HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/06/2005 City of Kent
t City Council Meeting
Agenda
September 6, 2005
Mayor Jim White
Deborah Ranniger, Council President
Councilmembers
Tim Clark Debbie Raplee
Ron Harmon Les Thomas
Julie Peterson Bruce White
4^d�si��
KENT
WASHINGTON
I ' City Clerk's Office
KENT CITY COUNCIL AGENDAS
KENT September 6, 2005
W^511.,r I^ Council Chambers
MAYOR: Jim White COUNCILMEMBERS: Deborah Ranniger, President
Tim Clark Ron Harmon Julie Peterson
Debbie Raplee Les Thomas Brice White
COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1. Freight Mobility Projects Public Works Staff 30 min
2. Water District I I 1 Public Works, City Attorney, Finance 30 min
COUNCIL 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
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. Proclamation—Constitution Week
5. PUBLIC HEARINGS /�
A Cedar Street east of Hazel Avenue Street Vacation
6. CONSENT CALENDAR
A. Minutes of Previous Meeting—Approve
B. Payment of Bills— Approve
C. Backup System Replacement—Authorize
D. 2005-06 Washington Conservation Corps Sponsor Contract—Authorize
E. Amendment to Waterline Easement Agreement—Authorize
F. Resolution Setting Hearing Date for Vacation of a Portion of 108th Avenue SE —
Adopt
(Continued on Back)
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COUNCIL MEETING AGENDA CONTINUED
G. Resolution Setting Hearing Date for Vacation of a Portion of 188th Street—Adopt
H. Zoning Code Amendment—Multifamily Dwelling Units in MR-T Zones in
Downtown Districts, Ordinance—Adopt
I. Zoning Code Amendment—Processing for Applications for Rezone, Ordinance—
Adopt
J Zoning Code Amendment—Townhouse Ownership Options in MR-T Zoning
Districts, Ordinance— Adopt
K. Central Avenue Sidewalk Project—Accept as Complete
L. Washington Traffic Safety Commission Grant—Accept and Establish Budget
M. Bureau of Justice Assistance FY2005 Grant—Accept and Establish Budget
_N_ Montessori School Lease —Authorize
0. t Acua_e d
7. OTHER BUSINESS
A. Zoning Code Amendment—Commercial Motor Vehicles in Residential Zoning
Districts —Approve
B. West Valley Highway at 212th Rezone—Approve (QUASI-JUDICIAL)
I C Daljit Cove Rezone—Approve (QUASI-JUDICIAL)
D 2006 Annual Budget— Set Hearing Date
E. 2006-2011 Capital Improvement Plan— Set Hearing Date
8. BIDS
None
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL
COMMITTEES
10. CONTINUED COMMUNICATIONS V U,4,
11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION
A. Pending Litigationalyx�� P �
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�i 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 ct 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 property heard.
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
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B) FROM THE PUBLIC
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PUBLIC COMMUNICATIONS
A) PROCLAMATION - CONSTITUTION WEEK
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Kent City Council Meeting
Date September 6, 2005
Category--Public Hearings
j1. SUBJECT: CEDAR STREET EAST OF HAZEL AVENUE STREET
VACATION
2. SUMMARY STATEMENT: Resolution No. 1705 established September 6, 2005
as the public hearing date for the petition by Sean Stewart to vacate a portion of Cedar
Street. A staff report recommending denial without prejudice is included to the
Council's packet.
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1 3. EXHIBITS: Staff report, Resolution No. 1705, and Map
4. RECOMMENDED BY: Staff recommends denial without prejudice
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure9 No Revenue? Per appraisal or Public Works negotiation
Currently in the Budget? Yes No X
If no
Unbudgeted Expense. Fund Amount $
Unbudgeted Revenue: Fund to be determined Amount $
6. CITY COUNCIL ACTION:
A. Councilmember E 1Amoves, Councilmember seconds
Ito close the public hearing. CY�G
B. Councilmembermoves, Councilmember W�'" seco ds
to approve/disapprove/modify ff's recommenda enial without prejudice of
the application to vacate a portion r treet and to direct the City Attorney to
prepare any necessary ordinance when app riate.
DISCUSSION:
ACTION.
e
Council Agenda
i Item No 5A
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COMMUNITY DEVELOPMENT
Fred N Satterstrom, AICP, Director
PLANNING SERVICES
KE N T Charlene Anderson,AICP,Manager
' WASHINGTON
Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent,WA 98032-5895
August 30, 2005
To: Mayor Jim White, Council President Deborah Ranniger and City Council
Members
From: Charlene Anderson, AICP, Planning Manager
Through: Mayor Jim White
Subject: Report and Recommendation on an Application to Vacate a Portion of Cedar
Street
#STV-2005-5 (KIVA #2051997)
MOTION: To approve/disapprove/modify staff s recommendation of denial without prejudice
of the petition to vacate a portion of Cedar Street, as referenced in Resolution No 1705.
SUMMARY: Sean Stewart, 10605 SE 240`h Street, Kent, WA 98031 requests vacation of a
portion of Cedar Street in order to facilitate development of the site Staff recommends denial of
the street vacation for the reasons outlined below
BUDGET IMPACT: For street vacations the City is compensated in an amount equal to the
full appraised value of the right of way being vacated.
BACKGROUND: Cedar Street between Hazel Avenue and Alvord Avenue was dedicated
to the City of Kent in 1909 as part of the final recorded plat of Sunnyside Addition to Kent. It is
an unimproved right of way. There are City of Kent public utilities as well as private utilities
lying within (under, upon, and/or over) this right of way Section 6 09.060 of the Kent City
Code enables the City to require compensation at the full appraised value of right of way to be
vacated
On July 1, 2005, the applicant filed an application for lot line adjustment to take two tax parcels
comprised of 5 historic lots from the Sunnyside Addition to Kent south of Cedar Street and
create five lots The application was denied because it did not meet the principles of
acceptability nor approval criteria for a lot line adjustment The applicant stated to staff he also
owns the property just north of Cedar Street and would like to have a maximum of 7 lots over all
of these properties. Staff believes the proper mechanism for effecting the total proposal is via
short plat, which would provide for appropriate access, utilities and lot configuration
Although the applicant currently owns the property covered by historic lots 1, 2, 3, 4, and 5 of
Sunnyside Addition to Kent, vacating Cedar Street would landlock parcels 4 and 5, as viewed
separately Until access for historic lots 4 and 5 is addressed, staff recommends denial of the
street vacation With a properly executed short plat, staff can determine the applicant's
appropriate future access to his proposed parcels and then recommend approval of the street
vacation. Staff is not recommending conditional approval because not enough information is
known about the future configurations of the lots. This information would be provided and '
analyzed during the short plat application process.
STAFF RECOMMENDATION:
Staff notified the following departments and agencies of this proposed street vacation.
■ Public Works Department
■ Police
■ Parks, Recreation and Community Services
■ Fire and Life Safety
■ ComCast Cable Communications Inc.
■ Puget Sound Energy
■ Qwest
■ Department of Transportation
■ METRO Transit Division
After a review of the comments received and the merits of the proposal, staff recommends that ,
the request to vacate a portion of Cedar Street, as described in Resolution#1705 and as shown on
the accompanying map be DENIED WITHOUT PREJUDICE.
If the Council decides to approve the application, staff recommends the following conditions:
1) The City shall be compensated full appraised value, in US currency, for the land sought
to be vacated
2) The petitioners shall deposit S3500 with the City to be used to obtain an M A.I. appraisal
of the subject property in order to determine the fair market value of the area proposed to
be vacated Any funds not expended on an appraisal shall be applied to the compensation
due the City for the vacated right of way.
3) The City shall retain easement rights over, under and upon said property to be vacated for
its public utilities that either presently exist or may exist in the future therein.
4) For any private or quasi-private utility such as power, gas, telephone or cable TV which
has existing facilities within (under, upon and/or over) the right of way petitioned to be
vacated, the City shall retain the rights to grant to said utility operators an easement for
the operation and maintenance of same.
CA\pm S Termn\Plan\vacations\2005\2051997-2005-5CC090605 DOC
Enclosure—Map,Resolution No 1705
cc Scan Stewart, 10605 SE 240"Street,Kent,WA 98031
William Sterling&Candace Jackson,504 Hazel Avenue,Kent,WA 98031
Kent Church of NazarCne,930 East James Street,Kent,WA 98031
Jerry McCaughan,Property Manager
#STV-2005-5(KIVA#2051997)
Staff Report-City Council 09/06/05
Page 2 of 2
RESOLUTION NO. L?Of�
' A RESOLUTION of the City Council of the City
of Kent, Washington, regarding the vacation of a portion of
`Cedar Street;located in the City of Kent, Washington; and
setting the public hearing on the proposed street vacation
for September 6, 2005.
fRECITALS
A. A petition, attached as Exhibit A, has been filed to vacate a portion of
Cedar Street in the City of Kent, Washington.
tB. The petition is signed by the owners of at least two-thirds of the real
property abutting that portion of Cedar Street to be vacated.
C. The petition is in all respects proper.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON,DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION]. —Public Hearing, A public hearing on the street vacation petition
( requesting the vacation of a portion of Cedar Street, shall be held at a regular meeting
of the Kent City Council at 7:00 p.m., Tuesday, September 6, 2005, in the Council
tChambers of City Hall located at 220 4th Avenue South, Kent, Washington,98032.
1 1 Cedar Street—
Street Vacation
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 September 6, 2005. ,
SECTION 4. — Severability. If any section, subsection, paragraph, sentence,
clause or phrase of this resolution is declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this
resolution.
SECTION 5. —Ratification. Any act consistent with the authority and prior to
the effective date of this resolution is hereby ratified and affirmed. j
SECTION 6. —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 2 a day of Tc, 2005. ,
A
CONCURRED in by the Mayor of the City of Kent this �C day of
2005.
,MAYOR
2 Cedar Street—
Street Vacation
ATTEST:
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APPROVED AS TO FORM:
TOM BRUBAKER,CITY ATTORNEY
' I hereby certify that this is a true and correct copy of Resolution No. j 70 passed
A by the City Council of the City of Kent,Washington,the !day of J%Ly,2005.
Now
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NCmTRESOLUTIOThSNAC-CeduSued-hdsHrrvs doe
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3 Cedar Street-
Street Vacation
p SCE
JU4 14 2%5 D
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OnOFKENT
n...I.at a. KIVA Q.�J-al 1
Mayor Tim White
APPLICANT: c1 1
MAIL TO: NAME: SenF? J/Cali Jl /
CITY OF KENT ADDRESS: /%5 SE�7yp I
Property Management
220 S.4'"AvenueC�•r
Kent,WA 98032
ATTN: Jerry McCaughan PHONE:206
STREET ANDIOR ALLEY VACATION APPLICATION AND PETITION
Dear Mayor and Kent City Council:
We,the undersigned abutting property owners,hereby respectfully request that certain ❑Alley
;(Street hereby be vacated described as follow-,(include square feet).
s _Ret Cl e el FXlii -f � RECEIVED '
JUN 1 4 20Q5 '
�NrY OF KENT
PROPERTY m&NACEMEf(r
BRIEF STATEMENT WHY VACATION IS BEING SOUGHT
A "QLjEM= owuership and encutrbrance report must be obtained troin a Tale
Company and submitted with this appication that covets all the abutting properties
contiguous to alley or street sough to be vacated. When Corporations,partnerships, etc.
are being signed for,and then proof of radrvidual's authority to sign for same shall also
be submitted.
Attach a color-coded map of a scale of not less than I"-200'of the area sought for vacation.
(NOTE) Map must correspond with legal description
AUBUTTING PROPERTY OWNERS TAX LOT#
SIGNATURES AND ADDRESSES LOT,BLOCK&PLATISEC.TOWNRG.
4
$150.00 Fee Paid Treasurer's Receipt No.:
Appraisal Fee Paid Treasurer's Receipt No.:
Land Value Paid Treasurer's Receipt NO..
Deed Accepted Date-
Trade Accepted Date '
EXHIBIT "A"
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—�_ Page 2 Of 3
CITY OF Xf)jI
Cal CIIRn
That portion of Cedar Street lying South of Block I and 2,in S.G.Nickelson Sunnyside
Addition in Volume 45 Page 23,North of Block 3 Sunnyside Addition to Kent Volume 1
18 Page 66,Westerly of that Portionof Cedar Street Vacated in the City of Kent
Ordinance#2477
RECEIVED 1
JUN 1 4 1005 '
Nr10PFFiTY
QryOF FMNqKEWE-MEM
.--� RECEIVED 1 17 ((° C� Jun 09 211115
CITY OF KEK
PERMrrt:ENTfR
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EXHIBIT "A" 1
Page 3 of 3
. 4
COMMUNITY DEVELOPMENT
Fred N Satterstrom, AICP, Director
• PLANNING SERVICES
KEN T Charlene Anderson,AICP, Manager
WASHINGTON Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent, WA 98032-5895
September 6, 2005 PUBLIC HEARINGS ITEM #5A
TO: MAYOR JIM WHITE, COUNCIL PRESIDENT DEBORAH RANNIGER AND
CITY COUNCIL MEMBERS
FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER
THROUGH: MAYOR JIM WHITE
SUBJECT: CEDAR STREET EAST OF HAZEL AVENUE STREET VACATION
MOTION: To approve/disapprove/modify staff's recommendation of approval with 5 conditions
of the petition to vacate a portion of Cedar Street, as referenced in Resolution No 1705, and to
direct the City Attorney to prepare the necessary ordinance upon the applicant's compliance with
the conditions of approval.
During the past few weeks staff has worked to resolve issues with the proposed Cedar Street
Vacation so that the City can approve the proposal without causing access problems for any
historic lots which may still exist.
Staff is now recommending approval of the Cedar Street Vacation with the following condition,
in addition to those conditions listed in the August 30 staff memo in the Council packet
5. The applicant shall record a restrictive covenant, to run with the property, providing that
any land use or development application submitted to the city of Kent cannot initially
represent any more than the three lots on the application, except as those three lots will be
modified by this street vacation or a subsequent short plat of those three lots.
S \Permrt\Plan\vacations\2005\2051997-2005-5-cc0905-b DOC
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' CONSENT CALENDAR
6. City Council Action: r Q
Counctlmember moves, Councilmember
' seconds to approve Consent Calendar Items A through 16)
Discussion
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Action
' 6A. Approval of Minutes
Approval of the minutes of the regular Council meeting of August 16, 2005.
6B. Approval of Bills.
Approval of payment of the bills received through July 16 and paid on July 31 after
auditing by the Operations Committee on August 16, 2005.
Approval of checks issued for vouchers.
Date Check Numbers Amount
7/31/05 Wire Transfers 2121-2136 $1,223,415 56
7/31/05 PrcPays & 581085 1,572,700 43
7/311,05 Regular 581715 2,644,662 07
05/16/05 Use Tax Payable 2,165 59
$5,442,943 65
Approval of payment of the bills received through August 15 and paid on August 15
after auditing by the Operations Committee on August 16, 2005.
Approval of checks issued for vouchers.
Date Check Numbers Amount
8/15/05 Wire Transfers 2137-2152 S 1,315,824 05
8/15/05 Prepays & 581716 1,146,555 27
8/15/05 Regular 582355 1,761,713 04
05/16/05 Use Tax Payable 1,498 56
$4,225,590 92
Approval of checks issued for payroll for July 15 through July 31 and paid on August 4,
2005:
' Date Check Numbers Amount
7/25/05 Interim Check 285270 $ 62348
8/5/05 Checks 285599-285922 259,338 50
8/5/05 Advices 194100-l 84784 1.226.005 29
$1,485,343 79
Council Agenda
Item No 6 A-B
K E N T Kent City Council Meeting
-- -- W A S H I N G T 0 N August 16, 2005
' The special meeting of the Kent City Council was called to order at 7.00 p.m. by Mayor White.
Councilmembers present. Clark, Harmon, Peterson, Ranmger, Raplee, Thomas and White.
(CFN-198)
CHANGES TO THE AGENDA
A. From Council, Administration, or Staff. (CFN-198) Martin noted that there are two items
of pending litigation for discussion during the Executive Session.
' B. From the Public. (CFN-198) Continued Communications Items A and B were added at the
request of citizens
PUBLIC COMMUNICATIONS
A Financial Update by Finance Director Nachlinger. (CFN-186) Nachlmger summarized the
status of the budget as of June 30, 2005.
PUBLIC HEARING
A. 36th Avenue South Street Vacation. (CFN-102) Resolution No. 1704 established
August 16, 2005 as the public hearing date for the petition by Legend Development to vacate a
portion of 36`h Avenue South between Reith Road and South 260`h Street Staff recommends
approval with four conditions. Mayor White opened the public hearing Ted Kogita, 22527 Reith
Road, expressed concern about heavy traffic on Reith Road There were no further comments
from the audience and PETERSON MOVED to close the public hearing White seconded and the
' motion carved
WHITE MOVED to approve the staff recommendation of approval with conditions of the
application to vacate a portion of 36th Avenue South between Reith Road and South 260th Street,
as referenced in Resolution No. 1704, and to direct the City Attorney to prepare the necessary
ordinance upon compliance with the conditions of approval Peterson seconded and the motion
carried.
B. 1st Avenue North Street Vacation. (CFN-102) Resolution No 1702 established August 16,
2005 as the public hearing date for the petition by Tarragon-Kent Station Phase I, LLC to vacate a
portion of 1"Avenue North south of James Street. Staff recommends approval with one
condition Mayor White opened the public hearing There were no comments from the audience
and WHITE MOVED to close the public hearing. Harmon seconded and the motion carried
WHITE MOVED to approve the staff recommendation of approval with condition of the
application to vacate a portion of ls`Avenue North south of James Street, as referenced in
Resolution No 1702, and to direct the City Attorney to prepare the necessary ordinance upon
compliance with the conditions of approval. Harmon seconded and the motion carried.
' 1
Kent City Council Minutes August 16, 2005
CONSENT CALENDAR
RANNIGER MOVED to approve Consent Calendar Items A through I, including the modification ,
to Item H Clark seconded and the motion carried
A. Approval of Minutes. (CFN-198) The minutes of the special Council meeting of August 2, ,
2005 were approved.
B. Approval of Bills. (CFN-104) No numbers were available for approval. '
C. Geo-Engineers Contract for Bolger Road Grading Proiect. (CFN-1269)
The Mayor was authorized to sign the Consultant Services Agreement with Geo-Engineers to ,
provide inspection and testing assistance for the S 228`h Street Corridor Bolger Road Grading
project upon concurrence by the City Attorney and Public Works Director.
D. Thompson Smitch Consulting Group Contract for The King Conservation District
Grant. (CFN-1038) The Mayor was authorized to sign the Consultant Services Agreement with
Thompson Smitch Consulting group to provide assistance with the Green/Duwamish Ecosystem
Restoration Project upon concurrence by the City Attorney and Public Works Director.
E Chinook Salmon Conservation Plan Resolution. (CFN-1038) Resolution No. 1707 ,
ratifying, with conditions, the Watershed Resource Inventory Area (WRIA) 8 Chinook Salmon
Conservation Plan was adopted
F Washington State Department of Transportation Commute Trip Reduction
Implementation Agreement. (CFN-171) The Mayor was authorized to sign the Washington
State Department of Transportation Commute Trip Reduction Implementation Agreement for
2005-2007 upon concurrence by the City Attorney and Public Works Director, direct staff to
accept the agreement and establish a budget for the funds to be spent within said project.
G Transit Service Agreement with King County. (CFN-171) The Mayor was authorized to
sign the Interlocal Agreement with King County for operation of Route 918 (Commuter Shuttle)
for the period February 13, 2006 through February 9, 2007 upon concurrence by the City Attorney
and the Public Works Director.
H. Gage's Grove Final Plat. (CFN-1272) The Final Plat Mylar for Gage's Grove was approved ,
and the Mayor was authorized to sign the Mylar Gage's Grove, LLC, proposes to subdivide
approximately 8.78 acres into 23 single-family residential lots. The property is located at 12402
SE 240th Street. CLARK MOVED to make the August 16, 2005, memo from the Planning
Manager and the Decision on Reconsideration a part of the public record. Ranmger seconded and
the motion carried Those documents were inadvertently omitted from the agenda packet.
I Excused Absence for Councilmember Raplee from August 2, 2005, Meeting. (CFN-198)
An excused absence from the August 2, 2005 Council meeting for Councilmember Raplee was
approved.
2 '
Kent City Council Minutes August 16, 2005
BIDS
' A. City Hall Pipe Relining. (CFN-120) The bid opening was held on August 2, 2005 with one
bid received The apparent low bid was submitted by American Pipe Lining NW, Inc. for the
amount of$98,500.00, excluding Washington State Sales Tax (WSST). The Engineer's estimate is
$86,00 00, excluding WSST RANNIGER MOVED that the Mayor be authorized to enter into an
agreement with American Pipe Lining NW, Inc for the amount of$98,500 00. plus Washington
State Sales Tax to complete the City Hall Pipe Relining Project Harmon seconded and the motion
' carried
B. 2005 Traffic Re-Striping. (CFN-1162) The bid opening for this project was held on July 29,
2005, with three (3) bids received. The low bid was submitted by Stripe Rite, Inc in the amount
of$49,660 The Engineer's estimate was $5 t,935 WHITE MOVED to authorize the Mayor to
enter into a contract with Stripe Rite, Inc. in the amount of$49,660 for the 2005 Traffic Striping
project. Raplee seconded and the motion carried.
C. 118th Avenue Water Main Connection to Tacoma Pipeline 5. (CFN-1186) The bid
opening for this project was held on August 2, 2005 with eight (8) bids received The low bid was
submitted by Shoreline Construction Co in the amount of$1,036,837 89 The Engineer's
estimate was $858.766 36. WHITE MOVED to authorize the Mayor to enter into a contract with
Shoreline Construction Co in the amount of$1,036,837 89 for the 1 18th Avenue Water Main
Connection to Tacoma Pipeline 5 project Harmon seconded and the motion carved.
REPORTS
Council President. (CFN-198) Ranniger reminded Councilmembers of the emergency training
to be held on August 23rd.
Operations Committee. (CFN-198) Clark noted that the Suburban Cities Public Issues
Committee will meet at 7 00 p in. on August 17.
Public Safety Committee. (CFN-198) Ranniger noted that the Committee will meet at 5.00 p in
on August 18.
Parks and Human Services Committee. (CFN-198) Ranniger noted that the August meeting
has been cancelled.
Administrative Reports. (CFN-198) Martin reminded Councilmembers of the two pending
litigation items for Executive Session, which should take 15-20 minutes and said no action is
' expected on them.
' CONTINUED COMMUNICATIONS
A. Mayor's Salary. (CFN-198) Bob O'Brien, 1131 Seattle Street, stated that according to the
Mayor's calendar, he spends time working on public relations although someone else is being paid
to perform that function He suggested reviewing the Mayor's salary
B. Initiative 912. (CFN-198) Ted Kogita, 25227 Reith Road, expressed concern about the
Mayor's action on Initiative 912 :Mayor White responded that that is his responsibility.
3
Kent City Council Minutes August 16, 2005
EXECUTIVE SESSION
The meeting recessed to Executive Session at 7:27 p.m. and reconvened at 7:47 p.m. '
ADJOURNMENT
At 7 47 p.m., THOMAS MOVED to adjourn. Harmon seconded and the motion carried. '
Brenda Jacober, CMC
City Clerk
4 '
Kent City Council Meeting
Date September 6, 2005
Category Consent Calendar
' 1 SUBJECT: BACKUP SYSTEM REPLACEMENT— AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign Goods and Services
Agreements and Purchase Orders with Right Systems for a replacement data backup
system and installation services not to exceed $137,000.
The City's data backup systems have reached their limit in terms of age, capacity,
and their ability to perform the critical services surrounding data backup and recovery.
There are two major issues facing us with continued use of the existing system:
1) Hardware Age The costs of maintaining the equipment are rising as it grows older;
2) Backup Windows. The growth of the amount of data stored by IT and the backup
requirements have exceeded the time available to perform full verified backups
Without upgrade or replacement, the existing system is inadequate to meet the
requirements for data backup and disaster recovery archival purposes
3. EXHIBITS: Memo to Council Operations Committee, Backup systems bid review,
request for Quotation— Backup system, Right Systems' quotation
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? _X
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund T20103 Amount $137,000
Unbudgeted Revenue: Fund T20103 Amount $137,000
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6C
INFORMATION TECHNOLOGY
Paul Dunn, Technical Services Manager
Phone 253-856-4600
• Fax 253-856-4700
KEN T Address 220 Fourth Avenue S
WASHINGTON
Kent,WA 98032-5895
August 16, 2005
TO: Kent City Council Operations Committee
FROM: Paul Dunn, Technical Services Manager
THROUGH: Mayor Jim White
SUBJECT: Backup System Replacement
MOTION• I move to recommend that the Council authorize the Mayor to sign Goods and
Services Agreements and purchase orders to Right Systems for a replacement data backup
system and installation services not to exceed $137,000.
SUMMARY: The City's data backup systems have reached their limit in terms of age, capacity,
and their ability to perform the critical services surrounding data backup and recovery There are
two major issues facing us with continued use of the existing system, 1) Hardware Age The
costs of maintaining the equipment are rising as it grows older, 2) Backup WindO-*Vs The
growth of the amount of data stored by 1T and the backup requirements have exceeded the time
available to perform full verified backups Without upgrade or replacement, the existing system
is inadequate to meet the requirements for data backup and disaster recovery archival purposes
BUDGET IMPACT: Technology Plan 2002—estimate $150,000
BACKGROUND:
The existing data backup system was installed in the year 2001, and has reached its capacity.
