARKS (CONSENT CALENDAR - ITEM 6C) (CFN-118) King County Youth Sports Facility Grant. Accept the youth sports facility grant, authorize the Mayor to enter into an agreement with King County and amend the Wilson Playfields budget by adding $50 , 000 00 . Funds will be used for field equipment , dugout benches, and bleachers at Wilson Playfields (previously East Hill Youth Sports Complex) It was clarified that this item is recommended by the Operations Committee • COUNCIL (CONSENT CALENDAR - ITEM 6D) - (CFN-198) Council Absence. Approval of a request for an excused absence from tonight' s meeting from Council member Peterson, who is unable to attend. POLICE (CONSENT CALENDAR - ITEM 6E) (CFN-122) (ADDED ITEM) Appointment to Drinking Driver Task Force. Confirma- tion of the Mayor' s appointment of Jim Edwards to serve as a member of the Kent Drinking Driver Task Force. Mr. Edwards manages the South Seattle Auto Auction as an employee of the Ford Motor Company and is a resident of Kent but grew up in the Federal Way area. Mr. Edwards will replace John Bond and his term will continue until 1/1/2006 . FINANCE (CONSENT CALENDAR - ITEM 6B) (CFN-104) Approval of Bills . Approval of payment of the bills received through February 15 and paid on February 15 • after auditing by the Operations Committee on February 18, 2003 . 23 Kent City Council Minutes March 4, 2003 FINANCE Approval of checks issued for vouchers . Date Check Numbers Amount 2/15/03 Wire Transfers 1357-1365 $ 921, 551 . 69 2/15/03 Prepays & 544477 1, 330, 091 79 2/15/03 Regular 545042 909, 284 . 71 $3 , 160, 928 . 19 Approval of checks issued for payroll for February 1 through February 15 and paid on February 20 , 2003 Date Check Numbers Amount 2/20/03 Checks 266594-266891 $ 238, 969 91 2/20/03 Advices 142226-142909 1 , 192, 537 41 $1 , 431, 507 . 32 REPORTS Planning Committee. Orr noted that the Planning • Committee will be meeting March 18 at 3 : 00 p m. She said she is very appreciative of staff , the Land Use and Planning Board, everyone that ' s worked so hard, all the citizens, all the applicants that went into the Comp Plan Amendments . She also urged everyone to come out on Saturday for the opening of the pool . (CFN-198) Parks Committee. Woods announced that the Parks Committee will meet on Tuesday, March llth at 4 . 00 p.m. She mentioned the grand reopening of the pool on Saturday, March 8, at 1 : 00 p.m and announced that the Clark Lake Master Plan meeting will be held next Wednesday, March 12 at 6 . 30 p.m. at Martin Sortun elementary school which is on 248th directly across from the park itself . She then added ended with the news that the City has received it' s 2003 Community Development Block Grant allocation in the amount of $973 , 000, which is nearly $400 , 000 more than in 2002 . (CFN-198) Administrative Reports. Martin reminded Council that there are two items for executive session, and that Council may want to take action on one of those items . . (CFN-198) 24 Kent City Council Minutes March 4, 2003 CONTINUED COMMUNICATION Kent Station. Bob O'Brien, 1131 Seattle Street , ex- pressed concern about arsenic poisoning and the former location of Northwest Metal Products Mayor White responded that the area was cleaned up when the Regional Justice Center was built, that it has been taken care of, and there is a clean bill of health on this property He said the Kent Station project is moving ahead and will be the finest thing to hit the downtown area of Kent in the last 100 years He com- mented that a group of folks want to run for office and have been criticizing this Council and Administration, and said their challengers need to be using the same three minutes every week He said the allegations of this group doesn' t hold water (CFN-171) EXECUTIVE SESSION The meeting recessed to Executive Session at 9 . 50 p m (CFN-198) AFTER EXECUTIVE SESSION The meeting reconvened at 9 55 p m WOODS MOVED to authorize the Mayor to execute the neces- sary documents associated with the sale of real property in the vicinity of 196th Street and 181st Street that was purchased for and is now surplus to the 196th Street Corridor project , subject to the City Attorney and Public Works Director' s concurrence with the final terms and conditions thereof Orr seconded and the motion carried (CFN-198) ADJOURNMENT WOODS THEN MOVED to adjourn Orr seconded the meeting adjourned at 9 55 p m (CFN-198) Brenda Jacober, CMC City Clerk • 25 Alffil K E N T Kent, Washington • W/.S HIw4T0• March 18 , 2003 The regular meeting of the Kent City Council was called to order at 7 00 p m by Mayor White Councilmembers present Clark, Epperly, Orr, Peterson, White, Woods and Yingling Others present Chief Administrative Officer Martin, City Attorney Brubaker, Public Works Director Wickstrom, Community Development Director Satterstrom, Finance Director Miller, and Police Chief Crawford Approximately 25 people were in attendance The flag salute was presented by Boy Scout Troop 403 . (CFN-198) CHANGES TO THE AGENDA From Council, Administration, or Staff . Councilmember Woods noted that Consent Calendar Item A is deferred and Chief Administrative Officer Martin removed the Executive Session from the agenda (CFN-198) From the Public . Continued Communications 11A and 11B were added by members of the audience . (CFN-198) PUBLIC COMMUNICATIONS Absolutely Incredible Kid Day. Mayor White read a • proclamation JeclariIig March 20 , 2003 as "Absolutely Incredible Kid Day" in the City of Kent and encouraged all adults, moms, dads, grandparents, aunts and uncles, teachers, mentors and other adults alike to participate and make a difference in the life of a child Camp Fire USA urges all adults to compose letters to the children in their lives and mail or deliver them personally to their Absolutely Incredible Kids (CFN-155) CONSENT CALENDAR WOODS MOVED to approve Consent Calendar Items B through Q. Orr seconded and the motion carried STREET VACATION (PUBLIC HEARINGS - ITEM SA) (CFN-102) Pacific Land Consulting, S .E. 266th St. Street Vacation. Resolution No . 1634 established March 18 , 2003 , as the public hearing date for the application by Mark Holland of Pacific Land Consulting, Inc . , to vacate a portion of SE 266th St between 128th and 132nd Avenues SE (STV-2003-1/KIVA 2030665) A staff report recommending approval with conditions was included in the Council ' s • packet . 1 Kent City Council Minutes March 18, 2003 • STREET VACATION Charlene Anderson, Planning Manager, stated this proposal vacates SE 266th Street, between 128th and 132nd Avenue SE and is related to Highland Park Subdivision Anderson showed an overhead of the proposed street vacation She stated that staff is recommending approval with condi- tions relating to access to the Springwood Detention area which is part of the subdivision and that there is enough roadway for proper pedestrian access to the park areas along 128th Mayor White opened the Public Hearing Clay Loomis, 25813 NE 25th Street , Redmond, representing Pacific Land, stated that they were in complete compliance with the recommendations but wanted to make a couple of clarifica- tions under Section 4 Item 2 which states that the right- of-way will remain on both 128th and 132nd. Loomis noted that it was their understanding that both of the dimen- sions were from the center line and some verbiage based on township and ranges but believed it was a dimension • set from centerline for -the future right-of-v;ay of both streets . He also noted that Highland Park was con- ditioned originally on 128th for a 40 feet right-of-way not a 50 feet right-of-way and had to be cleared up by staff . Loomis stated that Number 4 , under Sec . 4, talked about continuing access from 128th Avenue to 132nd and the condition narrowed it to a 20 feet pedestrian access and utility access in the existing right-of-way to be vacated in the future and would need to provide access from 128th to 132nd whether it was in that vacated right- of-way or some other route, as long as it was adequate and met the condition He also noted that it was their understanding there were no land-locked properties except one property that currently had access off of SE 265th which would also have access there in the future There were no further comments and WOODS MOVED to close the public hearing Orr seconded and motion carried Public Works Director Wickstrom spoke about leaving the 50 feet on 128th because it would be harder to get the right-of-way back, versus selling it in the first place • Wickstrom also stated that the centerline was the location which was measured and that the existing right- of-way on 128th was 50 feet in total width including the 2 Kent City Council Minutes March 18, 2003 • STREET VACATION existing 20 feet and the 30 feet the city keeps of that section of 266th. In answer to Councilmember Peterson' s question, Wickstrom stated that the property owner would pay less because the right-of-way was less City Attorney Brubaker clarified that Section 4 Subsection 4 , the reference to the pedestrian pathway and easement for utility purposes, would not have to be within the portion of the right-of-way to be vacated It would read, "20-foot-wide easement for pedestrian pathway and utility purposes, as determined necessary by the City' s Public Works Director and Parks and Recreation Director " ORR MOVED to approve the staff' s recommendation of approval , with conditions of the application, to vacate a portion of SE 266th St between 126th and 132nd Avenue SE, as referenced in Resolution No 1634 , and to direct the City Attorney to prepare the necessary ordinance upon • compliance with the conditions of approval in7cods seconded and the motion carried PUBLIC WORKS (CONSENT CALENDAR - ITEM 6C) (CFN-847) Del Webb/Steiner Sanitary Sewer. Accept the Del Webb/ Steiner Sanitary Sewer pro3ect as complete and release the retainage to Fury Construction Company upon standard releases from the state and release of any liens, as recommended by the Public Works Committee The original contract amount was $94 , 468 86 The final contract amount was $106 , 402 69 Adequate funds exist within the pro3ect budget to cover this overage (CONSENT CALENDAR - ITEM 6D) (CFN-1038) Washington State Department of Transportation SR 167 Corridor Pro3ect Environmental Impact Statement Interlocal Agreement. Authorization for the Mayor to sign an Interlocal Agreement with Washington State Department of Transportation for the purpose of planning for future improvements in the SR 167 Corridor subject to the Public Works Director' s concurrence of the language • therein, as recommended by the Public Works Committee. 3 Kent City Council Minutes March 18, 2003 • PUBLIC WORKS (CONSENT CALENDAR - ITEM 6E) (CFN-1275) James and Central Intersection Improvements, Condemnation Ordinance Adoption of Ordinance No 3635 authorizing condemnation of a portion of the east side of Central Avenue at the James Street/Central Avenue Intersection, as recommended by the Public Works Committee (CONSENT CALENDAR - ITEM 6L) (CFN-1134) Puget Sound Energy Construction Agreement for 1st Ave. N. 6 4th Ave . N. Underground Conversion. Authorization for the Mayor to sign an Agreement with Puget Sound Energy to convert the overhead utilities within the 1st Avenue N/ 4th Avenue N project to underground subject to the Public Works Director' s and the City Attorney' s concurrence of the language therein, as recommended by the Public Works Committee . (CONSENT CALENDAR - ITEM 6M) (CFN-1038) 2nd Avenue Extension, W. Temperance St. to 4th Avenue. • Accept the 2nd Avenue Ext - 14 Temperance St to 4th Avenue project as complete and release the retainage to R W. Scott Construction upon standard releases from the state and release of any liens, as recommended by the Public Works Director. The original contract amount was $751 , 123 75 The final contract amount was $515, 342 . 03 (CONSENT CALENDAR - ITEM 6Q) (CFN-131) Master Plan Development PUD Modification Ordinance. As approved by the Planning Committee on March 18 , 2003 , direct staff to provide appropriate public notice for a public hearing on April 1, 2003 regarding master planned developments . The City Council previously adopted this ordinance, but subsequently repealed it because required notice had not been provided to the State of Washington. Notice to the state has now been given. This motion requires staff to post appropriate notice for a public hearing on this matter on April 1 , 2003 . Council will allow interested persons who wish to appear and speak at the hearing up to three (3) minutes to address the council Anyone who wishes to submit written materials may do so up to the close of the hearing . After the hearing, council will be able to enact the ordinance. 4 Kent City Council Minutes March 18, 2003 • PUBLIC WORKS (BIDS - ITEM 8A) (CFN-1038) 1st Avenue North/4th Avenue North Widening and Utility Trenching. The bid opening for this pro] ect was held on February 21st with eight bids received The low bid was submitted by Pivetta Brothers Construction, Inc in the amount of $754 , 461 90 The Engineer' s estimate was $913 , 986 00 The Public Works Director recommends awarding this contract to Pivetta Brothers Construction, Inc CLARK MOVED that the 1st Avenue North/4th Avenue North Widening and Utility Trenching Project Schedules I , II , IV, V and VII contract be awarded to Pivetta Brothers Construction, Inc for the low bid amount of $754, 461 90 Woods seconded and the motion carried ZONING PLAN AMENDMENTS (OTHER BUSINESS - ITEM 7A) (CFN-131) 2002 Annual Zoning Plan Amendments Ordinance . This • Ordinance relates to zoning map changes CFZ-2002-2 , CPZ- 2002-3 , and CPZ-2002-4 , and would amend the zoning map designations of parcels of property more specifically identified in the ordinance . This matter was placed on Other Business in order to clarify the parcels of property affected by the condition imposed on the Ruth amendment (CPZ-2002-2) Planning Manager Anderson noted a clarification for the Ruth property and where the drainage impacts would be and that the motion was meant to include all of the sanctuary plat She said, however, the map that was attached to the original motion and depicted in that motion was lacking a couple of parcels Those parcels were listed in the current ordinance ORR MOVED to adopt Ordinance No. 3640 relating to zoning map designations of parcels of property as described in the ordinance . Woods seconded and the motion carried COMPREHENSIVE PLAN (CONSENT CALENDAR - ITEM 6I) (CFN-377) • 2002 Annual Comprehensive Plan Amendments Ordinances . Adoption of Ordinance No. 3636 relating to 2002 Comprehensive Plan Amendments CPA-2002-2 (A) , 5 Kent City Council Minutes March 18 , 2003 • COMPREHENSIVE PLAN CPA-2002-2 (B) , CPA-2002-2 (C) , CPA-2002-2 (D) , CPA-2002- 2 (E) , and CPA-2002-2 (F) ; and adoption of Ordinance No. 3637 relating to school impact fees These ordinances would• (1) amend the comprehensive plan' s land use map designations of parcels of property more specifically identified in the ordinances, (2) amend the school impact fee schedule contained in section 12 13 160 of the Kent City Code, and (3) amend the Capital Facilities Element of the Comprehensive Plan REZONE (CONSENT CALENDAR - ITEM 6J) (CFN-121) Coblentz Rezone Ordinance . Adoption of Ordinance No 3638 relating to land use and zoning, rezoning property comprised of approximately 12 58 acres of property located at 22320 88th Avenue South, from Single Family Residential , eight (8) units per acre (SR-8) , to Multifamily Residential Townhouse (MR-T16) , (Coblentz Rezone, # RZ-2002-4) . POLICE (CONSENT CALENDAR - ITEM 6K) (CFN-122) Extension of Occupational Health Services Contract for Medical Services . Approval of "Addendum One and Extension to Contract for Services" with Occupational Health Services (OHS) for an additional four months beginning 04/01/03 and ending 07/31/03 . OHS provides certain required medical services to the inmates of CKCF PARKS, RECREATION AND COMMUNITY SERVICES (CONSENT CALENDAR - ITEM 6N) (CFN-839) Western States Arts Federation TourWest Grant . Accept the Western States Arts Federation (WESTAFF) TourWest Grant and amend the Arts Commission budget for $2, 250 00 Funds were used for the Linda Tillery and the Cultural Heritage Choir performance in February 2003 . (CONSENT CALENDAR - ITEM 60) (CFN-118) Violence Against Women Association Grant . Accept the Safe Havens Supervised and Safe Exchange Grant from the Department of Justice, authorize the Mayor to execute • appropriate contracts and establish a budget for $500 , 000 00 . 