HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 11/18/2003 A A
•
City of Kent
City Council Meeting
Agenda
•
November 18, 2003
Mayor Jim White
Councilmembers
Judy Woods, Council President
Tim Clark Julie Peterson
Connie Epperly Bruce White
Leona Orr Rico Yingling
KEN T
WASHINGTON
City Clerk's Office
SUMMARY AGENDA
KENT CITY COUNCIL MEETING
KEN T November 18, 2003
WASHINGTON 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 Mayor's 2004 Budget Presentation
B. Economic Development Update
C. Introduction of Appointees
5 PUBLIC HEARINGS
A. 2004 Annual Budget(second hearing)
B. Capital Improvement Plan 2004-2009 (second hearing)
C 2003 Tax Levy for 2004 Budget
6. CONSENT CALENDAR
A. Minutes of Previous Meeting — Approve
B Payment of Bills—Approve
C. Government Relations Services Contract—Authorize
D Resolutions Authorizing Three Applications to Interagency Committee for
Outdoor Recreation Grants—Adopt
E. Linda Johnson Memorial Donation—Accept
F. Sale of Properties at Meadow Ridge Short Plat—Authorize
G Washington State Department of Transportation Participation Agreement for
Pacific Highway North Phase— Authorize
H. Interlocal Agreement with Soos Creek Water and Sewer District —Authorize
I Boeing and Mill Creek Improvements—Accept as Complete
J 2003 Traffic Striping Project—Accept as Complete
K. COPS Homeland Security Grant—Accept and Amend Budget
L Consolidated Food Services Contract—Authorize
M. Target Grant for DVD Camera—Accept
N. King County Public Health Youth Conference Grant—Accept
O King County Youth Conference Grant—Accept
P Occupational Health Services (OHS) Contract Extension— Approve
Reappointment to Kent Arts Commission — Confirm
• R Matncula Consular Identification Resolution —Adopt
Appointment to Independent Salary Commission—Confirm
(continued next page)
SUMMARY AGENDA CONTINUED
• 7 OTHER BUSINESS
A. 2003 Annual Comprehensive Plan Land Use and Zoning Map Amendments
8 BIDS
None
F 9 REPORTS FROM STANDING COMMITTEES AND STAFF
10 REPORTS FROM SPECIAL COMMITTEES
11 CONTINUED COMMUNICATIONS A Q &A-a,� I
12 EXECUTIVE SESSION
�. Ko -
13. ACTION AFTER EXECUTIVE SESSION
14 ADJOURNMENT
r
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
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CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the subject of
interest, so all may be properly heard.
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
B) FROM THE PUBLIC
•
PUBLIC COMMUNICATIONS
A) MAYOR'S 2004 BUDGET PRESENTATION
B) ECONOMIC DEVELOPMENT UPDATE
C) INTRODUCTION OF APPOINTEES
•
Kent City Council Meeting
Date November 18, 2003
Category Public Hearings
1. SUBJECT: 2004 ANNUAL BUDGET (SECOND HEARING)
2. SUMMARY STATEMENT: This date has been set for the second hearing on the
2004 budget Public input is welcome.
3. EXHIBITS: None
4. RECOMMENDED BY:
(Committee, Staff, Examiner, Commission, etc.)
• 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
A. Councilmember moves, Councilmember seconds
to close the public hearing
B. Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 5A
Kent City Council Meeting
40 Date November 18, 2003
Category Public Hearings
1. SUBJECT: CAPITAL IMPROVEMENT PLAN 2004-2009 (SECOND
HEARING)
2 SUMMARY STATEMENT: This is the second and final public hearing on the
2004-2009 Capital Improvement Plan. The Capital Improvement Plan includes all
capital expenditures for the next six years as described in the Comprehensive Plan and
is updated and incorporated into the Capital Facilities Element of the Comprehensive
Plan on an annual basis. Public input is encouraged as the City plans for future capital
facilities and infrastructure improvements.
3. EXHIBITS: None
4. RECOMMENDED BY: Finance Director
• (Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: S
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
A. Councilmember moves, Councilmember seconds
to close the public hearing
B. Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 513
Kent City Council Meeting
Date November 18, 2003
Category Public Heanngs
1. SUBJECT: 2003 TAX LEVY FOR 2004 BUDGET
2. SUMMARY STATEMENT: This date has been set for the public hearing on the
2003 Tax Levy for the 2004 Budget. Public input is welcome
3. EXHIBITS: None
4. RECOMMENDED BY:
(Committee, Staff, Examiner, Commission, etc.)
0 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: S
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
A. Councilmember moves, Councilmember seconds
to close the public hearing.
B. Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 5C
CONSENT CALENDAR
6. City Council Action:
Councilmember WD'Tb moves, Councilmember Q�JVtJ
seconds to approve Consent Calendar Items A through S.
Discussion
ActionG
6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of November 4, 2003.
6B. Approval of Bills.
Approval of payment of the bills received through October 31 and paid on October 31
after auditing by the Operations Committee on November 4, 2003.
Approval of checks issued for vouchers:
Date Check Numbers Amount
10/31/03 Wire Transfers 1535-1548 $ 993,541.79
10/31/03 Prepays & 554825 983,113.08
10/31/03 Regular 555549 2,742,242.46
$4,718,897.33
Council Agenda
Item No. 6 A-B
•
KEN T Kent City Council Meeting
W.S N I.G T O w November 4, 2003
The regular meeting of the Kent City Council was called to order at 7 00 p.m by Mayor White.
Councilmembers present: Clark, Epperly, Orr, Peterson, White, and Yingling Councilmember
Woods was excused from the meeting. (CFN-198)
CHANGES TO AGENDA
A From Council, Administration or Staff (CFN-198) Public Communications Item 4C and
Consent Calendar Item 6F were removed by Martin Other Business Items 7A and 7B were added
at the request of the Police Chief
B From the Public. (CFN-198) Continued Communication Items A, B and C were added at the
request of citizens
PUBLIC COMMUNICATIONS
' A. Emplovee of the Month. (CFN-147) Mayor White presented the November Employee of the
Month plaque to Lon Flemm, Superintendent for Parks Planning and Development
B Proclamation —Human Services Month. (CFN-155) The proclamation declaring
November as Human Services Month was presented to Rod Saalfeld and Kathenn Johnson.
CONSENT CALENDAR
ORR MOVED to approve Consent Calendar Items A though M, with the exception of Item F
which was removed from the agenda Peterson seconded and the motion carried
A Approval of Minutes. (CFN-198) The minutes of the regular meeting of October 21, 2003,
were approved, with the following correction to Consent Calendar Item 6B
Check Number 554259 should be Number 554282
B Approval of Bills. (CFN-104) Payment of the bills received through October 15 and paid on
October 15 after auditing by the Operations Committee on October 21, 2003 were approved.
Approval of checks issued for vouchers
Date Check Numbers Amount
10/15/03 Wire Transfers 1523-1534 $1,140,275 13
10/15/03 Prepays & 554283 1,370,601 03
10;/15/03 Regular 554824 1,058,899 60
$3,569,775 76
Checks issued for payroll for October 1 through October 15 and paid on October 20, 2003 were
approved
Date Check Numbers Amount
10/20/03 Checks 273241-273524 $ 230,584.26
10/20/03 Advices 154649-155304 1,169,314,22
$1,399,898 48
1
Kent City Council Minutes November 4, 2003
C Growth Management Act Update Grant. (CFN-961) A $45,000 Growth Management Act
Update Grant was accepted and the Mayor was authorized to sign the corresponding contract,
according to the draft scope of work.
D. 2004 Legislative Agenda. (CFN-198) The City of Kent's 2004 Legislative agenda was
adopted.
E Excused Absence for Council President Woods. (CFN-198) An excused absence for
Council President Judy Woods for November 4, 2003 City Council meeting was approved
G. Allenbach IV Bill of Sale. (CFN-484) The Bill of Sale for Allenbach IV submitted by 4A
Development Corporation was accepted
H. Pat's Place (Andrew's Crossing) Bill of Sale. (CFN-484) The Bill of Sale for Pat's Place
submitted by Daley- Morrow- Poblete, Inc was accepted
I. Kara Crest/Cofield Short Plat Bill of Sale. (CFN-484) The Bill of Sale for Kara
Crest/Cofield Short Plat submitted by Wm Wayne Jones Jr was accepted
J West Fork Soosette Creek Improvements Project. (CFN-1038) The West Fork Soosette
Creek Improvements project was accepted as complete and release of retainage to Pivetta Brothers
Construction upon standard releases from the state and release of any liens was authorized
K. Morgan's Place Rezone RZ-2002-6 Ordinance. (CFN-121) Ordinance No 3666 relating to
land use and zoning, rezoning approximately 9 76 acres of property located at 23601 and 23659
98th Avenue South, from Single Family Residential 4 5 units per acre (SR-4 5), to Single Family
Residential six units per acre (SR-6), (Morgan Place Rezone, #RZ-2002-6) was adopted
L Kent Memorial Park Art Contract. (CFN-118) The proposal for Kent Memorial Park
Community Art Project with artists Shannon and Bruce Andersen w as accepted
M. Train Corridor Art Contract. (CFN-118) The proposal for Tram Comdor Public Art with
artist Cheryl dos Remedios was accepted
OTHER BUSINESS
A (ADDED) Washington Traffic Safety Commission Grant. (CFN-122) The Police Chief
requested authonzation to apply for the Washington Traffic Safety Commission grant for 2004,
which will provide supplemental overtime funding for DUI enforcement This DUI campaign will
begin in January 2004 and end by September 30, 2004 EPPERLY MOVED to authorize the Kent
Police Department to apply for the WTSC Grant for 2004 Yingling second and the motion
camed
B. (ADDED) Washington Traffic Safetv Commission Grant. (CFN-122) The Police Chief
requested authorization to apply for the Washington Traffic Safety Commission grant, which will
provide overtime funding for DUI and seat belt violator campaigns The DUI campaign, "Drive
Hammered— Get Nailed"and the seat belt campaign, "Click-It Or Ticket" will begin on
November 20, 2003 and run through January 5, 2004 EPPERLY MOVED to authorize the Kent
Police Department to apply for the WTSC grant for DUI and seat belt violator campaigns
Yingling seconded and the motion camed
2
Kent City Council Minutes November 4, 2003
BIDS
A. UPS Upgrade. (CFN-120) Council approved relocating and installing a new un interruptible
power supply(UPS) for Kent City Hall at the July I" Council meeting Integnty Electnc
submitted the low bid at $38,732 80. YINGLING MOVED that the Mayor be authorized to sign
the purchase order for UPS installation and relocation in an amount not to exceed $38,732.80 to
Integnty Electric. Clark seconded and the motion carried
REPORTS
E Planning Committee. (CFN-198) Orr noted that the next meeting will be held at 3 00 p in
on November 18.
G Administrative Reports. (CFN-198) Martin noted an Executive Session of approximately 10
minutes to discuss property negotiations, with no action anticipated He stated that staff is looking
for ways to repair the damage from an S800,000 cut in capital road projects He also noted that
the streamline sales tax project would take about $4,000,000 out of the General Fund, and that it is
expected to go into effect on April 1, 2005
PETERSON MOVED to make a letter from Marlene Kelly regarding the Comprehensive Plan
Amendments to the public record Orr seconded and the motion carried (CFN-377)
{ CONTINUED COMMUNICATIONS
r A Kent Station. (CFN-171) Bob O'Brien, 1131 Seattle St , urged the City to proceed with a
development agreement with the developer. Mayor White responded that an agreement will come
to Council at the appropriate time
B Morzan's Place. (CFN-121) Karl Hoel ,oieed concern that there are no turn lanes on James
Street, and said they are desperately needed Public Works staff agreed to provide an update to
Council
C. Council Campaign. (CFN-198) Leona Orr, 24909 114th Ave SE, expressed outrage about a
mailer sent to residents regarding her stance on locating convicted sexual offenders in Kent She
explained that if the Council did not vote to set limits, every neighborhood in the City would have
been at risk She added that she testified against a site inside the City limits, and a site in Seattle
was later chosen
EXECUTIVE SESSION
(CFN-198) The meeting recessed to Executive Session at 7 30 p in , and reconvened at 7 40 p in
ADJOURNMENT
(CFN-198) PETERSON MOVED to adjourn at 7 40 p.m. Orr seconded and the motion carried
Q6Z�-(icy
Brenda Jacober, C
City Clerk
3
• Kent City Council Meeting
Date November 18, 2003
Category Consent Calendar
1. SUBJECT: GOVERNMENT RELATIONS SERVICES CONTRACT —
AUTHORIZE
2. SUMMARY STATEMENT: Approval of the 2003 Government Affairs contract
with Doug Levy of Outcomes by Levy.
3. EXHIBITS: Agreement
. 4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
• ACTION-
Council Agenda
Item No. 6C
3
ADMINISTRATION
Mike H. Martin,
Chief Administrative Officer
Phone 253-856-5710
Fax. 253-856-6700
Address 220 Fourth Avenue S
Kent, WA 98032-5895
KENT
G,o.
DATE: October 28, 2003
TO: Kent City Council Operations Committee
FROM: Dena Laurent, Assistant Chief Administrative Officer
THROUGH: Mayor Jim White
SUBJECT: City of Kent 2004 Government Relations Services Contract
MOTION: I move to recommend that the 2004 Government Relations Services
Contract be placed on the consent calendar for the November 18, 2003 Council
meeting for adoption.
SUMMARY:
Please find attached a 2004 contract for government relations consulting services from
Doug Levy of Outcomes by Levy. The services provided are outlined in the contract
and as described in Doug's reports in the Mayor's Update to Council and at Council
briefings during the Legislative Session The contract calls for a monthly fee of
$4,166 67 plus expenses. Doug is very frugal and accountable about both the hours he
works for us and his expenses. I expect his expenses will again be far under the $5,000
that is budgeted. The total budgeted amount for this service is $55,000 The
expenditure continues to be very cost-effective for the price and product we receive.
If you have any questions, please do not hesitate to contact me at 856-5708.
RECOMMENDED BY: Staff
BUDGET IMPACT: 2004: Not to exceed $55,000 inclusive of expenses and
included in the 2004 Mayor's Budget to Council.
5
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Outcomes by Levy
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
i (hereinafter the "City"), and Outcomes bey Levy organized under the laws of the State of Washington, located
and doing business at 7210 NE 147` Place, Kenmore, WA 98028; 425-922-3999 (hereinafter the
"Consultant")
1. DESCRIPTION OF WORK.
i Consultant shall perform the following services for the City in accordance with the following described
plans and/or specifications:
Scope of Work
The following outlines the scope of work under this contract. Specific iNorkplans shall be developed
mutually and reviewed on a regular basis.
❑ Assist with issue identification and meetings with Kent legislators prior to the Legislative Session
❑ Continue to monitor and identify problems and opportunities for Kent on issues under
I consideration by various state legislative bodies including groups meeting on transportation, fiscal
resources, endangered species listings, and other state agency activities
U Monitor and report legislation of concern to Kent during the Legislative Session(s), working with
the Mayor's Office to provide regular status reports and to advocate for Kent on relevant issues
❑ Assist with issue identification, opportunities for Kent and advocacy efforts with Kent's federal
representatives
Ll Assist with issue identification, opportunities for Kent and advocacy efforts with Kent's regional
representatives
❑ Assist with pursuit of funding for Kent projects, particularly at the state and federal levels
Reporting and Communication
The Consultant shall communicate weekly Aith designated staff regarding work under the
contract. Monthly summaries of work completed shall be appended to invoices for
payment.
Consultant further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time those services are performed
1I. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement Upon the effective date of this
Agreement, Consultant shall complete the work described in Section I during the year 2004 and ending on
December 31, 2004..
CONSULTANT SERVICES AGREEMENT- 1
(Between Cny of Kent and Outcomes by Levy)
6
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $50,000
for the services described in this Agreement plus expenses as described next. The City shall
reimburse the Consultant for expenses incurred while doing business on the City's behalf,
which shall be limited to meals, parking, lodging, mileage at the State of Washington's
standard reimbursement rate, phone calls attributable to City of Kent business, legislative
session office space and expenses, and other travel and conference/meeting expenses where
such attendance is directed by the City. Where such expenses are incurred in connection
with work on legislative or regulatory issues affecting the Contractor's other relevant
clients, these expenses shall be pro-rated to the maximum extent practicable for the services
described in this Agreement. This is the maximum amount to be paid under this Agreement for
the work described in Section I above, and shall not be exceeded without the prior written
authorization of the City in the form of a negotiated and executed supplemental agreement. The
Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein
shall remain locked at the negotiated rate(s) for a period of one(1)year from the effective date of
this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A
B. The Consultant shall submit monthly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any
portion of an invoice, it shall notify the Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and I
direct the perfonnance and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of this
Agreement. After termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project, which may be used by the City without restriction If the City's use of
Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the
Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates. Consultant shall execute the
attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
CONSULTANT SERVICES AGREEMENT-2
(Between Cite of Kent and Outcomes by Levli)
7
VTI. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of
this Agreement, except for that portion of the injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to
avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4 24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD , THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 5I RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
I IX. EXCHANGE OF INFORA1ATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work
under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the
Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request.
The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone
other than Consultant on any otherproject shall be without liability or legal exposure to Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion
X1I. WORK PERFORATED AT CONSULTANT'S RISK. Consultant shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose All work shall be
done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
CONSULTANT SERVICES AGREEMENT-3
(Between City of Kent and Outcomes by Leiy)
8
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3 80 of the Kent City Code, the City requires its*
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement
in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements
or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute,
difference or claim arising from the parties' perfonnance of this Agreement, the exclusive means of resolving
that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction
of the King County Superior Court, King County, Washington, unless the parties agree in writing to an
alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties'
performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending
or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided,
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section
VII of this Agreement.
D Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notic
hereunder shall become effective three (3)business days after the date of mailing by registered or certified math
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such i
other address as may be hereafter specified in writing
E Assignment. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations
CONSULTANT SERVICES AGREEMENT-4
(BeNven City of Kent and Outcomes by Levi)
9
IN WITNESS,the parties below execute this Agreement, which shall become effective on the last
date entered below.
CONSULTANT: CITY OF KENT:
By By•
(slgnmm e) (slgnana e)
Print Name. Print Name. Jim White
Its Its Mayor
(Tale) !Tale)
DATE DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Doug Levy -Dena Laurent-
Outcomes by Levy City of Kent
[7210 NE 1471h Place, Kenmore, WA 98028 220 Fourth Avenue South
Kenmore, WA Kent, WA 98032
[425-922-3999 (telephone) (253) 856-5708 (telephone)
(425) 424-8921 (facsimile) (253) 856-6700 (facsimile)
1
APPROVED AS TO FORM:
Kent City Attorney
P Ci\PI JILFS�ONnFiks O'_Ifi 2003\Outcom sH)Lc vCon=ndot
CONSULTANT SERVICES AGREEMENT-5
(Between City of Kent and Outcomes by Leis)
10
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY 10
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all
contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with
the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any contractor,
subcontractor or supplier on this specific Agreement to adhere to. An affirniative response is required on all of
The following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier
willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of
contract and it will be at the City's sole determination regarding suspension or ternunation for all or part of the
Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2 During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color,
national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prune contractor will provide a written statement to all new
employees and subcontractors indicating commitment as an equal opportunity employer
4 During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of
women and minorities.
I
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime
Contractor, that the Prime Contractor complied with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above
Dated this day of 200_.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS- I
11
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1 2 EFFECTIVE DATE. January 1, 1998
SUBJECT. MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY-
Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity
within their organization and, if holding Agreements with the City amounting to S10.000 or more within any
given year, must take the following affirmative steps,
I Provide a written statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer.
2. Actively consider for promotion and advancement available minorities and women
I
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
` termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning. Parks, and Public Works
Departments to assume the following duties for their respective departments.
1 Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines
i
EEO COMPLIANCE DOCUMENTS-2
12
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement
known as that was entered into on the (date) ,
between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement
Dated this day of 200_
i
By:
For
Title
Date.
II
EEO COMPLIANCE DOCUMENTS-3
13
EXHIBIT A
PAYMENT SCHEDULE
Invoices shall be submitted monthly for 1/12 of the annual contract amount and any
relevant expenses as detailed in the contract.
14
EXHIBIT B
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
Kent City Council Meeting
is Date November 18, 2003
Category Consent Calendar
1 SUBJECT: RESOLUTIONS AUTHORIZING THREE APPLICATIONS TO
INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION
GRANTS —ADOPT
2. SUMMARY STATEMENT: Adoption of Resolution Nos. and
, which authorize the Parks, Recreation, and Community Services director to
make formal application to the Interagency Committee for Outdoor Recreation for
funding assistance to make facility improvements at Glenn Nelson Park and to assist in
financing the cost of facility maintenance at Kent Memorial Park and Uplands
Playfield.
3. EXHIBITS: Resolutions
• 4. RECOMMENDED BY: Staff and Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: S
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6D
RESOLUTION NO
A RESOLUTION of the City Council of the City of
Kent, Washington, authorizing application to the
Interagency Committee for Outdoor Recreation (IAC) for
funding assistance for a Youth Athletic Facilities Program
(YAF)project as provided in Ch 79A 25 RCW
WHEREAS, the City of Kent has approved a comprehensive plan that
�! includes the Glenn Nelson Park area, and
f
WHEREAS, under the provisions of YAF, state funding assistance is
requested to aid in financing the cost of facility improvements, and
1
WHEREAS, the City of Kent considers it in the best public interest to
complete the improvement project described in the application, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS
1. The Director of Parks, Recreation, and Community Services is authorized
to make formal application to IAC for funding assistance
2 Any fund assistance received will be used for the implementation of the
project referenced above and described in the application
1 IAC Resolution—
Glenn Nelson Park Improvements
3 The City of Kent certifies that its share of project funding is committed and
will be derived from Real Estate Excise Tax Capital Funds.
4. The City of Kent acknowledges that it is responsible for supporting all non-
cash commitments to the sponsor share should they not materialize,
5. The City of Kent acknowledges that any facility developed with IAC
financial aid must be placed in use as an outdoor recreation facility and be
retained in such use for a minimum of twenty (20) years from final
reimbursement,unless otherwise provided and agreed to by the City of Kent
and IAC.
6. This resolution becomes part of the City's formal application to IAC
7 The City of Kent provided appropriate opportunity for public comment on
this application at the Operations Committee meeting on November 4,
2003
PASSED at a regular open public meeting by the City Council of the City of
Kent, Washington,this day of November,2003.
CONCURRED in by the Mayor of the City of Kent this day of
November,2003
1
JIM WHITE,MAYOR
ATTEST
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM
TOM BRUBAKER,CITY ATTORNEY
2 IAC Resolution—
Glenn Nelson Park Improvements
I hereby certify that this is a true and correct copy of Resolution No
passed by the City Council of the City of Kent,Washington,the day of November,
2003.
BRENDA JACOBER, CITY CLERK
P`CrviP�LVINIML\C maHtanikM1enPutJ¢
3 IA C Resolution—
Glenn Nelson Park Improvements
RESOLUTION NO
A RESOLUTION of the City Council of the City of
Kent, Washington, authorizing application to the
Interagency Comrmttee for Outdoor Recreation (IAC) for
funding assistance for a Youth Athletic Facilities Program
(YAF)project as provided in Chapter 79A.25 RCW.
WHEREAS, the City of Kent has approved a comprehensive plan that
includes the Kent Memorial Park area, and
WHEREAS, under the provisions of YAF, state funding assistance is
requested to aid in financing the cost of facility maintenance, and
WHEREAS, the City of Kent considers it in the best public interest to
complete the maintenance project described in the application, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS
1 The Director of Parks,Recreation, and Community Services is authorized
to make formal application to IAC for funding assistance.
2. Any fund assistance received will be used for the implementation of the
project referenced above and described in the application.
3 The City of Kent certifies that its share of project funding is committed and
1 IA Resolution—
Kent Memorial Park Maintenance
will be derived from Real Estate Excise Tax Capital Funds.
4 The City of Kent acknowledges that it is responsible for supporting all non-
cash commitments to the sponsor share should they not materialize,
5 The City of Kent acknowledges that any facility developed with IAC
financial aid must be placed in use as an outdoor recreation facility and be
retained in such use for a minimum of twenty (20) years from final
reimbursement,unless otherwise provided and agreed to by the City of Kent
and IAC.
6. This resolution becomes part of the City's formal application to IAC
7 The City of Kent provided appropriate opportunity for public comment on
this application at the Operations Committee meeting on November 4,
2003
PASSED at a regular open public meeting by the City Council of the City of
Kent, Washington,this day of November, 2003
CONCURRED in by the Mayor of the City of Kent this day of
November,2003
I
` JIM WHITE,MAYOR
i ATTEST-
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM
TOM BRUBAKER,CITY ATTORNEY
2 IAC Resolution:—
Kent Memorial Park Maintenance
I hereby certify that tlus is a true and correct copy of Resolution No
passed by the City Council of the City of Kent,Washington,the day of November,
2003.
BRENDA JACOBER,CITY CLERK
P CmMFSO W I�MW CaeE�XmMern�PntOa
3 IAC Resolution—
Kent Memorial Park Maintenance
RESOLUTION NO
A RESOLUTION of the City Council of the City of
Kent, Washington, authorizing application to the
Interagency Committee for Outdoor Recreation (IAC) for
funding assistance for a Youth Athletic Facilities Program
(YAF)project as provided in Ch 79A 25 RCW
WHEREAS, the City of Kent has approved a comprehensive plan that
includes the Uplands Playfield area, and
WHEREAS, under the provisions of YAF, state funding assistance is
requested to aid in financing the cost of facility maintenance, and
WHEREAS, the City of Kent considers it in the best public interest to
complete the maintenance project described in the application; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS
1 The Director of Parks,Recreation, and Community Services is authorized
to make formal application to IAC for funding assistance
2 Any fund assistance received will be used for the implementation of the
project referenced above and described in the application
3 The City of Kent certifies that its share ofproject funding is committed and
1 LAC Resolution—
Uplands Playfield Maintenance
will be derived from Real Estate Excise Tax Capital Funds
4 The City of Kent acknowledges that it is responsible for supporting all
non-cash commitments to the sponsor share should they not materialize;
5. The City of Kent acknowledges that any facility developed with IAC
financial aid must be placed in use as an outdoor recreation facility and be
retained in such use for a minimum of twenty (20) years from final
reimbursement,unless otherwise provided and agreed to by the City of Kent
and IAC.
6 This resolution becomes part of the City's formal application to IAC
7 The City of Kent provided appropriate opportunity for public comment on
this application at the Operations Committee meeting on November 4,
2003.
PASSED at a regular open public meeting by the City Council of the City of
Kent,Washington,this day of November, 2003
CONCURRED in by the Mayor of the City of Kent this day of
November,2003.
JIM WHITE,MAYOR i
ATTEST
BRENDA JACOBER,CITY CLERK
APPROVED AS TO FORM
TOM BRUBAKER,CITY ATTORNEY
2 1AC Resolution—
Uplands Playfield Maintenance
I hereby certify that this is a true and correct copy of Resolution No
passed by the City Council of the City of Kent,Washington,the day of November,
2003
BRENDA JACOBER, CITY CLERK
s
3 IA Resolution—
Uplands Playfield Maintenance
Kent City Council Meeting
Date November 18, 2003
Category Consent Calendar
1. SUBJECT: LINDA JOHNSON MEMORIAL DONATION — ACCEPT
2. SUMMARY STATEMENT: As recommended by the Operations Committee,
accept $1,600.00 from the Kent Downtown Partnership for a memorial bench to honor
Linda Johnson.
Linda Johnson is a former president of the Kent Downtown Partnership and a civic
leader who devoted much of her life to the betterment and improvement of downtown
Kent. Linda died unexpectedly in 2001. Her dedication to this city and her presence as
an advocate for Kent's downtown are sorely missed. The Kent Downtown Partnership,
through the Linda Johnson Memorial Committee, has provided a check in the amount
of$1,600.00 for a memorial bench to honor Linda Johnson's many contributions to
Downtown Kent and the Kent community.
3. EXHIBITS: Letter dated 9/12/03
•
4. RECOMMENDED BY: Staff and Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
6. EXPENDITURE REQUIRED: Revenue of$1600.00
SOURCE OF FUNDS: Kent Downtown Partnership
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6E
PO Box 557
Kent, WA 98035-0557
B 253-813-6976
KENT DOWNTOWN PARTNERSHIP 34-B27f1251 2895
c
TELEPHONE. 253-813-6976
...yyy�//►►► PA BOX 557 —1 Z ,f'��
KEN1',WA 98035 20��
Dt7 VNTOMW y Pay 0o ^J $
1 PARrN£RSH/P t the o °l
COLUMBIA STATE BANK
° 504 WEST MEEKER 21
September 12, 2003, B 1'P T.WA 98032
For
: i2 5 1013 2 7 2�:0 6700450611' 89
Charlene Shaw
Linda Johnson Memonai committee
8723 S. 25e Place, #322
Kent, WA 98032
` Dear Charlene,
Enclosed please find a check in the amount of$1,600.00 made out to the City of Kent—
` Linda Johnson Memorial Committee as requested in your letter dated August 23, 2003.
We look forward to the unvieling of this special memorial honoring Linda Johnson A
lady who gave so much of herself to this community and, of course, to the Kent
Downtown Partnership. We sincerely appreciate the time you have given in determining
an appropriate memorial, which will reflect her many contributions to Downtown Kent
and her love for this community.
Please do not hesitate to contact me if I can be of assistance in anyway
Sincerely,
i
a Alexander C
Executive Director
P.O.Box 557,Kent,WA 98035—202 West Gowe Street,Suite K
Phone:253-813-6976 - Fax:253-520-0206 - E Mail: downtown@earthinctcom
Kent City Council Meeting
Date November 18, 2003
Category Consent Calendar
1. SUBJECT: SALE OF PROPERTIES AT MEADOW RIDGE SHORT PLAT—
AUTHORIZE
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
authorize the Public Works Director to commence procedures to sell the properties at
the southeast quadrant of S.E. 2741h Street and 108`h Avenue S.E.
3. EXHIBITS: Vicinity map
. 4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
' 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: S
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION.
Council Agenda
Item No. 6F
PUBLIC WORKS DEPARTMENT
Don E Wtckstrom, P E Public Works Director
Phone 253-856-5500
Fax 253-856-6500
K E N T Address 220 Fourth Avenue S
WA 5n i N GTON
- - Kent,WA 98032-5895
DATE: November 3, 2003
TO: Mayor White and Kent City Council
FROM: Don Wtckstrom, Public Works Director
SUBJECT: Sale of Properties at the SE quadrant of SE 274`h St and 108`h Ave SE (AKA
Meadow Ridge Short Plat)
MOTION Recommend authorization to full Council the sale of properties at the southeast
t quadrant of S E 274`h Street and 108`' Avenue S E
:]
SUMMARY: The Public Works Department requests authorization to sell properties at the
southeast quadrant of S E 274`h Street and 108`h Avenue S E
BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact
BACKGROUND: In conjunction with the development of the 277`h Corridor project
numerous properties impacted by the foot print of the project were bought In this particular case
we combined two parcels one of which had a house on it We segregated out a lot with just the
house on it then short platted the balance into 4 lots While we spent S75,000 to provide utilities
and a private roadway to service all lots including the house, my personal belief is that we will
net S300,000 to $400,000 more then we would have had the property been sold as is All sales
will be at or above appraised value for which we are in the midst of having the properties
appraised Since we have yet to complete all the improvements associated with this corridor
project the monies here from would be used to do so It also should be noted that this money is
not a windfall but an anticipated financial element of the projects funding
Mayor White and Kent City Council Authorization to sell property
November 3,2003
1
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Kent City Council Meeting
isDate November 18, 2003
Category Consent Calendar
1. SUBJECT: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
PARTICIPATION AGREEMENT FOR PACIFIC HIGHWAY
NORTH PHASE —AUTHORIZE
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
authorize the Mayor to sign a Participation Agreement with Washington State
Department of Transportation in the amount of$77,000 for the design of the North
Phase Pacific Highway South HOV Lanes Asphalt Concrete Overlay, upon concurrence
of the language therein by the Public Works Director and the City Attorney, and to
establish a budget for same.
3. EXHIBITS: Public Works Director memorandum and 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. 6G
PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P E Public Works Director
40* Phone 253-856-5500
Fax 253-856-6500
KEN T WASHINGTON Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: October 29, 2003
TO: Mayor White and Kent City Council
FROM: Don Wickstrom, Public Works Director
THROUGH
SUBJECT: WSDOT Participation Agreement for Pac Hwy North Phase Overlay
MOTION:
Recommend authorizing the Mayor to sign the WSDOT Participation Agreement in the
amount of $77,000 for design of the North Phase Pacific Highway South HOV Lanes
Asphalt Concrete Overlay upon concurrence of the language herein by the Public
Works Director and the City Attorney and to establish a budget for the same along with
directing staff to spend the money accordingly.
SUMMARY:
Authorize the Mayor to sign the Participation Agreement between the City of Kent and the
Washington State Department of Transportation for the City to perform preliminary engineering
design for overlay of the City of Kent's Pacific Highway South HOV Lanes South Phase
between S 272nd Street and S 252nd Street
BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact
BACKGROUND:
Pacific Highway South is a state route (SR-99) The Washington State Department of
Transportation is responsible for the maintenance of the roadway surface The City of Kent is in
process of designing the Pacific Highway South HOV Lanes Project The WSDOT has agreed to
reimburse the City for cost of performing the asphalt concrete overlay This agreement is for
design of the overlay
Mayor White and Kent City Council WSDOT Participation Agreement for Pac Huy North Phase
November 3,2003
1
Amok 9
� Washington State
�IAf Department of Transportation
Organization and Address
City of Kent
State Participating Public Works Department
Agreement 229-4th Ave.So
Kent, WA 98032
Work by Local Agency Secton l Location
Actual Cost SR 99,S 272nd St to S 252nd South Phase
Agreement Number
GCA 3346 Description of work
Preliminary Engineering Phase for ACP overlay and required
State Route Number Control Section Number safety work on existing portion of SR 99 The STATE's portion Of
99 170106 the CITY's project will rehabilitate the existing pavement
Region
Northwest Region
THIS AGREEMENT, made and entered into this day of between the STATE OF
WASHINGTON, Department of Transportation,acting by and through the Secretary of Transportation,(hereinafter the"STATE")and
the above named organization,(hereinafter the`LOCAL AGENCY')
WHEREAS,the LOCAL AGENCY is planning the construction of a project as shown above,and in connection therewith,the STATE
has requested that the LOCAL AGENCY perform certain work as herein described,and
WHEREAS, it is deemed to be in the best interest for the STATE to include specific items of work in the LOCAL AGENCY's
construction contract proposed tot the above-noted protect,and
WHEREAS,the STATE is obligated for the cost of work described herein
NOW THEREFORE,by virtue of ROW 47 28 140 and in consideration of the terms,conditions,covenants,and performances
contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS
1 The STATE agrees, upon satisfactory completion of the
GENERAL work involved,to deliver a letter of acceptance which shall
The LOCAL AGENCY,as agent acting for and on behalf of include a release and waiver of all future claims or demands of
the STATE,agrees to perform the above"Description of any nature resulting from the performance of the work under this
AGREEMENT
Work"
Plans,specifications and cost estimates shall be prepared by the 11
LOCAL AGENCY in accordance with the current State of PAYMENT
Washington Standard Specifications for Road. Bridge,and The STATE,in consideration of the faithful performance of the
Municipal Construction,and amendments thereto,and adopted work to be done by the LOCAL AGENCY,agrees to reimburse
design standards,unless otherwise noted The LOCAL AGENCY the LOCAL AGENCY for the actual direct and related indirect
will incorporate the plans and specilications into the LOCAL cost of the work
AGENCY's protect and thereafter advertise the resulting project
for bid and,assuming bids are received and a contract is An itemized estimate of cost for work to be performed by the
awarded,administer the contract LOCAL AGENCY at the STATE's expense is marked Exhibit
"A",and is attached hereto and by this reference made a part
of this AGREEMENT
The LOCAL AGENCY agrees to submit plans and specifications Partial payments shall be made by the STATE,upon request of
for the described work as shown on Exhibit"B", attached hereto the LOCAL AGENCY,to cover costs incurred These payments
and by this reference made a part of this AGREEMENT, to the are not to be more frequent than one(1)per month It is agreed
STATE for approval prior to advertising the project that any such partial pa
yment will not constitute agreement as to
the appropriateness of any item and that, at the time of the final
audit,all required adjustments will be made and reflected in a
The STATE may, if it desires,lumish an inspector on the final payment
project Any costs for such inspection will be borne solely by
the STATE All contact between said inspector and the LOCAL
AGENCY's contractor shall be through the LOCAL AGENCY's
representative .
DOT Form 224-0e7 EF
Fi dad Ile?