The Technical Services Division of Information Technology instituted a study to forecast our
data backup capacity needs for the next 5 years A thorough evaluation of the technologies and
manufacturers was performed, and IT decided that the ADIC Pathhght VX 650 system would be
adequate to meet the department's requirements. A Request for Quotation was issued for the
equipment and installation services, and the lowest bidder was Right Systems of Tumwater,
Washington, with a total delivered bid price, including sales tax of$136,645 94.
Project Component Budget Estimate
ADIC Pathli ht VX 650 Backup System $137,000
Project Total $137,000
Attachments:
Backup Systems Bid Review
Request for Quotation — Backup System
Backup Systems Bid Review
29-Jul-05
�� KENT
TECHNOLOGT
Vendor AbUky to Deliver Defivery Time References Total Price Revised with Line 10 Quar
UmsoR OK 3-10 Days ARO 4 Provided $158,65760 $158,657o
WC Seems OK 2 weeks ARO 3 Provided $214,420.94 $205,843.
Right Systems OK 7-10 Days ARO 4 Provided $136,645.94 $136,645a
\ /'�•
�-/ KEN T Request for Quotation
Wq SHIMGTON
INFORMATION July 15, 2005
TECHNOLOGY
Summary: The City of Kent (City) intends to purchase a replacement data backup system for
the City's Information Technology Department The City's Information Technology
Department has researched available manufacturers and technologies, and has
decided to purchase a backup system built by Adic, Inc
The City is seeking vendors who meet the City's Qualifications, and who can
provide the equipment and services specified in this Request for Quotation.
Instructions: To be considered for this procurement, vendors must complete this RFQ package
and return it to:
SKent City Clerk's Office
Attention Information Technology Backup System RFQ Response
220 41h Ave South
Kent, WA 98032
Hand Delivered, Sealed responses must be delivered to the Kent City Clerk's
Office, located on the first floor of Kent City Hall, at 220 4th Ave South, Kent,
Washington.
Two full copies of the vendor's sealed response must be submitted. Incomplete
responses or responses that do not meet the criteria defined in this RFQ will be
considered non-responsive, and will not be evaluated All responses to this
RFQ must be received by the Kent City Clerk's Office no later than 2 PM as
shown on the CityClerk's Clock on Friday, July 29, 2005 . Any responses
received after the deadline will not be considered
Vendors must quote the products specified in this RFQ. Proposals for alternate
products will not be considered.
Vendor pricing quotations must quote the delivered price to the City of Kent,
including any required options or features, warranty service plans and prices,
applicable state and local taxes
Vendor price quotations must remain valid for a period of 90 days from the RFQ
due date
Vendors must certify that they are willing to enter into and be bound by the
conditions of the City of Kent's Goods and Services Agreement, a copy of which is
included as Attachment 1 to this RFQ.
pdunn Page 1 7/12/2005
U\Backup System RFQ doc
Evaluation: The City will evaluate the responses received to determine which response best
meets the criteria set forth for this procurement.
The following criteria will be evaluated for each response: �.
• Vendor's ability to deliver all products listed in this RFQ
• Total Delivered Price
• Quoted delivery lead time (ARO)
• Vendor customer references
Questions: All communications regarding this RFQ from vendors and other sources must be
directed through the following RFQ coordinator.
Paul Dunn
Information Technology Department
City of Kent
220 4th Avenue South
Kent, WA 98032
Phone. 253-856-4611
Fax- 253-859-4700
Email. pdunn@ci kent.wa.us
Vendors who seek information, clarification, or interpretations from any other City
employee are advised that such material is used at the vendor's own risk and the
City shall not be bound by any such representations
Definitions: The terms and abbreviations used in this document are described below-
Delivered Price The full and final price for the quoted product, delivered to
the City (FOB City of Kent,220 4th Ave South, Kent, WA
98032)
Vendor The business entity who has submitted a response to this
RFQ, and who intends to do business with the City.
RFQ Request for Quotation
pdunn Page 2 7112005
U\Backup System RFQ doc
Specifications:The table below lists the products and services that the City is requesting
quotations for-
Item Quant. ADIC Part Description
No. Number
1 1 9-00512-01 Pathlight VX, Entry level Solution, Includes Gold Support for two
ears Provides 7.6 TB usable capacity
2 2 3-00782-03 3.0 M Optical Multi-Mode cable, LC-LC 62 5 micros
3 2 3-00782-01 7 5 M Optical Multi-Mode cable, LC-LC 62.5 micros
4 1 3-00782-05 2 M Optical Multi-Mode cable, LC-LC 62 5 micros
5 1 7-00022-30 Zone 1 Pathli ht VX Entry and Standard Solution Installation
6 1 99-6802-02 Scalar 100 LTO, 72 slots (60 Data slots, 12 slot mailbox)
7 3 9-00318-01 Scalar LTO-2 Drive module LVD
8 1 93-0807-01 Scalar 100 rack mount kit
9 1 93-6675-01 Scalar 100 secondary Power Supply module
10 2 9-00390-01 Scalar SNC 6101, 2 GB, 2 FC LC connector x4 LVD SCSI
w/ADIC Management Console, Scalar firewall Manager and
Data Driver Module. Includes 1 2ft Interface cable HD68/VHDCI
and 1 10 ft null modem cable.
11 1 7-00017-01 Scalar 100 SCSI installation
12 20 1-00760-01 LT02 200 GB Cartridge 5-pack pre bar-coded starting number
001000
13 1 7-00078-06 Scalar 100 Series, Zone 1 Gold Support Plan, year 1
14 3 7-00087-06 Per FC or Storage Networking Drive, Zone 1 Gold Support
15 1 7-00078-09 Scalar 100 Series, Zone 1 Gold Support, year 2 or 3
16 3 7-00087-09 Per FC or Storage Networking Drive, Zone 1 Gold Support Plan,
Year 2 or 3
Vendor Qualifications:
The following qualifications define the business criteria that will be used to
evaluate the Backup Systems vendor.
No. Criteria Mandatory Desired
V1 Vendor has been in business for at least 5 years ✓
V2 Vendor is licensed and legally entitled to do business in ✓
Washington State
V3 Vendor maintains a local service and maintenance force ✓
V4 Vendor's service and maintenance force is certified by the ✓
Manufacturer to service and repair the ADIC Backup Systems.
V5 Vendor is not disqualified from doing business with the City of ✓
Kent
pdunn Page 3 7/12/2005
U Oackup System RFQ doc
i
Vendor RFQ Response, Quote, and Certification
This section must be completed in its entirety by the vendor in order for the response to
this RFQ to be considered complete.
Vendor Data:
Company Name
Headquarters Address
Headquarters Telephone
Washington State Office Address
Washington State Office Telephone
Vendor Sales Account Representative
Account Representative Telephone Number
Vendor Qualifications:
No Criteria Mandatory Desired Vendor Response
V1 Vendor has been in business for at ✓
least 5 years
V2 Vendor is licensed and legally entitled ✓
to do business in Washington State
V3 Vendor maintains a local service and ✓
maintenance force
V4 Vendor's service and maintenance ✓
force is certified by the Manufacturer to
service and repair the ADIC Backup
Systems
V5 Vendor is not disqualified from doing ✓
business with the City of Kent
Vendor Customer References:
Please provide at least two customer references who have purchased similar
systems and services from your organization in the past 2 years
Reference 1 Reference 2 Reference 3
Company Company Company
Contact Contact Contact
Title Title Title
Telephone Telephone Telephone
Email Email Email
System Installed System Installed System Installed
pdunn Page 4 7112;2005
U\Backup System RFQ doc
Vendor Quotation
In this section, please complete your quotation, showing line item costs, and delivery times At the bottom, please quote tt
any freight,taxes, or other charges.
Item Delivery Time ADIC Part
No. Ouant Cost Ea Ext Cost ARO Number Desci
1 1 9-00512-01 Pathlight VX, Entry level Solution, Includes Gold
Cabinet Enclosure Provides 7 6 TB usable capE
2 2 3-00782-03 3 0 M Optical Multi-Mode cable, LC-LC 62 5 mic
3 2 3-00782-01 7.5 M Optical Multi-Mode cable, LC-LC 62 5 mic
4 1 3-00782-05 2 M Optical Multi-Mode cable, LC-LC 62 5 micro
5 1 1 7-00022-30 Zone 1 Pathli ht VX Entry and Standard Solutioi
6 1 99-6802-02 Scalar 100 LTO,72 slots 60 Data slots, 12 slot
7 3 9-00318-01 Scalar LTO-2 Drive module LVD
8 1 93-0807-01 Scalar 100 rack mount kit
9 1 93-6675-01 Scalar 100 secondary Power Supply module
10 2 9-00390-01 Scalar SNC 6101,2 GB, 2 FC LC connector x4 I
Scalar firewall Manager and Data Driver Module
and(1) 10 ft null modem cable
11 1 7-00017-01 Scalar 100 SCSI installation
12 20 1-00760-01 LT02 200 GB Cartridge 5-pack re bar coded s1
13 1 7-00078-06 Scalar 100 Series,Zone 1 Gold Support Plan,yE
14 3 7-00087-06 Per FC or Storage Networking Drive,Zone 1 Gc
15 1 7-00078-09 Scalar 100 Series,Zone 1 Gold Support,year 2
16 3 7-00087-09 Per FC or Storage Networking Drive, Zone 1 Gc
Subtotal Delivery and
Freight Installation —
Taxes Days ARO
Other
Total Quoted Price
pdunn Pages 7/12/2005
U\Backup System RFQ doc
i
Additional Room for Vendor Comments:
No. Comments
Certification:
By signing below, the vendor certifies that this quotation represents the true, accurate and final delivered
price for the goods and services offered, and that the vendor is legally authorized to enter into a Goods and
Services Agreement with the City of Kent to provide the goods and services quoted herein to the City of
Kent.
This quotation is offered to the City of Kent by:
Company Name-
Authorized Company Representative
Signed
Date:
This quotation is valid for 90 days from July 29, 2005. '
i
Attachment 1 —Goods and Services Agreement
GOODS & SERVICES AGREEMENT
between the City of Kent and
I [Insert Vendor's Co. Name]
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and [Insert Vendor's Company Name] organized under the laws of the State of [Insert
State Co. Formed Under], located and doing business at [Insert Vendor's Address, Phone Number, and Contact
Person] (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following services for the
City:
[Insert Detailed Description of goods, materials, and/or services Vendor will be providing.
Please be as detailed as possible. You may also refer to an Exhibit so long as it is clearly
identified by title and date.]
Vendor acknowledges and understands that it is not the City's exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and
services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete
the work and provide all goods, materials, and services [Enter either "within" or "by" depending on deadline in
next form field] [Insert either a date specific or enter#of days, weeks, months, years, etc.].
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed [Insert maximum
dollar amount to be paid for services. You may type out the dollar amount and place the numerical dollar
amount in parentheses or you may just enter the numerical dollar amount], including applicable Washington
State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the
Vendor the following amounts according to the following schedule:
[Insert Detailed Description of how Vendor is to be Paid for its Goods and Services]
If the City objects to all or any portion of an invoice, it shall notify Vendor 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.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor
for any defective or unauthorized goods, materials or services. If Vendor is unable, for any
reason, to complete any part of this Agreement, the City may obtain the goods, materials or
services from other sources, and Vendor shall be liable to the City for any additional costs
incurred by the City "Additional costs" shall mean all reasonable costs, including legal costs
and attorney fees, incurred by the City beyond the maximum Agreement price specified above
The City further reserves its right to deduct these additional costs incurred to complete this
Agreement with other sources, from any and all amounts due or to become due the Vendor
B. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY
MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR
FINAL PAYMENT IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Vendor has the ability to control and
direct the performance 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.
VI. CHANGES. The City may issue a written change order for any change in the goods, materials or
services to be provided during the performance of this Agreement. If the Vendor determines, for any reason,
that a change order is necessary, Vendor must submit a written change order request to the person listed in the
notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date
Vendor knew or should have known of the facts and events giving rise to the requested change. If the City
determines that the change increases or decreases the Vendor's costs or time for performance, the City will
make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all
equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable
adjustment as it deems appropriate The Vendor shall proceed with the change order work upon receiving either
a written change order from the City or an oral order from the City before actually receiving the written change
order If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make
any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor
disagrees with the equitable adjustment, the Vendor must complete the change order work, however, the
Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims,
below.
The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as
provided in this section shall constitute full payment and final settlement of all claims for contract time and for
direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected
by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by a change order, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the
City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City
of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or
within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events
giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or
extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been
waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions
of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items I
through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING
jTHAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the clammed work and how that estimate was
determined; and
5. An analysis of the progress schedule showing the schedule change or disruption if
the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of
the asserted events giving rise to the claim The City shall have access to any of the Vendor's
records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty to Complete Protested Work In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this Agreement.
D Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also
waives any additional entitlement and accepts from the City any written or oral order (including
directions,instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the City
any written or oral order (including directions, instructions, interpretations, and determination)
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
IX. WARRANTY. This Agreement is subject to all warranty provisions established under the
Uniform Commercial Code, Title 62A, Revised Code of Washington Vendor warrants goods are
merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance
with their specifications and Vendor's representations to City. The Vendor shall correct all defects in
workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work In
the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts
will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for
one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the
Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may
complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the
correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or
sub-contractor 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. �
Vendor 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.
XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds to
avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 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.
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit [Insert Exhibit #] attached and incorporated by
this reference
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor 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 Vendor's
own risk, and Vendor 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.
XIV. 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' performance 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
XI 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 notice
hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in wnting.
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 wntten 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 Vendor.
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 Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS,the parties below execute this Agreement, which shall become effective on the last
date entered below.
VENDOR: CITY OF KENT:
By: By:
(Signature) (signature)
Print Name: Print Name: Jim White
Its Its Mayor
(Tale)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
[Insert Contact Name] [Insert Name of City Rep. to Receive Notice]
[Insert Company Name] City of Kent
[Insert Address] 220 Fourth Avenue South
[Address - Continued] Kent, WA 98032
[Insert Telephone Number] (telephone) (253) [Insert Phone Number] (telephone)
[Insert Fax Number] (facsimile) (253) [Insert Fax Number] (facsimile)
APPROVED AS TO FORM:
Kent Law Department
[In this field,you may enter the electronic filepath where the contract has been saved]
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
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
affirmative 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
termination 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. Dunng the time of this Agreement the prime 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.
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:
i
For-
Title.
Date-
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE:
January I, 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 $10,000 or more within any given year. must
take the following affirmative steps:
1. 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.
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
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_.
By.
For:
Title:
Date:
Right' The Right! Solution l�
•
nCstems for any situation ice' Advanced Digital Information Corp uotatlon
From: Tony Matlick
To- Paul Dunn Account Executive
City of Kent 2918 Ferguson ST SW Suite A
TOTAL PRICE TO CUSTOMER Tumwater, WA 98512
INCLUDES PRODUCT. TAX. & SHIPPING Direct Line: 360-528-8610
Fax: 360-956-0336
Toll Free 800-571-1717 ext. 2600
tmatlick ri hts s.com
Date: 7/20/2005 Payment Terms- NET 30
Shipping Terms. F.O.B. Origin
y,<s, r,% t ,.f „;> " fic a r�-4# id f'=�-Nllveri
1 ADIC PATHLIGHT VX Pathlight VX, Entry Level Solution 1 7905893 79 058 93
2 ADIC SCALAR 100 Scalar 100 Base Unit w/drives 1 23,280 37 23,280 37
3 ADIC ACCESSORIES Cables, Media, RM Kit, SNC, P/S 1 11,028 47 11,028 47
4 ADIC INSTAL SERVICES Installation of Pathlight VX&Scalar 100 1 4,71204 4,71204
5 ADIC GOLD SUPPORT 3yr Gold Support for Pathlight VX& Scalar 100 1 6,91388 6,91388
Hardware and services subtotal: 124,993 69
6 SHIP SHIPPING Standard Shipping Charge 1 60000 60000
Subtotal including Shipping: 125 593 69
Tax @ 8 8%: 11,052 25
:-+➢"470"kM 6
RSI Terms and Conditions apply For a copy, please contact me at the number listed above.
Printed 712712005,9'28 AM Thank you for the opportunity to quote. Page 1
° G��J,L�
Right' The Right' Solution
Systems for any situation CorpInc r� Advanced Digital Information Quotation
From- Tony Matlick
To' Paul Dunn Account Executive
City of Kent 2918 Ferguson ST SW Suite A
PART NUMBER BREAKDOWN 'Tumwater, WA 98512
Direct Line: 360-528-8610
Fax: 360-956-0336
Toll Free 800-571-1717 ext. 2600
tmatlick ri hts s.com
Date 7/20/2005 Payment Terms NET 30
Shipping Terms. F.O B. On in
1 tit" Qil 1 f t ?tl sn #" Ito, , 40 Ext4nd4d Delfve
1 ADIC 9-00512-01 Pathlight VX, Entry Level Solution, Includes 2yr 1 7905893 79,058 93
Gold Support, 7 6TB usable capacity& Up to
0 6TB Per hour
2 ADIC 3-00782-03 30M Optical MM Cable, LC-LC,62 5 micron 2 10877 21754
3 ADIC 3-00782-01 7 5M Optical MM Cable, LC-LC, 62 5 micron 2 7286 14572
4 ADIC 3-00782-05 2M Optical MM Cable, LC-LC, 62 5 micron 1 4823 4823
5 ADIC 7-00022-30 Zone 1, Pathlight VX Entry & Standard Install 1 4,71204 4 71204
6 ADIC 99-6802-02 Scalar 100 LTO, 72 slots, (60data, 12madbox) 1 8,62810 8,628 10
7 ADIC 9-00318-01 Scalar 100 LTO-2 Drive Module, LVD 3 4,88409 14,652 27
ADIC 92-0807-01 Rack Mount Kit for Scalar 100 1 22576 225 76
9 ADIC 93-6675-01 Scalar 100 Secondary Power Supply 1 1,05235 1,05235
10 ADIC 9-00390-01 Scalar 100 SNC 6101 2GB, 2 FC LC Con 1 5,12832 5,12832
1 ADIC 1-00760-01 2000B LTO-2 Pre-Labled Cartridge 20PK 5 84211 4,210 55
2 ADIC 7-00078-06 Zone 1, Scalar 100 Gold Support, YR 1 1 1,12880 1,12880
13 ADIC 7-00087-06 Zone 1, Per Drive Gold Support,YR 1 3 50026 1,50078
4 ADIC 7-00083-09 Zone 1, Scalar 100 Gold Support, YR 2& 3 1 2,321 73 2 321 73
5 ADIC 7-00087-09 Zone 1, Per Drive Gold Support, YR 2 &3 3 65419 1 96257
nwg
V NAM TO :Irex-
REWR ON FFMNNNF�5.11-4
RSI Terms and Conditions apply. For a copy, please contact me at the number listed above.
Pnnted 7/27/2005, 9 28 AM Thank you for the opportunity to quote. Page 1
Kent City Council Meeting
Date September 6, 2005
Category Consent Calendar
1. SUBJECT: 2005-06 WASHINGTON CONSERVATION CORPS SPONSOR
CONTRACT— AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Washington
Conservation Corps Sponsor Agreement, in the amount of$85,000 and direct staff to
pay any expense out of the drainage operating fund.
3. EXHIBITS: Public Works Director's memorandum and Washington Conservation
Corp contract
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure9 X Revenue?
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
r
DISCUSSION:
ACTION:
Council Agenda
Item No 6D
PUBLIC WORKS DEPARTMENT
Larry Blanchard, Public Works Director
Phone 253-856-5500
KEN T Fax 253-856-6500
W A S N I N O T O N Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: August 10, 2005
TO: Public Works Committee
FROM: Michael Mactutis, Environmental Engineering Manager
THROUGH: Larry Blanchard,Public Works Director
REGARDING: 2005-06 Washington Conservation Corps Sponsor Contract
MOTION: Recommend authorizing the Mayor to sign the Washington Conservation Corps
Sponsor Agreement, in the amount of$85,000, and direct the staff to utilize these funds to
purchase landscaping and maintenance labor for various capital improvement projects.
jSUMMARY: This agreement will provide a portion of the salary,benefits, tools, and
transportation costs for a 5-person crew and supervisor(the Amencorps service program will
provide the other portion as well as educational scholarships for crew members) to participate in
the landscaping and maintenance of various capital improvement projects within the
Environmental Engineering Section This agreement will provide substantial cost saving to the
City of Kent when compared with traditional landscaping and maintenance contracts This
agreement covers the time period between October 1, 2005 and September 30, 2006. The Public
Works Department recommends authorizing and executing the agreement.
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND: The Washington Conservations Corps (WCC) is a youth job skills training
program administered by the Washington State Department of Ecology that was modeled after
the Civilian Conservation Corps of the 1930's and `40's Under the WCC program, young adults
between the ages of 18-25 will be employed for a period of 12-months to conserve and enhance
the State of Washington's natural resources. Work crews are recruited from the local area and
receive the State minimum wage(currently$7.35/hour), basic health care insurance and a$4,725
educational scholarship upon completion of 12 months of service The City of Kent has
participated m this program since 2000. The Kent crew will pnmanly be involved in planting
and maintaining natural areas as part of current Stormwater Capital Improvement Projects
DEPARTMENT OF ECOLOGY ENGINEERING DEFT
WASHINGTON CONSERVATION CORPS
MEMORANDUM
July 25, 2005
TO Project Sponsor
FROM Nicholas Mott L �'
Washington Conservation Corps
SUBJECT WCC/AmenCorps 2005-2006 Contract
Thank you for your request to continue working with the Washington Conservation
Corps/AmenCorps for the 2005-2006 program year We appreciate the relationship with
our Project Sponsors and are pleased that you have placed value on our ability to assist
you in your environmental enhancement activities for another year. Attached are three
documents that are part of the contracting requirements for the coming year
I Two copies of the 2005-2006 contract Please make sure the contract totals are
correct and consistent with your understanding of the cost we had discussed If
so,please sign both copies and return one to the WCC for our records.
2 Special Term and Conditions Based on your request for a 5 month, 11 month or
12 month crew agreement, you will see the Terms and Conditions for the
upcoming year.
3. 2005-2006 WCC Calendar. In order to provide better information in regard to
training, community service, and other scheduled times where the crew will be
unavailable for project work, we have attached a calendar for the upcoming year.
Please feel free to call me with any questions you might have with any of the attached
paperwork I would ask that you return one copy of the WCC Sponsor Contract to me no
later than September 15, 2005.
