HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 05/06/2003 Uty of Kent
Gt rCouncil-Agenda
May 6, 2003
Mayor Jim White
Councilmembers
Judy Woods, Council President
Tam Clark Julie Peterson
Connie Epperly Bruce White
Leona Orr Rico Yingling
KENT
City Clerk's Office
SUMMARY AGENDA
KENT CITY COUNCIL MEETING
KENT May 6, 2003
• W^s« » Council Chambers
7:00 p.m.
MAYOR: Jim White COUNCILMEMBERS Judy Woods, President
Tim Clark Connie Epperly Leona Orr
Julie Peterson Bruce White Rico Yingling
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1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
A FROM COUNCIL,ADMINISTRATION, OR STAFF
B FROM THE PUBLIC
4. PUBLIC COMMUNICATIONS
A Drinking Driver Task Force Poster Design Contest Winners
B. Introduction of Appointees
C. Employee of the Month
D Proclamation—Arson Awareness Week
E. Proclamation—Neurofibromatosis Awareness Month
F. Proclamation—Mental Health Month
G. Proclamation—Letter Carriers Food Drive Week
H. Proclamation—National Public Works Week
5 PUBLIC HEARINGS
None
6. CONSENT CALENDAR
A. Minutes of Previous Meeting—Approve
B. Payment of Bills—Approve
C. Planned Unit Development Zoning Code Amendment inance—Adopt
D. Reappointment to the Public Development Authority Board-Confum
E. Comcast Construction Agreement—Authorize
F. Qwest Construction Agreement—Authorize
G. Comprehensive Plan Grant, Scope of Work Revision, Contract Amendment—
Authorize
H. S.E. 278th St. Street Vacatio , Re lution Setting Public Hearing Date—Pass
I. Burrow's Short Plat-Acceprl
J. Land Use and Planning Board Appointment—Confirm
7. OTHER BUSINESS
None
8. BIDS
None
(continued next page)
SUMMARY AGENDA CONTINUED
9 REPORTS FROM STANDING COMMITTEES AND STAFF
10. REPORTS FROM SPECIAL COMMITTEES
11 CONTINUED COMMUNICATIONS
12 EXECUTIVE SESSION
A. Pending Litigation
B Property Acquisition
13. ACTION AFTER EXECUTIVE SESSION
14. ADJOURNMENT
NOTE A copy of the full agenda packet is available for perusal in the City Clerk's Office and the
Kent Library The Agenda Summary page is on the City of Kent web site at
www.ci.kent.wa.us.
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office in advance at
(253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at
1-800-833-6388.
CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the subject of
interest, so all may be properly heard.
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
B) FROM THE PUBLIC
PUBLIC COMMUNICATIONS
A) DRINKING DRIVER TASK FORCE POSTER DESIGN CONTEST
WINNERS
B) INTRODUCTION OF APPOINTEES
C) EMPLOYEE OF THE MONTH
D) PROCLAMATION-ARSON AWARENESS WEEK
E) PROCLAMATION-NEUROFIBROMATOSIS AWARENESS MONTH
F) PROCLAMATION-MENTAL HEALTH MONTH
PUBLIC COMMUNICATIONS
(continued)
G) PROCLAMATION—LETTER CARRIERS FOOD DRIVE WEEK
H) PROCLAMATION—NATIONAL PUBLIC WORKS WEEK
CONSENT CALENDAR
6. City Council Action: !/� /
Councilmember W moves, Councilmember UUV"
seconds to approve Consent Calendar Items A through J.
Discussion
Action m
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of April 15, 2003.
613. Approval of Bills.
Approval of payment of the bills received through April 15 and paid on April 15 after
auditing by the Operations Committee on April 15, 2003.
Approval of checks issued for vouchers:
Date Check Numbers Amount
4/15/03 Wire 1398-1409 $1,201,194.83
4/15/03 Prepays & 546824 886,007.05
4/15/03 Regular 547552 864,114.86
$2,951,316.74
16
Council Agenda
Item No. 6 A-B
•
KEN T Kent, Washington
Wws« x azox
April 15, 2003
The regular meeting of the Kent City Council was called to order
at 7 : 00 p.m. by Mayor white. Councilmembers present : Epperly,
Orr, Peterson, White, and Woods . Others present : Chief
Administrative Officer Martin, City Attorney Brubaker, Public
Works Director Wickstrom, Parks, Recreation and Community Services
Director Hodgson, Community Development Director Satterstrom,
Finance Director Miller, Deputy Police Chief Miller and Employee
Services Director Viseth. Councilmembers Clarks and Yingling were
excused from the meeting. Approximately 75 people were in
attendance . (CFN-198)
CHANGES TO THE AGENDA
From Council, Administration or Staff. At the request of
the Mayor, an excused absence for Councilmember Yingling
was added to Consent Calendar Item 6J. The dollar amount
on Consent Calendar Item 60 was amended by Woods from
$120 , 000 to $138 , 090 . (CFN-198)
From the Public. At the request of Bob O' Brien,
Continued Communications Item 11A was added. (CFN-198)
. PUBLIC COMMUNICATIONS
Proclamation - Records and Information Management Month.
The Mayor read a proclamation noting the importance of
careful management of the public records and presented
the proclamation to Nancy Richards, the City' s Records
Management Officer. (CFN-155)
Proclamation - Lions White Cane Days. Mayor White read a
proclamation declaring May 2-3, 2003 , as Lions White Cane
Days in the City of Kent. He noted that donations raised
during this event are used to help fund the Northwest
Lions Eye Bank, the Lions Health Screening Unit, and the
Lions Patient Care Program. He presented the proclama-
tion to Joey Gomes . (CFN-155)
Tree City USA. Sarah Griffith, Program Manager for the
Washington State Department of Natural Resources/Urban
and Community Forestry, presented the City with its first
Tree City USA award. Griffith congratulated the Parks
staff for their work and presented the Mayor with the
award, a flag, and two entrance signs . (CFN-155)
1
Kent City Council Minutes April 15, 2003
CONSENT CALENDAR
WOODS MOVED to approve Consent Calendar Items A through
Q, with Item 0 as amended. Peterson seconded and the
motion carried.
MINUTES
(CONSENT CALENDAR - ITEM 6A) (CFN-198)
Approval of Minutes. Approval of the minutes of the
regular Council meeting of April 1, 2003 .
ZONING CODE AMENDMENT
(PUBLIC HEARINGS - ITEM SA) (CFN-131)
Planned Unit Development Zoning Code Amendment
ZCA-2002-5. The Land Use & Planning Board held a
public hearing on February 24, 2003 and recommended PUD
amendments to reduce the minimum acreage in single
family zones, to establish parking, walkway and design
requirements, and to add review criteria. The Planning
Committee recommended approval with additional modifi-
cations, including amendment of density bonus provisions . .
The Committee requested consideration of one additional
modification, the length of one-way loop streets within
PUD' s and this date has been set for a public hearing on
this single issue only.
Planning Manager Charlene Anderson explained that cur-
rently planned unit developments are allowed in single
family zoning districts on 100 acres or more, and that
the PUD process promotes creativity in site design. She
noted that Kentview LLC recently proposed an amendment to
the PUD ordinance to allow PUDs on 20 acres, and that
Land Use & Planning Board decreased the number of acres
to 10 . She noted that staff is not recommending any
change to the existing Code language, which limits the
one way loop streets to 1, 500 ' in length. She noted for
Peterson that the Fire Department and the Public Works
Department both recommend no change to the Code language.
The Mayor opened the public hearing. Paul Morford, P.O.
Box 6345 , Kent, 98064 , explained that he has a 9.5 acre
triangular piece of property which is near the freeway
and a railroad. He displayed an aerial photo of the site
and a sketch of his proposal . He noted that the 1500 '
limit does not work at this location, but that a 2000 '
limit would work.
2
Kent City Council Minutes April 15, 2003
ZONING CODE AMENDMENT
There were no further comments from the audience and
WOODS MOVED to close the public hearing. Orr seconded
and the motion carried. ORR MOVED to modify the Planning
Committee ' s recommendation of approval of the Planned
Unit Development Zoning Code Amendment (#ZCA-2002-5) , to
extend the code limits for one-way loop street in PUD' s
to 2 , 000 feet in length, with one technical change on
page one of the PUD ordinance under Permitted Uses (No.
4) to amend the third sentence to read "in PUDs of 100
acres or more in size" and "provided that if a proposed
PUD in a single family zoning district includes such
attached condominiums, density bonuses would not apply, "
and to direct the City Attorney to prepare the necessary
ordinance. Woods seconded. Orr requested that the first
such project be monitored. The motion then carried.
REZONE
(CONSENT CALENDAR - ITEM 6K) (CFN-121)
Kent East Hill Townhomes Rezone Ordinance. Adoption of
Ordinance No. 3641 relating to land use and zoning,
rezoning property comprised of approximately 1 . 06 acres
located at 22050 104th Avenue Southeast, from Community
Commercial (CC) , to Multifamily Residential Townhouse
(MR-T16) , (Kent East Hill Townhomes Rezone, #RZ-2002-3) .
PLAT
(CONSENT CALENDAR - ITEM 6Q) (CFN-1272)
Chelmsford Final Plat. Approve the final plat for
Chelmsford #FSU-2002-1 submitted by Shupe Holmberg on
behalf of SWG Construction.
PUBLIC WORKS
(CONSENT CALENDAR - ITEM 6E) (CFN-1038)
Transportation Improvement Board Grant Agreement.
Authorize the Mayor to sign the Transportation
Improvement Board Grant Agreement, to direct staff to
accept the grant and to establish a budget for the funds
to be used on the Pacific Highway South SR 99 HOV Lanes
project .
(CONSENT CALENDAR - ITEM 6F) (CFN-957)
Kent Springs Transmission Main Repair. Authorize the
Mayor to award the Kent Springs Transmission Main Repair
project to the lowest responsible bidder subject to the
3
Kent City Council Minutes April 15, 2003
PUBLIC WORKS
Public Works Director and City Attorney' s concurrence of
the language therein. The current estimate of the repair
is $160, 000 .
(CONSENT CALENDAR - ITEM 6G) (CFN-1036)
National Pollution Discharge Elimination System Budget
Recommendation. Authorization to establish the budget
for the program listed in Public Works Director' s memo
dated April 1, 2003 including the respective reallocation
of the funds from the National Pollution Discharge
Elimination System (NPDES) permit and Endangered Species
Act (ESA) Capital Improvement Project funds along with
authorizing the new Engineer II position, subject to a
review after one year before it' s included in the budget
for 2005 .
(CONSENT CALENDAR - ITEM 6H) (CFN-1038)
Puget Sound Energy Construction Agreement. Authorize
the Mayor to sign an agreement with Puget Sound Energy
for relocating existing underground power utilities to a
lower depth as part of the West Fork Soosette Creek
Improvements project, subject to the Public Works
Director and City Attorney' s concurrence of the language
therein.
(CONSENT CALENDAR - ITEM 6I) (CFN-1038)
Qwest Construction Agreement. Authorize for the Mayor
to sign an agreement with Qwest for relocating existing
underground telephone facilities to a lower depth as part
of the West Fork Soosette Creek Improvements project,
subject to the Public Works Director and City Attorney' s
concurrence of the language therein.