6 Kent City Council Minutes March 18, 2003 • PARKS, RECREATION AND COMMUNITY SERVICES The City of Kent is one of four governmental entities nation wide to receive a Safe Havens demonstration initiative grant from the Department of Justice . Funds are provided through the Violence Against Women' s Act 2000 (VAWA) to implement the opening of a center for supervised visitation and safe exchange of children, by and between parents, in situations involving domestic violence, child abuse, sexual assault, or stalking (CONSENT CALENDAR - ITEM 6P) (CFN-118) Kent Pool Budget . Authorize the transfer of $75, 000 00 from the Youth/Teen Utility Tax Capital Fund and $20 , 000 00 from the Contingency Fund and establish a budget for the Kent Meridian Pool The City of Kent accepted the transfer of the Kent Meridian Pool from King County The city is subleasing the pool to Aquatic Management Group, Inc (AMG) Aquatic Management Group will provide a variety of adult and • youth swum programs incloding lessons, water exercise, public swims, special events and swim team activities The city will provide an initial $70 , 000 . 00 to AMC for start up costs . The city will receive free use of the pool for special recreation and youth programs for these funds . In addition, the city will provide up to $20, 000 00 annually in subsidy funding LODGING TAX (CONSENT CALENDAR - ITEM 6F) (CFN-1170) Lodging Tax Advisory Board Member. Confirmation of Kent Downtown Partnership Executive Director Jacquie Alexander to the Lodging Tax Advisory Board Ms Alexander has been Executive Director of the Kent Downtown Partnership since March 2002 . She was previously Executive Director of the Shelton Chamber of Commerce and Olympia Chamber of Commerce and worked at the Washington State Capitol for the legislature and for the Visitor' s Center ECONOMIC DEVELOPMENT (CONSENT CALENDAR - ITEM 6G) (CFN-825) Economic Development Strategic Plan Contract. . Authorization for the Mayor to sign the contract with Berk & Associates to draft an Economic Development Strategic Plan for the City of Kent in the amount not to 7 Kent City Council Minutes March 18, 2003 • ECONOMIC DEVELOPMENT exceed $26 , 000 , as recommended by the Operations Committee Berk & Associates is a policy and management consultant firm that will assist the City in drafting the Economic Development Strategic Plan, which will be presented to the Council this fall . The consultant' s work will include development of recommendations , preparation of technical background sections, identification of roles and responsibilities of the various economic develop- ment partners, timelines for the recommendations, and establishment of benchmarks and measurable outcomes for the strategies In addition, the consultant will develop a graphic layout and report design to enhance the Plan' s effectiveness as a communication tool with the public and with future investors in the City of Kent (CONSENT CALENDAR - ITEM 6H) (CFN-825) Business Sector Research Contract . Authorization for • the Mayor co sign the contract with the University, of Washington Daniel J Evans School of Public Policy to conduct business sector related research related to the development of the City' s Economic Development Strategic Plan for the City of Kent , in the amount not to exceed $31, 000 , as recommended by the Operations Committee This contract and scope of work is with the University of Washington (UW) Daniel J Evans School of Public Policy (Dr Paul Sommers) . Dr Sommers will conduct predicted market demand and issues for key South King County market subsectors and will identify what actions the City and other Kent agencies could take to influence the rate of growth in these sectors These actions will be con- sidered for inclusion in the City' s Economic Development Strategic Plan, which will be presented to Council this Fall The UW contract will also examine best practices in economic development in other regions of the United States related to the key issues identified in the sector analysis FINANCE (CONSENT CALENDAR - ITEM 69) (CFN-104) • Approval of Bills. Approval of payment of the bills received through February 28 and paid on February 28 8 Kent City Council Minutes March 18, 2003 • FINANCE after auditing by the Operations Committee on March 4 , 2003 Approval of checks issued for vouchers Date Check Numbers Amount 2/28/03 Wire Transfers 1366-1375 $1, 224 , 207 . 96 2/28/03 Prepays & 545043 345, 346 79 2/28/03 Regular 545617 2 , 180, 759 66 $3 , 750 , 314 .41 REPORTS Council President Woods noted that the Suburban Cities Association Quarterly membership meeting would be held on April 9 , hosted by the City of Kirkland Councilmember Orr stated that the newspaper had an incorrect date for the deadline to the Drinking Driver • "Keep A Friend Alive" Poster contest She noted that the deadline was March 28 Administrative Reports . Chief Administrative Officer Martin announced that the second round of public hearings for the sexual predator housing site would be held on Saturday, March 29 from 11 00-1 00 p m. at the Washington State Criminal Justice Training Commission Auditorium, 19010 First Avenue South, Burien He added that people who wished to speak to a DSHS representative could do so during an informal period beginning at 10 30 CONTINUED COMMUNICATIONS (CONTINUED COMMUNICATIONS - ITEM 11A) (CFN-171) Environmental Review and Community Impact Mitigation for the Kent Station Bob O' Brien, 1131 Seattle St , commented that he was not running for any political office nor was a member of any organization. He stated that the City of Kent purchased a hazardous waste site, the Borden property called Kent Station and that if he had purchased that site as a citizen, he would have had to go through the procedures the City had established to • make sure that the citizens were protected He commented that the City of Kent should follow procedures in the 9 Kent City Council Minutes March 18, 2003 • CONTINUED COMMUNICATIONS same way an ordinary citizen would, and later, if questions are asked regarding the procedure that someone in the city would have had to sign off on the procedure Mr O' Brien stated that he had asked for that document and had not received it from the City CAO Martin stated that every aspect of the environmental mitigation had been done and that the prospective developer was quite anxious to proceed and was willing to purchase the property Mayor White asked whether an insurance policy had been purchased. He said if there had been any concerns the insurance policy would not have been issued Martin said it had been issued Councilmember Yingling asked Martin whether the Borden site was a hazardous waste site. Martin replied that the City had no knowledge of it being a hazardous waste site (CONTINUED COMMUNICATIONS - ITEM 119) (CFN-186) Budget . Ted Kogita, 25227 Reith Road, stated that during 2003-2004 the City would be naving a budget crunch somewhere around $6 million and freezing all hiring and all raises He stated that in the 2003 budget, the total was $182 , 000 for the 2003 City Art Plan He also spoke regarding other expenses for salary and administration $77 , 683 , a salary for one person; maintenance , $6,567 , insurance, $1, 800 ; and design fees professional service, $6, 414 Mr. Kogita noted that there is a beautiful ]unior college with artists who could design for a third of that money, and produce ironwork in con3unction with the artist He stated the Vietnam Memorial was designed by a non-professional and yet the City went out and hired those people Mayor White commented that every city employee received a raise, including the Council and the Mayor this year He also commented that if Mr. Kogita wanted to propose repealing the ordinance, he could choose to do so Councilmember Woods commented that an ordinance passed about 15 years ago provided the Cultural Arts Program with $2 per capita out of the general fund. She noted • that the Operations Committee reviewed that ordinance in 2002 , in anticipation of doing the 2003 budget She stated that the City was confronting a multi-million 10 Kent City Council Minutes March 18, 2003 • CONTINUED COMMUNICATIONS dollar short fall again this year and that the city would not be able to make up the difference by eliminating small programs, but may have to lay people off Councilmember Yingling stated that as Chair of the Operations Committee the programs were reviewed and it was determined that the funds were being utilized appropriately and properly handled He also stated that the little bit that was spent on the arts and on children greatly benefits the community ADJOURNMENT At 7 . 37 p m. , WOODS MOVED to adjourn Epperly seconded and motion carried pro� ZZ, Mary Simmons • Acting City Clerr. i 11 Kent City Council Meeting Date April 1, 2003 Category Consent Calendar 1 SUBJECT: EL GRULLO SISTER CITY RESOLUTION 2. SUMMARY STATEMENT: Passage of Resolution No. establishing a sister city relationship between the city of Kent and El Grullo, Jalisco, Mexico. A group of Kent citizens and the City of Kent have had a Friendship City relationship with the city of El Grullo, Jalisco, Mexico for the past year. The communities have exchanged delegations and developed a work plan for ongoing relations. El Grullo recently invited Kent to form a formal sister city relationship. The necessary requirements for formation of this relationship have been satisfied. 3. EXHIBITS: Resolution and background memo 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X 6 EXPENDITURE REQUIRED: $750 SOURCE OF FUNDS: International Relations Division funds 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION- Council Agenda Item No. 6C RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, relating to the establishment of a sister city affiliation between the city of Kent and the city of El Grullo, Jalisco, Mexico. WHEREAS, the mayor and the city council have received word that citizens and the city of El Grullo, Jalisco, Mexico have invited the city of Kent to become a sister city, and WHEREAS, to officially create this sister city affiliation, a group of Kent citizens has formed a committee, elected leadership, collected initial funding donations and dues, and proposed to operate under the auspices of the Kent Sister City Association and in accordance with the Sister Cities International program, and WHEREAS, through the initial friendship city affiliation established by Kent and El Grullo citizens in early 2002, both cities exchanged visiting delegations, each delegation focusing on the educational services, social services, businesses, municipal operations, and cultural benefits offered by the respective cities, and WHEREAS, a relationship with El Grullo, Jalisco, Mexico would meet the objectives and criteria for forming a sister city relationship, as set forth in city of Kent Resolution No 1380, including enhancement of cultural, education, technical, trade and tourism opportunities, as well as concern for quality education, growth management, international ties and comparable citizen and government support for this sister city relationship, and WHEREAS, both cities have confirmed an interest to formally establish a Sister City relationship, NOW, THEREFORE, t Sister City Affiliation - El Grullo, Jalisco, Mexico THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. - Acceptance of Invitation The city of Kent, Washington, accepts the invitation of the city of El Grullo, Jalisco, Mexico to become its Sister City and agrees to encourage the exchange of ideas to share education, business, professional, cultural, and other programs designed to facilitate the relationship between the two cities, and to create better understanding and goodwill between the citizens of the two cities and their two nations. SECTION 2. - Severabihty. 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 3. - Ratification Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed SECTION 4. - 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 April, 2003 CONCURRED in by the mayor of the city of Kent this day of April, 2003 JIM WHITE, MAYOR 2 Sister City Affiliation - El Grullo, Jalisco, Mexico . ATTEST BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM TOM BRUBAKER, 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 April, 2003 BRENDA JACOBER, CITY CLERK P GuIEIGrvIIUMex¢o-Rmlmwn dr • 3 Sister City Af thatiou - El Grullo, Jalisco, Merico • OFFICE OF THE MAYOR Jim White, Mayor \IWL4400 Phone 253-856-5700 Fax 253-856-6700 KEN T Address 220 Fourth Avenue S WA5HIHGTON Kent,WA 98032-5895 DATE: March 4, 2003 TO: Kent City Council Operations Committee FROM: Dena Laurent, Assistant Chief Administrative Officer Joanne Schaut, International Programs Coordinator THROUGH Mayor Jim White SUBJECT: Proposed Sister City: El Grullo, Jalisco, Mexico SUMMARY: A group of Kent citizens and the City of Kent have had a Friendship City relationship with the City of El Grullo, Jalisco, Mexico for the past year The communities have exchanged delegations and developed a workplan for ongoing relations El Grullo recently invited Kent to form a formal sister city relationship The necessary requirements for formation of this relationship have been satisfied and staff recommends Operations Committee approval of the attached El Grullo, Mexico Sister City resolution MOTION I move to recommend/not recommend approval of the El Grullo, Mexico Sister City resolution to the Kent City Council BACKGROUND 1 Proposal to Kent City Council The (would be) El Grullo Sister City Committee is pleased to recommend formation of a sister city relationship between Kent and El Grullo, Jalisco, Mexico We request the Operations Committee recommend approval of this relationship. A draft resolution is attached If the Operations Committee recommends formation of the relationship, this resolution will be prepared in final form Background information and a brief El Grullo profile are included below 2 Conditions of City Council Approval for Sister City Relationship Kent City Council Resolution 1380 describes the criteria for formation of sister cities, wherein it is stated, "The City of Kent seeks international relationships that will enhance the understanding and cooperation of its citizens and the people of other countries." Said Resolution reads in part, that the purpose of the relationship shall be To Serve the Following Objectives 21 Increase citizen's awareness and understanding of another culture 22 Encourage educational opportunities and the exchange of technical methodology 23 Contribute to the development of trade and tourism Kent Council Operations Committee 1 El Grullo Sister City Resolution March 18,2003 And Share These Characteristics 24 Strong schools 25 Concern about impact of growth and change in their areas 26 Interest in developing cultural, recreational educational, governmental or economic ties with Kent 2.7 Organizational structure in place The above goals and objectives have been discussed between the Kent and El Grullo committees, and agreed by both cities to be the principles upon which their relationship is established Initial workplan components will include education and cultural elements, and opportunities for a variety of exchanges. 