Once again, thanks for your support of the WCC, and we look forward to a great year in
partnerslup
C:IWRDFILESIFILES\TEMPLATEIMEMO.DOC
—�— WCC AGREEMENT NO WCC05-16-004
.,_ ,, WASHINGTON CONSERVATION CORPS
E`E"o'i 0 c°r SPONSOR CONTRACT I I
THIS CONTRACT made by and between the State of Washington Department of Ecology Conservation Corps,
hereinafter referred to as the "DEPARTMENT," and that entity whose name appears in item 1, below,
hereinafter referred to as the "SPONSOR "
1. SPONSOR City of Kent 2. CONTACTS
3. ADDRESS: Engineering Dept DEPT PROJECT LEADER Nicholas Mott (360) 407-6077
220 4th Ave S SPONSOR CONTACT Matt Knox (253) 437-2051
Kent, WA CREW SUPERVISOR Katie Fischnaller (206) 940-3614
98032-5895 OTHER
SPONSOR FISCAL OFFICER
4. PROJECT TITLE/DESCRIPTION: City of Kent WCC/AmeriCorps
5. PROJECT LOCATION: City of Kent
6. SCOPE OF WORK: Various
7. PERIOD OF PERFORMANCE:
CONTRACT BEGINS October 3, 2005 CONTRACT ENDS September 30, 2006
B. MAXIMUM BUDGET REIMBURSED
to DEPARTMENT
by Sponsor
Provided by DEPARTMENT Cost Provided by SPONSOR/DONATIONS COST
WCC Crew(5 members and $ $85, 000
supervisor) for 12 months
Total DEPARTMENT Cost $ Total SPONSOR COST $85,000
Above cost
Not to be
Exceeded
10. Special Terms and
Conditions
ONO 0 Yes (See
XVII )
11 Biennial Closures: In accordance with biennial closing procedures, the sponsor must REMARKS
reimburse the DEPARTMENT no later than June 30, 2007 for services or material supplied
under this contract when submitted for payment on properly itemized vouchers (Form A-19)
AFRS ACCOUNT CODE
TRANS APPN PROG PROJECT SUB PROS ORO CO OBJ SOB AMOUNT
CODE FOND INDE INDE FEW PEAS INDE OBJ
x x x
IlAII rights and obligations of the parties to this contract shall be subject to and governed by those General Terms and Conditions contained in
the text of this contract Instrument and Section XVtI 'SPECIAL TERMS AND CONDITIONS"
4
11 In the event of an inconsistency in this contract,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in
the following order (a) Applicable Federal &State Statutes & Regulations, (b) Special Terms and Conditions, and (c) General Terms and
Conditions
11 This contract and its appendices, if any, contains all the terms and conditions agreed upon by the parties No other understandings,oral or
Itotherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto
his contract shall be subject to the written approval of the authorized representative of the DEPARTMENT and shall not be binding until so
approved Only the authorized representative by writing(delegation to be made prior to action)shall have the expressed,implied,or apparent
authority to alter, amend, modify, or waive any clause or condition of this contract Furthermore,any alteration, amendment, modification, or
waiver of any clause or condition of this contract is not effective or binding unless made In writing and signed by the authorized
representative
V AUTHORITY AND PURPOSE
JA Authority
The Legislature enacted Chapter 43 220 ROW which created the Washington Conservation Corps,hereinafter referred to as the"WCC,"
and named the DEPARTMENT as one of six state agencies having implementation authority
B Purpose
The purpose of this contract is to establish a formal understanding between the DEPARTMENT and the SPONSOR to accomplish the
I project described in Section 7 "SCOPE OF WORK"
This contract is designed to specify the kinds and amounts of goods and services to be used and/or exchanged by the DEPARTMENT
and the SPONSOR to their mutual benefit through a WCC project
The SPONSOR acknowledges that participation in the WCC program shall not result in the displacement of currently employed workers,
including partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits, nor in the
impairment of existing contracts for services
� EFINITIONS
"SPONSOR Contact" shall mean the person who serves as the SPONSOR's lead on the project and shall cooperate with all parties
concerned to promote successful completion of the project described in Section 7 'SCOPE OF WORK'
B "SPONSOR Work Director" shall mean the person who specifies work to be performed onsite,outlines, describes,and delegates work to
be accomplished; supplies necessary orientation and training for use of special equipment and procedures, and is responsible for
directing WCC crew supervisor(s)regarding specific project tasks as described in Section 7 'SCOPE OF WORK"
"DEPARTMENT Project Leader shall mean the person who is responsible for developing and facilitating the project and shall serve as
liaison between the DEPARTMENT and SPONSOR PROJECT LEADER assumes ultimate responsibility to ensure adequate
t coordination of the project
"Corps Member' shall mean an individual enrolled in the WCC program Corps members shall not be considered regular state employees
Provisions of law relating to civil service, hours of work, rate of compensation, sick leave,unemployment compensation, state retirement
plans and vacation leave do not apply to the Corps members However,medical aid and state industrial insurance will be provided by the
DEPARTMENT for each Corps member
E "Crew Supervisor' shall mean the person who is responsible for matters relating to personnel admimsirabon and overall project direction
He/she supervises Corps members (generally four or more) regarding work to be accomplished and is responsible for individual crew
safety, daily crew supervision and discipline, completes Corps member training plans, and provides a written evaluation of each Corps
members job performance and skills acquired after two months and at termination of employment
I SCOPE OF WORK
Both parrties agree to compete in a satisfactory and proper manner the services described under the Section 7 "SCOPE OF WORK'of
this contract, and to provide materials and supplies necessary to ensure satisfactory completion of the project, including any special
equipment required by special work conditions,and to procure any necessary permits such as right of entry The DEPARTMENT agrees
to provide Corps members who will be used to complete said work All equipment provided by either the DEPARTMENT or the
SPONSOR shall be returned to the provider within fifteen(1 S)days after termination of this contract,unless otherwise specified in Section
XVII "SPECIAL TERMS AND CONDITIONS"
VIII PERFORMANCE
A Time for Performance Any work performed prior to the effective date of this SPONSOR CONTRACT, or continuing after the completion
date of same,unless otherwise agreed upon in writing herein,will be in violation of this contract and will be at the SPONSOR's expense
B Compliance With All Laws The SPONSOR agrees to observe all federal and state laws, regulations, and policies affecting performance
under this contract
C Release of Information or Materials The SPONSOR will not release any information or materials developed pursuant to this contract
without prior written authority from the DEPARTMENT
0 Final Report Evaluation Within 15 days after termination of this contract, the SPONSOR shall provide the DEPARTMENT with a wntten
evaluation of the project At a minimum,the following shall be evaluated
1 Benefit to Corps members 4 Whether the overall goals and objectives of the project were obtained
2 Environmental benefits 5 Suggestions for program improvement
3 Department cooperation/coordination 6 Revised estimates of alternate supplier cost and SPONSOR
cost/donation
1X TERMINATION OF CONTRACT
A Termination by SPONSOR for Cause If the DEPARTMENT fails to fulfill in a timely and proper manner As obligations under this contract,
or if DEPARTMENT shall violate any of the covenants,agreements,assurances,or stipulations of the contract, SPONSOR shall have the
right to terminate this contract by giving written notice specifying the effective termination date to the DEPARTMENT at least seven (7)
days before such date
B Termination by DEPARTMENT for Cause If SPONSOR fails to fulfill in a timely and proper manner its obligations under this contract,or if
SPONSOR shall violate any of the covenants, agreements, assurances, or stipulations of the contract, DEPARTMENT shall have the
right to terminate this contract by giving written notice specifying the effective termination date to the SPONSOR at least seven (7)days
before such date
C Termination by DEPARTMENT for Convenience The DEPARTMENT may terminate this contract by giving written notice to SPONSOR of
such termination and specifying the effective date thereof at least ten (10) days before the effective dale of such termination In that
event ad finished or unfinished documents and other materials as described above shalt be delivered to DEPARTMENT for its review
After the review at the option of DEPARTMENT such documents or material or portions thereof shali became its property
D Insufficient Funding In the event funding from state,federal, or other sources is withdrawn, reduced,or limited in any way after the after
the effective date of this contract and prior to normal completion, the DEPARTMENT may terminate the contract under Section IX C
"Termination by DEPARTMENT for Convenience'clause,subject to renegotiation under those new funding limitations and conditions
X LIABILITY
A When direct supervision is provided by the DEPARTMENT employed crew supervisor, the DEPARTMENT agrees that WCC members
working under this contract are agents of the DEPARTMENT, and therefore the DEPARTMENT shall be liable for personal injury or
property damage caused by WCC Corps member negligence
B When direct supervision is provided by the SPONSOR, the SPONSOR agrees that WCC Corps members working under this contract are
agents of the SPONSOR, and therefore the SPONSOR shall be liable for personal injury or property damage caused by WCC Corps
member negligence
C To the extent that the Constitution and laws of the State of Washington permit,all parties to this contract shall be responsible for damage ,
to persons or property resulting from the negligence on the part of itself, its employees, its agents, or its officers None of the parties
assume any responsibility to the other parties for the consequences of any act or omission of any person,firm,or corporation not a party
to this contract
XI NON-DISCRIMINATION
The DEPARTMENT and the SPONSOR agree to be bound by all federal and state laws, regulations,and policies against discrimination and
agree not to discriminate in employment,either directly or indirectly,because of a person's age,sex,sexual orientation,marital status,creed,
color,national origin,or the presence of any sensory,mental,or physical handicap, unless based upon a bona fide occupational qualification
Kit DISPUTES
Except as otherwise provided in this contract, when a bona fide dispute arises between the DEPARTMENT and the SPONSOR and ii cannot
be resolved, either party may request a dispute resolution with the DEPARTMENT The parties agree that this dispute resolution process shai;
precede any action in a judicial tribunal Either party's request for a dispute resolution must
A be in writing,
B state the disputed issues,
C state the relative positions of the parties,
D state the SPONSOR's name,address, and WCC Agreement number,
E be mailed to the DEPARTMENT within thirty(30) days after the party could reasonably be expected to have knowledge of the issue(s)
which are now in dispute
(J INVOICE VOUCHERS
Reimbursable expenditures under the terms and conditions of this contract shall in no event exceed the amount set forth herein The
SPONSOR shall reimburse the DEPARTMENT for services performed when submitted on a properly itemized voucher(Form A-19) in
accordance with Section 9 "MAXIMUM BUDGET Reimbursement shall be made by the SPONSOR within thirty(30) days of receipt of
said voucher
AMENDMENTS
Changes in the scope of this contract which cause an increase or decrease in the cost of,or the time required for the performance of any
part of the scope of work under this contract, shall be accomplished by written amendment and executed by both parties prior to
implementation
XV SUBCONTRACTS
1 The SPONSOR shall not enter into subcontracts for any of the work contemplated under this contract without obtaining prior written
approval of the DEPARTMENTS PROJECT LEADER
(�RECORDS RETENTION
Both parties shall maintain books,records,documents and other evidence of accounting procedures and practices which sufficiently and
properly reflect all direct and indirect costs of any nature expended in the performance of the SPONSOR CONTRACT These records
shall be subject at all reasonable times to inspection, review,or audit by duly authorized personnel for six years after the contract end
date
Vil SPECIAL TERMS AND CONDITIONS
Special terms and conditions of this contract contained in the box below are made a part of this contract(requires initials)
Department Sponsor
ee Attached
Al ENTIRE CONTRACT
This document contains the entire and integrated contract between the parties,and no statement, promise,inducement or agreement
made by the DEPARTMENT or its agents or employees that is not contained in this written contract shall be valid or binding No
alteration,addition,or modification of any of the terms or conditions of this contract shall be effective if not in writing and signed by the
authorized representatives of the SPONSOR and the DEPARTMENT
INATUR£S
SOR DEPARTMENT
BY
TITLE Field Operations Coordinator
1TE DATE- Z 25/05
Pre-Approv as to form by the Assistant Attorney General
s an Equal Opportunity and Affirmative action employer For special accommodation needs,on the Washington Conservahon Corps at(206)407 6947
•TbD number is(206)407-6006
Special Terms and Conditions
AmeriCorps 2005/06
1 A flat fee of$85,000 is contracted for WCC crew of 5 corpsmembers and 1 Crew
Supervisor for 12 months,including a truck, a basic set of hand tools, and training Sponsor
will be billed a flat fee of$7,083 per month This fee is not based on actual crew days
worked or number of corpsmembers on the crew No cost reductions will be applied due to
crew at less than full capacity.
2. Corpsmember AmeriCorps program year consists of October 3, 2005 through September
28, 2006 All members will graduate at that time.
4 Corpsmembers will be hired and working no sooner than October 3, 2005 and no later
than November 1, 2005 to attain a full AmeriCorps scholarship
5 Corpsmember vacancies can be filled with a 900 hour, half AmeriCorps scholarship from
March 1-31, 2006 There will be no further corpsmember luring for the rest of the
program year
6 All state holidays will be non-working days with no make up hour allowed Those
holidays (and Christmas break) include
November 24125, 2005-Thanksgiving
December 26-Jan. 2/Chnstmas/New Year's Break
January 16, 2006-MLK Day
February 20, 2006-President's Day
May 29, 2006-Memonal Day
July 3-6, 2006-Independence Day/Summer Break
7 There will be 2 weeks of formal WCC corpsmember traimng, dates listed in attachment.
8. There will be a 2 day New Member Orientation, dates listed in attachment by region
9. There will be one week of CommunityService January 16-19 2006
�Y
10 Corpsmembers will be required to attend community service events, cross training
opportunities,National Day of Service events, any appropriate admimstrative meetings, and
Emergency Response activities at minimal notice,as needed
11. Sponsor agrees to provide a secure site to store tools and park WCC/State vehicle WCC
vehicle is not to be used for heavy hauling. The primary use of vehicle is for
transportation of crew, tools, and safety equipment.
12 The WCC standard workweek is Monday through Thursday from 7.00am to 5 30pm An
alternate work schedule may be arranged with prior approval from the WCC
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Kent City Council Meeting
Date September 6, 2005
Category Consent Calendar
1. SUBJECT: AMENDMENT TO WATERLINE EASEMENT AGREEMENT—
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to execute the respective
document(s) to amend the waterline easement to reflect the revised watermam location
as described in the legal description attached as Exhibit A
3. EXHIBITS: Public Works Director's memorandum, Easement and Legal
Description
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc )
5. 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 moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6E
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, P E Public Works Director
Phone 253-856-5500
a Fax 253-856-6500
KENTAddress: 220 Fourth Avenue S
W A e H I N O T O N Kent,WA_9a032-5895
DATE: August 15,2005
TO: Public Works Committee
FROM: Tim LaPorte, Design Engineering Manager
THROUGH: Larry Blanchard Public Works Director
SUBJECT: Authorizing the Amendment to Waterline Easement across the proposed plat
of Verdana (Connection to Tacoma Pipeline #5)
REVISED
MOTION: Recommend the Council authorize the Mayor to execute the respective document(&)
to amend the waterline easement to reflect the revised watermain location as described in the
legal description attached as Exhibit A.
SUMMARY:
Portions of the existing public watermains have been relocated to avoid conflicts with the BPA
towers. The existing watermain easement needs to be relocated and a new watermam easement
needs to be granted to the City. The new easement will fully encompass all the areas where the
new waterinains will be located.
i
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
BACKGROUND:
Kent 160 LLC, a Washington limited liability company purchased the City of Kent Water
Impoundment Site from the City of Kent for future development. The City retained a 30' water
easement for the future City of Kent water main connection to Tacoma Pipeline##5 The new
water main was realigned due to BPA requirements of a 50'set back from the existing towers.
The new water main alignment put the water main outside of the existing water main easement.
I A new Watermain Easement has been prepared by the City but has not been executed by Kent
160 LLC. Once the Kent 160 LLC executes the new watermain easement, then the City can
construct the new water main within the new easement.
This prof ect is going to the City of Kent Council Meeting on August 16, 2005 to be awarded to
the Shoreline Construction Co.
1
Mayor White and Kent City Council 1
jRETURN TO.
Property Management
City of Kent
220-4th Avenue South
Kent WA 98032
REFERENCE NUMBER OF RELATED DOCUMENT: 20050401001754
GRANTOR(S): Kent 160 LLC,a Washington limited habihty company
GRANTEE(S): City of Kent,Washington
ABBREVIATED LEGAL DESCRIPTION: Pins Lots 9-11,Sound Trustee Company's
Third Addition,Vol 13,pg. 100,and SW,
NW 04-21-05
Additional legal description is on Exhibit A of document.
ASSESSOR'S TAX PARCEL ACCOUNT NUMBER(S): 796700-0046 and 042105-9016
DOCUMENT DATE:
AMENDMENT TO EASEMENT AGREEMENT
THIS INSTRUMENT is by and between. Kent 160 LLC, a Washington limited liability
company(hereinafter"Grantors") and the CITY OF KENT, a Washington municipal corporation
of King County,State of Washington(hereinafter"Grantee').
The parties to this Amendment to Easement Agreement entered into an Easement
Agreement with recording number 20050401001754, in which four easements were granted.
The Waterline Easement was for the installation, construction, operation, maintenance, and
repair of an underground twenty-four (24) inch water main within the area that was described
and shown on Exhibit 2 of the Easement Agreement. The parties have now agreed to an
amended legal description for the Waterline Easement All terms pertaining to the Waterline
1 Easement in the Easement Agreement, recording number 20050401001754, remain the same
AMENDMENT TO EASEMENT AGREEMENT-Page 1 of 3
(between Kent 160 LLC and City of Kent) (kitty 29,2005)
except that the parties agree that the legal description for the Waterline Easement shall be as
described in Exhibit A attached and incorporated herein
GRANTOR GRANTEE:
KENT 160 LLC, a Washington CITY OF KENT,WASMNGTON
Limited liability company
By By.
Print Name: Print Name
Its Its
STATE OF WASHINGTON )
)ss
COUNTY OF KING }
On thus day of , 2005,before me a Notary Public in
and for the State of Washington,personally appeared BRIAN ROSS to me known to be the to me
known to be the Prostdent of BRNW, Inc, Member of KENT 160 LLC, a Washington limited
liabiltty company, the company that executed the foregomg instrument, and acknowledged it to be
the free and voluntary act of said corporation, for the uses and purposes mentoned in this
instrument,and on oath stated that they were authorized to execute said instrument.
avoWySedMk&AppewWi*w Am Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
year first above written
NOTARY PUBLIC,in and for the State of Washington
Residing at
My appointment expues
AMENDMENT TO EASEMENT AGREEMENT-Pap 2 of 3
(between Kent 160 LLC and City of Kent) (July 29, 2005)
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this day of , 2005, before me a Notary Public in
I and for the State of Washington, personally appeared to me known to
be the to me known to be the of the CITY OF KENT, a Washington municipal
corporation, the corporation that executed the foregoing instrument,and acknowledged it to be the
free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument,
and on oath stated that they were authorized to execute said instrument
-Ndwy&W AikwAppw Wahur nrrr Da-
IN IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and
year first above written.
NOTARY PUBLIC,in and for the State of Washington
Residing at
My apposnuaent expares
i
APPROVED AS TO FORM
Kent Law Department
r uaxnrueswp�n4go�sMmrsda...n.aN.rerw.rruarx
i
AMENDMENT M EASEMENT AGREEMENT-page 3 of 3
(between Kern 160 UCaid 00ry eKmo (July 29, 2005)
Permanent Waterline Easement
A strip of land, 30 00 feet In width, over a portion of Government Lot 3 in the
northwest quarter of Section 4,Township 21 North, Range 5 East, W.M., in King
County,Washington, said strip of land having 15 00 feet on each side of the
following described centerline.
Commencing at the north quarter comer of said Section 4, thence N88058'05"W,
along the north line of the northwest quarter of said Section 4, a distance of
1192 02 feet; thence S01°25'15'W 180 00 feet to the south line of the north
160.00 feet of said Government Lot 3 and the TRUE POINT OF BEGINNING of
the herein described centerline, thence continuing S01025'15"W 517 51 feet,
thence S01"53'09W 1536.30 feet;thence S46°53'09'W 18 21 feet; thence
N88006-51-W 52 85 feet, thence S46053'09'W 42 16 feet;thence S02°02'53"W
56 73 feet,thence S03°38'47'W 128 79 feet; thence S01°05'1 M. 48 feet, more
or less, to the south line of that certain 100 foot wide tract of land described in
document recorded under King County Recording Number 7306060390 and the
terminus of the herein described centerline.
The side lines of said strip shall be extended or shortened, as required, to
Intersect at angle points, the south fine of the north 160.00 feet of said
subdivision and the south line of the 100 foot wide tract of land described in
document recorded under King County Recording Number 7306050390
•' WA ,�•i
•i•�i�AL LAO���•
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EXHIBIT "A"
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FIGURE No. 1
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Kent City Council Meeting
1 Date September 6, 2005
Category Consent Calendar
1. SUBJECT: RESOLUTION SETTING HEARING DATE FOR VACATION OF A
PORTION OF 108TH AVENUE SE—ADOPT
2. SUMMARY STATEMENT: Adoption of Resolution No. scheduling a
public hearing for October 18, 2005, on a Street and/or Alley Vacation Petition to
vacate a portion of 108`1' Avenue SE.
3. EXHIBITS: Resolution
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure" No Revenue? No
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount S
Unbudgeted Revenue- Fund Amount S
1 6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6F
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone 253-856-5500
KEN T Fax 253-856-6500
W A s H i N G T o N Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: September 6, 2005
TO: Mayor White and Kent City Council
FROM: Larry R Blanchard, Public Works Director
SUBJECT: Portion of 1081h Avenue SE — Street Vacation
MOTION: Recommend Council adoption of a resolution setting a public hearing date of
October 18, 2005 for the Street Vacation located along a portion of 108`h Avenue SE.
SUMMARY: We have received a valid petition to vacate a portion of 108`h Avenue SE In
accordance with state law, a public hearing must be held The Public Works Department
recommends adoption of a resolution setting the public hearing date for October 18, 2005.
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.
Mayor White and Kent City Council 1 Portion of 108'h Ave SE—Street Vacation
RESOLUTION NO.
A RESOLUTION of the City Council of the City
of Kent, Washington, regarding the vacation of a portion of
South 188`h Street, located in the City of Kent, Washington;
and setting the public hearing on the proposed street
vacation for October 18, 2005
RECITALS
A. A petition, attached as Exhibit A, has been filed to vacate a portion of
South 188`h Street 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 South l 88`h Street to be vacated.
C. The petition is in all respects proper.
1 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 South 188`h Street, shall be held at a regular
meeting of the Kent City Council at 7 00 p.m., Tuesday, October t8, 2005, in the
1 South 188th Street—
Street Vacation
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 October 18, 2005.
SECTION 4. — Severabilitv. If any section, subsection, paragraph, sentence,
clause or phrase of this resolution is declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this
resolution.
SECTION 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.
PASSED at a regular open public meeting by the City Council of the City of
Kent, Washington, this day of 2005 I
CONCURRED in by the Mayor of the City of Kent this day of
12005.
JIM WHITE, MAYOR
2 South 188th Street—
Street Vacation
r
ATTEST:
BRENDA JACOBER, CITY CLERK
LAPPROVED AS TO FORM:
r
ITOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No. _passed
by the City Council of the City of Kent, Washington, the day of
2005
BRENDA JACOBER, CITY CLERK
r
P\Cm1\RES0LUTI0N\STVAC-S0uth 188thStrcet-PubhcHcartng doc
1
r
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1
3 South 1 SSth Street—
Street Vacation
r
PROPERTY MANAGEMENT D
JUL 2 8 Z005
DATE J_V I p0 S
CITY Of VENT
CITY CLERK
TO City Clerk
FROM Property Manager:4r,,J.
41{—d'-
RE Alley/Street Vacation
Regarding subject matter,please be advised that I have reviewed same and found
everything in order Therefore I am filing the original application with you and at the
same time,by copy of this memo to the Public Works Director,the process should begin
r
Cc Public Works Director
Planning Manager
Attachment Maps
1
1
Certification memo sl vac 2005 doc
r p E C E 0 V E
JUL 2 8
i �q45
r �
KENT KIVA#: CrTYpF KENT
UKW...I..IOY
Mayor Jim White .`G S v -) ()J Z to(`,,3
APPLICANT.
MAIL TO. NAME. City of Kent
CITY OF KENT ADDRESS: 220 41h Avenue South
Property Management
220 S 4'h Avenue Kent,WA 98032
Kent, WA 98032
ATTN 7eiry McCaughan PHONE. 253 856-5112
STREET AND/OR ALLEY VACATION APPLICATION AND PETITION
Dear Mayor and Kent City Council
We,the undersigned abutting property owners,hereby respectfully request that certain El Alley
NStreet hereby be vacated described as follows(include square feet)
18,888 squat a feet of login Avenue SE The east 30 00 feet of the southeast quarter of the
southeast quarter of the northwest quarter of Section 20,Township 22 North Range 5 East of the
W M m King County, Washington EXCEPT that portion IN mg within SE 248"'Sti eet
rBRIEF STATEMENT WHY VACATION IS BEING SOUGHT
r A "CURRENT" ownership and encumbrance report must be obtained from a Title
Company and submitted with this application that covers all the abutting properties
contiguous to alley or street sough to be vacated When Cot-poiattons, partnerships, etc
aie being signed for, and then proof of individual's authoi ity to sign for same shall also
be submitted
Attach a coloi-coded map of a scale of not less than 1"=200' of the at ea sought for vacation
(NOTE) Map must conespond with legal desci iption
AUBUTTING PROPERTY OWNERS TAX LOT#
SIGNATURES AND ADD S LOT,BLOCK&PLATISEC TOWN R G
Cytv of Kent 202205 9211
Citv of Kent 202205 9186
City of Kent 783080 0410 08 Lot 27
S150 00 Fee Paid fau'll j -114. .-1°"3 U16 Treasurer's Receipt No
Appraisal Fee Paid Treasurer's Receipt No
Land Value Paid Treasurei's Receipt No
Deed Accepted Date
Ti ade Accepted — Date
r
Brief Statement why vacation is being sought ,
The City of Kent is requesting the street vacation to develop park amemttes that will
connect two existing parks The City of Kent owns undeveloped park property on the
east side of the requested vacation,and due east is East Hill Neighborhood Park Morrill
Meadows Park is located on the west side of the requested vacation
JUL 18----------------------
20a5 U
CITY Of KENT
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JUL 2 E 2005
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Kent City Council Meeting
' Date September 6, 2005
Category Consent Calendar
1. SUBJECT: RESOLUTION SETTING HEARING DATE FOR VACATION OF A
PORTION OF 188TH STREET — ADOPT
2. SUMMARY STATEMENT: Adoption of Resolution No. scheduling a
public hearing for October 18, 2005, on a Street and/or Alley Vacation Petition to
vacate a portion of South 188`h Street.
3. EXHIBITS: Resolution
4. RECOMMENDED BY: Staff
(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 moves, Councilmember seconds
' DISCUSSION:
ACTION:
Council Agenda
Item No 6G
r
rPUBLIC WORKS DEPARTMENT
Larry R Blanchard, Public Works Director
Phone 253-856-5500
K E N T Fax 253-856-6500
W A 5 H I H G T O N Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: September 6, 2005
TO: Mayor White and Kent City Council
FROM: Larry R Blanchard, Public Works Director
SUBJECT: Portion of South 188`h Street — Street Vacation
MOTION: Recommend Council adoption of a resolution setting a public hearing date of
October 18, 2005 for the Street Vacation located along a portion South 1881h Street.
SUMMARY: We have received a valid petition to vacate a portion of South 1881h Street. In
accordance with state law, a public hearing must be held. The Public Works Department
recommends adoption of a resolution setting the public hearing date for October 18, 2005
BUDGET IMPACT: No Unbudgeted Fiscal/Personnel Impact
r 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
1
1
r
1
Mayor White and Kent City Council 1 Portion of South 188'h Street —Street Vacation
1
RESOLUTION NO.
A RESOLUTION of the City Council of the City
of Kent, Washington, regarding the vacation of a portion of
South 1881h Street, located to the City of Kent, Washington,
and setting the public hearing on the proposed street
vacation for October 18, 2005
RECITALS
' A. A petition, attached as Exhibit A, has been filed to vacate a portion of
South 1881h Street 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 South 188`h Street to be vacated.
i
C. The petition is in all respects proper.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS
RESOLUTION
SECTION]. —Public Hearing A public hearing on the street vacation petition
requesting the vacation of a portion of South 1881h Street, shall be held at a regular
meeting of the Kent City Council at 7 00 p in., Tuesday, October 18, 2005, in the
1 South 188th Street—
Street Vacation
Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, '
98032.