(BIDS - ITEM 8A) (CFN-1278)
Pacific Highway South Storm Drainage Improvements. The
bid opening for this project was held on March 14th
with twenty-one bids received. The low bid was sub-
mitted by Gary Merlino Construction Co. in the amount of
$546, 995 . 00 . The Engineer' s estimate was $794, 653 .20,
and the Public Works Director recommends awarding this
contract to them. WOODS MOVED that the Pacific Highway
South HOV Lanes - 2003 Storm Drainage, South 252nd St . to
Kent-Des Moines Rd. contract be awarded to Gary Merlin
4
Kent City Council Minutes April 15, 2003
PUBLIC WORKS
Construction Co. , Inc . for the low bid amount of
$546, 995 . 00 . Peterson seconded and the motion carried.
POLICE
(CONSENT CALENDAR - ITEM 6C) (CFN-122)
Office of Emergency Medical and Trauma Prevention Grant.
Accept the $1, 200 grant funds received from the State of
Washington and authorize the Fire Department to apply
said grant monies towards the purchase of Pelican Boxes.
PARKS
(CONSENT CALENDAR - ITEM 6M) (CFN-118)
Interlocal Agreement for Waterfowl Management. Authorize
the Mayor to sign the 2003 Interlocal Agreement for
Waterfowl Management .
(CONSENT CALENDAR - ITEM 6N) (CFN-118)
Fee In Lieu of Funds for East Hill X Park. Accept
$6, 294 . 00 from SWG Construction and amend the East Hill X
Park Budget . SWG Construction voluntarily paid a fee-in-
lieu of dedicating park land to mitigate the development
of single family homes at Chelmsford subdivision.
(CONSENT CALENDAR - ITEM 60) (CFN-118)
Interagency Committee for Outdoor Recreation Grant for
Land Acquisition. Accept the $138, 090 grant from the
Interagency Committee for Outdoor Recreation, amend the
Land Acquisition Budget, and authorize the Mayor to sign
the grant agreement . The City submitted an IAC grant
application for the acquisition of 50 . 1 acres from the
Church of Latter Day Saints as the future site of the
Valley Floor Athletic Complex.
(CONSENT CALENDAR - ITEM 6P) (CFN-118)
King County Funds for Kent Meridian Pool. Accept a
payment of $74 , 130 . 00 from King County and amend the
Kent Meridian Pool Budget . The City of Kent accepted the
transfer of the Kent Meridian Pool from King County and
entered into an agreement with Aquatic Management Group
to operate the pool . As part of the agreement, King
County will give the city approximately $120, 000 . 00,
with a portion used for capital expenses at the pool .
5
Kent City Council Minutes April 15, 2003
FINANCE
(CONSENT CALENDAR - ITEM 6B) (CFN-104)
Approval of Bills. Approval of payment of the bills
received through March 31 and paid on March 31 after
auditing by the Operations Committee on April 1, 2003 .
Approval of checks issued for vouchers:
Date Check Numbers Amount
3/31/03 Prepaids 546157 $ 313 , 624 .67
3/31/03 Regular 546823 2, 281, 606.31
3/31/03 Wires 1387-1397 1, 182, 275 .33
$3, 777, 506 .31
Approval of checks issued for payroll for March 16
through March 31 and paid on April 4 , 2003 :
Date Check Numbers Amount
4/4/03 Checks 269328-269596 $ 242 , 855 . 88
4/4/03 Advices 145917-146606 1, 193 , 995 .43
$1, 436, 851 .31
(CONSENT CALENDAR - ITEM 6D) (CFN-104)
Postage Equipment Lease. Authorize the Mayor to sign a
five-year lease with Nexxpost Corporation for the lease
of the City' s postage equipment .
(CONSENT CALENDAR - ITEM 6L) (CFN-104)
Consolidated Local Improvement District No. 350, 352 and
354 Bond Ordinance. Adoption of Ordinance No. 3642 (1)
establishing Consolidated Local Improvement District No.
350 et al . and Consolidated Local Improvement Fund,
District No. 350 et al . ; (2) fixing the amount, form,
date, interest rate, and maturity of the Consolidated
Local Improvement District No. 350 et al . Bond; (3)
providing for the sale and delivery thereof to Bank of
America, N.A. of Seattle, Washington; and (4) fixing the
interest rate on local improvement district assessment
installments.
COUNCIL
(CONSENT CALENDAR - ITEM 6J) (CFN-198)
Excused Absence for Councilmembers. Approval of excused
absences for Councilmembers Clark and Yingling from the
6
Kent City Council Minutes April 15, 2003
COUNCIL
April 15, 2003 , City Council meeting, as they are unable
to attend.
REPORTS
Administrative Reports. Martin reminded the Council of
an Executive Session of approximately 45 minutes to
deal with three items of property acquisition and one
personnel matter. He said no action after the executive
session is expected. (CFN-198)
PUBLIC SERVICES
(CONTINUED COMMUNICATIONS - ITEM 11A) (CFN-198)
Cuts in Service. Robert O'Brien, 1131 Seattle Street,
suggested asking citizens for input as to what cuts in
service should be made. Martin said that while it is a
laudable objective to include the community whenever
possible, this is an administrative issue. He pointed
out that the City Council represents the community.
Mayor White added that adjustments will be announced next
week.
EXECUTIVE SESSION
At 7 :33 p.m. , the meeting recessed to Executive Session.
It reconvened at 8 :37 p.m. (CFN-198)
ADJOURNMENT
PETERSON MOVED to adjourn at 8 :37 p.m. Epperly seconded
and the motion carried. (CFN-198)
Brend�Jacobe
City Clerk
7
Kent City Council Meeting
Date May 6, 2003
Category Consent Calendar
1. SUBJECT: PLANNED UNIT DEVELOPMENT ZONING CODE
AMENDMENT ORDINANCE—ADOPT
2. SUMMARY STATEMENT: Adoption of Ordinance No. amending
section 15.08.400 of the Kent City Code to encourage variation and flexibility in single
family subdivision site design,particularly for those sites constrained by sensitive areas.
3 EXHIBITS: Ordinance
4. RECOMMENDED BY: Planning Committee
i (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. 6C
�I
ORDINANCE NO.
AN ORDINANCE of the citycouncil of the city of
Y
Kent, Washington, amending section 15 08.400 of the
Kent City Code, regarding planned unit developments, to
encourage variation and flexibility in single family
subdivision site design
WHEREAS, the city council desires to amend section 15 08.400 of the
Kent City Code, to encourage variation and flexibility in single family subdivision
site design, particularly for those sites constrained by sensitive areas, NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS.
SECTION 1. — Amendment Section 15 08 400 of the Kent City Code
is amended as follows.
Sec. 15.08.400. Planned unit developments, PUD The intent of the PUD
is to create a process to promote diversity and creativity in site design, and protect
and enhance natural and community features The process is provided to encourage
unique developments, which may combine a mixture of residential, commercial and
industrial uses. The PUD process Permits departures from the conventional siting,
1 Planned Unit Development-PUD
Section 15.08.400
setback and density requirements of a particular zoning district in the interest of
achieving supenor site development, creating open space, and encouragmg
imaginative design by permitting design flexibility. By using flexibility in the
japplication of development standards, this process will promote developments that
i
will benefit citizens that live and work within the city.
A Zoning districts where permitted PUDs are permitted in all zoning districts
with the exception of the A-10, agricultural zone, provided, however, that PUDs in
SR zones are only allowed if the site is at least one hundred (100) acres in size,
except as provided in subsection (C) of this section
B. Permitted uses.
1. Principally permuted uses The principally permitted uses in PUDs
shall be the same as those permitted in the underlying zoning classifications except
as provided in subsection (13)(4) of this section
2 Conditional uses The conditional uses to PUDs shall be the same as
those permitted in the underlying zoning classification. The conditional use permit
review process may be consolidated with that of the PUD pursuant to procedures
specified in subsection (F) of this section.
3. Accessory uses Accessory uses and buildings which are customarily
incidental and subordinate to a principally permitted use are also permitted.
4 Exceptions In residential PUDs of ten (10) one hundred (100) acres
or more located in SR zones, and in residential PUDs of ten (10) acres or more
located in other zoning districts, commercial uses may be permitted. Commercial
uses shall be limited to those uses permitted in the neighborhood convenience
commercial district. In PUDs of one hundred (100) acres or more in size located in
SR zones, attached dwelling units are permitted only if they are condominiums
%i created in accordance with the Washington Condominium Act, Chapter 64 34 RCW,
provided that if a proposed PUD in a single-family zoning district includes such
attached condominiums, the density bonus provisions outlined to subsection (D) of
this section shall not apply, and further provided that no condominium building may
exceed two (2) stones.
2 Planned Unit Development-PUD
Section 15.08.400
C Development standards The following development standards are minimum
requirements for a planned unit development.
1 Minimum lot size exclusion. The minimum lot size requirements of
the districts outlined in this title shall not apply to PUDs.
2 Minimum site acreage Minimum site acreage for a PUD is
established according to the zoning district in which the PUD is located, as follows
Zones Minimum
Site Acreage
cu zones (SR i cv 2
SRC 3, Sin 4 5,SR 6, S$ 8) —_inn .eras
Multifamily(MR-D, MR-G,
MR-M, MR-H, MRT 12, MRT 16) None
Commercial, office and
manufacturing zones None
SR zones (SR-1, SR-2,
SR-3, SR-4 5, SR-6, SR-8) 5 acres
consisting entirely of detached
single family dwellings as defined
in KCC 15 02 115
SR zones (SR-1, SR-2,
SR-3, SR-4 5. SR-6, SR-8) 100 acres
not comprised entirely of detached
single family dwellings as defined
in KCC 15 02 115
3. Minimum perimeter building setback. The minimum perimeter
building setback of the underlying zone shall apply. Multifamily transition area
requirements shall apply to any multifamily developments (as provided in KCC
15 08.215), except where specifically exempted by administrative design review (as
provided in KCC 15 09 045) The hearing examiner may reduce building separation
requirements to the minimum required by the building and fire departments
according w4hto the criteria set forth in subsection (17)(1) of this section If an
adjacent property is undevelopable under this title, the hearing examiner may also
3 Planned Unit Development-PUD
Section 15.08.400
I! reduce the perimeter building setback requirement to the minimum standards in the
city building and fire codes
i)
4. Maximum height of structures. The maximum height of structures of
the underlying zone shall apply Multifamily transition area requirements shall apply
to any multifamily developments (as provided in KCC 15 08.215) except where
specifically exempted by administrative design review (as provided in KCC
15.09 045) The hearing examiner may authorize additional height in CC, GC, DC,
CM, M1, M2 and M3 zones where proposed development in the PUD is compatible
with the scale and character of adjacent existing developments.