3 KSCA Board of Directors Approval The KSCA Board of Directors will be asked to approve the proposed sister city relationship. 4 Background. Benefits, and Relationship to Goals & Objectives (above) 4.1 Kent businessman Roberto Gonzales, brought forth the idea for the relationship on behalf of and with support from many prominent Kent and area businesspersons, the Mexican Consulate,Jorge Madrazo, in Seattle, Alberto Diaz, executive director of the Washington-Jalisco Mexico Sister State Association, and others Note that Washington and Jalisco became sister states in 1996 The Kent- El Grullo Sister City relationship will be the fourth such relationship for the State of Washington Cultural Awareness and Understanding The benefit of establishing a sister city relationship with El Grullo is to improve the cultural understanding of Kent residents, and gain knowledge through a variety of exchange programs. Kent area residents with ties to El Grullo are very interested in sharing their heritage with Kent residents The Kent Sister Cities Association could serve this interest through its organizational structure, programs, projects and affiliations 42 Organizational Structure The Kent-El Grullo Friendship City Committee is organized. Members have elected leadership, paid dues, and raised funds through donations In El Grullo, the Friendship Committee is headed by el Presidente, and includes municipal, educational,business, and private sector members. Both cities are poised and ready to go forward with a sister city affiliation. 43 In early January 2002, Kent and El Grullo, as a prelude to a formal sister city relationship, approved a Friendship City agreement The agreement initiated an alliance of cooperation intended to foster mutually beneficial exchanges,whether cultural, educational, commercial or other Genuine community interests were Kent Council Operations Committee 2 El Grullo Sister City Resolution March 18,2003 expressed by both cities, and an active group of citizens in both cities assure commitment to the relationship. 44 In July 2002, A four-member El Grullo delegation made its initial visit to Kent The delegation consisted of El Grullo Presidente, Ing Armando Nunez Ramos, his wife who is the El Grullo Social Services director, a Council member/teacher, and the Presidente's Secretano. The itinerary included overviews /tours of City Administration, Parks, Public Works, Police, Fire and other departments Kent- El Grullo Friendship Committee members facilitated visits with local Mexican business leaders, state and local officials, and members of the community The delegation participated in many Cornucopia events, and was in the parade Sharing of Ideas• The July 2002 El Grullo visitors took pictures of the Kent entrance sign Subsequently, el Presidente, members of his family, Council members and others hand-fabricated the new El Grullo entrance sign replicating the Kent design. Four flagpoles were installed, and a hand-made replica of the Kent flag was raised in dedication to the Friendship City relationship 45 In January 2003, a 7-member Kent delegation made its initial visit to El Grullo Others who were born in Ei Grullo, and now reside in the Kent area, or dually between Kent and El Grullo,Joined the delegation in El Grullo The delegation was received with great warmth by all of El Grullo, visiting various institutions, i e, Drug and alcohol rehab, elementary school, municipal offices, monastery, health rehabilitation, and an unfinished hospital Mayor and Mrs White were in the El Grullo fiesta parade. Education El Grullo, like Kent, is interested in the best education possible for their residents While the Kent School District is well funded, El Grullo is not, yet it provides every possible opportunity to its students Potential programs of benefit to schools in both cities could be through shadow-teacher programs perhaps in ELL and SLL Delegations from both cities have visited their counterpart's schools The Kent committee has determined that one of the first steps to be taken will be the shipment of books to an El Grullo primary school Additional social services agency education programs have recently been established in El Grullo to support high school graduation, literacy, and on-line educational programs Growth and Change Impact- Both Kent and El Grullo are concerned about the impact of growth and change in their areas One example of El Grullo stepping up to this impact is the establishment of a recycling center Recognized as the cleanest city in all of Jalisco,because of Mayor Nunez's efforts, it is the only city in the state of Jalisco with a recycling center The recycling center is self-sustaining (2-3 employees) The citizens have been educated on the need for and benefits of recycling, and are very good about separating glass, metal, paper products and plastic The general Kent Council Operations Corruruttee 3 El Grullo Sister City Resolution March 18,2003 garbage collection has dropped from 19,000 kilos daily(5 years ago) to a current . daily level of 11,000 kilos. Social Services: With state and local funding, El Grullo volunteers staff and manage a modest drug and alcohol treatment center, pea-patch projects, and the DIF (Development of Infants and Families). The latter is designed to keep families together, with emphasis on education, medical services, and the needs of children. 5. Overview of El Grullo Rich with centuries of history, El Grullo is located in the State of Jalisco, Mexico, southwest of Guadalajara The city population is 25,000, expanding to 40,000 to include its regional districts. It is located in a mountain-nmmed valley where the fertile soils and excellent climate are a natural for its primary industry, agriculture, i.e, sugar cane, fruits and vegetables. Beef,pork, goat and fish production comprises the second economic base El Grullo is 58 square miles in size and of typical Mexican architecture, storefronts with home and walled central garden plazas behind The primary food source is fruits, vegetable, goat, fish, chicken and beef Most homeowners house their livestock behind their homes El Grullo elects its Presidente and 10 Council members on one ballot for a three-year term The Council meets bi-monthly. The Presidente and Council members assigned to several working committees, meeting frequently on specific issues We look forward to talking with you about this opportunity at your March IS Operations Committee meeting If we may answer any questions prior to the meeting,please call Joanne Schaut at 206 242-4998 or 206 714-1125 (cell). Kent Council Operations Coirumttee 4 El Grullo Sister City Resolution March 18, 2003 90!e4o"41*40 r KEN T 0,10k WASHINGTON AYUNTAMIENTO CONSTITUCIONAL EL GF2U LLO JALISCO_ Memorandum of Understanding 2003 Workplan hi the spirit of friendship and goodwill, and to promote the sister city relationship created by the sister cities of Kent, Washington, USA and El Grullo, Jalisco, Mexico agree to the following work-plan for the year 2003. Both Kent and El Grullo agree to explore the programs, projects and opportunities to implement elements of this workplan with mutual approval of selected programs or projects, I Official Sister City Representative Exchange At least one annual visit of officials and Sister City representatives will occur between Kent and El Grullo A specific focus will be defined for each visit 2 Education Protect El Grullo will designate a specific El Grullo school and prepare a prioritized list of books, supplies and materials that would be of educational benefit to the students Kent will furnish books, material and supplies in accordance with their budgeted funding 3 Young Artist Program Kent invites El Grullo youth between the ages of 13 and 18 to participate in the 2004 Kent-Sister Cities International Young Artist competition Competition rules, guidelines and other information will be furnished to El Grullo in the fall of 2003 The competition deadline is February 2004 4 Other Exchanges Kent and El Grullo will explore potential exchange opportunities between members of the service sector (Kiwams, Rotary, Lions, Soroptomist, etc ), education, business, professional, culture and the arts Dated at Kent Washington, USA this day of 12003 Dated at El Grullo, Jalisco, Mexico this day of 2003 Mayor Jim White El Presidente Armando Nunez Ramos Kent,Washington El Grullo, Jalisco,Mexico United States of America Date signed Date signed EIGndloProclanialfon 2-2003 Paid Members of El Grullo Sister City Committee- 3/4/03 Roberto Gonzalez Aracelia Gonzalez Julia Ringen Tomas Gonzalez Edna White Jim White Connie Epperly Gordon Cameron Sharon Taniguzhi Ernest Aguilar Kent City Council Meeting Date April 1, 2003 Category Consent Calendar 1. SUBJECT: SURPLUS AND SALE OF 1987 PIERCE FIRE ENGINE 2 SUMMARY STATEMENT: Authorize the Fire Department to surplus a 1987 Pierce fire engine, Vin#040171 and authorize Fire Administration to advertise the apparatus for sale to the highest bidder and that funds received from the sale of this vehicle be placed into the facilities maintenance capital account to assist with completing the installation of a drafting pit and to enclose the outside bay at the Fire Department Apparatus Maintenance Facility The Fire Department is requesting authorization to surplus a 1987 Pierce fire engine (Apparatus #717, VIN #040171)that has exceeded its expected life cycle. This vehicle has 68,913 miles on it, and 5339 engine hours, which converts to 26,950 engine miles. This vehicle has been in reserve status for a number of years, and it is no longer in our best interest to retain it due to its age and maintenance expenses. The Fire Department anticipates the minimum bid price to be $45,000 and requests that the funds received from the sale of this apparatus be placed into the facilities maintenance capital account. This will enable the Fire Department to have a drafting pit installed and to enclose the outside apparatus bay at our apparatus maintenance facility. The Fire Department will be working in conjunction with Facilities to accomplish these projects. 3. EXHIBITS• None 4. RECOMMENDED BY: Fire Chief Schneider and Public Safety Committee (3-0) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds • DISCUSSION: ACTION: Council Agenda Item No. 6D Kent City Council Meeting Date April 1, 2003 Category Consent Calendar 1. SUBJECT: BILL OF SALE, PACIFIC GATEWAY BUSINESS PARK— ACCEPT 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Bill of Sale for Pacific Gateway Business Park submitted by The Boeing Company for continuous operation and maintenance of 10,191 feet of watermain, 6,675 feet of sewers, 8,224 feet of street improvements and 11,087 feet of storm sewers that were constructed as part of the Pacific Gateway Business Park plat. The Bonds are to be released after the maintenance period. This project is located at S. 196th/S. 212th/ West Valley Highway 3. EXHIBITS: Vicinity map and bill of sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E t, 18ST ST i J S 192ND T NGLE LK S 196 O� S 200TH T z m PROJE r LOCA ION } w Q S 2 T S S 216TH ST S 16TH ST U) w > = N Z a00 S 22 > r- _ a a U r S 228TH ST a C� a Ohm S 234TH T KEN�� w Gl PACIFIC GATEWAY BUSINESS PARK PHASE I 9 CITY or ZT21 V 1 Jim White, Mayor ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for Pacific Gateway Business Parr project dated may 19, 2000 , were based on the 'As-Built" Engineering Plans dated May 17 , 2001 & Jan 20, 20 Tor the same said Pacific Gateway Business Park project. Jay S. Grubb the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Barghausen Consulting Engineers, Inc. , the firm responsible for the preparation of the "As-Built" Engineering Drawings. C7<i ,Q• ��G3 Signa a Date: Addtobillsale doc 120#1h AVENUE SOUTH / KENT WASIIINLTON 98I12-SR94/ rh11-VHO\L 0S11115Y-14IN1 _� MAIL TO: ENGINEERING DEPARTMENT ATIN: BARBARA NAPIER 220 4T AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT•Pac. Gateway Bus. Pk. LOCATIONS 196th/S 212th/HI I Iley m TAX ACCTNO: zznt,-an 8 ay BILL OF SALE 1P 112204 CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this 1 e-day of eY &922_0.� by and between The Rnc117$_ Company . hereinafter called "Grantors", and CITY OF KENT. a municipal corporation of King County, State of Washington, hereinafter called"Grantee": WITNESSETH: That said Grantors for a valuable consideration, does hereby grant, bargain, and sell to the Grantee,the following described improvements: A. WATERMAINS: together with a total of 56 gate valves at $1 ,000.00 each, 25 hydrants at$2,000.00 each and/or any other appurtenances thereto. ON FROM TO (street, esmt, etc.) On 59th Ave. So. From South 212th St. to So. 199th St. including 1011 LF of 8" D.I. & 375 LF of 6" D.I. on So. 199th St, from 59th Ave. So. To 68th Ave. So. including, 386 LF of 8" D.I. 6 165 LF of 6" D.I. on 62 Ave. So. from So. 199th St. t0 So . 196th Sc.- includink 314 LF of 8" D.I and 150 IE 0f 6" P.I. including 7790 Linear feet at$ 28.0o per LF of 12 (size) D.I. (type) waterline. B. SANITARY SEWERS: Together with a total of 23 manholes at$ 2,200 each and/or any other appurtenances thereto. ON FROM TO (street, esrnt, etc.) On 59th Ave. So. from So. 212th St. to So. 199th St. , including 1,556 IF of 8-inch PVC. On 62nd Ave. from So. 199th St. to So. 196th St. , including 914LF on 8-inch PVC and on So. 199th St. from 62nd Ave. So to 68th Ave. So. Including 4205 linear feet at$ 32.00 per LF of 10 (size) PVC (type) sewer line, t r.n4 C. STREETS: together with curbs, gutters, sidewalks, and/or any other appurtenances thereto. ON FROM TO (Street,CSmt, etc.) 59th Ave. So. from So. 212th St. to So 199th St. on So. 197th St. from 62nd Ave. So. to 68th Ave. So. on 62nd Ave. So. from South line of the plat boundary, being 583' south of So. 199th St. to So. 196th St. Including 8224 centerline LF at $ 310 per LF of Class B Asphalt(type) streets, 44 feet asphalt roadway. D. STORM SIMRS: together with a total of 69 manholes at$ each or a total of catch basins at$ 2700.00 each, 970 LF of biofiltration swale or drainage ditch with a total cost of $ 125,000 3,540,000 CF of detention pond storage with a total cost of$ 330,000 jQWor any other appurtenances thereto. ON FRO (Street, esmt, etc.) 59th Ave. So. - So. 212th St. to 199th P1. on So. 199th PlTM from 62nd Ave. So. to 68th Ave. So, on 62nd Ave. So. from So line of plat boundary to So. 196th St. 1223LF - 12-inch CMP, 202LF - 15-inch CMP, 164LF - 18-inch SRP, 11338LF 24-inch SRP 632LF - 30-inch SRP, 1570LF - 36-inch SRP 285 LF 42-inch SRP, 1113LF 48-inch SRP, 280LE 54-gch SPP, 132LF 66-incb RP, 21bLF 2-inch SRP.) Inc u mg 1 .56fi linear eet at 145.00 per Lh of 96 (size SRP (type) sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that is is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell the same as aforesaid; that it will warrant and defend the same against the lawful claims and demands of all persons. The Bill of Sale is given in consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEROF,the undersigned has caused this instrument to be executed on this day of_ FcS���•�=� -X11��X,�<c•c�• _ ill U Authorized Signatory 2 Str-1a-G�b ls:lr �.