10
The LOCAL AGENCY agrees to submit a final bill to the STATE In the event it is determined that any change from the description
within forty-five(45)days after the LOCAL AGENCY has of work contained in this AGREEMENT is required,approval must
completed the work be secured from the STATE pnor to the beginning of such work
Where the change is substantial,written approval must be
111 secured
DELETION OF WORK
In the event the estimate o1 cost, Exhibit"A",is in excess of Reimbursement for increased work and/or a substantial change in
$10,000 and the total actual bid prices for the work covered by the description of work shall be limited to costs covered by a
this AGREEMENT exceeds the estimate of cost by more than 15 written modification,change order or extra work order approved
percent,the STATE shall have the option of directing the LOCAL by the STATE
AGENCY to delete all or a portion of the work covered by this
AGREEMENT from the LOCAL AGENCY's contract Except,that V
this provision shall be null and void if the STATE's portion of the RIGHT OF ENTRY
work exceeds 20 percent of the actual total contract bid price The STATE hereby grants and conveys to the LOCAL AGENCY
the right of entry upon all land which the STATE has interest,
within or adjacent to the right of way of the highway,for the
The STATE shall have five(5)working days from the date of purpose of constructing said improvements
written notification to inform the LOCAL AGENCY to delete the Upon completion of the work outlined herein,all future operation
work Should the STATE exercise ris option to delete work,the and maintenance of the STATE's facilities shall be at the sole cost
STATE agrees, upon billing by the LOCAL AGENCY,to of the STATE and without expense to the LOCAL AGENCY
reimburse the LOCAL AGENCY for preliminary engineering costs
incurred by the LOCAL AGENCY to include the work covered by
this AGREEMENT in the LOCALAGENCY's contract VI
LEGAL RELATIONS
No liability shall attach to the LOCAL AGENCY or the STATE by
IV reason of entering into this agreement except as expressly
EXTRA WORK provided herein
In the event unforeseen conditions require an increase in the cost
of 25 percent or more from that agreed to on Exhibit"A",this
AGREEMENT will be modified by supplemental AGREEMENT
covering said increase
IN WITNESS WHEREOF,the parties hereto have executed this AGREEMENT as of the day and year first above written
LOCAL AGENCY STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
By By
Title Title
Date
DOT F- -224-W7 Er
Rev 197
' 11
EXHIBIT "A"
SCOPE OF WORK & ESTIMATE OF COST
SR 99
S. 272"d Street to S. 252"d Street
PRELIMINARY ENGINEERING PHASE
CITY Project:
This agreement provides for STATE participation in the
preliminary engineering for the "South Phase" of the City of Kent's
Pacific Highway South HOV Lanes Project to widen Pacific
Highway South (SR 99) South 272"d Street and South 252"d
Street, a length of approximately 1 .25 miles.
STATE Participation:
The STATE will participate in this phase of work by providing
funding for the preliminary engineering of the ACP overlay and
required safety work for the existing pavement of SR 99
Preliminary Engineering $77,000.00
The maximum amount that the STATE shall reimburse the CITY
of KENT shall not exceed the TOTAL AMOUNT AUTHORIZED as
listed for PRELIMINARY ENGINEERING work.
SR 99 —S. 272"d St. to S. 252"d St. GCA 3346
Exhibit"A" Sheet 1 of 1
12
EXHIBIT "B"
DESCRIPTION OF WORK
SR 99
S. 272nd Street to S. 252nd Street
PROJECT DESCRIPTION:
The "South Phase" of the City of Kent's Pacific Highway South
HOV Lanes Project will widen Pacific Highway South (SR 99)
between the South 272nd Street and South 252"d Street. The
proposed project will reconstruct and widen the roadway to a curb-
to-curb width of 86 feet providing northbound and southbound
high occupancy vehicle lanes adjacent to the street curb.
Improvements also include the construction of concrete curb,
gutters, and a seven-foot-wide sidewalk. Ancillary improvements
include upgrading and interconnecting the existing traffic signals,
underground overhead utilities, construction of a new storm
drainage system, construction of new detention ponds, control of
driveway access points and drainage and illumination system
improvements
City of Kent's Total Construction Cost Estimate for South
Phase Overlay is $770,200.00
Preliminary Engineering costs - 10% of Total Construction Cost
Estimate - to be paid to the CITY by the STATE.
SR 99— S. 272nd St. to S. 252nd St.
GCA 3346
Exhibit "B" Sheet 1 of 3
13
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CITY OF KENT PACIFIC HIGHWAY SOUTH HOV LANES PROJECT FIGURE
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• Kent City Council Meeting
Date November 18, 2003
Category Consent Calendar
1. SUBJECT: INTERLOCAL AGREEMENT WITH SOOS CREEK WATER AND
SEWER DISTRICT— AUTHORIZE
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
authorize the Mayor to sign an Interlocal Agreement with Soos Creek Water and Sewer
District for provision of water and sewer service by the District within the City subject
to the Public Works Director's and the City Attorney's concurrence of the language
therein.
3. EXHIBITS: Public Works Director memorandum, vicinity map and 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. 6H
17
PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P E Public Works Director
Phone 253-856-5500
Fax 253-856-6500
K E IN T Address 220 Fourth Avenue S
wAs H I N_c-O N
Kent,WA 98032-5895
DATE: November 3, 2003
TO: Mayor White and Kent City Council
FROM: Don Wickstrom, Public Works Director
SUBJECT: Interlocal Agreement with Soos Creek Water and Sewer District for Provision of
Water and Sewer Service by District Within City
MOTION Recommend authorizing the Mayor to sign an Interlocal Agreement with Soos Creek
Water and Sewer District for provision of water and sewer service by district within the City
subject to the Public Works Director's and City Attorney's concurrence of the language therein
SUMMARY: The Public Works Department proposes to enter into an agreement with Soos
Creek Water and Sewer District for the District to provide water and sanitary sewer service to
certain areas of the City's corporate limits (see attached map for respective sernce areas) The
City and the District have determined that the District can more efficiently provide water and
sanitary sewer service to the areas
BUDGET IMPACT No Unbudgeted Fiscal/Personnel Impact
BACKGROUND: With the Meridian annexation in 1996, the Meridian Valley annexation in
1997 and the Demarco annexation to 2001 significant area served by Soos Creek Sewer& Water
District(District) now lies within the City's corporate limits As shown on the attached snap the
District provides sewer service to that portion of Kent generally lying easterly of 124`t' Ave SE
and northerly of SE 256`h St and then easterly of 132nd Ave SE With respect to vt ater service
the District services generally easterly of 120the Ave SE and northerly of SE 240`1' St This
agreement which runs for ten years simple establishes the terms and condition', for the District
must follow per use of the City's right of ways
Mayor White and Kent City Council Interlocal Agreement with Soos Creek W ater and Sewer
October 20,2003
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DRAFT
CITY OF KENT and SOOS CREEK WATER AND SEWER DISTRICT
INTERLOCAL AGREEMENT FOR PROVISION OF
WATER AND SEWER SERVICE BY DISTRICT WITHIN CITY
THIS AGREEMENT, made and entered into this day of
, 2003, by and between the CITY OF KENT, a Washington
municipal corporation, hereinafter referred to as "the City", and SOOS CREEK WATER AND
SEWER DISTRICT, a Washington municipal corporation, hereinafter referred to as "the
District", both being duly organized and existing under and by virtue of the laws of the State of
Washington,
WITNESSETH:
WHEREAS, the City and the District are public agencies authorized by law to
engage in furnishing domestic water service and sanitary sewer service, and to that end, the City
may, through the City Council, enter into franchise agreements and interlocal agreements with
. respect to the rights, powers, duties, and obligations of the parties regarding the use of public
rights-of-way and other public property, the provision of services, the maintenance and operation
of facilities, the right to promulgate rules and regulations, to levy and collect special
assessments, rates, charges, service charges and connection fees, the performance of contractual
obligations and any other matters ansing out of the provision of District service to areas within
the City, all pursuant to and in accordance with RCW Sections 39 34 080, 35 92 0 10,
35A 47 040, and 57 08, and
WHEREAS, the City and the District desire to enter into an interlocal agreement
which will describe the terms and conditions regarding the District's provision of service to areas
within the City, and
WHEREAS, the City and the District have determined that the District can more
efficiently provide water to that certain area of its corporate lints as described in Exhibit A, and
1 City of Kent and Soos Creek
Water and Sewer Interloca!Agreement
22
WHEREAS, the City and the District have determined that the District can more
efficiently provide sanitary sewer service to that certain area of its corporate linuts as described
in Exhibit B, and
WHEREAS, the District has the ability and desire to provide water and sanitary
sewer service to the areas described in Exhibits A and B, respectively,
NOW,THEREFORE:
IT IS HEREBY AGREED by and between the parties hereto as follows
SECTION 1. District Facilities Within City The City and the District hereby
agree that the District, its successors and assigns, for a period of ten (10) years, commencing on
the effective date of this Agreement shall be acknowledged by the City as having a right and
privilege, subject to the City's regulatory authority, to lay down, construct, relay, connect,
replace and/or maintain such and so many pipes, conduits and mains, and all other
appurtenances, appendages, and facilities thereto, in, along, through, and under the avenues,
streets, lanes, alleys, highways, and other public places and ways in that portion of the Kent City
limits as specifically described in Exhibit A, attached hereto and incorporated herein, as may be
necessary, convenient and/or proper in order to provide water to the public, and for that purpose
to make any and all connections which may be necessary, convenient and/or in
proper,
accordance with the terms and conditions set forth hereinafter
The City and the District further agree that the District, its successors and assigns, for a
period of ten (10) years, commencing on the effective date of this Agreement shall be
acknowledged by the City as having a right and privilege, subject to the City's regulatory
authority, to lay down, construct, relay, connect, replace and/or maintain such and so many
pipes, conduits and mains, and all other appurtenances, appendages, and facilities thereto, in,
along, through, and under the avenues, streets, lanes, alleys, highways, and other public places
and ways in that portion of the Kent City limits as specifically described in Exhibit B, attached
i
2 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
23
hereto and incorporated herein, as may be necessary, convenient and/or proper in order to
provide sanitary sewer service to the public, and for that purpose to make any and all
connections which may be necessary, convenient and/or proper, in accordance with the terms
and conditions set forth herein
SECTION 2. Authority To Manage, Rekulate,And Control Water and Sanitary
Sewer System. After the construction of the water and sanitary sewer facilities as contemplated
under this Agreement, the District shall have the sole responsibility to maintain, manage, conduct
and operate its water system as installed within the area described in Exhibit A, and the sanitary
sewer system as installed within the area described in Exhibit B, together with any additions,
extensions and betterments thereto.
SECTION 3. Authority To Fix Service Rates. The rates charged to the water
service customers within the area described in Exhibit A, and the sanitary sewer service
described in Exhibit B, shall be fixed, altered, regulated, and controlled solely by the District,
pursuant to the limitations on such authority as set forth in Ch 57 08 RCW, or any applicable
regulations promulgated thereafter by the state on the subject of rates and charges for water and
sanitary sewer service
i
SECTION 4. Non-Exclusive The rights described in this Agreement shall not be
deemed or held to be exclusive Except for provision of water service and sanitary sewer service
to the public within the areas described in Exhibits A and B, respectively, it shall in no manner
prohibit the City from entering into other agreements or franchises of a like nature or franchises
for other public or private utilities, in, over, along, across, under, and upon any of the streets,
avenues, highways, alleys, or public places, or ways as herein described, and shall in no way
prevent or prohibit the City from using any of said streets, avenues, etc., or affect its jurisdiction
over them or any part of them with full power to make all necessary changes, relocations,
repairs, or maintenance of same as it deems fit Finally, and without limiting the foregoing,
except for provision of water service and sanitary sewer service to the public within the areas
3 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
24
described in Exhibits A and B, the City also retains its full right to operate its water utility
system and sanitary sewer system within the described areas Nothing herein is intended to
diminish the authority of either the City or the District under applicable statutory and regulatory
authority, and any apparent limitation thereon placed by this Agreement shall be considered an
exercise by mterlocal agreement of said authority
SECTION 5. Approval of Plans Prior to construction, repair, or maintenance of
any of the pipes, conduits, mains, facilities, and appurtenances in the area described in Section 1
herein, the District shall submit to the Director of Public Works or his designee ("Director") for
review and approval, the requested number of plan sets drawn to an accurate scale, showing the
exact location, character, position, dimension, depth, and height of the work to be done The
plans shall accurately depict the relative positron and location of all pipes, conduits, mains,
manholes, facilities, and appurtenances to be constructed, lard, re-laid, installed, replaced,
repaired, connected or disconnected, and the existing street, avenue, alley, highway, right-of-way
or property lines All streets, avenues, highways, alleys, lanes, or ways denoted thereon shall be
designated by their names and number and the local improvements therein such as roadway
pavement, shoulders, sidewalks, curbs, gutters, ditches, driveways, parking strips, telephone or
electric distribution poles, conduits, storm, gas, or water pipe lines as may exist on the ground or
h area sought to be occupied shall be outlined
In the construction proposed by the District, all materials and equipment shall be as
specified in the District's general conditions and standards and as approved by the City. The
exact class and type to be used shall be shown on the plans, as will the equipment to be used and
the mode of safeguarding and facilitating the public traffic during construction The manner of
excavation, construction installation, backfill, and temporary traffic control measures (such as
traffic turnouts, road barricades, etc ) shall meet with the approval of, pass all requirements of,
and be constructed in conformance with approved plans, permit conditions, and specifications
under the inspection supervision of the Director Prior to approval of any work under this
Agreement, the Director may require such modifications or changes, as he deems necessary to
4 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
25
properly protect the public in the use of the public places, and may fix the time or times within
and during which such work shall be done
The District shall pay to the City such amounts as, in the judgment of the Director, are
reasonably necessary to investigate and process any plans for construction work, to inspect such
work, to secure proper field notes for location, to plot such locations on the permanent records of
the City's public works department, to supervise such work, or to inspect or re-inspect as to
maintenance, during the progress of or after the repair of, any of the initial construction
authorized by this Agreement The City shall make its best efforts to complete all inspections in
a timely manner
SECTION 6. Protection Of Public Whenever an accident, faulty operation, or
excavation or fill associated with the construction, installation, maintenance or repair of the
facilities authorized under this Agreement has caused or contnbuted to a condition that appears
to substantially impair the structural integrity of the adjoining street or public place, or endangers
the public, and adjoining public place, street utilities or City property as determined solely by the
Director, the Director may direct the District, at its own expense, to take actions to protect the
public, adjacent public places, City property and street utilities, and may require compliance
within a prescribed time
In the event that the District fails or refuses to take the actions directed promptly, or fails
to fully comply with such directions given by the Director, or if emergency conditions exist
which require immediate action, the City may enter upon the property and take such actions as
are necessary to protect the public, the adjacent streets, or street utilities, or to maintain the
structural integrity thereof, including placing of temporary shoring, backfilling, alterations of
drainage patterns and any other actions reasonably necessary to decrease the possibility of earth
movement, or actions regarded as necessary safety precautions, and the District shall be liable to
the City for the costs thereof.
SECTION 7. fair Of Streets, Sidewalks, Public Places and/or Citv Facilities
After construction, maintenance, or repair of the facilities authorized by this Agreement, the
5 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
26
Distnct shall repair and restore any damaged or injured streets, avenues, highways, public places,
City facilities, or affected portions of same, to their original condition. The Director shall have
final approval of the condition of such streets and public places after completion of construction
SECTION 8. Indemnification The District hereby releases, covenants not to
bring suit and agrees to indemnify, defend, and hold harmless the City, its officers, officials,
employees, agents, and representatives, from any and all claims, costs, judgments, awards, or
liability to any person, including claims by the District's own employees to which the District
might otherwise be immune under Title 51 RCW, ansing from injury or death of any person or
damage to property of which the negligent acts or omissions of the District, its agents, servants,
officers, or employees in performing this franchise agreement are the proximate cause. The
District further releases, covenants not to bring suit and agrees to indemnify, defend and hold
harmless the City, its officers, officials, employees, agents and representatives from any and all
claims, costs,judgments, awards or liability to any person including claims by the District's own
employees, to which the District might otherwise be immune under Title 51 RCW, arising
i against the City solely by virtue of the City's ownership or control of the nghts-of-way or other
public properties by virtue of the District's exercise of the rights granted herein, or by virtue of
the City's permitting the District's use of the City's rights-of-way or other public property, based
upon the inspection or lack of inspection of work performed by the District, its agents, and
servants, officers, or employees in connection with work authorized on the City's property or
property over which the City has control, pursuant to this franchise agreement or pursuant to any
other permit or approval issued in connection hereto
This covenant of indemnification shall include, but not be limited by this reference to,
claims against the City arising as a result of the negligent acts or omissions of the District, its
agents, servants, officers, or employees in barricading or providing other warnings of any
excavation, construction, or work in any public right-of-way or other public place in
performance of work or services permitted under this franchise agreement Inspection or
acceptance by the City of any work performed by the District at the time of completion shall not
be grounds for avoidance of any of these covenants of indemnification Said indemnification
6 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
27
obligations shall extend to claims which are not reduced to a suit and any claims which may be
compromised prior to the culmination of any litigation or the institution of any litigation,
provided that the District shall not be liable to indemnify the City for any settlement of any
action or claim effective without the consent of the District, but if settled with the consent of the
District, the District shall indemnify and hold harmless the City from and against loss or liability
by reason of such settlement. The District shall be obligated to indemnify the City regardless of
whether the settlement of the action on the claim is made with the consent of the District if the
District has refused to defend the City.
In the event that the District refuses the tender of defense in any suit or claim, said tender
having been made pursuant to the indemnification clauses contained herein, and said refusal is
subsequently determined by a court having jurisdiction (or such other tribunal that the parties
shall agree to decide the matter) to have been a wrongful refusal on the part of the District, then
the District shall pay all of the City's costs for defense of the action, including all reasonable
expert witness fees and reasonable attorney's fees and the reasonable costs of the City, including
reasonable attorney's fees for recovery under this indemnification clause
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4 24.115, then, in the event of liability for damages ansmg out of bodily injury to persons or
damage to property caused by or resulting from the concurrent negligence of the District and the
City, its officers, officials, employees or agents, the District's liability hereunder shall be only to
the extent of the District's negligence It is further specifically and expressly understood that the
indemnification provided herein constitutes the District's waiver of immunity under Title 51
RCW, solely for the purposes of this indemnification This waiver has been mutually negotiated
by the parties.
SECTION 9. Insurance The District shall procure and maintain for the duration
of this Agreement, insurance against claims for injuries to persons or damages to property which
may arise from or in connection with the exercise of the rights, privileges and authority granted
hereunder to the District, its officers, officials, agents, or employees The District shall provide
7 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
28
evidence satisfactory to the City of such insurance policy for its inspection prior to the adoption
of this agreement.
The insurance obtained by the District shall name the City, its officers, officials,
employees and agents as insureds with regard to activities performed by or on behalf of the
District The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officers, officials, employees or agents In addition, the insurance policy shall
contain a clause stating that coverage shall apply separately to each insured against whom claim
is made or suit is brought, except with respect to the limits of the insurer's liability The
District's insurance shall be the primary insurance as respect to the City, its officers, officials,
employees or agents Any insurance maintained by the City, its officers, officials, employees or
agents shall be in excess of the District's insurance and shall not contribute with it
The insurance policy or policies required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or
limits except after thirty (30) days' prior written notice by certified mail, return receipt requested,
has been given to the City. Any failure to comply with the reporting provisions of the policies
shall not affect coverage provided to the City, its officers, officials, employees or agents
SECTION 10. Relocation Of Lines And Facilities The District agrees and
` covenants at its sole cost and expense, to protect, support, temporarily disconnect, relocate, or
remove from any street or public place within the Agreement area, any of its installations when
so required by the City by reason of traffic conditions or public safety, dedications, or new
rights-of-way and the establishment and improvement thereof, freeway construction, change or
establishment of street grade, or the construction of any public improvement or structure by any
governmental agency acting in a governmental capacity, provided that the District shall in all
such cases have the privilege to temporarily bypass, in the authorized portion of the same street
upon approval by the City, any water or sanitary sewer line or portion thereof required to be
temporarily disconnected or removed
The City shall consult all as-built maps and plans filed by the District pursuant to this
Agreement or any permits authorized under this franchise, in order to determine whether the
8 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
zs
District has placed pipe or facilities in any area affected by a proposed City project The City will
make its best effort and attempt to design or redesign streets, avenues, alleys or public places or
ways, and other City utilities to minimize the impact thereof on the District's existing water and
sanitary sewer systems, including the need to require the District's facilities to be relocated
PROVIDED HOWEVER, that the City shall make the final determination on the need for
relocation of the District's facilities.
Whenever the City determines that any of the above circumstances necessitate the
relocation of the District's then existing facilities,the City shall notify the District in writing, and
provide the District with copies of pertinent portions of the plans and specifications for such
project so that the District is able to relocate its facilities to accommodate the City's project at
least ten (10) days prior to the project's commencement. The City shall provide notice to the
District and require relocation of the facilities in a period of time that is reasonable given the
circumstances surrounding the project. The City understands that pursuant to RCW 57.08 050,
the District is required to comply with certain notice and bid procedures prior to commencement
of any construction project Whenever practical, given the circumstances surrounding the City's
project, the City shall provide the District with sufficient notice to enable the District to comply
fully with RCW 57 08 050 without resorting to emergency powers granted therein Upon the
District's failure to complete relocation of its installations and facilities as directed by the City,
the City may remove same at the District's expense
If, after reviewing the as-built maps and plans submitted by the District, the City
determines that the District's pipe or facilities will not be affected by a proposed City project, no
notice shall be given to the District The City may then commence construction and if the City
finds that the District's as-built maps and plans are inaccurate through the actual discovery of
pipe and facilities in the construction area, the City shall notify the District and allow the District
twenty-four (24) hours to remove and/or relocate its pipe and facilities However, should the
District be unable to remove and/or relocate its pipe and facilities within this twenty-four (24)
hour period after notification, the City may remove and dispose of same at the District's cost.
9 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
30
SECTION 11. Abandonment of Water Pipe Sanitary Sewer Pipe, and System
Facilities No pipe, conduit, main, appurtenances, appendages or water and sanitary sewer
system facilities may be abandoned by the District without the express written consent of the
City Abandonment procedures may be initiated by application of the District to the City, which
application shall detail, to the City's satisfaction, the location of all pipe or facilities to be
abandoned by providing to the City with the abandonment application current as-built drawings
showing the exact location of all pipes or facilities to be abandoned, and the procedures the
District plans to implement in order to comply with all local, state, and federal regulations
pertaining to abandonment of water and sanitary sewer pipe and facilities constructed of asbestos
cement or other materials containing asbestos The District shall, at its sole cost and expense, and
pursuant to all local, state, and federal regulations, remove and properly dispose of all abandoned
pipes and water and sanitary sewer facilities when so directed by the City for any reason, with
cause The District will commence the removal and disposal of the abandoned facilities within
thirty (30) calendar days, and will fully complete the removal within one hundred eighty (180)
calendar days from the date the City directs the removal, unless the City agrees, in writing, to
extend the time for removal In the event of the District's failure to fully comply with these
provisions, the District will be charged $10000 a day for each day of the District's non-
compliance In addition to and in clarification of the indemnity provisions in Section 8, the
District specifically shall defend, indemnify and hold the City, its officers, officials, employees,
agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the abandonment
and/or removal of water and sanitary sewer pipe and facilities constructed of asbestos cement or
other material containing asbestos In the case of street vacations, the City shall, to the extent
possible, retain and grant an easement to the District for any pipe and facilities then in use by the
District The City shall give notice to the District of any proposed project or street vacation
requiring removal of abandoned pipe and facilities as set forth in Section 10 If the District does
not comply within the time period set by the City, the City may arrange for the removal and
proper disposal of all such pipes and facilities at the District's cost
10 City of Kent and Soos Creek
MWater and Sewer Interlocal Agreement
31
SECTION 12. Excavation During any period of installation, relocation,
maintenance, or repair of the District's facilities and installations, all surface structures, if any,
shall be erected and used in such places and positions within said public rights-of-way and other
public properties so as to interfere as little as possible with the free passage of traffic and the free
use of adjoining property, and the District shall at all times post and maintain proper barricades
during such period of construction as required by state law or city ordinance.
Whenever the District shall excavate in any public right-of-way or other public property
for the purpose of installation, repair, maintenance, or relocation of its facilities, it shall apply to
the City for a permit to do so and except in the case of an emergency, shall give the City at least
three (3) working days notice thereof. In the event that emergency work is required, the District
may, without prior written notice to the City, request permits by telephone The Director shall
grant or deny such permits by telephone, but the District shall follow-up all phone emergency
permmt requests with a written application within three (3) working days of the telephone
notification to the Director In all other cases, the City shall approve the District's applications
for permits as soon as reasonably possible During the progress of the work, the District shall not
unnecessarily obstruct the passage or proper use of the right-or-way, and shall file maps or plans
with the City (as described in Section 5 herein) showing the proposed and final location of the
water and sanitary sewer facilities
If either the City or the District shall at any time plan to make excavations in any area
covered by this Agreement and as described in this section, the party planning such excavation
shall afford the other, upon receipt of a written request to do so, an opportunity to share such
excavation, PROVIDED THAT: (1) such joint use shall not unreasonably delay the work of the
party causing the excavation to be made, (2) such joint use shall be arranged and accomplished
on terms and conditions satisfactory to both parties, and (3) either party may deny such request
for safety reasons
Prior to commencement of any construction authorized by this franchise agreement, the
District shall reference all monuments and markers of every nature relating to subdivision plats,
highways and all other surveys for review and inspection by the City The reference points shall
be so located that they will not be disturbed during the District's operations under this
I 1 City ojKent and Soos Creek
Water and Sewer Interlocal Agreement
32
Agreement The method of referencing these monuments or other points to be referenced shall be
approved by the Director before placement The replacement of all such monuments or markers
disturbed during construction shall be made as expeditiously as conditions permit and as directed
by the Director The costs of monuments or other markers lost, destroyed, or disturbed and the
expense of replacement by approved monuments shall be borne by the District
SECTION 13. Permits Required This Agreement does not release the District
from any of its obligations to obtain applicable local, state, and federal permits necessary to
install, construct, operate, maintain, remove, repair, reconstruct, replace, use and inspect its water
and sanitary sewer system The District's failure to comply with this Section 13 shall, after
notice and a reasonable opportunity to cure, as determined by the City in its sole discretion,
constitute grounds for termination of this Agreement by the City
SECTION 14. Compliance With Laws The District keeps itself fully informed
of and comply with all Federal and State laws, and all municipal ordinances and regulations
which in any manner affect the work or performance of the work authorized under this
Agreement The District shall indemnify the City, its officers, officials, agents, employees or
representatives against any claim or liability arising from or based upon the violation by the
District, its subcontractors, employees, or any person acting on behalf of the District of any laws,
ordinances or regulations
SECTION 15. Discrimination. The District will not discriminate on the grounds
of race, creed, color, religion, national origin, sex, marital status, age or the presence of any
sensory, mental, or physical handicap The District fully complies with RCW 49 60
SECTION 16. City Construction Adiacent To District Installation The laying,
construction, maintenance, and operation of the said District's system of water and sanitary
sewer lines, pipes, conduits, mains, etc , authorized under this Agreement shall not preclude the
City or its accredited agents and contractors from excavating, grading or doing other necessary
12 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
33
road work contiguous to the said Distnct's pipe lines, provided that the Distnct shall have forty-
eight (48) hours notice of said excavation, grading or road work in order that the District may
protect its line of pipe and property.
SECTION 17. Modification The City and District hereby reserve the right to
alter, amend or modify the terms and conditions of this Agreement upon written agreement of
both parties to such alteration, amendment, or modification
SECTION 18. Bond The City and the District acknowledge RCW 35A.21.250
The District shall not be required to furnish any bond before undertaking any of the work,
improvements, repair, relocation, or maintenance authorized by this Agreement
SECTION 19. Enforcement If the District or the City willfully violates or fails to
comply with any of the provisions of this Agreement, then the non-breaching party may elect,
without any prejudice to any of its other legal rights and remedies, to obtain an order from the
superior court having jurisdiction compelling compliance with the provisions of this Agreement
and to recover damages and costs incurred by reason of the failure to comply if the District
through willful or unreasonable negligence fails to heed or comply with any notice given the
District under the provisions of this Agreement, then , after providing the District reasonable
notice and opportunity to cure, this Agreement may be revoked or annulled by the Council after
a hearing held upon reasonable notice to the District
SECTION 20. Remedies to Enforce Compliance. In addition to any other
remedy provided herein, the City and the District reserve the right to pursue any remedy to
compel or force the other and/or its successors and assigns to comply with the terms hereof The
pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a
forfeiture or revocation for breach of the conditions herein This Agreement shall not in any way
affect the District's obligation to obtain all necessary permits and to comply with all City
13 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
34
ordinances, rules, and regulations to the extent they apply to any work or activity subject to this
Agreement
SECTION 21. C14 Ordinances and Regulations Nothing herein shall be
deemed to direct the City's ability to adopt and enforce all necessary and appropriate ordinances
regulating the performance of the conditions of this Agreement, including any reasonable
ordinance made in the exercise of its police powers in the interest of the public safety and for the
welfare of the public The City shall have the authority at all times to control by reasonable and
I appropriate regulations the location, elevation and manner of construction and maintenance of
any water and sanitary sewer facilities by the District, and the District shall promptly conform
with all such regulations, unless compliance would cause the District to violate other
requirements of law Provided, however, that the City shall not compel compliance by the
District with any permitting, construction, building or restoration standard or regulation contrary
to that which would be required for the same project or activity if it was performed by the City
SECTION 22. Cost Of Publication The cost of publication any ordinance
i
Iadopting this Agreement shall be borne by the District
SECTION 23. Assz nment The District may not assign the rights, duties, and
obligations under this Agreement without the prior, written consent of the City, which consent
shall not be unreasonably withheld, If such consent is given for assignment, acceptance of the
assignment shall be filed by the District's successor with the City
SECTION 24. Successors And Assi nos All the provisions, conditions,
regulations, and requirements contained in this Agreement shall be binding upon the successors
and assigns of the District, and all privileges of the District shall inure to its successors and
assigns equally as if they were specifically mentioned herein
14 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
35
SECTION 25. Notice Any notice or information required or permitted to be
given to the parties under this Agreement may be sent to the following addresses unless
otherwise specified-
CITY OF KENT SOOS CREEK WATER & SEWER
Director of Public Works DISTRICT
220 Fourth Avenue South ATTN District Manager
Kent Washington 98032 P.O. Box 58039
Renton, Washington 98058
(253) 630-3309
(FAX) (253) 630-5289
SECTION 26. Acceptance. After the passage and approval of this Agreement by
the Kent City Council, and within sixty (60) days after such approval, this Agreement shall be
accepted by the District by its filing with the City Clerk an unconditional written acceptance
thereof Failure to so accept within said period of time shall be deemed a rejection thereof by the
District This Interlocal Agreement shall be processed, approved, and implemented by the City
in accordance with its procedures for the granting of franchises, except to the extent such
procedures would be contrary to the express terms hereof
SECTION 27. Survival All of the provisions, conditions, and requirements of
Sections 6, Protection of Public, 8, Indemnification, 10, Relocation of Lines and Facilities, and
11, Abandonment of Lines and Facilities, of this Agreement shall be in addition to any and all
other obligations and liabilities the District may have to the City at common law, by statute, or
by contract, and shall survive this Agreement's expiration for the use of the areas mentioned in
Section 1 herein, and any renewals or extensions thereof. All of the provisions, conditions,
regulations, and requirements contained in this Agreement shall further be binding upon the
successors and assigns of the District, and all privileges, as well as all obligations and liabilities
of the District shall inure to its successors and assigns equally as if they were specifically
mentioned wherever the District is named herein
15 City ojKent and Soos Creek
Water and Sewer Interlocal Agreement
36
SECTION 28. Severability If any section, sentence, clause, or phrase of this
Agreement should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Agreement In the event that any of the provisions of
this Agreement are held to be invalid by a court of competent jurisdiction, the City and the
District reserve the right to reconsider this Agreement and by mutual agreement may amend,
repeal, add, replace or modify any other provision, or either may rescind its execution of this
Agreement
SECTION 29. Effective Date This Agreement shall be effective on January 1,
2004
Approved by Motion of the City Council of the CITY OF KENT, Washington, at
its regular meeting held on the day of , 2003
Approved by Resolution No -C of the Board of Commissioners of SOOS
CREEK WATER AND SEWER DISTRICT of King County, Washington, adopted at its
regular meeting held on the day of 2003
CITY OF KENT SOOS CREEK WATER AND
SEWER DISTRICT
JIM WHITE,MAYOR PHILIP SULLIVAN, President of Board
CLEMENT QUANRUD, Secretary
16 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
37
ATTEST ATTEST
BRENDA JACOBER, City Clerk RON SPEER, District Manager
APPROVED AS TO FORM APPROVED AS TO FORM.
TOM BRUBAKER, CITY ATTORNEY MICHAEL HANIS, Attorney for District
17 City of Kent and Soos Creek
Water and Sewer Interlocal Agreement
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• Kent City Council Meeting
Date November 18, 2003
Category Consent Calendar
1 SUBJECT: BOEING AND MILL CREEK IMPROVEMENTS —ACCEPT AS
COMPLETE
2. SUMMARY STATEMENT: As recommended by the Public Works Committee,
authorization to accept the Boeing & Mill Creek Improvements Project as complete and
release retainage to SCI Infrastructure, LLC, upon standard releases from the state and
release of any liens. The original contract amount was $291,663.15. The final contract
amount was $336,232.28. Adequate funds exist within the project budget to cover this
overage.
3. EXHIBITS: Memo
• 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. 61
PUBLIC WORKS DEPARTMENT
Don E Wickstrom, P E Public Works Director
Phone 253-856-5500
Fax 253-856-6500
K E N T Address 220 Fourth Avenue S
W AS HiNGT3N
_ Kent,WA 98032-5895
DATE: November 3, 2003
TO: Mayor White and Kent City Council
FROM: Don Wickstrom, Public Works Director
THROUGH
SUBJECT: Boeing & Mill Creeks Restoration Improvements—Accept as Complete
MOTION: Recommend to full Council acceptance of the project as complete.
SUMMARY:
The Public Works Department is seeking Council acceptance of this subject project as complete
As we have historically done when a construction projects final contract amount exceeding 10%
of the original bid amount we seek the Public Works Committee's concurrence before bringing it
to full Council In this case the final contract amount is 15 28% or $44,569 13 over the awarded
contract amount of$291,663 15
BUDGET IMPACT There is No Unbudgeted Fiscal Impact associated there with
BACKGROUND: These projects involved removing certain obstructions in Boeing and Mill
Creeks, installing a new fire system water main to serve the Boeing property, and installing fish
habitat structures in Mill Creek
Original Contract Amount $291,663 15
Final Amount $336,232 28
Overage $ 44,569 13 (15 28%)
1 Major Bid Item Quantity Overrun
Excavation and Haul (Calculation error) S43,980
(Accounts for majority of 15%project overrunl
2 ChanQe Orders of Lesser Significance
Abandon Existing Catch Basin S 500
Overtime Premium for Saturday Work S600
Mayor White and Kent City Council Boeing&Mill Creeks Restorations
November 3,2003
1
Kent City Council Meeting
Date November 18, 2003
Category Consent Calendar
I. SUBJECT: 2003 TRAFFIC STRIPING PROJECT— ACCEPT AS COMPLETE
2. SUMMARY STATEMENT: As recommended by the Public Works Director,
authorization to accept the 2003 Traffic Striping project as complete and release
retainage to Stripe Rite, Inc., upon standard releases from the state and release of any
liens. The original contract amount was $39,400.00. The final contract amount was
$39,944.98.
3. EXHIBITS: None
• 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. 6J
• Kent City Council Meeting
Date November 18, 2003
Category Consent Calendar
1. SUBJECT: COPS HOMELAND SECURITY GRANT—ACCEPT AND AMEND
BUDGET
2 SUMMARY STATEMENT: Accept the COPS Homeland Security Overtime
Program grant award in the amount of$51,252 for the Kent Police Department, and
establish budget documents.
This grant will provide additional overtime for officers working in activities focused on
homeland security and violent and drug-related crimes. This grant will ensure that the
Kent Police officers assigned to the King County Intelligence Group and the King
County Violent Crimes Task Force can coordinate and respond promptly to
developments on major crime cases. The funding will also fund additional training
exercises and callouts for the Kent Police Civil Disturbance Unit and the Valley Special
Response Team.
. 3. EXHIBITS: Letter dated 10/7/03 from US Dept of Justice, Office of COPS
4. RECOMMENDED BY: Public Safety Committee 11/17/03
(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. 6K
POLICE DEPARTMENT
/ . Ed Crawford, Chief of Police
253-856-5888
Z RLNT Phone.