SECTION Z —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 October 18, 2005 ,
SECTION 4. — Severability If any section, subsection, paragraph, sentence, ,
clause or phrase of this resolution is declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this
resolution.
SECTION 5. —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
PASSED at a regular open public meeting by the City Council of the City of
Kent,Washington, this day of 2005.
CONCURRED in by the Mayor of the City of Kent this day of '
12005
JIM WHITE, MAYOR
2 South 188th Street—
Street Vacation
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No. _passed
by the City Council of the City of Kent, Washington, the day of
2005.
BRENDA JACOBER, CITY CLERK
P 1CrvdViESOLUTION1STVAC-Southl RRthStreet-PubltcHeanngdoc
3 South 188th Street—
Street Vacation
PROPERTY MANAGEMENT
DATE 7 Z¢ o I V
JUL 2 6 2005
TO City Clerk
�11� CITYrAERhl
FROM Property Manager
RE Alley/Street Vacation
Regarding subject matter,please be advised that I have reviewed same and found ,
everything m order Therefore I am filing the original application with you and at the
satire time,by copy of this memo to the Public Works Director,the process should begin
Cc Public Works Director ,
Planning Manager
Attachment Maps
Certification memo st vac 2005 doc
1
1 EC � � dc
JUL 2 6 2005 'A -S
Mayor Jim White
CITY CITYOF KFN APPLICANT' Joan welser
1VIAIL T0: NAi'1'IE:Trammell Crow Company
CITY OF KENT ADDRESS. 17500 Southeenter Parkway
Property Management
220 S 4t°Avenue Seattle, WA 98186
Kent,'WA 98032
ATTN Jerry McCaughan PHONE. 2D6-988-2745
STREET AND/OR ALLEY VACATION APPLICATION AND PETITION
Dear Mayor and Kent City Council
We, the undersigned abutting property owners,hereby respectfully request that certain ❑Alley
® Street hereby be vacated described as follows(include square feet)
1 see attached Exhibits 'A' and 1V
1
BRIEF STATEMEIS T WHY VACATION IS BEING S OUGHT
1 A "CURRENT" ownership and encumbrance report must be obtained from a Title
Company and subinitted with this application that covers all the abutting properties
contiguous to alley or street sough to be vacated when Corporations,partnerships, etc
' are being signed for, and then proof of individual's authority to sign for same shall also
be submitted
' Attach a color-coded map of a scale of not less than 1"=200' of the area sought for vacation
(NOTE) Map must correspond with legal description
AUBUTTING PROPERTY OWNERS TAX LOT#
SIGNATURES AND ADDRESSES LOT,BLOCK 8s PLAT/SEC TOWN R G
See attached 362304-9004
See attached 362304-9049
See attached 362304-9116
see att2ci,ed
$150 00 Fee Paid Treasurtr s Receipt No
' Appraisal Fee Paid Treastirer's Receipt No
Land V;due Paid Treasurer's Receipt No
Deed Accepted Date
Trade Accepted Date
ppu6tKv''mac,�3Sraa;neni•Jert�FD�stPhffCf(�+�'a..,nn Apfd�e
0
ABUTTING PROPERTY OWNERS TAX LOT#
JUL 2 6 2005 '
SIGNATURES AND ADDRESSES
CITY OF KENT
Cl-r c«R9ax
i 362304-9004
CSDV,LIMITED PARTNERSHIP, 362304-9116
A DELAWARE LIMITED PARTNERSHIP 362304-9026 '
CIO TRAMMELL CROW COMPANY
20415-72ND AVENUE SOUTH
KENT,WA 98032
362304-9049
PILE KING,L L C
19900-80TH PLACE SOUTH ,
KENT,WA 98032
6177 022 aoc '
E C E 0 Y E
JJUL 2 6 2005
EXHIBIT'A'
CITY CF hENT
' LEGAL DESCRIPTION CITt CLERK
RIGHT-OF-WAY VACATION
That portion of South 188th Street in the Southeast quarter of the Southeast quarter of Section 36,
Township 23 North, Range 4 East, Willamette Meridian, in King County, Washington, lying
Westerly of 80th Place South (County Road No 373), as condemned in King County Superior
Court Cause No 83790 and lying Easterly of the following described line
COMMENCING at the Northwest corner of the Southeast quarter of the Southeast quarter of
Section 36,Township 23 North, Range 4 East,Willamette Meridian,
THENCE South 01' 47' 26" West, 85 00 feet along the West line of said subdivision to the most
Southerly corner of that portion conveyed to the City of Kent by Deed recorded under Recording
No 7501220005,being a point on a curve the radius point of which bears South 880 12' 36"East,
THENCE Northeasterly along the South line of said portion conveyed to the City of Kent along the
arc of a curve concave to the Southeast having a radius of 25 00 feet, through a central angle
50" 12' 32" and an arc length of 21 91 feet, to the TRUE POINT OF BEGINNING of herein
' described line,
THENCE North 09'34.49" East,66 43 feet to the Southwest corner of Lot A, City o`Kent Lot Line
Adjustment No LL96-16, recorded under Recording No 9607110551 and the terminus of herein
described line
Containing 26,854 square feet
Protect Name Kent North Corporate Park
June 24 2005
DJSljss
617TL 004 doc
D
JUL 2 6 20L5 r
SPECIAL POWER OF ATTORNEY CID OF KENT
CITY CLERK
(Leases) I
The undersigned CSDV,I.DM=PARTNERSHIP,a Delaware limited partnerslup
("CSDV'j hereby appoints William G Williams III as the true and lawful attorney for CSDV, k ,
and in their name and stead,and for their nse and benefit to execute all leases of CSDV real
property,and all amendments,modifications,extensions and terminations thereof,as well as
any and all necessary or appropriate related documentation for any and all real property now r
or hereafter owned by CSDV
Giving and granting unto our said attorney in fact full authority and power to do and
perform any and all other acts necessary or incident to the performance and execution of the '
powers herein expressly granted with power to do and perform all acts authorzed hereby,as
fully to all intents and purposes as CSDV might or could do if personally present
This Special Power of Attorney may be terminated as to real property located in a
particular county by recording a written instrument of revocation in the office of the recorder
or auditor of such county
Dated this/8 day of -��/ 2005 li
1 r
CSDV,Ll,UTED PARTNERSHIP, l
a Delaware limited partnership I r
By CSDV-GP,LLC
a Delaware limited Lability company, r
its general partner I
By CALIFORNIA STATE TEACHERS' j
RETIREMENT SYSTEM,an entity formed
pursuant to the laws of the State of California,
its sole m
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Kent City Council Meeting
' Date September 6, 2005
Category Consent Calendar
1. SUBJECT: ZONING CODE AMENDMENT— MULTIFAMILY DWELLING
UNITS IN MR-T ZONES IN DOWNTOWN DISTRICTS,
ORDINANCE —ADOPT
2. SUMMARY STATEMENT: Adoption of Ordinance No. amending
Chapter 15 of the Kent City Code to allow multifamily dwelling units to the MR-T
Multifamily Residential Townhouse Districts located in Downtown Districts.
3 EXHIBITS: Land Use and Planning Board Minutes, dated August 8, 2005;
' Planning and Economic Development Committee Minutes, dated August 15, 2005; and
Ordinance
4. RECOMMENDED BY: Plammn2 & Economic Development Committee
(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 moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6H
' LAND USE & PLANNING BOARD MINUTES
' AUGUST 8, 2005
BOARD MEMBERS PRESENT: Chair Jon Johnson, Steve Dowell, Tim Giminez, David Malik,
' Dana Ralph, Elizabeth Watson, Kenneth Wendling,
BOARD MEMBERS ABSENT: Tim Giminez, Excused
STAFF MEMBERS: Charlene Anderson, Tom Brubaker, Chris Holden
The meeting was called to order by Chair Johnson at 7 00 P.M in City Council Chambers.
' Approval of Minutes
David Malik moved and Elizabeth Watson seconded a motion to approve the minutes of April 25, 2005.
Motion Carried Unanimously.
Added Items/Communications/Notice of Upcoming Meetings
' Planning Manager Charlene Anderson stated that these issues will likely move forward to the August 15
Planning and Economic Development Committee meeting. If approved by Committee these issues will
move on to City Council on September 6.
' ZCA-2005-3 Commercial Motor Vehicles in Residential Zoning Districts
Planner Damien Hooper stated that this proposed amendment would limit the storage and parking of
' commercial vehicles in residential districts on residentially zoned property He stated that this
amendment was prompted by numerous complaints received by the city related to parking of
commercial vehicles in residential neighborhoods. Mr. Hooper stated that commercial motor vehicles
' present an incompatibility with residential uses related to noise, visual blight and safety issues
Mr. Hooper cited the textual changes within KCC Section 15.08.085 as recommended by staff.
After deliberations, Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell
moved and David Malik seconded a motion to close the public hearing. Motion Carried.
David Malik moved and Steve Dowell seconded a motion to approve "ZCA-2005-3 Commercial Motor
Vehicles in Residential Zoning Districts" as recommended by staff to include replacing the language
' u tively deliver-inn" with "unless actively loading or unloading". Motion Carried S to I with Dana
Ralph opposed
' ZCA-20054 Multifamily Dwelling Units in MR-T Zones in Downtown Districts
Planning Manager Charlene Anderson stated that staff has revised phrasing for this amendment based on
additional review. She stated that this amendment attempts to encourage more dwelling units in
Downtown's MR-T zoning districts and provide for other ownership options. Ms. Anderson stated that
staff proposes that multifamily dwellings with ownership interest be allowed in the MR-T zone located
within the downtown districts.
' Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell moved and David
' Malik seconded a motion to close the public hearing Motion Carried.
David Malik moved and Elizabeth Watson seconded a motion to approve ZCA-2005-4 Multifamily
Dwelling Umts in MR-T Zones in Downtown Districts as recommended by staff. Motion Carried
Unanimously
Land Use and Planning Board
Minutes August g,2005
ZCA-2005-5 Processing of Applications for Rezone ,
Jon Johnson stated that the purpose of this proposed amendment is to clarify optional consolidated
permit processing. Chair Johnson declared the public hearing open and seeing no speakers, Steve '
Dowell moved and David Malik seconded a motion to close the public hearing Motion Carried.
Elizabeth Watson moved and Steve Dowell seconded a motion to approve ZCA-2005-5 as '
recommended by staff. Motion Carried Unanimously.
ZCA-2005-6 Townhouse Ownership Options in MR-T Zoning Districts
Chair Johnson stated that this proposed amendment considers ownership options within the MR-T
zoning district. Ms Anderson stated that staff received an application to allow other than condo type
ownership options in the MR-T district. She deferred to the staff report to describe the proposed '
wording changes.
Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell moved and David '
Malik seconded a motion to close the public hearing. Motion Carried
Elizabeth Watson moved and David Malik seconded a motion to approve ZCA-2005-6. Motion Carried '
Unanimously.
ZCA-2005-7 Shipping Containers in Residential Zoning Districts ,
Damien Hooper stated that this proposed amendment would limit the placement of shipping containers
in residential zoning districts. He stated that staff'has added language that would exempt temporary ,
storage units.
Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell moved and David ,
Malik seconded a motion to close the public hearing. Motion Carried.
After the Board deliberated with City Attorney Tom Brubaker and planning staff concerning phrasing
the amendment, David Malik moved and Steve Dowell seconded a motion to approve "ZCA-2005-7
Shipping Containers in Residential Zoning Districts" as recommended by staff. Motion Carried
Unanimously. ,
Election of New Vice Chair
Chair Johnson announced that a new Vice Chair needs to be elected since Greg Worthing's resignation '
from the Board. Chair Johnson opened nominations. David Malik moved and Steve Dowell seconded a
motion to nominate Dana Ralph to the position of Vice Chair. Motion Carried
Assignment of Representative(s) to Short Plat Meetings
After discussion, subsequent to the meeting, Dana Ralph agreed to cover short plat meetings for August,
September, and October 2005, Steve Dowell agreed to cover November, December and January, and '
David Malik agreed to cover February, March and April 2006.
Adiournment '
Steve Dowell moved and David Malik seconded a motion to adjourn the meeting.
Motion Carried
Chair Johnson adjourned the meeting at 7.30 p.m.
Charlene Anderson, AICP, Planning Manager
'S IPerm«IP1nnILUP8120051Mmutes1080805netn doc Secretary of the Board
Land Use and Planning Board Hearing
Minutes—August 8,2005
Page 2 of 2
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
AUGUST 159 2005
Committee Members: Chair Tim Clark, Ron Harmon, Bruce White
The meeting was called to order by Chair Clark at 4.00 P.M.
Approval of Minutes
Member White moved and Member Hanlon seconded a motion to approve the minutes of
June 20, 2005. Motion Passed 3-0.
ZCA-2005-6 Townhouse Ownership Options in MR-T Zoning Districts
Planning Manager Charlene Anderson gave a brief synopsis on this proposal, indicating that the
Land Use and Planning Board recommended approval of this amendment Community
Development Director Fred Satterstrom stated that this amendment helps to create a mechanism
to ensure ownership more than the condominium actually does.
After deliberations with staff, Member Harmon moved to recommend approval of ZCA-2005-6
amending Chapter 15 of the Kent City Code to provide for ownership options in the MR-T
Multifamily Residential Townhouse District as recommended by the Land Use and Planning
Board. Member White seconded the motion. Motion Passed 3-0.
ZCA-20054 Multifamily Dwelling Units in MR-T Zones in Downtown Districts
Ms. Anderson stated that this amendment provides for stacked dwelling units in addition to
townhouses in the MR-T zones in downtown. This is more reflective of the City's goals to
' increase residential density in downtown. She stated that the Land Use and Planning Board
recommend approval.
Member White moved to recommend approval of ZCA-2005-4 amending Chapter 15 of the Kent
City Code to allow multifamily dwelling units in the MR-T Multifamily Residential Townhouse
districts located in downtown districts as recommended by the Land Use and Planning Board.
Member Harmon seconded the motion. Motion Passed 3-0
ZCA-2005-5 Processing of Applications for Rezone
Ms. Anderson stated Kent's Hearing Examiner proposed this amendment to clarify that rezones
could be processed separately or simultaneously with other types of land use applications such as
a plat.
Member Harmon moved to recommend approval of ZCA-2005-5 amending Chapter 12 of the
Kent City Code regarding the processing of applications for a rezone as recommended by the
Land Use and Planning Board. Member White seconded the motion. Motion Passed 3-0
ZCA-2005-3 Commercial Motor Vehicles in Residential Zoning Districts
Ms. Anderson stated that this proposed amendment is intended to clarify an existing code, and is
a recommendation to limit the storage and parking of commercial motor vehicles in residential
zoning districts including single family and multifamily zones Ms. Anderson stated that the
police department regulates on-street parking of these types of vehicles, but this issue relates to
semi-truck and trailers, and tractors parked on private residential property. She stated that the
Land Use and Planning Board recommended approval by a 5-1 vote
Community Development Director Fred Satterstrom explained why he and the City's Code
Enforcement Officer Brian Swanberg believes this issue to have become problematic in the
recent past, citing visibility, public safety and noise issues Member White requested additional
information on the number and location of complaints
' After deliberations, Member Harmon moved to recommend approval of ZCA-2005-3 amending
Chapter 15 of the Kent City Code to limit storage and parking of commercial motor vehicles in
residential zoning districts as recommended by the Land Use and Planning Board. Chair Clark
tseconded the motion. Motion Passed 2-1 with Member White opposed.
ZCA-2005-7 Shipping Containers in Residential Zoning Districts
Ms. Anderson stated that this proposal attempts to limit the placement of shipping containers in
residential zoning districts; and clarifies the interpretation of an existing code. This amendment
would exempt containers collecting debris or accepting household goods for moving as long as
the container is on the property for less than 72 hours Ms. Anderson stated that the Land Use
and Planning Board voted for unanimous approval of this amendment.
The Committee discussed their concerns with staff and opted to defer this amendment to another
meeting until staff can obtain further information as requested.
Ms Anderson stated that staff proposes sending to Council the amendments that passed
unanimously as ordinances under the Consent Calendar and the one amendment not passing
unanimously would go to City Council under Other Business. The Committee concurred.
Growth Management Hearings Board Decisions on Urban Density
Assistant City Attorney Kim Adams Pratt presented information from a memo prepared by the
Legal Department describing two "Recent Urban Density Cases—Normandy Park and Issaquah
From the Central Puget Sound Growth Management Hearings Board' (GMHB). Ms Pratt
stated that these two decisions show us how the GMHB will analyze our urban densities to
determine if they are appropriate under the Growth Management Act.
Ms. Pratt said that the City of Kent is before the GMHB regarding the urban density issue,
stating that the City of Kent's Comprehensive Plan Update was appealed by 1000 Friends of
Washington(now known as Futurewise).
Ms. Pratt discussed six questions with the Committee, referred to in her memo, that the GMHB ,
would ask each city that comes before it on the urban density issue. Ms Pratt stated that while
planning staff has been going through the City's urban density study, the City's Legal
Department and Futurewise have been obtaining extensions from the GMHB on the case
schedule.
Ms. Pratt and Planner Gloria Gould-Wessen addressed Chair Clark's concerns with respect to
density issues along Kent's steep slopes and relinquishment of development rights
Ms. Pratt stated that the Land Use and Planning Board has scheduled public hearings for
August 22, and September 12, 2005, on the urban density issue. She stated that legal briefs in
the GMHB case are not due until September and the Legal Department is negotiating with
Futurewise for another 90 day extension. If the extension is not granted, the City would end up
before the GMHB defending the densities in Kent's Comprehensive Plan without any changes
that may be adopted as a result of the urban density study. Ms. Pratt stated that the GMHB
would decide if the current Comprehensive Plan meets GMA requirements for accommodating
urban densities. If the GMHB decided against the City, staff would have been completing the
Urban Density Study and Council's decisions on density designations could be presented to the
GMHB for the Board's determination as to whether the new densities comply with the Growth
Management Act.
Adiournment
Chair Clark adjourned the meeting at 5 00 p.m.
amea,
Pamela Mottram,
Admin Secretary, Planning Services
S IPermiAPlanIPlannmgCommittee120051Mmuiesi081505mndoc
P&EDC Meeting Minutes—8/15/05 '
Page 2 of 2
ORDINANCE NO.
AN ORDINANCE of the City Council of the city
of Kent. Washington, amending Chapter 15 of Kent
City Code to allow multifamily dwelling units in the
MR-T Multifamily Residential Townhouse Districts
located in Downtown Districts, (#ZCA-2005-4).
LRECITALS
A. The Multifamily Residential Townhouse (MR-T) zoning district
provides suitable locations for low to medium density multifamily residential
development where home ownership is encouraged. Existing regulations allow only
townhouses within the MR-T district, and townhouses may not have other dwelling
units above or below them With the recent update of the Downtown Strategic Action
Plan, the MR-T zoning designation was applied to property within the Kent
Downtown North Core District. The Downtown Strategic Action Plan also
recommends development of at least 200 units of market rate housing in Downtown
by 2008. This type of high density residential development cannot occur without
allowing stacked units.
B. On July 20, 2005, the city sent the required notification under RCW
36 70A 106 to the state of Washington of the proposed amendment to the zoning
1 Multifamily Dwelling Units
in MR-T Zoning-
Amend KCC 15
code. The State granted expedited review and on August 4, 2005 notified the City it
had met state notification requirements.
C. The SEPA Responsible Official determined the proposed amendments
are procedural in nature and categorically exempt from environmental review.
D. On August 8, 2005, the Land Use & Planning Board held a public
hearing on the issue of allowing stacked condominium-type units in areas zoned MR-
T within the Kent Downtown Districts. On August 15, 2005, the Planning &
Economic Development Committee approved the proposed amendment and
forwarded a recommendation to the full City Council. The City Council, on
September 6, 2005, voted to amend Chapter 15 of the Kent City Code to allow
stacked condominium-type units in areas zoned MR-T located in the Kent
Downtown Districts.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Amendment. Section 15.04 020 of the Kent City Code
entitled, "Residential land uses" is amended as follows:
2 Multifamily Dwelling Units
in MR-T Zoning-
Amend KCC 15
Sec. 15.04.020. Residential Land Uses.
Zoning Districts
� Key
P=Principally Permitted Lsea C
S=Special Uses
C=Conditional Uses
A=Accessory Uses N
C c u E
o t t
C lv c 4 N a a
�
.. v C Te _ c"i c c V a y C q W 3 3 5 E V _ C
^ 3 7 C
u o T E n4 K
tO
E E T F O O U b q E C
2 = n p o C = c 3 o
41
J z z x z z a z z x z a x x U U U U V o Q M 3
Q :n vi vi vi vi rn �` Z U C C U U U
One single-family dwelling per lot P P P P P P P P P P P P P P P All)All)All)All)
One duplex per lot P
One modular home per lot P P P P P P P P P P P P P
Duplexes P P P P P P
(22)
Multidamily townhouse units P P P P P P P P P P C
(19)(19) (2) (4) (2) (2) (15)
(20)(20) C
(5)
Multifamily dwellings P P P P P P p P P P C
(26)(26) (2) (4) (2) 2) (15)
C
(5)
Multifamily dwellings for senior P P P P P C
citizens (2) (2) (2) (15)
Mobile homes and manufactured P
homes
Mobile home parks P P P P P P P
(13)(13)(13)(13)(13)(13)
Group homes class 1-A P P P P P P P P P P P P P P P p p p C C C P
Group homes class I-B P P P P P P P P P P C C C P
Group homes class I-C C C C C P P P P P P C C C P
Group homes class II-A C C C C C C C C C C C C C C
Group homes class 11-B C C C C C C C C C C C C C C
Group hones class 11-C C C C C C C C I C C C C C C C
Group homes class III C C C C C C C C C
(23)(23)(23)(23) (23) (23) (23) (23) (24)
Rebuild/accessory uses for existing P(6) P p p p p p P p p P P P P p
dwellings (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6) (6)
Transitional housing p p
Guest cottages and houses A A A A A A A A A
(8) (8) (8) (8) (8) (8) (8) (8) (8)
(21)(21)(21)(21)(21)(21)(21)(21) (21)
Rooming and boarding of not A A A A A A A A A A A
more than three persons
Farm worker accommodations A A A A
(17) (9) (17) (9)
Accessory uses and buildings A A A A A A A A A JAA
A A A A A A A A A A A A A A A A
customardv apputtcnant to a (18)I IN)(IA)(18)(18)(18)(18) (18)(18)(18)
permitted use
Accessory dwelling units A A A A A A A A A A A A A(10)(10) (10) (1o) (10) (10)(10)
3
Zoning Districts
Key
P=PnneipaliV Permitted Uses =
S=Special Uses h
C=Conditional Uses A
A=Accessory Uses n ' o c = ❑ o
U
y b C t o c T u C O C
15 U N U
15
x c
2 _ o o
b ti s s o -
o0 F O `" = a 3
6 A u tL d0 ^c G O O
Q 5o cG rn "' rn rin C C7 z Z o o C O O �' V
Q Q M v�i vai vai En vai �' Z J C C U U 0 O
Accessory living quarters A A A A A A 4 4 A A A A A A
(14)(14)(14)(14)(14)(14)(14)(14)(14) (14) (14) (14)(14) (14)
Home occupations A A A A A A A A 4 4 A A A A A A A A A A A AA A A A A A A
(11)(11)Ol)(11)(11)(11)(11)(11)(I1)(11)(11)(11) (11) (11) (11)01)(11)(11)(11)(11)01)01)(11)(11)(11) (11)(11)(11) (11)
Service buildings A
Storage buildings and storage of A A A A A A A 4 4 A A A A A
recreational vehicles (16) (16)(16)(16)(16)(16)(16)(16)(16)(16)(16) (16)(16)
Drive-in churches, welfare C C C C C C C C C C C C C C C C C C C C C C C C C C C
facilities (including emergency (12)(12)
shelters), Drive-in churches,
retirement homes, convalescent
homes and other welfare facilities
whether privately or publicly
operated, facilities for
rehabilitation or correction,etc
Designated manufactured home P P P P P P P P P P P P P P
(25) (25)(25)(25)(25)(25)(25)(25) (25l (25) (25)(25)(25)(25)
4
SECTION 2. — Amendment. Section 15.04 030 of the Kent City Code
entitled, "Residential land use development conditions" is amended as follows
Sec. 15.04.030. Residential land use development conditions.
26. Multifamily dwellings shall be allowed only within the Kent Downtown
Districts outlined in the Downtown Strategic Action Plan and shall be condominiums
recorded pursuant to Chapter 64.32 or 64 34 RCW or similar dwelling units with
ownership interest and recorded as such prior to approval of a certificate of
occupancy by the city.
SECTION 3. —Savings. The existing sections of the Kent City Code, which
1� are amended by this ordinance, shall remain in full force and effect until the effective
date of this ordinance.
SECTION 4. — Severability. If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portions of this ordinance and the same
shall remain in full force and effect.
SECTION 5. — Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after passage as provided by law.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
5 Multifamily Dwelling Units
in MR-T Zoning-
Amend KCC 15
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of September, 2005.
APPROVED- day of September, 2005.
PUBLISHED: day of September, 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.