�� STATE OF WASHINGTON ) )SS COUNTY OF ICING ) On thus i 1 5 day of t X J cr, before me, the undersigned, a Notary Public in and for the State of Washin6ton, duly commissioned and sworn, personally appeared 0 c hft e Itl '7-:u 1 n,t(c to me known to be the individual described in and who executed the foregoing instrument,and acknowledged to me that he, S. signed and sealed this said instrument as free and voluntary act and deed for the uses and purposes therein mentioned. qGIVEN under my hand p§ affiFjai seal this // 'J day of 1 �tr •`t /Y/S>�•�Ct�2 pE C• 9j Notary Public in and for the Stat of Washington,residing at f' C oo?o+ My Commission Expires: 0�WASN� �`�� STATE OF WASHINGTON ) 0 )SS COUNTY OF KING ) On this day of , 19. before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and to me known to be the and respectively of the that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Washington, residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by • the City Council of the City of Kent, Icing County, Washington, on the day of , 19 3 TOTAL P.05 0 THE BOEING COMPANY AND ITS SUBSIDIARIES DELEGATION OF COMMITMENT AUTHORITY Bonnie W Soodik,President of Boeing Shared Services Group,acting pursuant to Company Policy POLL,"Delegation of Authority to Authorize Business Transactions and Agreements,and to Commit Company Resources,"as amended,modified,supplemented,and updated to the date hereof,hereby delegates,subject to the limitations set out below,the authority to manage the real property of The Boeing Company and each subsidiary of The Boeing Company(at any level,and whether such subsidiary is a corporation,a limited Lability company,or any other entity)that has adopted or may at any time hereafter adopt Company Policy POL I to each of Stephen J.Barker Alan E. DeFrancis Craig A.Saddler and Colette M.Temmink including the authority to do any of the following (a) To comrmt The Boeing Company and each such entity to the purchase, sale,lease,or sublease (as lessor or lessee or sublessor or sublessee or as a participant in any such transaction)of real property and related personal property and to extend credit in connection with any of the — foregoing,and (b) To grant mortgages,deeds of trust,and other liens on The Boeing Company's and each such entity's interest in real property;and (c) To commit The Boeing Company and each such entity to easements,licenses,access agreements,development agreements,site plans,master plans,lot line adjustments and/or agreements,boundary line adjustments,mitigation agreements,property management agreements,consultant agreements,real property service agreements and smular agreements and (d) In connection with any of the foregoing,to make,enter into,execute,create and deliver any proposals,contracts,agreements,deeds,leases,subleases,bills of sale,bonds,liens, mortgages,deeds of trust,easements,licenses,permits,claims,indemnities,guarantees, settlements,amendments,releases,obligations,assignments,estoppel certificates, subordination,attomment and nondisturbance agreements,option agreements,consents, development agreements,mitigation agreements,consultant agreements,service agreements and other instruments and documents as deemed by any of such individuals to be necessary or desirable. The authority granted herein is hrmted to exclude any transaction that would involve (r) expenditures or the commitment to make expenditures with respect to real property that in the aggregate exceed the"Applicable Amount"(as defined below),or (1r) disposition of a real property asset for a sale price in excess of the Applicable Amount;or Page 1 of 2 (iii) the granting of a lien on real property securing an obligation in excess of the Applicable Amount,or (iv) a lease or sublease commitment(as lessee or lessor or sublessee or sublessor)if the present value of the committed rentals(discounted at the then current Prime Rate as announced publicly by The Chase Manhattan Bank in New York)exceeds the Applicable Amount The"Applicable Amount'is$30,000,000 in the case of Boeing Realty Corporation;$20,000,000 in the case of each of The Boeing Company and McDonnell Douglas Corporation;and$10,000,000 in the case of every other entity referred to above The authority granted herein does not include the authority to sub-delegate except as provided herein Craig A.Saddler is hereby delegated the authority to sub-delegate to individuals to be named by him the authority to commit The Boeing Company and every entity referred to above to the lease or sublease(as lessor,lessee,sublessor,or sublessee)of real property and related personal property and to execute instruments and documents in connection therewith,including without limitation leases, subleases,estoppel certificates,subordination,attornment and nondismrbance agreements,lease and sublease assignments,consents,and amendments,but excluding any transaction that would involve (a) expenditures or the commitment to make expenditures with respect to such matters that in the aggregate exceed$1,000,000;or (b) a lease or sublease comrmtment(as lessee or lessor or sublessee or sublessor)if the present value of the communed rentals(discounted a the then current Pnme Rate as announced publicly by The Chase Manhattan Bank in New York)exceeds$1,000,000 The authority herein delegated shall be effective as of January 2,2003 and remain in full force and effect through December 31,2003 unless revoked in wnung in whole or in part by resolution of the Board of Directors of The Boeing Company or the relevant entity referred to above or by the undersigned. Dated: January 2,2003 Bonnie W.Soodik Page 2 of 2 Kent City Council Meeting Date April 1. 2003 Category Consent Calendar 1. SUBJECT: BILL OF SALE, HRP WAREHOUSE—ACCEPT 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Bill of Sale for HRP Warehouse submitted by H-P Properties, LLC for continuous operation and maintenance of 315 feet of watermain, and 333 feet of street improvements. The Bonds are to be released after the maintenance period. This project is located at 19931-72nd Ave. S. 3 EXHIBITS: Vicinity map 4 RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F 188T ST S 192ND T NGLE LK Q S196H i O� S 200TH r PROJECT LOCATION co > V) w o J Z Q N 3 n N S 2 T S > �O a �9- G z ESP S 216TH ST S 16TH ST w N > 00 N Z a 1O af S 22 = W F > a a a U S 228TH ST �2 c� a 7m S 234TH T F�{ � O KEN2i w c{ s HRP WAREHOUSE 0 Kent City Council Meeting Date April 1, 2003 Category Consent Calendar 1. SUBJECT: BILL OF SALE, TEUTSCH 228—ACCEPT 2 SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Bill of Sale for Pacific Gateway Business Park submitted by Valley Freeway and 228th Street, LLC for continuous operation and maintenance of 1,098 feet of watermain, and 392 feet of sewers The Bonds are to be released after the maintenance period. This project is located at 7650 S. 228th St 3. EXHIBITS: Vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6G S ; > a J 3 > > S Q W O N J Z Q Q N W 3 S 2 T S S 208T S 216TH ST in m S 218TH T w w S Z > co o acr S 222ND SIF = w a a a U S 228TH ST S 228T PROJECT N C TION co Ohm S 234TH T F w w �{ Q C T S ST RE N Ln Ir W N MITH T > MEEK R S c� a Z $ S N S / / T TEUTSCH Kent City Council Meeting Date April 1. 2003 Category Consent Calendar 1. SUBJECT: STREET VACATION, MADISON AVENUE AND HARRISON STREET— SET HEARING DATE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, passage of Resolution No. setting a public hearing date of May 20th for the proposed street vacation located along a portion of Madison and Hamson. 3. EXHIBITS: Resolution; Public Works Director memorandum; and vicinity map 4 RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H RESOLUTION NO. A RESOLUTION of the City of Kent, Washington,regarding the vacation of portion of Madison Avenue and Harrison Street within the Plat of Guibersons Addition in Volume 14 of Plats, Page 49, lying south of Smith Street and east of Lincoln Avenue in King County; and setting the public hearing on the proposed street vacation for May 20, 2003 WHEREAS,a petition,attached as Exhibit A,has been filed by Campbell Nixon&Associates to vacate portions of Madison Avenue and Harrison Street as legally described in Exhibit A and generally lying within the Plat of Guibersons Addition in Volume 14 of Plats, Page 49, lying south of Smith Street and east of Lincoln Avenue King County, Washington, and WHEREAS, the petition is signed by the owners of at least two-thirds of the real property abutting those portions of Madison Avenue and Harrison Street to be vacated, and WHEREAS, the petition is in all respects proper, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. A public hearing on the street vacation petition requesting the vacation of a portion of Madison Avenue and Harrison Street, legally described in Exhibit "A", shall be held at a regular meeting of the Kent City Council at 7 00 p in , 1 Street Vacation— Madison Avenue and Harrison Street Tuesday,May 20,2003,in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032, SECTION Z The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by state law, Ch 35.79 RCW SECTION 3. The Planning Manager shall obtain any other necessary information from appropriate departments and shall transmit the information to the Council so that the Council may consider the matter at its regularly scheduled meeting on May 20, 2003 PASSED at a regular meeting of the City Council of the City ofKent,Washington this day of 2003 CONCURRED in by the Mayor of the City of Kent, this day of 12003. JIM WHITE, MAYOR ATTEST BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM TOM BRUBAKER, CITY ATTORNEY 2 Street Vacation — Madison Avenue and Harrison Street I hereby certify that this is a true and correct copy of Resolution No passed by the City Council of the City ofKent,Washington,on the day of 2003 (SEAL) BRENDA JACOBER, CITY CLERK i 3 Street Vacation — Madisnn Avenue and Harrison Street KENT rESti`_ z�z39oo W.s,,,"p.ou 111aJ nr ,tun 11'bne hl VAll• - AIA11.10 2DD2j F� APPLICANT KEN Ivey G+u/ueu CI'I V 017 KEN r O�-�O�EN�R NAME C.�MPBE�/��xOI✓d ssLC 1 roperty Itanagement �(1� 1 220 S J"'Avenue P ADDRESS StZa VJ N.>rRrscN SrE eo2- Kew,Washington 98032 Ann Jeuyh1cCaughxn 6ENT�WA 9b06z 1'110NI: Z53-854-Z4�o STIZEE I'AND/Ott ALLEY VACATION APPLICATION AND PETITION Dem M.iyot and Kent City Council We, the uncletstgned abutting propeily o\vneis, hereby respectfully request (hat ceuam f-x-rloNS oy MAp6 w A✓EN✓EX RAmR,5oN svvcnshereby be vacated Legal Descnplion of Sitecl/Alley Sought to be Vacated (Must Contain Total Squate Feel of Area Sought'ro Be Vacated) L can/ D!'S �,/.— , �Tr / .f Ery/�iT H BRIEF STATEMENT \VIIY VACATION IS BEING SOUGIIT • A"CURREN r"title report must be submitted with this application that covets all the abutting properties contiguous to alley or steel sought to be vacated When Corporations, Pvtnerships, etc are being signed for, and Then proof of mdividual's aulhouty to sign lot smile shall also be subnnt(ed Allach a color-coded map ora scale of not less than I"=200' of the area sought for vacation (NOI E) hlap must couespon(l with legal descnption ABUTTING PROPERT)'OWNERS l A LOT It SIGNATURES A DAD ESSES LOT, BLOCK S PLAT/SEC l OWN RG cc 2-95/900005 Al4Z422� Z 95/900045 AW 04 22 '?L � � .,• 2951900080 /�.r/ y4 ZZ '� $150 00 Fcc Paul Treasurer's Receipt No Appraisal Fee Paul Treasurer's Receipt No Land Valuc Paid Treasutet's Receipt No Deed Accepted Dale I r adc Accepted Date EXHIBIT "A" S'Pinpuiy Al vn...... \\4c�hnn App dui RECEIVED FEB 1 7 fl)OJ •. YIfOPf. '=rvi ����III ry •'^�s%GCMCM May nl ,Inn While •�•• NI\'Aft• ZOZ306S MAII, IO AI'PLICAN1' CI1V017 KEN NAME G^+yeE��N+rvN d'Assx 1'l operty Nlanagement 220 S d"'Avenue ADDRESS -?�Za -�j kAl`215cN STE ZG kcot, Washington 98032 Alin Jell)'McCaughan 4kN-.r µ.A ?9032 PHON1: 753�854-24� I STWEIiT AND/OR ALL) Y VACATION APPLICATION AND PETITION De,1 Nl.p,oi and Kent City Council 1Vc, the undersigned abutting properly owners,hereby respectfully ieyuesl that cci lam P-xyvr4 or= MAE,5c4 A,6N+c heieby be vacated Legal Description of Sliect/Alley Sought to be Vacated (Nhisl Contain Total Syuaie Feet of Ain Sought fo Be Vacated) BRIEF SI'A'FIsNILNT NVIIY VACA I'ION IS BEING SOUGH r A"CURRENT"title report must be submitted with this application that covets all the abutting propeilies contiguous to alley or street sought to be vacated Whea Cotporattous, Paitueislups, etc are being signed for, and then ptoof of individual's aulhoWy to sign for same shall also be ssibnmted Attach a color-coded map of a scale of not ICSs Than 1"=200' of the area sought for vacation (NO FE) Map must correspond with legal desciiptiou ABUTTING PROPER rl' OWNERS IAX LO r It SIGNATURES ESSES LOT, BLOCK S PLA f/SEC I OWN RG /' ) 2 Z9.5/9oocaS ti't✓Z422+� �✓ 295'I900015 Nv/ Z4 ?Z 4 Y' 243r1400045 14wz4 ZZ -¢ RECL-ivc FEB 2 7 2003 PI to '7.y NENI' MANAGEMENT KENT Nla)or .hur While klVAll Z00-306.S MAII, IU APPLICANI CIIYOF KEN r NANIr GaMy6Et=�N/xorld'�+�sac Prolm ly Management 220 S 4"'Avenue ADDRESS' gZo ka.c¢rsoN Sre Z Bent, %%ashmglon 93032 Alin Jelly McCRughan A 9E057— PnONr• Z53-E54-?4?0 STREET AND/Olt ALLEY VACATION APPLICATION AND PETITION Deal N,lyol Rnd Kcnt Ctly CGnnCtl We, the undersigned abumng propcily owners, hereby respectfully IegLies( that cc fat❑ Am-rioNS of Mnpp!sw fy6HviceRAaelsoN$rvicershelebybeaac.tled Legal Description of Slieel/Allcy Sought to be Vacated (Rust Contain Total Square feet of Area Sought ro Be Vacated) 2epl BRIEF S,rA1'ENILN1' N\ IIY VACArION IS BEING SOUGIrr 40 A"CURREN r"title report must be submtued with this application that covets all the abutting properties contiguous to alley or street sought to be vacated When Corporations, Partnerships, etc ate being signed for, and then proof of individual's authotdy to sign lot same shall also be submitted Attach a color-coded map of a scale of not less than I"=200' of the area sough( for vacation (NOTE) Map nmst correspond with legal description ABUTTING PROPERrY OWNERS IA\ LOI 11 SIGNATURES A D AD ISSCS LOT, BLOCK & PLA r/SEC TOWN RG ` , k 295l900005 Nt�2422 ✓" `sue � � �� 29SI900o15 r/v✓ 24 y2 S' 1, I Z4319oao95 Nil 2g zz -� EXHIBIT "A" THAT PORTION OF MADISON AVENUE AND OF HARRISON STREET AS DEDICATED WITHIN THE PLAT OF GUIBERSONS ADDITION IN