Fax 253-856-6802
Address 220 Fourth Avenue S
Kent,WA.98032-5895
DATE: November 18, 2003
TO: Kent City Council
CATEGORY: Consent Calendar
SUBJECT: Request acceptance of the COPS (Community Oriented Policing Service) Homeland
Security Overtime Program grant award in the amount of$51,242 00.
MOTION: I move to recommend accepting the COPS Homeland Security Overtime Program grant
award in the amount of$51,242.00 for the Kent Police Department, and to establish budget documents
as required.
SUMMARY: This grant will provide additional overtime for officers working in activities focused on
homeland security and violent and drug-related crimes. This grant will ensure that the Kent Police
officers assigned to the King County Intelligence Group and the King County Violent Crimes Task
Force can coordinate and respond promptly to developments on major crime cases. The funding will
also fund additional training exercises and callouts for the Kent Police Civil Disturbance Unit and the
Valley Special Response Team.
EXHIBITS: Letter dated 10/07/03 from U S. Department of Justice, Office of COPS
BUDGET IMPACT: This is a one year grant with a 25%match requirement The City's share of this
grant project will be $12,810.00. The grant dollars received will be $38,432 00. The total of City and
grant funding equals the total grant amount of$51,242 00. The FY2003 Federal Local Law
Enforcement Block Grant Program or police department projects funds are potential sources for the
City's match requirement.
RECOMMENDED BY: Public Safety Committee 11/17/03
BACKGROUND:
Kent City Council Subject COPS Homeland Security grant
Date November 18,2003
U.S.Department of Justice
Office of Community Oriented Policing Services(COPS)
RECEIVED ,&
I-IjE�c nGcirc
Office of the Director OCT 14 2003
1100 Vermont Avenue,NW
Washington,DC 10530
October 7,2003 IM POLICE DEPARTMENT
Chief Edward Crawford
Kent Police Department
220 4th Avenue South
Kent,WA 98032
RE COPS ORI#WA01707
COPS Grant#2003OMWX0081
Dear Chief Crawford
Congratulations I am pleased to inform you that the COPS Office has approved your agency's request for funding under
the COPS Homeland Security Overtime Program The official start date of your grant is 9/l/2003
Enclosed in this packet is your Grant Award,which you must sign and return to the COPS Office within 90 days to
officially accept your grant Failure to return the signed award document within the 90-day period could result in withdrawal of
the funding without further nonce from the COPS Office.
The Homeland Security Overtime Program award document provides the total amount of federal funds awarded to your
agency. On the reverse side of the Grant Award is a list of Conditions that apply to your grant. You should read and familiarize
le
yourself with these Conditions Also enclosed in this packet are any special conditions that apply to your grant. These must also
be signed and returned to the COPS Office in order to officially accept the grant You must comply with the requirements of any
special condition(s)before you will be able to draw down grant funds Also enclosed is your Homeland Security Overtime
Program Grant Owner's Manual,which summarizes and explains your COPS Homeland Security Overtime Program grant
You will also find materials enclosed relating to payment methods and procedures for receiving your grant funds You
should review the grant materials in your Grant Owner's Manual regarding the different methods of payment available to you
Once again,congratulations on your award Should you have any questions regarding your COPS Homeland Security
Overtime Program award,please do not hesitate to contact the COPS Office or your Grant Program Specialist at
1-800-421-6770.
Sincerely,
CaRDO
Carl R.Peed
Director
U. S.Department of Justice
Office of Community Oriented Policing Services(COPS)
COPS Homeland Security Overtime Program Award
Applicant Organization's Legal Name: Kent Police Department
Grant#. 2003OMWX0081
OR[# WA01707
Vendor# 916001254
Law Enforcement Executive: Chief Edward Crawford
Address 220 4th Avenue South
City,State,Zip Code Kent,WA 98032
Telephone (253)856-5800
Fax (253)856-6802
Government Executive: Mayor James White
Address 220 4th Avenue South
City,State,Zip Code Kent,WA 98032
Telephone (253)856-5700
Fax (253)856-6700
Award Start Date: 9/l/2003 Award End Date: 8/31/2004
Award Amount: $ 38,432 00
SEP 10 2003
Carl R Peed Date
Director
By signing this award,the signatory officials are agreeing to abide by the Conditions of Grant Award found on the reverse side
of this document:
Signature of Law Enforcement Official with the Typed Name and Title of Law Enforcement Date
Authority to Accept this Grant Award Official
Signature of Government Official with the Authority to Typed Name and Title of Government Official Date
Accept this Grant Award
Award ID. 77677
U. S. Department of Justice
Office of Community Oriented Policing Services(COPS)
Grants Administration Division
I100 Vermont Avenue,NW
Washington,DC20530
Memorandum
To: Edward Crawford,Chief
Kent Police Department
From: Robert A.Plullips,Assistant Director,Grants Administration
Scott McNichol,Point of Contact,Grants Division
Judy Jaynes, Staff Accountant,Finance Division
Re: COPS Homeland Security Overtime Program Financial Clearance Memo
A financial analysis of budgeted costs has been completed. Costs under this award appear reasonable,allowable,and consistent
with existing guidelines.
Vendor#: 916001254 OR[#: WA01707 Grant#: 20030MWX0081
Category Requested Disallowed Approved Disallowed Reasons/Comments
Social Security $2,951.00 $0.00 $2,951 00
Medicare $690.00 $0.00 $690 00
Worker's Compensation $0.00 $0 00 $0 00
Retirement $1,380.00 $1,380.00 $0 00
Unemployment $14300 $143.00 $000
------------------------------------------------------------------------------------ -•-------•------------------------------
Total Fringe Benefits $5,164.00 $1,523.00 $3,641 00
2 yr. officer $35.41/hr $0.00/hr $35.41/hr
3 yr-officer $38.45/hr $0.00/hr $38.45/hr
5 yr. officer $48.09/hr $0.00/hr $48.09/hr
---- ----- - --•----- --- ---- --• - --- - ------- ----
Average Rate $40.65/hr $0 00/hr $40.65/hr
-----------------------------------------------------------------------------------------------------------------------------
Subtotal OT Cost_(1s171 hr)__________________$47,601.00 $0.00 $47,601.00
- - - ----------------
Total Overtime $47,601.00 $0.00 $47,601.00
Grant Total $52,765.00 $1,523 00 $51,242.00
Grand Total: Federal Share(75%): $38,432.00
Applicant Share: $12,810.00
Budget cleared by Judy James on 09/03/2003
Overall Comments
The total project cost was reduced by$1,978 due to disallowed fringe benefits because of the failure to provide mandatory documents($1,523)and
due to rounding($455). No contact was made.
Memorandum of COPS Homeland Security Overtime Program (HSOP) Items Funded
Jurisdiction: Kent Police Department
ORI: WA01707
The following figures have been compiled by the COPS Office based on a review of your Homeland Security Overtime Program
application.
Overtime Job Categories Approved Disallowed
2 yr.officer $35.41 $0 00
3 yr officer $38.45 $0 00
5 yr.officer $48.09 $0 00
Total $47,601.00 $0 00
Annual Fringe Benefits Approved Disallowed
Social Security $2,951.00 $0 00
Medicare $690.00 $0 00
Worker's Compensation $0.00 $0 00
Retirement $0.00 $1,380 00
Unemployment $0.00 $143 00
Total $3,641.00 $1,523 00
Overtime Project Costs
Total Requested Project Cost: $52,765.00
Total Disallowed. $1,523.00
Percent Federal Share: 75
Total Federal Share. $38,432.00
Total Local Share- $12,810.00
Average Overtime Rate Per Hour: $40.65
Overtime Hours Requested: 1,171
The official award date of your Homeland Security Overture Program grant is 09/01/2003 You will be reimbursed for any approved
expenses incurred on or after 09/01/2003 under your Homeland Security Overtime Program grant Actual overtime rates per hour
and the number of overtime hours used during the grant period may vary based on your actual pay outs under the grant.
Please consult the Homeland Security Overtime Program Grant Owner's Manual for further details.
Kent City Council Meeting
Date November 18, 2003
Category Consent Calendar
1. SUBJECT: CONSOLIDATED FOOD SERVICES CONTRACT—AUTHORIZE
2. SUMMARY STATEMENT: Authorize renewal of the contract with Consolidated
Food Management for the period of 1/1/2004 through 12/31/2004, without going out to
contract bid.
Consolidated Food Management provides the food services for the City of Kent
Correctional Facility. Food preparation costs will remain at $0.645 per meal for the
contract renewal period.
3. EXHIBITS: Letter dated 10/23/03 from Consolidated Food Management; Memo
dated 11/7/03 from Chief Crawford to Mayor White; Certificate of Liability Insurance,
Insured: Consolidated Food Management; copy of professional Food Service
Management Agreement between City of Kent and Consolidated Food Management
dated 1/12/1990
4. RECOMMENDED BY: Public Safety Committee 11/17/03
(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. 6L
POLICE DEPARTMENT
Ed Crawford, Chief of Police
K z N T Phone-Fax 253-856-6802
W Af NINOr ON
Address, 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: November 18, 2003
TO: Kent City Council
CATEGORY: Consent Calendar
SUBJECT: Request for waiver from the City Procurement Policy 1.1.4 in regards to City of Kent
Corrections Facility(CKCF) contract renewal with Consolidated Food Management(CFM) (Waiver.
1.1.10).
MOTION: I move to authorize contract renewal with Consolidated Food Management for the period
from 01/01/04 through 12/31/04, without going out to contract bid.
SUMMARY: Consolidated Food Management provides the food services for the City of Kent
Correctional Facility. Food preparation costs will remain at $0.645 per meal for the contract renewal
period.
EXHIBITS: -Letter dated 10/23/03 from Consolidated Food Management
-Memo dated 11/07/03 from Chief Ed Crawford to Mayor Jim White
-Certificate of Liability Insurance, Insured. Consolidated Food Management
-Copy of Professional Food Service Management Agreement between City of Kent
and Consolidated Food Management dated January 12, 1990.
BUDGET IMPACT• None
RECOMMENDED BY: Public Safety Committee 11/17/03.
BACKGROUND: Pursuant to the contract renewal option, Section l 1 01, both parties (CKCF and
CFM)join in the request to extend the contract for an additional year
Kent City Council Subject CFM contract renewal
Date November 18,2003
POLICE DEPARTMENT
Ed Crawford, Chief of Police
Phone: 253-856-5888
KEN T Fax: 253-856-6802
Address: 220 4' Avenue 5
Kent, WA 98032
Memorandum
Date: November 7, 2003
To: Mayor Jim White
C`
From: Chief Ed d
Subject: Consolidated Food Management Contract Renewal
This memo is to request your authorization to continue with Consolidated Food Management
(CFM) as the food vendor for the City of Kent Corrections Facility(CKCF). Food preparation
costs will remain at $0.645 per meal
Under KCC 3.70.030, you are allowed to authorize this addendum without going out to
contract bid if it would not be cost effective to look for a new vendor. CFM has been a good
and responsible company under the current contract They have experienced staff and they
have a good reputation in the correctional facility food services. CFM also serves the City of
Kent at the Harrison House and the Senior Center Mill Creek Restaurant. To go outside for
new food services bids would be ineffective considering CFM has been a good and responsive
company, has considerable experience and has a good reputation in correctional facility food
services.
Please consider approving this request to continue with CFM.
206 232 206 232 1533 1533 Fax
wwwcfrn-inc corn
Consolidated 2448 76th 5 E
Food Management Suite
g Mee rcrc err Island,WA
INCORPORATED 98040-2744
October 23, 2003
Captain James Miller
Corrections Division
CITY OF KENT CORRECTIONAL FACILITY
1230 South Central
Kent, WA 98032-5895
Dear Captain Miller:
On December 31, 2003, our food service agreement with the City of Kent Correctional
Facility will expire. Consolidated Food Management, Inc. respectfully requests the
opportunity to continue our quality food service to the City of Kent Correctional Facility
for another year—December 31, 2004,pursuant to our Option of Renewal as outlined in
Section 11.01 of our agreement.
We greatly appreciate the cooperation and support you and the rest of the staff at the City
of Kent Correctional Facility have given us over the years, and sincerely hope that our
flexible and innovative service can carry on for years to come.
Very truly yours,
Ken Chow
Vice President, Institutional Services
KC/rc
i
11/07/2003 09:53 2062321533 CFMINC PAGE et
ACORD. NFO-1 08/13/03 CERTIFICAV- OF LIABILITY INSU NCBO OPIO 51 OAT:IMM'CO/YYI
IoOucER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
all-Conway-Jackson, Inc HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
,O Box 8010 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
ill Creek WA 98082-8010
'hone: 425-368-1200 Fax:425-368-1290 ` INSURERS AFFORDING COVERAGE
SURED _ l INSURER A- American Economy Insurance Ce
Consolidated Food Management INSURER
Services, Inc. -
ATTN: Frank Lowe INSURER
2448 76th Ave. S.S. rINSUREa0
Mercer Island WA 98040
WSURER E
OVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
TRH TYPE OF INSURANCE .--_ _ POLICY NUMBER _' DATE jMWDDYYj DATE(MWDWYI LIMITS
GENERAL LIABILITY I EACH OCCURRENCE _ _IS 1,000,O00
4 I_XI COMMERCIAL GENERAL UAfAI,ITY 02-CD-1525172 09/01/03 09/01/041 FIRE OAMAGE(AAYCCeMrcIIS 200,000
_..� CLAIMS MADE OCCUR �ED EXP lA^Y ax AMdI} 5,000
I PERSONALS ADV WJURY 's l—ODD OOO
GENERAL AGGREGATE S2,0D_0,000
'GERL AGGREGATE LIMIT APPLIES PER 'I PRODUCT$_COMPJOP AGG 'S 2,000,000
POLICY JEa LOC —
AUTOMOBILE LIABILITY
Q acc4cKeEOp NGLE LIMIT S 1,000,000
R X ANY AUTO 01-CG-2124982 i 09/01/03 09/10/04 _ _
r ALL OWNED AUTOS II BODILY INJURY
I i SCHEDULED AUTOS (Par P&e ) S
r ---
HIRED AUTOS BODILY INJURY
yI NON-OWNED AUTOS (Paf acGognt)
PROPERTYDAMAGE S
(P.,ewaaenr)
I GARAGE LIABILITY I AUTO ONLY•EA ACCIDENT S
ANY AUTO OTHER THAN FA ACC S
� AUTO ONLY AGO �S
EXCESS LIABILITY 1 1 EACH OCCURRENCE S
OCCUR u CLAIMS MADE i 1 AGGREGATE $ _
S
r
-
--' DEDUCTIBLE
I RETENTION S
WORKERS COMPENSATION AND TQRY UMRS j i R EMPLOYERS'LIABILITY
A 1 02-CD-'1525172 O9/Ol/03 09/O1/C4 EL EACH ACCIDENT_ s 1,ODD_,000
P L OISEASt cA EMPLOYE 3
I I EL DISEASE POLICY LIMIT I S
1 OTHER
f
DESCRIPTION OF OPERATION3n OCATION$NENICLESIEACLVSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Kent Corrections is an additional insured per CO 20 26 attached
CERTIFICATE HOLDER Y I ADDITIONAL INSURED,INSURER LETTER' _ CANCELLATION
X1:NTSRC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL -ZD—DAYS WRITTEN
NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT.BUT FAILURE TO 00 SO SMALL
Kent Corrections IMPOSE NO 06LIGATUM OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENT
1230 Central Ave South
Kent WA 98031 REPRESENTATIVES,
AUTHORLLED AEPRESEtaLLNE ,
Hall-Conwa -
ACORD 25S(7(97) CACORVIORPORATION 1969
PROFESSIONAL FOOD SERVICE MANAGEMENT AGREEMENT
This Agreement is made and entered into between CITY OF KENT, Washington,
(hereinafter referred to as the "CITY"), and CONSOLIDATED FOOD MANAGEMENT,
INC. , a Washington corporation licensed to do business in the State of
Washington (hereinafter referred to as "CFM") .
For mutual consideration, the City and CFM agree as follows:
Section 1. Authorization, Service Area
1.01 CFM shall manage and operate the food service program located within the
premises of the City's Corrections Facility.
1.02 The City shall provide the kitchen space, facilities, utilities and
equipment for the operation of the City's food service, which, however, shall
be under the control of CFM and shall be and remain the sole property of the
• City. "Kitchen" is defined to include all walk-ins, store roams, freezers,
applicable equipment within those areas, and secure sally port.
1.03 The City shall provide adequate office space, furniture, and a telephone
for local use. All long distance phone charges shall be paid by CFM.
Section 2. Service, Policies, Standards
2.01 CFM shall provide food service to inmates, staff and others as
designated by the City on the premises, an such days and at such times as the
City shall prescribe.
2.02 CFM shall not use the City's facilities for preparation of food that is
to be served in any location other than the City's.
2.03 CFM shall be responsible for the management and operation of the food
service on the premises, including but not limited to general supervision of
food service areas, recruiting, interviewing, training and direction of food
service employees, and the preparation and serving of food, confections and
beverages on the premises.
2.04 CFM shall be responsible for purchasing and paying for all food and
supplies necessary for complying with this Agreement.
2.05 CFM shall provide input to the City on operating policies for the food
service conducted by CFM. Policies shall be set by the City.
2.06 It is understood that the City reserves the right to periodically review
and inspect the food service program performed by CFM with respect to the
quality and quantity of food served and the sanitation of equipment and
facilities.
2.07 CFM shall maintain the highest ethical relationships with its customers,
employees, suppliers and competitors in the performance of this agreement.
Section 3. Cleaning, Maintenance, Utilities
3.01 CFM shall be responsible for the supervision of washing of dishes,
trays, pots, pans, and utensils, cleaning and sanitation of food equipment,
counters, serving lines, dishes, and day-to-day and periodic cleaning,
sanitation and housekeeping in the entire kitchen, office and storage areas.
I
3.02 The City shall be responsible for maintenance of major equipment, floor
drains, light fixtures, and other such building maintenance as may be
reasonably required by the City.
3.03 City shall be responsible for the extermination of rodents, vermin and
any and all other unsanitary conditions in the kitchen and storage area.
3.04 The City shall be responsible for disposal of all rubbish and garbage
resulting from food service operation. Each day CFM shall remove all trash to
the dumpsters designated by the City.
3.05 The City shall furnish and maintain at its expense all utilities,
including but not limited to electricity, water and local telephone service,
required to operate the food service. The City shall not permit any
interruptions in utility service except in an emergency, circumstances
- 2 -
. reasonably beyond the control of the City, for necessary repairs, or for
improvement of the service, and in such case the City agrees to notify CFM as
soon as reasonably possible of any interruption or proposed interruption in
utility service.
3.06 CFM shall , at its own expense, supply, maintain and replace all kitchen
small wares such as knives, spatulas, ladles, spoons, whips and related
cooking utensils, as well as stainless steel coffee pots, and hot cart
delivery systems. After the first year, the City shall be responsible for the
replacement, if it determines such is necessary, and shall own all supplies
and wares pursuant to Section 10.05 herein.
3.07 Employees of CFM will comply with all City rules of conduct to include
those relating to security and sanitation. The City may require CFM to
immediately remove any of CFM'S employees from the City's premises for any
reason deemed necessary by the City. Any and all such removals will be made
in the name of CFM, and CFM will assume any and all responsibility for the
removal .
3.OB CFM will not permit smoking within City of Kent Correction Facility, or
any unlawful practices of any kind on City premises by CFM's employees. Any
and all rules applicable to City Corrections staff shall apply equally to CFM
employees.
Section 4. Eauipment. Fixtures, Furniture, Expendables, Vehicles
4.01 The City shall provide and install at its expense the fixed equipment,
fixtures and related furniture (1) necessary to the efficient operation and
control of the food services to be performed by CFM as determined by the
City. The City shall maintain, repair and replace such equipment at its own
expense, except repairs or replacements caused by CFM's negligent or
intentional acts or omissions which shall be the sole responsibility of CFM.
4.02 CFM shall take all reasonable care in the use of the premises, equipment
and other items furnished by the City.
- 3 -
Section 5. Personnel
5.01 CFM agrees to staff its operation on the premises in the most efficient
manner possible consistent with CFM's and the City's requirements.
5.02 CFM shall assign one qualified person satisfactory to the City as floor
supervisor to monitor the service of the meals which will be served each day.
5.03 During the term of this Agreement and one year hereafter, neither CFM
nor the City shall hire each other's employees without prior written consent
from the other.
5.04 CFM shall assume and discharge full responsibility for:
(a) The general supervision and operation of the food services con-
ducted upon the City's premises; the hiring and training of personnel satis-
factory to the City; the purchasing, preparing and serving of food, food pro-
ducts, confections, edibles, and nonalcoholic beverages served upon the City's
premises, and the purchasing of the necessary operating supplies and services
needed upon the City's premises such as, but not limited to, paper goods,
cleaning supplies, and laundry services; and
(b) All administrative duties and expenses, including the keeping of
accounts, the paying of all compensation of, and Federal , State, and local
payroll taxes applicable to employees provided by CFM; reasonable wages and
benefits for CFM employees working on the City's premises; the paying of the
cost of food, food products, confections, edibles, and nonalcoholic beverages
delivered to the City's premises, upon the order of CFM; the paying of all
other direct operating costs and expenses, such as, but not limited to, paper
goods, cleaning supplies, laundry services, and insurance premiums; the paying
of all lawful taxes and license fees which may be imposed by Federal , State,
or local governing bodies in connection with the activities of CFM hereunder;
and the procuring of such licenses and permits as may be required to conduct
its business hereunder. The foregoing shall be paid for by CFM from the funds
received by it from the City pursuant to the specific terms of this Agreement.
- 4 -
Section 6 Equal Employment Opportunity/Affirmative Action
6.01 In performance of this Agreement, CFM agrees as follows:
(a) CFM will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, age, martial status, or the
presence of any physical , mental or sensory handicap. CFM will take
Affirmative Action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, color, religion,
sex, age, marital status, national origin, or presence of any physical , mental
or sensory handicap. Such action shall include, but not be limited, to the
following: employment, upgrading, demotion, or transfer, recruitment, or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. CFM
agrees to post in conspicuous places, available to employees and applicant for
employment, such notices concerning Equal Employment Opportunity as may be
required by Federal , State, or local law, rule or regulation.
(b) CFM will , in all solicitations or advertisements for employees
placed by or on behalf of CFM, state that all qualified applicants will
receive consideration for employment without regard to race, color, religion,
sex, age, national origin, marital status or presence of any physical , sensory
or mental handicap.
Section 7. Insurance, Indemnity, Safety
7.01 CFM shall maintain as a direct cost of operation the following insurance
coverage while performing services hereunder:
(a) Workmen's Compensation as required by law;
(b) General Liability (including Products and Automobile Liability)
with limits of $1,500,000 for injury or death to any one person, $1,500,000
for injury or death of two or more persons in any one occurrence. The City of
Kent will be named as additional insured and the policy will contain a
covenant giving the City thirty (30) days written notice before cancellation,
- 5 -
reduction or other modifications of coverage. Certificates of Insurance will
be delivered to the City prior to the effective date of contract execution.
All services and food provided by CFM shall be at CFM's sole risk. The City
and all elected officials, officers, agents and employees of the City shall
not be responsible in any manner for any loss, injury or damage that may
result from services or food provided by CFM in the performance of its work,
including injury, illness, disease, or death to any persons which might have
been prevented by CFM and its agents and employees.
7.02 CFM shall indemnify and hold harmless the City, its elected officials,
agents and employees from and against all suits, claims, damages, losses,
costs, and expenses including attorneys' fees, arising out of, relating to, or
resulting from this contract unless caused by the sole negligence of the City.
7.03 CFM agrees to notify the City promptly in writing of any death, serious
injury, or serious damage arising out of its operations on the City premises
and to comply at all times with the requirements and provisions of the
Occupational Safety and Health Act and related rules and regulations.
Section 8. Laws. Licenses and Taxes
8.01 CFM shall comply with all Federal , State, and local laws, regulations,
and requirements applicable to the services and operations provided herein and
applicable Federal and State wage and hour requirements.
8.02 CFM shall obtain any and all licenses or permits necessary for the food
service operation on the premises, as a direct cost of CFM and no additional
cost to the City.
8.03 Any and all applicable taxes will be collected and remitted by CFM at no
additional cost to the City.
8.04 The laws of the State of Washington shall control this Agreement. Any
dispute between the parties related to this Agreement shall be resolved by
King County Superior Court.
- 6 -
Section 9 Additional Services, Evaluation, Performance
9.01 The City has the right to request CFM to render additional food services
on the premises including but not limited to special functions, banquets,
parties, etc. , reasonably related to its services under this Agreement;
including modified diet meals when authorized in writing by the City at least
twenty-four (24) hours in advance of service. The menu, amount and cost of
such additional services shall be as mutually agreed in writing in advance by
the City and CFM.
9.02 CFM shall require that a member of its resident management staff on the
City's premises be available for food service meetings 'on a regular basis, as
determined by the City, as well as participate in mutually agreeable
activities, promotions and communications campaigns related to its food
service program.
9.03 CFM shall not be liable to perform this Agreement when performance is
directly prevented by any fire, flood or other casualty, act of God, or other
event beyond the control of CFM, but CFM shall exert its best efforts to
maintain service.
9.04 The City reserves the right to change any meal schedule and agrees to
give CFM at least twenty-four (24) hours advance notice of such changes,
except in an emergency, when as much advance notice as possible will be given.
Section 10. Financial and Accounting
10.01 CFM shall manage and operate the City's food service on a Fixed
Reimbursable Cost and Management basis, as follows:
10.02 To provide food service of three meals per day, seven days per week,
for a period of two years from January 1, 1990 to December 31 , 1991 for
inmates, staff, and others as designated by the City at the Kent Corrections
Facility, 1230 Central Avenue So. , Kent, Washington 96031, with CFM purchasing
all foods, supplies, paper products and cleaning supplies.
7 -
10.03 The City agrees to pay CFM within 30 days of the date of receipt and
approval of each month's invoice according to the schedule set forth herein.
10.04 COST PER MEAL 40 through 45 per day . . . . . . . . . . . $2.060
COST PER MEAL 46 through 50 per day . . . . . . . . . . . $1.883
COST PER MEAL 51 through 55 per day . . . . . . . . . . . $1.767
COST PER MEAL 56 through 60 per day . . . . . . . . . . . $1.672
COST PER MEAL 61 through 65 per day . . . . . . . . . . . $1.593
COST PER MEAL 66 through 70 per day . . . . . . . . . . . $1.525
COST PER MEAL 71 through 75 per day . . . . . . . . . . . $1.468
COST PER MEAL 76 through 80 per day . . . . . . . . . . . $1.417
COST PER MEAL 81 through 85 per day . . . . . . . . . . . $1.373
10.05 CFM shall purchase all food, equipment and supplies, which shall become
the sole property of the City upon completion of the first year of this
Agreement. Purchasing and accountability for all food and supplies shall be
the responsibility of CFM. A detailed Food Service Statement shall be
prepared by CFM for the City each month.
10.05 The City shall own all food service equipment, foods and supplies. CFM
shall be responsible for maintaining all operating food and supply inventories
and shall further be responsible for the custodianship of all food service
equipment and its proper use and and as may be more particularly set forth
herein.
10.06 All records of CFM bearing upon food service operations on the City's
premises shall be maintained by CFM. CFM shall keep accurate records and
accounts of all operating costs and income in connection with its operation of
the food service and this Agreement hereunder. The City shall have the right
to inspect, audit, and copy, at any time during business hours and at the
principal place of business of CFM, such books and records as pertain to this
Agreement. All such records shall be kept on file for two (2) years or such
other period of time as may be required by the City after the end of this
Agreement. The City shall have the right to conduct on-site reviews and
inspections of the food service operation.
- 8 -
10.07 CFM shall conduct its operations on the City's premises in the most
professional and efficient manner possible consistent with the City's
policies, facilities and good food service practices and in accordance with
applicable government regulations.
Section 11. Term, Renewal , Termination
11.01 This Agreement shall be effective for the term of twenty-four (24)
months beginning January 1, 1990, with an option for renewal if agreed to in
writing in advance by the city and CFM.
11.02 Either party may terminate this Agreement by giving the other party not
less than ninety (90) days advance written notice of intention to terminate at
any time during the term of this Agreement.
11.03 Upon termination of this Agreement, CFM shall vacate all parts of the
premises occupied by CFM in the same condition as made available to CFM,
reasonable wear and tear excepted.
Section 12. Notice
12.01 Any notice required hereunder shall be deemed to have been given if
delivered in writing personally to, or three business days after being sent by
registered or certified United States mail return receipt requested and
addressed as follows:
(a) The City: City of Kent
Attn: Kent City Clerk
220 - 4th Avenue South
Kent, WA 98032
(b) CFM: Consolidated Food Management
2448 - 76th S.E.
Mercer Island, WA 98040
is
- 9 -
Section 13. Independent Contractor, Entire Agreement
13.01 CFM, its employees, and agents, is an independent contractor and shall
not be, or be deemed for any purpose to be, an employee(s) or agent(s) of the
City.
13.02 CFM is a professional food service organization and under the terms of
this Agreement between the City and CFM, the City has exclusive control of all
policy, operational and service procedures over the food service program.
13.03 This Agreement, and the City's R.F.P. and CFM's Proposal , constitute
the entire Agreement of the parties and supersedes and cancels all previous
written or oral communications between the parties referring to the subject
matter of this Agreement. Should there be a conflict between this Agreement
and the R.F.P. or Proposal , this Agreement shall control .
13.04 All titles of sections hereunder shall have no legal force and effect.
In witness whereof, the parties hereto enter into and execute this
agreement this day of January, 1990.
CITY OF KENT CORRECTIONS FACILITY CONSOLIDATED FOOD MANAGEMENT, INC.
Signed: � Signed:
Print: Print: c
OITY OP KF_N7
Title: Title:
Date: Date:
V
5746L-6L
- IO -
• Kent City Council Meeting
Date November 18, 2003
Category Consent Calendar
1. SUBJECT: TARGET GRANT FOR DVD CAMERA— ACCEPT
2. SUMMARY STATEMENT: Accept the grant award from Target in the amount of
$1,375 to purchase audio/video equipment.
This grant will be used to purchase a dvd/vhs player, printer and digital camera.
3. EXHIBITS: Letter dated 8/8/03 from Target announcing grant award
• 4. RECOMMENDED BY: Public Safety Committee 11/17/03
(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. 6M
POLICE DEPARTMENT
Ed Crawford, Chief of Police
• Phone 253-856-5888
KENT Fax 253-856-6802
Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: November 18, 2003
TO: Kent City Council
CATEGORY: Consent Calendar
SUBJECT: Request acceptance of a grant award from Target in the amount of$1,375 00 to purchase
audio/video equipment.
MOTION: I move to recommend accepting the Target grant award in the amount of$1,375 00 for the
Kent Police Department, and to establish budget documents as required
SUMMARY: This grant will be used to purchase a dvd,'vhs player, printer and digital camera
EXHIBITS: Letter dated 8/08/03 from Target announcing grant award
BUDGET IMPACT: None.
i RECOMMENDED BY: Public Safety Committee 11/17/03
BACKGROUND:
Kent City Council Subject Target grant
Date November 18,2003
91 �
TARGET ������������' mervyns TARGETFOUNDATiON
August 8, 2003
r
Chief Ed Crawford
Kent Police Department
220 Fourth Avenue S.
Kent, WA 98032-5895
a ..
u.� ,this
aIthief Crawford
4y'
Target Corporation is pleased to Inform Kent Police Department that a grant has been approved
in the amount of $1,375 for support of a dvdlvhs player, printer and digital camcorder The
Target Corporation family of giving programs, comprised of Target, Marshall Field's and
' ervyn's, is proud to support nonprofit organizations such as yours that make our communities
" better dace to live and work
Target Corporation is committed to giving back to the communities in which we operate stores
This year, we will give over $2 million a week to nonprofit organizations nationwide
We would appreciate being identified as Target Stores in any announcements or recognition of
this grant We hope this grant will further the important work you do and wish you success in
your worthwhile efforts
Sincer
Sherry Ro ues
Grant dinator
Cam ity Relations
ir.
ncl. e�heck
charitable contribution receipt
Target Corporation Family of Giving Programs
1000 N,caler Mail,TPS-3C8o, M,nneapo'u, Nfinnesora 55403 •2230: Foorhill Boj,evara,MS n-90, Hayward,Cal,iornia 44541
Kent City Council Meeting
Date November 18, 2003
Category Consent Calendar
1. SUBJECT: KING COUNTY PUBLIC HEALTH YOUTH CONFERENCE
GRANT— ACCEPT
2. SUMMARY STATEMENT: Accept the Public Health— Seattle & King County
mini-grant in the amount of S4,000 to support the 2003 Youth Conference sponsored by
the Kent Police Department, and to establish budget documents as required.
This mini-grant will be used to support this December's Youth Conference activities.
3. EXHIBITS: Exhibit I1 from Public Health— Seattle & King County
• 4. RECOMMENDED BY: Public Safety Committee I I/17/03
(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. 6N
POLICE DEPARTMENT
Ed Crawford, Chief of Police
253-856-588
7 nGNT PhFax 253-856-6802
Address 220 Fourth Avenue 5
Kent,WA 98032-5895
DATE: November 18, 2003
TO: Kent City Council
CATEGORY: Consent Calendar
SUBJECT: Request acceptance of a mini-grant from Public Health— Seattle & King County in the
amount of$4,000 00 to support the 2003 Youth Conference.
MOTION: I move to recommend accepting the Public Health—Seattle & King County mmi-grant in
the amount of$4,000 00 to support the 2003 Youth Conference sponsored by the Kent Police
Department, and to establish budget documents as required
SUMMARY: This mini-grant will be used to support this December's Youth Conference activities
EXHIBITS: Exhibit 11 from Public Health— Seattle & King County
BUDGET IMPACT None.
RECOMMENDED BY: Public Safety Committee 11/17/03
BACKGROUND: The Kent Police Department has received similar funding in the past from Public
Health— Seattle & King County for the annual youth conference
Kent City Council Subject Public Health—Seattle &KC mum-grant
Date November 18,2003
Exhibit It
Public Health -- Seattle & King County
Alcohol and Other Drug Prevention Program
Operating Budget
For Funding Period: November 1, 2003 to December 31,2003
Organization: KENT POLICE DEPARTMENT
11/1/03 to 12/31/03 Grant
Budget Category (Northwest High Intensity Total
Drug Trafficking Area NW
HIDTA Funds)
❑ Program#1 -Game of Life youth
conference $ 4,000 $ 4,000
Subtotal $ 4,000 $ 4,000
GRAND TOTAL 1 $ 4,0001 $ 4,000
D31539D, Kent Police Department Page 1 of 1
Kent City Council Meeting
Date November 18, 2003
Category Consent Calendar
1. SUBJECT: KING COUNTY YOUTH CONFERENCE GRANT - ACCEPT
2. SUMMARY STATEMENT: Accept the King County mini-grant in the amount of
$1,200 to support the 2003 Youth Conference sponsored by the Kent Police
Department, and to establish budget documents as required.
This mini-grant will be used to support this December's Youth Conference activities.
3. EXHIBITS: Letter dated 9/19/03 from King County Community Services Division
4. RECOMMENDED BY: Public Safetv Committee 11/17/03
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: S
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
• ACTION:
Council Agenda
Item No 60
POLICE DEPARTMENT
Ed Crawford, Chief of Police
253-856-5888,KENT Phone
253-856-6802
Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: November 18, 2003
TO: Kent City Council
CATEGORY: Consent Calendar
SUBJECT: Request acceptance of a mini-grant from King County in the amount of$1,200 00 to
support the 2003 Youth Conference
MOTION: I move to recommend accepting the King County mini-grant in the amount of$1,200.00 to
support the 2003 Youth Conference sponsored by the Kent Police Department, and to establish budget
documents as required
SUMMARY: This mini-grant will be used to support this December's Youth Conference activities
EXHIBITS: Letter dated 9/19/03 from King County Community Services Division
BUDGET IMPACT None
I
RECOMMENDED BY: Public Safety Committee I I/17/03
BACKGROUND: The Kent Police Department has received similar funding in the past from King
County for the annual youth conference.
Kent City Council Subject King Co rruni-grant
Date November 18,2003
rr t��1
lei:
King County
Community Services Division
Community Organizing Program '
Department of t
Community and Human Services •
Exchange Building t
a21 Second Avenue,Swte 500
Seattle,WA 98104
(206)296-5250
(206)296-0229 rAX
(206)296-5242 MI MD ,
September 19,2003
Kent Police Department
"Game of Life"
Stacy Judd
220 4 s Ave S
Kent,WA 98032
Dear Stacy Judd
We are pleased to announce our acceptance of your request for a min-grant in the amount of$1200.00.