(SEAL)
BRENDA JACOBER, CITY CLERK
P 10wd\ORDINANCE\I5-MuluCamdyDwclhngUmtsMR-TZomng dnc
6 Multifamily Dwelling Units
in MR-T Zoning-
Amend KCC 15
I
Kent City Council Meeting
Date September 6, 2005
Category Consent Calendar
1. SUBJECT: ZONING CODE AMENDMENT— PROCESSING FOR
APPLICATIONS FOR REZONE, ORDINANCE —ADOPT
2. SUMMARY STATEMENT: Adoption of Ordinance No , amending
Chapter 12 of the Kent City Code regarding the processing of applications for rezone
3. EXHIBITS: Land Use and Planning Board Minutes, dated August 8, 2005;
Planning and Economic Development Committee Minutes, dated August 15, 2005; and
Ordinance
�j 4. RECOMMENDED BY: Planning & Economic Development Committee
(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 moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6I
LAND USE & PLANNING BOARD MINUTES
AUGUST 8, 2005
BOARD MEMBERS PRESENT: Chair Jon Johnson, Steve Dowell, Tim Gimmez, David Malik,
Dana Ralph, Elizabeth Watson, Kenneth Wendling,
BOARD MEMBERS ABSENT: Tim Giminez, Excused
STAFF MEMBERS: Charlene Anderson, Tom Brubaker, Chris Holden
The meeting was called to order by Chair Johnson at 7.00 P.M in City Council Chambers.
�i Approval of Minutes
David Malik moved and Elizabeth Watson seconded a motion to approve the minutes of April 25, 2005.
Motion Carried Unanimously
Added Items/Communications/Notice of Upcoming Meetings
Planning Manager Charlene Anderson stated that these issues will likely move forward to the August 15
Planning and Economic Development Committee meeting If approved by Committee these issues will
move on to City Council on September 6.
ZCA-2005-3 Commercial Motor Vehicles in Residential Zoning Districts
Planner Damien Hooper stated that this proposed amendment would limit the storage and parking of
commercial vehicles in residential districts on residentially zoned property He stated that this
amendment was prompted by numerous complaints received by the city related to parking of
commercial vehicles in residential neighborhoods. Mr. Hooper stated that commercial motor vehicles
present an incompatibility with residential uses related to noise, visual blight and safety issues
Mr. Hooper cited the textual changes within KCC Section 15.08.085 as recommended by staff.
After deliberations, Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell
moved and David Malik seconded a motion to close the public hearing. Motion Carried.
David Malik moved and Steve Dowell seconded a motion to approve "ZCA-2005-3 Commercial Motor
Vehicles in Residential Zoning Districts" as recommended by staff to include replacing the language
"aetively delivering" with "unless actively loading or unloading". Motion Carried 5 to I with Dana
Ralph opposed
ZCA-2005-4 Multifamily Dwelling Units in MR-T Zones in Downtown Districts
Planning Manager Charlene Anderson stated that staff has revised phrasing for this amendment based on
additional review She stated that this amendment attempts to encourage more dwelling units in
Downtown's MR-T zoning districts and provide for other ownership options. Ms. Anderson stated that
staff proposes that multifamily dwellings with ownership interest be allowed in the MR-T zone located
within the downtown districts
Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell moved and David
Malik seconded a motion to close the public hearing. Motion Carried.
David Malik moved and Elizabeth Watson seconded a motion to approve ZCA-2005-4 Multifamily
Dwelling Units in MR-T Zones in Downtown Districts as recommended by staff Motion Carried
Unanimously.
Land Use and Planning Board
Minutes August 8,2005
r ZCA-2005-5 Processing of Applications for Rezone
Jon Johnson stated that the purpose of this proposed amendment is to clarify optional consolidated
permit processing Chair Johnson declared the public hearing open and seeing no speakers; Steve
Dowell moved and David Malik seconded a motion to close the public hearing Motion Carried.
Elizabeth Watson moved and Steve Dowell seconded a motion to approve ZCA-2005-5 as
recommended by staff. Motion Carried Unanimously.
ZCA-2005-6 Townhouse Ownership Options in MR-T Zoning Districts
Chair Johnson stated that this proposed amendment considers ownership options within the MR-T
zoning district Ms. Anderson stated that staff received an application to allow other than condo type
ownership options in the MR-T district. She deferred to the staff report to describe the proposed
wording changes.
Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell moved and David f
Malik seconded a motion to close the public hearing. Motion Carried
Elizabeth Watson moved and David Malik seconded a motion to approve ZCA-2005-6. Motion Carried
Unanimously.
ZCA-2005-7 Shipping Containers in Residential Zoning Districts
Damien Hooper stated that this proposed amendment would limit the placement of shipping containers
in residential zoning districts. He stated that staff has added language that would exempt temporary
storage units.
Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell moved and David
Malik seconded a motion to close the public hearing. Motion Carried.
After the Board deliberated with City Attorney Tom Brubaker and planning staff concerning phrasing
the amendment, David Malik moved and Steve Dowell seconded a motion to approve "ZCA-2005-7
Shipping Containers in Residential Zoning Districts" as recommended by staff. Motion Carried
Unanimously.
Election of New Vice Chair
Chair Johnson announced that a new Vice Chair needs to be elected since Greg Worthing's resignation
from the Board. Chair Johnson opened nominations. David Malik moved and Steve Dowell seconded a
motion to nominate Dana Ralph to the position of Vice Chair Motion Carried
Assignment of Representative(s) to Short Plat Meetings
After discussion, subsequent to the meeting, Dana Ralph agreed to cover short plat meetings for August,
September, and October 2005, Steve Dowell agreed to cover November, December and January, and
David Malik agreed to cover February, March and April 2006.
Adiournment
Steve Dowell moved and David Malik seconded a motion to adjourn the meeting. Motion Carried.
Chair Johnson adjourned the meeting at 7.30 p.m. (?%�
Charlene Anderson, AICP, Planning Manager
Secretary of the Board
S IPermtlPlanILUPB120051Mmutes1080805nun doc
Land Use and Planning Board Hearing
Minutes—August 8,2005
Page 2 of 2
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
1 AUGUST 15, 2005
Committee Members: Chair Tim Clark, Ron Harmon, Bruce White
The meeting was called to order by Chair Clark at 4 00 P.M.
Approval of Minutes
Member White moved and Member Harmon seconded a motion to approve the minutes of
June 20, 2005. Motion Passed 3-0.
ZCA-2005-6 Townhouse Ownership Options in MR-T Zoning Districts
Planning Manager Charlene Anderson gave a brief synopsis on this proposal, indicating that the
Land Use and Planning Board recommended approval of this amendment. Community
Development Director Fred Satterstrom stated that this amendment helps to create a mechanism
to ensure ownership more than the condominium actually does.
After deliberations with staff, Member Harmon moved to recommend approval of ZCA-2005-6
amending Chapter 15 of the Kent City Code to provide for ownership options in the MR-T
Multifamily Residential Townhouse District as recommended by the Land Use and Planning
Board. Member White seconded the motion. Motion Passed 3-0.
ZCA-2005-4 Multifamily Dwelling Units in MR-T Zones in Downtown Districts
Ms. Anderson stated that this amendment provides for stacked dwelling units in addition to
townhouses in the MR-T zones in downtown. This is more reflective of the City's goals to
increase residential density in downtown. She stated that the Land Use and Planning Board
recommend approval
Member White moved to recommend approval of ZCA-2005-4 amending Chapter 15 of the Kent
City Code to allow multifamily dwelling units in the MR-T Multifamily Residential Townhouse
districts located in downtown districts as recommended by the Land Use and Planning Board.
Member Harmon seconded the motion. Motion Passed 3-0.
ZCA-2005-5 Processing of Applications for Rezone
Ms. Anderson stated Kent's Hearing Examiner proposed this amendment to clarify that rezones
could be processed separately or simultaneously with other types of land use applications such as
a plat.
Member Harmon moved to recommend approval of ZCA-2005-5 amending Chapter 12 of the
Kent City Code regarding the processing of applications for a rezone as recommended by the
Land Use and Planning Board. Member White seconded the motion Motion Passed 3-0.
li ZCA-2005-3 Commercial Motor Vehicles in Residential Zoning Districts
Ms. Anderson stated that this proposed amendment is intended to clarify an existing code, and is
a recommendation to limit the storage and parking of commercial motor vehicles in residential
zoning districts including single family and multifamily zones Ms. Anderson stated that the
police department regulates on-street parking of these types of vehicles, but this issue relates to
semi-truck and trailers, and tractors parked on private residential property. She stated that the
Land Use and Planning Board recommended approval by a 5-1 vote.
Community Development Director Fred Satterstrom explained why he and the City's Code
Enforcement Officer Brian Swanberg believes this issue to have become problematic in the
recent past, citing visibility, public safety and noise issues. Member White requested additional
rnfonnation on the number and location of complaints
After deliberations, Member Harmon moved to recommend approval of ZCA-2005-3 amending
Chapter 15 of the Kent City Code to limit storage and parking of commercial motor vehicles in
residential zoning districts as recommended by the Land Use and Planning Board. Chair Clark
seconded the motion. Motion Passed 2-1 with Member White opposed.
ZCA-2005-7 Shipping Containers in Residential Zoning Districts
Ms. Anderson stated that this proposal attempts to limit the placement of shipping containers in
residential zoning districts; and clarifies the interpretation of an existing code. This amendment
would exempt containers collecting debris or accepting household goods for moving as long as
the container is on the property for less than 72 hours Ms. Anderson stated that the Land Use
and Planning Board voted for unanimous approval of this amendment.
The Committee discussed their concerns with staff and opted to defer this amendment to another
meeting until staff can obtain further information as requested
Ms. Anderson stated that staff proposes sending to Council the amendments that passed
unanimously as ordinances under the Consent Calendar and the one amendment not passing
unanimously would go to City Council under Other Business. The Committee concurred.
Growth Management Hearings Board Decisions on Urban Density
Assistant City Attorney Kim Adams Pratt presented information from a memo prepared by the
Legal Department describing two "Recent Urban Density Cases—Normandy Park and Issaquah
From the Central Puget Sound Growth Management Hearings Board' (GMHB). Ms Pratt
stated that these two decisions show us how the GMHB will analyze our urban densities to
determine if they are appropriate under the Growth Management Act.
Ms. Pratt said that the City of Kent is before the GMHB regarding the urban density issue,
stating that the City of Kent's Comprehensive Plan Update was appealed by 1000 Friends of
Washington(now known as Futurewise).
Ms. Pratt discussed six questions with the Committee, referred to in her memo, that the GMHB
would ask each city that comes before it on the urban density issue. Ms. Pratt stated that while
planning staff has been going through the City's urban density study, the City's Legal
Department and Futurewise have been obtaining extensions from the GMHB on the case
schedule.
Ms. Pratt and Planner Gloria Gould-Wessen addressed Chair Clark's concerns with respect to
density issues along Kent's steep slopes and relinquishment of development rights
Ms. Pratt stated that the Land Use and Planning Board has scheduled public hearings for
August 22, and September 12, 2005, on the urban density issue. She stated that legal briefs in
the GMHB case are not due until September and the Legal Department is negotiating with
Futurewise for another 90 day extension. If the extension is not granted, the City would end up
before the GMHB defending the densities in Kent's Comprehensive Plan without any changes
that may be adopted as a result of the urban density study. Ms. Pratt stated that the GMHB
would decide if the current Comprehensive Plan meets GMA requirements for accommodating
urban densities. If the GMHB decided against the City, staff would have been completing the
Urban Density Study and Council's decisions on density designations could be presented to the
GMHB for the Board's determination as to whether the new densities comply with the Growth
Management Act.
Adiournment
Chair Clark adjourned the meeting at 5:00 p.m.
rnA,�-aw
Pamela Mottram,
Admin Secretary, Planning Services
S IPermuiPlanlhammngCommutee120051Mmutes1081505mmdoc
P&EDC Meeting Minutes—8/15/05
Page 2 of 2
ORDINANCE NO.
AN ORDINANCE of the City Council of the
ecrty of Kent, Washington, amending Chapter 12 of
Kent City Code regarding the processing of
applications for rezone (4ZCA-2005-5)
RECITALS
A. In 1998 when the city adopted Chapter 12.01 of the Kent City Code, it
was the city's intent to "allow" applicants to combine public hearings for all land use
applications for a project; the intent was not to "require" a combined public hearing.
B. On July 20, 2005, the city sent the required notification under RCW
36 70A.106 to the state of Washington of the proposed amendment to the zoning
code. The State granted expedited review and on August 4, 2005 notified the City it
had met state notification requirements
C. The SEPA Responsible Official determined the proposed amendments
are procedural in nature and categorically exempt from environmental review.
D. On August 8, 2005, the Land Use & Planning Board held a public
hearing on the issue allowing separate processes for non-project rezones and project
permit applications. At the conclusion of the public hearing the Land Use &
1 Rezone Application Process
Amend KCC 12
Planning Board recommended approval. On August 15, 2005, the Planning &
Economic Development Committee approved the proposed amendment and
forwarded a recommendation to the full City Council. The City Council, on
September 6, 2005, voted to amend Chapter 12 of the Kent City Code regarding the
processing of applications for rezone.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, '
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Amendment Section 12.01 030 of the Kent City Code
entitled, "Application processes and classification." is amended as follows.
Sec. 12.01.030. Application processes and classification.
C. Optional consolidated permit processing. An application that involves
two (2) or more process types may be treated collectively under the highest
numbered process type required for any part of the application or treated individually
under each process type identified by the chapter. An applicant may ask that his or
her application be treated collectively or individually If the application is
administered under the individual process option, the highest numbered process
procedure must be finalized prior to the subsequent lower numbered process being
finalized. 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. An application
for rezone may be processed separately from an application for another project
permit.
2 Rezone Application Process
Amend KCC 12
SECTION 3. — SavanQs. The existing sections of the Kent City Code, which
are amended by this ordinance, shall remain in full force and effect until the effective
date of this ordinance.
SECTION 4. — Severabihty. If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portions of this ordinance and the same
shall remain in full force and effect.
SECTION 5. — Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after passage as provided by law.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
( TOM BRUBAKER, CITY ATTORNEY
PASSED- day of September, 2005
APPROVED day of September, 2005.
PUBLISHED• day of September, 2005.
3 Rezone Application Process
Amend KCC 12
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.
(SEAL)
BRENDA JACOBER, CITY CLERK
P 1Crvd\ORDINANCE\12.PmcessReconeApphca[wns doc
4 Rezone Application Process
Amend KCC 12
Kent City Council Meeting
Date September 6, 2005
Category Consent Calendar
1. SUBJECT: ZONING CODE AMENDMENT —TOWNHOUSE OWNERSHIP
OPTIONS IN MR-T ZONING DISTRICTS, ORDINANCE — ADOPT
2. SUMMARY STATEMENT: Adoption of Ordinance No. , amending
Chapter 15 of the Kent City Code, regarding ownership options in the MR-T
Multifamily Residential Townhouse Districts
3. EXHIBITS: Land Use and Planning Board Minutes, dated August 8, 2005,
Planning and Economic Development Committee Minutes, dated August 15, 2005; and
Ordinance
4. RECOMMENDED BY: Planning & Economic Development Committee
(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 moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No 6J
LAND USE & PLANNING BOARD MINUTES
AUGUST 8, 2005
BOARD MEMBERS PRESENT: Chair Jon Johnson, Steve Dowell, Tim Giminez, David Malik,
Dana Ralph, Elizabeth Watson, Kenneth Wendling,
BOARD MEMBERS ABSENT: Tim Gimmez, Excused
STAFF MEMBERS: Charlene Anderson, Tom Brubaker, Chris Holden
The meeting was called to order by Chair Johnson at 7.00 P.M in City Council Chambers.
' Approval of Minutes
David Malik moved and Elizabeth Watson seconded a motion to approve the minutes of April 25, 2005
Motion Carried Unanimously
Added Items/Communications/Notice of Upcoming Meetines
Planning Manager Charlene Anderson stated that these issues will likely move forward to the August 15
Planning and Economic Development Committee meeting. If approved by Committee these issues will
move on to City Council on September 6.
ZCA-2005-3 Commercial Motor Vehicles in Residential Zoning Districts
Planner Damien Hooper stated that this proposed amendment would limit the storage and parking of
commercial vehicles in residential districts on residentially zoned property He stated that this
amendment was prompted by numerous complaints received by the city related to parking of
commercial vehicles in residential neighborhoods. Mr. Hooper stated that commercial motor vehicles
present an incompatibility with residential uses related to noise, visual blight and safety issues.
Mr Hooper cited the textual changes within KCC Section 15.08.085 as recommended by staff.
After deliberations, Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell
moved and David Malik seconded a motion to close the public hearing Motion Carried.
David Malik moved and Steve Dowell seconded a motion to approve "ZCA-2005-3 Commercial Motor
Vehicles in Residential Zoning Districts" as recommended by staff to include replacing the language
"aetively delivering" with "unless actively loading or unloading". Motion Carried 5 to I with Dana
Ralph opposed.
ZCA-2005-4 Multifamily Dwelling Units in MR-T Zones in Downtown Districts
Planning Manager Charlene Anderson stated that staff has revised phrasing for this amendment based on
additional review. She stated that this amendment attempts to encourage more dwelling units in
Downtown's MR-T zoning districts and provide for other ownership options. Ms. Anderson stated that
staff proposes that multifamily dwellings with ownership interest be allowed in the MR-T zone located
within the downtown districts.
Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell moved and David
Malik seconded a motion to close the public hearing Motion Carried.
David Malik moved and Elizabeth Watson seconded a motion to approve ZCA-2005-4 Multifamily
Dwelling Units in MR-T Zones in Downtown Districts as recommended by staff Motion Carried
Unanimously,
Land Use and Planning Board
Minutes August 8,2005
-ZCA-2005-5 Processing of Applications for Rezone
Jon Johnson stated that the purpose of this proposed amendment is to clarify optional consolidated
permit processing. Chair Johnson declared the public hearing open and seeing no speakers, Steve
Dowell moved and David Malik seconded a motion to close the public hearing Motion Carried.
Elizabeth Watson moved and Steve Dowell seconded a motion to approve ZCA-2005-5 as
recommended by staff. Motion Carried Unanimously.
ZCA-2005-6 Townhouse Ownership Options in MR-T Zoning Districts
Chair Johnson stated that this proposed amendment considers ownership options within the MR-T
zoning district. Ms. Anderson stated that staff received an application to allow other than condo type
ownership options in the MR-T district. She deferred to the staff report to describe the proposed
wording changes.
Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell moved and David
Malik seconded a motion to close the public hearing. Motion Carried
Elizabeth Watson moved and David Malik seconded a motion to approve ZCA-2005-6. Motion Carried
Unanimously.
ZCA-2005-7 Shippine Containers in Residential Zoning Districts
Damien Hooper stated that this proposed amendment would limit the placement of shipping containers
in residential zoning districts. He stated that staff has added language that would exempt temporary
storage units.
Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell moved and David
Malik seconded a motion to close the public hearing. Motion Carried.
After the Board deliberated with City Attorney Tom Brubaker and planning staff concerning phrasing
the amendment, David Malik moved and Steve Dowell seconded a motion to approve "ZCA-2005-7
Shipping Containers in Residential Zoning Districts" as recommended by staff. Motion Carried
Unanimously.
Election of New Vice Chair
Chair Johnson announced that a new Vice Chair needs to be elected since Greg Worthing's resignation
from the Board. Chair Johnson opened nominations. David Malik moved and Steve Dowell seconded a
motion to nominate Dana Ralph to the position of Vice Chair. Motion Carried
Assignment of Representative(s) to Short Plat Meetings
After discussion, subsequent to the meeting, Dana Ralph agreed to cover short plat meetings for August,
September, and October 2005, Steve Dowell agreed to cover November, December and January, and
David Malik agreed to cover February, March and April 2006.
Adjournment
Steve Dowell moved and David Malik seconded a motion to adjourn the meeting. Motion Carried.
Chair Johnson adjourned the meeting at 7.30 p.m.
Charlene Anderson, AICP, Planning Manager
Secretary of the Board
S IPermulPianILUP8120051Mmutes1080805nun doc
Land Use and Planning Board Hearing
Minutes—August 8,2005
Page 2 of 2
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
AUGUST 15, 2005
Committee Members: Chair Tim Clark, Ron Harmon, Bruce White
The meeting was called to order by Chair Clark at 4:00 P.M.
Approval of Minutes
Member White moved and Member Hannon seconded a motion to approve the minutes of
June 20, 2005. Motion Passed 3-0.
ZCA-2005-6 Townhouse Ownership Options in MR-T Zoning Districts
Planning Manager Charlene Anderson gave a brief synopsis on this proposal, indicating that the
Land Use and Planning Board recommended approval of this amendment. Community
Development Director Fred Satterstrom stated that this amendment helps to create a mechanism
to ensure ownership more than the condominium actually does.
After deliberations with staff, Member Hannon moved to recommend approval of ZCA-2005-6
I amending Chapter 15 of the Kent City Code to provide for ownership options in the MR-T
Multifamily Residential Townhouse District as recommended by the Land Use and Planning
Board. Member White seconded the motion. Motion Passed 3-0.
ZCA-2005-4 Multifamily Dwelline Units in MR-T Zones in Downtown Districts
Ms. Anderson stated that this amendment provides for stacked dwelling units in addition to
townhouses in the MR-T zones in downtown. This is more reflective of the City's goals to
increase residential density in downtown. She stated that the Land Use and Planning Board
recommend approval.
Member White moved to recommend approval of ZCA-2005-4 amending Chapter 15 of the Kent
City Code to allow multifamily dwelling units in the MR-T Multifamily Residential Townhouse
districts located in downtown districts as recommended by the Land Use and Planning Board
Member Harmon seconded the motion. Motion Passed 3-0.
ZCA-2005-5 Processing of Applications for Rezone
Ms. Anderson stated Kent's Hearing Examiner proposed this amendment to clarify that rezones
could be processed separately or simultaneously with other types of land use applications such as
a plat.
Member Harmon moved to recommend approval of ZCA-2005-5 amending Chapter 12 of the
Kent City Code regarding the processing of applications for a rezone as recommended by the
Land Use and Planning Board. Member White seconded the motion. Motion Passed 3-0
ZCA-2005-3 Commercial Motor Vehicles in Residential Zoning Districts
Ms. Anderson stated that this proposed amendment is intended to clarify an existing code, and is
a recommendation to limit the storage and parking of commercial motor vehicles in residential
zoning districts including single family and multifamily zones. Ms. Anderson stated that the
police department regulates on-street parking of these types of vehicles, but this issue relates to
semi-truck and trailers, and tractors parked on private residential property. She stated that the
Land Use and Planning Board recommended approval by a 5-1 vote.
Community Development Director Fred Satterstrom explained why he and the City's Code
Enforcement Officer Brian Swanberg believes this issue to have become problematic in the
recent past, citing visibility, public safety and noise issues. Member White requested additional
infonnation on the number and location of complaints.
After deliberations, Member Harmon moved to recommend approval of ZCA-2005-3 amending
Chapter 15 of the Kent City Code to limit storage and parking of commercial motor vehicles in
residential zoning districts as recommended by the Land Use and Planning Board. Chair Clark
seconded the motion. Motion Passed 2-1 with Member White opposed.
ZCA-2005-7 Shipping Containers in Residential Zoning Districts
Ms. Anderson stated that this proposal attempts to limit the placement of shipping containers in
residential zoning districts; and clarifies the interpretation of an existing code. This amendment
would exempt containers collecting debris or accepting household goods for moving as long as
the container is on the property for less than 72 hours. Ms. Anderson stated that the Land Use
and Planning Board voted for unanimous approval of this amendment.
The Committee discussed their concerns with staff and opted to defer this amendment to another
meeting until staff can obtain further information as requested
Ms Anderson stated that staff proposes sending to Council the amendments that passed
unanimously as ordinances under the Consent Calendar and the one amendment not passing
unanimously would go to City Council under Other Business. The Committee concurred.
Growth Management Hearings Board Decisions on Urban Density
Assistant City Attorney Kim Adams Pratt presented information from a memo prepared by the
Legal Department describing two "Recent Urban Density Cases—Normandy Park and Issaquah
From the Central Puget Sound Growth Management Hearings Board' (GMHB). Ms Pratt
stated that these two decisions show us how the GMHB will analyze our urban densities to
determine if they are appropriate under the Growth Management Act.
Ms. Pratt said that the City of Kent is before the GMHB regarding the urban density issue,
stating that the City of Kent's Comprehensive Plan Update was appealed by 1000 Friends of
Washington(now known as Futurewise).
Ms. Pratt discussed six questions with the Committee, referred to in her memo, that the GMHB
would ask each city that comes before it on the urban density issue. Ms. Pratt stated that while
planning staff has been going through the City's urban density study, the City's Legal
Department and Futurewise have been obtaining extensions from the GMHB on the case
schedule.
Ms Pratt and Planner Gloria Gould-Wessen addressed Chair Clark's concerns with respect to
density issues along Kent's steep slopes and relinquishment of development rights
Ms. Pratt stated that the Land Use and Planning Board has scheduled public hearings for
August 22, and September 12, 2005, on the urban density issue. She stated that legal briefs in
the GMHB case are not due until September and the Legal Department is negotiating with
Futurewise for another 90 day extension. If the extension is not granted, the City would end up
before the GMHB defending the densities in Kent's Comprehensive Plan without any changes
that may be adopted as a result of the urban density study. Ms. Pratt stated that the GMHB
would decide if the current Comprehensive Plan meets GMA requirements for accommodating
urban densities. If the GMHB decided against the City, staff would have been completing the
Urban Density Study and Council's decisions on density designations could be presented to the
GMHB for the Board's determination as to whether the new densities comply with the Growth
Management Act.