VOLUME 14 OF PLATS PAGE 49 LYING SOUTH OF SMITH STREET EAST OF LINCOLN AVENUE AND LYING NORTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE BEGINNING AT THE SOUTHWEST CORNER OF BLOCK 2 IN SAID PLAT BEING THE TRUE POINT OF BEGINNING OF LINE HEREIN DESCRIBED, THENCE ON A CURVE WITH A RADIUS OF 60 00 FEET WHICH CENTER OF SAID RADIUS BEARS DUE SOUTH 60.00 FEET IN A WESTERLY AND SOUTHERLY DIRECTION TO THE NORTHEAST CORNER OF BLOCK 4 IN SAID PLAT AND THE TERMINUS OF LINE HEREIN DESCRIBED TOTAL SQUARE FOOT OF AREA TO BE VACATED Z5�/✓� SMITH ST. i If 5_c_ec•e or+nz•� p a° F, se I/ft I 11 9 f Z , 144S- L! r 2 3 a1•}S-sow 'Y ' `s ii 0 logs' 6((I O Is0 m °4 300% 40°''S e 72 t i �/ i x • / a r a a sLi /�/i// ;e, r e 3 L ^ L // °J •�i .S I M �Z r 12 111 000 n 1r�� O 'yLJ a b w 04s� } o ISrO° J D °DO51^ 3 Q v b�M al v ti Z Lj v o _ r r'°4 Sr i•: 3 .,° 4 po°O •'-�°r N /43 6l L 9 09.So•SOL � � N r 410 9s 60 eo So vlx czr re rr0 tzr -C o9L0N j01y°6 i rD I` t F C Sr,IiA�...T °e;13 e�„� a�'�'�lluly7 ILO. 21 Il�y I 45°'r �i A��r4 BJ2 05n - vw[ tco c739� O i\` h1 J r Q Q 0 1 a• � 0-75 0 (���o 00\ m E PUBLIC WORKS DEPARTMENT //.,�� Don E Wickstrom, P E Public Works Director 253-856-5500 hone A GN T P Fax 253-856-6500 WASHINGTON Address 220 Fourth Avenue S Kent,WA 98032-5895 Date March 17, 2003 To. Pub corks Committee From Don'Wickstrom, Public Works Director Regarding- Madison Avenue and Harrison Streets Vacation - We have received a valid petition to vacate a portion of Madison Avenue and Harrison Streets In accordance with state law, a public hearing must be held The Public Works Department recommends adoption of a resolution setting the public hearing date MOTION: Recommend Council adoption of a resolution setting a public heanng date of May 20`h for the street vacation located along a portion of Madison Avenue and Harrison Streets DEPARTMENT OF PUBLIC WORKS Z , Date: G ' � 6 —,� TO: City Cleric FROM: Jerry McCaughan // ) RE: Street Vacation Regarding subject matter, please be advised that I have reviewed same and found everything in order. Therefore I am filing the original application with you and at the same time, by copy of this memo to the Public Works Director, the process should begin. cc: Don Wickstrom Planning Manager Attachment- Maps Kt i , -FrA Tt- St VAWC '"=NT 'ESL'- 70z3Ioo 11113nl .Inn 11'I111c rD hl\',111 R�c�N G - — nL\11.10 ) 151 APPLICANI a i S'or htiN r IN'( Y OF EN ER NA61E fi�M oEr�i-��roAld Assce. PlopntyAlanagemenl ERMI 220 S 4"Avenue P AIMHEI.SS, gZo `✓,/ k-rlt1scyi1 Sre Zoz Kent,\\'ashnigion 98032 Ami leiry McCxoghan ,fi�/T WA 9EOSZ PIIONE- Z53-B54-04-710 STREE'r AND/OR ALLEY VACATION APPLICATION AND PETITION Dear hLryot and Kent Clty COLII1C11 Wc, the undei signed abutting pmpelly owners,hereby respeclfidly request that celtaln Axwp/ s of /J^PXw A(y&Nvc BNAR:RrSoN S+rceshereby be vacated Legal Description of Strect/Alley Sought to be Vacated (Must Contain Total Square feet of Ain Sought ro Be Vacated) Lep/ DEScr a/.;i-, �///7��G./� 4✓H//Y/T N BRIEF S'I'ATILNI13NT 1YIIY VACATION IS BEANG SOUG11'1' A"CURREN r"itic report must be submitted with dies appbcallon that covets all the abulnng props mes contiguous to alley or sheet sought to be vacated When Coiporanons, Paitnelshlps, ctc ale being signed for, and then floor of Individual's authouty to sign lot smile shall also be submitted Air ich a color-coded map of n scale of not Icss than I-=200'of the ale,sought for vacation (NO I E) Map must cmespond o rtli legal descnpnon ABUTTING PROPCRI Y OWNERS 1 A 1,01 8 SIGNATURES A DAD ESSES LOT, BLOCK C PLAT/SEC I OWN RG gee 's"'`— Z95/900005 NH/2422� �� -� � � ��-✓ 29 51 9000/5 IJv✓ 24 22 4 Y� za.k 2951900045 N\/ �`f AZ g r, 2951900060 t4W 24 Z2 4 s 15o oo fee Paul / (I"U Tieasm er's Receipt No Appi.usal ice Paul Treasurer's Receipt No Land Vahic P.od Ticasmer's Rccey l No Decd Accepted Date 1 radc Accepted D.IIe S M'i„,,t, Aly J- RECEIVED FEB 2 J 2007 K E N T t'It�n� •°r;GCMENr Nl qm luu \\'lute KI\'All 7-0430ds nl,\n.-10 APPLICANI Cl I1'OF KEN NANO �A^'iP6�P/�roJd Assx Plopcuty illanageman 220S 4"Avenue ADDRESS- fZo kacRIA:yy Sre ZG Kcnl, Nishmgton 98032 Aun kny McCaughan ,PENT WA ' 19057 1111 ON E. 7_53-B59-Z4-j�0 STR6E 1'AND/Olt ALLEI' 1'ACAT►ON AI'I'LIG`,7 ION AND I'ETITION Deal Ndym and Kent City Council We' (fie undersigned abutlmg property o,vncts, hereby respectfully ieyuest that cetlam V.aTiaNs of MAp6wA✓eN✓c2NAaz,3eNS+reenheuebybevacated Legal Description of Stiect/Alley Sought to be Vacated (Must Contain Total Squme Feet of Atea Sought"ro 13c Vacated) BRIEF S 1 ATIi\ILNT Wl11' VACATION IS 1;EING SOUGIIT A"CURRENT'title report must be submitted with thus application that cotets all the abutting propeilies conlugnous to alley or street sought to be vacated Men Colporallons, patlnelshups, etc ate being signed for, and then puoof of mdrvudual's authoity to sign foci same shall also be submnled AlLich a cold-coded trap of a scale of not less than I"=200' of the area sought for vacation (NO I F) Map must couespood with legal descnption A13UTTING PROPER F)'OIVNCRS IAX LOf U SIGNATURES ESSCS LOT,BLOCK S i'LAI/S8C"I O\1'N RG 1 a, 2951900005 Nt-/24 22 •�— � ��� 29sr9000ls ��✓ z� zz 4 a�U 1175'Moo45 Nwz4 zz 4 fiECEiVCO FEB XI 7 1003 P110PCn7-vOgHAEGNJT N7 `� KENT w. MI)m Inn11'hite kIVAit Z02-3o6S MAIL 10 AI'I'LICANI Cl i l'OP KEN f NAME Gc�+oBErL�/�rraJd Asscn I'lopcilY Management 220 S 4"'Amide ADDRESS- 5424 r l kF cx(AW, Sre 2 Kent,1Cashmglon 98032 Alin Jcuy McCaughan ,fiENt�H/A 9903z PHONE• 2:53-954-2470 STREET AND/OR ALLEY VACATION APPLICATION AND ITTITION Dcai Mayor and Ketll City COmICiI %%'c,the undel9gned abuuuig propcity owners,hereby respeclfully request tliat ceilaiu Axwot4s of M^erscv Ave Nvc a NiaR,ecN S+rcc.sheieby be vacated Legal Description of Stiect/Alley Sought to he Vacated (NItisl Contain Total Squaie feat of Aiea Sought ro Be Vacated) Zeft/ ds� i l z�✓N/rrTf7 BRIER STATEMENT IN'111' VACA'I ION 1S BEIING SOUGH I' A"CURREN r" title report must be submdted with this application that covets all the abutting plopelues contiguous to alley or street sought to be vacated When Corporations, Paiineiships, etc ate being signed lot, and then proof of Individual's authority to sign lot same shall also be submitted Attach a color-coded map of a scale of not less than I"=200' of llie area sought for vacation (NOI PI Map muss correspond a Itll legal description ABUTTING PROPERrY OWNERS IAX 1.01 11 SIGNA rURES A DAD ESSES LOI, BLOCK S PLA r/SEC I OWN RG u Z95/900005 AlV,44OZf 4 ��� 29S19000r5 9w 44 4 EXHIBIT "A" THAT PORTION OF MADISON AVENUE AND OF I-IARI2ISON STREEF AS DEDICATED WITHIN THE PLAT OF GUIBERSONS ADDITION IN VOLUME 14 OF PLA"CS PAGE 49 LYING SOUTH OF SMITH STREET EAST OF LINCOLN AVENUE AND LYING NORTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE. BEGINNING AT THE SOUTHWEST CORNER OF BLOCK 2 IN SAID PLAT BEING THE TRUE POIN F OF BEGINNING OF LINE HEREIN DESCRIBED, FHENCE ON A CURVE WITH A RADIUS OF 60 00 FEET WHICH CENTER OF SAID RADIUS BEARS DUE SOUTH 6000 FEET IN A WESTERLY AND SOUTHERLY DIRECTION TO THE NORTHEAST CORNER OF BLOCK 4 IN SAID PLAT AND THE TERMINUS OF LINE HEREIN DESCRIBED -S TOTAL SQUARE FOOT OF AREA TO BE VACATED Z7F�� OI 11. •e, � � � SMITH ST. 1 � 3. 1— 7 1 - tt /.— -. 7- 7 Z ss isnos t1 ,•.•� - \ 9` Z ��• I 2 `� 3 6f-4S-e6w �. 0 • 0 lotslip a _ D r—fT n s : �� A 0° OIT 00 p•GG AD _ Ln y CD IL �o e ~ M1O 005 5 / !, Sri `1 1°� ,� � � ! •"• N 72 f .3L � a0 as 3� o i �I +Li f113 'ANO z v 72 0 , SJ b ,s Ins 2• I z I Z o sv _ O �S'o+ Z r �/� 0 t +� 1v'�\ 3F-• h ry°i �� ` U c}. (�`1, < 0`r 0 In 0 n J O�Oe►� o0,0 a `•G W D �� 10 /•° i 140 +° 4 6` - C{s 3 ■0 4 pOv r, ios ei t ♦bi,i. 0-32 ' LO BS 60 eo 50Do 71 t cz i ao +r0 izs O96v, 0' Il + i•� P s••1 Af1k^4qr '1 •� V 10� ' 104 ' �� 42 1 I oti 1� 0 N _83.Z o b IZ !O ZO y O- o - % _ qa/ E-G3 Z _ its _• . Li h � O D-75391 Oft (L h� po E p-76 ir+ O i WI en) Z v 0090� ^'3� Kent City Council Meeting Date April 1. 2003 Category Consent Calendar 1. SUBJECT: STEINER PROPERTY— CHARGE IN LIEU OF ASSESSMENT— AUTHORIZE 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Public Works Director to establish a charge in lieu of assessment for the Steiner property sewer service connections. 3. EXHIBITS: Public Works Director memorandum and vicinity map 4 RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS• 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I PUBLIC WORKS DEPARTMENT Don E Wickstrom, P.E. Public'Yorks Director • K EN T Phone: 253-856-5500 w""'""°" Fax: 253-856-6500 Address. 220 Fourth Avenue S. Kent, WA 98032-5895 Date March 17, 2003 To Publlk Works Committee iP From- Don Wickstrom, P E Public Works Director RE. Stiener Property Charge in Lieu of Assessment The City has just finished extending sewer service to the City's Stiener property. The City purchased the Stiener property and the English property in conjunction with its deN clopment of the 272"d Corridor project. We needed these properties as both fell within the alignment of the new road and in the case of the English property it also offered a site to construct the road related stoml water detention system Because the Stiener and English properties abutted each other ave combined the remnants and subsequently subdivided same into five residential parcels. As reflected in the attached map the sewer,,\a extended to service these lots can also service the adjacent and abutting property on the southerly side of the City's property. Further that property has the potential to be subdivided into at least two lots As such the Public Works Department is recommending that a charge in lieu of assessment be approved N+hich would allow the city to collect a pro rata of the cost the City incurred per prop idmg sewer service to the property. This property owner would only pay this charge upon connecting to the sewer Should he/she never connect then no monies would be due. The connection charge is S 10,145 19 per sewer service connection, which is simply the total cost divided by the total number of lots potentially served All monies received from said connect charge would go into the 272/277`h Corridor fund The monies received therefrom just like the monies receive from the eventual sales of lots would be used to offset the city's costs in the project Presently there is still a significant amount of work yet to be completed on this corridor project Said work relates to completion of the bike trail system from 108' Ave to the Green River road and some storm water detention work MOTION: Recommend to full council the authorization of the respective charge in lieu of assessment LEGAL DESCRIPTION THE NORTH 120 FEET OF THE SOUTH 270 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER IN SECTION 32, TOWNSHIP 22 NORTH, RANGE S. E.W.M., KING COUNTY, WASHINGTON EXCEPT ROADS Lo/ Yril/� LO If ES ST - ' N SE 240TH ,ST N ` a N SE 244TH w ST � CLARK I xr L ITT LK r O I� 'rn N SE 248TH ST > 1 v < S IZ& ST - 0 WAL T S �� SE 2 TH S V) °o v eNT f '(fir } i/ii l9yo SE 260TH ST C�y C� N �— ` t x SE 264TH S7 w W N N W Q co ` J __S 27 TH 1 WAY I P RO-J E,CT J I LOCATIONr�' KENT C�%Y/�MITS E STEINER PROPERTY a V 3 O U `�s 4'! ��� O �a '� 1 ���cL of '. '�ik' ��{7 E� �:.•C.c�� ' s.I _Y `�1��M1 '�� " .j:��1 r . "'Lr'.n s�y..24' _ _ ✓ .�. ♦-f'i`�iA.[J�li..s� 1 _ W Mif !r5• • t� r r [ ..� J�1. � r � f � {4N G n1n5 ��.� 'r S♦ '. �i� a xj'C - •�`fJ, �h7t K �eK I wig r A r.-`C ♦`.t ' }HI' 4 _ +~ �rL rr .?�t}i'Y• f _.S ` 4.r>SI �.. I' 2.,;: 1 r 01 � �• y� 'r•'.yr 1 y Ii� , f. i♦ *� at4-Z`� .��� S .'{"'f i/r� r~' ✓k' �y { -, 1� .arm a 1 '.T. /�: .� \:, a >. �� .7, a t.•�,#.; `� t } j- r 1 1 .`�y ` .�•.1+ r�i�w.,*1}�f r}- � "rr ;tTS"� 71. ^�^-�1G.� t. •�}�+✓�s"t '.`:.. z a 'L 1ii `5. L�•t� �1 ri V{+ t+" .� Gt • aM G �1`-'> �/L✓//.:`- '� ri.�, r� t x F«r ?•c .t3 '}tea :•E �� rJ.". ,; * .1 ^�S�.. /•.� H ' J Wes'(: ~iF �'S'` l,ice •• .1� i. ` Y J'; -'j PAV €�'♦ ,! 1r� �`��� �t `h��''✓ I ii1 !Ir IT �y ri'r ♦ '1• L a r I i� n h�+ �I esf _ r`_ r r l'•�/r Yj.'r� [ � ,1 ���:1��.y:, i � ` - ��,�•��>�J IrY w ' I � 7 r'.{; rc 4 �� �a y,o t�r �'[' , �. •-E'f �.,....{1��i�,�•I � M,��6`{d J�.ti. jr _.. 9k•.. . �1'�,t '^F `� 5 l Limit v;�j a U Z • • Kent City Council Meeting Date April 1, 2003 Category Consent Calendar 1. SUBJECT: COMMUTER CHALLENGE GRANT—ACCEPT AND ESTABLISH BUDGET 2. SUMMARY STATEMENT: As recommended by the Operations Committee, accept the Commuter Challenge Grant in the amount of$12,000. These funds will be used to expand our current Vanpool program. 3. EXHIBITS: Memo and Agreement • 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. W EMPLOYEE SERVICES DEPARTMENT Sue , Director Phone one 25 253-856-5270 Fax 253-856-6270 KEN T Address 220 Fourth Avenue S WASHINGTON Kent,WA 98032-5695 Memorandum DATE: March 11, 2003 TO: City Council Operations Committee FROM. Becky Fowler, Employee Services Manager THROUGH. Sue Viseth, Employee Services Director( RE: Commuter Challenge Employer Services Grant - $12,000 Background: The Federal Transportation Administration provided King County Congestion Mitigation and Air Quality(CMAQ) funds to support and implement transportation projects which improve mobility through education, incentives, and promotions and commuting options at major employment sites. The County contracted with the State Department of Transportation to administer a grant program to disperse the funds The State then contracted with Commuter Challenge, a non-profit organization to develop and implement the grant program Proposal The City applied for and was awarded a $12,000 grant from this program The grant is scheduled to commence April 1, 2003 and terminate no later than May 29, 2004. The grant was submitted to support the City of Kent's commute trip reduction program, primarily through marketing, funding and expansion of the current vanpool portion of the Commute Trip Reduction program Funding: The City is required to match 13 5% or$1,620 during the life of the contract This match will be through in-kind services provided by the City's Commute Trip Reduction Coordinator and the development of promotional materials. Therefore, no additional funding is required. Motion. Authorize the Mayor to sign the Commuter Challenge Employer Services Grant in the amount of$12,000 for the expansion of the current vanpool program to support the commute trip reduction program and direct staff to accept the grant and establish a budget for the funds to be spent within said vanpool expansion project. Commuter Challenge Employer Services Grant Commuter Challenge 1301 Fifth Avenue, Suite 2400 Seattle, WA 98101 Contract Administrator:Maggi Lubov,206 389 8660 Contractor: City of Kent 220 4th Avenue, South Kent,WA 98032 Karen Ford,253 856 5292 Project Amount: $12,000 Project Title: Vanpool Expansion Project THIS AGREEMENT made and entered into April 1,2003 between Commuter Challenge,a non-profit organization,and the City of Kent,hereinafter referred to as the"Contractor." WITNESS THAT WHEREAS, the Federal Transportation Administration provided King County Congestion Mitigation and Au Quality(CMAQ) Improvement fiends under the federal Transportation Efficiency Act for the 21"Century(TEA-2 1)account to support and implement the transportation demand management projects which improve mobility through education,incentives,and promotions of commuting options at major