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City Council Meeting - Council - Agenda - 07/19/2005
'AGENDA , . [ [ City of Kent t City Council Meeting Agenda July 19, 2005 Mayor Jim White Julie Peterson, Council President Councilmembers Tim Clark Debbie Raplee Ron Harmon Les Thomas Deborah Ranniger Bruce White KENT WASHINGTON [ City Clerk's Office KENT CITY COUNCIL AGENDAS KENT July 19, 2005 WASH.NOTON Council Chambers MAYOR- Jim White COUNCILMEMBERS: Julie Peterson, President Tim Clark Ron Harmon Deborah Ranniger Debbie Raplee Les Thomas Bruce White ********************************************************************************* COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Prosperity Partnership Regional Economic Bob Drewel of Puget 30 min Development Strategy Sound Regional Council 2. Municipal Lot Block Update Nathan Torgelson 30 min ********************************************************************************* ICOUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF L B. FROM THE PUBLIC— Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. National Night Out Proclamation of n tccs , 5. PUBLIC HEARI'VS ca+-'A None 6. CONSENT CALENDAR A. Minutes of Previous Meeting —Approve B. Payment of Bills — Approve C. Pacific Highway South High Occupancy Vehicle Lanes, S. 272nd to S. 252nd Joint Utility Trench Project—Accept as Complete D. Fourth and Smith Joint Utility Trench Project— Accept as Complete E. Washington Traffic Safety Commission Grant—Accept F. Graham Rezone Ordinance—Adopt (QUASI-JUDICIAL PROCEEDING) . A-p fo l n-rees, C©n t ma l4n b� — Can 'r Wv (Continued on Back) COUNCIL MEETING AGENDA CONTINUED 7. OTHER BUSINESS A. Pfaff Rezone—Approve (QUASI-JUDICIAL PROCEEDING) B. Council Meeting Time Change—Approve C 36th Avenue South Street Vacation Resolution Rescheduling Hearing—Adopt 9 C omN6 ( P(-e s j dR na f 8. BIDS A LID 353: S 228th Street Corridor, Bolger Road Grading—Award 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS A. ►'V1e+(-0 Coridif�ond Use Issue. 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Pending Litigation B. Potential Litigation 12. ADJOURNMENT NOTE. A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. The Agenda Summary page and complete packet are 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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A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC PUBLIC COMMUNICATIONS A) NATIONAL NIGHT OUT PROCLAMATION 'f i i i i i CONSENT CALENDAR 6. City Council Action: nn Councilmember M Ulf moves, Councilmember AIV seconds to approve Consent Calendar Items A through! Discussion Action M� 6A. Approval of Minutes. Approval of the minutes of the regular Council meeting of July 5, 2005. 6B Approval of Bills. Approval of payment of the bills received through June 1 and paid on June 15 after auditing by the Operations Committee on July 5, 2005. Approval of checks issued for vouchers. Date Check Numbers Amount 6/15/05 Wire Transfers 2073-2087 $1,349,63187 6/15105 PrePays & 579087 2611629 94 6/15/05 Regular 579802 1,076,786 37 5/16/05 Use Tax Payable 2,003.67 $2,690,051.85 Approval of payment of the bills received through June 16 and paid on June 30 after auditing by the Operations Committee on July 5, 2005. Approval of checks issued for vouchers: Date Check Numbers Amount 6/30/05 Wire Tranfers 2088-2100 $1,151,086 89 6/30/05 PrePays & 5749803 1,980,762.58 6/30/05 Regular 580445 3,374,093 90 6/30/05 Use Tax Payable 2,41208 $6,508,355.45 (continued on back) • K E N T Kent City Council Meeting W"s"'"GTG" July 5, 2005 The regular meeting of the Kent City Council was called to order at 7:00 p.m by Mayor White Councilmembers present Clark, Harmon, Ranmger, Raplee, Thomas and White. Council President Peterson was excused from the meeting (CFN-198) CHANGES TO AGENDA A From Council, Administration, or Staff. (CFN-198) Mayor White added Consent Calendar Items R and S and introduced those appointees in attendance. CAO Martin added a second item of Pending Litigation to the Executive Session B From the Public. (CFN-198) At the request of Bob O'Brien, Continued Communications Item A was added to the agenda 1 PUBLIC COMMUNICATIONS A Employee of the Month Award. (CFN-147) Mayor White announced that Debra LeRoy of the Police Department is the Employee of the Month. B. Economic Development Update. (CFN-198) No report was given. CONSENT CALENDAR CLARK MOVED to approve Consent Calendar Items A through S. White seconded and the motion carried A Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of June 21, 2005 were approved B. Approval of Bills. (CFN-104) Numbers were not available for approval. C. Pacific Highway South HOV Lanes Project Quit Claim Deed. (CFN-1038) The Mayor was authorized to execute a Quit Claim Deed turning a portion of City property along Pacific Highway South in the vicinity of South 268t' Street into street right of way subject to the City Attorney and Public Works Director's concurrence of the language D Transportation Improvement Board Grant Agreement for East Valley Highway. (CFN-1038) The Mayor was authorized to sign the Transportation Improvement Board"Fuel Tax Grant Distribution Agreement" for the East Valley Highway Project, staff were directed to accept the grant and to establish a budget for the funds to be spent within said project. E. Spears Engineering Contract for Various Construction Projects. (CFN-1038) The Mayor was authorized to sign the Consultant Services Agreement with Spears Engineering for$600,000 to provide inspection services for a variety of projects upon concurrence by the City Attorney and the Public Works Director. 1 Kent City Council Minutes July 5, 2005 F. Street Vacation, Portion of 1st Avenue North, Resolution Setting Hearing Date. (CFN-102) Resolution No 1702 setting a public hearing for August 16, 2005, for a Street and/or Alley Vacation Application and Petition filed by Tarragon, LLC, to vacate a portion of 1st Avenue North Just south of James Street was adopted G. Alley Vacation, Municipal Lot Block, Resolution Setting Hearing Date. (CFN-102) Resolution No. 1703 setting a public hearing date of August 2, 2005, for the Municipal Lot Block alley vacation was adopted. H. 2005 Public Art Projects. (CFN-118) The proposals from artists for public art projects at East Hill Skate Park, Service Club Ball Park and Titus Railroad Park were approved and entering into agreements with the selected artists was authorized. I. Greater Seattle Intergroup 2005 Lease Agreement with Kent Commons. (CFN-503) The Mayor was authorized to sign the agreement with Greater Seattle Intergroup to lease office space at Kent Commons. The lease agreement is for rental of 107 8 square feet of office space at Kent Commons for the Alcoholics Anonymous Bookstore. J. Soroptimist Donation for Service Club Park. (CFN-104) The $10,000 donation from Soroptimist International for Service Club Park development was accepted and the expenditure of funds in the Service Club Ball Fields budget was authorized K. West Fenwick Park Picnic Shelter Restroom Design Consultant Agreement. (CFN-118) The Mayor was authorized to sign the Consultant Agreement with David A Clark Architect, PLLC in the amount of$30,388 45, to develop design and construction drawings for the restroom and new picnic shelter at West Fenwick Park, upon review by the City Attorney. L. Service Club Park Picnic Shelter Concession/Restroom Design Consultant Agreement. (CFN-118) The Mayor was authorised to sign the Consultant Agreement with David A Clark, PLLC in the amount of$47,796.97, to develop design and construction drawings for a concession stand, picnic shelter and restroom at Service Club Park, upon review by the City Attorney. M Facility Space Lease Renewal for Kidde Fire Trainers. (CFN-122) The Mayor was authorized to sign the lease agreement with Kidde Fire Trainers Recently the Fire Department needed to take back approximately '/z of the square footage that was previously being used by Kidde Fire Trainer so that breathing apparatus fit testing can be done in one location. The lease agreement has been changed to reflect the business name, reduced size of space, reduced monthly lease payment, and is for the remaining six (6) months of 2005. N. Federal Emergency Management Association (FEMA) Emergency Management Plan Grant. (CFN-122) A grant in the amount of$66,731 from the Washington Military Department to supplement local budget expenditures through the Federal Emergency Management Agency (FEMA) Emergency Management Performance Grant (EMPG), was accepted and the Mayor was authorized to sign the contract to receive funds. 2 Kent City Council Minutes July 5, 2005 O. Surplus Three Decommissioned Aid Units. (CFN-136) Surplus of the three (3) aid vehicles listed below and placement of the funds received from the sale of this apparatus into the Fire Maintenance Shop Renovation capital account was authorized 1989 Ford—VIN#74313 —Apparatus #737 1995 Ford—VIN#26879 —Apparatus #763 1989 Ford—VIN#74312 — Apparatus #736 P King County Citizen Corps Grant & Agreement. (CFN-122) Grant funds from the King County Office of Emergency Management were accepted and establishment of a budget was authorized The grant funds will be used to design and produce a Neighborhood Watch booklet designed specifically for Kent and all other King County residents which will be available in both print and PDF format. Q Traffic Safety School. (CFN-122) Kent Police Department's Drinking Driver Task Force (DDTF) traffic safety school and establishment of a budget was authorized. ADDED R. Excused Absence. (CFN-198) An excused absence from tonight's meeting for Council President Peterson was approved ADDED S. Appointments. (CFN-198) The Mayor's appointees as follows were confirmed- Mr. Tim Gimenez to serve as a member of the Kent Land Use and Planning Board, Mr Dave Durbin to serve as a member of the Kent Drinking Driver Task Force; and Ms Judy Lee to serve as a member of the Kent Arts Commission. OTHER BUSINESS A. Graham Rezone(Quasi-Judicial Proceeding). (CFN-121) Kevin Graham has requested to rezone .34 acres of property from SR-2 to SR-6, Single Family Residential The property is located at 22521 94`" Avenue South. The Kent Hearing Examiner held a Public Hearing on May 18, 2005, and issued Findings, Conclusions, and a Recommendation for approval on June 2, 2005 Sharon Clamp of Community Development gave a brief explanation of the rezone and answered questions from Council CLARK MOVED to accept the Findings, Conclusions and Recommendation of the Hearing Examiner on the Graham Rezone and to direct the City Attorney to prepare the necessary ordinance White seconded and the motion carried BIDS A Three Friends Fishing Hole. (CFN-118) The bid opening was held on June 21, 2005, with two (2) bids received The apparent low bid was submitted by LW Sundstrom, Inc in the amount of S473,062, plus Washington State Sales Tax (WSST) Lori Flemm of the Parks Department explained that due to the cost of steel, concrete will be used RANNIGER MOVED that the Mayor be authorized to enter into an agreement with LW Sundstrom, Inc. in the amount of $473,062, plus Washington State Sales Tax (WSST) to complete the Three Friends Fishing Hole Project Raplee seconded and the motion carried. 