Adjournment
Chair Clark adjourned the meeting at 5:00 p.m.
a& rnA&- ,W
Pamela Mottram,
Admin Secretary, Planning Services
S IPerrnttlPlanlPlammngCommuteel20051Mmutes10815o5min doe
P&EDC Meeting Minutes—8/15/05
Page 2 of 2
ORDINANCE NO.
AN ORDINANCE of the City Council of the city
of Kent, Washington, amending Chapter 15 of the Kent
City Code, regarding ownership options in the MR-T
Multifamily Residential Townhouse Districts (#ZCA-
2005-6)
RECITALS
A. The intent of the Multifamily Residential Townhouse (MR-T) zoning
district is to encourage home ownership. This may include condominiums, but need
not be limited to this one form of ownership
B. On July 28, 2005, the city sent the required notification under RCW
36 70A.106 to the state of Washington of the proposed amendment to the zoning
code The State granted expedited review and on August 12, 2005 notified the City
it had met state notification requirements.
C. The SEPA Responsible Official determined the proposed amendments
are procedural in nature and categorically exempt from environmental review.
D. On August 8, 2005, the Land Use & Planning Board held a public
hearing on the issue of allowing more than the condominium form of ownership in
the MR-T zoning district. At the conclusion of the public hearing the Land Use &
1 Townhouse Ownership MR-T Zoning-
Amend KCC 15
Planning Board recommended approval of a proposal to provide alternative means of
ownership interest for townhouses within the MR-T zoning district. On August 15,
2005, the Planning & Economic Development Committee approved the proposed
amendment and forwarded a recommendation to the full City Council The City
Council, on September 6, 2005, voted to amend Chapter 15 of the Kent City Code to
provide for ownership options in the MR-T zoning districts
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS
ORDINANCE
SECTION 1. — Amendment. Chapter 15.02 of the Kent City Code is
amended to include the definitions of "townhouse with ownership interest" as
follows.
Sec. 15.02.525.1. Townhouse with ownership interest. Townhouse with
ownership interest means real property formed as a townhouse, where portions are
designated for separate ownership and the remainder is designated for common
ownership solely by the owners of those portions, with an undivided interest to the
common elements vested in the unit owners Real property is not considered a
townhouse with ownership interest until after a declaration encompassing and
outlining the above requirements is recorded.
SECTION 2. — Amendment. Section 15.04 030 of the Kent City Code
entitled, "Residential land use development conditions"is amended as follows:
Sec. 15.04.030. Residential land use development conditions.
20. All multifamily townhouse developments in the MR-T zone shall be
eatidetmitiftii�s-a*d--recorded pwsuant to Chapter 64 32 R-Gw as townhouses with
2 Townhouse Ownership MR-T Zoning-
Amend KCC 15
ownership interest, as defined in KCC 15 02.525 1, prior to approval of a certificate
of occupancy by the city.
SECTION 3. — Amendment. Section 15 04 180 of the Kent City Code,
entitled "Agricultural and residential land use development standard conditions" is
amended as follows:
Sec. 15.04.180. Agricultural and residential land use development
standard conditions.
29. All multifamily townhouse developments in the MR-T zone shall be
eendefainiums.townhouses with ownership interest only. ^ eondemini,im plat shall
development pef:mit by the eit�-
SECTION 4. — Savings. The existing sections of the Kent City Code, which
are amended by this ordinance, shall remain in full force and effect until the effective
date of this ordinance
SECTION S. — Severabdity If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portions of this ordinance and the same
shall remain in full force and effect.
3 Townhouse Ownership MR-T Zoning-
Amend KCC 15
SECTION 6. — Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after passage as provided by law.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM.
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of September, 2005.
APPROVED- day of September, 2005.
PUBLISHED: day of September, 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.
(SEAL)
BRENDA JACOBER, CITY CLERK
P\CrvJWRDIhA4CE%15.Townhous Owner hipMR-TZonmg&C
4 Townhouse Ownership MR-T Zoning-
Amend KCC 15
■ Kent City Council Meeting
Date September 6, 2005
Category Consent Calendar
1. SUBJECT: CENTRAL AVENUE SIDEWALK PROJECT—ACCEPT AS
COMPLETE
2 SUMMARY STATEMENT: As recommended by the Public Works Director,
accept the Central Avenue Sidewalk project as complete and release retainage to Pacific
Rim Construction upon standard releases from the state and release of any Dens The
original contract amount was $283,000 65 The final contract amount was $255,252 66
3. EXHIBITS: None
j4. 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. 6K
Kent City Council Meeting
Date September 6, 2005
Category Consent Calendar
1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT —
ACCEPT AND ESTABLISH BUDGET
2. SUMMARY STATEMENT: Accept the Washington Traffic Safety Commission
mini-grant in the amount of$1,000 00 which will be used to purchase two (2) portable
breath testers (PBT's) for the court and traffic school use and establish a budget for
same
3. EXHIBITS: Notification letter from WTSC dated 7/27/05
4. RECOMMENDED BY: Public Safety Committee 8/18/05
(Committee, Staff, Examiner, Commission, etc.)
I5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes X No
If no:
Unbudgeted Expense: Fund Amount S
Unbudgeted Revenue Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION-
ACTION:
Council Agenda
Item No 6L
i
POLICE DEPARTMENT
Ed Crawford, Chief of Police
Phone 253-856-5888
•
KEN T Fax 253-856-6802
WASH IN G-O N Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: August 18, 2005
TO: Public Safety Committee
SUBJECT: Washington Traffic Safety Commission grant in the amount of$1,000.00.
MOTION: I move to recommend that Council accept the Washington Traffic Safety Comnnsston
(WTSC) grant in the amount of$1,000.00 and placing this on the Consent Calendar of the September 6,
2005 Council Meeting.
SUMMARY: The Washington Traffic Safety Commission (WTSC) mini-grant funds in the amount of
$1,000.00 will be usedi to purchase two portable breath testers for the court and traffic school
EXHIBITS: Notification letter from WTSC dated July 27, 2005
BUDGET IMPACT: None.
BACKGROUND:
City of Kent Public Safety Committee `VTSC num-grant$1,000
August 18, 2005
.f�. EClEi 'V � h)
y, CHIEFS OFFICE
14R'l
JUL �� SOUS
STATE OF WASHINGTON
WASHINGTON TRAFFIC SAFETY CO)MMISSkWpot(CF DEPARTMENT
1000 S.Cherry St.,PO Box 40944 • Ohmpia, Washmgfon 98504-0944 - fMO) 1 "3 -6197
July 27, 2005
Chief Ed Crawford
Kent Police Department
220 Fourth Avenue South
Kent, Wa 99032-5995
Dear Chief Crawford-
Your request for an Alcohol Mini-grant in the amount $1000.00 to purchase two PBT's
for your court and traffic school has been received and approved.
Please proceed by saving the receipts for the expenditures and sending the receipts, with
the enclosed and completed A-19 form for reimbursement to.
Washington Traffic Safety Commission
1000 S. Cherry St., P.O. Box 40944
Olympia, WA 98504-0944
ATTENTION: Dick Nuse
Thank you for your continued support in this important area.
Sincerely,
Dick Nuse
Program Manager
(360) 664-8426
dnuse@wtse.wa gov
t
Kent City Council Meeting
Date September 6, 2005
Category Consent Calendar
1. SUBJECT: BUREAU OF JUSTICE ASSISTANCE FY 2005 GRANT—ACCEPT
AND ESTABLISH BUDGET
2. SUMMARY STATEMENT: Accept the grant for $48,260 for use by the Kent
Police Department to support crime investigations with the purchase of equipment,
supplies and training; establish a budget for the same, and authorize the Mayor to sign
all agreements necessary to accept the grant. This grant program replaces the Local
Law Enforcement Block Grant (LLEBG).
3. EXHIBITS: Notification letter dated 8/11/05
i4. RECOMMENDED BY: Public Safety Committee 8/18/05
(Committee, Staff, Examiner, Commission, etc.)
t5. FISCAL IMPACT
Expenditure? Y Revenue? Y
Currently in the Budget? Yes No X
If no:
Unbudgeted Expense: Fund N00011 6XXXX 3261 Amount $48,260 00
Unbudgeted Revenue. Fund N00011 53120 Amount $48,260 00
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
t
DISCUSSION:
ACTION:
Council Agenda
Item No 6M
POLICE DEPARTMENT
Ed Crawford, Chief of Police
•
Phone 253-856-5888
K E N T Fax 253-856-6802
I W AS 1i IN G T ON Address 220 Fourth Avenue S
Kent,WA 98032-5895
DATE: August 18, 2005
TO: Public Safety Committee
SUBJECT: U.S. Department of Justice, Bureau of Justice Assistance FY2005 grant
MOTION: I move to recommend that Council accept the Bureau of Justice Assistance grant in the
amount of$48,260 00 and place this on the Consent Calendar of the September 6, 2005 Council
Meeting,
SUMMARY: The grant funds will be used by the Kent Police Department to support crime
investigations with the purchase of equipment, supplies and training. There is no city funding match
required other than 10°% of an existing investigator's salary. The grant protect period is 10/1/04 through
9/30/08
EXHIBITS: Notification letter from Depaitment of Justice dated August, 2005
BUDGET IMPACT: None.
BACKGROUND:
r�
City of Kent Public Safety Committee Bureau of Justice grant
August 18,2005
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Office of Justice Programs Waduirgimr DC 20531
August 11,2005
The Honorable Jim White
City of Kent
220 South 4th Avenue
Kent,WA 98032-5895
Dear Mayor White
On behalf of Attorney General Alberto Gonzales,it is my pleasure to inform you that the Office of Justice Programs has
appioved your application for fanding under the FY 2005 Edward Byrne Memorial Justice Assistance Grant Program in the
amount of$48,260 for City of Kent
Enclosed you will find the Grant/(ward and Special Condrtwns documents This award is subject to all adnuinsnanve and
financial requirements,including the timely submission of all financial and programmatic icpoir�,resolution of all interim
audit findings,and the maintenance ofa minimum level of cash-on-band Should you nor edbeie to these requirements,you
will be in violation of the terms of thus agiecmeut and the award will be subJect io ter urination for cause or other administrative
action as appropriate
If you have questions regarding this award,please contact
- Program Questions,Jeffrc y S Felten-Green,Program Manager at 1202)514-8874,and
1 - Financial Questions,the Office of the Comptroller,Customer Service C enter(CSC)at
(800)458-0786 or you may contact the CSC at ask oc(i�usdo)gov
Congratulations,and we look forward to working with you
LSincerely,
Domingo S Herrauz
Director,Bureau of Justice Assistance
Enclosures
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Department of Justice
Office of Justice Progi arcs
Office for Civil Rights
Ita,hingmn DC NMI
August L 1,2005
The Honorable Jim White
City of Kent
220 South 4th Avenue
Kent,WA 98032-5895
Dear Mayor White i
Congratulations on your recent award in establishing financial assistance programs,Congress linked the receipt
of Federal funding to compliance with Federal civil rights laws The Office for Civil RiOts(OCR),Office of
Justice Programs(O.11%U S Depailment of Iw.tice is responsible for ensuring that wcipients of financial aid
from OTP its component offices and bureaux,the Office on Violence Against Women(OV,A t and the Otlice
ofCommunity Oriented Policing Serx ices(COPS)comply with applicable Federal civil rights slatincs and
regulations We at OCR are available to help you and your organization meet the civil rights tequn ements that
come with Justice Department fimdmg
As you know.Federal laws prohibit recipients of financial assistance from disci n mating on the basis of race,
color,national origin,religion,sex,or disability in funded programs or activities,not only m respect to
employment practices but also In the delivery ofservices or benefts Federal law abo ptohibus horded piogrmnc
or activities from discriminating on the basis of age in the delivery of servo es or benefits
In addition to these general prohibitions,your organization,which is a recipient of financial assistance sublet[to
the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act(Safe 4hects Act)of 1968,
42 lJ S C 4 3789d(c) must meet two additional raqunements(1)complying with Federal icgulations pertaining to
the development of an Equal Employanent Opportum[y Plan(EEOPI 28 C F R §42 301-308 and(2 i suhnuttmg
to OCR Fmdmg�of Discnmmation(see 28 C F R §§42 205(5)or l 12t2(5))
Complying witb the EEOP Requirement
In accordance with Federal regulations,and Assurance No 6 in the Standard Assurances,vow organization must
comply with the following EEOP reporting requirements
if your organization has recened an award for$500,000 or more and has 50 or more employees(counting both
full-and part-time employees but excluding political appointees) then it has to prepare an CEOP and submit it to
OCR for review within 60Ill from the date of this letter For assistance m developing an EEOP,please
consult OCWs website at hits Pwww,olp usdol goxtoed You may also reques,technical assistance from an Ell
specialist at OCR by dialing(202)616-3208
If your organization received an award between$25,000 and$500 000 and has 50 or more employees,your ,
organization still has to prepate xi FEOP,but it does not halve suhnut the EEOP to OCR fir rep hew bhstead,your
organization has to maintain the LEOP on file and make it availahle Air review on request In adddton,your
organization has to complete Section R of the enclosed Certification Fonn and return it to OCR
If your otganzation received an award for less than$25 000 or if}our orgamzauot has less than 50 emplovees,
regardless of the amount of(he award,or if youi organization is a medical institution,education it uisumrion,
nonprofit organization or Indian tithe,then your organization is exempt from[lie ESOP requicment Howexer,
your organization must complete Section A of the enclosed Cemfiwtion Font and ietum it to ciCR
Submitting Findings of Discrimination
In the event a FedetA or State court of Federal or State administrative agenvy makes an adverse finding of
discrimination against your organ,Lition after a due process hearing,on the ground of race color,religion,
national of igm,or seti,your organization must subnut a copy of the lindmg to OCR for review
Providing Services to Limited English Prod rienev(LEP)individuals
In accordance with recent Department of Justice Guidance pertaining to Title Vii of the Civil Rights Act of 1964.
42 U S C §2000d,recipients of Federal Financial assistance must take reasonable steps to provide meaningful
access to their programs and aclrvrttes For persons t+rth hnv[ed Giglish proticiency t LEPI For more information
on the civil rights responsibilities that recipients have in providing language services to LEP individuals,please
see the websrte www lep gov
Ensm mg the Compliance of Subs ecrpients
if your organization makes subawards to other agencies,you are responsible for assunn_g that subrecipierw also
comply wnh all of the applicable Federal civil rights laws.including the requirements pertaining to developing
and submnnng an EEOP reporting Findings ofDwenmmation and providing language sen ices io CF_P persons
State agencies that make subawaids must have in place standard grant assurances and review procedures to
demonstrate that they are effectively monitoring the civil rights compliance of arbrecipienis
Enforcing Civil Rights Laws
All recipients of Federal financial assistance,regardlesR of the particular funding source,the amount of the grant
award,or the number ofempleyn.in the workforce,are subject to the piohibmons against unlawhil
discrimination Accordingly,OCR investigates iecipients that are the subject of disciunmation cmnplamts fiom
both individuals and groups In addition,based on regulatory ciuena,OCR selects a number of iet gnents each
year for compliance reviews,audits that require recipients to submit data slowing that thcy ate providing
services equitably to all segments ofther scrvi,,e population and that[lieu employment practices meet equal
employment opportunity standards
Ensut mg Equal Treatment for Faith-Rased Organizations
The Department of Justice has published a regulation specifically pertaining to the funding of faith-based
organizations In general the regnlat[on,28 C F R part 38 requires State Administering Agencies to treat these
organizations the sanie as any other opphcaut of rer[ptent The regulation prohibits State Admmisteung
Agencies from mdking award or grant administration decisions on the basis of an organization s religious
character or affiliation,religious name,or[lie religious compogtion of its board of dreetors
The regulation also prohibits firth-based organizations from using direct financial assistance from the
Department of Justice to fund mherently religious activities While faith-based organizations can engage in
non-funded inherently religious activities They must be held separately from the Depar lent of lucuce funded
prograin,and customers or beneficiaries cannot be compelled to participate in them The Equal Treatment
Regulation also makes clear that organizations panicipating in programs duectis funded by the Department of
Justice are not pemntted to discrmunate it the piov[son of scrnces on the basis of a benelicia[v's iehgion For
more information on the tegulatrur please see OCR's website at http 7ww" ojp usdaj gov'ocvc-tlbo him
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State Administering Agencies and faith-based organizations should also note that the Safe Street,Act,as
amended,the Victims of Crime Art as amended,and the Juvenile hi trcc and Dehuquency Prevr anon Act,as
amended,contain prohibitions against discrimination on the basis of religion in employment these employment
provisions have been specifically incorporated into 28 C F R Part 38 I(f)and 3,t 2(f) Cometueatly in many
circumstances,it would be impcnrastiible for Imth-based organizations seeking or recen utg lundmg author tzed
by these statutes to have policies of practices that condition hiring and other employment-related dectstons on the
religion of applicants or employee, Piograms�ubtect to these nondiscrimination provisions ma} be found on
OCR's webstte at http//www olp usdo gov ocr Questions about the regulation or the statutes that prohibit
discrimination in employment may he directed to this Office
If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of rederal funding
please call OCR at(202)307-O690 or visit our webstte at http//www oap usdol gov/ocr/
Sincerely
Michael L Alston
Director
cc arantManager
Financial Analyst
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Department of Justice
Office of Justice Programs
PAGE_ I OI 4
Bureau of Justice Assistance Grant
1 RECIPIENT NAME AND ADDRESS(Including Zip Code) 4 AWARD NUMBER 2005-DI.B\-0720
Cnv of Kent
220 Sowh 4th Avenue 5 PRO)ECT PERIOD FROM 10/01/2004 TO 09/302008
Kett WA 98032-5895
—BUDGEFPERIOD FROM 10/OM2004 To 09/30/2009
1
6 A14 ARP DATE 0811 1/2005 7 ACTION
IA GRANTEE IRS'VENDOR NO 8 SUPPLEMENTNUMBER initial
916M1265 up
9 PREVIOUS AWARD AMOUNT
3 PROJECTTTFLE )U AMOUNTOF THIS %WARD 9:45260
Sunedlance and Investigative Equipment Grant _—
II TOTAL AWARD 348260
12 SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S)
13 STATUTORY AUTHORITY FOR GRANT
This project is supported under Pubbc Law I0E-i47 118 3mt 2862(Consohdated Appropriations 1m,FY 2005)
IS METHOD OF PAYMENT —�------ --- --- -- ------_--_---_--
PAPRS
AGENCY APPROVAL GRANTEE_ACCEPTANCE
Ib TYPED NAME AND TITLE OF APPROVIAdi OFFICIAL 18 TYPED NAME AND TITLE OF AUTI(OR[ZED GRANTEE OFFiCIAC
t
Dnmmgo S Hetram hm Whne
Director Bureauof Jusucc Assistance Ma}rr
17 SIGNATURE OF APPROVING OFFICIAL 19 SIGNATURE OF AUTHORIZED RECIPIENTOFFICIAL 19A DATE
I
AGENC% USE ONLt
20 ACCOUNTING CLASSIFICATION CODES _1 DNN)Nti R4
FISCAL FUND BUD DIV
YEAR CODE ACT OFC REG SUB POMS AMOUNT
i
X B DJ 80 00 00 48260
OJPFORM4000/2(REV 5-87)PREVIOUS EDIT TONS ARE OBSOLETE
OJP FORM 400012(REV 4-83)
Department of lustre
OfficeotJustice Programs AWARD CON FINLIAT[ON
s v „ Bureau of Justice SHEET PACE 2 OF 4
Assistance Grant
PROJECTNUMBER 2005-Di-BX-0720 AWARD DOTE Oa,'I 112001
SPECIAL(7VNDITIOMS
1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs 401P)Financial Guide
2 The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is
required to submit one pursuant to 28 C F R Section 42 302) that is approved by the Offica for Cn,it Rights,is a
violation of its Certified Assurances and may result in suspension or lure nation of funding,until such time as the
recipient is in compliance
3. The recipient agrees to comply with the organizational audit requirements of OMB Circulm A-133 Audits of States,
1 Local Governments,and Non-Profit Orgam cations as furher described ui the current edawn of the OTP Financial
Guide.Chapter 19
4 Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the
enactment,repeal,modification or adoption of any law,regulation or policy at any level ofgovenmient,without the
express prior written approval of OJP
i
5 Grantee agrees to comply with the requirements of 28 C F R Part 46 and all Office of lusuce Programs policies and
procedures regarding the proieawn of hunt,m research subjects,including obtainment of Lisutuuona]Review Board
approval,if appropriate,and subject mfomwd consent
6 Recipient agrees that fund,provided under this award may not be used to operate a"pay-to stay"ptogram in any local
jail Recipient further agrees not to subaward hinds to local lads which operate"pav to-clad'Programs j
I
7 To support public safety and justice information sharing,OJP requires the grantee to use the Global Justice Data Model
specifications and guidehnes for tins particular grant Grantee shall publish and make available without restriction all
schemas(extensions,constraint provy)generated as a result of this"rant to the component repstry as specified in the
guidelines This information is available at www it ojp gowgrdm
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OJP FORM 4000/2(REV 4-881
Department of Justice
Office of Justice Programs AWARD CONTINU MON
Bureau of Justice SHEET PACE 33 OF 4
0-1tr, Assistance Grant
I
PROJECTNUMBER 2005-DJ-Bh-0720 AWARD DATE Nil 1,2005
SPECIAL CONDITIONS
8 The grantee agrees to assist B)A in complying with the National Environmental Policy Act(NEPA land other related
federal environmental impact analyses requirements in the use of these grant funds either direcity by the grantee or by
a subgrantee Accordmgl}.pnor to obligating grant funds,the grantee agrees to first detcnu ne if any of the following
aeuvitres will be related to the use of the grant fiords
The grantee understands that this special cnndrtion applies to its following new activities whether or not they are being
specifically funded with these grant funds That is as long as the activity is being conducted by the grantee a
subgrantee,or any third pr 1 ty and the activity needs to be undertaken in order to use these grant hinds,this special
condition must first be met The activities covered by this special eondaron are
I
a New construction,
b Minor renovation or remodeling of a property either(a)listed on or eligible for hsting on the National Register of
Historic Plaecs or(b)loca,ed within a 100-year flood plain,
e A renovation,lease,or any proposed use of a budding of facility that will either(a)result ina change inits basic
prior use or(b)significantly change its size,and
d Implementation of a new piograni involving the use of chemicals other than chemicals that are ta)purchased as an
incidental component of a funded activity and(b)traditionally used,forexample,in office household recreational,or
education environments
Application of This Special Condition to Grantee's Existing Programs or Activities For any of the gr aota:'s or its
subgrantees'existing pnog iins or a�trvrues that will be funded by these grant fiords the grantee,upon yncrFic request `
1 from BJA,agrees to coops rate with BJA in any preparation by BJA of a national or program environmental assessment
of that fimded program or activity
9. This special condition facilitates compliance with the provisions of the National Environmental Policy Act(NEPA)
I relating to clandestine methainphetamme laboratory operations,including the identification,seizure,or closure of
clandestine methamphetamine laboratories[hereinafter,"meth lab operations") No monies from this award may be
obligated to support meth lab operations un,ess the grantee implemems[his special toudition
The Office of Justice Programs(OiP) in consultation welt the Bureau of Justice Assistance,the Drug Enforcement
Administration,and the Office tot Conununu} Oriented Policing Services,prepared a Program-level F.m urnm mental
Assessment(Assessnienq gam ernnrg meth lab operations The Assessment describes the adverse env nonmental,
health,and safety impacts likely to be encountered by law enforcement agencies as tile%Implement specific actions
under their inethamplietamme laboratory operation, Consistent with the Assessment,the lollowing terms and
conditions ahall apply to the grantee for any OJP funded methlab operations
A The grantee shall ensure compliance by OJP funded sid)-grantees with federal state,and local enviromnental,
health,and safety laws and regal mtions applicable to meth lab operations to Include the disposal of the chenneals,
equipment,and wastes resulting from those operations
B The grantee shall have a Mitigation Plan in place that identifies and documents the processes and points of
accountability within its state Ttna plan will be used to ensure that the adverse em nonmental,healin and safety
impacts delineated in the Assessment are nutigated in a manner consistent will the requuenJents of tbrs condition
C The grantee shall monitor 01P handed meth lab operations to ensure that they comp[, with the following nine
mitigation measures identified in tile Assessment and w hose implcnientation is addressed in the giantess Mitigation
Plan These mitigation measures must be included as aNcial conditions in all subg3ru, (tree Part 11 of firs special
condition)
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0 IP FORM 40002(REV 4-381
Department of Justices
Office of lusw e Programs AWARD C'ONTtNUATJON
Bureau of.Justice SHEET PAGF 4 OF 4
Assistance Grant
l
PROJECT NUMBER 2005-DJ-Bh40720 AWARD DATE 08/1 Lr2(N15
SPEC TAL CONDTTTOVS
10 1 Provide medical screen rig of personnel assigned or to he assigned by the grantee to the seizure or closure of
clandestine methamphetaimme laboratories,
2 Provide Occupational Safety and Health Administration I OSHA I required initial and refresher training fro law
enforcement officials and all other personnel assigned to either the,eizure or closure of LI umdesnne methamphetamme
laboratories,
3 As determined by their specified duties.equip the personnel with OSHA required proteruve wear and other required
safety equipment,
4 Assign properly timed personnel to prepare a comprehensive contamination report on each seizedlcloscd
laboratory
5 Utilize qualified disposal personnel to remove all chemic.al%and associated glassware equipment,and contaminated
materials and wastes from the site(s)of each seized laboratory,
6 Dispose of the chemicals,equipment and contaminated materials and wastes at pioperly licensed disposal facilities
or,when allowable,at properly licensed recycling loedmes,
7 Monitor the transport,disposal,and recychng components of subparagraphs numbered 5 and 6 Immediately above
in order to ensure proper(omphance, t
8 Have in place and Imp ement a written agreement with the responsible state environmental agency Thig agreement
must provide that the responsible state environmental agency agrees to(i)timely evaluate the environmental condition
at and around the site Of Llosed clandestine laboratory and pi)coordinate with the responsible party,property owner,
or others to ensure that any residual contanunation is iemediated if determined nec(scary by the state envuonmerral
agency and in accordance with existing state and tederal requirements,and
9 Have in place and implement a written ,grcement with the responsible state or local service agencies to properly
respond to any minor,as defined by state law,at the site This agreement must ensure immediate response by qualified
personnel who can(n)respond to the potential health needs of any miner at the site,(n i take that minor into protective
custody unless the minor s criminally involved in the meth lab activities or its subject to cutest for othei cnnunal
violations,(tit)ensure immediate medical testing for methamphetamme toxicity,and( v)arrange to] any follow-up
medical tests,examinations,or health Lire made necessary is a result of methamphclammne toxicity
11 The recipient shall submit to B IA one copy of all reports and proposed publications resulting from this agreement
j twenty 120)days prior to public release Ant written,visual,or audio publications with the exception of pmess
releases,whether published at the grantee's or govemmem's expense,shall contain[line following statements t
"This project was supported by Grant NO 2005-DJ-BA-0720 awarded by the Bureau of Justice Assistance The
Bureau of Justice Assistance is a component Of the Office of Justice Programs,whu h ako nhcludes the Bureau of
Justice Statistics,the National Insinuie of Justice,the Office of Juvenile Justice and Delinquency Prevention,and time
Office for Victims of Crime Pomts of view or opinions in this document are those of the author and do not represent
the official position or policies ol'the United State Department of Jushee" t
The current edition of the OJP Financial Guile provides guidance on allowable printing activities t
12 The recipient is required to establish a trust fund account (The trust fund may or may not he an interest-bearing
account)The fund may not be used to pay debts incurred by other ictivities beyond the scope of the Edward Byrne
Memorial Justice Assistance Grant Program(JAG) The recipient also agrees to oHigate and expend the grant funds in
the trust fund(including any interest earned)during the period of the grant Giant funds(including any interest earned)
not expended by the end of the grant period must be returned to the Bureau of Justice Ass-I,ttuwc no later than 120 days
after the end of the grant period,along with the final submission of time Financial Status Report(SF-269) !