5 Open space.
a. The standard set forth in this subsection shall apply to PUD
residential developments only Each PUD shall provide a minimum of thirty-five
(35) percent of the total site area for common open space. In mixed use PUN
containing residential uses, thirty-five (35) percent of the area used for residential use
shall be reserved as open space.
b. For the purpose of this section, open space shall be defined as
land which is not used for buildings, dedicated public rights-of-way, traffic
circulation and roads, parking areas, or any kind of storage. Open space includes but
is not limited to privately owned woodlands, open fields, streams, wetlands, severe
hazard areas, sidewalks, walkways, landscaped areas, trails through parks and
sensitive areas (not including required sidewalks), gardens, courtyards or lawns
Common open space may provide for either active or passive recreation
C. Open space within a PUD shall be available for common use
by the residents, tenants or the general public,depending on the type of project.
6 Streets If streets within the development are required to be dedicated
to the city for public use, such streets shall be designed in accordance with the
standards outlined in the city subdivision code and other appropriate city standards
If streets within the development are to remain in private ownership and remain as
private streets, the following standards shall apply:
4 Planned Unit Development-PUD
Section 15.08.400
a Minimum private street pavement widths for parallel parking
in residential planned unit developments Minimum private street pavement widths
with and without€er parallel parking in residential planned unit developments are as
follows
No Parking Parking
Parking One Side Both Sides
(feet) (feet) (feet)
One-way streets 20 29 38
Two-way streets 22 31 40
The minimum widths set out in this subsection may be modified upon review
and approval by the city fire chief and the city traffic engineer providing they are
sufficient to maintain emergency access and traffic safety A maintenance agreement
for private streets within a PUD shall be required by the hearing examiner as a
condition of PUD approval
b Vehicle parking areas Adequate vehicular parking areas shall
be provided.
upen a pffiang need assessment study submitted by the appiteant and appFeN,ed by
the plaF mine..,..nager, Vehicular parking areas may be provided by on-street parking
or off-street parking lots The design of such parking areas shall be in accordance
with the standards outlined in Ch 15 05 KCC. In single family PUDs, parkmg shall
be provided at a ratio of 1 8 parking stalls per dwelling unit, garages are excluded
from the parking calculation The planning manager_ may recommend for hearing
examiner approval additional parking based upon site design and protect land uses:
the recommendation may include a requirement for on-street parking
C. One-way streets One-way loop streets shall be no more than
eiietwo thousand five 4 ed (- -,5092 000) feet long.
5 Planned Unit Development-PUD
Section 15.08.400
d. On-street parking On-street parking shall be permitted.
i
Privately owned and maintained "no parking" and "fire lane" signs may be required
as determined by the city traffic engineer and city fire department chief.
i
7. Pedestrian walkways. Pedestrian walkways shall be provided to
I I
connect residences to public walkways and streets and shall be constructed of
material deemed to be an all-weather surface by the public works director and
planning manager
8. Landscaping
a Minimum perimeter landscaping of the underlying zone shall
apply Additional landscaping shall be required as provided in Ch 15.07 KCC and
KCC 15 08.215.
b. All PUD developments shall ensure that parking areas are
integrated with the landscaping system and provide screening of vehicles from view
from public streets. Parking areas shall be conveniently located to buildings and
streets while providing for landscaping adjacent to buildings and pedestrian access.
C. Solid waste collection areas and waste reduction or recycling
collection areas shall be conveniently and safely located for onsite use and collection,
and attractively site screened
9. Signs. The sign regulations of Ch 15 06 KCC shall apply
10. Platting. If portions of the PUD are to be subdivided for sale or lease,
the procedures of the city subdivision code, as amended, shall apply. Specific
development standards such as lot size, street design, etc., shall be provided as
outlined in subsection (E) of this section
11. Green River Corridor. Any development located within the Green
River Corridor special interest district shall adhere to the Green River Corridor
special interest district regulations.
I2. View regulations View regulations as specified in KCC 15 08 060
shall apply to all PUDs.
6 Planned Unit Development-PUD
Section 1108.400
13 Shoreline master program Any development located within two
hundred (200) feet of the Green River shall adhere to the city shoreline master
program regulations
14 Design review, PUDs shall be sub eecct to administrative design review
in KCC 15 09 045 PUDs of only single family detached residences shall be
evaluated using the review critena of KCC 15 09 045(C) multifamily design review
D Density bonus standards The density of residential development for PUDs
willshag be based on the gross density of the underlying zoning district-with density
bonuses allowed as descnbed below PUDs under 20 acres in size located in SR
zones shall not be allowed density bonuses For all other PUDs, Tthe hearing
examiner may recommend a dwelling unit density not more than twenty (20)percent
greater than that permitted by the underlying zone upon findings and conclusions that
the amenities or design features which promote the purposes of this subsection, as
follows, are provided:
1 Open space A four(4) percent density bonus may be authorized if at
least ten (10) percent of the open space is in concentrated areas for passive use
Open space shall include significant natural features of the site, including but not
i
limited to fields, woodlands, watercourses, and permanent and seasonal wetlands.
Excluded from the open space definition are the areas within the building footprints,
land used for parking, vehicular circulation or rights-of-way, and areas used for any
kind of storage.
2 Active recreation areas. A four (4) percent density bonus may be
authonzed if at least ten (10) percent of the site is utilized for active recreational
purposes, including but not limited to jogging or walking trails, pools, children's play
areas, etc Only that percentage of space contained within accessory structures that is
directly used for active recreation purposes can be included in the ten (10) percent
active recreation requirement
3 Stormwater drainage A two (2) percent density bonus may be
authonzed if stonnwater drainage control is accomplished using natural onstte
drainage features. Natural drainage feature may include streams, creeks, ponds, etc
7 Planned Unit Development-PUD
Section 15.09.400
4. Native vegetation. A four (4) percent density bonus may be
authorized if at least fifteen (15) percent of the native vegetation on the site is left
undisturbed in large open areas.
5. Parking lot sue. A two (2) percent density bonus may be authorized
if off-street parking is grouped in areas of sixteen (16) stalls or less. Parking areas
must be separated from other parking areas or buildings by significant landscaping in
excess of type V standards as provided in KCC 15 07.050. At least fifty(50) percent
of these parking areas must be designed as outlined in this subsection to receive the
density bonus.
6 Mixed housing types A two (2) percent density bonus may be
authorized if a development features a mix of residential housing types Single-
family residences, attached single units, condominiums, apartments and townhomes
are examples of housing types. The mix need not include some of every type.
7 Project planning and management. A two (2) percent density bonus
may be granted if a design/development team is used. Such a team would include a
mixture of architects, engineers, landscape architects and designers A
design/development team is likely to produce a professional development concept
that would be consistent with the purpose of the zoning regulations
These standards are thresholds, and partial credit is not given for partial
attamment The site plan must at least meet the threshold level of each bonus
standard in order for density bonuses to be given for that standard.
E. Master plan approvals. The master plan process is intended 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. The master plan approval process is typically appropriate for
development which might occur on a site over a period of several years, and in
phases which are not entirely predicable.
1. Submittal requirements. The distinguishing characteristic between a
master plan development application and a planned unit development application is
that a master plan development proposal is conceptual in nature However, the
8 Planned Unit Development-PUD
Section 15.08.400
master plan application shall provide sufficient detail of the scope of the
development, the uses, the amount of land to be developed and preserved, and how
services will be provided The specific submittal requirements are noted below
a A written description of the scope of the project, including
total anticipated build-out (number of units of residential, gross floor area for
commercial), and the types of uses proposed,
b A clear vicinity map, showing adjacent roads,
C. A fully dimensional site plan, which would show the areas
upon which development would occur, the proposed number of units or buildings in
each phase of the development, the areas would be preserved for open space or
protection of environmentally sensitive features, and a generalized circulation plan,
which would include proposed pedestrian and bicycle circulation,
d A generalized drainage and stormwater runoff plan;
e A site map showing contours at not greater than five (5) foot
intervals and showing any wetlands, streams, or other natural features.
if. A description of the proposed phasing plan
g Documentation of coordination with the Kent school district
It Certificates of water and sewer availability
i Generalized building elevations showing the types of uses
being proposed.
2. Density The gross density of a residential master plan project shall
be the same as the density allowable in the underlying zoning district.
3. Open space The criteria in subsection (C)(5) of this section shall
apply.
4. Application process. The application process for a master plan
application shall be as outlined in subsection (F) of this section.
5 Review criteria The review criteria for a master plan application
shall be the same as those outlined in subsection (G) of this section
6 Administrative approval of individual phases Once a master site plan
PUD has been approved pursuant to subsection (F) of this section, any individual
9 Planned Unit Development-PUD
Section 15.08.400
phase of the development shall be reviewed and approved administratively, as
outlined in Ch. 15 09 KCC; provided that for each phase of development that
includes a residential condominium, the applicant shall submit a copy of the
condominium declaration recorded against the property, and as outlined in RCW
64.34 200
7 Time limits The master plan approved by the hearing examiner or
city council, as provided in subsection (F) of this section, shall be valid for a period
of up to seven (7) years. At the end of this seven-year period, development permits
must be issued for all phases of the master plan development. An extension of time
may be requested by the applicant A single extension may be granted by the
planning manager for a period of not more than two (2)more additional years.
8. Modifications. Once approved, requests for modifications to the
master plan project shall be made in writing to the planning manager The planning
manager shall make a determination as to whether the requested modification is
major or minor as outlined in subsection (I)of this section
F. Application process. The application process includes the following steps• •
informal review process, compliance with the State Environmental Policy Act,
community information meeting, development plan review, and public hearing
before the hearing examiner
1. Informal review process. An applicant shall meet informally with the
planning department at the earliest possible date to discuss the proposed PUD The
purpose of this meeting is to develop a project that will meet the needs of the
applicant and the objectives of the city as defined in this title.
2. SEPA compliance Compliance with the State Environmental Policy
Act and regulations and city SEPA requirements shall be completed prior to
development plan review.
3 Development plan review. After informal review and completion of
the SEPA process, a proposal shall next be reviewed by city staff through the
development plan review process. Comments received by the project developer
I�
under the development review process shall be used to formalize the proposed
10 Planned Unit Development-PUD
Section 15.08.400
development prior to the development being presented at a public hearing before the
hearing examiner
4. Community information meeting.
a A community information meeting shall be required for any
proposed PUD located in a residential zone or within two hundred (200) feet of a
residential zone. At this meeting, the applicant shall present the development
proposed to interested residents Issues raised at the meeting may be used to refine
the PUD plan Notice shall be given in at least one (1) publication in the local
newspaper at least ten (10) days pnor to the public hearing Written notice shall be
mailed first class to all property owners within a radius of not less than two hundred
(200) feet of the exterior boundaries of the property subject to the application Any
alleged failure of any property owner to actually receive the notice of hearing shall
not invalidate the proceedings
b Nonresidential PUDs not located within two hundred (200)
feet of a residential zone shall not require a community information meeting
5 Public notice and hearing examiner public hearing. The hearing
examiner shall hold at least one (1) public hearing on the proposed PUD and shall
give notice thereof in at least one (1) publication in the local newspaper at least ten
(10) days prior to the public hearing. Written notice shall be mailed first class to all
property owners within a radius of not less than two hundred (200) feet of the
exterior boundaries of the property subject to the application Any alleged failure of
any property owner to actually receive the notice of hearing shall not invalidate the
proceedings.