3 Kent City Council Minutes July 5, 2005 REPORTS G. Administrative Reports. (CFN-198) Martin reminded Councilmembers of the two items of pending litigation for the Executive Session, and noted that it will take approximately,20 minutes and that no action afterward is expected. CONTINUED COMMUNICATIONS A. Lawsuit and Public Parking. (CFN-198) Bob O'Brien, 1131 Seattle Street, voiced concern about the current lawsuit regarding Police overtime, and about parking near the Municipal Lot Block. EXECUTIVE SESSION The meeting recessed to Executive Session at 7:18 p m and reconvened at 8:15 p.m. (CFN-198) ADJOURNMENT At 8:15 p.m., THOMAS MOVED to adjourn. Harmon seconded and the motion carried. (CFN-198) Brenda Jacober, CMC City Clerk 4 Kent City Council Meeting Date July 19, 2005 Category Consent Calendar 1. SUBJECT: PACIFIC HIGHWAY SOUTH HIGH OCCUPANCY VEHICLE LANES, S 272ND TO S. 252ND JOINT UTILITY TRENCH PROJECT— ACCEPT AS COMPLETE i 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the Pacific Highway South HOV South 272nd to South 252nd Joint Utility Trench project as complete and release the retainagc to Pilchuck Diversified Services upon standard releases from the state and release of any liens. The original contract amount was $1,136,744 30. The final contract amount was $1,218,346.51. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6C Kent City Council Meeting Date July 19, 2005 Category Consent Calendar 1. SUBJECT: FOURTH AND SMITH JOINT UTILITY TRENCH PROJECT— ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: As recommended by the Public Works Director, accept the 4`f' and Smith Joint Utility Trench project as complete and release the retamage to Rodarte Construction, Inc. upon standard releases from the state and release of any liens. The original contract amount was $404,342 00. The final contract amount was $35t,511.28. 3. EXHIBITS: None 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5 FISCAL IMPACT Expenditure? X Revenue? X Currently inthe Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds t DISCUSSION: ACTION: Council Agenda Item No 6D t Kent City Council Meeting Date July 19, 2005 Category Consent Calendar 1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT — ACCEPT 2. SUMMARY STATEMENT: The Washington Traffic Safety Commission(WTSC) has awarded the Kent Police Department grant funds in the amount of$9,500 00 which will be used to purchase fixed mount speed advisory signs to be used to slow traffic on high incident arterials and corridors. No matching funds are required. 3. EXHIBITS: Notification letter from WTSC dated 6/8/05 4. RECOMMENDED BY: Operations Committee 7/5/05 (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? Y Revenue? Y Currently in the Budget9 Yes No X If no: Unbudgeted Expense: Fund N00805 Amount $9,500 00 Unbudgeted Revenue. Fund N00805 Amount $9,500 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E �F STATE,rjr v 1A99 STATE OF WASHINGTON WASHINGTON TRAFFIC SAFETY COMMISSION 1000 S.Cherry St.,PO Box 40944 • Olympia, Washington 98504-0944 • (360) 753-6197 I 8 June 2005 Jim Miller, Captain Kent Police Department 220 Fourth Avenue South Kent, Washington 98032-5895 Dear Captain Miller: On behalf of the Washington Traffic Safety Commission, I am pleased to inform you that your agency has been awarded a grant in an amount not to exceed $9,500.00 to purchase three fixed mount speed advisory signs to be used to slow traffic on identified high incident arterials and corridors. Please pay for the speed advisory signs using your normal agency procedures and then submit an invoice for reimbursement to me. Please use the following reimbursement procedure: 1. Your agency must be billed for the costs. 2. Your agency must pay the bill. 3. Your agency must submit a copy of your bill with the attached Invoice Voucher (A19-1A Form) to me at the Washington Traffic Safety Commission for reimbursement. Please note that we cannot accept these documents by FAX. Be sure to have your agency identified as the "Claimant", a Federal Tax ID #, and an original signature of your agency head on the A-19 Form. 4. Your agency will be reimbursed when the A-19 Form and copy of your bill are received in our office. Because the date of this grant authorization and the close of our fiscal year are fairly close together, your agency must purchase this equipment, pay for it, and submit the reimbursement request to me prior to September 30, 2005. I know this is a quick turn-around but I do not want to see you lose this funding because your request for reimbursement was filed after we closed our books. It was a real pleasure working with Sergeant Pat Lowery. He is certainly one of the most enthusiastic and creative officers I have worked with. He has been an anchor of our Ad Hoc Committee on Street Racing and now has a national reputation for his expertise. If you have questions or if I can be of further service, please contact me by telephone at 360.753.3022 or by email at pnerup@wtsc.wa.gov. Sincerely, Penny Nerup, Program Manager Police Traffic Services Kent City Council Meeting Date July 19, 2005 Category Consent Calendar 1. SUBJECT: GRAHAM REZONE ORDINANCE— ADOPT (QUASI-JUDICIAL PROCEEDING) 2. SUMMARY STATEMENT: Adoption of Ordinance No. relating to land use and zoning, specifically the rezoning of approximately .34 acres of property located at 22521 941h Avenue South from Single Family Residential 2 units per acre (SR-2) to Single Family Residential 6 units per acre (SR-6). (Graham Rezone, #RZ-2005-2). The rezone was approved by Council on July 5, 2005 at which time the Council directed the City Attorney to prepare the attached ordinance. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Hearing Examiner (Committee. Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No f Currently in the Budget9 Yes No i If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F r r r ORDINANCE NO. 1 AN ORDINANCE of the City Council of the City of Kent, Washington, relating to land use and zoning, specifically the rezoning of approximately .34 acres of property located at 22521 94`h Avenue South from Single Family Residential .' units per acre (SR-2) to Single Family Residential 6 units per acre (SR-6). (Graham Rezone, #RZ-2005-2). I RECITALS r A. An application to rezone approximately .34 acres of property located at 22521 94`h Avenue South, Kent, Washington from the current zoning of Single Family Residential 2 units per acre (SR-2) to Single Family Residential 6 units per acre (SR-6) was filed on January 31, 2005, by Kevin Graham (Graham Rezone, #RZ-2005-2). rB The City's SEPA responsible official issued a Determination of Nonsignificance (DNS) (#ENV-2005-7) for the proposed rezone on April 18, 2005, and a public hearing on the rezone was held before the hearing examiner on May 18, 1 2005. I C. On June 2, 2005, the hearing examiner issued findings and conclusions that the Graham Rezone is consistent with the crty's Comprehensive Plan, that the proposed rezone and subsequent development activity would be compatible with the development in the vicinity, that the proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts that cannot be mitigated, that circumstances have changed since the establishment of 1 Graham Rezone r the current zoning district to warrant the proposed rezone, and that the proposed rezone will not adversely affect the health, safety, and general welfare of the citizens of the City of Kent. D. Based on these findings and conclusions, the hearing examiner recommended approval of the Graham Rezone. E. On July 5, 2005, the City Council determined that the hearing examiner's findings and conclusions are consistent with sections 15.09.050(A)(3) andl5.09.050(C) of the Kent City Code, accepted the findings of the hearing examiner, and adopted the hearing examiner's recommendation for approval of the Graham Rezone from Single Family Residential 2 units per acre (SR-2) to Single Family Residential 6 units per acre (SR-6) NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Rezone The property located at 22521 941h Avenue South, Kent, Washington consisting of approximately .34 acres depicted in Exhibit "A" (marked "Graham Rezone"), attached and incorporated by this reference, and legally , described in Exhibit "B", attached and incorporated by this reference, is rezoned as follows: King County tax parcel numbers 182205-9303 shall be rezoned from , Single Family Residential 2 units per acre (SR-2) to Single Family Residential 6 units per acre (SR-6). The City of Kent zoning map shall be amended to reflect the rezone granted above. f 2 Graham Rezone SECTION 2. — Severability. If any one or more sections, sub-sections, or ' sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect SECTION 3. —Effective Date This ordinance shall take effect and be in force five (5) days from and after its passage as provided by law. 1 JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of July, 2005. APPROVED: day of July, 2005. PUBLISHED: day of July, 2005. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. t (SEAL) BRENDA JACOBER, CITY CLERK P\Cw�P,ORDINANCEVtceone-Graham doC 3 Graham Rezone t 1 I ' I e J , Ml 1 =FILI I ll APPLICATION NAME:GRAHAM REZONE REQUEST: #RZ-2005-2 vlCINTIY MAP EXHIBIT "A" r LEGAL DESCRIPTION: r THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 18 , TOWNSHIP 22 NORTH, RANGE 5 EAST W.M. , DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 496 FEET SOUT14 OF THE NORTHWEST CORNER OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4; THENCE EAST TO THE WEST LINE OF THE COUNTY ROAD (94TH AVENUE SOUTH) AND THE TRUE POINT OF BEGINNING; THENCE WEST 186 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF THE COUNTY ROAD (94TH AVENUE SOUTH) 80 PTET; THENCE EAST TO THE WEST LINE OF SAID COUNTY ROAD ; THENCE NORTH ALONG SAID WEST LINE, 60 FEET TO THE TRUE POINT 0? BEGINNING; SITUATE IN TI4E CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. i i 1 EXHIBIT "B" i - n i Kent City Council Meeting Date July 19, 2005 Category Other Business 1. SUBJECT: PFAFF REZONE— APPROVE (QUASI-JUDICIAL PROCEEDING) 2. SUMMARY STATEMENT: This is a request by Kurt Wilson to rezone 19.57 acres of property from SR-4.5 to SR-6, Single Family Residential. The property is located at 27864 124th Avenue SE. The Kent Hearing Examiner held a Public Hearing on April 6, 2005 which was continued to June 8, 2005, and issued Findings, Conclusions, and a Recommendation for approval on June 23, 2005. ' 3. EXHIBITS: Staff report with map; Hearing Examiner Findings, Conclusions and Recommendation 4. RECOMMENDED BY: Hearinz Examiner (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no. Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: (� Councilmember C, &t moves, Councilmember P-Q"' o-A seconds to accept/re_}gc� the Findings, Conclusions and Recommendation of the Hearing ' Examiner on the Pfaff Rezone and to direct the City Attorney to prepare the necessary ordinance DISCUSSION: ACTION: Council Agenda Item No. 7A ' COMMUNITY DEVELOPMENT Fred N Satterstrom, Director ' PLANNING SERVICES • Charlene Anderson,AICP, Manager KENT Phone 253-856-5454 WASHINGTON Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 ' KENT PLANNING SERVICES (206) 856-5454 STAFF REPORT FOR HEARING EXAMINER MEETING OF 1 APRIL 6, 2005 FILE NO- Pfaff Rezone #RZ-2004-6 KIVA#2044106 APPLICANT Kurt Wilson SBI Developing, LLC PO Box 73790 Puyallup, WA 98373 REQUEST- A request to rezone 19 57 acres of property from SR-4 5 single family residential to SR-6, single family residential STAFF REPRESENTATIVE- Sharon Clamp, Planner STAFF RECOMMENDATION: APPROVAL IGENERAL INFORMATION A Description of the Proposal The applicant proposes to rezone 19 57 acres from the current zoning of SR-4 5 single family residential to SR-6 single family residential B. Location The subject property is located at the 27864 1241" Avenue SE and is identified by King County Tax Parcel number 3322059020 C. Size of Property eThe property consists of one 19 57 acre parcel. r Staff Report ' Pfaff Rezone #RZ-2004-6 KIVA #2044106 , D. Zoning Properties surrounding the site in all directions are zoned SR-4 5 Single Family Residential E. Land Use The property has supported farming/livestock activities since 1957 and is ' primarily open pasture with a house, barn, and a few other small out-buildings on the site The City of Kent Comprehensive Plan designates the property as SF-6, Single Family six units per acre F. History The property is part of the 3386-acre Meridian Annexation annexed to the City of ' Kent on January 1, 1996 under Ordinance No. 3241 II. ENVIRONMENTAL CONSIDERATIONS A Environmental Assessment , A Determination of Nonsignificance (ENV-2004-76) for the rezone proposal was issued on March 8, 2005 No conditions for this rezone request were proposed B Significant Physical Features r Topography. Wetlands and Vegetation The site is generally flat with a small area of an approximately 20 percent slope near the southwest corner of the property The vegetation on site consists of , black cottonwood and fir trees, shrubs, grass, pasture and wet soil plants There are farm ponds and wetlands on the site C Significant Social Features 1 Street System The site has frontage along 124th Avenue SE, and is located at approximately the northeast corner of SE 280th Street and 1241h Avenue SE Upon future development of the property, road and street frontage improvements to meet City of Kent roadway standards will be required as conditions of approval These improvements include but are not limited to curb, gutter sidewalks, planting strips, street lighting, paving, necessary street improvements, and public stormwater conveyance As a non-project action, this rezone will have no impacts on the , transportation system at this time However, upon development of the Page 2 of 9 ' Staff Report Pfaff Rezone ' #RZ-2004-6 KIVA#2044106 subject property, this proposed rezone could potentially result in the creation of 30 more PM Peak Hour Trips upon the City's street system than would be generated under the existing zoning designation based on the maximum densities allowed ' 2. Water System The site receives water service from Water District 111. 3. Sanitary Sewer System The site receives sanitary sewer service from the City of Kent 4. Stormwater System A stormwater system will be necessary to accommodate any subsequent development The developer will be required to complete a drainage analysis and develop and submit drainage plans prepared in accordance with the 2002 City of Kent Surface Water Design Manual and the 1998 King County Surface Water Design Manual D. CONSISTENCY ANALYSIS The proposed rezone is consistent with the goals and policies of the City of Kent Comprehensive Plan III CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: Police Department Economic Develop Manager Director of Public Works Fire Chief Parks & Recreation Director City Clerk City Attorney Kent School District U S Post Master WA Dept of Ecology Washington State DOT K C Wastewater Treatment Puget Sound Energy King Co Environmental Health Qwest King Co Transit Division Water District 111 Kent School District ' In addition to the above, all persons owning property which lies within 300 feet of the site were notified of the application and of the public hearing A Notice of Application was posted on the site and published in the King County Journal on January 10, 2005 The City has received written public comments from citizens These letters contained comments on both the proposed rezone and a separate site specific development proposal for a 100-lot subdivision as the applicant has submitted additional and separate applications for a preliminary plat and environmental review of the preliminary plat The Page 3 of 9 Staff Report , Pfaff Rezone #RZ-2004-6 KIVA#2044106 , site specific preliminary plat and associated SEPA applications currently remain under review by City staff One comment letter was received on January 24, 2005 from Daryl and Susan Remillard, residing at 12740 SE 280`h Street The Remillard's expressed concerns regarding the impacts of future development of the site Amending the City's zoning map is considered a non-project action under the State Environmental Policy Act, and any subsequent development proposal for the property will require additional review in conjunction with the project specific proposal A second public comment letter was received on January 24, 2005 from the Kent Neighborhood Alliance This organization expressed concerns regarding several issues related to subdivision development of the property Again, a separate development proposal for the property will require additional review The Kent Neighborhood Alliance also expressed concerns regarding City processes such as when a project specific application can be submitted Kent City Code ' Section 12 01 030 C allows for optional consolidated permit processing and permits an applicant to ask that the application be treated collectively or individually Thirdly, the Kent Neighborhood Alliance has requested a formal written opinion from the City Attorney regarding vesting and wetland matters, as of the date of this report, this response is forthcoming IV PLANNING SERVICES REVIEW , A. Comprehensive Plan ' In 2004 the Kent City Council adopted an update to the Kent Comprehensive Plan which represented revisions to demographics, housing and employment forecasts, and relevant goals and policies affected by the referenced inclusion of ' pertinent local and regional policy documents As with the 1995 plan, the 2004 update was prepared under the provision of the Washington State Growth Management Act The comprehensive plan, through its goals and policies, presents a clear expression of the City's vision of growth for citizens, the development community, and other public agencies The plan is used by the Mayor, City Council, Land Use and Planning Board, Hearing Examiner, and the city departments to guide decisions on amendments to the City's zoning code and other developed regulations, which must be consistent with the plan, as well as guide decision making about the funding and location of the capital improvement projects LAND USE ELEMENT The Land Use Element of the plan contains a Land Use Plan Map, which designates the type and intensity of land uses throughout the city, as well as in the entire potential annexation area The Land Use Plan Map designates the subject property as SF-6, Single Family Residential which allows six units per acre The land use element also contains goals and policies relating to the location, density, and design of future development in the City and in the Potential Annexation Area Page 4 of 9 rStaff Report Pfaff Rezone ' #RZ-2004-6 KIVA#2044106 Overall Goal- Encourage a future growth and development pattern which ' implements the community's vision, protects environmentally sensitive areas, and enhances the quality of life of all of Kent's residents Goal LU-9 Provide adequate land and densities to accommodate the adopted 20 year housing target of 4,284 new dwelling units within the existing city limits, and through an interlocal agreement with King County, adopt the housing target of 619 new dwelling units within Kent's Potential Annexation Area Policy LU-9 1• Where appropriate, establish urban residential densities of at least four (4) units per net developable acre in order to adequately support urban densities Policy LU-9 4• Locate housing opportunities with a variety of densities within close proximity to employment, shopping, transit, and where possible, near human and community services Goal LU-10• Provide opportunities for a variety of housing types, options, and densities throughout the City and the Potential Annexation Area to meet the housing needs of the region's changing demographics Policy LU-10 4 Allow single family housing on a variety of lot sizes Locate smaller lot sizes within close proximity to the Urban Center or Activity Centers wherever possible ' Planning Services Comment ' The goals and policies of the land use element support the proposed rezone The proposed location is located near existing urban services and infrastructure The City supports the development of close-in vacant or underdeveloped properties ' which limits further urban sprawl on the edges of the