employment sites,and WHEREAS,King County contracted with the Washington State Department of Transportation(WSDOT)to administer a program which would disperse the funding in the form of employer grants,and WHEREAS,the WSDOT contracted with Commuter Challenge,a non-profit organization in King County,to develop and implement Employer Services Grant Programs in King County, and WHEREAS, Commuter Challenge coordinated a multi jurisdiction work group process to develop criteria to provide funding to employers to support and enhance employers' commute trip reduction programs,and conducted an application and award process and WHEREAS,the Contractor in response to the Commuter Challenge request for projects,subrrutted an application for consideration of funding, and WHEREAS,Commuter Challenge,based on project needs,has selected the Contractors project as one that best meets the purpose and criteria of the Employer Grant Program NOW,THEREFORE, in consideration of the mutual covenants herein set forth,Commuter Challenge and the Contractor agree as follows I Purpose of Agreement The purpose of this agreement is for Commuter Challenge to provide funding to support and enhance the Contractor's commute trip reduction program II Scope of Work The scope of work is described in the Exhibit I III Time of Performance The work to be performed under this Agreement is described in Exhibit I and shall commence April 1,2003 and temunate on May 29, 2004,unless terminated sooner as provided herein 0 IV Project Reimbursement and Payment mmuter Challenge shall reimburse the Contractor for eligible Project costs not to exceed$12,000 Commuter Challenge shall eunburse the Contractor only for actual and eligible direct Project costs The amount of contractor match expended during the invoiced period shall be reflected in the invoice Payment shall be subject to the submission to and approval by Commuter Challenge of properly prepared invoices,submitted on the Reimbursement Form(Exhibit II) Requests for reimbursement maybe submitted by the fifth day of the month and will be paid by Commuter Challenge within 30 days of receipt If the reimbursement request is received after the date shown, it will be processed in the next cycle Reimbursement Form Submittal Dates May 5,2003 October 5, 2003 February 5,2004 June 5,2003 November 5,2003 March 5,2004 July 5,2003 December 5,2003 April 5,2004 August 5,2003 January 5,2004 May 29,2004 (final request) September 5,2003 The Contractor's final reimbursement request must be received by Commuter Challenge no later than May 29,2004,or within 30 days of the temnnation of this Agreement,whichever is sooner The final invoice shall demonstrate that the Contractor provided the required 13 5%match during the contract period It is the responsibility of the Contractor to retain expense documentation for a minimum of three years The Reimbursement Form is provided on the Web at wv+w commuterchallenee org for downloading However,the Contractor is required to submit the request for reimbursement by marl,with the signature of the responsible party If promotional materials have been produced during the ini oicmg period,the Contractor shall include three copies of each material with the reimbursement request 0 Waiver In no event shall any Commuter Challenge payment of grant funds to the Contractor constitute or be construed as a waiver by Commuter Challenge of any Contractor breach,or default which and shall in no way impair or prejudice any right or remedy available to Commuter Challenge with respect to any breach or default VI Reports The Contractor shall submit Quarterly Progress Reports on the provided Quarterly Progress Report form(Exhibit III) Commuter Challenge may withhold reimbursement pending receipt of Quarterly Progress Reports Although project funding may be expended prior to the project termination date,the Quarterly Progress Reports shall be required on the following schedule July 1, 2003 October 1,2003 January 2, 2004 April 1,2004 May 29,2004(final report) The Contractor shall deliver the final project report, to Commuter Challenge no later than May 29, 2004 The Quarterly Progress Report form is available on the Web at www commuterchallenee org The Contractor is urged to submit Quarterly Progress Reports electronically 0 VII Agreement Modifications Either party may request changes to these provisions,including changes in the scope of work Such changes that are mutually agreed upon shall be incorporated as written amendments to the Agreement No variation or alteration of the terms of this Agreement shall be valid unless made in writing and signed by authorized representatives of the parties hereto VIII Termination Commuter Challenge, at its sole discretion,may suspend or terminate this Agreement in whole,or in part,for the following reasons 1 The Contractor materially breaches or fails to perform any of the requirements of this Agreement and fails to remedy the condition(s)causing that breach after fourteen(14)days written notice, 2 The Contractor is prevented from proceeding with the Project by reason of a temporary preliminary,special,or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the Contractor, 3 The requisite funding is reduced or becomes unavailable through failure of appropriation or otherwise, 4 Commuter Challenge determines that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds,or 5 Commuter Challenge determines that such termination is in the best interests of the Employer Services Grant Program,King County,and the State of Washington The Contractor may not unilaterally termunate this Agreement,but a request to terminate in whole or in part may be made in writing by the Contractor,and Commuter Challenge can either agree,or reject,that request at its sole discretion If this Agreement is terminated prior to fulfillment of the terms stated herein,the Contractor shall be reimbursed only for actual and eligible State Share expenses incurred on the Project prior to the date of termination,and only to the extent of appropriated funds IX Compliance with Laths and Regulations The Contractor agrees to abide by all applicable state and federal laws and regulations,including but not limited to those concerning employment,equal opportunity employment,nondiscrimination assurances,project record keeping necessary to evidence agreement compliance, and retention of all such records The Contractor will adhere to all of the nondiscrimination provisions in Chapter 49 60 RC W X Project Records The Contractor agrees to establish and maintain for the project either a separate set of accounts or accounts within the framework of an established accounting system,in order to sufficiently and properly reflect all eligible direct and indirect Project costs claimed to have been incurred in the performance of this Agreement Such accounts are referred to herein collectively as the"Project Account" All costs claimed against the Project Account must be supported by properly executed payrolls,time records, invoices,contracts,and payment vouchers evidencing in proper detail the nature and propriety of the charges XI Audits,Inspections,and Retention of Records Commuter Challenge,WSDOT,the State Auditor,King County and any of their representatives, shall have full access to and the right to examine,during normal business hours and as often as they deem necessary,copies of all of the Contractor's records with respect to all matters covered by this Agreement Such representatives shall be pennatted to audit,examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices,materials,payrolls,and other matters covered by this Agreement The Contractor shall retain all documents,papers,accounting records,and other materials pertaining to the Project for three years from the date of ternunauon of the project or the project final payment date,whichever event occurs later,and such additional time as is necessary to allow for the completion of an audit should the obligation to retain documents and records hereunder expire while any such audit is ongoing Should litigation related to rights or obligations relating to this Agreement ensue prior to expiration of record- retention deadlines hereunder,those project records shall be retained for such additional periods as is necessary to assure availabilityy during the full period required to resolve that litigation,as extended by any other record retention obligations specified herein XII Limitation of Liability liability shall be attached to Commuter Challenge or the Contractor by reason of entering into this Agreement except as expressly rovided herein The Contractor shall indemnify and hold Commuter Challenge,its agents,employees,and/or officers hamiless from and shall process and defend at its own expense,any and all claims,demands,suits,penalties,losses,damages,or costs of whatsoever kind or nature(hereafter"claims")brought against Commuter Challenge arising out of or incident to the execution,performance or failure to perform of or under this Agreement,provided,however,that if such claims are caused by or result from the concurrent negligence of(a)the Contractor, its agents,employees,and/or officers and(b)Commuter Challenge, its agents,employees,and/or officers,this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Contractor, its agents, employees, and/or officers,and provided further that nothing herein shall require the Contractor to hold harmless or defend Commuter Challenge,its agents,employees,and/or officers from any claims arising from the sole negligence of Commuter Challenge,its agents, employees, and/or officers XIII Independent Contractor The Contractor shall be deemed an independent Contractor for all purposes,and the employees of the Contractor or any of its subcontractors and the employees thereof,shall not in any manner be deemed to be employees of Commuter Challenge XIV Commuter Challenge Advice The Contractor bears complete responsibility for the admimstration and success of the Project as it is defined by this Agreement and any amendments thereto Although the Contractor is allowed to seek the advice of Commuter Challenge on problems that may arise, the offering of Commuter Challenge advice shall not shift the responsibility of the Contractor for the correct administration and success of the Project, and Commuter Challenge shall not be held liable for offering advise to the Contractor XV Execution and Acceptance Ahis Agreement may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having entical legal effect The Contractor does hereby ratify and adopt all statements,representations,warranties,covenants,and agreements and their supporting materials contained and/or mentioned herein,and does hereby accept Commuter Challenge's grant and agrees to all of the terms and conditions thereof XVI Severabdity If any covenant or provision of this Agreement shall be adjudged void,such adjudication shall not affect the validity or obligation of performance of any other covenant or provision, or part thereof,that in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this Agreement No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed XVI Execution IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written COMMUTER CHALLENGE CONTRACTOR By By ARTHUR SCHEUNEMAN,PRESIDENT Commuter Challenge Board of Directors and CEO/President Econorruc Development Council of Seattle&King County Date Date EXHIBIT I Scope of Work WORK PLAN: A CMAQ Employer Services Grant of$12,000 for the Vanpool Expansion Project is awarded to the Contractor to support its commute trip reduction program In return for the grant,the Contractor shall complete the tasks and provide the information described below CONTRACTOR TASKS: 1 Purchase Commuter Bonus Plus Vouchers for drawings 2 Hold random drawings to award vanpool riders for participation 3 Promote program using posters,e-mail announcements,flyers,newsletters,paycheck inserts,and informational meetings 4 Maintain records of all expenditures for the Vanpool Expansion Project 5 Maintain records of the total number of SOV trips reduced as a result of the project. 6 Write and submit Quarterly Progress Reports to Commuter Challenge 7 Conduct final evaluation of the project. PROJECT SCHEDULE: The work to be performed shall commence April 1,2003 and terminate no later than May 29,2004 FINANCIAL SCHEDULE: I The Contractor shall submit signed and approved invoices to Commuter Challenge with a Project Progress Report no more frequently than on the fifth day of each month The amount of Contractor match expended during the invoiced period shall be reflected on the invoice 2 Commuter Challenge shall reimburse the Contractor for actual project costs within 30 days of receiving each signed and approved invoice 3 Commuter Challenge may withhold reunbursement pending receipt of Quarterly Progress Reports. Kent City Council Meeting Date April 1, 2003 Category Consent Calendar 1. SUBJECT: ZONING CODE AMENDMENT—PLANNED UNIT DEVELOPMENT (PUD) #ZCA-2002-5 (KIVA#2023895)—MOTION AND SET PUBLIC HEARING DATE 2. SUMMARY STATEMENT: As approved by the Planning Committee on March 18, 2003,move to hold the public hearing on this matter before the City Council in lieu of holding the hearing before the Land Use and Planning Board(as provided by KCC 2.57.040(B)) and to direct staff to provide appropriate public notice for a public hearing on April 15, 20031umted to the issue of the length of one-way loop streets within PUDs. At the last Planning Committee meeting,the comrmttee decided to add for consideration the issue of the length of one-way loop streets within PUDs. Because the public hearing on all other proposed amendments had already been held,the committee determined to hold a second public hearing on this one limited issue before the full council, rather than the LUPB, in order to keep this matter moving forward in a timely manner. This motion also requires staff to publish,mail and post appropriate notice for a public hearing on this matter o n , 2003 Council will allow interested persons who wish to appear and speak at the hearing up to three (3)minutes to address the council Anyone who wishes to submit written materials may do so up to the close of the hearing. At the conclusion of the public hearing,the council will consider the testimony regarding loop streets as well as the Planning Committee's recommendation of approval of other amendments to KCC 15.08.400 discussed in a public hearing on February 20 before the Land Use & Plammng Board. 3. EXHIBITS• None 4. RECOMMENDED BY: Planning Committee (3/18/03) (Committee, Staff, Examiner, Commission, etc.) 5 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6 EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6K Kent City Council Meeting Date Ayril1. 2003 Category Other Business 1. SUBJECT: KENT EAST HILL TOWNHOMES REZONE (RZ-2002-3) 2 SUMMARY STATEMENT: This request by Dennis Johnson, Fremantle Development, Inc. is to rezone approximately 1.06 acres of property from CC, Community Commercial, to MR-T16, Multifamily Residential Townhouse. The property is located at 25200 104s'Avenue SE. The Kent Hearing Examiner held a public hearing on February 19, 2003 and issued Findings, Conclusions and a recommendation for approval on March 5, 2003. 