6. Consolidation of land use permit processes The PUD approval
process may be used to consolidate other land use permit processes, which are
required by other sections of this title The public hearing required for the PUD may
serve as the public hearing for the conditional use permit, subdivision, shoreline
substantial development and rezoning if such land use permits are a part of the
overall PUD application When another land use permit is involved which requires
city council approval, the PUD shall not be deemed to be approved until the city
11 Planned Unit Development-PUD
Section 15.08.400
council has approved the related land use permit. If a public hearing is required for
any of the categories of actions listed in this subsection, the hearing examiner shall
employ the public hearing notice requirements for all actions considered which
ensure the maximum notice to the public.
7. Hearing examiner decision The hearing examiner shall issue a
written decision within ten (10) working days from the date of the hearing. Parties of
record will be notified in writing of the decision. The decision is final unless notice
of appeal is filed with the city clerk within fourteen (14) days of receipt by the
developer of the decision. For PUDs which propose a use which is not typically
permitted in the underlying zoning district as provided in subsection (B)(4) of this
section, the hearing examiner shall forward a recommendation to the city council,
which shall have the final authority to approve or deny the proposed PUD. For a
proposed residential PUD that includes condominiums as outlined in subsection
(13)(4) of this section, a condition of approval by the city council shall be that for
each development phase the applicant shall submit a recorded copy of the covenants,
conditions and restrictions recorded against the property. Within thirty (30) days of
receipt of the hearing examiner's recommendation, the city council shall, at a regular
meeting, consider the application.
8. Effective date In approving a PUD, the hearing examiner shall
specify that the approved PUD shall not take effect unless or until the developer files
a completed development permit application within the time periods required by this
title as set forth in subsection (G) of this section No official map or zoning text
designations shall be amended to reflect the approved PUD designation until such
time as the PUD becomes effective
G. Review criteria for planned unit developments. Upon receipt of a complete
application for a residential PUD, the planning department shall review the
application and make its recommendation to the hearing examiner. The hearing
examiner shall determine whether to grant, deny or condition an application based
upon the following review criteria.
1. Residential planned unit development criteria.
12 Planned Unit Development-PUD
Section 15.08.400
. a. The proposed PUD project shall have a beneficial effect upon
the community and users of the development which would not
I
normally be achieved by traditional lot-by-lot development
and shall not be detrimental to existing or potential
surrounding land uses as defined by the comprehensive plan
b The proposed PUD protect shall be compatible with the
existing land use or property that abuts or is directly across the
street from the subiect property The term compatibility
includes but is not limited to apparent size, scale, mass, and
architectural design.
bc. Unusual and sensitive environmental features of the site shall
be preserved, maintained and incorporated into the design to benefit the development
and the community.
ed The proposed PUD project shall provide areas of openness by
using techniques such as clustering, separation of building groups, and use of well-
designed open space and landscaping Open space shall be integrated within the
PUD rather than be an isolated element of the project
dg The proposed PUD project shall promote variety and
innovation in site and building design, and shall include architectural and site
features that promote community interaction, such as porches, de-emphasized
verges, sidewalks/walkways and adjacent common areas. Buildings in groups shall
be related by common materials and roof styles, but contrast shall be provided
throughout the site by the use of vaned materials, architectural detailing, building
scale and orientation.
of Building design shall be based on a unified design concept,
particularly when construction will be in phases
2. Nonresidential planned unit development criteria
a The proposed project shall have a beneficial effect which
would not normally be achieved by traditional lot-by-lot development and not be
13 Planned Unit Development-PUD
Section 15.08.400
detrimental to present or potential surrounding land uses as defined by the
comprehensive plan.
b. Unusual and sensitive environmental features of the site shall
li be preserved, maintained and incorporated into the design to benefit the development
and the community.
I
c The proposed project shall provide areas of openness by the
clustering of buildings, and by the use of well-designed landscaping and open spaces.
Landscaping shall promote a coordinated appearance and break up continuous
expanses of building and pavement.
d. The proposed project shall promote variety and innovation in
site and building design It shall encourage the incorporation of special design
features such as visitor entrances, plazas, outdoor employee lunch and recreation
areas, architectural focal points and accent lighting.
e Building design shall be based on a unified design concept,
particularly when construction will be in phases.
H. Time limits
1 Application for development permit. The applicant shall apply for a
development permit no later than one (1) year following final approval of the PUD
The application for development permit shall contain all conditions of the PUD
approval.
2. Extensions. An extension of time for development permit application
may be requested in writing by the applicant Such an extension may be granted by
the planning manager for a period not to exceed one (1) year. If a development
permit is not issued within two (2) years, the PUD approval shall become null and
i void and the PUD shall not take effect
I. 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, determination of minor and major modifications in master
plans consistent with a planned action ordinance and development agreement shall be
14 Planned Unit Development-PUD
Section 15.08.400
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(1) 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
I
proposed modification.
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,
C. No change in the general location or number of access points
is proposed,
d No reduction in the amount of open space is proposed,
e 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
2. Major modifications. Major adjustments are those which, as
determined by the planning manager, substantially change the bask 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 Section 12 01 040
i 15 Planned Unit Development-PUD
Section 15.08.400
SECTION 2. — Savinjzs 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 3. —Severability If any one or more section, subsections, or
i
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
shall remain in full force and effect
SECTION 4. — Effective Date This ordinance shall take effect and be
in force thirty(30) days from and after passage as provided by law.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM.
TOM BRUBAKER, CITY ATTORNEY
ji
I
I�
'I
I'�I
I
16 Planned Unit Development-PUD
Section 15.08.400
I
PASSED day of 2003
1 APPROVED. day of ---, 2003.
I�
PUBLISHED. day of 2003.
I
I hereby certify that this is a true copy of Ordinance No.
1 passed by the city council of the city of Kent, Washington, and approved by the
mayor of the city of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P\Crvd\Ordi a cc\15094M0 vgwnsN2203dac
III
�I
I'
17 Planned Unit Development-PUD
Section 15.08.400
Kent City Council Meeting
Date May 6, 2003
Category Consent Calendar
1 SUBJECT: RE-APPOINTMENT TO THE PUBLIC DEVELOPMENT
AUTHORITY BOARD—CONFIRM
2. SUMMARY STATEMENT: Confirmation of the Mayor's re-appointment of Ron
Cole to continue serving as a member of the PDA Board of Directors. His new term
will continue until 5/31/06.
3 EXHIBITS• Memo
4. RECOMMENDED BY: Mayor White
(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. 6D
OFFICE OF THE MAYOR
Jim White, Mayor
Phone 253-856-5700
Fax 253-856-6700
• Address 220 Fourth Avenue S
K E N T Kent,WA 98032-5895
WIASHINGTON
MEMORANDUM
TO Judy Woods, Council President
Mem
City bite' Mayor
\
FROM. Jun Whte, Mayor '�'-")
DATE April 2003
RE Re-Appointment to Kent Downtown Public Market Development Authority
(PDA)Board of Directors
I have re-appointed Ron Cole to continue serving as a member of the Kent Downtown Public
Market Development Authority Board of Directors His term will continue until 5/31/2006
I submit tlus for your confirmation
Ib
Kent City Council Meeting
Date May 6, 2003
Category Consent Calendar
1. SUBJECT: COMCAST CONSTRUCTION AGREEMENT—AUTHORIZE
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
authorization for the Mayor to sign an agreement with Comcast for relocating existing
underground cable TV facilities to a lower depth as part of the West Fork Soosette
Creek Improvements project subject, however, to the Public Works Director and City
Attorney's concurrence of the language therein. The estimated City's cost therefore is
$32,101.66.
3. EXHIBITS: Public Works Director memorandum and draft agreement
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. 6E
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P E Public Works Director
•
KENT Phone 253-556.5500
w.swi.cra.
Fax 253-856-6500
Address 220 Fourth Avenue S
Kent, \NA 98032-5895
Date. April 21, 2003
To Public Works Conmuttee
From Dq vV ickstrom, Public Works Director
RE: Comcast Construction Agreement
West Fork Soosette Creek Improvements — Utility Relocation
As part of the City's West Fork Soosette Creek improvement project, four box culverts will
replace existing culverts within Spring-wood Apartments Complex in the vicinity of 132nd Ave
and 274°' St SE The existing underground TV cable facilities located at t«o of the respective
culvert locations need to be relocated to a loH er depth to provide clearance It is estimated that
our costs for Comcast to lower its facilities, including boring work by Potelco will be
approximately$30,000. Because Comcast facilities are there under easement rights granted to
them the City has to pay for their relocation Monies for this exists within the existing project
budget. A copy of the agreement with Comcast, for relocating their facilities will be mailable at
the Public Works Committee meeting
The Public Works Director Recommends that the Mayor be authorized to sign same subject to
final approval of the terms and conditions therein by City Attorney and myself.
Motion:
Recommend authorizing the Mayor to sign the Comcast Construction Agreement upon
concurrence of the language therein by the City Attorney and the Public Works Director.
1
FACILITY RELOCATIONATODIFICATION AGREEMENT
THIS Facility Relocation/Modification Agreement ("Agreement"), dated as of this
,
day of April 2003, is made by and between Comcast Cable, a Washington corporQn
("Company"), and KENT a municipal corporation of the State of Washington ("City).
The Company and Kent are sometimes referred to herein collectively as the "Pames".
RECITALS
A. The Company owns and operates certain facilities: (i) underground
Communication lines (such facilities are collectively referred to herein as
"Facilities"). Some or more of the Facilities occupy and use"existing easements".
B. The City plans to construct improvements to four(4)culverts in the Springwood
Apartment Complex ("Improvements").
C. The Improvements necessitate the redesign and modification of relocation of the
Facilities. In connection with the Improvements, the City has requested the
Company to modify a portion of the Facilities to ensure proper clearances are
maintained between such Facilities and Improvements in accordance with prudent
utility practices("Relocated Facilities"). Acquisition of sufficient new operating
rights for the Facilities may also be necessary.
D. The Parties desire to enter into this Agreement to govern the installation of the
Relocated Facilities.
Page I
City of Kent Culvert Replacement Project inside Springwood Apartments
Job # 15916
1
AGREEMENT
Now, therefore, the Parties agree as follows:
1. Facilities Modification
1.1 Scope of Work
The following is the scope of work to modify the Relocated Facilities [Two
directional bore locations (134 & B5) under Soosette Creek. Comcast will intercept at the
bore locations trench and place conduit to existing facilities. New cable will be placed
and activated.] ("Work").The design for the Work will meet the Company's engineering
design standards and all required approval by government authorities. See attached
Exhibit"A"for additional details.
1.2 Obligations of Kent
The City shall, at its expense , obtain all necessary permits/approvals for
completion of Comcast's portion of the work; provide any surveying, if necessary,all
traffic control required for performance of Comcast's work under this agreement and,all
site mitigation/restoration required by agency permits/approvals.
1.3 Work Schedule
Prior to the commencement of the Work, the Company and the city shall mutually
agree upon a schedule that sets forth milestones for completing the Work ("Work
Schedule").The Work Schedule may be revised from time to time by mutual agreement
of the Parties.