planning area In addition, infill development provides a more efficient means of providing services and enhancing pedestrian mobility Also, one of the objectives of the comprehensive plan is to provide a wide variety of housing types and opportunities to accommodate projected population growth without converting single family lands to multifamily residential Development of single family subdivisions on underdeveloped, single family zoned land is consistent with this objective. Growth Management Hearings Board decisions have determined that lands within urban growth areas should be divided at a minimum of four dwelling units ' per net acre to ensure efficient provision of urban services The zoning district SR-6 allows 6 05 dwelling units per acre and a minimum lot size of 5,700 square feet HOUSING ELEMENT Goal- Meet the current and future need for housing in the Kent area Ensure opportunities and an appropriate living environment for Kent citizens Page 5 of 9 Staff Report , Pfaff Rezone #RZ-2004-6 KIVA#2044106 , Goal H-2 Promote the organization an enhancement of neighborhoods, and provide the opportunity for comfortable and well maintained housing for all citizens Policy H-2 2 Support housing with appropriate amenities for individuals, families ' and children Goal H-5 Increase housing opportunities through a diversity of housing types ' and the innovative use of residential and commercial land Policy H-5 1: Expand the range of affordable housing choice available to meet , the needs of both current Kent residents and residents projected in growth estimates Policy H-5 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, and small lot sizes Policy H-5 3• Promote diversity of housing types affordable to a range of income levels and cultural/ethnic diversity Goal H-7 Encourage flexibility and innovative site and building design for a variety of housing developments to expand home ownership Policy H-7 5 Revise zoning and development standards to provide options that ' increase the supply of affordable home ownership opportunities, such as small lot sizes, zero lot Imes, manufactured housing, townhouses, condominiums, , clustering, cottage and attached single family housing Planning Services Comment ' The proposed rezone is supported by relevant goals and policies of the housing element. Appropriate services, including, but not limited to, fire, police, medical services, neighborhood shopping and child care are easily accessible to neighborhood residents upon development of the subject property The proposed rezone increases the amount of land zoned for current and projected ' residential needs including single family housing and smaller lot sizes TRANSPORTATION ELEMENT Goal TR-1 Coordinate land use and transportation planning to meet the , needs of the City and the requirements of the Growth Management Act. Policy TR-1 2 Coordinate new commercial and residential development in Kent with transportation projects to assure that transportation facility capacity is sufficient to accommodate the new development, or a financial commitment is in , Page 6 of 9 ' Staff Report Pfaff Rezone ' #RZ-2004-6 KIVA#2044106 place to meet the adopted standard within six years, before allowing it to proceed Policy TR-1 5 Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible Planning Services Comment ' The Growth Management Act requires consistency between land use and transportation planning As noted, the Land Use Plan identifies the area of the rezone as SF 6 Single Family Residential When developed in the future, a new development will add to the connectivity of the surrounding neighborhoods by completing the previous road connections anticipated to occur through the site The City's Public Works Department will identify specific improvements which will ' be necessary along the 124th Avenue SE property frontage to serve future development of the property and accommodate the higher density permitted under this rezone B Standards and Criteria for Granting a Request for Rezone The following standards and criteria (Kent Zoning Code, Section 15 09 050) are used by the Hearing Examiner and City Council to evaluate a request for a rezone Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria 1. The proposed rezone is consistent with the Comprehensive Plan. Planning Services Comment The Comprehensive Plan Land Use Plan Map designates the subject property as SF 6, Single Family Residential which allows up to six units per acre A rezone of the site from SR-4 5 Single Family Residential to SR-6 Single family Residential will allow residential development up to six units per acre, which is also allowed under the Comprehensive Plan As previously mentioned, the proposed rezone is also consistent with the applicable goals and policies of the Comprehensive Plan 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Planning Services Comment The proposed rezone and subsequent development of the site would be compatible and integrate well with the existing development in the vicinity The subject property is surrounded to the north, east and west by the plats of Kent Ridge Estates and Sun Meadows Properties located to the south are developed with single family residents on large lots which have future development ' Page 7 of 9 t Staff Report ' Pfaff Rezone #RZ-2004-6 KIVA#2044106 potential Subsequent development of the site will include single family, detached residential homes constructed on individual lots 3. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. Planning Services Comment A rezone of this property to SR-6 Single Family Residential will not generate , additional trips onto the existing transportation system However, future development of a subdivision will add trips to the local street system Upon , future development of the site, road and street frontage improvements to meet the City of Kent roadway standards will be required as conditions of approval. These improvements include but are not limited to curb, gutter, sidewalks, , planting strips, street lighting, paving, necessary street improvements, and public stormwater conveyance The applicant will be required to participate in other City transportation improvement projects by providing an environmental ' mitigation fee for the impacts created by future development 4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Planning Services Comment The subject parcel was annexed to the City of Kent on January 1, 1996 and is primarily open pasture developed with a house, barn, and a few other small out- buildings In 2004, the Kent City Council adopted an update to the Kent Comprehensive Plan which designates this area as SF-6 Single Family Residential Along with ' the Land Use Plan Map and Policies, the plan also contains a target for the number of new households the City must accommodate for the 20-year time horizon of the plan The GMA also states the City's development regulations , must implement, and be consistent with the Comprehensive Plan Higher density single family development with smaller lot sizes while recognizing significant environmental features is consistent with the goals and policies of the , Comprehensive Plan Upon annexation in 1996, zoning for the area was set at SR-4 5 which was consistent with existing land use patterns and represented what was actually built at that time Since that time significant improvements to roadway infrastructure in the immediate area were completed, specifically the South 272nd/277th Street Corridor located to the west of the site This corridor provided roadway connectivity from the East Hill area of Kent to the valley floor and provides direct freeway access for residents coming off the Kent East Hill Page 8 of 9 ' ' Staff Report Pfaff Rezone ' #RZ-2004-6 KIVA#2044106 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Planning Services Comment The proposed rezone is consistent with the intent of the Comprehensive Plan Subsequent development on the site will be required to meet applicable codes and regulations, including mitigation of anticipated environmental impacts ' Therefore, the rezone proposal will not adversely affect the health, safety and general welfare of the citizens of the City of Kent V CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a rezone, the ' City staff recommends APPROVAL without conditions of the Pfaff rezone ' KENT PLANNING SERVICES March 30, 2004 S Term it\Planlrezone\2004\2044106-2004-6report doc 1 1 ' Page 9 of 9 VIA vc, 16 It it] LJ 161% j TF V i 'V 71-Mt APPLICATION NAME: PFAFF REQUEST: #RZ-2004-6 SITE MAP REZONE MAP i OFFICE OF THE LAND USE HEARING EXAMINER Theodore P Hunter Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO. PFAFF #RZ-2004-6 KIVA #RPP4-204416 APPLICANT: Kurt Wilson SBI Developing LLC REQUEST: A request to rezone 19 57 acres of property from ' SR-4 5, Single Family Residential, to SR-6, Single Family Residential LOCATION: 27864 124th Avenue SE APPLICATION FILED: December 3, 2004 DETERMINATION OF NONSIGNIFICANCE ISSUED March 8, 2005 MEETING DATE: April 6, 2005 continued to June 8, 2005 RECOMMENDATION ISSUED- June 23, 2005 RECOMMENDATION: APPROVED STAFF REPRESENTATIVE- Sharon Clamp, Planning Services PUBLIC TESTIMONY: Eric LaBrie representing applicant EXHIBITS: 1. Staff report dated April 6, 2005 with the following attachments A Vicinity Map B Zoning Map C. Rezone Application, with project description and responses to criteria D Public Correspondence Findings, Conclusions and Decision Hearing Examiner for the City of Kent Pfaff #RZ-2004-6 (KIVA #2044106) Page 1 of 10 r E. City Department Routing and Responses F. Public Notice Documents, including affidavits, mailing list and publication correspondence G Notice of Application Documents, including affidavits, distribution list and publication correspondence H. Determination of Nonsignificance, dated March 8, 2005 An open record hearing was opened on April 6, 2005, but continued until June 8 in order to consolidate the hearing with an open record appeal hearing on the threshold determination made by the City under the State Environmental Policy Act (SEPA) During a break in the June 8 consolidated hearing, an agreement was reached between ' the parties to the SEPA appeal As part of that agreement, the open record appeal was dismissed Thus, the recommendation below is solely on the application for a rezone following an open record hearing on the application on June 8. Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearings Examiner enters the following Findings, Conclusions and Recommendation: FINDINGS 1. The Applicant requested a zoning map amendment to rezone approximately 19 57 acres of land ("Pfaff parcel") from SR-4 5 (Single-Family Residential, maximum density 4 53 dwelling units per acre) to SR-6 (Single-Family Residential, maximum density 6 05 dwelling units per acre) The subject property is located at 27864 1241h Avenue SE and is identified as King County Tax Parcel number 3322059020 Exhibit 1, Staff Report, pages 1-2, Exhibit 1, Attachment C, Application. 2. The subject property and all surrounding properties are zoned SR-4.5, Single Family Residential Exhibit 1, Staff Report, page 2. 3. In 1995 the City of Kent adopted Its Comprehensive Plan (updated 2004). The City of Kent Comprehensive Plan Land Use Map designates the subject property as Single-Family, six units per acre (SF-6)' Exhibit 1, Staff Report, page 2 and 8. ' Please note that the Comprehensive Plan designation has an "SF" prefix, whereas the Zoning Code designation has an "SR" prefix Findings, Conclusions and Decision Heanng Examiner for the City of Kent Pfaff #RZ-2004-6 (KIVA #2044106) Page 2 of 10 i i 4. The subject property was annexed to the City of Kent on January 1, 1996. Since the time of annexation significant improvements to roadway infrastructure in the immediate area have been completed, specifically the South 272rd/277th Street corridor located south of the site This corridor connects the East Hill area of Kent to the valley floor and provides direct freeway access for residents coming off the Kent East Hill Exhibit 1, Staff Report, Page 2 and 8. 5. The City of Kent Comprehensive Plan contains the following goals and policies that are relevant to the rezone application LAND USE ELEMENT Overall Goal Encourage a future growth and development pattern which implements the community's vision, protects environmentally sensitive areas, and enhances the quality of life of all of Kent's residents Goal LU-9 Provide adequate land and densities to accommodate the adopted 20 year housing target of 4,284 new dwelling units within the existing city limits, and through an interlocal agreement with King County, adopt the housing target of 619 new dwelling units within Kent's Potential Annexation area Policy LU-9 1 Where appropriate, establish urban residential densities of at least four (4) units per net developable acre in order to adequately support urban densities Policy LU-9 4 Locate housing opportunities with a variety of densities within close proximity to employment, shopping, transit, and where possible, near human and community services Goal LU-10 Provide opportunities for a variety of housing types, options, and densities throughout the City and the Potential Annexation Area to meet the housing needs of the Region's changing demographics Policy LU-10 4 Allow single-family housing on a variety of lot sizes Locate smaller lot sizes within close proximity to the Urban Center or Activity Centers wherever possible HOUSING ELEMENT Overall Goal To meet the current and future need for housing in the Kent area The ability to obtain affordable housing is essential to a stable, healthy, and thriving community Goal H-2 Promote the organization and enhancement of neighborhoods, and provide the opportunity for comfortable and well maintained housing for all citizens Policy H-2 2 Support housing with appropriate amenities for individuals, families and children. Goal H-5 Increase housing opportunities through a diversity of housing types and the innovative use of residential and commercial land Policy H-5 1• Expand the range of affordable housing choices available to meet the needs of both current Kent residents and residents protected in growth estimates Findings, Conclusions and Decision Hearing Examiner for the City of Kent Pfaff #RZ-2004-6 (KIVA #2044106) Page 3 of 10 Policy H-5 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 Policy H-5 3 Promote diversity of housing types affordable to a range of income levels and cultural/ethnic diversity Goal H-7 Encourage flexibility and innovative site and building design for a variety of housing developments to expand home ownership Policy H-7 5 Revise zoning and development standards to provide options that increase the supply of affordable home ownership opportunities, such as small lot sizes, zero lot Imes, manufactured housing, townhouses, condominiums, clustering, cottage and attached single family housing TRANSPORTATION ELEMENT Overall Goal Provide for a balanced multimodal transportation system which will support current and projected land use patterns and provide an adequate level of transportation service Goal TR-1 Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act Policy TR-12 Coordinate new commercial and residential development in Kent with transportation projects to assure that transportation facility capacity is sufficient to accommodate the new development, or a financial commitment is in place to meet the adopted standard within six years, before allowing it to proceed Policy TR-1 5 Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible Exhibit 1, Staff Report, pages 4-7; Kent Comprehensive Plan. These goals and policies support the proposed rezone. The property is served by existing urban services and is close to commercial areas and community services The City' goals and policies support the development of close-in, vacant or underdeveloped properties Inflll development provides a more efficient means of providing services and enhancing pedestrian mobility than does sprawl to the outskirts of the City. In addition, one of the objectives of the Comprehensive Plan is to provide a wide variety of housing types to accommodate projected population growth without converting single-family residential designated lands to multifamily residential Development of single family subdivisions on underdeveloped, single-family zoned land is consistent with this objective The proposed rezone increases the amount of land zoned for current and projected residential needs including single-family housing and smaller lot sizes. The Land Use Plan Map designates the subject property as SF-6, Single Family Residential, which allows six units per acre Development of Findings, Conclusions and Decision Heanng Examiner for the City of Kent Pfaff #RZ-2004-6 (KIVA #2044106) Page 4 of 10 the property will likely add to the connectivity of the surrounding neighborhoods by completing the previous road connections anticipated to occur through the site. Development of the property could also have negative impacts on the transportation system, but such impacts can be mitigated through the development review process Exhibit 1, Staff Report, pages 4-7. 6. The site is located along 124th Avenue SE, at approximately the northeast corner of SE 280th Street and 1241h Avenue SE Upon development of the subject property, this proposed rezone could result in an additional thirty PM Peak Hour Trips beyond the existing zoning designation based on the maximum densities allowed. Improvements to impacted streets would be required as part of any development proposal These improvements would include curb, gutter, sidewalks, planting strips, street lighting, paving, and public stormwater conveyance. Exhibit 1, Staff Report, Pages 2-3. . 7. The City of Kent acted as lead agency for review of environmental impacts caused by the non-project proposal. The City issued a Determination of Nonsignificance (DNS) on March 8, 2005 The DNS contains no conditions for the rezone An appeal was filed of the DNS, but settlement was obtained and the appeal was withdrawn Exhibit 1, Staff Report, page 2; Exhibit 1, Staff Report, Attachment H, Determination of Nonsignificance. t8. Notice of the open record hearing was posted on the property, mailed to properties within 300 feet of the site and published in King County Journal in accordance with City ordinances Exhibit 1, Staff Report, page 3, Exhibit 1, Staff Report, Attachment F 9. The City received written comments from citizens concerned about the potential impact of the proposed rezone These letters contained comments relating to the proposed rezone and to a separate preliminary plat application that the Applicant has submitted for development of the subject property The site-specific preliminary plat and associated SEPA applications are under review by City staff. A comment letter from Daryl and Susan Remillard expressed concern regarding the impacts of future development of the site In response, the City noted that amending the City's zoning map is considered a non-project action under the State Environmental Policy Act and city code, such that any subsequent development proposal for the property would require additional review in conjunction with the project specific proposal WAC 197-11-704. j A second public comment letter was received from the Kent Neighborhood Alliance. This organization expressed concerns about several issues related to subdivision and subsequent development of the subject property The Kent Neighborhood Alliance also expressed concerns about the City review process Findings, Conclusions and Decision Hearing Examiner for the City of Kent Pfaff #RZ-2004-6 (KIVA #2044106) Page 5 of 10 used when a project specific application is submitted along with a rezone application. In response, the City noted that Kent City Code Section 12 01 030 C allows for optional consolidated permit processing and permits an applicant to ask that the application be treated collectively or individually Exhibit 1, Staff Report, pages 3-4 CONCLUSIONS Jurisdiction The Hearing Examiner has jurisdiction to hold an open record hearing on this quasi- judicial rezone and to issue a written recommendation for final action to the Council, pursuant to RCW 35A 63 170 and Chapters 2 32,12 01 and 15 09 of the Kent City Code. Criteria for Review Section 15 09 050(C) of the Kent Zoning Code sets forth the standards and criteria the Hearing Examiner must use to evaluate a request for a rezone A request for a rezone shall only be granted if. a. The proposed rezone is consistent with the Comprehensive Plan; b. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity; C. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated, d. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone, e. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Conclusions based on Findings- 1. The proposed rezone is consistent with the Comprehensive Plan. The Comprehensive Plan map designates the subject property as SF-6, and the goals and policies of the Comprehensive Plan support in-fill development and increased density, which may occur if the rezone is approved Findings of Fact Nos. 3 and 5. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Pfaff #RZ-2004-6 (KIVA #2044106) Page 6 of 10 i 2. The proposed rezone and subsequent development of the site is compatible with surrounding development. All properties around the subject property are designated SR-4 5, the same designation sought through this application Findings of Fact Nos. 2, 3 and 5. 3. The proposed rezone would not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. The proposed rezone would have no impact on the transportation system at this time However, upon development of the subject property, this proposed rezone could result in an additional thirty PM Peak Hour Trips based on the maximum densities allowed Upon future development of the property, street improvements to meet City of Kent standards would likely be I required as conditions of approval such that adverse impacts could be mitigated. Findings of Fact Nos 5-7 4. Circumstances have changed substantially since the establishment of the current zoning district. Since the time of annexation in 1996, there has been an increase in housing density in the vicinity of the site In addition, the Washington State Supreme Court has ruled, with respect to a proposed rezone, that a demonstration of changed circumstances is not required if the rezoning is consistent with an adopted comprehensive plan Save Our Rural Environment v. Snohomish County, 99 Wn.2d 363, 370-71 (1983), Findings of Fact Nos 3, 4, 5 and 7; Conclusion No 1. 5. The proposed rezone would not adversely affect the health, safety and general welfare of the citizens of the City of Kent. The rezone would allow only a slightly higher density of residential development Whether the zoning is SR-4 5 or SR-6, development of the property would add some additional traffic to the local street system The impact caused by the SR-6 project density can be mitigated through operation of development regulations, conditions of subdivision approval and through a SEPA review process which would be triggered at the time an application for subdivision of the property is submitted Findings of Fact Nos. 6, 7 and 8 RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that the application for a rezone of King County Tax Parcel number 3322059020 from SR-4 5 to SR-6 be APPROVED Findings, Conclusions and Decision Heanng Examiner for the City of Kent Pfaff #RZ-2004-6 (KIVA #2044106) Page 7 of 10 i DATED this 23`d day of June, 2005. THEODORE PAUL HUNTER Hearing Examiner For Request for Reconsideration or Appeal information see Kent City Code Section 2.32 140 and 2.31.150 DISCUSSION This rezone application was accompanied by a threshold determination that was appealed The ■ thrust of the appeal was a claim that the City should analyze the rezone application as if the subject property would be developed under the proposed zoning, which in fact it will be if a pending preliminary plat application is approved The appeal of the threshold determination for this non-project rezone, based on a claim of its connection to a development application, presented a question as to the appropriate process to be followed under the Kent City Code for a non-project rezone application The appeal was settled, so these issues need not be decided in this recommendation However, the appeal did give an opportunity to review the Kent City Code for provisions that address the processing of a rezone application when a related development application is also pending It may be helpful to the Council to provide a brief analysis of those provisions to help the Council determine if clarification of the land use code is desirable The Kent City Code currently states that applications for a rezone. shall be submitted in the manner required for Process IV applications The hearing examiner shall consider the application in an open record predecision hearing in accordance with Chs 2 32 and 12 01 KCC KCC 15 09 050(A)(1). This section refers to two other chapters of the Kent City Code Chapter 2.32 is the hearing examiner chapter, Chapter 12 01 details the procedures that must be followed if applying for a rezone Section 15 09 050 (A)(a) does not distinguish between rezone applications that are part of a proposed development project and those that are "non-project' rezones Every rezone application must follow the procedures found in Chapter 12 01 KCC Descriptions of the rezone process in Chapter 12 01 generally assume that the requested rezone is part of a development project and not a "non-project' permit application For example, KCC 12 01 020(E) defines "Project Permit" as, "any land use or environmental permit or license 2 The Discussion section is not part of the recommendation on the rezone application,but is provided for the City's consideration as it ponders amendments to its land use codes,now or in the future Findings, Conclusions and Decision Hearing Examiner for the City of Kent Pfaff #RZ-2004-6 (KIVA #2044106) Page 8 of 10 required from the city of Kent for a project action, including but not limited to. site specific rezones authorized by the comprehensive plan." Several additional provisions reinforce this assumption by requiring all related project actions, whether included in the same application or not, to be dealt with as a whole KCC 12 01 030(E) requires that, "One (1) environmental threshold determination shall be made for all related protect permit applications," and KCC 12 01 140 requires that, "One (1) notice of application will be done for all permit applications related to the same project at the time of the earliest complete permit application " The only deviation from a requirement to consolidate applications is found in KCC 12 01 030 (C) That section allows an Applicant to choose to treat more than one application "collectively or individually" The code recognizes, however, that If the application is processed under the individual procedure option, there shall be no more than one (1) open record hearing and no more than one (1) closed record appeal for all application processes Open record hearings and closed record appeals must be consolidated under the higher process type number This would seem to require that a preliminary plat application be heard at the same time as a related rezone application, assuming both the plat and rezone would require an open record hearing Not all preliminary plat applications require an open record predecision hearing, however, as some are authorized to be made by the short subdivision committee without a predecision hearing Other than that limited situation, existing ordinances seem to prefer that a rezone application be consolidated with the related preliminary plat application such that only one hearing is held on both applications Although none of the provisions of Chapter 12.01 appear to strictly prohibit a non-project rezone, they do reinforce a conceptual preference of processing a rezone application that is 1 related to a development application using one application process That being said, however, it is noted that a non-project rezone is not prohibited by the Kent City Code Thus, this rezone application is processed separately from a related preliminary plat application While it is clear that the provisions of the Kent City Code do not prohibit non-project rezone applications, the City Council may wish to review its code to more clearly authorize the processing of a non-project rezone application separate from any related development application This will help avoid confusion about appropriate procedures, and thereby be of benefit to Applicants and the affected public as well as reduce the likelihood of appeals of threshold determinations on non-project rezones It is fortunate for all involved that the environmental appeal related to this application was withdrawn by the Appellant upon settlement and subsequently dismissed This allows a recommendation and decision on the rezone application to be processed separately from the application for plat approval, as is the desire of the Applicant For future applications that present a similar situation, the addition of the words "a rezone request may be processed separately from a development application request' to KCC Section 12 01 030 (C) would remove any doubt about proper processing of a rezone request when related to a development application The Council may wish to consider such a revision, if it is consistent with the wishes of the Council to process rezone applications separate from underlying development applications. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Pfaff #RZ-2004-6 (KIVA #2044106) Page 9 of 10 Your Hearings Examiner expresses no preference for one option or the other, but merely desires as much clarity as may be possible given the multiple considerations that must be balanced by the Council i Theodore Paul Hunter, Hearings Examiner Findings, Conclusions and Decision Hearing Examiner for the City of Kent Pfaff #RZ-2004-6 (KIVA #2044106) Page 10 of 10 The Pfaff Property Rezone • .=� _ � air„ w - � � -��.� _ 272N0 22NUx'yv` `1z:a X, SE `#P�y LLJ 4l ' Ld "a O tx";� ... E �n u,� �'. - 7I2N xr SE 276FTH 3 �' "scZv �� SE 273 n a N +'i * i—+ �' ,Af 2ATH SEE, .A F��, LLtr�`t` a" •�-•1 �,,, "� SE ST ."f r '.�`*.^a VT x'S£ `S {Q $E^e,.,a= 274 2 SE 1+,513DTH,'AV ti TH=rST �++ -SE 274TH CT 2`xSE4273PD" ,SF .,t lAw W "` Ln "r s, �t 275TH �_ 3 •129ZF1xPL SEA fyt . Gy� �r'B 4 -SE�73RD { �{ ¢� :fir y. t •'a }F4173RD ' co,�0SRt ;Pe h�J ,g.;,, 'SE&27M m ;SE t �kt ME SSE 277T}IyS � Rc: F G ,6 ,^u ST;y `'GLEN uaSE�7,MSa.Pux {ram_ ! ' �� �¢ � � m x � �`•� r� ,ti � �, ,"moo`- :�C� =N..y 'y� CT"b N, p77{{y� st`y`i T '" 22C•Ptagrv" M Z7THFt¢a.F +te L", asF+• yst 2�'•Fi:,;zkst g,9f^ .^ <„<R�""`�*�.`- �t1�4:°�-` `;.. jp�y �s'���.'rK wSgr3���.. m"= '-'i' ir [S,Zw, $E+, �-t'.-n i�rq /+.&, =J�-<,'&"'- ��`�r •. �.� }rr _ �,p � ° "#,' .f�r4"th "� ,hry-,�'. + •in vy: T31H F:.�� ry S $F^�,!"""f`, # t rP�,*•y' :. , LLJ " City , Kent' - �s>>��p, " rY�" ���•� '",�r ;�a'�E-: 1.i�� r_<,« r3 wn.