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
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SUMMARY AGENDA CONTINUED
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10. REPORTS FROM SPECIAL COMMITTEES
11. CONTINUED COMMUNICATIONS
12. EXECUTIVE SESSION
A. Pending Litigation I
13. ACTION AFTER EXECUTIVE SESSION
14. ADJOURNMENT
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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
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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-.
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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
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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
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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
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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
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e 72 t i �/ i x
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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 �.
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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
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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
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Page 10 of 10
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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)