The Company shall perform the Work in accordance with the Work Schedule,
provided, however, that the ability of the Company to perform the Work is subject to any
Page 2
City of Kent Culvert Replacement Project inside Springwood Apartments
Job# 15916
and all conditions placed upon the Company by goveming jurisdictions The Parties
acknowledge that delays caused by any jurisdictional agency or property owner from
whom permits, easements, and other operating rights are required may occur. So to
the Company exercises reasonable effort to perform the Work in accordance with the
Work Schedule, the Company shall not be liable to the City(or its agents, servants,
employees,contactors, subcontractors, or representatives) for any claims, actions,
damages, or liability asserted or arising in connection with the Work Schedule.
1.4 Permits
No junsdictional permits must be secured by the Company.
1.5 Ownership of Facilities
The company shall own, operate, and maintain all relocated facilities installed
pursuant to this agreement.
2. Costs .
2.1 General
The City shall be responsible for, and reimburse the Company for, all Costs and
Expenses necessarily incurred or allocable to the Work. For the purposes of this
Agreement, "Costs and Expenses" shall include, without limitation, any and all
direct of indirect costs necessarily incurred or reasonably allocated to this
Agreement or its performance, including,but not limited to, the cost of labor,
personnel,consultants, attorneys and other professionals, travel, printing,
supplies, taxes, permits, approvals, assessments, inspections, test,transportation,
material, supplies, equipment, tools, utilities, services, rental charges,
consumables, premium for bonds or insurance, disposal costs, overhead,
Page 3
City of Kent Culvert Replacement Project inside Springwood Apartments
Job # 15916
administration and general expenses, and any other charges authorized by �
applicable tariffs.
2.2 Payment
The City shall, within thirty (30) days after the completion of the Work to be
performed by the Company pursuant to paragraphs 1.1 and 12 above, remit to the
Company a payment equal to the amount of the actual Costs and Expenses.
2.3 Estimate of Costs and Expenses
As of the date of this Agreement, the estimate for all Costs and Expenses to
perform the Work in accordance with this Agreement is Thirty two thousand,one
hundred one dollars, and sixty-six cents $32,101.66. ("Estimate"). This Estimate does
not affect the recoverability of any costs in excess thereof. A cost breakdown is attached
as Exhibit'B".
The Parties further agree that the foregoing Estimate is subject to change for
reasons that include, but are not limited to, the following:
a) The City revises its construction plans for the Improvements in a manner
that requires the Company to revise its construction plans for the
Relocated Facilities ("Revision'); or
b) The City(or its agents, servants,employees,contractors, subcontractors,
or representatives)cause delays in the Company's installation of the
Relocated Facilities; or
c) Construction has not started within 90 days from the date of this
Agreement.
Page 4
City of Kent Culvert Replacement Project inside Springwood Apartments
Job# 15916
2.4 Change Order Proposals
If the estimated Costs and Expenses for a Revision are greater than 10% of the Estimate r
herein, the Company shall require the City to sign a Change Order Proposal
Describing the Revision and the estimated Costs and Expenses associated with said
Revision. The City shall be responsible for, and reimburse the Company for,the actual
cost of the Revision pursuant to paragraphs 2.1 and 2 3.
2.5 Costs Upon Termination of Work
In the event that the City cancels the Improvements proposed hereunder, the City
shall reimburse the Company for all costs reasonably incurred by the Company in
connection with the Work to be performed under this Agreement prior to the date
canceled.
3. Limitation of Liability
The Company's liability in connection with the work hereunder shall be limited to
property damages or personal injuries caused by the intentional or negligent acts of the
Company, its employees or agents,limited to the extent of negligence attributable to the
Company, its employees or agents In no event shall the Company be liable for any
consequential, indirect, special, or incidental damage, nor shall the Company be liable for
injuries or damages of any kind that arise from causes beyond the control of the
Company,including but not limited to acts of God, weather, labor disputes, procurement
delays, delays in plan or permit approvals, or other third party actions.
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City of Kent Culvert Replacement Project inside Springwood Apartments
Job# 15916
4. Indemnity a+t'
The City releases and shall defend, indemnify, and hold the Company harm
from all claims, losses, harm, liabilities,damages,costs, and expenses(including,but not
limited to, reasonable attorneys' fees) caused by, arising out of, or in connection with the
performance of the City's duties under this Agreement. During the performance of such
activities the City's employees shall at all times remain employees of the City
The Company releases and shall defend, indemnify,and hold the City harmless
from all claims, losses, harm, liabilities, damages, costs, and expenses (including, but not
limited to, reasonable attorney's fees)caused by, arising out of,or in connection with the
performance of the Company's duties under this Agreement During the performance of
such activities the Company's employees shall at all times remain employees of the
Company.
In witness whereof,the parties have executed this Agreement as of the date set
forth above.
CITY OF KENT COMCAST INC.
By By
Its Its
(Name)
(Title)
402 Valley Ave NW Bldg A
Puyallup, WA 98371
(Phone)
Page 6
City of Kent Culvert Replacement Project inside Springwood Apartments
Job # 15916
Exhibit
Comcast Cable Inc.
Facility Relocation modification Agreement
Soosette Creek Culvert Replacement-Sprinaeood Apartments
Scope Of Work
The City of Kent has requested that Comcast lower the existing CATV communications
cables which presently cross Soosette Creek. New box culverts are being installed which
are deeper and wider. The city is requesting that we bore at a minimum of 10' —15'
below the bottom of the existing creek bed. A "fish window" between June 15, 2003 and
September 15, 2003 has been established. The city will need to utilize this window for
construction of this project.
Comcast will utilize two contractors, Potelco for the 2 bore locations where Comcast
facilities are affected (B4 & B5), and Sefnco (Comcast' prime contractor) for the cable
placement, activation, and restorations. The boring will require being under the creek
bed at a minimum of 10' below creek grade. Placement of a single 4" conduit in each of
these locations is required. A new coaxial distribution cable will be pulled into each
conduit to replace the existing cable.
Trenching will be required from each bore location to the point at which the existing
services are to be intercepted. A conduit will be placed in these trenches and new cables
pulled in to complete the new service loop. There will be a trench at four locations (to
intercept 4 bore pits).
Removal and replacement of the asphalt is required at each bore pit and will be continued
to the Comcast conduit intercept point. Select backfill will be used for areas within the
traveled roadway. Bore pits or trenching outside of the roadways will be backfilled and
compacted with native materials and reseeded. Silt fencing will be used as necessary
when trenching near sensitive areas.
Schedule
The estimated work for Comcast work crews is June 1, 2003 with estimated completion
by July 30,2003.
City of Kent
Soosette Creek improvements
Job#15916
April 16.2003
Exhibit B
Soosette Creek Culvert Replacement 19*11�
Lower Existing Underground Cables
04/16/03
Proiect Construction Summary Estimate (1)
Directional Bore (2 By Potelco see attached bid) $10,873 63
Additional External Contractor Labor $10,414 50
Engineering Costs $ 2,40000
Material $ 3,894.75
Comcast Overhead $ 2,434.22
Applicable taxes @ 8.8% $ 2,084.56
Total Project Costs $32,101.66
POTELCO INC
A Quanta Services Company 11'
Private Utility Construction Short Form Agreement
1. The parties to this Agreement are Potelco, Inc, whose address is 14103 8's Street East, Sumner, WA. 98390
("Potelco")and Comcast,Jim Nies,20811 84i'Avenue South, Kent WA 98027
Comcast hereby engages Potelco to perform underground construction operations on King County property The
underground construction operations are limited to the follow mg activities
Install one 4 inch HDPE conduits at two separate locations within the Spnngwood Apartment Complex.The
locations are known as: B4,and B5 King County is placing new culverts w ithin this apartment complex and
Comcast has requested Potelco to complete the bore construction activity under Soosene Creek at these locations
This work is to be performed on real property controlled by the City of Kent
2 Comcast shall pay Potelco the amount of $10,873 63 at the conclusion of the Work Interest shall accrue on
overdue payments at the rate of two percent above the prime interest rate as published from time to time in the
Wall Street Journal;or, if the law prohibits such a rate, then the rate shall be the highest rate allowed under the
law Customer shall also reimburse Potelco for all costs of collection, including attorneys' fees, incurred by
Potelco in enforcing this payment obligation.
3. Customer recognizes that if payment is not made in accordance with this agreement, in addition to any other
remedies Potelco may have. Potelco may place a mechanics'hen against their property
4 Potelco shall perform the Work in accordance with industry standards of practice for the locale in which the
Work is to be performed Customer recognizes that one of the risks inherent in this type of work is the potential
for damage to an existing underground utility Customer is advised that Potelco is not in the business of
locating utilities and that no such services are a part of the Work hereunder
5 To the fullest extent permitted under the law,Customer shall indemnify and defend(with at lawyer to be chosen
by Potelco)Potelco and its employees,agents,representatives, affiliates and assigns, ("Indemnitees")from and
against all claims, losses and damages, including attorneys' fees, ("Claims") arising out of the performance of
the Work notwithstanding Indemmtees' concurrent negligence. Customer shall have no liability to defend or
indemnify Indemmtees for Claims proximately caused by Indemmtees'sole negligence
POTELCO,INC. CONICAST
Sign: Sign:
Print: Print:
Its' Its:
Dated: Dated:
Kent City Council Meeting
Date MU 6, 2003
Category Consent Calendar
1. SUBJECT: QWEST CONSTRUCTION AGREEMENT—AUTHORIZE
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
authorization for the Mayor to sign an agreement with Qwest for costs Qwest will incur
associated with their underground boring contractor while relocating existing
underground telephone facilities to a lower depth as part of the West Fork Soosette
Creek Improvements project subject, however, to the Public Works Director and City
Attorney's concurrence of the language therein. The estimated City's cost therefore is
$36,000 This cost was not included in the original agreement authorized by Council
on April 15th.
3. EXHIBITS: Public Works Director memorandum and draft agreement
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. 6F
PUBLIC WORKS DEPARTMENT
Don E. Wickstrom, P E. Public Works Director
7� Phone 253-8565500
KENTT Fax 253-856-6500
w.swi+c*o.