- ...Lfl/w:<' .v+�Y'l�''� _�` � �— k �K, t_pw� 282N0 �r _ Ding County 02004 Thomas Bros Maps j Vicinity Map 1 APPLICATION NAME: PFAFF REQUEST: #RZ-2004-6 VICINITY MAP Kent City Council Meeting Date July 19, 2005 Category Other Business 1. SUBJECT: COUNCIL MEETING TIME CHANGE — APPROVE 2. SUMMARY STATEMENT: National Night Out is an annual event designed to bring neighborhoods together for community enhancement and crime prevention. Every year, the police department, City Council, and other City representatives take this opportunity to thank the citizens who make this neighborhood crime prevention program work. National Night Out occurs on the first Tuesday in August, which conflicts with the City Council meeting scheduled on the same night. In order to participate in this event, the City Council will need to move the time for its regular meeting on August 2°d from 7:00 p.m to 5:00 p in. 3. EXHIBITS: None 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure`s N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: D Councilmembe ely moves, Councilmember ( conds that the time of the August 21 2005, City Council meeting be changed from 7:00 p into 5:00 p in., and that the City Clerk give notice of the time change in the same manner as a special meeting. DISCUSSION: —� ACTION: Council Agenda Item No. 7B Kent City Council Meeting Date July 19, 2005 Category Other Business 1, SUBJECT: 36TH AVENUE SOUTH STREET VACATION REVISED RESOLUTION — ADOPT 2. SUMMARY STATEMENT: The public hearing on this street vacation petition was previously scheduled to be held at the City Council's regularly scheduled meeting at 7-00 p in. on August 2, 2005. However, due to the annual National Night Out event, the City Council's meeting on August 2, 2005, will commence at 5 00 p.m instead of 1 7:00 p.m. Accordingly, it is proper to adopt a resolution rescheduling the public hearing to the City Council's regularly scheduled meeting on August 16, 2005, at 7:00 p m. 3. EXHIBITS: Public Works Director's 6/6/05 memorandum; vicinity map; and resolution 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) t5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense- Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember Wh4ell moves, Councilmember seconds to adopt Resolution No. rescheduling the public hearing on the street vacation petition for a portion of 36th Avenue South, between Reith Road and South 260th Street, from August 2, 2005, to 7:00 p in on August 16, 2005. DISCUSSION: ACTION: C, Council Agenda Item No. 7C iPUBLIC WORKS DEPARTMENT Larry R Blanchard, Public Works Director Phone 253-856-5500 K E N T Fax 253-856-6500 WASHINGTON Address 220 Fourth Avenue S Kent, WA 98032-5895 DATE: June 6, 2005 TO: Mayor White and Kent City Council FROM: Larry R. Blanchard, Public Works Director SUBJECT: 361h Avenue South, Between Reith Road and South 260`h Street— Street Vacation MOTION- Recommend Council adoption of a resolution setting a public hearing date of August 2, 2005 for the Street Vacation located along a portion of 36`h Avenue South, between Reith Road and South 2601h Street. SUMMARY: We have received a valid petition to vacate a portion of 36`h Avenue South, between Reith Road and South 2601h Street In accordance with state law, a public heanng must beheld The Public Works Department recommends adoption of a resolution setting the public hearing date. BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact BACKGROUND: By law upon receipt of a valid street vacation petition the City, via adopting a resolution is required to hold a public hearing thereon within 60 days of passage of said resolution. iMayor White and Kent City Council j 36`h Avenue South —Street Vacation 1 i 1 RESOLUTION NO. 1 A RESOLUTION of the City Council of the City of Kent, Washington, reprdmg the vacation of a portion the right-of-way on 36' Avenue South, between Reith Road and South 260th Street, located in the City of Kent, Washington; and rescheduling the public hearing on the proposed street vacation from August 2, 2005 to August 16, 2005. iRECITALS A. A petition, attached as Exhibit A, has been filed, to vacate a portion of the right-of-way on 361h Avenue South, between Reith Road and South 2601h Street, located in the City of Kent, Washington. B. The petition is signed by the owners of at least two-thirds of the real ' property abutting that portion of 36`h Avenue South to be vacated, and the petition is in all respects proper. C. The public hearing on this street vacation petition was previously ischeduled to be held at the City Council's regularly scheduled meeting at 7:00 p in. on August 2, 2005 However, due to the annual National Night Out event, the City 1 Council's meeting on August 2, 2005, will commence at 5 00 p.m instead of 7 00 p.m. Accordingly, it is proper to adopt a resolution rescheduling the public hearing to the City Council's regularly scheduled meeting on August 16, 2005, at 7:00 p.m. 1 Mh Avenue S—R.O.W. Vacation t NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, ' WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION , SECTION 1. -Public Hearing A public hearing on the street vacation petition ' requesting the vacation of a portion of the right-of-way on 36`h Avenue South,between Reith Road and South 2601h Street, shall be held at a regular meeting of the Kent City ' Council at 7.00 p.m , Tuesday, August 16, 2005, in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032 ' SECTION 2. -Notice The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by state law, Chapter 35.79 RCW. SECTION 3. - Information. The Planning Manager shall obtain any other necessary information from appropriate departments and shall transmit the information , to the Council so that the Council may consider the matter at its regularly scheduled meeting on August 16, 2005. ' SECTION 4. - Severabihiy If any section, subsection, paragraph, sentence, t clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this , resolution. SECTION S. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. ' SECTION 6 -Effective Date. This resolution shall take effect and be in force , immediately upon its passage. 2 36*Avenue S—R.O.W. Vacation PASSED at a regular open public meeting by the City Council of the City of Kent, Washington,this day of 12005. CONCURRED in by the Mayor of the City of Kent this day of , 2005 JIM WHITE,MAYOR ATTEST• BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM- TOM BRUBAKER, CITY ATTORNEY iI 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 , 2005. BRENDA JACOBER,CITY CLERK P kCIv111RESOLUTIOMSTVAC-36thAveS-ROW-Publ¢Huring dm ' 3 36`h Avenue S—R.O.W. Vacation 106 ' EXHIBIT A STREET VACATION APPLICATION AND PETITION 107 ,� � VENT KIVA th l�ESd a650 9r2G ",.e.". Mayor Jim White APPLICANT: MAIL TO: NAME: LEGEt*tD DFvF�APmF CITY OIr KENT ADDRESS: 510 RPi lr tlIF-R 44E _S. Property Management 220 S.4"'Avenue S-F- t JF.. Wit - 1 Kent,WA 98032 ATTN: Jerry McCaughan PHONP, (2•OC-) STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council: We,the undersigned abutting property owners,heicby icspeclfully icquest that ceitain ❑Alley )<Street hereby be vacated described as follows(Include squate feet) 3t.� AVe. S. i 6ef-wean Rattx Rogp � S. 2(a0 ST Limo, wglhtn 0F* a Nw* rn Sec.J7 77.Et azeJa P- ' Vei-� Cain, be-Q amm trwe�c� aw,d' 8er i 6 eau to It wtiv.N (.- c pPerRwv-t' be" dsne- e"s �0'r+ of 4-6-- RcC$ �Fi1e 7�41g4 � BRIEF STATEMENT WHY VACATION IS ]STING SOUGHT I A "CURRENT" ownership and encumbrance icport must be obtained from a Title Company and submitted with this appLcation that covers all the abutting properties contiguous to alley or street sough to be vacated When Corpointions, partnerships, etc are being signed for, and then pioof of mdividu.il's authoilty to sign foi same shall also be submitted. Attach a color-coiled map of a state or not less Than 1"=200' of the ate,t sought for vacation (NOTE) Map must correspond with legal descrlpuon AU13UTTING PROPERTY OWNERS TAX LOT If SIGNATURES AND ADDRESSES LOT, BLOCK&PLATISEC TOWN.R G. tIlSiNfN Co u i Q"L) oE-ICE-r,rr 1- !^. * 2ZZZo4-Rt3a SIB•'. � aa'' frc,>i�' C T. L .# ZTZzo4 -Qoo(o sig` - $150 00 Pee Paid S TiedSL]Icr'S Rccelpl No Appraisal Pee Paid I Ticasuier's Receipt No iLand Value Paid Treasul ei's Rccelpl No- Deed Accepted Date 1 Trade Accepted Date ' 1•V`uWgV',op,nyAbu.pu.µuN.nyV uan`1'hll wnulY",Iw'1 AI'P da I 108 i25 , 26 24 EXISTING 36th AVE S ;5; s/ TRINITYTO BE VACATED j // : Y REFORMED Q% 28051 SF % % IM30 CHURCH / / TL #272204 9132 / LEGEND DEVELOPMENT,LLC TL , % #272204 9006 —------- ----/ ---------------- -------1---- S_ 260th ST.- % SCALE 1" = 100 i i Kent City Council Meeting Date July 19, 2005 Category Bids 1. SUBJECT: LID 353: S 228TH STREET CORRIDOR, BOLGER ROAD GRADING — AWARD 2. SUMMARY STATEMENT: The bid opening for this project was held on July 7, 2005, with four bids received The low bid was submitted by Rodarte Construction, Inc. in the amount of$531,186.50. The Engineer's estimate was $522,465.00. 3. EXHIBITS: Public Works Memorandum 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. 5. FISCAL IMPACT Expenditure`s X Revenue? Currently in the Budget? Yes X No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember W k tY. moves, Councilmember seconds to authorize the Mayor to enter into a contract with Rodarte Construction, Inc. in the amount of$531,186.50 for the LID 353• S. 228th Street Corridor Bolger Road Grading project DISCUSSION: " ACTION: VViCi Council Agenda Item No. 8A t PUBLIC WORKS DEPARTMENT Larry Blanchard Public Works Director Phone 253-856-5500 K ENT Fax 253-856-6500 WASHINGTON Address 220 Fourth Avenue S Kent, WA 98032-5895 July 19, 2005 TO: Mayor White and Kent City Council FROM: Tim LaPorte, Design Engineering Manager THROUGH: Larry Blanchard, Public Works Director SUBJECT: LID 353 S 2281h Street Corridor— Bolger Road Grading Bid opening for this project was held on July 7, 2005 with four bids received. The low bid was submitted by Rodarte Construction, Inc in the amount of$531,186.50 The Engineer's estimate was $522,465.00 The Public Works Director recommends awarding this contract to Rodarte Construction, Inc. Bid Summary Rodarte Construction, Inc. $531,186 50 Scarsella Brothers, Inc. $538,538 38 Ceccanti $547,621 75 Road Construction N.W., Inc. $873,186 00 Engineer's Estimate $522,465 00 Mayor White and Kent City Council LID 353 S 2286 St Bolger Rd Grading -Award Bid July 19,2005 1 REPORTS FROM STANDING COMMITTEES AND STAFF 1 A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE �1Qd o�n�Cp�'e� 't 6�� °� fNL�.e cJ C:��✓� `� C. PUBLIC SAFETY COMMITTEE 0M D. PUBLIC WORKS E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE 1 � F. PARKS AND HUMAN SERVICES COMMITTEE r h� Z� Lc G. ADMINISTRATIVE REPORTS i2-0 `N N-^ REPORTS FROM SPECIAL COMMITTEES 1 t KEMT OPERATIONS COMMITTEE MINUTES JUNE 7, 2005 Committee Members Present: Chair Tim Clark, Julie Peterson, and Bruce White The meeting was called to order by Tim Clark, Chair at 4:03 p.m 1. APPROVAL OF MINUTES DATED MAY 17, 2005 Bruce White moved to approve the minutes of the May 17, 2005, Operation Committee meeting. Julie Peterson seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED MAY 31, 2005 Finance Manager Bob Nachlinger presented the vouchers for May 31, 2005, for approval. Julie Peterson moved to approve the vouchers dated May 31, 2005. Bruce White seconded the motion, which passed 3-0. 