13 The grantee agrees to compl} with all reporting,data collection and evaluation requirements,as prescribed by the BJA
in the program guidance for the Justice Assnstmce Grant(JAG) Compliance with these requirements will he
monitored by BIA
0 IP FORM 40002(REV 4-881
eKentCityCouncil Meeting
g
Date September 6, 2005
Category Consent Calendar
1. SUBJECT: MONTESSORI SCHOOL LEASE—AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Lease Agreement
with Montessori Plus School and Teacher Preparation of Washington for the non-
exclusive use of a portion of City property for overflow parking purposes upon
concurrence from the City Attorney and Public Works Director
3. EXHIBITS: Public Works memorandum and Lease agreement
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 S
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6N
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone 253-856-5500
Fax 253-856-6500
K E N T
w AS H IN G T ON Address 220 Fourth Avenue S
Kent, WA 98032-5895
DATE: May 12, 2005
TO: Public Works Committee
FROM: Larry R Blanchard, Public Works Director
SUBJECT: Proposed Lease Agreement for a Portion of 6 Million Gallon Reservoir Adjacent
to 98`h Avenue
I MOTION: Recommend the full City Council authorize the Legal Department to prepare a
Lease Agreement for overflow parking requested by the Montessori Plus School Terms of the
Lease Agreement to be approved by the City Attorney and Public Work Director prior to
signature by the Mayor.
SUMMARY:
A request was received from the Montesson Plus School, hereinafter referred to as MPS, located
at 23807 98`h Avenue South to develop a portion of City property located on a portion of tax lot
182205-9055 into an overflow parking facility for the MPS The YIPS is prohibited from
overflow parking on the adjacent public street due to concerns of the neighbors. The property
where the MPS is requesting overflow parking is illustrated on the attached Map 1 This
property is part of the 6 Million Gallon Reservoir site located off of 98`h Avenue The property
currently is a strip of property 30' wide that includes the water mains from the reservoir.
' BUDGET IMPACT: No Unbudgeted FiscaUPersonnel Impact
The MPS would be charged $50 per parking stall per month for a potential revenue of$9000 per
year. The Lease Agreement would spell out the actual number of parking stalls leased by the
Montessori Plus School. The remaining parking stalls would be used for event parking for the
Reservoir site
I BACKGROUND:
The Reservoir Property has two 30 foot strips on both the northeast and southeast portions of the
property The southeast portion is currently used as an access to the control building for the
reservoir and pumps The northeast portion is a secondary access for water personnel and will
continue to be used as such The northeast portion is the only location where this parking could
occur as requested by the MPS
The request by the MPS is an opportunity for the City to develop this area into much needed
event parking for the reservoir site for training exercises, and at the same time allows overflow
parking for the MPS Currently MPS is prohibited from using on street parking adjacent to its
neighbors to provide overflow parking
Mayor White and Kent City Council 1
The other benefit this lease agreement has for the City is the revenue received from the lease
agreement for the use of the property for these purposes
Some of the potential terms of the agreement will include
1) The Lease agreement is renewable annually
2) In the event the lease is not renewed all parking is the City's to be used for City
purposes.
3) The landscaping adjacent to the parking area shall continue to be the responsibility of
the Montessori Plus School to maintain.
4) Any repairs to be made due to the MPS parking in this area shall be billed and paid by
the MPS.
5) Other conditions as deemed appropriate by the City Attorney and the Public Works
Director.
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Mayor White and Kent City Council 2
LEASE AGREEMENT
KENT
WASHINGTON
THIS LEASE is made by and between the CITY OF KENT, a Washington municipal
corporation ("Landlord") and MONTESSORI PLUS SCHOOL AND TEACHER PREPARATION
IOF WASHINGTON, a Washington non-profit corporation("Tenant").
BACKGROUND
A. Landlord is the owner in fee simple of real property located at 23825 - 98`h
Avenue South in the City of Kent, Washington, and legally described in Exhibit A (the
"Property") attached and incorporated herein.
B. Tenant operates a school out of real property located adjacent to the Property at
23807 - 981b Avenue South in the City of Kent, Washington, and legally described in Exhibit B
(the "Tenant's Site") attached and incorporated herein Tenant desires to lease that portion of the
Property legally described in the attached Exhibit C (the "Premises") for use as overflow
parking for the Tenant's Site.
C. The Property, the Premises, and Tenant's Site are depicted in Exhibit D.
AGREEMENT
In consideration of their mutual covenants, the Landlord and Tenant agree as follows•
1. LEASED PREMISES. Landlord leases to Tenant and Tenant leases from
' Landlord the non-exclusive use of that portion of the Property legally described on the attached
Exhibit C (the "Premises") for overflow parking purposes. The Landlord will not lease the
Premises to any other third party, but may use the Premises in conjunction with its use of the
Property.
2. TERM AND OPTION TO RENEW.
A. This Lease shall be for a term of five (5)years and shall commence upon completion
by Landlord of the improvements described in Section 4 below. (Commencement Date). Landlord
will provide Tenant with written notice of when construction will be completed This Lease shall
end on the date that is one day before the five year anniversary of the Commencement Date.
Additionally, so long as Tenant is not in default of this Lease, Tenant shall have the option to
LEASE AGREEMENT—Page t of 8 August 30,2005
(between City of Kent and Montesson Plus School and Teacher Preparation of WA)
renew this Lease for one (1) additional five (5) year period subject to the adjustment of Monthly
Rent as described in Section 3. Should Tenant exercise its option to renew this Lease, that
option must be exercised in writing and delivered to Landlord at least ninety (90) calendar days
before the end of the original term.
3. RENT. ,
A. Tenant agrees to pay Landlord as Monthly Rent, without notice or
demand, the sum of Seven Hundred and 00/100 Dollars ($700.00), based on fourteen parking
spaces calculated at $50 00 per space, plus leasehold tax, if required by law, at a rate established
by the State of Washington, currently 12 84%, commencing on the Commencement Date.
Subsequently, the Monthly Rent shall be paid in advance, on or before the first day of the month ,
during the term. Monthly Rent shall be mailed to. City of Kent, 220 Fourth Avenue South, Kent,
Washington 98032, Attention Facilities Superintendent. This Monthly Rent shall be paid by
Tenant regardless of whether Tenant uses each parking stall.
B. Tenant shall pay Landlord a late payment charge equal to five percent ,
(5%) of the Monthly Rent for any payment not paid within five (5) calendar days of when due
Any amounts not paid when due shall bear interest until paid at the rate of two percent (2%) per
month.
C. The Monthly Rent during years two (2) through five (5) of each five (5)
year term shall be increased effective as of each anniversary of the Commencement Date by an
amount equal to the greater of four (4) percent or the percentage increase in the CPI over the CPI
for the 12 months prior to the adjustment date. "CPI" means the Consumer Price Index for All
Urban Consumers, U S. City Average, All Items, issued by the Bureau of Labor Statistics for the
United States Department of Labor (1982-84 = 100). If the CPI is converted to a different
standard reference base or otherwise revised, the adjustment set forth in this paragraph shall be
made with the use of the conversion formula published by the Bureau of Labor Statistics
D. The Monthly Rent during the first year of the renewal term will be
adjusted to Market Rent by the Landlord. As used herein, "Market Rent" means the rent paid for
similar uses on similar properties in the greater Puget Sound area.
LEASE AGREEMENT—Page 2 of 8 August 30,2005
(between City or Kent and Montesson Plus School and Teacher Preparation of WA)
E. Monthly Rent, and all other consideration to be paid or provided by
Tenant to Landlord shall constitute Rent and shall be paid or provided without offset.
4. IMPROVEMENTS BY LANDLORD. Landlord shall design, obtain the
necessary permits for, and construct the overflow parking area on the Premises, at Landlord's
cost, in accordance with the Kent City Code and all other applicable local, state, and federal
regulations. The Landlord's design of the overflow parking area is attached and incorporated as
Exhibit D. Upon full execution of this Lease, the Landlord will apply for the necessary permits
and commence construction of the overflow parking area This Lease, however, is contingent
iupon Landlord obtaining all necessary permits for the overflow parking area. In the event
Landlord is unable to construct the parking area as depicted in Exhibit D, this Lease shall
' become null and void, unless otherwise agreed by the parties
5. TAXES. Tenant shall pay any tax that this Lease, or the interest created thereby,
may be subject to at any time during the term of this Lease.
' 6. MAINTENANCE AND REPAIRS.
A. Tenant shall be responsible for all the costs of maintenance and repair of
the Premises. The Landlord shall perform all necessary maintenance to be expected for a
parking area, including, but not limited to, sealing, asphalt resurfacing, re-striping, repair of
vandalism, and removal of gang tags or signs and all other gang indicators, consistent with
Landlord's maintenance programs for parking areas
B. Landlord shall bill Tenant for maintenance and repairs performed on the
parking lot. Tenant shall pay the same within thirty (30) days of receipt of the bill.
7. UNAUTHORIZED USE AND CLOSURE. Landlord reserves the right to eject
or cause the ejection from the Premises any person or persons not authorized, empowered, or
privileged to use the Premises pursuant to this Lease The Tenant shall not have the right to
close off or block access to the Premises.
8. TERMINATION. This Lease shall be terminated prior to the end of the term if
any of the following occur:
i
1
' LEASE AGREEMENT—Page 3 of 8 August 30,2005
(balwccu Cay of Kent and Monson Plus School and Teacher Preparanon of WA)
A. Tenant defaults in the payment of Monthly Rent or any other sums
payable to Landlord when due, and does not cure such default within fifteen (15) calendar days
after written notice from Landlord;
B. Tenant abandons or vacates the Premises for a period longer than thirty
(30) days;
C. Tenant fails, at any time during this Lease to conform or comply with any
local land use, regulatory, or building permit conditions issued by the City of Kent in connection
with the construction, operation, or maintenance of the Premises
D. Tenant is adjudicated as bankrupt or makes any assignment for the benefit
of creditors;
E. Tenant becomes insolvent;
F. Tenant sells or transfers its interest in Tenant's Site adjacent to the
Premises; or
G. Either party defaults in the performance of any other covenant or
condition of this Lease and does not cure such other default within thirty (30) calendar days after
written notice from the non-defaulting party specifying the default at issue; provided, however,
that neither party will be in non-monetary default under this subsection if it commences curing
such default with such 30-day period and thereafter diligently prosecutes the cure to completion.
9. CURE BY LANDLORD. In the event of any default of this Lease by Tenant,
per Section 8, the Landlord may at any time, after notice, cure the default for the account of and
at the expense of the Tenant If Landlord is compelled to pay or elects to pay any sum of money
or to do any act which will require the payment of any sum of money or is compelled to incur ,
any expense, including reasonable attorney fees in instituting, prosecuting, or defending any
action to enforce the Landlord's rights under this Lease, the sums so paid by Landlord, with all
interest, costs, and damages shall be deemed to be Additional Rent and shall be due from the
Tenant to Landlord on the first day of the month following the incurring of the respective I
expenses. If Tenant disputes the appropriateness of the Additional Rent in good faith, Tenant
will pay such Additional Rent "under protest." Any payment under protest by Tenant shall not
LEASE AGREEMENT—Page 4 of 8 August 30,2005
(hetween Cay of Kent and Nontesson Plus School and Teacher Prepatauon of WA)
be considered an admission of liability or a waiver of Tenant's rights under this Lease, and such
payment shall be subject to refund if Tenant's position is upheld by a court
10. DAMAGES AND ATTORNEY'S FEES In the event of an instance of
Tenant's default as identified in Section 8, Landlord shall be entitled to the amount of unpaid
rent accrued through the date of termination and liquidated damages in the amount of the rent
that would have been collected through the remainder of the five (5) year term. If it becomes
' necessary for the Landlord to use an attorney and/or bring suit for damages or possession, or if
Tenant shall bring any action for any relief against Landlord, declaratory or otherwise, arising
out of this Lease, the prevailing party shall have and recover against the other party in addition to
the cost allowed by law, such sum as the court may adjudge to be reasonable attorney's fees
11. RE-DELIVERY. Tenant, at the expiration of the term of this Lease or any
extension thereof or upon any sooner termination thereof, will, without notice, quit and deliver said
Premises to the Landlord peaceably, quietly, and in as good order and condition as the same now
are or may hereafter be placed by Landlord, reasonable use and wear thereof excepted
12. ACCESS FOR WATER MAIN REPAIRS. Landlord has water mains located
below ground on the Premises. Should Landlord determine it necessary to repair or maintain
these water mains during Tenant's lease of the Premises, Tenant understands and agrees to an
' interruption in its use of the Premises in order to allow such repairs or maintenance to be
performed. Tenant will receive a proportional offset in the monthly rental amount for the
' amount of time Tenant was denied use of the Premises due to the repair or maintenance work
conducted by Landlord.
13. INSURANCE & INDEMNIFICATION.
1 A. Tenant shall procure and maintain for the duration of the Agreement,
insurance for the Premises of the types and in the amounts described in Exhibit E attached and
1 incorporated by this reference.
B. Tenant shall defend, indemnify, and hold Landlord, 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 Tenant's
' performance of this Lease, except for that portion of the injuries and damages caused by
LEASE AGREEMENT—Page 5 of 8 August 30,2005
(bctw��n City of Kcnt and Montessori Plus School and Teacher Preparet on of WA)
Landlord's sole negligence. The provisions of this section shall survive the expiration or
termination of this Lease.
14. NON-WAIVER OF BREACH. The failure of either party to insist upon strict
performance of any of the covenants and agreements contained in this Lease in one or more
instances shall not be construed to be a waiver or relinquishment of those covenants and j
agreements, and the same shall be and remain in full force and effect.
15. HOLDOVER. If the Tenant shall, with the written consent of Landlord, holdover
after the expiration of the term of this Lease, such tenancy shall be for an indefinite period of time,
on a month-to-month tenancy, and such tenancy may be terminated upon thirty (30) days written
notice by either party. During such tenancy, Tenant agrees to pay to the Landlord the same rate of ,
rental as set forth herein, unless a different rate is agreed upon, and to be bound by all of the terms,
covenants, and conditions of this Lease. ,
16. ASSIGNMENT. This Lease may not be assigned, let, or sublet, in whole or in
part. r
17. RESOLUTION OF DISPUTES AND GOVERNING LAW. This Lease shall
be governed by and construed in accordance with the laws of the State of Washington If the
parties' representatives are unable to settle any dispute, difference, or claim arising from the
parties' performance of this Lease, the exclusive means of resolving that dispute, difference, or
claim shall be by filing suit in 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 Lease, the substantially prevailing '
party shall be entitled to recover reasonable attorneys' fees and all costs incurred in connection
with such claim or lawsuit, provided, however, nothing in this paragraph shall be construed to
limit either party's right to indemnification under Section 13 of this Lease.
18 SUBORDINATION TO MORTGAGE. Any mortgage now or subsequently t
placed upon any Property of which the Premises are a part shall be deemed to be prior in time
and senior to the rights of the Tenant under this Lease Tenant subordinates all of its interest in
the leasehold estate created by this Lease to the lien of any such mortgage Tenant shall, at
Landlord's request, execute any additional documents necessary to indicate this subordination '
within ten (10) days of written request by Landlord, provided that such documents include
LEASE AGREEMENT—Page 6 of 8 August 30,2005
(between City of Kent and Montwson Plus School and Teacher Preparation of WA)
' provisions by which Landlord's mortgagees agree that Tenant's use and quiet enjoyment of the
Premises and Access Easement will not be disturbed so long as Tenant is not in default under
this Lease.
19. WRITTEN NOTICE. All communications regarding this Lease shall be sent to
the parties at the addresses listed on the signature page of the Lease, unless otherwise notified in
writing Any written notice hereunder shall become effective (a) three business days after the
date of mailing by registered or certified mail, (b) the same day if sent by facsimile; or (c) the
next day if sent by reputable overnight courser and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Lease or such other address as may be later specified in
writing.
' 20. MODIFICATION. No waiver, alteration, or modification of any of the
provisions of this Lease shall be binding unless in writing and signed by a duly authorized
representative of Tenant and Landlord.
21. ENTIRE AGREEMENT. The written provisions and terms of this Lease,
together with any exhibits attached, shall supersede all prior verbal statements of any officer or
other representative of the parties, and such statements shall not be effective or be construed as
forming a part of or altering in any manner this Lease. All of the above exhibits are hereby made
' a part of this Lease However, should any language in any of the exhibits to this Lease conflict
with any language contained in this Lease, the terms of this Lease shall prevail
' TENANT: LANDLORD:
MONTESSORI PLUS SCHOOL & TEACHER CITY OF KENT
PREPARATION OF WASHINGTON, INC.
By By-
Title- Title: Mayor
Date. Date:
1 APPROVED AS TO FORM:
1 Kent Law Department
LEASE AGREEMENT—Page 7 of 8 August 30,2005
(hetwt,.n City of Kant and Montoswn Plus School and Teacher Preparation of WA)
r
NOTICES TO BE SENT TO: ,
TENANT: LANDLORD:
Mr. Don McClurkin Mr. Brad Lake, Water Superintendent
Montesson Plus School and City of Kent Public Works Department
Teacher Preparation of Washington 220 Fourth Avenue South
23807 98`" Avenue South Kent, WA 98032
Kent, WA 98031
(253) (telephone) (253) 856-5600 (telephone)
(253) (facsimile) (253) 856-6600 (facsimile)
1
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r
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LEASE AGREEMENT—Page 8 of 8 August 30,2005
(between City of Kent and%lontesson Plus School and Teacher Preparation of WA)
EXHIBIT A
CITY OF KENT PROPERTY
LOT 1 VALLEY COMM SHORT PLAT NUMBER 84-10 RECORDING NUMBER
8412200589 (AKA) TAX LOT NUMBER 55
1
EXHIBIT B
MONTESSORI PLUS SCHOOL AND TEACHER PREPARATION OF WASHINGTON
PROPERTY
LOT 2 AND 3 VALLEY COMM SHORT PLAT NUMBER 84-10 RECORDING
NUMBER 8412200589 (AKA) TAX LOT NUMBER 348
' EXHIB IT C
' Legal Description of property Tenant desires to lease is being prepared.
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EXHIBIT E
INSURANCE REQUIREMENTS
The Lessee shall procure and maintain for the duration of the Lease, insurance against
claims for injuries to persons or damage to property which may arise from or in
connection with the Lessee's operation and use of the leased Premises.
' A. Minimum Scope of Insurance
Lessee shall obtain insurance of the types described below.
1. Commercial General Liability insurance shall be written on Insurance
Services Office (ISO) occurrence form CG 00 01 and shall cover premises
and contractual liability. The City shall be named as an insured on
Lessee's Commercial General Liability insurance policy using ISO
Additional Insured-Managers or Lessors of Premises Form CG 20 11 or a
substitute endorsement providing equivalent coverage.
2. Property insurance shall be written on an all risk basis
B. Minimum Amounts of Insurance
Lessee shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits no
less than $1,000,000 each occurrence, $2,000,000 general aggregate.
2. Property insurance shall be written covering the full value of Lessee's
property and improvements with no coinsurance provisions.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions
' for Commercial General Liability insurance
1. The Lessee's insurance coverage shall be primary insurance as respect the
City Any Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Lessee's insurance and shall
not contribute with it
2. The Lessee's insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty (30) days prior written
' notice by certified mail, return receipt requested, has been given to the
City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A M Best rating of not less than
A VII.
EXHIBIT E
INSURANCE REQUIREMENTS—Page 1 of
(bctWour City of Kent and Mon"wri Plm School and Teacher Preparation of WA)
E. Verification of Coverage '
Lessee shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Lessee
F. Waiver of Subrogation '
Lessee and Landlord hereby release and discharge each other from all claims, losses and '
liabilities ansmg from or caused by any hazard covered by property insurance on or in
connection with the premises or said building This release shall apply only to the extent
that such claim, loss or liability is covered by insurance.
EXHIBIT E
INSURANCE REQUIREMENTS— Page 2 of2 '
(bet%ccn City of Kent and Montosson Plus School and Teacher Prcparatton of WA)
Kent City Council Meeting
Date September 6, 2005
Category Other Business
' 1. SUBJECT: ZONING CODE AMENDMENT—COMMERCIAL MOTOR
VEHICLES IN RESIDENTIAL ZONING DISTRICTS —APPROVE
2. SUMMARY STATEMENT: On August 15, 2005 the Planning & Economic
Development Committee voted to recommend approval of amendments to Chapter 15
of the Kent City Code to limit storage and parking of commercial motor vehicles in
residential zoning districts, as recommended by the Land Use and Planning Board.
' 3. EXHIBITS: Staff memo, minutes from 8/15/05 P&EDC meeting and minutes from
' 8/8/05 LU&PB hearing
4. RECOMMENDED BY: Planning & Economic Development Committee (2.1)
(Committee, Staff, Examiner, Commission, etc )
5. FISCAL IMPACT
Expenditure" No Revenue? No
Currently in the Budget? Yes No
If no.
LUnbudgeted Expense: Fund Amount S
Unbudgeted Revenue- Fund Amount $
' 6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
to approve/deny/modify Zoning Code Amendment #2005-3, as recommended by the
Planning & Economic Development Committee and Land Use & Planning Board
DISCUSSION:
ACTION:
Council Agenda
Item No 7A
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
KEN T Charlene Anderson,AICP, Manager
WASHINGTON
Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent, WA 98032-5895
August 30, 2005
TO. Mayor Jim White, Council President Deborah Ranmger and City Council
Members
FROM Damien Hooper, Planner
RE Zoning Code Amendment#ZCA-2005-3/KIVA RPP6-2052401
Commercial motor vehicles in residential zoning districts
MOTION: I move to approve/deny/modify Zoning Code Amendment#2005-3, as
recommended by the Planning & Economic Development Committee and Land Use &
Planning Board.
SUMMARY: On August 15, 2005 the Planning & Economic Development Committee voted
2:1 to approve the Land Use & Planning Board recommendation of approval of amendments to
Kent City Code to limit the storage and parking of commercial motor vehicles in residential
zoning districts
BUDGET IMPACT: None
BACKGROUND: The City's Zoning Code recognizes the need of all legitimate uses of land to
be protected from other uses which are unrelated or incompatible (KCC 15.01 020.C.2). The
City has received a number of complaints related to parking of commercial motor vehicles in
residential neighborhoods. Commercial motor vehicles present an incompatibility with
residential uses on several levels, including noise, visual blight, and safety issues.
Current Home Occupation regulations (KCC 15.08.040) typically disallow outdoor storage in
conjunction with a home-based occupation. However, where no home-based occupation is being
conducted, the code does not specifically disallow the parking/storage of commercial motor
vehicles Their prohibition has been enforced by interpretation of the Planning Manager.