3. EXHIBITS: Map; Findings, Conclusions and Recommendations; and staff report 4. RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc.) I 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES_ 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember Qrju moves, Councilmember seconds to accept/rojeet4nodgy the Findings, Conclusions and Recommendations of the Hearing Examiner on the Kent East Hill Townhomes Rezone (#RZ-2002-3), and to direct the City Attorney to prepare the necessary ordinance. DISCUSSION: ACTION: 7n l✓ Council Agenda Item No. 7A COMMUNITY DEVELOPMENT Fred N Satterstrom, Director PLANNING SERVICES • Charlene Anderson,AICP,Manager \1117KENT Phone 253-856-5454 W/.SXINp YON Fax 253.856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 KENT PLANNING SERVICES (206) 856-5454 STAFF REPORT FOR HEARING EXAMINER MEETING OF FEBRUARY 19, 2002 FILE NO. Kent East Hill Townhomes Rezone #RZ-2002-3 KIVA#2023084 APPLICANT: Fremantle Development, Inc Dennis Johnson (425) 467-6602 REQUEST: A request to rezone approximately 106 acres of property from CC, Community Commercial to MR-T16, Multifamily Residential Townhouse STAFF REPRESENTATIVE. Sharon Clamp, Planner STAFF RECOMMENDATION. APPROVAL I. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to rezone approximately 1.06 acres from CC, Community Commercial to MR-T16, Multifamily Residential Townhouse District. Staff Report Kent East Hill Townhomes Rezone #RZ-2002-3 KIVA #2023084 B. Location The subject property is located at 25200 1041h Avenue Southeast and is identified by King County Tax Parcel number 2022059290. C. Size of Property The property consists of one 1.06-acre parcel. There are no sensitive areas on the site. D. Zoning Properties surrounding the subject site to the south and west are zoned CC, Community Commercial The property to the east of the subject site, is zoned MR-M, Medium Density Multifamily Residential The property directly to the north is zoned O, Office District. E Land Use The subject property is currently vacant and undeveloped The City of Kent Comprehensive Plan designates the property as Mixed Use Restricted. Properties to the north, west and south also have a Comprehensive Plan designation of Mixed Use Restricted. The two adjacent properties to the east have a Comprehensive Plan designation of Medium Density Multifamily F History The property is part of 19 acres annexed to the City of Kent in August 1968 under Ordinance No. 1531. The subject parcel was created in 1987 as Lot 2 of the Kleppen two-lot short plat (City of Kent SP-87-8). it. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A Mitigated Determination of Nonsignificance (#ENV-2002-43) for the rezone proposal and a site-specific proposal for a 16-unit townhouse complex was issued on December 23, 2002. No conditions were proposed for the rezone portion of the SEPA application. Page 2 of 10 Staff Report Kent East Hill Townhomes Rezone #RZ-2002-3 KIVA #2023084 The proposed rezone contemplates a 16-unit townhouse development The applicant's SEPA application requested both a non-project analysis (rezone) and project-specific analysis On-site environmental impacts associated with the proposed project specific development have been analyzed and conditioned in the above referenced determination The project specific proposal is dependent upon the outcome of the rezone application. B. Significant Physical Features Topography. Wetlands and Vegetation No sensitive areas have been identified on the subject site Vegetation on the subject parcel consists of grass and several significant maple trees located on the northeast corner of the site. The site is generally flat as on- site slopes do not exceed three percent C Significant Social Features 1 Street System The subject property is located adjacent to 104`" Avenue SE which is classified as a Minor Arterial. The street is currently developed with fives lanes of traffic and is improved with cement concrete curbs and gutters, a stormwater drainage system, cement concrete sidewalks and street lighting system. 2 Water System The site is located within the City of Kent water service area Sanitary Sewer System The site is located within the City of Kent sanitary sewer service area. 3. Stormwater System A stormwater system will be necessary to accommodate any subsequent development. The developer will be required to complete a drainage analysis and develop and submit drainage plans prepared in accordance with the 2002 City of Kent Surface Page 3 of 10 Staff Report Kent East Hill Townhomes Rezone #RZ-2002-3 KIVA #2023084 Water Design Manual and the 1998 King County Surface Water Design Manual Ill. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application. Chief Administrative Officer City Attorney Director of Public Works Police Department Parks & Recreation Director Fire Chief Building Official City Clerk U.S. Post Master Kent School District Washington State DOT K. C. Wastewater Treatment Puget Sound Energy King Co. Environmental Health Qwest King Co. Transit Division In addition to the above, all persons owning property which lies within 300 feet of the site were notified of the application and of the public hearing. Staff comments have been incorporated in the staff report where applicable. IV. PLANNING SERVICES REVIEW A. Comprehensive Plan In 1995, the Kent City Council adopted the Kent Comprehensive Plan, which represented a complete revision to the City's 1977 comprehensive plan. The 1995 plan was prepared under the provisions of the Washington State Growth Management Act. The Comprehensive Plan, through its goals and policies, presents a clear expression of the City's vision of growth for citizens, the development community, and other public agencies The plan is used by the Mayor, City Council, Land Use and Planning Board, Hearing Examiner, and City departments to guide decisions on amendments to the City's zoning code and other development regulations, which must be consistent with the plan, and also guide decisions regarding the funding and location of capital improvement projects. LAND USE ELEMENT The Land Use Element of the plan contains a Land Use Plan Map, which designates the type and intensity of land uses throughout the city, as well Page 4 of 10 Staff Report Kent East Hill Townhomes Rezone #RZ-2002-3 KIVA #2023084 as in the entire potential annexation area. The Land Use Plan Map designates the subject property as Mixed Use-Restricted (MU-R). The land use element also contains goals and policies relating to the location, density, and design of future development in the City and in the Potential Annexation Area. Overall Goal- Encourage a future growth and development pattern which implements the community's vision, protects environmentally sensitive areas, and enhances the quality of life of all of Kent's residents Goal LU-8: The City of Kent adopts a 20-year housing target of 7,500 new dwelling units within the existing city limits. Coordinate with King County through an interlocal agreement on housing targets in the unincorporated area within Kent's Potential Annexation Area. Policy LU-8.3: Locate housing opportunities within close proximity to employment, shopping, transit and human and community services Planning Services Comment. The goals and policies of the land use element support the proposed rezone. The subject �roperty will take access off of 104`h Avenue SE Land uses along 104` Avenue in this area include office, medical office, restaurant, strip retail, professional services, childcare and personal services A neighborhood park is located within one-quarter mile of the subject property METRO bus routes service the area via stops along 104"' Avenue SE. Goal LU-9. Provide opportunities for a variety of housing types, options, and densities throughout the city and the Potential Annexation Area. Policy LU-9 2- Allow and encourage a variety of multifamily housing forms, such as townhouses, residences above businesses, triplexes and fourplexes, duplexes, and attached single-family units in multifamily districts and designated commercial areas. Planning Services Comment The MR-T16 zoning district allows a variety of residential uses including townhouse units, duplexes and single family dwellings. Page 5 of 10 Staff Report Kent East Hill Townhomes Rezone #RZ-2002-3 KIVA #2023084 HOUSING ELEMENT Goal H-1: Promote healthy neighborhoods by providing a wide range of housing options throughout the community that are accessible to community and human services, employment opportunities, and transportation and by being sensitive to the environmental impacts of development. Policy H-1.2: Guide new residential development into areas where community and human services and facilities are available, and in a manner, which is compatible with the land use element. Planning Services Comment The proposed rezone is supported by relevant goals and policies of the housing element. As noted above, the proposed location is within close proximity of a variety of community service uses and has easy access to public transportation. Also, as noted elsewhere in this report, the proposed rezone is consistent with the Land Use Plan Map, which contemplates Mixed-Use development for this area. Goal H-4: Expand home ownership opportunities for all income groups via land use regulations, financial strategies, and the removal of barriers to lending. Policy H-4.1: Revise zoning and development standards to facilitate small lot sizes, manufactured housing on single-family lots, townhouses, condominiums, clustering, and other options which increase the supply of affordable home ownership opportunities. Planning Services Comment: The MR-T16 zoning designation allows for, among other housing options, medium density townhouse development. Attached housing such as townhouses promotes housing variety and affordability and more efficiently utilizes the areas of available land TRANSPORTATION ELEMENT Goal TR-1: Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act Page 6 of 10 Staff Report Kent East Hill Townhomes Rezone #RZ-2002-3 KIVA #2023084 Policy TRAA: Locate commercial, industrial, multifamily, and other uses that generate high levels of traffic in designated activity centers around intersections of principal or minor arterials or around freeway interchanges Policy TRA 5. Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible. Policy TR-1.7. Promote land use patterns that support public transportation Planning Services Comment- The Growth Management Act requires consistency between land use and transportation planning As noted, the Land Use Plan identifies the area of the rezone for Mixed Use-Restricted. 100 Avenue SE, a minor arterial street, is currently improved to its design standard and will require only the installation of a new commercial driveway approach if the property is developed as a townhouse complex. B Standards and Criteria for Granting a Request for Rezone The following standards and criteria (Kent Zoning Code, Section 15.09.050) are used by the Hearing Examiner and City Council to evaluate a request for a rezone. Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria 1 The proposed rezone is consistent with the Comprehensive Plan, Planning Services Comment The Comprehensive Plan Land Use Plan Map designates the subject property as Mixed Use-Restricted which is discussed in the Land Use element of the Comprehensive Plan. The Mixed-Use Restricted designation allows multifamily development only as part of a mixed-use development. The MR-T16 zoning district does not allow retail or office uses and appears to be in conflict with the MU-R requirement for a mix of uses, however, it is important to note that this site is located immediately adjacent to office, restaurant and service development with other service and retail uses in the immediate vicinity. It is also notable that with the Page 7 of 10 Staff Report • Kent East Hill Townhomes Rezone #RZ-2002-3 KIVA #2023084 existing zoning designation of CC, Community Commercial, this property is able to convert to MR-T16 per the Kent Zoning Code. Planning Services staff has determined that the close proximity of service and retail uses will allow residential development of this site to be part of a larger mix of uses located within the immediate vicinity and is thus consistent with the intent of the MU-R Comprehensive Plan designation. As discussed earlier, the proposed rezone is also consistent with the applicable goals and policies in the Comprehensive Plan. 2 The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Planning Services Comment The proposed rezone and subsequent development of the site will be compatible and integrate well with the existing development in the vicinity. The existing developments located directly adjacent to the subject property to the north and east are townhouses. Additionally, there are multifamily developments to the northeast and southeast of the subject property Construction of 16 new townhouses on the subject site would be consistent with the existing neighborhood character. The Lake Plaza Townhouse development located ad�acent to and north of the subject site also takes its access directly off 104 Avenue SE. 3. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. Planning Services Comment A rezone of this property to MR-T16 Multifamily Residential Townhouse district will not generate additional trips onto the existing transportation system. However, subsequent development of a proposed 16-unit townhouse development will add 13 PM peak hour trips to the local street system, and the applicant will be required to participate in other City transportation improvement projects by providing environmental mitigation fees for the impacts created by the development In addition, there are no single-family residential neighborhoods in the immediate vicinity that will be disrupted by a development of a townhouse complex on the subject property. Page 8 of 10 Staff Report Kent East H61 Townhomes Rezone #RZ-2002-3 KIVA #2023084 4 Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Planning Services Comment The subject parcel was annexed to the City of Kent in 1968 and was originally developed with a single-family residence. The residence was demolished in June 1994 The earliest available zoning map from 1974 shows the property zoned Community Commercial The subject parcel was created in 1987 as a result of a two-lot short plat (City of Kent SP-87-8). The short plat created a panhandle configuration on the parcel that restricts visibility of development from 104u' Avenue SE Due to this configuration, any retail development on the site would need be destination oriented rather than counting on pass-by traffic for business. In addition, a one-acre site is not large enough for a destination retailer and would not have adequate access for such a use. Viability of office use is limited due to the high vacancy rate of offices in South King County and in the immediate vicinity of the subject property. 