3. LOCAL & LONG DISTANCE TELEPHONE SERVICE VENDOR Information Technology Director Stan Waldrop requested to change the City's local and local distance service vendor from Focal Communications (Focal), to World Communications Inc. (WCI), a reseller of Focal local and long distance services The City currently obtains local and long distance telephone service through Focal. WCI is a reseller of Focal telecommunication services and can offer the City lower rates because of the volume business that they do with Focal. Because of WCI's relationship with Focal, Focal has agreed to tennmate the City's current agreement with no penalty and allow the City to enter into an agreement with WCI under the same terns but with reduced rates. The new rates will save the City approximately 18% (depending on usage) for local and long distance telephone service. Mr Waldrop advised that the cost of the service is already included in the current operating budget. Julie Peterson moved to authorize the Mayor to sign a 1 year contract with World Communications Inc. (WCI), for local and long distance telephone service that replaces the City's current agreement with Focal Communications, subject to City Attorney approval of contract documents. Bruce White seconded the motion, which passed 3-0. Operations Committee Minutes June 7, 2005 Page: 2 I 4. 2005-2007 MICROSOFT ASSURANCE RENEWAL Information Technology Director Stan Waldrop requested approval of the City entering into a three year agreement to renew the Microsoft Software Assurance on Microsoft Office, Exchange CALS, and Windows Server CALS through the Washington State Department of Information Services (DIS) Microsoft Select Agreement. Mr. Waldrop advised that the City of Kent utilizes Microsoft products for office productivity, email, and server operating system applications. In an effort to stabilize their revenue stream, Microsoft has adopted a licensing program that encourages organizations to adopt new software releases while spreading the cost of purchasing the updated licenses over time. Renewing the Software Assurance on Microsoft Office, Exchange CALS, and Windows Server CALs enables the City to utilize the most up to date versions of these products at a significantly reduced cost and spread that cost over the 3 year term of the agreement Initial payment of$89,461 will come from the Technology Plan 2002. Subsequent payments in 2006 and 2007 will be included as part of the Information Teelmology Operating Budget. Mr. Waldrop further advised that over the last several years, Microsoft has attempted to shift the software licensing model to a subscription system rather than a perpetual use system. While the subscription model has met with resistance, Microsoft has made considerable progress toward a model that generates steady revenue through their Software Assurance(SA) and Enterprise Agreement (EA) arrangements. Bruce White moved to approve entering into a three-year agreement to renew the Microsoft Software Assurance on Microsoft Office, Exchange CALs, and Windows Server CALS through the Washington State DIS Microsoft Select Agreement. Julie Peterson seconded the motion,which passed 3-0. 5. US BANK—ONE CARD AGREEMENT Finance Director Bob Nachlinger requested the Operations Committee authorize the Mayor to execute a contract with U.S. Bank — One Card Program. Mr Nachlinger advised that City Administration plans to begin a program of authorizing small purchases through purchasing cards rather then using petty cash and purchase orders. These purchases will be in accordance with the Procurement Card Policy, which sets out the authorized uses of these cards. Mr. Nachlinger advised that the Finance Department believes that this program will reduce the paper flow involved with small purchases as well as improving our business relations with suppliers buy improving the timing of payments. There is no budget impact on the City from the authorization of these procurement cards The various departments have budgets for the expenditures that will be made .within their existing budgets Questions were asked of Mr. Nachlinger regarding the Agreement by the Committee. 2 Operations Committee Minutes June 7, 2005 Page: 3 3 Julie Peterson moved to recommend that the Operations Committee authorize the Mayor I to execute the contract with the U S Bank Otte Card Program and forward the item to the City Council agenda of June 21, 2005. Bruce White seconded the motion, which passed 3- 0. 6. THE STANDARD INSURANCE COMPANY LONG TERM DISABILITY CONTRACT- 2005 Benefits Manager Becky Fowler requested the Operations Committee authorize the Mayor to approve The Standard Insurance Company application for the City's long term disability plan. Ms. Fowler advised that The Standard Insurance company (Standard) responded to the City's bid request for our long-term disability coverage for the AFSCME, Teamster and Non- Represented employee groups. Standard quoted 73% of base compensation for our long-term disability coverage for an annual cost of$199,656. The long-terni disability contract begins on July 1, 2005 Ms. Fowler advised that Assurant Employee Benefits (Fortis) increased our insurance premium from 65% to .81% of compensation begimung July, 1 2005 for an annual cost of$221,532. Standard quoted .73% for an annual cost of$ 199,656. The annual increase for Assurant Employee Benefits is $43,768 and with Standard is $21,892. Changing the City's carver to Standard will provide the City with an annual savings of$21,876 hi addition, the City already contracts with Standard for life insurance coverage's Moving our long-term disability coverage to Standard will streamline administrative process and underwriters offer discounts in their renewal calculations for multiple coverage's. Also, the waiver of premium benefit on an employee's life insurance is automatically triggered if an employee goes out on disability. Bruce White moved to recommend to authorize that The Standard Insurance Company 1 application for the City's long-term disability plan be placed on the City Council consent calendar for the June 21, 2005 meeting. Julie Peterson seconded the motion, which passed 3-0. 7. PREMERA BLUE CROSS ADMINISTRATIVE SERVICES CONTRACT FOR 2005 Benefits Manager Becky Fowler presented the Premera Blue Cross Administrative Services Contract for 2005 Ms_ Fowler advised that the City contracts with Premera Slue Cross as a third-party administrator (TPA) to process claims and provide access to Premera Blue Cross's PPO network of doctors and hospitals. The city is self-insured for this program and wnes the weekly claims cost to Premera Blue Cross for our medical and dental expenses. The 2005 3 I Operations Committee Minutes June 7, 2005 Page: 4 contract reflects a 6% increase in administrative fees by Premera Blue Cross and is budgeted in the health and welfare fund at a cost of $551,905 for the Administrative Services Contract. Approximately 94% of the City's employee population is covered under the self-funded Premera Blue Cross program totaling 2,200 lives. Included in this coverage is our LEOFF 1 retirees and their dependents. The overall projected cost of our self-insured plan inclusive of administration fees is $8,947,787 for 2005 and is budgeted in the health and welfare fund. Julie Peterson moved to recommend to authorize that the Premera Blue Cross Administrative Services Contract for the City's self-insured health plan be placed on the City Council consent calendar for the June 21, 2005 meeting. Bruce White seconded the motion,which passed 3-0. 8. GROUP HEALTH COOPERATIVE 2005 CONTRACT Benefits Manager Becky Fowler presented the Group Health Cooperative 2005 Contract. Ms. Fowler advised that Renewal of the Group Health Cooperative of Puget Sound contract for the city's insured health maintenance Organization (HMO). The 2005 contract reflects an approximate 5.8% increase in the health care premiums charged by Group Health Cooperative and is budgeted in the health and welfare fund at a cost of$274,215 (Health & Welfare Fund). Ms. Fowler further advised that the City purchases insurance with Group Health Cooperative of Puget Sound. Group Health is a non-profit, health maintenance organization (HMO) providing primary care medical and specialty center throughout the Pacific Northwest and that approximately 46 employees and their families are covered under our Group Health Cooperative plan. Bruce White moved to recommend that the 2005 Group Health Cooperative contract for the City's insured HMO plan be placed on the City Council consent calendar for the June 21,2005 meeting. Julie Peterson seconded the motion,which passed 3-0. 9. FLEXPASS PROGRAM AGREEMENT 2005-2006 I Human Resources Analyst Ellen Bradley Mak presented the Flexpass Program Agreement for 2005-2006 Ms. Mak advised that the City contracts with King County, Sound Transit and j Pierce Transit for the sale of Flexpasses. The FlexPass Program allows for eligible Commute Trip Reduction (CTR) affected employees to choose from a variety of non-SOV (Single Occupancy Vehicle) commute options provided by King County Metro, Sound Transit and Pierce Transit. The value of a pass is $3.00 of each one-way King County Metro bus, Pierce County Transit or Sounder Rail fare The pass will also serve as a vanpool pass up to a face 4 i 1 Operations Committee Minutes June 7, 2005 Page: 5 value of$65.00 per month. Ms. Mak further advised that the FlexPass Program Agreement for 2005-2006 is budgeted in the CTR budget IJulie Peterson moved to recommend that the FlexPass Program Agreement be placed on the Consent Calendar for the June 7, 2005, City Council Meeting authorizing the Mayor to sign a one year contract with King County Metro, Sound Transit, and Pierce Transit for the FlexPass Program. Tim Clark seconded the motion, which passed 2-1. iThe meeting was adjourned at 4:55 p.m. ! r, ' Renee Cameron Operations Committee Secretary ! ! 1 i 5 1 CONTINUED COMMUNICATIONS ' A. i 1 1 1 r 1 EXECUTIVE SESSION 1 1 ACTION AFTER EXECUTIVE SESSION 1 1 r r r r 1 r r