We see that you plan to promote a Youth Wellness Conference We understand that your project will
address low neighborhood attachment and favorable attitudes toward violence and drug use We are
pleased to see that you will document increased youth driven prevention activities by using pre and post
surveys and evaluations of follow-up projects We hope your program is a success Please subirlit one
invoice(see attached)with all receipts to us within one month of the activity's completion You may
expect payment within four to six weeks of your submittal Also enclosed is an evaluation form and a W-9
form for your project We ask that you fill these out and submit them with your invoices and measurement
tools
Please feel free to contact your Community Orgam7er, Cher-I Hanson, if you have anv,ustloric
at(206) 296-5250
Good luck with your project We look forward to hearing how it goes l
Sincerely
I
Lair E Edwards, Project Coordinator
King County Community Organizing Program
LEE/ag
Cc Cheryl Hanson, King County Community Orgaruzer
• Kent City Council Meeting
Date November 18, 2003
Category Consent Calendar
1. SUBJECT: OCCUPATIONAL HEALTH SERVICES (OHS) CONTRACT
EXTENSION—APPROVE
2. SUMMARY STATEMENT: Approve the "Addendum Five and Extension to
Contract for Services" with Occupational Health Services for the period from
January 1, 2004 through June 30, 2004.
OHS provides certain required medical services to the inmates of City of Kent
Corrections Facility.
3. EXHIBITS: Copy of"Addendum Five & Extension to Contract for Services" and
copy of OHS "Exhibit A, Fee Schedule"
• 4. RECOMMENDED BY: Public Safety Committee 11/17/03
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: S
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6P
POLICE DEPARTMENT
Ed Crawford, Chief of Police
Phone 253-856-5888
KENT Fax- 253-856-6802
Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: November 18, 2003
TO: Kent City Council
CATEGORY: Consent Calendar
SUBJECT: Request for approval of sixth month extension to contract for services with Occupational
Health Services (OHS).
MOTION: I move to approve the "Addendum Five and Extension to Contract for Services" with
Occupational Health Services for the period from January 1, 2004 through June 30, 2004
SUMMARY: OHS provides certain required medical services to the inmates of CKCF
EXHIBITS: Copy of "Addendum Five and Extension to Contract for Services"
Copy of OHS "Exhibit A, Fee Schedule"
BUDGET IMPACT: None
RECOMMENDED BY: Public Safety Committee I I/17/03
BACKGROUND:
Kent City Council Subject CFM contract renewal
Date November 18,2003
ADDENDUM FIVE AND EXTENSION TO CONTRACT FOR SERVICES
THIS ADDENDUM FIVE AND EXTENSION TO CONTRACT FOR SERVICES,entered into
as of this day of , 2003, by the City of Kent, a Washington
municipal corporation (hereinafter"City'), and the Public Hospital District No. 1 of King County, a
Washington municipal corporation d/b/a Valley Medical Center Occupational Health Services,
(hereinafter "Contractor").
WITNESSETH
WHEREAS, the City is required to provide certain medical services to the inmates of the
Kent Correctional Facility, and
WHEREAS,the City desires to engage the Contractorto render said medical services to the
inmates of the Kent Correctional Facilityfor an additional period,
NOW THEREFORE, the parties do mutuallyagree as follows.
1. The Contract for Services, entered into between the parties on or about December
13, 1999,which was extended by previous addendums until December 31,2003,shall be extended
for an additional six-month term, commencing January 1, 2004, and ending June 30, 2004.
2. Notwithstanding the time period set forth in section 1 of this Addendum Five and
Extension,the parties agree that this Addendum Five and Extension may be terminated atan earlier
date in the event that the parties agree to the terms ofa new agreement for services
3. Contractor shall not increase the fee schedule for the period of this Addendum Five
and Extension.
4. The remainderof the original Contract for Services and the subsequentAddendums
One through Four shall remain in full force and effect, except to the extent that the terms of said
Contract for Services or prior addendums conflicts with this Addendum Five and Extension
IN WITNESS WHEREOF, the parties hereto have caused this Addendum Five and
Extension to be executed the day and year first above written.
CITY: CONTRACTOR
City of Kent Public Hospital District No. 1 of King County
d/b/a Valley Medical Center
Occupational Health Services
By: By.
Print Name: Jim White Print Name:
Its: Mayor Its:
ADDENDUM FIVE AND EXTENSION TO CONTRACT FOR SERVICES- 1 of 3
City of Ken1/VMC-OHS - 11/7/03
C\Dowu u and ScttmgsUThompson\Local Scttmgs\Terrponry Ima Fdcs\OLK44D\OccupatanHeahhSm-AddendmnFrv<doc
By.
Print Name Ed Crawford
Its: Chief of Police
ATTEST. ATTEST:
By By,
Brenda Jacober, City Clerk Print Name:
Title
APPROVED AS TO FORM: APPROVED AS TO FORM
By- By
Arthur"Pat' Fitzpatrick, Deputy City Attorney Print Name
Title-
P lQwlTILES1OpenFFles"4610c upatronHeallhSv -AddendumF m doo
ADDENDUM FIVE AND EXTENSION TO CONTRACT FOR SERVICES-2 of 3
City of Kent/VMC-OHS- 11/7/03
C\Documents and SenmgsVnDmpsonUL W Sttlmsffenwrwy Intcmet Files\OLK44D%OccupwwnHealthSv -AddenduuY�n doc
EXI—BIT A
BASIC PROGRAM COMPONENTS (continued) FEE
Lab&Health Appraisal Tests
Blood Draw $15.00 (off-site only)
CBC with Differential S12.00
Urine Collection S15.00 (off-site only)
Urinalysis S11.00
Throat Culture S26.95
RPR S10.00
Dilantin Level S30.00
Chem Panel-19 S20.00
VDRL S17.00
TB Skin Test S12.00
Culture Specimen,Bacteria S18.00
Gram's Stain, Smear(Stain&Interpretation) S9.00
Pregnan in cy Test,Untie S11.00
Chlamvdia S13.50
Tnchomonas S8.00
All other¢eneral medical related tests Usual and customary rates
ADDITIONAL PROGRAM ELEMENTS FEE
Supplies&Medication Stocking No additional charge for inventory
monitoring. Actual goods billed at
OHS' cost.
Delivery of Medication
Daily Delivery of Prescription Medication (Monday-Friday) No additional charge
Weekend and Emergency Deliveries Arranged at a negotiated rate
Occupational and Employee Health Services
On-the-Job Injury Triage System No additional charge
On-site Employee health Services To be priced at competitive rates but
Flu Shots provided on-site for convenience
iTB Skin Test
Hepatitis B, Series of Three Injections (includes vaccine)
Hepatitis B,Injection only
Hepatitis B Titer
Hepatitis B Vaccine -Booster
Drug Screen, Collection and Lab Processing
Drug Screen, Collection Only
Medical Review Officer Services
Breath Alcohol Test
Breath Alcohol Test-Confirmation
OPTIONAL SERVICES I FEE
Transportation No additional charge for coordination
responsibilities
Services Not in Jail Health Service Guidelines
On-site Physician Services S150/hour
X-Ray Usual and customary rates
Urgent Care Services(available Monday-Friday,6.00am-6 00pm, OHS fee schedule(based on the Dept.
at OHS Renton,and 6.00am-6.00pm at OHS Auburn) of Labor and Industries fee schedule)
Emergency Services at VMC's Emergency Department Usual and customary rates
Psychiatric Services i Usual and customary rates
CONTRACT FOR SERVICES-November,2001
CITY OF 1ZNT/VMC-OH5
EXHIBIT A
FEE SCHED ULE
BASIC PROGRAM COMPONENTS FEE
Clinical Staff and Services
Registered Nurse&Physician Assistant January 1,2002-December 31,2002
Malpractice Insurance S277,358
Trained chnicians for back-up/coverage
Medical Director Oversight
On-site services 84 hours/week(mcludmg a minimum of
20 hours/week of sick call)
Injury and illness treatment services
14-day Health Appraisal Exam services(see Iab fees below)
Administration of vaccinations&TB tests
Basic dental services, i.e.tooth blocking&pam relief
Triage System
Medicanon Administration
24 hour Telephone Consultation Services Included in annual rate
Access to clinical staff 24 bours/day, 7 days/week
Telephone Consultation Guidelines
Policies/Procedures& Clinical Guidelines Included in annual rate
Operational Policies&Procedures
Clinical Protocols.Practice Parameters. &Tnase Guidelines
Dental Services Usual and customan,rates
Appointment Coordination Included in annual rate
Ongoing Medical Records Management Included in annual rate
Initial Photocopying of Records One time fee at usual and customary
rates
Insurance Billing Included in annual rate
Program Set-Up,Management& Medical Oversight Included in annual rate
Program Set-up
Recruiting,Hums, Credentialing Staff
Tramin;
Scheduling
Medical Records System
Operational Maintenance
Access to Medical Director and Clinic Director
Regular business hours
Quarterly Meeting Attendance
Ongoing Personnel Management
Problem-Solving
Identifying Service Gaps
Medical Oversight
Access to Medical Oversight
24 bours/day, 7 days/week
Quarterly Meeting Attendance
Quality Assurance
Quality Improvement
Scope of Practice Monitoring
Referral Monitoring
CONTRACT FOR SERVICES-November,2001
CITY OF 10ENT/VMC-OHS
Kent City Council Meeting
Date November 18, 2003
Category Consent Calendar
1. SUBJECT: REAPPOINTMENT TO KENT ARTS COMMISSION — CONFIRM
2. SUMMARY STATEMENT: Confirmation of the Mayor's re-appointment of Jay
Thornton to continue serving as a member of the Kent Arts Commission. His new
appointment will continue until 10/31/2007.
3. EXHIBITS: Memo
4. RECOMMENDED BY: Mayor White
• (Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: S
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION.
Council Agenda
Item No. 6Q
KENT
WASHINGTON
MEMORANDUM
TO JUDY WOODS, CITY COUNCIL PRESIDENT
CITY COUNCILMEMBERS
FROM MAYOR JIM WHITE
DATE- NOVEMBER 9, 2003
SUBJECT RE-APPOINTMENT TO THE KENT ARTS COMMISSION
I have re-appointed Mr Jay Thornton to continue serving as a member of the Kent.Arts Commission
His new term will continue until 10/31/2007
I submit this for your confirmation
nation
i
i
• Kent City Council Meeting
Date November 18, 2003
Category Consent Calendar
1. SUBJECT: MATRICULA CONSULAR IDENTIFICATION RESOLUTION —
ADOPT
2. SUMMARY STATEMENT: Adoption of Resolution No acknowledging
and recognizing the Mexican Consular Identification Card as a valid form of
identification for City services and recommending that private agencies and institutions
within the City also accept the card when doing so will not conflict with state or federal
law.
3. EXHIBITS: Resolution and 11/12/2003, memorandum to the Public Safety
Committee
• 4. RECOMMENDED BY: Public Safety Committee
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: S
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
• ACTION:
Council Agenda
Item No. 6R
LAW DEPARTMENT
Tom Brubaker, City Attorney
Phone 253-356-5770
! Fax 253-856-6770
KE N T Address: 220 Fourth Avenue S
WASHIWGTON Kent,WA 98032-5895
DATE: November 12, 2003
TO: Public Safety Committee
FROM: Tammy Larson-White, Paraleg efffific
THROUGH: Mike Martin, Chief Administrati
Tom Brubaker, City Attorney
SUBJECT: Mexican Matricula Consular Recognition and Recommendation - Resolution
MOTION:
Recommend Council adopt the proposed Resolution acknowledging and recognizing
the Mexican Consular Identification Card as a valid form of identification for City
services and recommending that private agencies and institutions within the City also
accept the card when doing so will not conflict with state or federal law.
SUMMARY:
There are Mexican nationals residing in the Kent area that do not possess a form of identification
acknowledged by local public and private institutions. Many immigrants lack access to certain
services from public and private agencies and institutions because they do not possess a
recognized form of identification In a number of cities across the nation, Mexican Consulates and
Consulate Generals have begun to issue identification cards to Mexican nationals who have an
official birth certificate, a proper form of Mexican identification, and who have been residing in the
United States for at least six (6) months This identification card is known as a Matricula Consular
The Matricula Consular has been accepted by 74 United States banks, including four of the largest
banks in Washington State—US Bank, Bank of America, Wells Fargo, and Washington Mutual. In
addition, more than 800 police departments and 80 cities, including Seattle, Renton, Bellevue,
Yakima, and Tacoma, have acknowledged the Matricula Consular as a valid form of identification
for City services.
Each Washington city that has passed a resolution recognizing and accepting the Matricula
Consular, has reported only positive results Renton's police department wholeheartedly
supported acceptance and recognition of the card Its police officers felt that any identification
presented was better than no identification Bellevue's police department also supported
acceptance of the card as it felt that if a Mexican national knew the card was a recognized mode of
identification, he or she would be more apt to present it and to report a crime In addition, Bellevue
felt that the biggest benefit derived by passage of its resolution is that it helped to bUd a bond
between the City and its Mexican community. Yakima had similar results as Renton and Bellevue.
It too felt that passage of its resolution has helped its city to build upon its relationship with its
minority community, especially with its Mexican community. Seattle's and Tacoma's results since
passage of their resolutions mirrors those of Renton, Bellevue, and Tacoma. No city
acknowledged experiencing any negative consequences since passing their respective resolutions.
MEMORANDUM:
Public Safety Committee
November 12, 2003
Page: 2
If Kent were to pass the proposed resolution, it will allow City staff to acknowledge and accept the
Matricula Consular as a valid form of identification when the card is presented for identification
purposes, if to do so would not be contrary to federal or state law. The resolution allows the card
to be presented for identification purposes only. The card does not establish, nor does the
proposed resolution purport to establish, an individual's immigration status. The Matricula
Consular does not confer any rights upon the card holder that are afforded to those lawfully
residing within the United States. As an example, the card cannot be presented for employment
purposes. This is prohibited by federal law. In addition, the card cannot be accepted for
identification purposes in the purchase of alcohol or tobacco products as it is not listed within the
Revised Code of Washington (RCW 66.16.040) or the Washington Administrative Code (WAC 314-
10-050) as a valid form of identification for these purposes
Recognition and acceptance of the Matricula Consular will, however, allow Mexican nationals
access to City services that are currently afforded to all residents within the City of Kent,regardless
of their immigration status. Passage of the proposed resolution will assist our police officers in
their interactions with Mexican nationals. If the card were to be recognized and accepted in the
City, that act could improve the exchanges and limit the fear among Mexican nationals reporting a
crime to police. It may also allow women within Kent's Mexican community to feel as though they
can contact the police for assistance in reporting a domestic violence crime. Many crimes may go
unreported due to an immigrant's fear that she or he lacks proper identification to present to the
responding police officers. However, if the City were to pass the proposed resolution, it would let
the Mexican nationals in our City know that they can present the Matricula Consular to police
officers if identification is requested Recognition of the Matricula Consular is another way to
improve the quality of services provided by the City to its residents.
Another way acceptance of the card will increase access to City services is that the City's Human
Services Office will be able to accept the Matricula Consular as photo identification when
requested in exchange for needed assistance. Human Services has a housing program wherein it
provides assistance, through funding to Catholic Community Services, to homeless women and
children. This assistance is provided in the form of motel vouchers In cold weather, motel
vouchers are offered to homeless women and children In order to receive a motel voucher, the
receiver must possess photo identification In addition, in order to tender the motel voucher, the
motel also requires that photo identification be provided. By acceptance and recognition of the
Matricula Consular, additional women and children will be able to access these services
This resolution originally passed through the Operations Committee on September 16,2003, and
was set on the City Council's October 7, 2003 agenda. The resolution was pulled from the agenda
and Councilmember Peterson moved to send the matter to the Public Safety Committee for further
study regarding the potential impacts of the City recognizing the card.
BUDGET IMPACT:
None.
r n.r.orio.axuc wcnswmc.r.w�«.
RESOLUTION NO.
A RESOLUTION of the City Council of the City
of Kent, Washington, acknowledging and recognizing the
Mexican Consular Identification Card, or Matncula
Consular, as a valid form of identification for City services,
and recommending that private agencies and institutions
conducting business within the City also acknowledge and
recognize the Matricula Consular as a valid form of
identification, when doing so will not conflict with state or
federal law.
WHEREAS, there are many Mexican nationals residing in the Kent area
f %ho do not possess a form of identification acknowledged by local police and prnate
institutions; and
WHEREAS, many immigrants lack access to certain ser\ices from public
and prii ate agencies and institutions because they do not possess identification, and
WHEREAS, in a number of cities across the nation, Mexican Consulates
and Consulates General have begun to issue identification cards to Mexican nationals
who have an official birth certificate, a proper form of Mexican identification, and who
have been residing in the United States for at least six months, and
WHEREAS, use of the Mexican Consular identification cards will enable
more residents of Kent to use public services, and
WHEREAS, the Mexican Consular ID card, or Matricula Consular, has
been accepted by 74 United States banks, including four of the largest banks in
1 illexican Matricula Consular-
Recognition and Recommendation
Washington State—US Bank, Bank of America, Wells Fargo, and Washington Mutual;
and
WHEREAS, throughout the United States, more than 800 police
departments, 80 cities (including Seattle, Bellevue, Renton, Yakima, Tacoma, San
Francisco, Los Angeles, and San Antonio), and 14 states (including Califomia), haN e
acknowledged the Matricula Consular as a valid form of identification; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. — Cin, Recognition The Mexican Consular Identification
Card, or Matricula Consular, may be acknowledged, recognized, and accepted by staff in
City departments and agencies as a valid form of identification ,\hen presented by an
individual seeking city services.
SECTION 2. — Privale .4genci, Reconrnrendation The City Council �
recommends that private agencies and institutions conducting business v,ithin the City of
Kent also acknowledge, recognize, and accept the Mexican Consular Identification Card,
or Matricula Consular, as a valid form of identification.
SECTION 3. — E.rcfRuon. The Mexican Consular ID card, or Matricula
Consular, shall not be used as a valid form of identification if to do so would be contrary
to Federal, State, or local laws. For example, and not by way of limitation, the Matricula
Consular card is not suitable for identification purposes in the purchase of alcohol or
tobacco products as it is not listed within RCW 66.16 040 and WAC 314-10-050 as a
valid form of identification.
SECTION 4. - Severability. If any section, subsection, paraeraph,
sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for
2 Mexican Matricula Consular-
Recognition and Recommendation
any reason, such decision shall not affect the validity of the remaining portions of this
resolution.
SECTION S. - Effective Date. This resolution shall take effect and be in
force immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the City of
Kent, Washington, this day of November,2003.
CONCURRED in by the Mayor of the City of Kent this day of
November, 2003.
JIM WHITE, MAYOR
ATTEST:
I
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, VWaslungton, the day of
November, 2003.
BRENDA JACOBER, CITY CLERK
P C.ilRraoWi unMain<ulaCoroular RaoFn¢ainn doc
3 Mexican Alatricula Considar-
Recognition and Recommendation
• Kent City Council Meeting
Date November 18, 2003
Category Consent Calendar
l. SUBJECT: APPOINTMENT TO INDEPENDENT SALARY COMMISSION —
ACCEPT
2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of
Dr. Natalie E. Ellington to serve as a member of the Independent Salary Commission.
Dr. Ellington is a Kent resident and is employed as Vice President/Dean of Dominion
College. Before moving to Kent, she served as Assistant Dean/Enrollment Management
at Oral Roberts University.
I Dr. Ellington received her Bachelor of Arts in Public Relations from the University of
Southern California. She holds a Master of Business Administration and a Master of
Arts in Education from Oral Roberts University and attained her Doctorate in Higher
Education from Nova Southeastern University.
She currently teaches Life Skills to high school and college students. Additionally, she
developed the Life Choices seminar series to assist others in achieving their life goals
through the choices they make. Her primary focus is geared toward motivating,
encouraging, and inspiring people to shape their world by making excellent choices.
Dr. Ellington will replace Chris King, whose term expired. Her appointment will
become effective immediately and will continue until 10/31/2006.
3. EXHIBITS: Memo
4. RECOMMENDED BY: Mayor White
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURE REQUIRED: S
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6S
OFFICE OF THE MAYOR
Jim White, Mayor
Phone 253-856-5700
Fax 253-856-6700
Address 220 Fourth Avenue S
KEN T Kent,WA 98032-5895
W n S HI NGTON
MEMORANDUM
TO Judy Woods, Council President
City Council Members
FROM Jim White, Mayor
DATE November 12, 2003
RE Appointment to Independent Salary Commission
I have appointed Dr Natalie E Ellington to serve as a member of the Independent Salary
Commission Dr Ellington is a Kent resident and is employed as Vice President/Dean of
Dominion College Before moving to Kent, she served as Assistant Dean,'Enrollment
Management at Oral Roberts University
Dr Ellington received her Bachelor of Arts in Public Relations from the University of Southern
California She holds a Master of Business Administration and a Master of Arts to Education
from Oral Roberts University and attained her Doctorate in Higher Education from Nova
Southeastern University
She currently teaches Life Skills to high school and college students Additionally, she
developed the Life Choices seminar series to assist others in achieving their life goals through
the choices they make Her primary focus is geared toward motivating, encouraging, and
inspiring people to shape their world by making excellent choices
Dr Ellington will replace Chris King, whose term expired Her appointment will become
effective immediately and will continue until 10,131/2006
1 submit this for your confirmation
Jb
Kent City Council Meeting
Date November 18, 2003
Category Other Business
1. SUBJECT: 2003 ANNUAL COMPREHENSIVE PLAN LAND USE AND
ZONING MAP AMENDMENTS
2. SUMMARY STATEMENT: The Land Use & Planning Board held a public
hearing on October 27, 2003 and made recommendations on three applications for
amendments to the comprehensive plan land use and zoning maps for properties on the
East Hill of Kent. The Board recommended approval of the Cofield request for higher
density residential, and denial of the Lotto and City of Kent Parks Department requests
for changes from residential to commercial.
3. EXHIBITS: 11/12/03 Staff Memo; Maps; 10/28/03 Memo from Mayor White;
Minutes of 10/27/03 LU&PB hearing; 10/20/03 Staff Report; Applications; EIS
Addendum; and Environmental Review Report/Decision Document
4. RECOMMENDED BY: Land Use & Planning Board 7-0 Cofield; 6-0 Lotto; 5-1
Parks)
(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
to approve/deny/modify the Land Use & Planning Board's recommendation for the
Cofield, Lotto, and City of Kent Parks Department Plan Amendment applications, and
to direct the City Attorney to prepare the necessary ordinances.
DISCUSSION:
-� ACTION:
Council Agenda
Item No. 7A
OFFICE OF THE MAYOR
Jim White, Mayor
Phone-253-856-5700
KENT Fax 253-856-6700
W.S H I""O" Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE NOVEMBER 12, 2003
TO- COUNCIL PRESIDENT JUDY WOODS AND CITY COUNCIL MEMBERS
FROM CHARLENE ANDERSON,AICP, PLANNING MANAGER
THROUGH. MAYOR JIM WHITE
SUBJECT 2003 ANNUAL COMPREHENSIVE PLAN LAND USE AND ZONING MAP
AMENDMENTS
MOTION: To approve/deny/modify the Land Use& Planning Board's recommendations for:
1) Cofield #CPA-2003-4 (A)/#CPZ-2003-2,
2) Lotto#CPA-2003-4 (B) /#CPZ-2003-3, and
3) City of Kent Parks Department#CPA-2003-4 (C)/#CPZ-2003-4,
and to direct the City Attornev to prepare the necessary ordinances.
At your November 4th workshop, the City Council received from Mayor White the recommendations of
the Land Use and Planning Board regarding the Comprehensive Plan Land Use and Zoning Map
Amendments for 2003.
The City received a total of three (3) requests for Comprehensive Plan Land Use Map and corresponding
Zoning Map amendments (see attached maps) Details of the proposals are in Mayor White's October 28,
2003 memo that is included in the agenda packet
Staff will be available at the November 18, 2003 City Council meeting to discuss the Board's
recommendations and answer questions
S-\Permit\Plan\CompPlanAmdments\2003\2032620-3545-2003-0a-ccc2 doc
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OFFICE OF THE MAYOR
Jim White, Mayor
Phone 253-856- 700
400! Fax. 253-856-6700
Address. 220 Fourth Avenue S
K E N T Kent,WA 98032-5895
WASHINGTON
October 28, 2003
TO: COUNCIL PRESIDENT JUDY WOODS AND CITY COUNCIL MEMBERS
I RCPVI: IviAYOR Juv1 wriiTE
RE: PROPOSED 2003 COMPREHENSIVE PLAN AND ZONING MAP
AMENDMENTS 4CPA-2003-4(A-C)
It is my pleasure to forward to the City Council the recommendations of the Land Use and
Planning Board regarding the Comprehensive Plan and Zoning Amendments for 2003. These
recommendations are presented to you from the Land Use and Planning Board public hearing
held October 27,2003 as per RCW 35A 63.070, .071 and .072
The City received a total of three (3) requests for Comprehensive Plan Land Use Map and
corresponding Zoning Map changes (see attached maps) The three (3) proposed amendment
applications have been classified as Proposals A through C, and a brief description of each
request follows-
Proposal A - COFIELD
#CPA-2003-4(A)1#CPZ-2003-2 (KIVA#2032620)
#ENV-2003-31 (KIVA#2032637)
Change in Comprehensive Plan Land Use Map and Zoning Map for property located at
21907— 100T"Avenue Southeast
Applicant (Agent): Hans Korve, DMP, Inc.
Existing Designation Requested Change Staff Board
Recommendation Recommendation
Comprehensive SF-3 (Single-Family SF-6 (Single-Family CONDITIONAL CONDITIONAL
M Plan Map
Use 3 units/acre) 6 units/acre) APPROVAL APPROVAL
Ma
ZONING Districts SR-3 (Single-Family SR-6 (Single-Family CONDITIONAL CONDITIONAL
Map 3 63 units/acre) 6.05 units/acre APPROVAL APPROVAL
2003 Comprehensive Plan and Zoning Map Amendments
Page 2
PROPOSAL B — LOTTO
#CPA-2003-4(B)I#CPZ-2003-3 (KIVA#2032635)
#ENV-2003-32 (KIVA#2032634)
Change in Comprehensive Plan Land Use Map and Zoning Map for property located at
11644 Southeast 2401h Street
Applicant(Agent): Eric LaBrie, Barghausen Consulting Engineers
Existing Designation Requested Change Staff Board
Recommendation Recommendation
Comprehensive SF-6 (Single-Family NS (Neighborhood
Plan LAND USE 6 units/acre) Services) DENIAL DENIAL
Ma
ZONING Districts SR-6 (Single-Family NCC(Neighborhood
Map 6 05 units/acre) Convenience DENIAL DENIAL
Commercial
PROPOSAL C — CITY OF KENT PARKS DEPARTMENT
#CPA-2003-4(C)/#CPZ-2003-4 (KIVA#2032645)
#ENV-2003-33 (KIVA#2032646)
Change in Comprehensive Plan Land Use Map and Zoning Map for property located at
11525 Southeast 2401h Street
Applicant(Agent): Perry Brooks, City of Kent Parks Department
Existing Designation Requested Change Staff Board
Recommendation Recommendation
Comprehensive SF-6 (Single-Family NS (Neighborhood
Plan LAND USE 6 units/acre) Services) APPROVAL DENIAL
Ma
ZONING Districts SR-6 (Single-Family NCC (Neighborhood
Map SR- units/acre) Convenience APPROVAL DENIAL
Commercial
Staff will be available at the November 4, 2003 City Council workshop to discuss the Land Use
and Planning Board recommendations and answer questions.
S:1PermitlPlanlCompPlanAmdments1200312032620-3545-20034a-ccc doc
COMMUNITY DEVELOPMENT
Fred N Satterstrom, C. D Director
PLANNING SERVICES
• Charlene Anderson,AICP, Manager
K E N T Phone.253-856-5454
W A S H I N G T O N Fax: 253-856-6454
Address 220 Fourth Avenue S
Kent,WA 98032-5895
LAND USE & PLANNING BOARD MINUTES
PUBLIC HEARING
OCTOBER 27, 2003
The meeting of the Kent Land Use and Planning Board was called to order by Chair Ron Harmon
at 7 00 p.m. on Monday, October 27, 2003 in Chambers West of Kent City Hall
LUPB MEMBERS PRESENT: STAFF MEMBERS PRESENT:
Ron Harmon, Chair Charlene Anderson, AICP, Planning Manager
Nicole Fetcher,Vice Chair William Osborne, Planner
Steve Dowell Gary Gill, Public Works Engineer
Jon Johnson Kim Adams-Pratt, Asst City Attorney
David Malik Pamela Mottram, Administrative Secretary
Deborah Ranniger
Greg Worthing
APPROVAL OF MINUTES
Jon Johnson MOVED and David Malik SECONDED to approve the Minutes of August 25, 2003
Motion CARRIED
ADDED ITEMS
Chair Harmon stated that the nomination of officers would be heard at the November meeting of
the Land Use and Planning Board
COMMUNICATIONS
Planning Manager Charlene Anderson stated that Ron Harmon is signed up as a member of the
American Planning Association and will receive information from them that he can route to all Board
Members.
NOTICE OF UPCOMING MEETINGS
None
YEAR 2003 ANNUAL COMPREHENSIVE PLAN AMENDMENTS
Planner William Osborne reviewed the Standards of Review for amendments to the
Comprehensive Plan (KCC 12.02.050) and the standards and criteria for granting a request for
rezone (KCC 15.09 050 (c) )
#CPA-2003-4(A)ICPZ-2003-2 COFIELD AMENDMENT
Mr. Osborne stated that this amendment proposes an increase in residential density from three to
six units per acre for a parcel consisting of 2 11 acres and having 0 596 acres of developable area
after recording of tracts.
Mr. Osborne stated that the designated land use surrounding the subject site is Urban Residential,
4 to 12 units per acre to the East and North within King County with primarily Single Family
Residential 3 units per acre to the West and Single Family 6 units per acre to the South adjacent to
the site. Mr. Osborne stated that the Garrison Creek Park has a Community Facilities designation.
Mr. Osborne stated that the zoning is Residential 6 units per acre to the East and North within King
County with Single Family 3 units per acre to the Southwest and on the parcel to the west that was
part of the Cofield site prior to subdivision in 1999.
Mr Osborne stated that there is Single Family 6 units per acre zoning south of the subject site and
Single Family 4 5 units per acre further to the south Mr Osborne stated that aerial images from
the summer of 2002 show the adjacent single family residential developments of Kara Crest I in
Kent and Kara Crest II located in unincorporated Kin County The Kara Crest III development has
begun grading and filling in King County east of 1001 Avenue Southeast. Mr Osborne stated that
Garrison Creek runs north of the subject site.
Mr. Osborne referred to aerial photography to indicate an existing storm water facility as well as
children's play area on the subject site and indicated the .596 acre developable portion of the
subject site.
Mr Osborne stated that staff recommends approval of this proposal with the condition that storm
water and open space tracts be recorded with the subdivision of the subject site.
Mr. Osborne expressed staff's rationale for approval.
Chair Harmon questioned what type of mitigation would be required for road improvements along
1001h Avenue Southeast, as development occurs in that area
City Engineer Gary Gill stated that 1001h Street is a residential arterial collector street and the
section of street which has been fully improved adjacent to the Cofield property in Kara Crest is
similar to what one would see as additional properties develop.
Mr. Gill stated that each property owner or developer would be required to do their own frontage
improvements such as curbs, gutters and sidewalks as well as contribute to offslte improvements
such as shoulders or sidewalks
Mr. Gill cited the example of developers currently paying approximately $1500 per gross acre into
a sidewalk fund for the city to use in the construction of pedestrian walkways in areas where there
is high pedestrian use. Typically these protects are coordinated with the Kent School District
Mr Gill explained the process involved in providing sanitary sewer to the subject site He stated
that the road improvements which have already occurred in this area are a result of King County
and Kent working together
Chair Harmon declared the Public Hearing open.
Hans Korve, Planning Manager, DMP Engineering. 726 Auburn Way North, Auburn, WA
stated that this proposal requests a change from a two to a three lot plat on the last developable
piece of the Cofield property.
Mr. Korve stated that he believes his proposal is within the confines of the Transportation and
Housing elements of the Comprehensive Plan's intent. He voiced his belief that this proposal
would not add any environmental impacts to the area and as this project proceeds through the
subdivision process any site specific issues such as traffic and school impact fees will be
addressed.
Jon Johnson MOVED and David Malik SECONDED to close the Public Hearing. Motion Carried
Jon Johnson MOVED and David Malik SECONDED a motion to approve CPA-2003-4(A)1CPZ-
2003-2 Cofield Amendment as recommended by staff with the condition that approval is contingent
upon the completion and recording of storm water and open space tracts on the subject site with
the City of Kent Motion CARRIED Unanimously.
Deborah Ranniger recused herself from participating in the Lotto and Kent Parks Amendments
She then exited the building.
Land Use and Planning Board Minutes
October 27, 2003
Page 2 of 6
CPA-2003-4(B1CPZ-2003-3 LOTTO AMENDMENT
Mr. Osborne stated that the Lotto proposal seeks to change the Single Family 6 units per acre
designation to a (NS) Neighborhood Services land use and (NCC) Neighborhood Convenience
Commercial zoning for 5.92 acres of a 7.92 acre parcel located at the northeast corner of
Southeast 240'' and 1161" Avenue Southeast Mr. Osborne referred to aerial photography in
describing the location of the subject site
Mr. Osborne stated that a two-acre portion of the parcel at the northeast corner of 240'h and 116`h
already is designated (NS) Neighborhood Services The primary land use designations in the
vicinity of the subject site are (SF) Single Family 6 units per acre with 3 units per acre further to the
southwest of the subject site and (SF) Single Family 1 unit per acre further to the southeast.
Mr. Osborne stated zoning in the vicinity of the subject site maximizes the land use designations
previously described, and he referred to aerial photographs to indicate development patterns in the
area. Mr. Osborne showed examples of commercial development of varying sizes on East Hill
Mr. Osborne stated that staff recommends Dental of this proposal as there has been no change in
existing conditions since the DeMarco Annexation Comprehensive Plan Amendment and initial
zoning process in May 2002 He stated that traffic increases and access issues would be a
concern if the 7.92 acre site was developed for commercial use.
In response to Mr. Malik, Mr. Osborne stated that it is the staff's opinion that development of either
commercial retail or large lot commercial use of the entire 7,92 acre site would create significant
traffic impacts on the surrounding single family neighborhoods In citing from the Environmental
Review Document, Mr Osborne stated that daily trip generation is estimated to increase by 6,530
with an additional 397 pm peak hour trips based on a 33% pass-by rate
Chair Harmon declared the Public Hearing open
Eric LaBrie, Barghausen Consulting Engineers, 18215 72°d Ave S, Kent, WA voiced his
concern that the staff report placed emphasis on comparing the (NCC) zoned subject site (in terms
of development)to (CC) Community Commercial zoned sites
Mr. LaBrie stated that he disagreed with staffs report that traffic congestion would increase with
development of the subject site. Mr. LaBrie stated that he supports a testimony given by a
professional traffic engineer Dave Markley during the DeMarco Annexation that if the entire 7 92
acre site were to be zoned NCC, there would be no change in level of service at intersections
Mr. LaBrie stated that any development of the NCC site would provide frontage improvements
along 116d' Avenue such as curb, gutter and sidewalks to provide pedestrians with safe walking
areas. Mr. LaBrie refuted staffs report concerning access, privacy, aesthetic issues and
pedestrian scale.
Mr. LaBrie stated that he evaluated the DeMarco Annexation files and failed to see the basis for
the two acre limitation nor why the City would split zone an existing business, segregating three
buildings of an existing business into different zones and drawing a line through two of the existing
buildings thereby creating a legally existing nonconforming use.
Mr. LaBrie encouraged the Board to consider approving this request for a zoning change
designation to allow Mr Lotto to improve his property and make further development viable
Ted Nixon, 420 W. Harrison St, Suite 204, Kent, WA stated that he supports this zoning and
comprehensive plan amendment request. Mr Nixon stated that an earlier statement was made
whereas NCC and CC zones were considered to be incompatible. He stated that this was an
invalid comparison, as the design guidelines as indicated in NCC zoning are such that these zones
would be compatible
Land Use and Planning Board Minutes
October 27, 2003
Page 3 of 6
Mr Nixon stated that there is no lot size limitation in NCC zoning, although there is an arbitrary and
capricious thought to the contrary which prevails in the City. He stated that Kent's Comprehensive
Plan suggests that the community needs neighborhood centers.
Mr. Nixon asked that the following information be entered into the record
• Two staff recommendations during the DeMarco Annexation where staff favored zonin
those eight acres of the subject site to NCC.
• Staffs recommendation to add the approximately 4 5 acres for the Ranniger rezone
• Staff's recommendation for the two acres opposite the subject site for the Parks
Department's request for a rezone to NCC.
Mr. Nixon stated that the concept of NCC zoning is to reduce traffic problems in Kent, whereas
spreading shopping centers far from neighborhood centers impacts our roadways by requiring
people to travel away from their neighborhoods. He stated that the comp plan suggests that those
centers should be within a quarter mile of every residence.