0 In 1995 the City of Kent adopted its Comprehensive Plan which designated this area as Mixed Use Restricted. This designation allows retail, office and multifamily residential uses together in the same area Additionally, in August 1999 the City of Kent passed Ordinance No 3470 creating the MR-T16 zoning designation and stipulating prerequisite zoning designations for property to be zoned at the time a rezone request is filed. The current zoning of the subject parcel, Community Commercial, meets that prerequisite as stated in Kent City Code 15 04 030 19 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Planning Services Comment The proposed rezone is consistent with the intent of the Comprehensive Plan. Subsequent development on the site will have to meet applicable codes and regulations, including mitigation of anticipated environmental impacts Therefore, the rezone proposal will not adversely affect the health, safety and general welfare of the citizens of the City of Kent 6. The proposed rezone site is adjacent to or has convenient access to an arterial street to ensure that the traffic accessing the MR-T Page 9 of 10 Staff Report Kent East Hill Townhomes Rezone #RZ-2002-3 KIVA #2023084 development minimizes the disruption to single-family residential neighborhoods. Planning Services Comment The proposed rezone site will take its access off 104th Avenue SE, which is classified as a minor arterial and Is fully developed to its design standard. There are no single-family residential neighborhoods in the immediate vicinity that will be disrupted by development of a townhouse complex on the subject property V CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a rezone, the City staff recommends APPROVAL without conditions of the Kent East Hill Townhomes rezone KENT PLANNING DEPARTMENT February 12, 2002 ch.S\Permit\Plan\rezone\2002\2023084-2002-3reportdoc Page 10 of 10 a SE 2461" ST SE 4 2WM p sT 8 - sE zw < se v5 g — 8 zxn+ sT M z X APPLICATION NAME: KENT EAST HILL TOWNHOMES REZONE REQUEST. #RZ-2002-3 KIVA#RPP4-2023084 VICINITY MAP ll�J,1 oul 6iagwloH q ewieg ! A e. ; a co A s ! H O Lil . r FF 1 i p 00 v _ Sy3 cy Lu 0. O Q # 7 gegygS1 tl � SIN(Qa JYQ we r pC4 N O COO C4, � N O O �j W2NN Y � K7lN Id -- ---- i r—i r cc r --- I -; - t C;O F ; — t i r---- U I , ------ — -- ____-__�_ ____________i____.________ _ _T_ t_________________; o I , ICa N----------------- cc w O U F- .404� OFFICE OF THE LAND USE HEARING EXAMINER COMMUNITY DEVELOPMENT Theodore P Hunter Fred N. Satterstrom, AICP Hearing Examiner Director FINDINGS, CONCLUSIONS AND RECOMMENDATION PLANNING SERVICES FILE NO KENT EAST HILL TOWNHOMES Charlene Anderson, AICP Manager #RZ-2002-3 KIVA#RPP4-2023084 MadrngAddress APPLICANT- Fremantle Development, Inc. 220 Fourth Ave.S Kent,WA 98032-5895 Dennis Johnson Location Address, REQUEST A request to rezone approximately 106 acres of 400 West Gowe Kent,WA98032 property from CC, Community Commercial to MR-T16, Multifamily Residential Townhouse Phone 253-856-5454 Fax 253-856-6454 LOCATION: 25200 1041h Avenue SE APPLICATION FILED: October 1, 2002 DETERMINATION OF NONSIGNIFICANCE ISSUED* December 23, 2002 MEETING DATE- February 19, 2003 RECOMMENDATION ISSUED March 5, 2003 RECOMMENDATION APPROVAL STAFF REPRESENTATIVE Sharon Clamp, Planning Services PUBLIC TESTIMONY. Dennis Johnson, applicant EXHIBITS: 1. Staff Report with Attachments a. Application b. Correspondence between Applicant and City ' c. City Staff Routing & Comments d. Public Notice / Public Routing e. Mitigated Determination of Nonsignificance f. Environmental Checklist FINDINGS 1. Mr. Dennis Johnson (Applicant) requests a zoning map amendment (rezone) to rezone 106 acres from CC, Community Commercial, to MR-T16, Multifamily Residential Townhouse for property located at 25200 100 Avenue SE.' Exhibit 1, Staff Report, Page 1, Attachment a, Application. 2. Properties located to the south and west are zoned CC, Community Commercial, to the east, the property is zoned MRM, Medium Density Multifamily Residential, to the north, the property is zoned 0, Office District Exhibit 1, Staff Report, Page 2. 3. The subject property is vacant and undeveloped even though it has had a Community Commercial zoning designation since at least 1974. The subject property was part of a short plat granted in 1987. That plat resulted in a "panhandle" configuration for access to the site that resulted in a reduction of visibility of the lot from 104th Avenue SE. Thus, the property is unlikely to be developed with a retail use since there would be no business from pass-by traffic and is not large enough to be developed with a typical destination retail use. There are a number of commercial uses nearby the property including offices, a restaurant and service development. There are also retail developments in the immediate vicinity Site View, Exhibit 1, Staff Report, Page 7. 4. The Kent Comprehensive Plan Land Use Plan designates the site as Mixed Use- Restricted (MU-R). This designation allows multifamily development only if it is part of a mixed-use development The proposed MR-T16 zoning does not allow for retail or office uses The city's professional planner, however, testified that the intent of the comprehensive plan would be met with the proposed zoning because of the close proximity of retail and service uses in the immediate vicinity. In addition, several Kent Comprehensive Plan Goals support the proposed zoning designation These include LU-8, which encourages the location of housing within close proximity to employment, shopping and community services and LU-9, which encourages a variety of housing types, options, and densities throughout the city. Exhibit 2, Staff Report, Page 8, Testimony of Mr Gilbert.. 5. The Applicant testified that he is seeking the rezone to facilitate development of a three-story, 16-unit townhouse complex. Testimony of Mr. Johnson The City issued a Mitigated Determination of Nonsignificance (MDNS) (#ENV-2002-43) for ' The legal description for the subject property is Lot B City of Kent Boundary Line Adjustment as Recorded under Recording No 9102220353,Records of King County,Washington, being a portion of Lots 1 &2, City of Kent Short Plat No SP-87-8 as Recorded under Recording No 8712080994, Records of King County,Washington; Located in the SE%of the SW Y, of Section 20,Township 22 N,Range 5 E, W M , King County, Washington, King County Tax Parcel No 2022059290 Exhrbit 1, Attachment a, Application. City of Kent Hearings Examiner 0 Kent East Hill Townhomes Rezone #RZ-2002-3 KIVA #RPP4-2023084 Page 2 of 5 the rezone and proposed townhouse project on December 23, 2002. The MDNS states that no mitigation is needed for the rezone portion of the proposed project, but that conditions related to mitigation of traffic impacts caused by the townhouse portion of the proposed project are necessary to avoid significant adverse environmental impacts. The MDNS was not appealed. Exhibit 1, Attachment e, Mitigated Determination of Non-Significance 6. Notice of the hearing was given in accordance with applicable city ordinances No one testified in opposition to the proposed rezone. Exhibit 1, Attachment d, Public Notice. CONCLUSIONS Jurisdiction The Hearing Examiner has jurisdiction to hold an open record hearing on this quasi- judicial rezone and to issue a written recommendation for final action to the Council, pursuant to RCW 35A 63 170 and Chapters 2 32 and 15 09 of the Kent City Code Criteria for Review Section 15 09 050(A)(3) of the Kent Zoning Code sets forth the standards and criteria the Hearing Examiner must use to evaluate a request for a rezone. A request for a rezone shall only be granted if, A The proposed rezone is consistent with the Comprehensive Plan; B The proposed rezone and subsequent development of the site would be compatible with development in the vicinity; C. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated; D Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone, E. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Conclusions based on Findings- 1. The proposed rezone is consistent with the Comprehensive Plan. The proposed zoning map amendment will change the zoning of the site to a 0 designation that will be compatible with the existing comprehensive plan City of Kent Hearings Examiner Kent East Hill Townhomes Rezone #RZ-2002-3 KIVA #RPP4-2023084 Page 3 of 5 designation. The proposed rezone would allow for a residential development on the subject property that will further the Clty's development goals in the area. This is true even though the proposed zoning designation would facilitate residential development only, and not the mixed-use development contemplated by the MR-T16 zoning. The Washington Courts have held that a comprehensive plan is merely a blueprint such that only general conformance with its content is necessary to support a rezone request. See, Lutz v Longview,83 Wn 2d 566 (1974); Buell v Bremerton, 80 Wn.2d 518(1972). Here, the proposed rezone would be consistent with the existing development of the surrounding area when coupled with the specific project proposed by the Applicant2. This meets the "general conformance" test for consistency between the comprehensive plan and the proposed zoning designation. Findings of Fact Nos. 1, 2, 3, 4, 5.. 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. The proposed rezone and any subsequent development of the site authorized within the proposed zoning designation would be compatible with the existing development in the vicinity. Properties in the immediate vicinity of the proposed rezone are developed with retail and commercial uses. Residential development of the subject property would contribute customers for those existing uses and would also provide convenient services and employment opportunities to future residents of the subject property. Findings of Fact Nos. 1 - 5. 3. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. The proposed rezone by itself will not generate added trips to the existing transportation system; however subsequent development may do so if adverse impacts are not carefully mitigated at the time of development. Because subsequent development may increase traffic in the vicinity, traffic impacts may require mitigation including road construction, signalization, provision of mass transit and payments toward improvement of the Kent road system Mitigation of traffic impacts associated with a proposal to develop a 16-unit townhouse development on the subject property was addressed in an MDNS as part of the review of this rezone proposal. That review determined that adverse traffic impacts could be mitigated for that proposal. Findings of Fact Nos. 1 & 5. 2 It is important to note the distinction between a"project rezone"and a"contract rezone"for purposes of a review of this rezone application. The Applicant does intend to develop a specific project if the rezone is approved Thus, the scope of the project may be reviewed as part of the proposed rezone to help determine consistency with the comprehensive plan The Applicant does not, however,propose a "contract rezone"where the approval of a rezone request is inextricably tied to development of a specific project The Hearing Examiner recognizes that a project different from that currently proposed by the Applicant may be developed on the subject property if it is consistent with the zoning designation at the time a complete project application is submitted City of Kent Hearings Examiner Kent East Hill Townhomes Rezone #RZ-2002-3 KIVA #RPP4-2023064 Page 4 of 5 4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. The subject property was created In 1987 as a result of a short plat. That plat created a "panhandle" access to the site that makes it unsuitable for most commercial development There is no visibility of the property from 1041h Avenue SE and the property is not large enough for development with a destination retail use The site has remained undeveloped under the Community Commercial zoning designation, In place since at least 1974 In 1999 the City of Kent created the MR-T16 zoning district to facilitate increased home ownership through condominium and townhouse developments. The current zoning of Community Commercial is one of the zones that the City Council identified as appropriate for conversion a MR- T16 zoning designation. Thus, both the politics and economics of land use have changed in the past nineteen years In a manner that supports designation of the subject property with a multifamily zone Findings of Fact Nos. 2,3,4 . 5 The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. The Applicant proposes rezoning the subject property in a manner consistent with the intent of the Comprehensive Plan. Any subsequent development on the site will have to meet applicable codes and regulations in place at the time of a complete development proposal, as well as mitigate any adverse environmental impacts related to a specific proposal Therefore, the rezone proposal will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Findings of Fact Nos. 1 - 6 RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that the application by Dennis Johnson for a zoning map amendment to rezone 106 acres from CC, Community Commercial, to MR-T16, Multifamily Residential Townhouse for property located at 25200 1041" Avenue SE be GRANTED, without conditions. DATED this 5'" day of February 2003 �' A4 " THEODORE PAUL HUNTER Hearing Examiner ch S\Permit\Plan\rezone\2002\2023084-2002-3findings doc • City of Kent Hearings Examiner Kent East Hill Townhomes Rezone #RZ-2002-3 KIVA #RPP4-2023084 Page 5 of 5 Kent City Council Meeting Date April 1, 2003 Category Bids 1 SUBJECT: LID 329—74TH AVENUE SOUTH &WEST WILLIS INTERSECTION IMPROVEMENTS 2 SUMMARY STATEMENT: The bid opening for this project was held on March 21 st with five bids received. The low bid was submitted by Signal Electric in the amount of$205,635.16. The Engineer's estimate was $225,031.04. The Public Works Director recommends awarding this contract to Signal Electric. 3. EXHIBITS: Bid summary memorandum 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember U aA moves, Councilmember_(�44�seconds that the LID 329 — 74th Ave. S. and West Willis Intersection Improvements contract be awarded to Signal Electric for the bid amount of$205,635.16. DISCUSSION: • ACTION: Council Agenda Item No. 8A v PUBLIC WORKS DEPARTMENT Don E Wickstrom, P E Public Works Director • Phone 253-856-5500 Fax 253-856-6500 K EN T Address 220 Fourth Avenue S WASHINGTON Kent,WA 98032-5895 Memorandum DATE' Apnl 1, 2003 TO Mayor and City Co ci FROM Don Wickstrom, Works Director RE: LID 329 741h Ave S & W. Willis St Intersection Improvements Bid opening for this project was held on March 21 with five bids received The low bid was submitted by Signal Electric in the amount of $205,635 16 The Engineer's estimate was $225,031 04 The Public Works Director recommends awarding this contract to Signal Electric Bid Summary Signal Electric $205,635 16 Potelco $213,742 14 Totem Electric $216,140 07 TransTech Electric $240,466 69 MT Electric $244,906 46 Engineer's Estimate $225,031 04 MOTION• Councilmember moves, Councilmember seconds that the LID 329 74`h Ave S & W Willis St Intersection Improvements contract be awarded to Signal Electric for the low bid amount of$205,635 16 . REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT WOTIA u-b dJ B. OPERATIONS COMMITTEE C. PUBLIC SAFETY COMMITTEE D. PUBLIC WORKS E. PLANNING COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS REPORTS FROM SPECIAL COMMITTEES • • CONTINUED COMMUNICATIONS A. EXECUTIVE SESSION A) Pending Litigation • i ACTION AFTER EXECUTIVE SESSION A)