Address 220 Fourth Asenue S
Kent, WA 98032-5895
Date. April 21, 2003
To: Public Works Committee
From: DjJJiFkstrom, Public Works Director
RE: QA nstruction Agreement
West Fork Soosette Creek Improvements—Utility Relocation
At the last Public Works Committee and mmhich was then subsequently approved by full Council
authorization was granted to enter into an agreement with Qwest for the relocation of its facilities
associated with the City's West Fork Soosette Creek Improvement project The purpose of the
project is for flood control and fisheries enhancement Unfortunately that original agreement
was not the full costs In addition thereto the City must reimburse Qm%est for cost they tin ill encur
associated with their boring contractor That additional cost Which is estimated to be S36,000
would be paid separately via this second agreement Moines for same are included N uh the
project budget A copy of this second agreement with Qwest, to reimburse Qwest for boring
work by Potelco will be available at the April 21" Public Works Committee meeting
The Public Works Director Recommends that the Mayor be authorized to sign same subject to
the approval of the terms and conditions therein by the City Attorney and myself
Motion:
Recommend authorizing the Mayor to sign the Qwest Construction Agreement upon concurrence
of the language therein by the City Attorney and the Public Works Director
1
v�
aGiSW59
n 2 N2=1
DD n '�\ 1� q PROPOSAL\u=(u W u Contract No C3W0087 -Revised
21 Job Authorization No
Date April 2003
Customer / Billing Address: Work Location:
Legal Name City of Kent Public Works Dept West Fork Soosette Creek Improvement Project
Attn Engineering Division -William S Wolmslu Kent, Wa
Address 220 Fourth Ave S
Kent, WA 98032
Descnption and/or specifications of work to be performed by Qwest under this Proposal("Work")
IS {or 16oe.n.5 C S}r{r+,.. Pa l'o mt
This project the West Fork Soosette Creek Improvement Project -
Springwood Apartments - Locations W-4,W-5 and W-G
-from-PQT-9I 69
Customer to De billed Actual Cost Upon Completion, Estimated at$66-666-99 p 33,833.29
'Total Charges Actuals
Actual DOLLARS
s
'Customer will be responsible for these Charges only, unless a change order is signed by both parties in accordance with
Section 8 below For outstanding balances Qwest will submit an Invoice of Charges to Customer upon completion of all
construction work necessary to fulfill this Proposal Customer will pay the invoice within thirty (30)days of receipt All
past due accounts may be assessed a late fee at 14%APR
Qwest shall perform the work in a professional manner, consistent with industry standards, shall be fit and sufficient for
the stated purpose and shall conform to the Specifications The work to be performed under this Proposal shall be
released to Construction for scheduling pending the return of the full] executed Proposal and receipt of the Advance
Payment Qwest may withdraw this proposal if not accepted by the customer within 30 days
Qwest Corporation
Authorized Signature
Name Printed/Typed Debbie J Young
Title Manager
Date
Acceptance of this Proposal and all of its terms and conditions constitute a binding contract The charges and
specifications are satisfactory and are hereby accepted
Customer/ Company Name
Authorized Signature
Name Pnnted/TypedTitle
Awr
Date - O
NOTE: CONTRACT TERMS AND CONDITIONS ARE PRINTED ON PAGE 2 OF THIS DOCUMENT.
P-Pq
m ,o.Ri Go.o ~ i V.maim
POTELCO INC
A Quanta Services Company
Utility Construction Short Form Agreement
I The parties to this Agreement are Potelco, Inc, whose address is 14103 8" Street East, Sumner, WA 98390
("Potelco")and Qwest,Atm Scott Tashiro, 7235 S 228"Street,Kent WA 98032(Customer)
Qwest hereby engages Potelco to perform underground construction operations on King County property The
underground construction operations are limited to the following activities,
Install two 4 inch HDPE conduits at three separate locations within the Springwood Apartment Complex The
locations are known as B4, B5,and B6 on PSE drawings Job number 101015096 The City of Kent is placing new
box culverts within this apartment complex and Qwest has requested Potelco to complete the bore construction
activity under Soosette Creek at these locations This work is to be performed on real property controlled by the City
of Kent
2 Qwest shall pay Potelco the amount of $31, 096.77 plus tax at the conclusion of the Work Interest shall
accrue on overdue payments at the rate of two percent above the prime interest rate as published from time to
time in the Wall Street Journal,or, if the law prohibits such a rate,then the rate shall be the highest rate allowed
under the law Customer shall also reimburse Potelco for all costs of collection, including attorneys' fees,
incurred by Potelco in enforcing this payment obligation
3. Qwest recognizes that if payment is not made in accordance with this agreement, in addition to any other
remedies Potelco may have,Potelco may place a mechanics' hen against their property
4 Potelco shall perform the Work in accordance with industry standards of practice for the locale in which the
Work is to be performed Customer recognizes that one of the risks inherent in this type of work is the potential
for damage to an existing underground utility Customer is advised that Potelco is not in the business of
locating utilities and that no such services are a part of the Work hereunder
5 To the fullest extent permitted under the law,Customer shall indemnify and defend(with a lawyer to be chosen
by Potelco) Potelco and its employees, agents, representatives, affiliates and assigns, ('9ndemnitees") from and
against all claims, losses and damages, including attorneys' fees, ("Claims") arising out of the performance of
the Work notwithstanding Indemmtees' concurrent negligence Customer shall have no liability to defend or
indemnify Indemmtees for Claims proximately caused by Indemmtees'sole negligence
POTELCO, INC. QWEST
Sign: Sign:
Print: Print.
Its: Its:
Dated Dated:
Kent City Council Meeting
Date May 6. 2003
Category Consent Calendar
1 SUBJECT: COMPREHENSIVE PLAN GRANT, SCOPE OF WORK REVISION,
CONTRACT AMENDMENT—AUTHORIZE
2. SUMMARY STATEMENT: As recommended on April 15, 2003 by the Planning
Committee, approval of a revised scope of work and authorization for the Mayor to
execute the revised contract for the Growth Management Act grant to update the City's
Comprehensive Plan. The revised Scope of Work reallocates available funding from
update of the Transportation Element to update of the Critical Areas Ordinance.
3. EXHIBITS: Staff memo and revised contract
4. RECOMMENDED BY: Planning Committee 4/15/03
(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:
iACTION:
Council Agenda
Item No. 6G
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
• PLANNING SERVICES
KEN T Charlene Anderson,AICP,Manager
W15MIa OTON Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: April 29, 2003
TO: MAYOR JIM WHITE, COUNCIL PRESIDENT JUDY WOODS AND CITY
COUNCIL MEMBERS
FROM: CHARLENE ANDERSON,AICP, PLANNING MANAGER
THROUGH: MAYOR JIM WHITE
SUBJECT: COMPREHENSIVE PLAN GRANT SCOPE OF WORK REVISION
SUMMARY: In March 2002 the City of Kent was awarded a grant totaling $57,500 from the
State Office of Community Development for work on the mandated Growth Management Act
updates to the Comprehensive Plan. All work under this grant contract must be completed by
June 30, 2003. Attached is a revised Scope of Work for this grant which reallocates available
funding toward the Critical Areas Ordinance update. The Planning Committee approved the
revision on April 15, 2003.
BUDGET IMPACT. None
MOTION: I move to approve the revised GMA grant Scope of Work and to authorize the
Mayor's signature.
BACKGROUND: The original Scope of Work for the GMA grant included work on the
Critical Areas Update, Transportation Element of the Comprehensive Plan, and Agricultural
Lands update. This work incorporates a portion of the mandated GMA updates. In the fall 2002,
the state legislature postponed the deadline for completion of the GMA updates to December
2004. As such, the Critical Areas update will proceed as scheduled to have a draft for public
review by the grant deadline. However, it is not expected that the Transportation Element of the
Comprehensive Plan will be completed before the close of the grant period. Therefore, the
enclosed revised Scope of Work removes that grant task. Money previously earmarked for the
Transportation Element will be utilized for the Critical Areas Update.
Because the Transportation Element was to be completed in-house, the grant budget was reduced
by 1 FTE ($43,000). The amount of money allocated to contract work remains the same. This
change in the overall budget does not affect the grant disbursement The City will still be
eligible to receive the full allocation
The proposed revised contract is included in the agenda packct
S\Perant\PlanTlannmg Committee\2003\grantupdatemeir cc doc
Eric Revised scope of Work
cc Kim Marousek,AICP,Principal Planner
Fred N Satterstrom,AICP,CD Director
Charlene Anderson,AICP,Planning Manager
GMA grant file
INTERGOVERNMENTAL AGREEMENT
WASHINGTON STATE
DEPARTMENT OF COMMUNITY,TRADE AND ECONOMIC DEVELOPMENT
AMENDMENT TO CONTRACT NUMBER: s02-63000-084
Amendment Number s02-63000-084A
This AMENDMENT, entered into, by, and between the City of Kent (hereinafter referred to as the
GRANTEE) and the Washington State Department of Community, Trade and Economic
Development(hereinafter referred to as the DEPARTMENT),WITNESSES THAT:
The DEPARTMENT and the GRANTEE desire to modify the original CONTRACT.
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises
hereinafter contained, the parties hereto-agree as follows:
3. SERVICE PROVISIONS
Funds provided to the GRANTEE under this AGREEMENT shall be used solely for
activities undertaken to fulfill the mandates required by the Growth Management Act to
implement the GRANTEE'S growth management strategy as described in
ATTACHMENT: AMENDED SCOPE OF WORK, which,by this reference,is made a part
of this AGREEMENT and supercedes ATTACHMENT SCOPE OF WORK
This AMENDMENT shall be read in conjunction with the original CONTRACT Each and
every provision of the original CONTRACT shall remain in full force and effect except as
amended herein.
IN WITNESS WHEREOF, the DEPARTMENT and the GRANTEE have executed this
AGREEMENT as of the date and year written below:
DEPARTMENT OF COMMUNITY, TRADE CITY OF KENT
AND ECONOMIC DEVELOPMENT
By: By:
Nancy K. Ousley,Assistant Director
Local Government Division Title:
Date: Date:
Federal Tax Identification Number
Approved as to Form
Alan Covsev
Assistant Attorney General
May 7, 1998
Date
ATTACHMENT: AMENDED SCOPE OF WORK
CITY OF KENT
CONTRACT s02-63000-094
The GRANTEE is responsible for the preparation of all contract deliverables set forth below.
The process and product shall be substantially consistent with the GRANTEE's grant application
submitted to the Department for this round of funding and with the requirements of the Growth
Management Act Deliverables will be provided to the Department in electronic format
wherever possible. At the Department's or the GRANTEE's request, deliverables may be
provided in paper format. All draft ordinances and resolutions developed by the GRANTEE in
the completion of this AGREEMENT shall be submitted to the DEPARTMENT at least sixty
day prior to adoption All ordinances and resolutions adopted by the GRANTEE in the
completion of this AGREEMENT shall be submitted to the DEPARTMENT per RCW
36.70A.106.
Project Description: The City of Kent proposes to review and update its comprehensive land
use plan and development regulations according to RCW 36 70A.130(1), specifically completing
update of the critical areas ordinance and transportation element.
Milestones:
2"d Quarter 2003 Critical Areas•
• Digitize hazard area maps
• Update wetland inventory maps
• Incorporate soils maps into comp plan maps
• Review zoning code regulations for hazard area development for consistency with Best
Available Science—propose amendments as appropriate
• Review BMP's for sewer/water system and road maintenance for consistency with Best
Available Science—propose amendments as appropriate
• Adopt Integrated Pest Management regulations consistent with Best Available Science
• Adopt stoimwater management plan.
3ro Quarter 2002 Natural Resources:
• Finalize consideration of agricultural lands, including TDR/PDR as appropriate
Deliverables:
March 31, 2002
• Digitized hazard area, wetland and soils maps
• Draft Stormwater Management Plan
• Draft or Ordinance for BMP's for sewer, water&road maintenance
>� September 30, 2002
0 Draft ordinance related to Agricultural lands, including TDR/PDR as appropriate
May 30,2003
• Draft Integrated Pest Management Plan
• Draft Critical Areas Ordinance amendment
Resources:
July 1, 2001 —June 15, 2003: SalanesBenefits $172,000(4-5}-
Contracts 335,000
$ 507,000
Status Reports: brief status report on or about June 15,2002 indicating progress-to-date and
describing how the FY 2002 work items will be completed by June 15, 2002; a report on or
about January 15, 2003, only if the GRANTEE has not completed their project.