Gina Martin, 23628 116th Avenue SE, Kent, WA stated that she speaks on behalf of over 120
households near or adjacent to the Lotto property and supports staffs recommendation to deny
this rezone.
Tom Bankord, 23702 116th Avenue SE, Kent, WA stated that he owns the property located due
north of the subject property He stated that his barn is located approximately six feet onto the
Lotto property He stated that any anticipated development would need to consider the barn as
eminent domain as the barn has been in place since 1935. He voiced his opposition to rezoning
the subject site.
Gary Gill clarified for David Malik that the SEPA report indicates that an additional 6,540 daily trips
and 670 peak hour trips would be generated, indicating that these figures were compiled based on
the current ITE Trip Generation manual. Mr Gill indicated that it is his belief that any development
on the proposed site would create traffic delays at the intersection of 240th and 11611, Mr Gil
stated that with any potential development in this area, City Engineering would require
improvements along the frontage and the intersections to minimize those impacts such as
providing turn lanes or deceleration lanes.
David Malik MOVED and Jon Johnson SECONDED to close the Public Hearing Motion Carried.
Mr. Dowell and Mr. Johnson spoke in favor of staff's recommendation to deny this application
Nicole Fincher MOVED and Jon Johnson SECONDED a motion to deny CPA-2003-4(B)/CPZ-
2003-3 Lotto Amendment as recommended by staff Motion Carried unanimously
CPA-2003-4(C)iCPZ-2003-4 KENT PARKS/REC/COMMUNITY SERVICES
Mr. Osborne stated that the Parks proposal seeks to redesignate a 1 82 acre parcel at the
southwest corner of 240th and 116th (SFR) Single Family Residential 6 units per acre to (NCC)
Neighborhood Convenience Commercial zoning and (NS) Neighborhood Services land use. He
stated that surrounding land use is primarily (SF) Single Family 6 units per acre with (NS)
Neighborhood Services land on the southeast and northeast corners of the intersection. Mr.
Osborne stated that there are (SF) Single Family 3 units per acre to the south and (MFR)
Multifamily Residential with varying densities to the west heading closer to 104th.
Mr. Osborne stated that the zoning designations for the area around the subject site are (SR)
Single Family 6 units per acre. He stated that (NCC) Neighborhood Convenience Commercial
zoning is located at the northeast and southeast corners, (SR) Single Family 3 units per acre to the
south and (MFR) Multifamily Residential zoning to the west.
Mr. Osborne stated that the northern exit from the retirement living facility is south of the subjeco
site. He stated that there is an existing single family residential unit on the site and a formerly
operating nursery on the other side of 116`h.
Land Use and Planning Board Minutes
October 27,2003
Page 4 of 6
Mr_ Osborne stated that staff is recommending approval based on the Standards of Review. He
addressed staff's rationale for approval.
In response to Mr Malik's concerns with buffering and noise Issues between the Senior Retirement
Facility, Mr Osborne stated that development review would consider those Impacts and be specific
as to what mitigations would be required He stated that there would be input from the neighbors
as well as from other citizens about the development
Perry Brooks, Kent Parks and Recreation Community Services, 220 4'h Ave S, Kent, WA
stated that the Parks Department concurs with staff's recommendation He stated that the NCC
zoning is consistent with the other corner parcels zoned NCC and would better connect the
neighborhoods to small scale commercial
Mr. Brooks concurred with Mr. Harmon that this site had previously been proposed for a skate
board park, stating that Parks has not abandoned the development of a park. He stated that the
Parks Department would pursue a conditional use permit and if denied the conditional use, would
sell the parcel at its highest and best use, potentially NCC, and purchase another piece of
property.
Mr. Brooks stated that Parks received a State grant for development of the skate board park with
conditions and timelines associated with development of the park He stated that if Parks were
denied through the conditional use process and waited until next year, the Parks Department
would not receive their State funding with which to proceed with the development of the park.
In response to Mr. Harmon's concern, Mr Brooks stated that a 20-foot vegetative buffer is typically
provided with any park development between any park use and the adjacent property owner. He
stated that the skate board facility would have a gated parking lot which would be closed at dusk
Ted Nixon, 420 W. Harrison St., Suite 204, Kent, WA stated that he is amazed that staff made a
recommendation for approval He stated that 100 feet away from the Lotto property circumstances
have changed substantially since the establishment of the current zoning district to warrant the
proposed rezone
Mr Nixon stated that the City is concerned with traffic mitigation over the two acres of developable
Lotto property He stated that the City is inconsistent in that they would deprive a long time Kent
businessman of his proceeds yet would not deprive the City of their proceeds.
After faulting Mr. Nixon for debating rather than responding to a question and for an inappropriate
remark, Chair Harmon asked Mr. Nixon to leave the meeting The meeting was recessed,
resuming upon Mr. Nixon's departure. Upon resuming the meeting, Chair Harmon acknowledged
Mr P'lixon's apology to the Board and citizens in attenaance at the meeting
Russell Hanscom, 24121 116" Ave. SE, Kent, WA 98030 stated that he is the executive director
at Arbor Village representing the business owners and the residents of Arbor Village Retirement
Center located next to the subject site.
Mr Hanscom voiced his concern that if the City were to approve an up-zone of this site for the
Parks Department after having possibly denied a previous owner that same up-zoning, this could
set a dangerous precedent for the City He stated that he concurs with Mr Nixon's assessment of
what he perceives as an inequity where the city would deny one land owner his two acre site
rezone yet approve a two acre site rezone for the City directly across the street
Mr. Hanscom voiced concern over traffic issues citing vehicles currently using the parking lot of the
Retirement Community as a cut-through passage to avoid the traffic light at the intersection.
Land Use and Planning Board Minutes
October 27,2003
Page 5 of 6
Mr Hanscom stated that in opposition to staff opinion, this proposal would introduce development
incompatible with neighboring residential uses and would conflict with the character of the
commercial development in the surrounding neighborhood He stated that any development on the
subject site would be located at eye level to the second and third floor of the senior housing facility
impacting approximately 96 residents. 60 to 70 of those residents are opposed to a skate board
park. Mr Hanscom stated he as well as the owners of Arbor Village are opposed to both a skate
board park and a rezone to NCC if that were to occur.
Nicole Fincher MOVED and Jon Johnson SECONDED to close the Public Hearing. Motion carried
Board Members Harmon, Dowell, Malik and Johnson expounded on why they are opposed to
staff's recommendation for approval of this amendment.
In response to Ms. Fincher, Mr. Osborne stated that staff conducted a research and found that an
application was submitted in 1994 for a rezone of the subject site to CC Mr. Osborne stated that
the applicant was told at that time that there would be significant impacts, a Determination of
Significance was issued and an EIS was required to move the proposal forward. He stated that the
applicant did not continue the process, but believes that a denial was not issued.
In response to Ms Fincher concerning what circumstances have changed that would justify a
rezone, Ms. Anderson stated that staffs analysis was based on what has happened with this
particular site since 1994 She stated that the difference with the property at the northeast corner
is that the change was made only recently, so staff had to ask what circumstances changed since
that recent change. Ms. Anderson stated that since the 1994 change, the parcels both at the
northeast and southeast corners of the intersection were designated NCC, in effect, changing
circumstances for this particular proposal that would not apply to the opposite proposal
Mr Harmon explained why he does not support this rezone, deeming it inequitable.
Jon Johnson MOVED and David Malik SECONDED a Motion to Deny CPA-2003-4(C)ICPZ-2003-4�
Kent Parks/Rec/Community Services Motion CARRIED 5 -1 with Greg Worthing Opposed
ADJOURNMENT
Chair Harmon adjourned the meeting at 9 00 p.m
Respectfully Submitted,
Charlene Anderson, AICP, Planning Manager
Secretary, Land Use and Planning Board
S 1PermitlPlanILUPEU003\Mmutes%102703min doc
Land Use and Planning Board Minutes
October 27,2003
Page 6 of 6
I
COMMUNITY DEVELOPMENT
Fred N Satterstrom,AICP, C D Director
PLANNING SERVICES
Charlene Anderson,AICP, Manager
Phone,253-856-5454
AA�' Fax: 253-856-6454
IY T V/I,5 H INGTGH Address- 220 Fourth Avenue S
Kent,WA 98032-5895
October 20, 2003
TO. RON HARMON, CHAIR AND MEMBERS OF THE LAND USE AND PLANNING
BOARD
FROM WILLIAM D. OSBORNE, LONG-RANGE PLANNER
RE: 2003 COMPREHENSIVE PLAN AND ZONING MAP AMENDMENTS
#CPA-2003-4(A-C)i #CPZ-2003-(2-4)
Land Use & Planning Board Public Hearing —October 27, 2003
INTRODUCTION
The city received three (3) applications this year for amendments to the Comprehensive Plan Land
Use Map and the Zoning Map Two (2) of the applications were submitted by private property
owners, and one (1) application was submitted by the City of Kent Parks Department Planning
Services staff facilitated a Land Use & Planning Board tour of the sites on September 22nd At the
Land Use & Planning Board workshop held October 131h, staff introduced each proposed
amendment to the Board for discussion and questions.
The three (3) proposed amendments have been classified as Proposals A through C. This staff
report includes a detailed analysis of the merits of each proposal, maps of each site and a staff
recommendation, based upon the following standards of review
STANDARDS OF REVIEW
S,oHinnq 12 n,) nrnV�u .,,-..4 -i c 05
nn nc ' �-
09 0(C') of the Kent City Coce outline the standards of review, which
must be used by staff and the City Council in analyzing proposed Comprehensive Plan Land Use
Map and Zoning District Map amendments Proposed amendments to the Comprehensive Plan
Land Use Map are to be examined based on the following criteria:
1 The amendment will not result in development that will adversely affect the public health,
safety, and general welfare, and
2. The amendment is based upon new information that was not available at the time of
adoption of the Comprehensive Plan, or that circumstances have changed since the
adoption of the Plan that warrant an amendment to the Plan; and
3. The amendment is consistent with other goals and policies of the Comprehensive Plan, and
that the amendment will maintain concurrency between the Land Use, Transportation, and
Capital Facilities Elements of the Plan.
Proposed amendments to the Zoning District Map are to be examined based on the following
criteria
1. The proposed rezone is consistent with the Comprehensive Plan; and
2 The proposed rezone and subsequent development of the site would be compatible with
development in the vicinity, and
3. The proposed rezone will not unduly burden the transportation system in the vicinity of the
property with significant adverse impacts which cannot be mitigated; and
4. Circumstances have changed substantially since the establishment of the current zoning
district to warrant the proposed rezone; and
5. The proposed rezone will not adversely affect the health, safety and general welfare of the
citizens of the City.
The staff review and recommendation for each of the proposals is presented separately.
Background information about the subject site and the intent of each proposal are provided,
followed by staff review. Staff review includes the citation of relevant Comprehensive Plan Goals
and Policies and comments on the relationship of each proposal to cited goals and policies,
organized into sections by Element The Standards of Review listed above for Comprehensive Plan
Land Use and Zoning amendments are then addressed for each proposal prior to the
recommendation
PROPOSAL A COFIELD
#CPA-2003-4(A)/#CPZ-2003-2 (KIVA#2032620)
#ENV-2003-31 (KIVA#2032637)
Change in Comprehensive Plan Land Use Map and Zoning Map for property located at
21907- 100'h Avenue Southeast
Applicant (Agent)* Hans Korve, DMP, Inc.
Existing Designation Proposed Change
Comprehensive Plan LAND SF-3 (Single-Family 3 SF-6 (Single-Family 6
USE Map units/acre) units/acre
ZONING Districts Map SR-3 (Single-Family 3.63 SR-6 (Single-Family 6.05
units/acre) units/acre)
Background: The 2.11 acre subject site consists of one (1) tax parcel and Is located along the
west side of 100"i Avenue Southeast, near a three-way intersection with Southeast 220'h Street.
This tax parcel Is Lot #2 of the two-lot Cofield Short Plat #SP-99-1 that was recorded under
#19991122900001. In the vicinity of the subject site, the west side of 1001h Ave. SE demarcates
Kent from Unincorporated King County. One (1) unrecorded tract located on the subject site is
divided by an access easement and contains existing stormwater detention ponds; another
unrecorded tract on the subject site has existing children's play equipment. In June, 2003 the
applicant filed an application for tentative subdivision of the subject site to create three (3) lots and
tracts for the stormwater detention ponds and open space area. Per the applicant, the tracts will be
created as a regional detention facility and an open space/play area according to conditions of the
Kara Crest plat that was approved through King County. A paved twenty-six (26) foot easement
allows access for the Cofields (Lot #1) to 100"' Ave. SE, and approximately bisects the subject site
into quarters.
Land Use and Planning Board Pubbc Heanng
October 27,2003
Page 2 of 19
The terrain of the subject site can be characterized as variably sloping, with steep westward slopes
from the 1001i' Ave SE right-of sway that flatten into a more gradual westward slope toward the
stormwater ponds. Generally, non-subject parcels abutting the southern and eastern boundaries of
the subject site are designated by the City of Kent as SF-6/SR-6, Single Family Residential, sSix
uUnits per aAcre, and by King County as UR4-12 (Urban Density Residential, Four-to-Twelve Units
per Acre) for land use and R-6-SO (Residential, Six Units per Acre) for zoning, respectively To the
north and west of the subject site, parcels are designated by the City of Kent as Single-Family
Residential, Three Units per Acre (SF-3) for land Use, and Single-Family Residential, Two Units per
Acre (SR-2) for zoning. A subdivision in 1999 provided for the creation of the subject site parcel,
separate from another "Cofield" parcel that is not included in this amendment proposal Staff
analysis of this proposal considers that the subject site is constrained to 0 596 acres of developable
area, with tracts dedicated and recorded for the remainder of the 2 11 acre parcel.
At the October 131h workshop, the Land Use & Planning Board asked staff to also consider SR-4 5
zoning. Because of the small developable area on the subject site, zoning the property SR-4.5
would allow no development beyond what is allowed under the existing SF-3/SR-3 designations.
Issues: Dedication and recording of tracts, which are currently in use by the Kara Crest subdivision
to the east.
RELEVANT COMPREHENSIVE PLAN GOALS & POLICIES
LAND USE ELEMENT
The Land Use Element of the Comprehensive Plan contains several goals and policies related to
environmentally sensitive critical areas and housing.
Overall (LU) Goal: Encourage a future growth and development pattern which implements
the community's vision, protects environmentally sensitive areas, and
enhances the quality of life of all of Kent residents.
Goal LU-2 Establish a land use pattern throughout the urban growth area that will
facilitate a multimodal transportation system and...provide efficient
public facilities. Ensure that overall densities in the urban growth area
are adequate to support a range of urban services.
Goal LU-8 The City of Kent adopts a 20-year housing target of 7,500 new dwelling
units within the existing city limits. Coordinate with King County
through an interlocal agreement on housing targets in the
unincorporated area within Kent's Potential Annexation Area.
Policy LU-8.3 Locate housing onnortunities within dose nrnzimit•, fo �••�^�^ ... .e�,.evrierrcny
shopping, transit, and human and community services.
Goal LU-9 Provide opportunities for a variety of housing types, options, and
densities throughout the city and the Potential Annexation Area.
Policy LU-9.4 Allow single-family housing on a variety of lot sizes, including 5,000
square foot lots. Locate smaller lot sizes within close proximity to the
urban center or activity centers.
Goal LU-10 Revise development regulations to encourage more single-family
development and more flexibility and innovation in terms of building
and site design.
Policy LU-10.1 Calculate the allowable density for single-family developments based
on the size of the overall development site, as opposed to individual lot
sizes.
Land Use and Plamnng Board Public Hearing
October 27,2003
Page 3 of 19
Policy LU-10.2 Allow clustering of housing units in subdivisions in order to maximize
potential build-out of single-family homes while preserving open spa
and environmentally sensitive areas. 0
Policy LU-10.3 Allow more flexibility in residential setbacks and parking, particularly
on small lots, to encourage infill development and innovative site
design.
Goal LU-18 Foster recognition of the significant role played by natural features and
systems in determining the overall environmental quality and livability
of the community.
Goal LU-20 Protect and enhance environmentally sensitive areas via the adoption
of City regulations and programs which encourage well-designed land
use patterns such as clustering and planned unit development. Use
such land use patterns to concentrate higher urban land use densities
and intensity of uses in specified areas in order to preserve natural
features such as large wetlands, streams, steep slopes, and forests.
Goal LU-23 Protect and enhance water resources for multiple benefits, including
recreation, fish and wildlife resources and habitat, flood protection,
water supply, and open space.
Policy LU-23.2 Protect wetlands not as isolated units, but as ecosystems, and essential
elements of watersheds. Base protection measures wetland functions
and values, and the effects of on-site and off-site activities.
Goal LU-25 Regulate development in environmentally critical areas such as steeo
slopes and landslide-prone areas to prevent harm, to protect public
health and safety, and to save the remaining sensitive areas in the City.
Staff Comment
The presence of on-site steep slope conditions will impact site development near the 1001" Avenue
Southeast frontage; however, given the location of two (2) stormwater retention ponds in the
western portion of the subject site, upsiope development is not anticipated to have significant
impact on Garrison Creek. Otherwise, the context of the area around the subject site includes
higher density residential zoning and recent development (six (6) units per acre). See also the
Transportation Element rnmmentani for furthcr .;gi gS;i,, of land use and transportation goals and
policies related to the anticipated impacts of the proposal. The subject site was recently (in 2000)
created by the Cofield Short Plat (SP-99-1), that includes a 2.25 acre parcel to the west of the site
that is designated SF-3/SR-3. Any potential for higher residential density on the subject site should
not infer that the 2.25 acre parcel to the west of the subject site created through the 1999 short plat
process has similar site conditions or potentials for redevelopment. Due to unrecorded tracts for
stormwater retention and open space, only 0.596 acres of the subject site are assumed
developable by the applicant In calculating maximum density under the proposed Land Use Map
designation, staff will consider only 0.596 acres available after recording of the aforementioned
tracts. This determination is made because the Kara Crest subdivision to the east benefits from the
use of the remainder of the land area for stormwater detention and open space.
HOUSING ELEMENT
The Housing Element of the Comprehensive Plan contains several goals and policies relating tt*
provision and distribution of affordable housing choices:
Land Use and Planning Board Public Hearing
October 27,2003
Page 4 of 19
Goal H-1 Promote healthy neighborhoods by providing a wide range of housing
options throughout the community that are accessible to community
and human services, employment opportunities, and transportation and
by being sensitive to the environmental impacts of development.
Goal H-2 Provide sufficient, diverse, and affordable housing for the existing and
projected population of Kent.
Policy H-2.1 Promote a wide range of housing to meet the needs of our diverse
population and ensure that this housing is available throughout the
community for people of all income levels and special needs.
Policy H-2.2 Provide a sufficient amount of land zoned for current and projected
residential needs, including, but not limited to, assisted housing,
housing for low-income households, single-family housing, small lot
sizes, townhouses, multifamily housing, manufactured housing, group
homes, and foster care facilities.
Goal H-4 Expand home ownership opportunities for all income groups via land
use regulations, financial strategies, and the removal of barriers to
lending.
Policy H-4.1 Revise zoning and development standards to facilitate small lot sizes,
manufactured housing on single-family lots, townhouses,
condominiums, clustering, and other options which increase the supply
of affordable home ownership opportunities.
Staff Comment
Generally positive in view of the Comprehensive Plan, new construction of homes provides housing
opportunities for different segments of the population. Purchasers of new housing typically vacate
older, less expensive housing to provide affordable housing opportunities for younger, smaller, and
less affluent households.
TRANSPORTATION ELEMENT
The Transportation Element of the Comprehensive Plan contains several goals and policies relating
to coordination of development and road improvements, and the relationship between land use and
the transportation system:
Policy TR-1.2 Coordinate new commercial and residential development in Kent with
transportation projects to improve affected roadways.
Policy TR-1.5 Ensure consistency between land use and transportation plans so that
land use and adjacent transportation facilities are compatible.
Policy TR-1.7 Promote land use patterns which support public transportation.
Policy TR-4.1 Maximize traffic flow and mobility on arterial roads, especially on
regional through routes, while protecting local neighborhood roads
from increased traffic volumes.
Policy TR-4.2 Provide a balance between protecting neighborhoods from increased
traffic and reducing accessibility for the City-wide road network.
Policy TR-4.3 Balance the dual goals of providing accessibility within the local street
system and protecting neighborhoods. Where overflow traffic from the
regional system significantly impacts neighborhoods, protect the
residential area.
Land Use and Plammng Board Public Hearing
October 27,2003
Page 5 of 19
Staff Comment
In accordance with the Growth Management Act ("GMA"), increasing residential density is desirable
where sufficient infrastructure capacity either exists or is planned to coincide with developme
Increasing residential density is also desirable where site conditions, neighborhood context, aRW
zoning regulations are supportive The site is not proximate to retail and employment activities for
non-motorized transportation, but facilities and improvements have been provided along the
frontage of 1001h Ave. SE by recent subdivision developments. The frontage of the subject site
includes a four-foot (4 ft.) lane — not marked, but suitable if not ideal for bicycle travel. The long-
term potential exists for a connection of the 228`h Street Corridor project through to 100`h Ave. SE,
north of the subject site.
APPLYING THE STANDARDS OF REVIEW
The amendment will not result in development that will adversely affect the public health,
safety, and general welfare. [KCC 12.02.050(1) & 15 09.050(C)(5)]
Staff Comment
The steep slope conditions on-site may have adverse impacts. The slope conditions may be
addressed during the review of a specific development application for the subject site. Otherwise,
adverse impacts are not anticipated as a result of this amendment proposal.
The amendment is based upon new information that was not available at the time of
adoption of the Comprehensive Plan, or that circumstances have changed since the adoption of the
Plan that warrant an amendment to the Plan. [KCC 12.02 050(2) & 15.09 050(C)(4)]
Staff Comment
As noted previously, the subject site was part of a previous subdivision application, per the current
zoning, and a pending application for tentative subdivision of the subject site to create three (3) lots,
and tracts for stormwater detention and open space, was filed in June 2003. An earlier subdivisio
in 1999 created the subject site as a single developable parcel located beyond the seventy-five foo
(75) buffer distance from the steep slope leading to Garrison Creek The neighboring King County
subdivision to the east, Kara Crest II, included conditions for off-site easements placed upon the
subject site. The applicant has indicated that the easements would be recorded as tracts upon
subdivision of the subject site, and recording the tracts would be a condition of any approval related
to development of the subject site.
The amendment is consistent with other goals and policies of the Comprehensive Plan, and
that the amendment will maintain concurrency between the Land Use, Transportation, and Capital
Facilities Elements of the Plan. [KCC 12.02 050(3) & 15.09 050(C)(1)]
Staff Comment
Recent voter approved initiatives have limited the ability of local governments to provide funding for
transportation improvement projects Initiative 776, approved in November 2002, if deemed
constitutional, will remove substantial funds from the City's transportation budget. Furthermore, the
City is in the process of updating its Comprehensive Plan and will be reviewing consistency
between the land use and transportation elements, in particular considering funding options. Until
that review is completed, consideration of individual amendments may be premature.
Mitigation of transportation impacts may include the completion of a comprehensive traffic impact
study to determine appropriate transportation improvements. Other appropriate mitigation
measures, such as contribution to regional corridor projects, may be required at the time of
development in accordance with the City's concurrency management ordinance.
The proposed rezone is consistent with the Comprehensive Plan. [KCC 15.09.050(C)(2)]
Land Use and Planang Board Public Hearing
October 27,2003
Page 6 of 19
Staff Comment
The proposal is generally consistent with the Comprehensive Plan, insofar as the increase of
residential density will likely occur at sufficient distance from existing sensitive areas buffers The
surrounding land uses and zoning designations for Kent properties having similar site conditions are
zoned at six (6) single-family detached dwelling units per acre.
The proposed rezone will not unduly burden the transportation system in the vicinity of the
property with significant adverse impacts which cannot be mitigated. (KCC 15 09.050(C)(3)]
Staff Comment
Neighboring properties along 100th Ave. SE are developing, and road improvements are being
made. The addition of three (3) detached dwelling units is unlikely to adversely impact the
transportation system in the vicinity of the subject site in a manner that cannot be mitigated.
Recommendation: Staff recommends CONDITIONAL APPROVAL of this request to designate
the one (1) subject parcel as proposed to Single-Family Residential, Six Units per Acre (SF-6) Land
Use and Single-Family Residential, 6 05 Units per Acre (SR-6) Zoning. Approval shall be
conditioned on the completion and recording of stormwater and open space tracts on the subject
site with the City of Kent.
PROPOSAL B LOTTO
#CPA-2003-4(B)/#CPZ-2003-3 (KIVA#2032635)
#ENV-2003.32 (KIVA#2032634)
Change in Comprehensive Plan Land Use Map and Zoning Map for property located at 11644
Southeast 2401h Street
Applicant (Agent): Eric LaBne, Barghausen Consulting Engineers
Existing Designation Proposed Change
Comprehensive Plan LAND SF-6 (Single-Family 6 NS (Neighborhood
USE Map unit/acre) Services
ZONING Districts Map SR-6 (Single-Family 6 05 NCC (Neighborhood
unit/acre) Convenience Commercial
The 7.92-acre subject site consists of one tax parcel located at the northeast corner of Southeast
240th Street and 1161h Avenue Southeast A two (2) acre square at the southwest corner of the
parcel was zoned Neighborhood Convenience Commercial (NCC) and the remainder of the parcel
ui7c Mnerl Cmnle� C.....,1.. .�__c,_� n-
. ,,,tj . „ y Residential, 6 va Units per Mcre (5R-6) in ,;une 2002 when the City
Council reviewed the Comprehensive Plan Land Use Map designation and established initial zoning
for the DeMarco Annexation area. The subject site is generally flat, rolling slightly downward
toward the eastern boundary before the slope increases off-site near the Middle Fork Garrison
Creek. In addition to a single-family detached dwelling unit, the subject site contains a number of
temporary and permanent structures associated with an existing commercial landscaping nursery
use. The street frontage of SE 240'h St. is currently constructed to existing street standards, while
the street frontage along 116`h Ave SE north of SE 2401h St. is not currently improved to its design
standards.
The subject site and parcels to the north, east, south, west and southeast generally are zoned SR-
6, although approximately 3 2 acres located directly south of the site at the southeast corner of the
intersection of SE 2401h St. and 116th Ave SE are zoned NCC. As noted above, the southwest
portion of the subject site parcel is currently zoned NCC. The subject site and parcels in the vicinity
are underdeveloped in regard to current land use and zoning designations
Land Use and Planning Board Public Hearing
October 27,2003
Page 7 of 19
Prior to annexation into the City of Kent in 2001, the Land Use and Zoning district designations for
the eight (8) acre parcel containing the subject site changed with the adopted Year 2000 King
County Comprehensive Plan Update (Map Amendment #19). The King County Land Use
designation changed from Urban Residential High to Commercial Outside of Centers, and the
Zoning designation changed from R-18 (18 dwelling units per acre) to Neighborhood Business.
These designations were adopted by King County for the purpose of recognizing the existing
commercial (nursery) use on-site (see King County Comprehensive Plan (December 2002),
Chapter 2 — Urban Land Use, page 2-14) The DeMarco Annexation comprehensive plan
amendment and initial zoning process considered several options that would have effectively
adopted equivalent Kent designations for the entire eight (8) acres. In summary, these options
were not recommended by the Land Use and Planning Board for adoption — and the City Council
adopted a reduced-area (2 acres) Neighborhood Convenience Commercial Zoning District at the
northeastern corner of SE 240"' St. & 116'"Ave. SE,
Issues: The conditions of the subject site and vicinity parcels were considered during the
DeMarco Annexation comprehensive plan amendment and initial zoning (AZ-2001-1) process and
the current split designations for the subject site were adopted by the Kent City Council in May 2002
after thorough consideration of public comment. Staff analysis from the DeMarco Annexation
Zoning Staff Report, issued on May 21, 2001, relating to the intersection bounding the subject site
of this amendment proposal reads:
"[D]esignating additional commercial parcels other than the existing commercial property at
the southeastern corner of this intersection [SE 240'h St & 116'" Ave SE] would create
additional land use pressure to further erode the residential character of this area, and could
jeopardize the policy for "corner store" retail. The surrounding neighborhood generally is
single family residential, including low densities of one or three dwelling units per acre to the
southeast and southwest of the annexation. A zoning designation of MRT-16 at the
northeastern corner would bolster the viability of the neighborhood business designation at
the southeastern corner, would promote additional homeownership opportunities, would
promote a land use pattern that supports public transportation, and also would create a
buffer from the impacts of the intersection on the lower density neighborhoods to the north
and east. It also encourages developing the three parcels designated MRT-16 as a unified
development proposal with better management of the sensitive areas on the sites."
Concern about expanding the amount of commercial area at the intersection of SE 240'" SL/116"'
Ave. SE was addressed by limiting the neighborhood commercial designation of the subject site to
two (2) acres.
RELEVANT COMPREHENSIVE PLAN GOALS & POLICIES
LAND v5E ELEMENT
The Land Use Element of the Comprehensive Plan contains goals and policies relating to
commercial development, activity centers, facilitating multi-modal transportation, protection of
wetlands, and consideration of home occupations. The Plan distinguishes between small
neighborhood service areas and larger activity center areas.
Overall (LU) Goal: Encourage a future growth and development pattern which implements
the community's vision, protects environmentally sensitive areas, and
enhances the quality of life of all of Kent residents.
Goal LU-2 Establish a land use pattern throughout the urban growth area that will
facilitate a mu/timodal transportation system and...provide efficient
public facilities. Ensure that overall densities in the urban growth area
are adequate to support a range of urban services.
Policy LU-2.2 Concentrate development in order to promote public transit.
Land Use and Planning Board Public Hearing
October 27, 2003
Page 8 of 19
Goal LU-6 Designate activity centers in portions of the city and in the annexation
area. Allow in these areas a mix of retail, office, and residential
development.
Policy LU-6.1 Locate activity centers in areas which currently contain concentrations
of commercial development with surrounding medium-density housing.
Intensify these areas to support transit and to curtail additional
sprawling development patterns.
Goal LU-7 Develop activity centers in such a way as to facilitate pedestrian,
bicycle, and public transportation.
Goal LU-12 Promote orderly and efficient commercial growth within the existing
commercial districts in order to maintain and strengthen existing
commercial districts, to minimize costs associated with extension of
facilities, and to allow businesses to benefit from their proximity to one
another.
Policy LU-12.2 Encourage large office building development and regionally-oriented
retail uses to locate in the City Center.
Goal LU-13 Determine the size, function, and mix of uses in the City's commercial
districts based on regional, community, and neighborhood needs.
Policy LU-13.5 Analyze the potential for development of "corner store", small scale,
neighborhood-oriented shops adjacent to selected rights-of-way in
higher-density neighborhoods. Use the conditional use permit or
another process to evaluate proposals on a case-by-case basis. Ensure
that projects are pedestrian-oriented and developed with minimum
parking provisions.
Policy LU-13.6 Ensure that commercial and mixed use developments adjacent to
existing single-family residential areas are compatible in height and
scale. Establish guidelines for design of edges where commercial and
mixed uses abut single-family use and medium- and low-density
residential.
Goal LU-21 Encourage well-designed, compact land use patterns to reduce
dependency on the automobile, and thereby improve air and water
quality and conserve energy resources. Establish mixed use
?f t ce, and .__id"ential areas io present convenient
opportunities for travel by transit, foot, and bicycle.
Policy LU-23.2 Protect wetlands not as isolated units, but as ecosystems, and essential
elements of watersheds. Base protection measures wetland functions
and values, and the effects of on-site and off-site activities.
Staff Comment
Kent City Code Section 15 02 010, Establishment and designation of districts, provides the
following purpose statement for the Neighborhood Convenience Commercial Zoning District (NCC).
"It is the purpose of the NCC district to provide small nodal areas for retail and personal
• service activities convenient to residential areas and to provide ready access to everyday
convenience goods for the residents of such neighborhoods. NCC districts shall be located
in areas designated for neighborhood services in the comprehensive plan "
Land Use and Planning Board Public Hearing
October 27,2003
Page 9 of 19
The proposal, particularly in regards to the scale of neighborhood-oriented commercial use, is not
consistent with the cited Land Use Element Goals and Policies The proposal is also in conflict with
Goal LU-12, which encourages 'orderly and efficient commercial growth ..in order to maintain and
strengthen existing commercial districts." Existing Neighborhood Convenience Commercial (NCC)
zoning districts in the vicinity of the subject site have not yet been developed since their
designation. Expanding the area of this zoning district at the northeastern corner of SE 2401h St. &
116`h Ave SE beyond the existing two (2) acre portion bypasses the initial step of developing
"corner store" commercial uses in an area designated for Neighborhood Services, and is therefore
in conflict with Policy LU-12.2 and Goal LU-13 regarding size and appropriate location of intensive
commercial use. Policy LU-13.6 focuses on the "design of edges" and "compatibility of height and
scale" where commercial uses and adjacent residential (whether single-family or multifamily) uses
meet. Aesthetic and privacy conflicts are anticipated with the height, bulk and scale of commercial
development, which is also discussed briefly in the Community Design Element section The
potential for the development of a mix of commercial uses appropriately located in proximity to
residential uses is desirable in the view of several Comprehensive Plan Goals and Policies
However, development of the subject site to large-lot commercial use would impact the quality of
life and value of adjacent residential property through a significant increase in land use intensity,
traffic and noise.
COMMUNITY DESIGN ELEMENT
The Community Design Element of the Comprehensive Plan contains several goals and policies
relating to the aesthetic impacts of commercial development, on- and off-site improvements,
circulation patterns, and vehicular and pedestrian access-
Goal CD-1 Establish street and circulation patterns that encourage walking,
bicycling, and transit use.
Goal CD-2 Incorporate amenities along neighborhood and commercial streets that
accommodate pedestrian, bicycle, and transit use.
Policy CD-2.7 In general, construct sidewalks on both sides of all new streets. In
industrial districts, sidewalks may not be appropriate, unless significant
pedestrian traffic is projected, the absence of a sidewalk poses a public
safety risk, or the streets are on existing or planned transit routes.
Goal CD-3 Establish site design standards that encourage pedestrian and bicycle
use. Consider equally during site design all modes of transportation
access, including pedestrian, bicycle, transit and automobile.
Policy CD-3.1 Establish design standards which ensure that commercial, inditstria;
residential, and public building sites provide convenient, direct access
for pedestrians and bicyclists.
Policy CD-3.2 Except where they are necessary to reduce noise or to create private
rear yards, discourage fences, walls, and other barriers which inhibit
pedestrian traffic, isolate neighborhoods, or separate neighborhoods
from main roads.
Policy CD-3.3 Encourage development to orient around new and existing transit stops
and to provide easy and direct pedestrian access to the transit stops.
Goal CD-4 Design new commercial projects for pedestrians, bicyclists, and transit
users, as well as for motorists.
Policy CD-4.4 Locate parking at the rear of buildings to help block the view of the
parking from the street and to enable more convenient access to the
Land Use and Planning Board Public Hearing
October 27,2003
Page 10 of 19
front of the buildings. Where it is not possible to provide parking
behind a building, parking may be located along the side.
Policy CD-5.1 Enhance sidewalk activity by reducing front-yard setback requirements
and encouraging developers to site retail uses facing and opening up
onto sidewalks and plazas. When this is not possible, encourage
building walls along sidewalks to contain windows or decorative wall
treatments in order to maintain the pedestrian's interest.
Goal CD-6 Provide scale, layout, and character of commercial development which
is complimentary to the surrounding neighborhood and
accommodating to pedestrians.
Policy CD-7.1 Work with the business community and neighborhood residents to
make aesthetic and functional improvements to commercial areas.
Improved image and appeal will increase sales potential and enhance
the character of the City.
Policy CD-15.1 Whenever possible, encourage a land use pattern wherein churches,
stores, services, parks,jobs, entertainment, transportation, and schools
are within walking distance of a person's place of residence.
Staff Comment
The proposal is likely to introduce development that is Incompatible in design (height, bulk, and
scale) and use intensity with neighboring residential uses, in conflict with Goal CD-6. These
aesthetic Impacts will likely be compounded by the treatment of vehicular access and parking
Neighborhood Convenience Commercial Zoning provides opportunities for development of an
'I integrated, walkable community of "corner store' commercial uses in close proximity to moderate
density residential use The existing two (2) acre NCC-zoned portion has reasonable vehicular
access (see testimony of City of Kent Public Works Director Don Wickstrom in Kent City Council
Meeting minutes, May 21, 2002, and electronic communication dated May 15, 2002 from City
Transportation Engineering Manager Steve Mullen to City Planning Manager Charlene Anderson
regarding access), yet is scaled to encourage pedestrian access to and from the existing residential
neighborhood
TRANSPORTATION ELEMENT
The Transportation Element of the Comprehensive Plan contains several goals and policies relating
to coordination of development and road improvements, and the relationship between commercial
land use and the transportation system.
roliry TK-1.1 !;,cote commercial, indusrrial, multifamily, and other uses that generate
high levels of traffic in designated activity centers around intersections
of principal or minor arterials or around freeway interchanges.