Close-out-Report: brief report (500 words or less) describing project accomplishments when
project as specified in the scope of work is completed but no later than June 1, 2003.
Kent City Council Meeting
Date May 6, 2003
Category Consent Calendar
1. SUBJECT: S.E. 278TH ST STREET VACATION, RESOLUTION SETTING
PUBLIC HEARING DATE—PASS
2 SUMMARY STATEMENT: Passage of Resolution No. setting the public
hearing on the street vacation petition for a portion of SE 278th Street for June 17,
2003.
3. EXHIBITS: Resolution, Public Works Director memorandum and draft agreement
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. 6H
RESOLUTION NO.
A RESOLUTION of the city of Kent,
Washington, regarding the vacation of a portion of
Southeast 278" Street to the city of Kent, and setting the
public hearing on the proposed street vacation for June
17, 2003
WHEREAS, a petition, attached as Exhibit"A,"has been filed by Cherie
Lang to vacate a portion of Southeast 278`h Street in the city of Kent, and
WHEREAS, the petition is signed by the owners of at least two-thirds of
the real property abutting those portions of Southeast 2781h 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 Southeast 278`h Street,legally described in Exhibit"A,"shall
be held at a regular meeting of the Kent City Council at 7 00 p in , Tuesday, June 17,
2003, in the Council Chambers of City Hall located at 220 4th Avenue South, Kent,
Washington, 98032
SECTION 2. 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
1 Street Vacation—
Southeast 278'"Street
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
June 17, 2003
PASSED at a regular meeting of the city council of the city of Kent,Washington
this day of May, 2003
CONCURRED in by the mayor of the city of Kent,this day of May,2003
JIM WHITE,MAYOR
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,on the
day of May, 2003.
(SEAL)
BRENDA JACOBER, CITY CLERK
2 Street Vacation—
Southeast 27e Street
MRR-06-20W 13.07 P.02
1
KENT
Mayor Jim While K[VAN:
MAILTOi APPLICAN
,�T;
CITY OF KENT NAME: C� 10,r l c.
Property Management a4431 5E I�`111`Si
220 S.4 Avenue ADDRESS,
Kenn,Washington am lP_ UR�` 8,0-5 .,e.,f"
32
Attn: JerryMeGuglghur,e
3�(D 3q1
raoNr�: ,
STREET ANDIOR ALLEY VACATION APPLICATION AND PETITION p;
Dear Mayor and Kent City Council.
We,the undersigned abumng prop owners,hereby respeetfilly request that certain
Yoasfl*j im- S IY . Ziffftereby be vacated. ;.
l
Legal Description of Street/Alley Sought to be Vacated " b
(Must Contain Total Square Feet of Area Sought To Be Vacated) !"
,&rk�C To f7AAC/1EO EYH�iT H ;.
BRIEF STATEMENT WHY VACATION IS BEING SOUGHT
A"C[7RRENT ownership and encumbrance report must be
submitted with this application that covers all the abutting
properties contiguous to alley or street sought to be vacated, When
Corporations,partnerships,etc arc being signed for.and then '
proof of individual's authority to sign for same shall also be
submitted.
Attach a color-coded map of a scale of not less then 1"-100'of the area sought for vacation.
(NOTE) Map must correspond with legal description. I.,IL
ABUTTING PROPERTY OWNERS TAX LOT#
SIGNATURES AND ADDRESSES LOT.BLOCK&PLAT/SEC.TOWN.RG.
M`fk�h 41't/) iiT:nr- 717i
i
RECEIVED 1
APR 1 7 2003 :^ ,
CITY OF ENT
r
,(1PFPTy MANAGEMENT ,
SIS0.00 Fee Paid 1L 5 I Lt't9 Treasurer's Receipt No
Appraisal Fee Paid Treasurer's Receipt No.
Land Value Paid Treasurer's Receipt No.
Deed Accepted Date
Trade Accepted Date
a•V.aeeq Me+y.eanw.giNn AwMo _.
I .Y'
.. TmPLtlBCi
Mark Travers PROPOSED STREET VACATION
Lang Tentative Short Subdivision—TSP-2002-22
Architect
LEGAL DESCRIPTION-
THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 1/4 OF THE NORTHEAST
114 OF SECTION 34, TOWNSHIP 22 NORTH, RANGE 5 EAST,W M , IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 30 FEET OF
SAID NORTH HALF WITH THE EAST LINE OF SAID NORTH HALF,THENCE NORTH
89d21'30"WEST ALONG SAID NORTH LINE 440 FEET TO THE TRUE POINT OF
BEGINNING, THENCE NORTH 89d21'30"WEST 169 90 FEET, THENCE SOUTH 00d55'38"
WEST 39 00 FEET, THENCE SOUTH 89d39'3O" EAST 12 27 FEET TO A POINT OF
CURVATURE; THENCE ON A CURVE TO THE LEFT IN A NORTHEASTERLY DIRECTION
HAVING A RADIUS OF 414 43 FEET, AN ARC OF 139 20 FEET,THENCE NORTH
79d34'22" EAST 2168 FEET;THENCE NORTH OOd55'38"EAST 10 90 FEET TO THE TRUE
POINT OF BEGINNING
AREA TO BE VACATED 5010 SF
RECEIVED
APR f 7 2003
206196 PROPERTY MANAGEMENT
CITY OF KENT
2061328 326 32 3238 F
Why Too Quo
Budding
2316 E Pike Street
Seatlle WA 98122
q�
49hemlock P
a 43 0 427.7 m
V O
26.4
N p , '� LA
``' 29.6 P`�� 9 0) 425
3 40.8' gos meter tZ 77 5'
429 Found
A30.2 ° 430 5 Existing House p 0 04'
010
— #27626 0� 28.6
°6�o'E' o
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°28.7 74.8' N
9
45.7' open deck 71? � 428.1
y 429.3 4297
�s o
p co co � 429.7
°o • 4293
•4 ccnn 428.7 %• 9� 84 0' Np
6 wood fence
p 2q
428.6 rn p2q 4285
428.4 16 .90' _
F(
4 C. 428 8 0
o
0
RECEIVED
P2P q P
'*.,top conc. curbing APR 1 7 2003
flowline down 0.5' (TYP)
CITY OF KENT
SE
^ 7� Tff �T PROPERTY MANAGEMENT
LAKE MERIDIAN
HWY 516
SE 274 PL
W
w
04
SE 27 SST
W SE 276 PL SE 276 PL
U)
L
a N PROJECT
cn � SITE
v a
Lo
SE 278 ST
SE 279 ST
AREA TO
W
u BE VACATEDuj
-
RECEIVED
APR 1 7 2003
SE 282 ST CITY OF KENT
SE 282 ST PROPERTY MANAGEMENT
Mark Travers
Architect, A#.
Street Vacation Location Map
TW: 2M7 "96
Scale: 1"=500'-0" Fax 2t18.328.3238
2315 East Price Street
NORTH Sew.WA 98122
PUBLIC WORKS DEPARTMENT
■'^.- Don E Wickstrom, P.E Public Works Director
- RCNT Phone Fax 253-856-6500
WASHINGTON
Address 220 Fourth Avenue S
Kent,WA 98032-5895
Date April 21, 2003
To Public Works Committee
From Don Wickstrom, Public Works Director
Regarding SE 2781h Street Vacation -
We have received a valid petition to vacate a portion of SE 278t' Street 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 hearing date of June 16`h for the
street vacation located along a portion of SE 2781h Street
Kent City Council Meeting
Date MU 6, 2003
Category Consent Calendar
1. SUBJECT: BURROW'S SHORT PLAT—ACCEPT
2. SUMMARY STATEMENT: As recommended by the Public Works Director,
accept the bill of sale for the Burrows Short Plat submitted by William E. Ruth for
continuous operation and maintenance of 663 feet of sewers, 800 feet of street
improvements and 671 feet of storm sewers. The bonds are to be released after the
maintenance period. This project is located at 26258 124th Ave SE.
3. EXHIBITS: 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. 6I
uj
SE 244TH ST
N SE 248TH ST U
Lu
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o �
/ a
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z
N
SE 256TH S N
irFq T <
SE 2 TH ST
$SE 264TH ST 263R
/
T-� -41�
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-T
InW PRO JE-CiT�-T
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27 TH
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BURROWS PROPERTY
Kent City Council Meeting
Date May 6, 2003
Category Consent Calendar
1. SUBJECT: LAND USE AND PLANNING BOARD APPOINTEMENT—
CONFIRM
2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Greg
Worthing to serve a member of the Land Use and Planning Board. Mr. Worthing is a
Kent resident, recently retired from his position as a teacher with the Kent School
District, and served as an interim City Council Member for the remainder of the term of
a Council Member who resigned.
Mr. Worthing will replace Les Thomas, who resigned, and his term will continue until
12/31/04.
3. EXHIBITS• Memo
4. RECOMMENDED BY: Mayor White
(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. 6J
OFFICE OF THE MAYOR
Jim White, Mayor
Phone 253-856-5700
Fax 253-856-6700
• Address 220 Fourth Avenue S
KENT Kent,WA 98032-5895
WASMIMGTOH
MEMORANDUM
TO MAYOR JIM WHITE
COUNCIL PRESIDENT JUDY WOODS
CITY COUNCIL Iv¢F�
FROM. JIM WHITE, MAYO
DATE APRIL 25, 2003
RE. APPOINTMENT TO LAND USE AND PLANNING BOARD
I have appointed Greg Worthing to serve as a member of the Kent Land Use and Planning Board.
Mr. Worthing is a long-tune Kent resident and recently retired from his position as a school
teacher in the Kent School District. He has been an active community supporter and volunteer
for many years and served as an interim City Council Member when another Council person
resigned. He is very interested in Kent's future and feels he could be effective as a member of
the Land Use and Planning Board.
Mr Worthing will replace Les Thomas, who resigned, and his term will be in effect until
12/31/04
I submit this for your confirmation.
jb
REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE
C PUBLIC SAFETY COMMITTEE
D. PUBLIC WORKS
E. PLANNING COMMITTEE O VV Yl
F. PARKS COMMITTEE IA)Ao f alwa, 8J lI P. 2
G. ADMINISTRATIVE REPORTS 6-fv tLyn Ilk &C
10 fy" vw ac4n k j j j c� co
T
REPORTS FROM SPECIAL COMMITTEES
PLANNING COMMITTEE MINUTES
MARCH 18, 2003
COMMITTEE MEMBERS PRESENT- Chair Leona Orr, Tim Clark, Bruce White
STAFF PRESENT: Fred Satterstrom, Charlene Anderson,Judy Woods, Gloria Gould-Wesson, Kim
Pratt, Jackie Bicknell
PUBLIC PRESENT: Harley Mattson, Debbie Ranmger,Randy Forsyth, Tom Sharp, Eric LaBne,
Mel Roberts, Paul Morford
The meeting was called to order at 3 05 PM by Chair Leona Orr
Approval of Minutes of October 15, 2002
Committee Member Bruce White moved to approve the minutes of the October 15, 2002 meeting
The motion was seconded by Committee Member Tim Clark and passed 3-0.