Policy TR-1.2 Coordinate new commercial and residential development in Kent with
transportation projects to improve affected roadways.
Policy TR-1.5 Ensure consistency between land use and transportation plans so that
land use and adjacent transportation facilities are compatible.
Policy TR-1.7 Promote land use patterns which support public transportation.
Policy TR-1.8 Create land uses in the downtown and commercial areas which better
support transit and reduce peak-hour trip generation.
Land Use and Planning Board Public Hearing
October 27,2003
Page 11 of 19
Policy TR-4.1 Maximize traffic flow and mobility on arterial roads, especially on
regional through routes, while protecting local neighborhood roads
from increased traffic volumes.
Policy TR-4.2 Provide a balance between protecting neighborhoods from increase
traffic and reducing accessibility for the City-wide road network.
Policy TR-4.3 Balance the dual goals of providing accessibility within the local street
system and protecting neighborhoods. Where overflow traffic from the
regional system significantly impacts neighborhoods, protect the
residential area.
Policy TR-4.9 Reduce the disruptive impacts of traffic related to major institutions,
activity centers, and employers via trip-reduction efforts, access/egress
controls, and provision of alternatives to SOV use.
Policy TR-7.2 Whenever practical, use incentives or regulations to encourage new
construction to promote pedestrian and bicycle movements to
pathways, transit services and arterials.
Staff Comment
The additional trip generation impacts from increasing the size of a commercial designation by
almost three hundred-percent (300%), from two (2) to nearly eight (8) acres could cause significant
deterioration of arterial level-of-service, as a large scale commercial development would likely
attract most of its market from outside the neighborhood via automobile trips. The vehicular access
issue, particularly noting the opportunities for the existing two (2) acre NCC-zoned corner portion, is
addressed above in the staff comments on Community Design
APPLYING THE STANDARDS OF REVIEW
The amendment will not result in development that will adversely affect the public health
safety, and general welfare [KCC 12 02.050(1) & 15 09 050(C)(5)]
Staff Comment
Designating the 5.92 acre subject portion of the parcel Neighborhood Services and Neighborhood
Convenience Commercial (NCC) would allow development that would significantly impact adjacent
residents, particularly in reducing the likelihood that the development would be neighborhood-
oriented. These potential impacts include increased traffic generation, access conflicts, reduction of
residential privacy, as well as land use (commercial development beyond the neighborhood scale
adjacent to residential use) and aesthetic (noise, light and glare) conflicts.
The amendment is based upon new information that was not available at the time of
adoption of the Comprehensive Plan, or that circumstances have changed since the adoption of the
Plan that warrant an amendment to the Plan. [KCC 12 02.050(2) & 15 09.050(C)(4)]
Staff Comment
The applicant asserts the inadequacy of the existing two-acre commercial designation for meeting
current standards for driveway spacing from signalized intersections on minor arterials and for
feasibly developing NCC uses The applicant also states the City Council did not take into account
locations of the existing structures and operations when it designated the two-acre commercial
area. Furthermore, the applicant asserts the July, 2003 adoption of Ordinance No. 3648 provides
new information and changed circumstances in that the ordinance amends land uses, development
standards, design techniques, signage and landscaping requirements in the NCC zoning district.
Staff finds no new information substantiating a change in conditions or circumstances since the
subject site was designated as Single-Family Residential, Six Units per Acre (SF-6 Land Use/SR-60
Zoning) per the DeMarco Annexation Zoning Ordinance (#3605), adopted in May 2002 Reference
Land Use and Plannutg Board Public Hearing
October 27,2003
Page 12 of 19
the staff comment under the Community Design Element, above Staff also argues that the
refinement of NCC zoning standards does not provide new information or changed circumstances
for establishing additional neighborhood commercial zones. Rather the standards continue to
reaffirm the goals and policies of the comprehensive plan related to neighborhood commercial
areas as small scale, pedestrian- and neighborhood-oriented areas
The amendment is consistent with other goals and policies of the Comprehensive Plan, and
that the amendment will maintain concurrency between the Land Use, Transportation, and Capital
Facilities Elements of the Plan [KCC 12 02 050(3) & 15 09 050(C)(1)]
Staff Comment
The subject site, as proposed, totaling 7 92 acres of commercially-designated property would not
encourage neighborhood-oriented "corner store" development, and would impose significant
unavoidable negative impacts likely to diminish the value of neighboring parcels as residential uses
The intensity of commercial development encouraged by the amendment would be more
appropriately located in activity centers or the city center, as noted in Policies LU-6.1 and LU-12.2
Recent voter approved initiatives have limited the ability of local governments to provide funding for
transportation improvement projects. Initiative 776, approved in November 2002, if deemed
constitutional, will remove substantial funds from the City's transportation budget. Furthermore, the
City is in the process of updating its Comprehensive Plan and will be reviewing consistency
between the land use and transportation elements, in particular considering funding options Until
that review is completed, consideration of individual amendments may be premature.
The proposed rezone is consistent with the Comprehensive Plan. [KCC 15.09 050(C)(2)]
Staff Comment
Rezoning the remaining subject portion of the 7 92 acre parcel to Neighborhood Convenience
Commercial (NCC) would allow development that would significantly impact adjacent residents
These potential impacts include increased traffic generation, access conflicts, reduction of
residential privacy, as well as land use and aesthetic (noise, light and glare) conflicts. The scope
and extent of these impacts, in consideration of maintaining quality residential neighborhoods, are
not consistent with the Comprehensive Plan.
The proposed rezone will not unduly burden the transportation system in the vicinity of the
property with significant adverse impacts which cannot be mitigated. [KCC 15.09 050(C)(3)]
Staff Comment
Given arterial traffic speeds and a lack of pedestrian facilities in the vicinity of the subject site, the
City would require sinnifira nt imnrn; montg fir ned—frnon travel o 4 klir, trans t
Y a r f"�`'�"••�� �... .11v puv,, , U011 k use upon
development of the site The applicant's claim that the existing two (2) acre corner portion
(currently zoned NCC) does not have sufficient frontage to locate 'convenient' driveway access for
commercial use does not agree with testimony from the City of Kent Public Works Department
given during the public hearing on DeMarco Annexation zoning in May 2002
Goal CD-3 calls for establishing " . site design standards that encourage pedestrian and bicycle
use Consider equally during site design all modes of transportation access, including pedestrian,
bicycle, transit and automobile " Neighborhood Services Land Use and Neighborhood
Convenience Commercial Zoning are intended to emphasize pedestrian-scaled commercial
development design, while accommodating the automobile. A 7 92 acre parcel entirely designated
for commercial development would encourage development at a scale similar to the regional
shopping center located at the southwest corner of Kent-Kangley Road & 132nd Avenue Southeast.
Recommendation: Staff recommends DENIAL of this request to redesignate the subject 5.92
acre portion of the parcel as proposed to Neighborhood Services (NS) Land Use and Neighborhood
Convenience Commercial (NCC) Zoning.
Land Use and Planning Board Public Hearing
October 27, 2003
Page 13 of 19
PROPOSAL C CITY OF KENT PARKS DEPARTMENT
#CPA-2003-4(C)/#CPZ-2003-4 (KIVA#2032645)
#ENV-2003-33 (KIVA#2032646)
Change in Comprehensive Plan Land Use Map and Zoning Map for property located at 11525
Southeast 240th Street
Applicant (Agent). Perry Brooks, City of Kent Parks Department
Existing Designation Proposed Change
Comprehensive Plan LAND SF-6 (Single-Family 6 NS (Neighborhood
USE Map units/acre) Services
ZONING Districts Map SR-6 (Single-Family 6.05 NCC (Neighborhood
units/acre) Convenience Commercial
The 1.82 acre subject site consisting of one tax parcel is located at the southwest corner of
Southeast 240'h Street and 116`h Avenue Southeast. The generally flat terrain of the parcel begins
rolling slightly to the west of the one (1) single family dwelling and shed structure located thereon.
The parcel Is zoned Single-Family Residential, 6 05 Units per Acre (SR-6), and is located north of a
retirement living facility served by 114`h Ave. SE The subject site is also proximate to NCC-zoned
property at the southeast and northeast corners of SE 2401h St/1161h Ave. SE, and the Site is south
and east of property zoned SR-6 Neither SE 240'h Street nor 116`h Avenue SE is currently
Improved to Its design standard
Issues: Expansion of commercial land use at the intersection of Southeast 240`h Street and 1161h
Avenue Southeast that could negatively impact residential character of the surround[rl
neighborhood is an Important concern Traffic Impacts also need to be addressed
RELEVANT COMPREHENSIVE PLAN GOALS & POLICIES
LAND USE ELEMENT
The Land Use Element of the Comprehensive Plan contains goals and policies relating to
commercial development, activity centers, facilitating multi-modal transportation, protection of
wetlands, and consideration of home occupations. Activity Centers are Intended to contain a mix of
land uses.
Overall (LU) Goal: Encourage a future growth and development pattern which implements
the community's vision, protects environmentally sensitive areas, and
enhances the quality of life of all of Kent residents.
Goal LU-2 Establish a land use pattern throughout the urban growth area that will
facilitate a multimodal transportation system and...provide efficient
public facilities. Ensure that overall densities in the urban growth area
are adequate to support a range of urban services.
Policy LU-2.2 Concentrate development in order to promote public transit.
Goal LU-6 Designate activity centers in portions of the city and in the annexation
area. Allow in these areas a mix of retail, office, and residential
development.
Policy LU-6.1 Locate activity centers in areas which currently contain concentrationis
of commercial development with surrounding medium-density housin
Land Use and Planning Board Public Hearing
October 27,2003
Page 14 of 19
Intensify these areas to support transit and to curtail additional
sprawling development patterns.
Goal LU-7 Develop activity centers in such a way as to facilitate pedestrian,
bicycle, and public transportation.
Goal LU-12 Promote orderly and efficient commercial growth within the existing
commercial districts in order to maintain and strengthen existing
commercial districts, to minimize costs associated with extension of
facilities, and to allow businesses to benefit from their proximity to one
another.
Policy LU-12.2 Encourage large office building development and regionally-oriented
retail uses to locate in the City Center.
Goal LU-13 Determine the size, function, and mix of uses in the City's commercial
districts based on regional, community, and neighborhood needs.
Policy LU-13.5 Analyze the potential for development of "corner store", small scale,
neighborhood-oriented shops adjacent to selected rights-of-way in
higher-density neighborhood. Use the conditional use permit or
another process to evaluate proposals on a case-by-case basis. Ensure
that projects are pedestrian-oriented and developed with minimum
parking provisions.
Policy LU-13.6 Ensure that commercial and mixed use developments adjacent to
existing single-family residential areas are compatible in height and
scale. Establish guidelines for design of edges where commercial and
mixed uses abut single-family use and medium- and low-density
residential.
Policy LU-23.2 Protect wetlands not as isolated units, but as ecosystems, and essential
elements of watersheds. Base protection measures wetland functions
and values, and the effects of on-site and off-site activities.
Staff Comment
Kent City Code Section 15.02 010, Establishment and designation of districts, provides the
following purpose statement for the Neighborhood Convenience Commercial Zoning District (NCC):
%t is the purpose of the NCC district to provide small nodal areas for retail and personal
service activities convenient to residential areas and to provide ready access to everyday
convenience goods for the residents of such neighborhoods. NCC districts shall be located
in areas designated for neighborhood services in the comprehensive plan "
The Comprehensive Plan Land Use Map envisions the character and intensities of land use and
guides future development. The proposal is generally consistent with the cited Land Use Element
Goals and Policies. The proposal could be interpreted to conflict with Goal LU-12, which
encourages "orderly and efficient commercial growth. in order to maintain and strengthen existing
commercial districts." Existing commercial districts in the vicinity, if taken to mean the entire
intersection of SE 240th St. & 116t' Ave. SE, have not yet been developed to their existing zoning.
Commercial use of the subject site would not necessarily be 'orderly and efficient" in view of
existing conditions. However, the designation of smaller districts of Neighborhood Convenience
Commercial Zoning (NCC) around a subject intersection would not be inconsistent with limiting the
scale of future commercial development at any particular corner. In view of future development,
designation of the subject site would in fact be "orderly and efficient." Policy LU-13.6 focuses on
the "design of edges" where commercial uses and adjacent residential (whether single-family or
Land Use and Planning Board Public Hearing
October 27, 2003
Page 15 of 19
multifamily) uses meet. Aesthetic and privacy conflicts are anticipated with the height, bulk and
scale of commercial development, which is also discussed briefly in the Community Design Element
section The potential for the development of a mix of commercial uses appropriately located in
proximity to residential uses is desirable in the view of several Comprehensive Plan Goals and
Policies.
COMMUNITY DESIGN ELEMENT
The Community Design Element of the Comprehensive Plan contains several goals and policies
relating to the aesthetic impacts of commercial development, on- and off-site improvements,
circulation patterns, and vehicular and pedestrian access:
Goal CD-1 Establish street and circulation patterns that encourage walking,
bicycling, and transit use.
Goal CD-2 Incorporate amenities along neighborhood and commercial streets that
accommodate pedestrian, bicycle, and transit use.
Policy CD-2.7 in general, construct sidewalks on both sides of all new streets. In
industrial districts, sidewalks may not be appropriate, unless significant
pedestrian traffic is projected, the absence of a sidewalk poses a public
safety risk, or the streets are on existing or planned transit routes.
Goal CD-3 Establish site design standards that encourage pedestrian and bicycle
use. Consider equally during site design all modes of transportation
access, including pedestrian, bicycle, transit and automobile.
Policy CD-3.1 Establish design standards which ensure that commercial, industrial,
residential, and public building sites provide convenient, direct access
for pedestrians and bicyclists.
Policy CD-3.2 Except where they are necessary to reduce noise or to create private
rear yards, discourage fences, walls, and other barriers which inhibit
pedestrian traffic, isolate neighborhoods, or separate neighborhoods
from main roads.
Policy CD-3.3 Encourage development to orient around new and existing transit stops
and to provide easy and direct pedestrian access to the transit stops.
Goal CD-4 Design new commercial projects for pedestrians, bicyclists, and transit
users, as well as for motorists.
Policy CD-4.4 Locate parking at the rear of buildings to help block the view of the
parking from the street and to enable more convenient access to the
front of the buildings. Where it is not possible to provide parking
behind a building, parking may be located along the side.
Policy CD-5.1 Enhance sidewalk activity by reducing front-yard setback requirements
and encouraging developers to site retail uses facing and opening up
onto sidewalks and plazas. When this is not possible, encourage
building walls along sidewalks to contain windows or decorative wall
treatments in order to maintain the pedestrian's interest.
Policy CD-5.6 Encourage sidewalk and retail activity around transit stations by
surrounding them with retail, office, and residential uses. Locate
parking areas one or two blocks away, with direct pedestrian access to
transit stations.
Land Use and Plammng Board Public Hearing
October 27, 2003
Page 16 of 19
Goal CD-6 Provide scale, layout, and character of commercial development which
is complimentary to the surrounding neighborhood and
accommodating to pedestrians.
SPolicy CD-7.1 Work with the business community and neighborhood residents to
make aesthetic and functional improvements to commercial areas.
improved image and appeal will increase sales potential and enhance
the character of the City.
Policy CD-14.2 Encourage the development of residences above businesses in
commercial districts. Provide incentives for buildings that contain
residences above commercial uses.
Policy CD-15.1 Whenever possible, encourage a land use pattern wherein churches,
stores, services, parks,jobs, entertainment, transportation, and schools
are within walking distance of a person's place of residence.
Staff Comment
Given the scale of the existing retirement living facility directly south of the subject site, and the size
of the subject site, the proposal is not likely to introduce development that is incompatible in design
(height, bulk, and scale) and intensity with neighboring residential uses, in conflict with Goal CD-6
Any aesthetic impacts will likely relate to the treatment of vehicular access and parking. The
probable use of hardscape screening (fencing) rather than natural landscaping would conflict with
the pedestrian connectivity of Policy CD-3.2, but could be addressed during development review
TRANSPORTATION ELEMENT
The Transportation Element of the Comprehensive Plan contains several goals and policies relating
to coordination of development and road improvements, and the relationship between commercial
land use and the transportation system
Policy TR-1.1 Locate commercial, industrial, multifamily, and other uses that generate
high levels of traffic in designated activity centers around intersections
of principal or minor arterials or around freeway interchanges.
Policy TR-1.2 Coordinate new commercial and residential development in Kent with
transportation projects to improve affected roadways.
Policy TR-1.5 Ensure consistency between land use and transportation plans so that
land use and adjacent transportation facilities are compatible.
Policy TR-1.7 Promote land use patterns which supoort public transportation.
Policy TR-1.8 Create land uses in the downtown and commercial areas which better
support transit and reduce peak-hour trip generation.
Policy TR-4.1 Maximize traffic flow and mobility on arterial roads, especially on
regional through routes, while protecting local neighborhood roads
from increased traffic volumes.
Policy TR-4.2 Provide a balance between protecting neighborhoods from increased
traffic and reducing accessibility for the City-wide road network.
Policy TR-4.3 Balance the dual goals of providing accessibility within the local street
system and protecting neighborhoods. Where overflow traffic from the
regional system significantly impacts neighborhoods, protect the
residential area.
Land Use and Planning Board Public Hearing
October 27,2003
Page 17 of 19
Policy TR-4.9 Reduce the disruptive impacts of traffic related to major institutions,
activity centers, and employers via trip-reduction efforts, access/egress
controls, and provision of alternatives to SOV use.
PolicyTR-7.2 Whenever practical, use incentives or regulations to encourage new*
construction to promote pedestrian and bicycle movements to
pathways, transit services and arterials.
Staff Comment
The improvement of 116 h Ave. SE to include sidewalks and facilities for bicycle travel is anticipated.
APPLYING THE STANDARDS OF REVIEW
The amendment will not result in development that will adversely affect the public health,
safety, and general welfare. [KCC 12.02 050(1) & 15 09.050(C)(5)]
Staff Comment
A 1 82 acre corner parcel designated for neighborhood commercial land use and zoning could
provide the opportunity for neighborhood shopping and dining without dependence upon the
automobile for accessing such activities The amendment would not result in development having
significant adverse impacts on the public health, safety, and general welfare.
The amendment is based upon new information that was not available at the time of
adoption of the Comprehensive Plan, or that circumstances have changed since the adoption of the
Plan that warrant an amendment to the Plan [KCC 12 02 050(2) & 15 09.050(C)(4)]
Staff Comment
The corners adjacent to the subject site have been designated for neighborhood commercial land
use and zoning.
The amendment is consistent with other goals and policies of the Comprehensive Plan, and
that the amendment will maintain concurrency between the Land Use, Transportation, and Capital
Facilities Elements of the Plan. [KCC 12.02.050(3) & 15.09 050(C)(1)]
Staff Comment
The eventual redevelopment of the subject site to Neighborhood Convenience Commercial (NCC)
zoning could provide synergistic benefits through increasing the mix of uses at the intersection of
SE 240t' St. & 11 W h Ave. SE. Several of the above listed goals and policies are supportive of
locatina commercial activity in close proximity to residential use Other goals and policies listed
above indicate that considerable weight should be given to the protection of adjacent residential
uses from negative impacts associated with intensive commercial development. NCC zoning is
intended to serve the purpose of these particular Comprehensive Plan Goals and Policies — to limit
the intensity and negative impacts of commercial development.
Recent voter approved initiatives have limited the ability of local governments to provide funding for
transportation lmnrniroment nroi'—fe Initiative 776 approved in Kin"embor 2009 if deemed
constitutional, will remove substantial funds from the City's transportation budget. Furthermore, the
City is in the process of updating its Comprehensive Plan and will be reviewing consistency
between the land use and transportation elements, in particular considering funding options. Until
that review is completed, consideration of individual amendments, may be premature
The proposed rezone is consistent with the Comprehensive Plan. [KCC 15 09 050(C)(2)]
Land Use and Planning Board Public Hearing
October 27, 2003
Page 18 of 19
Staff Comment
Rezoning the subject parcel to Neighborhood Convenience Commercial (NCC) would allow
commercial development that would respect the character and scale of adjacent residential and
institutional uses.
The proposed rezone will not unduly burden the transportation system in the vicinity of the
property with significant adverse impacts which cannot be mitigated. [KCC 15M0 050(C)(3)1
Staff Comment
Given arterial traffic speeds and a lack of pedestrian facilities in the vicinity of the subject site, the
City would require significant improvements for pedestrian travel and public transit use upon
development of the site. Goal CD-3 calls for establishing ". site design standards that encourage
pedestrian and bicycle use. Consider equally during site design all modes of transportation access,
including pedestrian, bicycle, transit and automobile." Neighborhood Services Land Use and
Neighborhood Convenience Commercial Zoning are intended to emphasize_ pedestrian-scaled
commercial development design, while accommodating the automobile. The subject site could be
developed to commercial use in a manner consistent with the proposed designations, as well as in
a character fitting the surrounding non-commercial uses
Recommendation: Staff recommends APPROVAL of this request to designate the subject parcel
as proposed to Neighborhood Services (NS) Land Use and Neightborhood Convenience
Commercial (NCC) Zoning.
If there are any questions prior to the hearing, please contact William Osborne at (253) 856-5437
WOlpm S IPermitlPlanlCompPlanAmdmentsl200312032620-cpa2003-4a-c-LUPBpubhrg102703 doc
Land Use and Planning Board Public Heanng
October 27, 2003
Page 19 of 19
Planning Services
220 4th Avenue South a Kent,WA 98032-5895
Permit Center(253)856-5302 FAX (253)856-6412
KENT ComprehencHve Plan a
M'AIMIOM
PLANNING SERVICES
Zoning Map Amendment Application
Comp Map Amendment Application Fee...$1500
Please riot in black ink only. w2one Map Amendment.r.$2250
p Public Notice Board...$100
' !a Y
Application #: c -� � � G�G ?L' < KIVA#: i is c l� (>�P
OFFICE USE ONLY it OFFICEUSEONLY
Application Name: East\Cofield Comp. Plan / Zoning Map Amendment
Address/Location: NW corner of SE 220th St. & 100th Ave. SEZone: SR-3
King County Parcel Number(s): 880240-01 31 Acres: 2. 11
'/. Section SE Section 7 Township 22 N Range 5 E
Applicant: (mandatory)
Name: Lakeridge Development, Inc. Da im ne. ( 206 ) 399-7400
Mailing Address: P.O. Box 1 46 ax um r: ( 425) 228-7232
City/State/Zip: Renton, WA 98057 Signature
Professional License No: Contact Person: a�ne Jones
Property Owner 1: (mandatory if different from applicant)
Name: Same as above Daytime Phone:
Mailing Address: Fax Number
City/State/Zip: Signature
Property Owner 2: (if more than two property owners attach additional info/signature sheets)
Name: N/A Daytime Phone.
Mailing Address: Fax Number:
City/State/Zip: Signature
The above signed property owners,certify that the above information is true and correct to the best of our knowledge and
under penalty of perjury, each state that we are all of the legal owners of the property described above and designate the
following party to act as our agent with respect to this application
Agent/Consultant/Attorney: (mandatory if primary contact is different from applicant)
Name: * Hans Korve , DMP, Inc. Daytime Phone ( 253 ) 333-2200
Mailing Address,- 726 Auburn Way North Fax Number ( 253) 333-2206
City/State/Zip: Auburn, WA 98057 License No.: nr-.-•r- . ,rr,.
r r s r s r s s e s r s r e • r s e e s e s r e s e s r s r s r s s s e s r s e s e s r s s s r o r s ri is r s ► s r s r s e s r
OFFICE USE ONLY: ❑ City-Initiated ❑ Privately Initiat�,d3
Date Application Received �� Received by, S 1drww C62ti'� LUUUU
TTY LJF
Date Application Complete Completeness Review by. PERMIT CENTER
COFIELD AMENDMENT IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIII
ENV-2003-311KIVA#2032637
CPA-20034(A)/CPZ-2003-2JKIVA 2032620 •psd4053* psd4053rcv6_2l_02 6/21102 p I or 2
(William Osborne, Planner)
i
APPLICATION FOR COMPREHENSIVE PLAN MAP /ZONING MAP AMENDMENT
Chapter 12.02 of the Kent City Code outlines procedures for amendments to the City of Kent Compre-
hensive Plan. Proposed amendments will be considered by the Land Use and Planning Board after a
public hearing, and their recommendation will be approved or denied by the City Council. Comprehen-
sive plan amendments can only be considered once each calendar year, and all proposed amend-
ments must be considered by staff,the Land Use and Planning Board, and the City Council concur-
rently in orderto assess their cumulative impact. The annual deadline for comprehensive plan amend-
ments is September 1st.
DESCRIPTION OF PROPOSAL: See attached
CURRENT REQUESTED
DESIGNATION DESIGNATION
LAND USE PLAN MAP: SF-3 SF-6
ZONING MAP: SR-3 SR-6
Reason/Rationale for proposed Comprehensive Plan/Zoning MapAmendment:
• See attached
•
psd4053rev6_2l_02 621/02 p 2 of 2
JFIELD AMENDMENT
ENV-2003-31/K1VA#2032637
CPA-20034(A)/CPZ-2003-2/KIVA 2032620
(William Osborne, Planner)
dip, �n�.
(FORMERLY DALEY ENGINEERING CO) MBE-DBE
ate♦
DALEY-MORROW-POBLETE,INC.
ENGINEERING-PLANNING-SURVEYING
726 Auburn Way North
Auburn,WA 98002
(253)333-2200
FAX (253)333-2206
RESPONSE TO DECISION CRITERIA
East Cofield
KCC 12 02.050
The planning department may recommend and the City Council may approve, approve
with modifications or deny amendments to the comprehensive plan text or map
designations based upon the following criteria. Our response to each of the applicable
criteria is as follows:
1 The amendment will not result in development that will adversely affect the public
health, safety and general welfare; and
The requested Comprehensive Plan and Zoning Map amendment will not
result in development that will adversely affect the public health, safety and
I or general welfare. Under the current zoning designation, the applicant is
allowed to develop two (2) single-family homes on the northeast portion of
the subject site. The resulting Comprehensive Plan and Zoning Map
amendment would increase that number to three (3) residential lots. With
the exception of the existing large lot residence to the west, all adjoining
property has been developed to a SR-6 density. The proposed
development of three additional residential properties along 100th Ave. SE
would be consistent with the adjoining development pattern and take
advantage of the existing public infrastructure without undo impacts to the
�'w� ....4+1'.. f�nili+i c
ewJSLlny l+v� JAU �uwna.e. .
2. The amendment is based upon new information that was not available at the time
of adoption of the comprehensive plan, or that circumstances have changed
since the adoption of the plan that warrant an amendment to the plan, and
At the time the subject property was designated as SF and SR-3, it was part
of a larger parcel owned by the Cofield family. The original property
contained a steep slope along its westerly edge. In 1999, the City approved
the Cofield Short Plat (SP-99-01), which segregated the existing Cofield
family home, associated out-buildings and steep slopes from the current
subject property. The remaining property is relatively flat and unrestricted.
RECEIVED
East Cofield Comp Plan/Rezone 98-282 A U G i 8 2003 1
CITY OF KENT
PERMIT rFhM7C
Given the condition of the original parcel, a Zoning and Comp Plan
designation of SF and SR-3 was appropriate to limit development adjacent
to the existing steep slope. With the segregation of the unencumbered
property adjacent to 1001h Ave. SE, the original concerns have been
eliminated. We believe that this change of circumstances justifies the
proposed re-designation and development. The proposed zoning would be
consistent with the remaining adjacent properties.
3 The amendment is consistent with other goals and policies of the comprehensive
plan, and that the amendment will maintain concurrency between the land use,
transportation, and capital facilities elements of the plan
The proposed amendment would be in keeping with the current goals and
policies of the Comprehensive pian by providing increased Housing
opportunities for the residents of the City of Kent and promoting infill
development where urban services are already available. Please refer to
the applicable Comprehensive Plan provisions listed below.
The purpose of single-family residential districts is to stabilize and
preserve single-family residential neighborhoods, as designated in the
Comprehensive Plan. The single-family zone in the City is also intended to
encourage a range of densities and lot sizes in order to promote diversity
and recognize a variety of residential environments. (KCC 5.03.010). The
proposed amendment would add one additional lot, thereby reducing the
proportionate cost of any required improvements to 1/3 and thus provide a
more affordable and diverse development for the end consumer.
Provisions of the City Comprehensive Plan which apply to the development
of additional housing opportunities are as follows:
• The City of Kent adopts a 20-year housing target of 7,500 new
dwelling units within the extended City limits . . .City of Kent
Comprehensive Plan, Land Use Goal LU— 8
• Locate housing opportunities within close proximity to employment,
shopping, transit and human and community services. City of Kent
Comprehensive Plan, Policy LU— 8.3
• Provide opportunities for a variety of housing types, options and
densities throughout the city and the Potential Annexation Area.
City of Kent Comprehensive Plan, Land Use Goal LU— 9
• Allow single-family housing on a variety of lot sizes, including 5,000
square foot lots. Locate smaller lot sizes within close proximity of
the urban activity centers. City of Kent Comprehensive Plan, Policy
LU— 9.4
• Promote healthy neighborhoods by providing a wide range of
housing options throughout he community that are accessible to the
East Cofield Comp Plan/Rezone 98-282 2
community and human services, employment opportunities, and
transportation and by being sensitive to the environmental impacts
of the development. City of Kent Comprehensive Plan, Land Use
Goal LU— N1
• Protect and enhance environmentally sensitive areas via adoption of
the City regulations and programs which encourage well-designed
land use patterns such as clustering and planned united
development. Use such land use patterns to concentrate higher
urban land use densities and intensity of uses in specified areas in
order to preserve natural features such as large wetlands, streams,
steep slopes and forests. City of Kent Comprehensive Plan, Goal LU
— 20
• Coordinate land use and transportation planning to meet the needs
of the City and the requirements of the Growth Management Act.
City of Kent Comprehensive Plan, Goal TR-1.1
• Ensure consistency between land use and transportation plans so
that land use and adjacent transportation facilities are compatible.
City of Kent Comprehensive Plan, Goal TR-1.5
In summary, we believe that the proposed modification to the existing Comprehensive Plan
and Zoning Map designations, to allow for the creation of an additional single-family lot, are
in compliance with the Kent Comprehensive Planning goals and policies which promote infill
development where transportation and other public services are currently available. This
type of infill development provides a more diverse and larger housing supply,
East CoBeld Comp Plan/Rezone 98-282 3
30FIELD AMENDMENT
ENV-2003-31/KIVA#2032637
CPA-2003-4(A)/CPZ-2003-2/KIVA 2032620
nn (William Osborne, Planner)
(
pT inc.
(FORMERLY DALEY ENGINEERING CO) MBE-DBE
DA LEY-MORROW-P O B L ETE,I N C.
ENGINEERING-PLANNING-SURVEYING
726 Auburn Way North
Auburn,WA 98002
(253)333-2200
FAX (253)333-2206
DECISION CRITERIA - REZONE REQUEST
East Cofield
The planning department may recommend and the City Council may approve, approve
with modifications or deny amendments to the zoning map designations based upon the
following criteria. Our response to the applicable criteria is as follows
1 How and why will the proposed rezone and subsequent development of the site
be compatible with the development In the vicinity?
Under the current zoning designation, the applicant is allowed to develop
two (2) single-family homes on the northeast portion of the subject site.
The requested Zoning Map amendment would increase that number to
three (3) residential lots of similar size and proportion to that of
neighboring parcels. The proposed development of three additional
residential properties along 100th Ave. SE would be consistent with the
adjoining development pattern. The plats of Kara and Kara Crest, located
east and south of the subject property are both developed under the SR-6 /
R-6 zoning regulations for the City of Kent and King County, respectively.
The King County Plat of Kara III, located southeast of the subject property
is also an R-6 development.
Rl Cc lv�LJ
A ' 6 2U002
CITY OF KENT
PERMIT CENTER
East Cofield Comp Plan/Rezone 98-282 ).
COFIELD AMENDMENT
ENV-2003-31/KIVA#2032637
CPA-2003-4(A)/CPZ-2003-2/KIVA 2032620
dini (William Osborne, Planner)
p, inc.
(FORMERLY DALEY ENGINEERING CO) MBE-DBE
DALEY-MORROW-POBLETE,I NC.
ENGINEERING-PLANNING-SURVEYING
726 Auburn Way North
Auburn,WA 98002
(253)333-2200
FAX (253)333-2206
DECISION CRITERIA -ADDITIONAL QUESTIONS
East Cofield
The planning department may recommend and the City council may approve, approve
with modifications or deny amendments to the comprehensive plan text or map
designations based upon the following criteria Our response to each of the applicable
criteria is as follows
1 What is the public necessity and/or convenience that requires this amendment?
Under the current zoning designation, the applicant is allowed to develop
two (2) single-family homes on the northeast portion of the subject site.
The resulting Comprehensive Plan and Zoning Map amendment would
increase that number to three (3) residential lots. The proposed
development of three additional residential properties along 1001h Ave. SE
would be consistent with the adjoining development pattern and take
advantage of the existing public infrastructure without undo impacts to
public facilities. The addition of another single-family lot within an
urbanized area, with existing public services is in keeping with City of Kent
Comprehensive Plan, Land Use Goal LU— 8, 9 and H1.
2 What significance will the proposed amendment have to the community?
The requested modification will provide opportunities for a variety of
housing types, options and densities in compliance with City of Kent
Comprehensive Plan, Land Use Goal LU— 9. In addition, the conversion to
SR-6 zoning will allow for the development of 5,700 square foot residential
lots, in compliance with City of Kent Comprehensive Plan, Policy LU— 9.4
RECEIVED
A(IG 28 2003
CITY OF KENT
PERMIT CENTER
East Cofield Comp Plan/Rezone 98-202 1
3 What effect will the proposed amendment have on other elements of the
Comprehensive Plan or the related ordinances, regulations and development
standards?
The proposed amendment would be in keeping with the current goals and
policies of the Comprehensive plan by providing increased housing
opportunities for the residents of the City of Kent and promoting infill
development where urban services are already available. There will be no
adverse effects to the other elements of the Comprehensive Plan. In
addition, the resulting subdivision will de developed in full compliance with
the existing development regulation. No modification to the existing
regulations is required or proposed.
4 bVIlat it-ripact will the proposed amendment have on general welfare, City design,
development interests, neighborhoods and sensitive areas?
The purpose of single-family residential districts is to stabilize and
preserve single-family residential neighborhoods, as designated in the
Comprehensive Plan. The single-family zone in the City is also intended to
encourage a range of densities and lot sizes in order to promote diversity
and recognize a variety of residential environments. (KCC 5.03.010). The
proposed amendment would add one additional lot, to the currently
allowed two lots on the subject property. This would be consistent with the
overall development pattern in the area and the current level of public
services. This proposal would have no impact on environmentally
sensitive areas.
East Cofield Comp Plan/Rezone 98-202 2
COFIELD AMENDMENT
,ENV-2003-31/KIVA#2032637
CPA-2003-4(A)lCPZ-2003-2/KIVA 2032620
(William Osborne, Planner)
LEGAL DESCRIPTION:
LOT 2t CITY OF KENT SHORT PLAT NO. SP-99-1, RECORDED UNDER RECORDING NO.
19991122900001;
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
SECTION: 07 TOWNSHIP: 22N RANGE: 05E
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COMPREHENSIVE PLAN AND ZONING MAPW 4NbFN NT
COFIELD AMENDMENT EAST COFIELD Mir, ` P, 2003
ENV-2003-311KIVA#2032637 - '
CPA-2003-4/CPZ-2003-2/KIVA42032620 NEftffil C,F_N_[)_k
(William Osborne, Planner)
VICINITY MAP
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EAST COFIELD
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COMPREHENSIVE PLAN AND ZONING MAP AMENDMENT
EAST COFIELD
This certificate provides Certificate: 3661
information necessary to
evaluate development
proposals.
SOOS CREEK WATER 4ND SEWER DISTRICT
CERTIFICATE OF WATER AVAILABILITY
Type: Short SuhDivision:
Applicant's Name: Lakrridge Development,Inc
Proposed Use: 3 Single Family Residences
Location: Lot:8 Block: Development: UNMEDAN ORCHARD TRACTS
Parcel: 880240 0131 Address:
Inforinanon:
WATER PURVEYOR INF0101ATION
East 150 it.only.
1. a [n Water will be provided by service connection uily to an existing 8"inch water tram,45 feet from the site
west ISO it
b aG Water semrce will require an improvernar to d a water system of
Development/improi emcats beyond the East 150 R of this parcel will require additional water mainline
extension,footage and layour to be deterninec based on final plat plans All plans must be approved by
and meet the rcgmremeNs of the City of Cmt.Fire Marshal and Soos Creek Water and Sewer Damcr
2. a G T he water system is in conformance with a Co inry approved water comprehensive plan.
b ❑ The water system improvement will require a•eater cornprbensive plan amendment
3 a The proposed project is within the corporate bmrrs of the dutnck or has been granted Boundary Review
Board approval for exicrision of service outsice the district or city,or is wulim the County approved
sauce area of a private water purveyor
b ❑ Annexation or Boundary Reagem Board ippro,al will be necessary to provide service
4, a 2 Water is/or will be available at the rate of flow and duration mdx aied below at no less than 20 psi
measured at the ntacest fire hpdraat 35 ka fx m[he butldmgrpmperry(or as marled on the attached
imp).
hate of Flow: 1,000 gpm Duration: 2 hours or More
b ❑ Water systems n not capable of providing fire flow
Cross Connection Control der ices most be in eonformauce with state lairs.
Service is subject to the apphcants agreement to comply and perform to make sucb installation
vand/or connections to the standards,regulations,requirements and conditions of this District and
D such other agency or agencies having jurisdiction This District is not representing that it's
o M facilities will be extended or otherwise mod.fied to make such service availaole to the applicant
w < n It is the responsibility of the applicant to make ary required extension of facilities to serve their
-n properry
ao —
" to r I hereby certify that the above water purveyor tnlorm:dton is true. This certification shall be ialtd for out
o) 0 tier 0 year front date of signature.
rr >
-t N � SOOS CREEP.WATER d-SEWFP DISTRICT Lon Bergstrom 5,13,?0o'j
too < m Atencr Nrmt Sirnarory\erne Data
to ND0
oDevelopment Coordinator
7 D N Z 7iue sreiu Due
m nsm -i
� W y Sins Ga.t'ar.tr."a Ruu'rpiw3,�fseu"tu uc•:Y a!
N
to
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Planning Services
220 4th Avenue South a Kent,WA 98032-5895
Permit Center(253)856-5302 FAX (253)856-6412
Nr Comprehensive Plan Map/
PLANNING SERVICES
Zoning leap Amendment Application
Comp Map Amendment Application Fee...$1500
w/Zone Map Amendment..$2250
Public Notice Board...$100
Application #:,� — 2�i(I �3 3 KIVA#: /03s�:
OFFICE USE ONLY OFFICE USE ONLY
Application Name: Lotto Comp. Flan Amendment
Address/Location: 11644 S. E. 240th Street Zone:NCC/SR-6
King County Parcel Number(s): 162205-9113 Acres: 7.92
'/4 Section SW Section 16 Township 22 - - N Range 05 E
Applicant: (mandatory)
Name Mike Lotto Daytime Phone. 253-631-5320
Mailing Address 11644 S.E. 240th Street Fax Numb --
City/State/Zip Kent, WA 98031 Signature 1/
Professional License No- Contact Person
Property Owner 1:(mandatory if different from applicant)
Name Angelo and June Toppano Daytime Phone
Mailing Address' 2211 156th Avenue N.E. Fax Wrnber
City/State/Zip. Bellevue, WA 98007 Signature &A
Property Owner 2:(if more than two property owners attach additional infolsignature sheets)
Name. Daytime Phone
Mailing Address: Fax Number
City/State/Zip. Signature
The above signed property owners,certify that the above information is true and correct to the best of our knowledge and
under penalty of perjury,each state that we are all of the legal owners of the property described above and designate the
following parry to act as our agent with respect to this application
Ay~aI Consultsnu Attorney: (mandatory if primary contact is Different from applicant)
Name- Barghausen Consulting Engineers c/o Frir T.agri,DaytimePhone 425_251-6222
Mailing Address- 18215 72nd Ave. S. Fax Number 425-251-A782
City/State/Zip Kent, WA 98032 License No .
e, i
OFFICE USE ONLY: ❑ City-Initiated ❑ Pnvately Initiated
/-dui 2q � r 1� '
Date Application Received Received by 1?,/fmo glolzo
CITY 0-v Ei-4
Date Application Complete. -,rnr,,I --__ Completeness Review by
LOTTO AMENDMENT III{II{IIII{II{Illlllllllllllllllllllllllllip E C E I V E D
#ENV-2003-32/KIVA#2032634 psd4053* AUG 24 2003 p,d1113 6i15101 p I ore
#CPA-2003-4(B)/#C PZ-2003-3
KIVA 42032635 CITY OF KENT
(William Osborne, Planner) PLANNING SERVICES
APPLICATION FOR COMPREHENSIVE PLAN MAP/ZONING MAP AMENDMENT
Chapter 12.02 of the Kent City Code outlines procedures for amendments to the City of Kent
Comprehensive Plan. Proposed amendments will be considered by the Land Use and Planning
Board after a public hearing, and their recommendation will be approved or denied by the City
Council. Comprehensive plan amendments can only be considered once each calendar year,
and all proposed amendments must be considered by staff, the Land Use and Planning Board,
and the City Council concurrently in order to assess their cumulative impact. The annual
deadline for comprehensive plan amendments is September 1st.
DESCRIPTION OF PROPOSAL:
CURRENT REQUESTED
DESIGNATION DESIGNATION
SF-6 5.92 AC
LAND USE PLAN MAP: NS 2.0 AC NS 7.92 AC
SR-6 5.92 AC
ZONING MAP: NCC 2.0 AC NCC 7.92 AC
Reason/Rationale for proposed Comprehensive Plan/Zoning Map Amendment:
The current zone boundary was arbitrarily established without consideration of the CitV's access
standards or the current use of the property We are requesting the proposed amendment to
allow adequate area within the Neighborhood Community Convenience (NCC) zone to allow for
safe access to the adjacent minor arterial roadways, and to encompass the existing
improvements and operations of the Kent East Hill Nursery
Please refer to the attached Project Narrative for additional detailed i^fcrmat;cn.
LOTTO AMENDMENT
#ENV-2003-321KIVA#2032634
#CPA-2003-4(B)/#C PZ-2003-3
KIVA#2032635 R E CIE I V E D
r_
(William Osborne, Planner)
11034 005 doc AUG 2 9 2003
%J
CITY OF KENT
PUNNING SERVICES
PROJECT NARRATIVE
is Kent East Hill Nursery
Comprehensive Plan and Zone Map Amendment
King County Tax Parcel No. 162205-9113, 7.92 Acres
Prior to being annexed to the City of Kent with the DeMarco annexation in Fall of 2001, this
property was zoned R-18 (Residential, 18-dwelling units per acre) in King County. Upon
annexation, the City of Kent changed the land use designation and zoning to allow for
single-family residential at 6-dwelling units per acre. In the Spring of 2002, the City Council
adopted a modification to this residential designation of this site, including 2-acres of
Neighborhood Convenience Commercial located at the southeast corner of the parcel. These
2-acres were designated as a 295-foot by 295-foot square. Since that time, we have had a
chance to review this designation and have found that it is not consistent with the current City of
Kent driveway and intersection spacing criteria and renders this site virtually undevelopable
without approval of a road standards variance, which is discretionary and may compromise the
safety of future patrons. Furthermore, the City of Kent has adopted Ordinance No. 3648 on
July 1, 2003, which amended the NCC zoning district land uses, development standards, design
techniques, signage requirements, and landscaping requirements.
Based upon our review and the prior decisions, it appears that the City did not take into
consideration the existing Kent East Hill Nursery operations when designating the zone
boundaries. As described, these zone boundaries do not respect existing structures or the
current operation of the nursery. Because the nursery is an existing, legally nonconforming use,
the property owner would like to reduce the amount of nonconformity by expanding the
commercial portion of his site to fully encompass the nursery improvements and its exiting
operation. Because nursery's are permitted in the Community Commercial zoning district, and
are not allowed within any residential zoning district, we believe that increasing the commercial
portion of this site make sense and reduces the amount of non-conformance.
In order to eventually develop a successful neighborhood corner store, meeting the
development requirements of the NCC zone, will typically require two points of access
(driveways) from the adjacent roadways. At least one of these access points must allow for left
turn movements to provide adequate circulation without increasing the number of traffic turning
movements within the intersection. According to the City of Kent access requirements,
Commercial dri,InMo%1 m— ni 1-c-t...� loser than
non feet t-_
w. 1..,.ys may liv, be � uLt;u cl��cl IIIQII env ICCt u�m the return of the adjacent
roadway. To allow left turn movements, the driveway must be located at least 300 feet from the
return of the adjacent roadway. With these requirements, and the existing configuration of the
NCC zone portion of this site, we do not believe that this site can be feasibly developed with
uses consistent with the vision and purpose of the Neighborhood Services Comprehensive Plan
designation, or the Neighborhood Convenience Commercial zone.
By increasing the frontage of the NCC zone, driveway spacing would be adequate to allow left
turn movements from this site onto the adjacent minor arterial roadways, while maintaining a
62-foot buffer of SR-6 zoned property between the existing single-family house to the north and
the proposed NCC zone area.
By expanding the NCC area to 7.92 acres, it would also provide enough area for a creative,
quality development implementing the standards set forth in the revised NCC development
standards recently adopted by the City of Kent.
11034 006 doc
EGUpj/tep
RESPONSES TO KENT CITY CODE SECTION 12.02.050
CRITERIA
SECTION A—COMPREHENSIVE PLAN
1. The amendment will not result in development that will adversely affect
the public health, safety and general welfare.
RESPONSE:
This amendment will not result in development that will adversely affect the public
health, safety, and general welfare. Adequate public facilities to support future
development are present within the area, including roads, and water and sanitary sewer
services provided by the City of Kent.
A traffic impact analysis was prepared by Transportation Solutions, Inc., on April 23,
2002 for a prior land use action. The purpose of the analysis was to estimate the added
traffic associated with the development of neighborhood commercial uses on the entire
subject property (8 acres) The results of the analysis concluded that the intersection of
S.E. 240th Street and 116th Avenue S.E. would continue to operate at the existing level
of service (LOS) C with full development of the entire 8-acre site.
Additionally, it was found that the LOS at the intersection of 104th Avenue S.E. and
S E. 240th Street would improve slightly by decreasing the vehicle delay by 1.5 seconds
per vehicle. This is due to the fact that travel to and from retail development of the
subject property would intercept the trips that currently travel to and from the west and
south to shop.
Expansion of the NCC zone will positively affect the public, health, safety and welfare
with respect to traffic in that it would allow for safe driveway separation from the
existing signal at S.E. 240th Street and 116th Avenue S.E., thereby reducing the
possibility of illegal left hand turns occurring from potential future development. Any
future development of convenience commercial uses would not produce additional
environmental or safety hazards, and the surrounding properties will benefit from the
neighborhood services being provided through development of this site. Therefore, this
amendment will not result in a change to future development that will adversely affect the
public heath, safety, and general welfare.
LOTTO AMENDMENT DECEIVED -
#ENV-2003-32lKIVA#2032634
#CPA-2003-4(B)I#CPZ-2003-3 AUG 2 9 2003
KIVA#2032635
(William Osborne, Planner) CITY OF KENT
PLANNING SERVICES �
-1- 1]034 003 doc[fPddm]
2. The amendment is based on new information that was not available at the
time of adoption of the Comprehensive Plan, or that circumstances have
changed since the adoption of the Plan that warrant an amendment to the
Plan.
RESPONSE:
The subject property was designated as Single Family 6 units/acre (SF-6) and zoned as
Single Family Residential 6 units/acre (SR-6) through the initial zoning and
Comprehensive Plan land use map amendments for the DeMarco Annexation area in
September of 2001. A 2-acre portion of the annexed parcel was designated as
Neighborhood Services (NS) and zoned as Neighborhood Convenience Commercial
(NCC) in May of 2002. This amendment application proposes to expand the NCC area
♦1V111 6. LLriLVJ �V 1./4 LLnir eJ•
The current dimensions of the 2-acre NCC portion of the site are not large enough to
meet the current City of Kent standards for driveway spacing from signalized
intersections on minor arterials. Therefore, the implied access constraints would
significantly hinder the ability of this site to develop with Neighborhood Convenience
Commercial types of uses. Another option for access would include a shared access with
the residentially zoned portion of the site; however, we understand the City of Kent does
not support a combination of commercial and residential traffic sharing the same access.
We understand that the City of Kent has adopted a modification of their development
regulations with respect to the Neighborhood Convenience Commercial zone on July 1,
2003 (Ordinance No. 3648). This revision has modified some of the land uses allowed
within the zone and has significantly changed the development standards, design
techniques, signage requirements, and landscaping requirements of the zone.
Additionally, when delineating the boundaries of the 2 acres of NCC, the City Council
did not take into account locations of the existing structures and operations of the Kent
East Hill Nursery business. We are requesting the expansion of the NCC zone to fully
encompass the existing structures and operation of the nursery. We believe that the
expansion of this zone to 7.92 acres would reduce the amount of nonconformity of this
use. The Kent East Hill Nursery is an existing, legally nonconforming use, and we
believe that it is more compatible with a commercial zone, such as NCC, than the SR-6
zoning designation.
We believe that the 2-acre NCC site contains insufficient area and access to feasibly
develop neighborhood convenience commercial uses at this location. The dimensions of
the 2-acre NCC site cannot support adequate access while meeting the appropriate
driveway spacing requirements. A minimum of 300 feet from the intersection of S.E.
240th Street and 116th Avenue S.E. is necessary to develop access to the site that will
meet City of Kent standards. For these circumstances, the area of the NCC zone should
be expanded to 7.92 acres to allow for development of a safe, attractive, quality
commercial area that will serve the needs of the neighborhood.
-2- 11034 003 doe[IWdm]
3. The amendment is consistent with other goals and policies of the
Comprehensive Plan, and that the amendment will maintain concurrency
between the land use, transportation, and capital facilities elements of the
Plan.
RESPONSE:
The proposed amendment is consistent with the following planning goals, as described in
the Kent Comprehensive Plan (the Plan):
• Economic Development (2) — "Additional office and retail development shall
be encouraged, particularly to designated centers which can be served by
transit "
The proposed rezone and Comprehensive Plan Amendment is consistent with this goal, in
that it will allow for commercial development at the intersection of two minor arterial
roads, S.E. 240th Street and 116th Ave. S.E., respectively. The intersection is served by
an existing transit stop located at the south side of the intersection. This stop serves
Metro routes 158 and 916. Route 158 provides service to areas to the east and west of the
site along S.E. 240th Street, as well as downtown Kent. Route 916 serves the residential
areas to the north of the site along 112th Ave S.E. up to 114th Way S.E. and travels south
to the site on 116th Avenue S.E. Both of these routes provide convenient travel to and
from the site for neighborhood residents.
The Neighborhood Services (NS) land use and Neighborhood Convenience Commercial
(NCC) zoning designations will allow for commercial development that could include the
types of uses described in the Kent Zoning Code which was recently modified by the
Kent City Council. These uses include convenience stores, restaurants, miscellaneous
retail (drug store, books, florist, video, photo, computer supplies, etc.) and personal
services. These neighborhood commercial uses could be easily accessed via transit from
the surrounding residential area; therefore, the proposed amendment is consistent with the
Economic Development element of the Kent Comprehensive Plan and helps to further
Goal 2 of the Plan.
• Policy LU-13.5 — "Analyze the potential for development of "corner store",
small scale, neighborhood-oriented shops adjacent to selected rights-of-way
in higher density neighborhoods..."
The current potential for development of neighborhood-oriented shops on the subject
property is poor. This is due to the fact that the 2-acre portion of property that is
currently zoned NCC is insufficient in size to allow for development of shops serving the
surrounding neighborhood. With required building setbacks, driveway spacing
requirements, parking configurations, landscape requirements, and other design
considerations, the 2-acre site would be limited to development of a non-standard, small
convenience store at best.
-3- 11034 003 doc[lWdml
By increasing the size of the NS and NCC portions of the site, the true development
potential of neighborhood commercial uses at this location will become significantly
more feasible. An Increase in the number and types of commercial uses that could be
developed on this site will result, and will thus help promote Policy LU-13.5 of the Plan.
• Policy ED-1.7.2 — "Encourage predictability and consistency in the City's
land use regulations, while also allowing for flexibility and creativity in the
site development process."
The size and configuration of the existing 2-acre NCC site is insufficient to allow for
creative development of adequately sized neighborhood convenience shops. Both
frontages along S.E. 240th Street and 116th Avenue S.E. are approximately 245 feet in
icngui. rrfith ialiuSCape rcquirements and setbacks 'nom the ad) t"ni residential zoning,
the furthest a driveway can be located from the intersection is approximately 180 feet.
This spacing is less than the minimum driveway spacing criteria, which is 200 feet from
the end of the curb radius at the intersection. Further, driveway-turning movements
would be restricted unless at least 300 feet of spacing is provided. Without vehicle
access flexibility, neighborhood convenience commercial development of this site will be
inconvenient and infeasible. Therefore, the proposed amendment will Increase the size of
the existing 2-acre NCC site to 7.92 acres and will provide safe and proper access and
opportunities for a creative neighborhood commercial development.
• Policy ED-3.6 — "Increase opportunities for walking between residential use
in commercial areas."
The proposed amendment will result in development of neighborhood commercial uses
within walking distance of the surrounding residential uses Walking distance is
generally considered to be one-quarter mile. The site is surrounded by single-family
residences to the north, west, and east of the site and a retirement community is located
across the intersection on the southwest corner of S.E. 240th Street and
116th Avenue S.E. A quality neighborhood commercial shopping area at this location
will provide increased opportunities for residents to purchase goods within walking
distance of their homes
Additionally, the proposed amendment will allow for creative development of a 7.92-acre
commercial center that won't be severely constrained by access and area limitations.
Thus, the increase in area and frontage will likely result in the development of a use other
than a single convenience store/gas station. Subsequent development of the site will
provide proportionate improvements as required through the development review
process Therefore, the amendment and subsequent development will maintain
concurrency between the land use, transportation, and capital facilities of the surrounding
area.
-4- 11034003 doc[IlVdm]
SECTION B —REZONE
1. How and why the proposed rezone and subsequent development of the
site would be compatible with the development of the vicinity.
RESPONSE:
The proposed rezone will only modify the zoning and Comprehensive Plan designations
boundaries of the subject parcel. The NCC designation will allow subsequent
development of a viable neighborhood convenience commercial land use at the subject
location. The site is located on a corner across the street from other existing NCC zoning
and will be separated by a 62-foot-wide strip of undeveloped SR-6 zoned land from
existing single-family uses to the north. This land will serve as a transition between the
lugger exi ating residential iota iv the nviui and thi$ Jl te. 1 iil Lllel, the inventoried 1111-Jite
wetlands will provide a buffer between future single-family developments and existing
uses to the northeast and east of the site. For these reasons, the proposed rezone and
subsequent development of the site will be compatible with the existing and future
development in the vicinity of this site.
-5- 11034 003 doc[lWdmi
tl1G -l��—
EXHIBIT B
KENT EAST HILL NURSERY
COMPREHENSIVE PLAN
AND
ZONE MAP AMENDMENT
LEGAL DESCRIPTION
LOT D OF KING COUNTY SHORT PLAT NUMBER 674003, RECORDED UNDER RECORDING
NUMBER 7408220421, IN KING COUNTY, WASHINGTON;
EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES
BY DEED RECORDED UNDER RECORDING NUMBER 9607260707.
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LOTTO AMENDMENT RECEIVED
#ENV-2003-321KIVA#2032634
#CPA-2003-4(B)1#CPZ-2003-3 AUG 2 9 2003
KIVA#2032635
(William Osborne, Planner) CITY OF PLANNING SERVICES
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Planning Services
2 2003 220 4th Avenue South . Kent, WA98032-5895
' CITY OF KENT Permit Center(253)856-5302 FAX (253)856-6412
\11-7KENT PI"RMITCENT
W•,H, 1N comprehensive Plan Map/
PLANNING SERVICES
Zoning Map Amendment Application
Comp Map Amendment Application Fee...$1500
Please print in black ink only. wlZone Map Amendment.
Public Notice Boardoard...5100
Application #: �V�1- ✓�()/)!5-�t l/ ��3�7 KIVA#: -G 0 3 Z(oq-5
Q ICE US NL ` OFFICE USE ON
Application Name: I — C eC CQ D tivt
Address/Location: A6 017r14 Zone:
King County Par el Number(s): %�21G5`1 U Acres: l r) I
'/4 Section HE Section Z L Township ZZ N Range 5J E
Applicant: ( andatory) G �ylvuril,
Name: e(-VeC,1014 Daytime Phone:
MailingAddress: -Ave
City/State/Zip: '✓1 Signature:
a .n
Professional License No. Contact Person
Property Ow er 1: (mandatory if differen from a plicant)
Name* Daytime Phone
MailingAddress: yqve Fax Number ?Sz •
City/State/Zip: —�r't Signature.
Property Owner 2: (if more than two property owners attach additional in"S, ature sheets)
Name Daytime Phone
MailingAddress: Fax Number
City/State/Zip- Signature
The above signed property owners,certify that the above information is true and correct to the best of our knowledge and
un di r penal y of per�u�y, each state tilai we are all of the legal owners of the property described above and designate the
following party to act as our agent witC respect to this application
Agent/Consultant/Attorney: (mandatory if primary contact is different from applicant)
Name. Daytime Phone
MailingAddress- Fax Number
City/State2ip: License No
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OFFICE USE ONLY: Citydnitiated IJ Privately Initiated
Date Application Received, Received by
Date Application Complete, Completeness Review by-
111111111111111111111111111111111111111111111
.psd4053* psd4053rcv6_21_02 621/02 p l oft
APPLICATION FOR COMPREHENSIVE PLAN MAP /ZONING MAP AMENDMENT
Chapter 12.02 of the Kent City Code outlines procedures for amendments to the City of Kent Compre�
hensive Plan. Proposed amendments will be considered by the Land Use and Planning Board after a
public hearing, and their recommendation will be approved or denied by the City Council. Comprehen-
sive plan amendments can only be considered once each calendar year, and all proposed amend-
ments must be considered by staff, the Land Use and Planning Board, and the City Council concur-
rently in order to assess their cumulative impact. The annual deadline for comprehensive plan amend-
ments is September 1 st.
DESCRIPTION OF PROPOSAL:
CURRENT REQUESTED
DESIGNATION DESIGNATION
LAND USE PLAN MAP: , " - �15
ZONING MAP: _ GG
Reason/Rationale for proposed Comprehensive Plan/Zoning Map Am dment: ova tY,5 C �Ic
Cc LiY17 t e G 5
D l 1 n C �d
psd4053rev6_21_02 6121102 p 2 of 2
Comprehensive Plan Map/Zoning Map Amendment Application
SApplicant-
City of Kent- Parks Recreation & Community Services
220 4th Ave. South
Kent, WWA 98032
Contact
Perry Brooks
253-856-5114
Supplemental Questions- "A"
The amendment will not result in development that will adversely aifeci the pubiic
health, safety and general welfare
The proposed amendment will not result in a development that will have adverse
effects on the general welfare of the public. The requested Neighborhood
Commercial Center Zoning (NCC) will result in the development of the site that
will be consistent with land uses on the east corner and northeast corner of the
same intersection.
The amendment is based on new information that was not available at the time of
adoption of the Comprehensive Plan, or that circumstances have changed since
the adoption of the Plan that warrant an amendment to the Plan.
Since the Comprehensive Plan was adopted in 1995, several local and County
land use designations have taken place to warrant this amendment
-The parcel to the west and north has been rezoned multi-family where a senior
citizen living facility has been built.
- The parcels to the west and northwest of the same intersection have been
rezoned Neighborhood Commercial (NCC).
- In 2000, the neighborhood to the northeast of this intersection has been
annexed into the City, Demarco Annexation
- Growth Management Act policies, adopted by the County and City's within,
have mandates to promote rezoning, where applicable, to encourage continued
development within the GMA
The amendment is consistent with other goals and policies of the Comprehensive
Plan, and that the amendment will maintain concurrency between the land use,
transportation and capital facilities of the Plan
The proposed amendment will be a benefit to the surrounding neighborhood as
well as the City The amendment will provide consistency with zoning of parcels
to east and northeast of the same intersection. The amendment will be consistent
with the City's Community Design criteria in that it will provide increased public
access to a concentrated area where other NCC businesses are based. The site
is located on the corner of SE 240th St & 116th St. SE, a major arterial and a
collector arterial. The corner has a traffic signal while street improvements have
been completed on SE 240th St. and is able to handle to traffic for the proposed
zoning There are no wetlands on site and the primary vegetation in grasses and
one large fir tree located near the corner. The proposed amendment will not have
any effects on related ordinances, regulations or development standards.
The proposed amendment will have significant economic benefits to the City,
more tax collections, and to the residents, increased property values and
convenience to a commercial area. The current zoning is S-6, where
approximately 10-12 homes could be built. This site is located on a busy
intersection where neighboring land uses are not conducive to single family
homes.
Supplemental Question — "B"
How and why the proposed rezone and subsequent development of the site
would be compatible with development in the vicinity
The proposed rezone of the site would follow current zoning designation of the
parcels to the east and northeast of the same intersection Adjacent land uses
are multi-family while the area itself is receiving tremendous growth through
continued annexation and infill development Because of these issues, the
development of the site would provide increased opportunity and easier access
to commercial activities
King County ISMTTM
Parcel Map and Data
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Parcel Number 2022059051
Address 11525 SE 240TH ST
Zipcode 98031
Taxpayer KENT CITY OF
The information included on this map has been compiled by King County staff from a
variety of sources and is subtect to change without notice King County makes no
representations or warranties,express or implied,as to accuracy,completeness,
timeliness,or rights to the use of such information King County shall not be liable for any
general,special,indirect,incidental,or consequential damages including,but not limited
to,lost revenues or lost profits resulting from the use or misuse of the information
contained on this map Any sale of this map or information on this map is prohibited
except by written permission of King County"
King County 1 GiS Center I News 1 Services I Cunmteni
By visiting this and other King County web pages,
you expressly agree to be bound by terms and conditions of the
The details
http://www5.metrokc.gov/parcelviewer/Print—Process.asp
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
Charlene Anderson,AICP, Manager
• Phone 253-856-54540
KENT Fax 253-856-6454
WASHINGTON
Address 220 Fourth Avenue S.
Kent, WA 98032-5895
CITY OF KENT COMPREHENSIVE PLAN
ENVIRONMENTAL IMPACT STATEMENT
ADDENDUM FOR
2003 ANNUAL COMPREHENSIVE
PLAN AMENDMENTS
Responsible Official: Kim Marousek
I. PROPOSAL
The City of Kent is considering three(3)amendments to its Comprehensive Plan. Comprehensive
Plan amendments can be analyzed by the City Council once per year, as authorized by the
Growth Management Act (RCW 36.70A) and Kent City Code Chapter 12 02. Two (2) of these
proposals have been made by private interests, and would amend the Comprehensive Plan Land
Use Map and Zoning Distnct Map. One application was submitted by the City of Kent Parks
Department, and also would amend the Comprehensive Plan Land Use Map and Zoning District
Map.
The proposed amendments are summarized below
A. #ENV-2003-31/ #2032637 COFIELD (CPA-2003-4(A) AND CPZ-2003-2) The 2.11
acre subject site is located at 21907 — 100th Ave SE This request is to amend, for one
(1) parcel, the Comprehensive Plan Land Use Plan Map designation from SF-3 (Single
Family, 3 units per acre) to SF-6 (Single Family, 6 units per acre), and the Zoning
Distnct Map designation from SR-3 (Single Family, 3.63 units per acre) to SR-6 (Single
Family, 6.05 units per acre) Staff is recommending approval of these requests
B. #) NV-2003-32 / #2032634 LOTTO (CPA-20034(B) AND CPZ-2003-3) The 7.92
acre subject site is located at 11644 SE 240th St This request is to amend, for a 5.92 acre
portion of one (1) parcel, the Comprehensive Plan Land Use Plan Map designation from
SF-6 (Single Family, 6 units per acre) to NS (Neighborhood Services), and the Zoning
District Map designation from SR-6 (Single Family, 6 05 units per acre) to NCC
(Neighborhood Convenience Commercial). Staff is recommending denial of these
requests
C. #ENV-2003-33/#2032646 CITY OF KENT PARKS DEPARTMENT (CPA-2003-
4(C) AND CPZ-2003 4) The 1 82 acre subject site is located at 11525 SE 240th St. This
request is to amend the Comprehensive Plan Land Use Plan Map designation from SF-6
(Single Family, 6 units per acre) to NS (Neighborhood Services), and the Zoning District
Map designation from SR-6 (Single Family, 6.05 units per acre) to NCC (Neighborhood
Convenience Commercial) Staff is recommending approval of these requests.
The scope of this addendum is to provide additional analysis and to identify any impacts
associated with this development that may not have,been evaluated under the SEPA review for
Addendum ENV-2003-31-33
City of Kent
Comprehensive Plan EIS -Addendum
the City of Kent Comprehensive Plan EIS, (Draft and Final), ENV-93-51. The analysis is based
upon the submittal of individual Environmental Checklists with each Comprehensive Plan Map
Amendment application
II. SEPA COMPLIANCE
In October 1993, the City of Kent issued a Determination of Significance (DS) and Notice of
Scopmg for the Comprehensive Plan (ENV-93-51) After a series of public meetings, a Draft
Environmental Impact Statement (DEIS) was issued on July 18, 1994 for the Draft
Comprehensive Plan, issued on the same date. The DEIS was distributed to City Council and
Planning Commission members, adjacent Jurisdictions, affected agencies and other parties of
interest After comments on the DEIS were solicited and reviewed, a Final Environmental Impact
Statement(FEIS)was issued and distributed on January 30, 1995.
The EIS analyzed the environmental impacts of the Comprehensive Plan, which was adopted
April 18, 1995. The purpose of the EIS for the Comprehensive Plan was to assess the impacts of
the Plan on the City and its growth area. The EIS does not analyze the significance of site
specific impacts; it analyzes the significance of impacts on a broad area. This Addendum to the
Kent Comprehensive Plan EIS provides additional information regarding the area-wide impacts
from the three annual comprehensive plan amendments. The proposed amendments to the Land
Use Map seek to increase the density and development potential from that which was originally
evaluated under the EIS. Although the density would be greater than previously evaluated,
collectively the Comprehensive Plan amendments would not create unavoidable adverse
environmental impacts beyond those previously identified in the EIS
III. STATEMENT OF CONSISTENCY
Future project applications will be subject to and shall be consistent with the following: City of
Kent Comprehensive Plan, the Kent City Code, Uniform Fire Code, Uniform Building Code,
Public Works Standards: City Excavation and Grading Ordinance, and the Surface and
Stormwater Management Ordinance.
IV, ENVIRONMENTAL REVIEW—SCOPE OF EIS ADDENDUM
The City of Kent has followed the process of phased environmental review as it undertakes
actions to implement and amend the Comprehensive Plan. The State Environmental Policy Act
(SEPA) and rules established for the act, WAC 197-11, outline procedures for the use of existing
environmental documents and preparing addenda to environmental decmors
Non project Documents— An EIS prepared for a comprehensive plan, development regulation,or
other broad based policy documents are considered "non-project,"or programmatic in nature(see
WAC 197-11-704). These are distinguished from EISs or environmental documents prepared for
specific project actions, such as a building permit or a road construction project, The purpose of
a non-project EIS is to analyze proposed alternatives and to provide environmental consideration
and mitigation prior to adoption of an alternative. It is also a document that discloses the process
used in evaluating alternatives to decision-makers and citizens.
Phased Review— SEPA rules allow environmental review to be phased so that review coincides
with meaningful points in the planning and decision making process, (WAC 197-11-055(5)).
Broader environmental documents may be followed by narrower documents that incorporate
general discussion by reference and concentrate solely on issues specific to that proposal SEPA
rules also clearly state that agencies shall use a variety of mechanisms, including addenda, to
avoid duplication and excess paperwork.
Page 2 of 4
Addendum ENV-2003-31-33
City of Kent
Comprehensive Plan EIS-Addendum
Prior Environmental Documents — The City of Kent issued a Draft Environmental Impact
Statement (DEIS) for the Comprehensive Plan on Tuly 18, 1994 (#ENV-93-51). The DEIS
analyzed three comprehensive plan land use alternatives, and recommended mitigation measures,
which were used in preparing comprehensive plan policies The preferred land use alternative
which was incorporated into the Comprehensive Plan was most closely related to Alternative 2 of
the DEIS, (the mixed-use alternative). A Final Environmental Impact Statement (FEIS) was
issued on January 30, 1995, and the Comprehensive Plan was adopted by the City Council on
April 18, 1995. Therefore, the impacts of the Land Use Element adopted in the Comprehensive
Plan are within the range of impacts evaluated in the EIS.
Scope of Addendum: — As outlined in the SEPA rules, the purpose of an addendum is to provide
new information about three (3) amendments to the City of Kent Comprehensive Plan Potential
impacts associated with these "non-project" actions were adequately evaluated through the EIS
SEPA review process and do not substantially change the prior analysis; therefore it is prudent to
utilize the addendum process as outlined in WAC-197-11-600(4)(c).
V. ENVIRONMENTAL ELEMENTS
All environmental elements were adequately addressed within the parameters of the City of Kent
Comprehensive Plan EIS, draft and final. Further, subsequent"project"actions would require the
submittal of separate environmental checklists, pursuant to SEPA, which will be analyzed for
consistency with the original mitigating conditions and may require new mitigation based upon
site-specific conditions.
Additional guidance for future development is as follows:
Transportation
The three (3) separate amendments proposed for this non-project action are listed as 31
through 33 on the Environmental Checklist Site specific traffic-related review is required
upon submittal of a project proposal In addition to this site specific analysis, it is anticipated
that widening and other improvements would be necessary at 1161h Ave SE and SE 240'h
Streets associated with the amendments B and C.
Water
Subsequent development pursuant to each of the proposals will increase the amount of
impervious surface on the subject sites. City of Kent Storrnwater Standards will be
?a tl:e fin5i `tv i _ '--T•` F.-R. ... fuii itTi TenieilidllUR t IneSe Sta
-- - -- r'= r p o ndards
will mitigate any water quality or quantity impacts associated with the additional impervious
surfaces.
VI. SUMMARY AND RECOMMENDATION
A. SUMMARY
Kent City Code section 1 I.03.510 identifies plans and policies from which the City may
draw substantive mitigation under the State Environmental Policy Act These
amendments have been evaluated in light of those plans and policies as well as within the
overall analysis completed for the City's Comprehensive Plan EIS. That analysis can be
found in the "Environmental Review Report" complied by the City and contained in the
environmental file.
B. RECOMMENDATION
The City of Kent Comprehensive Plan EIS, draft and final, provided extensive analysis
with regard to the environmental impacts associated with the implementation of the
Page 3 of 4
Addendum ENV-2003-31-33
City of Kent
Comprehensive Plan EIS-Addendum
Comprehensive Plan. The mitigating conditions included anticipated impacts associated
with the increased traffic, sensitive areas and stormwater runoff, as well as impacts to
public services and utilities. The City has reviewed the individual checklists and has
found that they are consistent with the scope of the EIS; therefore, this action will not
create additional or significant impacts beyond those previously identified and does not
warrant separate environmental review as outlined in the State Environmental Policy Act
(SEPA),WAC 197-11.
4
Dated: October 22, 2003 Signature
Kim Marousek, AICP, Responsible Official
KM CA jm S\Permit\Plan\Env\2003\2003-31-33addcndum doc
Page 4 of 4
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, C D Director
PLANNING SER
Charlene Anderson, AICP, Planning MaWr
Phone 253-856-5454
ENTT Fax 253-856-6454
WASNINGT ON Address 220 Fourth Avenue
Kent,WA 98032-5895
ENVIRONMENTAL REVIEW REPORT
Decision Document
CITY OF KENT COMPREHENSIVE PLAN AMENDMENTS AND IMPLEMENTING
ZONING MAP AMENDMENTS
ENV-2003-(31-33)
Responsible Official. Kim Marousek Prepared by: William D. Osborne
I. PROPOSAL
The City of Kent is considering three (3) amendments to its Comprehensive Plan.
Comprehensive Plan amendments can be analyzed by the City Council once per year, as
authorized by the Growth Management Act (RCW 36 70A) and Kent City Code Chapter 12 02.
Two (2) of these proposals have been made by private interests, and one (1) of thes
proposals has been made by the City of Kent Parks Department. All of these proposals woul
amend the Comprehensive Plan Land Use Map and Zoning District Map. The proposed
amendments are summarized below:
A. 4ENV-2003-31/ #2032637 COFIELD (CPA-2003-4(A) AND CPZ-2003-2) The 2.11
acre subject site is located at 21907— 100th Ave SE. This request is to amend, for one
(1) parcel, the Comprehensive Plan Land Use Plan Map designation from SF-3 (Single
Family, 3 units per acre) to SF-6 (Single Family, 6 units per acre), and the Zoning
Distract Map designation from SR-3 (Single Family, 3.63 units per acre) to SR-6 (Single
Family, 6.05 units per acre). Staff is recommending approval of these requests
st rdV-2vus-sL ! iflt)326`s4 LOTTO (CPA-2003-4(B) AND CPZ-2003-3) The 7.92
acre subject site is located at 11644 SE 240th St. This request is to amend, for a 5.92
acre portion of one (1) parcel, the Comprehensive Plan Land Use Plan Map
designation from SF-6 (Single Family, 6 units per acre) to NS (Neighborhood
Services), and the Zoning District Map designation from SR-6 (Single Family, 6.05
units per acre) to NCC (Neighborhood Convenience Commercial). Staff is
recommending dental of these requests.