Zoning Code Amendment Planned Unit Development(PUD)#ZCA-2002-5
Planning Manager Charlene Anderson said that Kentview, L.L.0 had submitted an application for a
zoning code text amendment to reduce to 20 acres the minimum acreage requirements for Planned
Unit Developments in Single Family Residential zoning districts and requiring that part of the 35%
open space be abuffer along adjoining compatible uses Currently, existing code allows Planned
Unit Development in Single Family Residential zoning districts only if there are 100 acres Staff has
proposed a 10 acre minimum without the buffer requirement because that didn't allow as much
flexibility as was thought appropriate in a Planned Unit Development Other criteria was also added
to talk about open space networks and various other effects related to Planned Unit Developments
Ms. Anderson referred to a letter dated March 11, 2003, which outlined the seven recommendations
made by the Land Use and Planning Board
In discussion about parking requirements as referenced in Recommendation#4, Charlene Anderson
noted that on page 4, Section C—6, b of the proposed amendment, the Land Use & Planning Board
had added "In single family PUDs,parking shall be provided on at least one side of every public and
private street, except alleys "
Tim Clark moved to delete the additional line from the Land Use and Planning Board on Page
4, Section C—6,b and substitute for it, "A standard 1.8 parking stalls, excluding thegarage."
The motion was seconded by Bruce White and passed 3-0.
Leona Orr stated she had been very supportive of a clustering ordinance if people could get the
maximum allowable density on their site, even if they had slopes, drains, and other issues that were
prohibiting them from developing. She recommended eliminating the density bonuses on anything
less than 20 acres and reducing the size of land required for a PUD to a minimum of 5 acres, if the
City could move forward in a timely fashion with clustering which could then be used for smaller
parcels.
Tim Clark moved to amend Recommendation #1 to allow PUDs on single family zoning
districts with a minimum of 5 acres, and to amend Recommendation #3 to allow density
bonuses on PUDs of 20 acres or greater. The motion was seconded by Bruce White and passed
3-0.
Planning Conunince,3/18/03 2
Randy Forsyth, 11624 SE 5'1' Street, Bellevue, representative of Kentview L.L C , said that his only
concern was the parking requirements of 1.8 stalls. In the single family detached that would be great,
but in a multi family project it could be difficult, based on building location, to get that number
without counting some of the garages. He asked that Council consider having that applied when
acreage was under 100 acres and multifamily housing was included If a developer wanted to do a
multi family PUD on multi family zoned property, more parking would have to be provided. Leona
Orr said it was her understanding that the parking amendment would only apply to the single family
PUDs.
Tom Shari, 24254 143rd Avenue SE, Kent, said all of his concerns had been answered, especially
since Council was looking in the near future to a clustering ordinance that would support lower
amounts of acreage.
Paul Morford, PO Box 6345,Kent 98064, said that in the PUD ordinance the length for a one way
road was 1,500 feet. Mr Morford considered that to be arbitrary and said there should probably not
be a restriction on the length for a one way road. He suggested having a loop road He also
contended that in the City of Kent, zoning may say six units per acre, but a person couldn't get six,
and might only get four or five, because of a 5,700 square foot minimum allowable flexibility. Leona
Orr responded that under traditional six units per acre zoning, developed in the traditional way, it
would be true that a person might not get all of the units zoned, but in a PUD, the lot sizes could be
smaller to accommodate the density
Charlene Anderson said loop roads would probably not be allowed as they were never brought up in
the public hearing or proposed as an option to amend. Assistant City Attorney Kim Adams-Pratt
agreed with Ms Anderson that another public hearing would need to be held, input taken, and then a
further amendment made to the PUD. The hearing could be held at Council level Leona Orr
suggested that for expediency, the process should move forward and the public hearing be held at the
same time the amendments were sent to Council for final approval
Tim Clark moved to recommend that Council approve the Land Use and Planning Board's
recommendations as amended at this meeting regarding an amendment to the Kent City Code
Section 15.08.400 Planned Unit Developments with the request to Administration to analyze the
1,500 foot alleyway as identified as a potential change, and for staff to bring a recommendation
forward as part of the public hearing on the issue. The motion was seconded by Bruce White
and passed 3-0.
Charlene Anderson said that staff proposes that the issue go before the Council on April l5'h to allow
the 60 days to pass for the state notification
Master Plan Development PUD Modification—Set Public Hearin¢Date
Kim Adams-Pratt said the City Council had previously adopted the Master Plan Development PUD
ordinance and it had been appealed to the Growth Management Hearing Board Subsequently, the
ordinance was repealed because the required notice had not been provided to the State of
Washington. (Notice has now been given to the state ) The appeal to the Growth Management
Hearing Board was dismissed as the Board agreed that since the ordinance had been repealed they no
longer had jurisdiction over it. (The individual who appealed the ordinance has said he would appeal 1W
it again, as he wants it heard by the Growth Board ) Staff is asking that Council have another public
hearing as they feel there should be no problems in defending the merits of the ordinance
Plamung Committee,3/18/03 3
Bruce White moved to recommend that Council set a public hearing date of April 1,2003, to
hear the Master Plan Development PUD Modification ordinance. The motion was seconded by
Tim Clark and passed 3-0.
Cluster Housing
Charlene Anderson said that when staff had originally looked at the PUD ordinance, it was
determined that it would accomplish what clustering would to get the appropriate or allowable
density on an entire site, especially where there were sensitive areas. She noted that the Committee
had expressed interest in a clustering ordinance in the previous zoning amendment discussion. She
said staff would be happy to look at codes and ordinances from other cities to see what could be done
in that regard.
Tim Clark moved to recommend that staff look into forming a clustering ordinance to bring
forward for approval. The motion was seconded by Bruce White and passed 3-0.
Capital Facilities Plans—Updates to Comprehensive Plan
Charlene Anderson said the Growth Management Act allows amendments to the Comprehensive Plan
only once a year except if it is related to the annual budget process The School District Capital
Facilities Plan, according to Kent City Code, is brought forward and updated at the time the Capital
Facilities Plan of the City of Kent is updated Staff is looking at a way to allow the Council to deal
with both of those measures during the budgeting process, as that is when the Capital Facilities Plan
is reviewed.
Tim Clark moved to direct Administration to go forward %ith a Capital Facilities Plan for the
school district and the City in correspondence with the budget process. The motion was
seconded by Bruce White and passed 3-0.
The meeting adjourned at 3:45 PM.
Jackie Bicknell
Council Secretary
PUBLIC WORKS COMMITTEE MINUTES
APRIL 7, 2003
COMMITTEE MEMBERS PRESENT- Judy Woods, sitting in for Chair Tim Clark, Leona Orr,
sitting in for Julie Peterson, Rico Yingling
STAFF PRESENT: Don Wickstrom, Bill Wolmski, Gary Gill, Mike Mactutis,Tom Brubaker,
Jackie Bicknell
The meeting was called to order by Council President Judy Woods at 5.00 P.M
Approval of Minutes of March 17, 2003
Committee Member Rico Yingling to approve the minutes of March 17, 2003 The motion was
seconded by Councilmember Leona Orr and passed 3-0.
Transportation improvement Board Grant Agreement—Authorize
Public Works Director Don Wickstrom said a Transportation Improvement Board Grant in the amount
of$460,000 was received for the construction phase of the Pacific Highway South SR99 HOV Lanes,
SR516 to South 252nd Street project.
Rico Yingling recommended that the Council authorize the Mayor to sign the TIB Grant
Agreement and authorize staff to accept the grant and establish a budget for the funds to be
spent for the construction phase of the Pacific Highway South SR99 HOV Lanes, SR516 to South
252"d Street Project. The motion was seconded by Leona Orr and passed 3-0.
NPDES Budeet Recommendation —Authorize
Bill Wolinski, Environmental Engineer, said the City of Kent was included in the Phase I1 group of
Jurisdictions that were required, under the Clean Water Act,to acquire a NPDES permit for controlling
storm water discharges. The intent of the program is to regulate materials discharged into the storm
water system to avoid pollution of streams and other water bodies. Six minimum requirements must
be met that include public education and awareness, illicit discharge detection and elimination,
construction site run-off control, post-construction storm water management in new development and
redevelopment, and pollution prevention. The program has been around for some time and has been
anticipated as part of the activities in the City's storm water program, therefore certain requirements
have already been met. Part of the budget request is for the staffing resources and contractual services
to help meet any deficiencies Half a million dollars in the Drainage Fund would be reallocated to
establish the program, and some money will also come out of the Endangered Species Act. Don
Wickstrom clarified that two capital funds were established several years ago, and there is a balance
left over in those funds of$500,000. $112,710 would be taken out of the Drainage Capital Fund and
transferred into the Engineering Division's Operating Fund to finance the position for this year. Next
year more money would be taken out of that fund to carry the program into 2004
Rico Yingling expressed concern about setting the budget today of almost $250,000 a year for three
years in the future without providing a review of the program
Public Works Committee,4/7/03 2
Leona Orr moved to recommend that Council establish the budget for the program listed herein
including the respective reallocation of the funds from the NPDES permit and ESA Capital
Improvement Project funds along with authorizing the new Engineer II position, subject to a
review after one year before it's included in the budget for 2005. The motion was seconded by
Rico Yingling and passed 3-0.
Kent Sprines Transmission Main Repair—Authorize
Don Wickstrom said that design section staff had been working with the Water Division to prepare a
design for repair of the 24 inch Kent Springs Transmission Main at the east-end of Kent, along Kent
Kangley Road. The main is leaking approximately 50 gallons per minute at a very difficult location to
reach, adjacent to the Soos Creek Bridge approach. The cost to fix the main is currently estimated at
$160,000.
Rico Yingling recommended that Council authorize the Mayor to award the Kent Springs
Transmission Main Repair Project to the lowest responsible bidder, subject to the Public Works
Director and the City Attorney's concurrence. The motion was seconded by Leona Orr and
passed 3-0.
Puget Sound Enerev Construction Aereement—Authorize
Don Wickstrom said that four box culverts would be installed in the Springwood Apartments(owned
by the King County Housing Authority) as part of the West Fork Soosette Creek hnprovements The
existing underground power utilities need to be relocated to a lower depth to provide clearance for the
four box culverts. Costs to the City of Kent for the Puget Sound Energy facilities to be lowered are
estimated to be approximately $100,000.
Leona Orr moved to recommend that Council authorize the Mayor to sign the Puget Sound
Energy Construction Agreement upon concurrence of the language therein by the City Attorney
and the Public Works Director. The motion was seconded by Rico Yingling and passed 3-0.
Owest Construction Aereement- Authorize
Don Wickstrom said that existing underground telephone facilities in the Spnngwood apartment
complex needed to be relocated to a lower dept to provide clearance for four box culverts that will be
installed as part of the West Fork Soosette Creek Improvements The estimated cost to the City is
$71,211.82.
Rico Yingling moved to recommend that Council authorize the Mayor to sign the Qwest
Construction Agreement upon concurrence of the language therein by the City Attorney and the
Public Works Director. The motion was seconded by Leona Orr and passed 3-0.
The meeting adjourned at 5:32 PM.
Jackie Bicknell
Council Secretary
• CONTINUED COMMUNICATIONS
A.
EXECUTIVE SESSION
A) Pending Litigation
B) Property Acquisition
ACTION AFTER EXECUTIVE SESSION
A)