C. #ENV-2003-33/ #2032646 CITY OF KENT PARKS DEPARTMENT (CPA-2003-4(C)
AND CPZ-2003 4) The 1 82 acre subject site is located at 11525 SE 240th St. This
request is to amend the Comprehensive Plan Land Use Plan Map designation from
SF-6 (Single Family, 6 units per acre) to NS (Neighborhood Services), and the Zoning
District Map designation from SR-6 (Single Family, 6.05 units per acre) to NCC
(Neighborhood Convenience Commercial). Staff is recommending approval of these
requests.
Decision Document
City of Kent CPA and
Implementing Zoning Map Amendments
#ENV-2003-(31-33)
II. BACKGROUND INFORMATION
Amending the City's Comprehensive Plan and Zoning Map is considered a "non-project" action
under the State Environmental Policy Act (SEPA). Amendments to comprehensive plans are
also not considered to be project permit applications under ESHB 1724 and Kent City Code
Chapter 12 01. The broad environmental impacts of the proposed Comprehensive Plan and
Zoning District Map amendments will be analyzed in this document. Subsequent development
proposals on the applicable sites will likely require subsequent environmental review in
conjunction with building permit, subdivision, and other appropriate project permit applications.
In addition to the above, Kent follows revisions to the Washington State Environmental Policy
Act, Chapter 197-11 WAC (effective November 10, 1997), which implements ESHB 1724 and
ESB 6094.
Compliance with Kent's Comprehensive Plan (Ordinance 3222), the Washington State Growth
Management Act (GMA), The Local Project Review Act (ESHB 1724 and ESB 6094), Kent's
Construction Standards (Ordinance 3117) and Concurrency Management (Chapter 12.11,
Kent City Code), will require concurrent improvements or the execution of binding agreements
by the Applicant / Owner with Kent to mitigate identified environmental impacts. These
improvements and/or agreements may include improvements to roadways, intersections and
intersection traffic signals, stormwater detention, treatment and conveyance, utilities, sanitary
sewerage and domestic water systems Compliance with Kent's Construction Standards may
require the deeding / dedication of right-of-way for identified improvements Compliance with
Title 11 03, and with Sections 15 08.220 to 15 08.224, and to Section 15 08 240 of the Kent
City Code may require the conveyance of Sensitive Area Tracts to the City of Kent, in order to.
preserve trees; or to regulate the location and density of development based upon known
physical constraints such as steep and/or unstable slopes, wetlands or proximity to lakes,
streams and wildlife habitat conservation areas, or to maintain or enhance water quality.
Compliance with the provisions of Chapter 6.12 of the Kent City Code may require provisions
for mass transit adjacent to the site.
In addition to the above, Kent follows revisions to the Washington State Environmental Policy
Act, Chapter 197-11 WAG (effective November 10, 1997), which implements ESHB 1724 and
ESB 6094,
I
Any conditions applied to the following Mitigated Determination of Non-Significance (MDNS),
which are intended to mitigate impacts from the project herein being reviewed, are applied
because identified impacts cannot adequately be addressed by existing identified City Codes
and Ordinances.
III. ENVIRONMENTAL ELEMENTS
A. Earth
1. ENV-2003-31 Cofield. The terrain of the subject site can be
characterized as variably sloping, with steep westward slopes (up to 30%) from
the 100th Ave SE right-of-way that flatten into a more gradual slope
(approximately 6%) toward the stormwater ponds located at the western
boundary of the subject site. The City of Kent Geographic Information System
indicates that the subject site contains Alder-wood Gravelly Sandy Loam series
(AgC) and Outwash (INC) soils; both are glacial till soils. A steep slope
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condition to the west leading to Garrison Creek could be anticipated to have
seventy-five foot (75') buffer that ends approximately thirty-five feet (35') from
the northwest corner of the subject site. A Detailed Grading Plan and
Temporary Erosion/Sedimentation Plan meeting the requirements of the City of
Kent Construction Standards will be required for review and approval with any
proposal for redevelopment of the property.
2. ENV-2003-32 Lotto. The subject site is generally flat, rolling slightly downward
toward the eastern boundary before the slope increases off-site near the Middle
Fork Garrison Creek. In addition to a single-family detached dwelling unit, the
subject site contains a number of temporary and permanent structures
associated with an existing commercial landscaping nursery use The City of
Kent Geographic Information System indicates that the subject site is located
outside of the soils database — but topographical clues from inventoried soils to
the south indicate that the site likely contains glacial till-type Alderwood Gravelly
Sandy Loam series (AgB, AgC, and perhaps AgD) sods. A Detailed Grading
Plan and Temporary Erosion/Sedimentation Plan meeting the requirements of
the City of Kent Construction Standards will be required for review and approval
with any proposal for redevelopment of the property.
3. ENV-2003-33 City of Kent Parks Department. The generally flat terrain of
the subject site begins rolling slightly to the west of the one (1) single family
dwelling and shed structure located thereon. The City of Kent Geographies
Information System indicates that the subject site contains glacial till-typ
Alderwood Gravelly Sandy Loam series (AgB and AgC) sods. A Detailed
Grading Plan and Temporary Erosion/Sedimentation Plan meeting the
requirements of the City of Kent Construction Standards will be required for
review and approval with any proposal for redevelopment of the property.
B. Air
Motor vehicles emit several pollutants that EPA classifies as known or probable human
carcinogens. Benzene, for instance, is a known human carcinogen, while
formaldehyde, acetaldehyde, 1,3-butadiene and diesel particulate matter are probable
human carcinogens. Studies are underway to detPrmmP whathpr other toxic
substances are present in mobile source emissions.
EPA estimates that mobile (car, truck, and bus) sources of air toxics account for as
much as half of all cancers attributed to outdoor sources of air toxics. This estimate is
not based on actual cancer cases, but on models that predict the maximum number of
cancers that could be expected from current levels of exposure to mobile source
emissions. The models consider available health studies, air quality data, and other
information about the types of vehicles and fuels currently in use. Non-road mobile
sources (such as tractors and snowmobiles) emit air toxics as well.
Subsequent development of the subject sites pursuant to the proposals considered
herein will likely have greater air quality impacts. Development of some sites will
require demolition and clearing activities, some sites will remove existing vegetation,
and all sites will attract additional human activities and automobile traffic that generate
exhaust, heat, and fumes.
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#ENV-2003-(31-33)
i
1. ENV-2003-31 Cofield.
Development of single-family residential dwelling units will create air quality
impacts related to site preparation and construction Occupied housing units
will generate air quality impacts related to landscaping, HVAC use, and
automobile traffic.
2 ENV-2003-32 Lotto, and
3 ENV-2003-33 City of Kent Parks Department.
Development of commercial uses and surface parking will create air quality
impacts related to site preparation and construction. Commercial uses typically
generate air quality impacts related to automobile parking
C. Water
Subsequent development pursuant to each of the proposals will increase the amount of
impervious surface on the subject sites. City of Kent Stormwater Standards will be
incorporated into the final site development plan. The full implementation of these
standards will mitigate any water quality or quantity impacts associated with the
additional impervious surfaces.
1. ENV-2003-31 Cofield. Based upon preliminary review, the subject site is
not encumbered with wetlands, but there is an on-site regional stormwater
detention facility that was constructed as a condition of the Kara Crest
subdivision located to the east of the site, across 100"' Avenue SE. The site is
located within the Garrison Creek watershed, which flows into the Green River.
Any development of the subject site would lie outside of the sensitive areas
buffer for slopes associated with Garrison Creek. Detailed wetlands and
drainage review will be required before the parcels receive subdivision
approval.
2 ENV-2003-32 Lotto. Based upon preliminary review the subject site is
deemed to be unencumbered with wetlands, but the Middle Fork Garrison
Creek is adiacent to the east
3. ENV-2003-33 City of Kent Parks Department. Based upon preliminary
review the subject site is deemed to be unencumbered with wetlands
D. Plants
Most of the proposals would likely result in the eventual removal of some existing
plants and trees at the time of development Tree preservation plans shall be
submitted to the City for review and approval per Kent City Code Section 15 08.240
concurrent with development applications
1 ENV-2003-31 Cofield. The subject site is grassy vegetation, shrubs, and
underbrush — some potentially associated with Garrison Creek wetland habitat
functions (see above III C., Water Impacts).
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2. ENV-2003-32 Lotto. The subject site has sparse vegetation, with some
fixed trees The commercial nursery raises a variety of landscape vegetation
and produce.
3 ENV-2003-33 City of Kent Parks Department. The subject site is covered
with low, grassy vegetation and contains trees near the northeastern corner of
the site.
E. Animals
Those proposals containing or adjacent to, sensitive areas might have impact on
animals. This would likely involve aquatic and aviary species associated with streams,
wetlands, and areas of multi-layered, dense foliage.
1. ENV-2003-31 Cofield. This site is adjacent to Garrison Creek which is
known to provide habitat and breeding beds for salmonids. Some salmonids are
known to be threatened and/or endangered species, under the Federal
Endangered Species Act and the City may therefore require more stringent
development conditions to ensure the continued survival of these fish
There are existing sensitive areas such as creeks and wetlands downstream of
this proposal. The City of Kent as well as the Washington State Department of
Fish and Wildlife (WDFW) have an interest in the continued health of these*
areas. Therefore the Applicant may be required to obtain an approved
Hydraulic Protect Approval (HPA) from the WDFW, or a written waiver
therefrom at the time of application for a development proposal
2 ENV-2003-32 Lotto. The subject site is adjacent to the Middle Fork
Garrison Creek which is known to provide habitat for salmonids Some
salmonids are known to be threatened and/or endangered species, under the
Federal Endangered Species Act and the City may therefore require more
stringent development conditions to ensure the continued survival of these fish.
There are ev�nti:i -=r'_eti veea" 4i _:�C�:c -,i*r;%� Vn,e&anC$ rinwn.c.treum Cf J _ T L
this proposal. The City of Kent as well as the Washington State Department of
Fish and Wildlife (WDFW) have an interest in the continued health of these
areas. Therefore the Applicant may be required to obtain an approved
Hydraulic Project Approval (HPA)from the WDFW or a written waiver therefrom
at the time of application for a development proposal.
3 ENV-2003-33 City of Kent Parks Department. The subject site contains a
small water drainage course that is completely internal to the site
There are existing sensitive areas such as creeks and wetlands downstream of
this proposal The City of Kent as well as the Washington State Department of
Fish and Wildlife (WDFW) have an interest in the continued health of these
areas Therefore the Applicant will be required to obtain an approved Hydraulic
Project Approval (HPA) from the WDFW or a written waiver therefrom at the
time of application for a development proposal.
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4ENV-2003-(31-33)
F Environmental Health
1 ENV-2003-31 Cofield. Site preparation and construction activities could
create air, vibration (grading) and noise impacts associated with machinery
used in site development Once built, additional residential units on-site would
likely receive and generate noise impacts due to increased traffic
2 ENV-2003-32 Lotto. Site preparation and construction activities,
including the removal of trees and other vegetation could create air, vibration
(falling trees) and noise impacts associated with machinery used in site
development. Once developed, commercial use at the subject site could have
noise impacts on the adjacent single-family residential units, at a level
according to the use. Other potential hazards to health would be considered in
development review for particular commercial uses. Noise impacts on the
subject site from surrounding uses would likely include traffic noise from 116`h
Avenue Southeast, and Southeast 2401h Street.
3 ENV-2003-33 City of Kent Parks Department. Site preparation and
construction activities, including the removal of trees and other vegetation could
create air, vibration (falling trees) and noise impacts associated with machinery
used in site development. Once developed, commercial use at the subject site
could have noise impacts on the adjacent single-family residential units, at a
level according to the use. Other potential hazards to health would be
considered in development review for particular commercial uses Noise
impacts on the subject site from surrounding uses would likely include traffic
noise from 116th Avenue Southeast, and Southeast 2401h Street,
G. Energy and Natural Resources
None of the proposals is anticipated to generate demand for energy or natural
resources beyond typical levels for development allowed within an urban area. The
increase of residential densities via redevelopment within the city limits serves as an
alleviating factor on consumption of rural and natural resource lands outside of the
urban growth boundary. Similarly, commercial uses requiring a significant amount of
outdoor lighting, as with large surface parking areas, results in higher energy operating
costs and Increased enwrnnmental nnlli�4inn frr}rrt +ho o�+r7 ^1'�eF �en=i2tl0n and
distnbution needs.
H. Land and Shoreline Use
The existing uses on the subject sites and the context of surrounding land uses are
described hereafter.
1 ENV-2003-31 Cofield The existing uses of the 211 acre subject site
include a pair of constructed stormwater detention ponds, and an outdoor
children's recreational facility. These facilities were constructed as mitigation
for the adjacent Kara Crest plat developed in King County. Generally, non-
subject parcels in the vicinity of the subject site have been developed with
single-family residential dwelling units.
2 ENV-2003-32 Lotto. The subject site, a 5.92 acre portion of a single tax
parcel, is generally flat, rolling slightly downward toward the eastern boundary
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before the slope increases off-site near the Middle Fork Garrison Creek. In
addition to a single-family detached dwelling unit, the subject site (and
remainder of the tax parcel) contains a number of temporary and permanent
structures associated with an existing commercial landscaping nursery use
The street frontage along 116th Avenue Southeast is unimproved, while the
street frontage along Southeast 240`h Street is improved. The tax parcel was
part of a recently concluded annexation comprehensive plan amendment and
initial zoning process (AZ-2001-1, DeMarco Annexation, see Ordinance #3605)
The Council adopted a Land Use Designation for the subject site of Single
Family Residential, Six Units per Acre (SF-6), and a Zoning District Designation
of Single Family Residential, 6.05 Units per Acre (SR-6). The Council adopted
a Neighborhood Services (NS) Land Use and Neighborhood Convenience
Commercial (NCC) Zoning District for a two (2) acre corner portion of the tax
parcel.
3. ENV-2003-33 City of Kent Parks Department. The generally flat terrain of
the 1.82 acre subject site begins rolling slightly to the west of the one (1) single
family dwelling and shed structure located thereon The subject site is located
north of a retirement living facility served by 114"'Avenue Southeast A vacant
nursery at the southeast corner and operating nursery at the northeast corner of
SE 240th/116th SE are proximate to the subject site. The subject site is south
and east of single-family detached residential development. The street frontage
of SE 240th Street is improved, while the street frontage along 1161h Avenue SE
�
south of SE 2401h Street is unimproved.
One of the purposes of the Comprehensive Plan amendment process is to assess
whether the proposals are compatible with surrounding land uses. Issues of
compatibility will be analyzed by staff, the Land Use and Planning Board, and the City
Council in determining whether or not to approve the proposed amendments.
I. Housing
One (1) of the three (3) proposals seek to increase residential density, and this
proposal is described below in terms of the number of housing units allowed under the
ewshnq and nrnrrlose/7nnina D;sfrsct desinnations_
1. ENV-2003-31 Cofield. This proposal would not displace any housing units.
Considering environmental constraints, including buffers extending from
neighboring properties, and tracts, the subject site of this proposal could
accommodate up to two (2) single-family detached units under current zoning,
and three (3) single-family detached units under proposed zoning
2. ENV-2003-32 Lotto This proposal could displace one (1) housing unit,
and a number of conforming and nonconforming structures associated with the
on-site commercial nursery operation if developed to commercial development
standards allowed under Neighborhood Convenience Commercial (NCC)
Zoning.
3. ENV-2003-33 City of Kent Parks Department. This proposal could replace
one (1) single-family detached housing unit and an associated shed structure if
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developed to commercial development standards allowed under Neighborhood
Convenience Commercial (NCC) Zoning.
J. Aesthetics
The proposals for the most part will create some aesthetics impacts as the subject
sites are located in underdeveloped areas, one with dense, screening vegetation.
Many of the proposals that might have aesthetics impacts would be more appropriately
addressed during the review of development plans An exception would be the Lotto
proposal, which would insert potentially large-scale and intensive commercial use
adjacent to single-family residential neighborhoods, and an environmentally-sensitive
(Middle Fork Garrison Creek) area that also has natural aesthetic value. However, the
impacts of the proposal in this regard can be assessed from a policy standpoint rather
than an environmental standpoint. The intent of past neighborhood-oriented
commercial designations has been to limit the scale of commercial development
adjacent to existing residential uses.
K. Light and Glare
Commercial development projects and commercial uses pursuant to the zoning
requested for Proposals B (Lotto) and C (Kent Parks Department) are anticipated to
create light impacts due to the nature of the development process and commercial
enterprise during evening hours. Daylight glare impacts from solar reflection might be
anticipated for these proposals as well Any impacts of light and glare would be more
appropriately addressed during the review of development plans
L. Recreation
Any single-family detached residential development of greater than four (4) lots
subsequent to the amendment of the City of Kent Comprehensive Plan Land Use Map
and or Zoning District Map will be required to provide open space or recreation areas,
or a fee-in-lieu of such facilities, at the time of subdivision.
M. Historic and Cultural Preservation
No impacts are anticipated
N. Transoortation
The Washington State Legislature created the Commute Trip Reduction (CTR) Law in
1991 with the goals of reducing traffic congestion, air pollution and petroleum
consumption. This law requires major employers to encourage their employees to use
commute alternatives such as transit, carpools, bicycles, walking, compressed work
weeks, telecommuting, and flexible work schedules to reduce drive alone commute
trips during the peak congestion periods. The City addresses the transit alternative by
requiring that the Applicant / Owner accommodate the needs for transit as expressed
by King County Metro Transit.
The three (3) separate private amendments proposed for this non-project action are
listed as A through C on the Environmental Checklist. The potential traffic impacts are
discussed below. Site-specific and project-specific constraints such as additional
. public right-of-way requirements and sensitive areas (steep slopes, wetlands, streams,
etc.) may result in more or less traffic impacts. Furthermore, the City is in the process
of updating its Comprehensive Plan and will be reviewing consistency between the
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land use and transportation elements, in particular considering funding options. Until
that review is completed, consideration of individual amendments may be premature.
1. 4ENV-2003-31 /#2032637 COFIELD (CPA-2003-4(A) AND CPZ-2003-2):
The proposed development project is located within the East Hill area of the
City, and will take its primary access from 100th Avenue Southeast This street
has an existing public right-of-way width of about 60-feet, while the asphalt
street width is currently about 42-feet wide. The existing street provides for two
lanes of traffic, and does include the following other improvements: cement
concrete curbs & gutters; a stormwater drainage system, cement concrete
sidewalks, but does not include a street lighting system. The existing asphalt
pavement section of this portion of the street is inadequate to provide an
expected 20-year service life and may be In need of an asphalt overlay / rebuild
in order to maintain an acceptable level of service while accommodating the
increased volume of trips being generated by this proposal.
Streets and roadways, which do not provide adequate capacity for motor
vehicles, and streets that have failing pavement sections, result in increased air
pollution when compared to streets that comply with current standards and
provide adequate capacity and pavement section Similarly, intersections that
do not provide for adequate capacity also increase the levels of air pollution.
100th Avenue Southeast is classified as a Residential Collector Street
Augmented with Bike Lanes upon the City's Master Plan of Roadways, which
will require: a minimum of 70-feet of public right-of-way; a 36-foot wide asphalt
roadway with two traffic lanes, plus two 5-foot wide in-street bike lanes;
combined vertical curbs & gutters, and 5-foot wide concrete sidewalks on both
sides of the street; a stormwater drainage system, a City-approved street
lighting system; public utilities, and other street appurtenances when fully
improved.
100th Avenue Southeast is currently not improved to its design standard, and
will require improvement in rnninnrfinn with this development to supprlrt
continued development In the area.V
This development will not cause significant and/or additional congestion at any
public street intersections
The current average daily traffic (ADT) along 100th Avenue Southeast is
approximately 500 vehicles. This non project development will permit an
estimated 10 daily and 1 PM peak hour trips to the local street system.
Mitigation of transportation impacts may include the completion of a
comprehensive traffic impact study to determine appropriate transportation
improvements. Other appropriate mitigation measures, such as contribution to
regional corridor projects, may be required at the time of development in
accordance with the Clty's concurrency management ordinance.
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2 #ENV-2003-32 /#2032634 LOTTO (CPA-20034(B) AND CPZ-2003-3):
The proposed development project is located within the East Hill area of the
City, and will take its primary access from Southeast 240th Street This street
has an existing public right-of-way width of about 100-feet, while the asphalt
street width is currently about 64-feet wide. The existing street provides for five
lanes of traffic, and two 5-foot bike lanes, and does have cement concrete
curbs & gutters; a public stormwater drainage system, cement concrete
sidewalks; and a street lighting system This street is currently constructed to
the appropriate street standards.
The proposed development also abuts 116th Avenue Southeast. This second
street has an existing public right-of-way width of about 60-feet, while the
asphalt street width currently varies from about 28-feet wide to about 50-feet
wide. The existing street provides for between two and four lanes of traffic, but
does not include the following other improvements: cement concrete curbs &
gutters, stormwater drainage system; cement concrete sidewalks, or a street
lighting system along most of the street frontage.
The existing asphalt pavement section of these two streets is inadequate to
provide an expected 20-year service life and may be in need of an asphalt
overlay/rebuild in order to maintain an acceptable level of service while
accommodating the increased volume of trips being generated by this proposal
Streets and roadways, which do not provide adequate capacity for motor
vehicles, and streets that have fading pavement sections, result in increased air
pollution when compared to streets that comply with current standards and
provide adequate capacity and pavement section Similarly, intersections that
do not provide for adequate capacity also increase the levels of air pollution.
Southeast 240th Street is classified as a Minor Arterial Street Augmented with
Bike Lanes upon the City's Master Plan of Roadways, and is currently
constructed to existing street standards
116th Avenue Southeast is classified as a Residential Collector Arterial Street
Augmented with Bike Lanes upon the City's Master Plan of Roadways, which
will require: a minimum of 70-feet of public right-of-way; a 36-foot wide asphalt
roadway with three traffic lanes, plus two 5-foot wide in-street bike lanes,
combined vertical curbs & gutters, 5-foot planter strips, and 5-foot wide
concrete sidewalks on both sides of the street, a stormwater drainage system, a
City—approved street lighting system, public utilities, and other street
appurtenances when fully improved.
116th Avenue Southeast is currently not improved to its design standard, and
will require improvement / widening in conjunction with this development to
support this project and continued development in the area.
The total parcel has a size of 7.92 acres, and is currently being used as a
commercial nursery. The current Land Use Designation for the property would
Page 10 of 14
Decision Document
City of Kent CPA and
Implementing Zoning Map Amendments
#ENV-2003-(31-33)
allow for development of two (2) acres of neighborhood convenience
commercial, and thirty-six (36) single-family detached residential units
Applying ITE Land Use Code 820 (Shopping Center) for two (2) acres results in
an estimated 1,500 ADT and 87 PM peak hour trips, and the 5.92 acres of
single-family residential (ITE Land Use Code 210) results in an estimated 360
ADT and 36 PM peak hour trips. At present Land Use Designations, the entire
site would generate an anticipated 1,860 ADT and 123 PM peak hour trips for
this existing development.
If the entire 7 92 acres of the subject site and adjacent corner portion were
redeveloped as a shopping center (Land Use Code 820), the City estimates
that about 138,000 square feet of shopping center and appurtenant parking
could be constructed within the requirements for NCC. Applying ITE Land Use
Code 820 (Shopping Center), 138,000 square feet of gross leasable area
results in an estimated additional ADT of about 6,530 and about 397 additional
PM peak hour trips (assuming a 33% pass-by rate.)
Designating the entire parcel for neighborhood commercial could therefore
have a significant adverse traffic impact upon the adjacent City street network,
and the potential redevelopment will have to be reviewed carefully for adverse
traffic impacts at the time of development review All identified adverse traffic
impacts will have to be mitigated for as conditions of City approval for future
redevelopment projects.
This non-project development — a comprehensive plan amendment and rezone
- will permit significant and/or additional congestion at the following
intersections when redevelopment occurs:
Southeast 240th Street at 116th Avenue Southeast
Southeast 240th Street at 108th Avenue Southeast/SR-515
Southeast 240th Street at 132nd Avenue Southeast
Southeast 116th Avenue at Southeast 208th Street
Tho rn-en4 average a,.a. ♦r;;'.- I—\ ,.I rng Soufl:...,sl � .a.^.
approximately 24,000 vehicles Subsequent redevelopment of this parcel as a
result of this rezone could add up to an estimated 6,530 daily and 397 PM peak
hour trips to the local street system.
Mitigation of transportation impacts may include the completion of a
comprehensive traffic impact study to determine appropriate transportation
improvements. Other appropriate mitigation measures, such as contribution to
regional corridor projects, may be required at the time of development in
accordance with the City's concurrency management ordinance.
3. #ENV-2003-33 / #2032646 CITY OF KENT PARKS DEPARTMENT (CPA-
2003-4(C) AND CPZ-2003-4):
The proposed development project is located within the East Hill area of the*
City, and will take its primary access from Southeast 240th Street. This street
Page 11 of 14
Decision Document
City of Kent CPA and
Implementing Zoning Map Amendments
#ENV-2003-(31-33)
has an existing public right-of-way width of about 75-feet, while the asphalt
street width is currently about 58-feet wide. The existing street provides for five
lanes of traffic, and does have cement concrete curbs & gutters; a public
stormwater drainage system; cement concrete sidewalks; and a street lighting
system, but since this portion of Southeast 240th does not include bike lanes,
this street is currently not constructed to the appropriate street standards.
The proposed development also abuts 116th Avenue Southeast. This second
street has an existing public right-of-way width of about 60-feet, while the
asphalt street width currently varies from about 32-feet wide to about 40-feet
wide. The existing street provides for between two and three lanes of traffic, but
does not include the following other improvements: cement concrete curbs &
gutters; stormwater drainage system; cement concrete sidewalks, or a street
lighting system along the street frontage.
The existing asphalt pavement section of both of these streets is inadequate to
provide an expected 20-year service life and may be in need of an asphalt
overlay/rebuild in order to maintain an acceptable level of service while
accommodating the increased volume of trips being generated by this proposal
Streets and roadways, which do not provide adequate capacity for motor
vehicles, and streets that have failing pavement sections, result in increased air
pollution when compared to streets that comply with current standards and
provide adequate capacity and pavement section Similarly, intersections that
do not provide for adequate capacity also increase the levels of air pollution.
Southeast 240th Street is classified as a Minor Arterial Street Augmented with
Bike Lanes upon the City's Master Plan of Roadways, which will require- a
minimum of 90-feet of public right-of-way, a 56-foot wide asphalt roadway with
five traffic lanes plus two 5-foot wide in-street bike lanes; combined vertical
curbs & gutters and a 10-foot wide cement concrete sidewalk along both sides
of the street; a stormwater drainage system; a City-approved street lighting
system; public utilities, and other street appurtenances when fully improved.
116th Avenue Southeast is classified as a Residential Collector Arterial Street
Augmented with Bike Lanes upon the City's Master Plan of Roadways, which
will require: a minimum of 70-feet of public right-of-way, a 36-foot wide asphalt
roadway with three traffic lanes, plus two 5-foot wide in-street bike lanes,
combined vertical curbs & gutters, a 5-foot wide planter strip and 5-foot wide
concrete sidewalks on both sides of the street; a stormwater drainage system; a
City—approved street lighting system, public utilities, and other street
appurtenances when fully improved
Neither Southeast 240th nor 116th Avenue Southeast is currently improved to
its design standard, and both will require improvement/widening in conjunction
with the subsequent redevelopment of the subject parcel to support this project
and continued development in the area.
Page 12 of 14
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City of Kent CPA and
Implementing Zoning Map Amendments
#ENV-2003-(31-33)
The existing parcel has a size of about 1.82 acres, and is currently being used
as a single-family residence. Applying ITE Land Use Code 210 (Single Family
Residential) to full build-out under existing SR-6 zoning for the 1.82 acre
subject site results in a potential increase of up to 110 ADT and 11 PM peak
hour trips.
If the entire subject site is redeveloped as a shopping center (ITE Land Use
Code 820), the City estimates that about 32,000 square feet of gross leasable
area could be constructed within the requirements for NCC, resulting in an
estimated additional ADT of about 1,310 and about 75 additional PM peak hour
trips (assuming a 33% pass-by rate.)
Designating this parcel for neighborhood commercial could therefore have a
significant adverse traffic impact upon the adjacent City street network, and the
potential redevelopment will have to be reviewed carefully for adverse traffic
impacts at the time of development review. All identified adverse traffic impacts
will have to be mitigated for as conditions of City approval for future
redevelopment protects.
This non-project development — a comprehensive plan amendment and rezone
- will permit significant and/or additional congestion at the following
intersections when redevelopment occurs:
Southeast 240th Street at 116th Avenue Southeast
Southeast 240th Street at 108th Avenue Southeast/ SR-515
Southeast 240th Street at 132nd Avenue Southeast
Southeast 116th Avenue at Southeast 208th Street
The current average daily traffic (ADT) along Southeast 240th Street is
approximately 24,000 vehicles Subsequent redevelopment of this parcel as a
result of this rezone could add up to an estimated 1310 daily and 75 PM peak
hour trips to the local street system.
Mitigation of transportation impacts may include the completion of a
comprehensive traffic impact study to determine appropriate transportation
improvements. Other appropriate mitigation measures, such as contribution to
regional corridor projects, may be required at the time of development in
accordance with the City's concurrency management ordinance.
0. Public Services
On the whole, the proposals will require public services consistent with the
Comprehensive Plan, and other City operational documents.
P. Utilities
All of the proposals have basic utility services. Any of the proposals that might have
utilities impacts would be more appropriately addressed during the review of
development plans, as none of the proposals are anticipated at this time to hav
project-specific impacts.
Page 13 of 14
Decision Document
City of Kent CPA and
Implementing Zoning Map Amendments
#ENV-2003-(31-33)
IV SUMMARY AND RECOMMENDATION
A. It is appropriate, as per WAC 197-11-660 and RCW 43.21C 060 that the City of Kent
establish conditions to mitigate any identified impacts associated with this proposal.
Supporting documents for the following conditions and mitigating measures include:
1. City of Kent Comprehensive Plan, as prepared and adopted pursuant to the
1990 Washington State Growth Management Act.
2. The State Shoreline Master Program and the Kent Shoreline Master Program
3. Kent City Code Title 15, Zoning Code
4. Kent City Code Section 7.07, Surface Water and Drainage code.
5. City of Kent Transportation Master Plan, Green River Valley Transportation
action plan and six-year transportation improvement plan
6. Kent City Code Chapter 7 09, Wastewater Facilities Master Plan.
7. City of Kent Comprehensive water plan and conservation element.
8. Ordinance 3117, which adopted the City of Kent Construction Standards, and
Kent City Code Sections 6.02.010 and 6 02.020.
9. Kent City Code Chapter 6.07, Street Use Permit Requirements.
10. Kent City Code Chapter 14 09, Flood Hazard Protection,
11. Kent City Code Chapter 12 04, Subdivision Code.
12. Kent City Code Chapter 12.05 Mobile Home Parks, and Chapter 12 06
Recreation Vehicle Parks.
13. Kent City Code Section 8 05, Noise Control.
14. City of Kent Uniform Building and Fire Codes
15. Kent City Code Section 7.13, Water Shortage and Emergency Regulations and
Water Conservation Ordinance 2227.
16. Kent City Code Chapters 6.02 and 6 03, Required Public Improvements
17. Kent City Code Chapter 7 05, Storm and Surface Water Drainage Utility
18. City of Kent Comprehensive Sewer Plan.
19 City of Kent Fire Master Plan.
20. City of Kent Wetland Management Ordinance 3109.
21. City of Kent ESA Response Resolution 1605 (KCC 11 05)
KENT PLANNING SERVICES
October 20, 2003
WDO jm1S Term itlPlanlEnv120031ENV-2003-(31-33)doc
Page 14 of 14
• REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE
C. PUBLIC SAFETY COMMITTEE
D. PUBLIC WORKS
E. PLANNING COMMITTEE
F. PARKS COMMITTEE
G. ADMINISTRATIVE REPORTS / U IadV 0 s ,,, CAW-
p
REPORTS FROM SPECIAL COMMITTEES
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1
Operations Committee Minutes
October 21 , 2003
Committee Members Present Chair Rico Yingling, Leona Orr, Tim Clark
The meeting was called to order by Rico Yingling, Chair at 4 03 P.M
Two (2) items were added to the agenda by Deputy Police Chief Chuck Miller
APPROVAL OF MINUTES OF OCTOBER 7, 2003
Leona Orr moved to approve the minutes of the October 7, 2003, Operations Committee
meeting. The motion was seconded by Tim Clark and passed 3-0.
APPROVAL OF VOUCHERS DATED OCTOBER 15, 2003
Tim Clark moved to approve the vouchers dated October 15, 2003. Leona Orr seconded the
motion, which passed 3-0.
2004 LEGISLATIVE AGENDA
City of Kent Contract Lobbyist Doug Levy presented the City's Draft 2004 Legislative Agenda The City
of Kent annually adopts a Legislative Agenda stating the City's legislative positions and priorities This
document is used to communicate these priorities to Kent's State Legislative representatives The
document also serves as a work plan for the Mayor's Office staff and lobbyist in pursuing these issues
during the 2004 Legislative Session During the Session City staff will provide Council regular
Legislative updates and will request direction on emerging issues as they arise
Tim Clark moved to recommend that the City of Kent's Draft 2004 Legislative Agenda be
placed on the Consent Calendar for the November 4, 2003, Council Meeting adopting the 2D04
Legislative Agenda and recommending it for the Mayor's signature. The motion was
seconded by Leona Orr and passed 3-0.
KENT POLICE DEPARTMENT REQUESTS AUTHORIZATION TO APPLY FOR THE
WASHINGTON TRAFFIC SAFETY COMMISSION GRANT FOR 2003
Deputy Police Chief Chuck Miller presented the Kent Police Department's request for authorization
to apply for the Washington Traffic Safety Commission Grant for 2003 This grant will provide
overtime funding for DUI and seat belt violator campaigns The DUE campaign, "Drive Hammered —
Get Nailed" and the seat belt campaign, "Click-It Or Ticket" will begin on November 20, 2003, and
run through January 5, 2004 The goals of this program are to save live and previous serious
injuries on Washington's roadways by decreasing the number of DUI drivers and by increasing the
seat belt usage rate. The Washington State Traffic Commission will purchase medical spots that will
air before the enforcement begins to promote the program and attempt to educate motorist The
Kent Police Department will request the maximum funding level of $8,000 00
Tim Clark moved to recommend that the Kent Police Department Requests Authorization to
apply for the Washington Traffic Safety Commission Grant for 2003 be approved and placed
on the Consent Calendar for the November 4, 2003, Council Meeting authorizing Kent Police
2
Operations Committee, 10/7/2003
Department to apply for the Washington Traffic Safety Commission for 2003 and
recommending it for the Mayor's signature. The motion was seconded by Leona Orr and
passed 3-0.
KENT POLICE DEPARTMENT REQUESTS AUTHORIZATION TO APPLY FOR THE
WASHINGTON TRAFFIC SAFETY COMMISSION GRANT FOR 2004
Deputy Police Chief Chuck Miller presented the Kent Police Department's request for authorization
to apply for the Washington Traffic Safety Commission Grant for 2004. This grant will provide
supplemental overtime funding for DUI enforcement This DUI campaign will begin in January 2004,
and end by September 30, 2004, on November 20, 2003, and run through January 5, 2004 The
goals of this program are to save live and previous serious injuries on Washington's roadways by
decreasing the number of DUE drivers and by increasing the seat belt usage rate The Washington
State Traffic Commission will purchase medical spots that will air before the enforcement begins to
promote the program and attempt to educate motorist The Kent Police Department will request the
maximum funding level of$8,000 00
Tim Clark moved to recommend that the Kent Police Department Requests Authorization to
apply for the Washington Traffic Safety Commission Grant for 2003 be approved and placed
on the Consent Calendar for the November 4, 2003, Council Meeting authorizing Kent Police
Department to apply for the Washington Traffic Safety Commission for 2004 and
recommending it for the Mayor's signature. The motion was seconded by Leona Orr and
passed 3-0.
The meeting was adjourned at 4 49 P M
Renee Cameron
Operations Committee Secretary
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CONTIIINNUEED COMMUNICATIONS
A. C U I
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• EXECUTIVE SESSION
• ACTION AFTER EXECUTIVE SESSION
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