The Planning & Economic Development Committee and Land Use & Planning Board
recommends the following code amendments:
KCC 15 08 085 Commercial motor vehicles are not permitted to be parked on residentially-
zoned property unless actively loading or unloading goods or unless approved through a Home
Occupation permit or other land use permit "Commercial motor vehicles" include 1) vehicles
used in a commercial enterprise which exceed 19 feet to length; and 2) truck tractors used in the
drayage of semi-truck traders
KCC 15 02 XXX Motor vehicle means a vehicle, machine, tractor, trailer, or semitrailer
propelled or drawn by mechanical power used on highways, or any other vehicle required to be
registered under the laws of this state, but does not include a vehicle, machine, tractor, trailer,
or semitrailer operated exclusively on a rail
The SEPA Responsible Official has determined the proposed amendments are procedural in
nature and categorically exempt from environmental review
Planning staff and the City's Code Enforcement Officer will be present at the Council meeting to
answer questions about this proposal.
CAIDffipm S IPermtt)PlaniZONECODEAiNEND1200512052401-2005-3cc090605 doc
i
PLANNING& ECONOMIC DEVELOPMENT COMMITTEE MINUTES
AUGUST 159 2005
Committee Members: Chair Tim Clark, Ron Harmon, Bruce White
The meeting was called to order by Chair Clark at 4:00 P.M.
Approval of Minutes
Member White moved and Member Harmon seconded a motion to approve the minutes of
June 20, 2005. Motion Passed 3-0.
ZCA-2005-6 Townhouse Ownership Options in MR-T Zoning Districts
Planning Manager Charlene Anderson gave a brief synopsis on this proposal, indicating that the
Land Use and Planning Board recommended approval of this amendment. Community
Development Director Fred Satterstrom stated that this amendment helps to create a mechanism
to ensure ownership more than the condominium actually does
After deliberations with staff, Member Hannon moved to recommend approval of ZCA-2005-6
amending Chapter 15 of the Kent City Code to provide for ownership options in the MR-T
Multifamily Residential Townhouse District as recommended by the Land Use and Planning
Board. Member White seconded the motion. Motion Passed 3-0.
ZCA-2005-4 Multifamily Dwelline Units in MR-T Zones in Downtown Districts
Ms. Anderson stated that this amendment provides for stacked dwelling units in addition to
townhouses in the MR-T zones in downtown. This is more reflective of the City's goals to
increase residential density in downtown. She stated that the Land Use and Planning Board
recommend approval.
Member White moved to recommend approval of ZCA-2005-4 amending Chapter 15 of the Kent
City Code to allow multifamily dwelling units in the MR-T Multifamily Residential Townhouse
districts located in downtown districts as recommended by the Land Use and Planning Board.
Member Harmon seconded the motion. Motion Passed 3-0
ZCA-2005-5 Processing of Applications for Rezone
Ms. Anderson stated Kent's Hearing Examiner proposed this amendment to clarify that rezones
could be processed separately or simultaneously with other types of land use applications such as
a plat.
Member Harmon moved to recommend approval of ZCA-2005-5 amending Chapter 12 of the
Kent City Code regarding the processing of applications for a rezone as recommended by the
Land Use and Planning Board. Member White seconded the motion. Motion Passed 3-0.
ZCA-2005-3 Commercial Motor Vehicles in Residential Zoning Districts
Ms Anderson stated that this proposed amendment is intended to clarify an existing code, and is
a recommendation to hunt the storage and parking of commercial motor vehicles in residential
zoning districts including single family and multifamily zones Ms. Anderson stated that the
police department regulates on-street parking of these types of vehicles, but this issue relates to
semi-truck and trailers, and tractors parked on private residential property. She stated that the
Land Use and Planning Board recommended approval by a 5-1 vote.
Community Development Director Fred Satterstrom explained why he and the City's Code
Enforcement Officer Brian Swanberg believes this issue to have become problematic in the
recent past, citing visibility, public safety and noise issues Member White requested additional
information on the number and location of complaints.
After deliberations, Member Harmon moved to recommend approval of ZCA-2005-3 amending
Chapter 15 of the Kent City Code to limit storage and parking of commercial motor vehicles in
residential zoning districts as recommended by the Land Use and Planning Board. Chair Clark
seconded the motion. Motion Passed 2-1 with Member White opposed.
ZCA-2005-7 Shipping Containers in Residential Zoning Districts
Ms Anderson stated that this proposal attempts to limit the placement of shipping containers in
residential zoning districts; and clarifies the interpretation of an existing code. This amendment
would exempt containers collecting debris or accepting household goods for moving as long as
the container is on the property for less than 72 hours. Ms. Anderson stated that the Land Use
and Planning Board voted for unanimous approval of this amendment.
The Committee discussed their concerns with staff and opted to defer this amendment to another
meeting until staff can obtain further information as requested
Ms. Anderson stated that staff proposes sending to Council the amendments that passed
unanimously as ordinances under the Consent Calendar and the one amendment not passing
unanimously would go to City Council under Other Business. The Committee concurred.
Growth Management Hearings Board Decisions on Urban Density
Assistant City Attorney Kim Adams Pratt presented information from a memo prepared by the
Legal Department describing two "Recent Urban Density Cases—Normandy Park and Issaquah
From the Central Puget Sound Growth Management Hearings Board' (GMHB). Ms Pratt
stated that these two decisions show us how the GMHB will analyze our urban densities to
determine if they are appropriate under the Growth Management Act.
Ms. Pratt said that the City of Kent is before the GMHB regarding the urban density issue,
stating that the City of Kent's Comprehensive Plan Update was appealed by 1000 Friends of
Washington (now known as Futurewise).
Ms. Pratt discussed six questions with the Committee, referred to in her memo, that the GMHB
would ask each city that comes before it on the urban density issue. Ms Pratt stated that while
planning staff has been going through the City's urban density study, the City's Legal
Department and Futurewise have been obtaining extensions from the GMHB on the case
schedule.
Ms. Pratt and Planner Gloria Gould-Wessen addressed Chair Clark's concerns with respect to
density issues along Kent's steep slopes and relinquishment of development rights.
Ms. Pratt stated that the Land Use and Planning Board has scheduled public hearings for
August 22, and September 12, 2005, on the urban density issue. She stated that legal briefs in
the GMHB case are not due until September and the Legal Department is negotiating with
Futurewise for another 90 day extension. If the extension is not granted, the City would end up
before the GMHB defending the densities in Kent's Comprehensive Plan without any changes
that may be adopted as a result of the urban density study. Ms Pratt stated that the GMHB
would decide if the current Comprehensive Plan meets GMA requirements for accommodating
urban densities. If the GMHB decided against the City, staff would have been completing the
Urban Density Study and Council's decisions on density designations could be presented to the
GMHB for the Board's determination as to whether the new densities comply with the Growth
Management Act.
Adjournment
Chair Clark adjourned the meeting at 5:00 p.m.
pa , mom- w
Pamela Mottram,
Admin Secretary, Planning Services
S IPermidPlanIPlnmmngCommutee120051Mwutes1081505mmdoc
P&EDC Meeting Minutes—8/15/05
Page 2 of 2
LAND USE & PLANNING BOARD MINUTES
AUGUST 8, 2005
BOARD MEMBERS PRESENT: Chair Jon Johnson, Steve Dowell, Tim Giminez, David Malik,
Dana Ralph, Elizabeth Watson, Kenneth Wendling,
BOARD MEMBERS ABSENT: Tim Gimmez, Excused
STAFF MEMBERS: Charlene Anderson, Tom Brubaker, Chris Holden
The meeting was called to order by Chair Johnson at 7:00 P.M in City Council Chambers.
Approval of Minutes
David Malik moved and Elizabeth Watson seconded a motion to approve the minutes of April 25, 2005.
Motion Carried Unanimously.
Added Items/Communications/Notice of Upcomine Meetings
Planning Manager Charlene Anderson stated that these issues will likely move forward to the August 15
Planning and Economic Development Committee meeting. If approved by Committee these issues will
move on to City Council on September 6.
ZCA-2005-3 Commercial Motor Vehicles in Residential Zonine Districts
Planner Damien Hooper stated that this proposed amendment would limit the storage and parking of
commercial vehicles in residential districts on residentially zoned property He stated that this
amendment was prompted by numerous complaints received by the city related to parking of
commercial vehicles in residential neighborhoods. Mr. Hooper stated that commercial motor vehicles
present an incompatibility with residential uses related to noise, visual blight and safety issues
Mr Hooper cited the textual changes within KCC Section 15.08.085 as recommended by staff.
After deliberations, Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell
moved and David Malik seconded a motion to close the public hearing. Motion Carried
David Malik moved and Steve Dowell seconded a motion to approve "ZCA-2005-3 Commercial Motor
Vehicles in Residential Zoning Districts" as recommended by staff to include replacing the language
"actively d el ' with "unless actively loading or unloading". Motion Carried 5 to I with Dana
Ralph opposed
ZCA-2005-4 Multifamily Dwelline Units in MR-T Zones in Downtown Districts
Planning Manager Charlene Anderson stated that staff has revised phrasing for this amendment based on
additional review. She stated that this amendment attempts to encourage more dwelling units in
Downtown's MR-T zoning districts and provide for other ownership options. Ms. Anderson stated that
staff proposes that multifamily dwellings with ownership interest be allowed in the MR-T zone located
within the downtown districts.
Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell moved and David
Malik seconded a motion to close the public hearing. Motion Carried.
David Malik moved and Elizabeth Watson seconded a motion to approve ZCA-2005-4 Multifamily
Dwelling Units in MR-T Zones in Downtown Districts as recommended by staff. Motion Carried
Unanimously
[and Use and Planning Board
Minutes August 8,2005
H .ZCA-2005-5 Processing of Applications for Rezone
Jon Johnson stated that the purpose of this proposed amendment is to clarify optional consolidated
permit processing. Chair Johnson declared the public hearing open and seeing no speakers, Steve
Dowell moved and David Malik seconded a motion to close the public hearing Motion Carried.
Elizabeth Watson moved and Steve Dowell seconded a motion to approve ZCA-2005-5 as
recommended by staff. Motion Carried Unanimously.
ZCA-2005-6 Townhouse Ownership Options in MR-T Zoning Districts
Chair Johnson stated that this proposed amendment considers ownership options within the MR-T
zoning district Ms. Anderson stated that staff received an application to allow other than condo type
ownership options in the MR-T district. She deferred to the staff report to describe the proposed
wording changes.
Chair Johnson declared the public hearing open. Seeing no speakers, Steve Dowell moved and David
Malik seconded a motion to close the public hearing. Motion Carried.
Elizabeth Watson moved and David Malik seconded a motion to approve ZCA-2005-6. Motion Carried
Unanimously
ZCA-2005-7 Shipping Containers in Residential Zoning Districts $'
Damien Hooper stated that this proposed amendment would limit the placement of shipping containers
in residential zoning districts. He stated that staff has added language that would exempt temporary
storage units.
Chair Johnson declared the public hearing open Seeing no speakers, Steve Dowell moved and David
Malik seconded a motion to close the public hearing. Motion Carried.
After the Board deliberated with City Attorney Tom Brubaker and planning staff concerning phrasing
the amendment, David Malik moved and Steve Dowell seconded a motion to approve "ZCA-2005-7
Shipping Containers in Residential Zoning Districts" as recommended by staff Motion Carried
Unanimously.
Election of New Vice Chair
Chair Johnson announced that a new Vice Chair needs to be elected since Greg Worthing's resignation
from the Board. Chair Johnson opened nominations. David Malik moved and Steve Dowell seconded a
motion to nominate Dana Ralph to the position of Vice Chair. Motion Carried
Assignment of Representative(s) to Short Plat Meetings
After discussion, subsequent to the meeting, Dana Ralph agreed to cover short plat meetings for August,
September, and October 2005, Steve Dowell agreed to cover November, December and January, and
David Malik agreed to cover February, March and April 2006.
Adiournment
Steve Dowell moved and David Malik seconded a motion to adjourn the meeting. Motion Carried.
Chair Johnson adjourned the meeting at 7.30 p.m.
Charlene Anderson, AICP, Planning Manager
Secretary of the Board
S iPerinitlPianILUP8120051Mmutes1080805min doc
Land Use and Planning Board Hearing
Minutes—August 8,2005
Page 2 of 2
Kent City Council Meeting
Date September 6, 2005
Category Other Business
1. SUBJECT: WEST VALLEY HIGHWAY AT 212TH REZONE — APPROVE
(QUASI-JUDICIAL)
2. SUMMARY STATEMENT: This request by Bob Fadden of Lance Mueller and
Associates, is to rezone 29 3 acres of property from M-1, Industrial Park, to MI-C,
Industrial Park-Commercial The property is located on the northwest corner of West
Valley Highway and South .)]2"' Street The Kent Hearing Examiner held a Public
Hearing on July 20, 2005, and issued Findings, Conclusions, and a Recommendation of
approval on August 3, 2005.
3. EXHIBITS: Staff report with map and Hearing Examiner Findings, Conclusions
and Recommendation
4. RECOMMENDED BY: Hearing 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: i ))
Councilmember l G�l�// /moves, Councilmember (.{/ UW seconds
to accept/reJee44uodify the Findings, Conclusions and Recommendation of the Hearing
Examiner on the West Valley at 212th Rezone and to direct the City Attorney to
prepare the necessary ordinance.
DISCUSSION:
'C
ACTION:
l
Council Agenda
Item No 7B
COMMUNITY DEVELOPMENT
Fred N Satterstrom, Director
PLANNING SERVICES
• Charlene Anderson, AICP, Manager
K E N T Phone 253-856-5454
w>s H I H O,o N 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
July 20, 2005
FILE NO: WEST VALLEY AT 212T" STREET
#RZ-2005-3 KIVA#2050788
APPLICANT' Bob Fadden
Lance Mueller and Associates
130 Lakeside, Suite 250
Seattle, WA 98122
REQUEST: A request to rezone 29 3 acres of property from M1,
Industrial Park to M1-C, Industrial Park/Commercial
STAFF
REPRESENTATIVE Damien Hooper, Planner
STAFF
RECOMMENDATION- APPROVAL
I GENERAL INFORMATION
A Description of the Proposal
The applicant proposes to rezone 29 3 acres from the current zoning of M1
Industrial Park to M1-C Industrial Park Commercial
B. Location
The subject property is located at the Northwest corner of West Valley Highway
and South 212`h Street and is identified by King County Tax Parcel numbers
112204-9089, -9090, -9091, -9092, -9093
C Size of Property
The property consists of 29 3 acres
Staff Report
West Valley at 2121h Rezone
#RZ-2005-3 KIVA#2050788
D. Zoninq
Properties to the north, east, and west are zoned M1, Industrial Park. Properties
to the south across the 212`h Street right-of-way are zoned M1-C
E. Land Use
The subject property once belonged to the Boeing Company and was part of the
Kent Space Center campus In May of 2002, the Boeing Company short platted
this site into nine industrial lots
Capstone Partners, LLC, have since acquired the property and submitted a
proposed development plan to the City for review and approval pending a
favorable outcome on this rezone request This development will include a
Binding Site Plan to create 27 industrial lots, and 330,000 square feet of building
space that will serve as a business park incorporating industrial, and commercial
uses
F. Site History
The property was annexed to the City of Kent on February 28, 1959 under
Ordinance No 1013
II. ENVIRONMENTAL CONSIDERATIONS
A. Environmental Assessment
A Determination of Non-Significance (ENV-2005-18) for the rezone proposal was
issued on June 27, 2005 No mitigation measures for this rezone request were
proposed
B. Significant Physical Features
Topography, Wetlands and Vegetation
The site is generally flat with slopes not exceeding 2%, except near the portion of
the `Boeing Ditch" that runs along the south and east property lines, the banks of
this creek are approximately 30 to 45%
C. Significant Social Features
1. Street System
The site has frontage along South 212`h Street, and is located at
approximately the northwest corner of South 2121h Street and West Valley
Highway.
Page 2 of 6
Staff Report
West Valley at 2121h Rezone
#RZ-2005-3 KIVA#2050788
The subject property is bound by a developer's agreement that was drafted
between the City and the Boeing Company. This agreement has been
recorded and was utilized by Public Works when reviewing this proposal
No mitigating conditions were deemed necessary for the scope of the
proposed development of the site
2. Water System
The site receives domestic water service from the City of Kent
3. Sanitary Sewer System
The site receives sanitary sewer service from the City of Kent.
4. Stormwater System
Upon completion of subsequent development, stormwater from the site
will be conveyed to an existing stormwater pond built as a result of the
property being subdivided by the Boeing Company in 2002
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 U S Post Master
Building Official WA Dept of Ecology
Economic Develop Manager K C Wastewater Treatment
Director of Public Works Washington State DOT
Fire Department King Co Transit Division
Parks & Recreation Director Puget Sound Energy
City Clerk Qwest
City Attorney
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 April 22, 2005 No
comments were received
Page 3 of 6
i
Staff Report
West Valley at 212th Rezone
#RZ-2005-3 KIVA#2050788
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 I, Industrial Specifically the Industrial designation is for
manufacturing and warehouse uses However, office and business park
development is allowed in this area, as are certain types of retail uses which
serve the surrounding manufacturing and office park uses, and bulk retail
Goal LU-18• The Industrial land use designation with the Valley Floor Industrial
Area will be an employment center for both the City of Kent and South King
County
Policy LU-181: Encourage a mix of land uses with are compatible with
manufacturing, industrial, and warehouse uses These shall include office
development t, retail uses which serve the surrounding manufacturing and office
park uses, and retail uses with require large parcels of land that may not be
available in commercial districts.
Policy LU-18 3 Expand retail opportunities to provide necessary personal and
business services for the Valley Floor Industrial Area, by implementing the
recommendations of the West Valley Industrial Study regarding potential areas
for expanded retail opportunities within the M1 and M1-C Industrial Park zoning
districts
Goal LU-19 Utilize development standards to create an attractive employment
center and to mitigate the impacts of manufacturing and warehouse uses,
business and office parks, and bulk retail uses
Page 4 of 6
Staff Report
West Valley at 212`' Rezone
#RZ-2005-3 KIVA#2050788
Planning Services Comment
The goals and policies of the land use element support the proposed rezone The
proposed location is 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
In 1986, the City conducted the West Valley Industrial Study. This study was a
result of the changing nature of uses within the Industrial areas of the City This
study identified areas within the industrial valley that should be open to more
retail uses This site is within one of these identified areas, therefore this rezone
serves to implement the recommendations of the West Valley Industrial Study
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
I, Industrial A rezone of the site from M1 to M1-C is consistent with the Industrial
Designation 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 by Industrial zoning The proposed rezone would
allow for more industrial development, but also some retail elements that will
serve the industrial areas
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
Based on the City's review of limited area/scope traffic studies provided by the
applicant, this development will not unduly burden the existing traffic circulation
system This appears to be based on the numerous routes to and from the
Page 5 of 6
Staff Report
West Valley at 212th Rezone
#RZ-2005-3 KIVA#2050788
Valley Floor that exist today, and the pending completion of the 228th Street
Corridor, which will further alleviate traffic congestion in the Valley
4. Circumstances have changed substantially since the establishment
of the current zoning district to warrant the proposed rezone.
Planning Services Comment
The subject parcel was annexed to the City of Kent in 1959, the current zoning
classification of M1 has been in place since prior to 1980 In the past 25 years
there have been substantial changes to the Kent Valley in terms of development
density, transportation improvement projects In 2001/2002 the City opened the
196th Street corridor project to the north of this site This corridor opened a new
connection between West Valley and East Valley roads, and serves as an
alternative route to the existing 212th Street corridor Currently in the construction
phase, the 228th Street corridor to the south will serve as another direct route to I-
5 from the valley floor
The West Valley Industrial Study is further evidence of a change in
circumstances in the Valley In 1986, this document recognized the occurring
and inevitable change from manufacturing/warehousing emphasis to more
mixed-development, service oriented development This rezone seeks, in part,
to create more opportunities for retail services in the vicinity of this prominent
Intersection.
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 West Valley at 212th
rezone
KENT PLANNING SERVICES
July 12, 2005
DH ch S\Permit\Plan\rezone\2005\2050788stfrpt doc
Page 6 of 6
i
518 40
S 1 BOTH ST.
5
S 196TH ST.
WE
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S 212TH ST.
i
181 Z
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h
APPLICATION NAME: WEST VALLEY @ 212TH
REQUEST: #RZ-2005-3
VICINITY MAP
OFFICE OF THE LAND USE HEARING EXAMINER
Theodore P Hunter
Hearing Examiner
FINDINGS, CONCLUSIONS AND RECOMMENDATION
FILE NO- WEST VALLEY AT 212TH
#RZ-2005-3 KIVA #RPP4-2050788
APPLICANT: Bob Fadden
Lance Mueller and Associates
REQUEST: A request to rezone 29 3 acres of property from
M-1, Industrial Park, to M1-C, Industrial Park-
Commercial.
LOCATION- The northwest corner of West Valley Highway
and South 212th Street.
APPLICATION FILED: March 14, 2005
DETERMINATION OF
INONSIGNIFICANCE ISSUED- June 27, 2005
MEETING DATE: July 20, 2005
RECOMMENDATION ISSUED August 3, 2005
RECOMMENDATION: APPROVE
TESTIMONY: Damien Hooper, City Planning Services
iBob Fadden, for the Applicant
j EXHIBITS 1. Staff report dated with the following
attachments
A. Rezone Application
' B. City Department Routing and Responses
C Public Notice Documents, including
affidavits, mailing list and publication
correspondence
Findings, Conclusions and RECOMMENDATION
Hearing Examiner for the City of Kent
1 West Valley at 212t`' Street
#RZ-2005-3 (2050788)
Page 1 of 6
D. Notice of Application / Completeness
Documents, including affidavits, distribution list
and publication correspondence
E. Mitigated Determination of Nonsignificance.
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 requests a zoning map amendment to rezone 29 3 acres of land
from M1 (industrial Park) to M1-C (Industrial Park - Commercial) The subject
property, located at the northwest corner of West Valley Highway and South
212th Street, is identified by King County Tax Parcel numbers 112204-9089,
112204-9090, 112204-9091 , 112204-9092, and 112204-9093 The property has
frontage along South 2121h Street. Exhibit 1, Staff Report, pages 1-2; Exhibit 1,
Attachment A, Application.
2. The subject property once belonged to the Boeing Company, which short platted
the site into nine industrial lots in 2002 Capstone Partners, LLC, has since
acquired the property and submitted a proposed development plan to the City for
review and approval pending a favorable outcome on this rezone request The
development would include a Binding Site Plan to create twenty-seven industrial
lots and 330,000 square feet of building space that would serve as a business
park Exhibit 1, Staff Report, page 2
3. The subject property was annexed to the City of Kent on February 28, 1959. The
current zoning classification of M1 was put in place before 1980 In the past
twenty-five years, Kent Valley changed in terms of development density and
transportation improvement projects. In 2001-2002, the City opened the 1961h
Street corridor project to the north of the site, which created a new connection
between the West Valley and East Valley roads This corridor also serves as an
alternative route to the existing 2121h Street corridor. The 228th Street corridor,
which is currently under construction, will serve as another direct route to 1-5 from
the valley floor The West Valley Industrial Study, completed in 1986, recognized
a change from manufacturing and warehousing to mixed, service-oriented
development. Exhibit 1, Staff Report, pages 2, 5-6, Testimony of Mr Hooper.
4. Properties to the north, east and west are zoned M1, Industrial Park. Properties
to the south across the 212th Street right-of-way are zoned M1-C Exhibit 1, Staff
Report, page 2.
Findings, Conclusions and RECOMMENDATION
Heanng Examiner for the City of Kent
West Valley at 212th Street
#RZ-2005-3 (2050788)
Page 2 of 6
5. In 2004, the City updated its Comprehensive Plan consistent with the Growth
1 Management Act The Comprehensive Plan Land Use Map designates the
subject property as I, Industrial Although this designation is primarily for
manufacturing and warehouse uses, offices, business parks, and certain types of
i retail uses are also allowed Exhibit 1, Staff Report, page 4.
6. The City of Kent Comprehensive Plan contains the following goals and policies
that are relevant to the rezone application
LAND USE ELEMENT
Goal LU-18• The Industrial land use designation with the Valley Floor Industrial
Area will be an employment center for both the City of Kent and South King
County
Policy LU-181: Encourage a mix of land uses with are compatible with
manufacturing, industrial, and warehouse uses These shall include office
development t, retail uses which serve the surrounding manufacturing and office
park uses, and retail uses with require large parcels of land that may not be
available in commercial districts
Policy LU-18 3• Expand retail opportunities to provide necessary personal and
business services for the Valley Floor Industrial Area, by implementing the
recommendations of the West Valley Industrial Study regarding potential areas
for expanded retail opportunities within the M1 and M1-C Industrial Park zoning
districts
Goal LU-19: Utilize development standards to create an attractive employment
center and to mitigate the impacts of manufacturing and warehouse uses,
business and office parks, and bulk retail uses.
Exhibit 1, Staff Report, page 4, Kent Comprehensive Plan.
7. The property is located near existing urban services and infrastructure In areas
where urban services exist, in-fill development limits sprawl, increases efficiency
I in service provision, and enhances pedestrian mobility The 1986 West Valley
Industrial Study identified the site as an area that should be open to more retail
uses Community Development Planning Services Staff determined that the
proposed rezone would be consistent with the goals and policies of the City's
Comprehensive Plan Exhibit 1, Staff Report, page 5, Testimony of Mr Hooper.
8. The City of Kent issued a Determination of Non-Significance (DNS) for the
rezone proposal on June 27, 2005. The City proposed no mitigation measures.
Exhibit 1, Staff Report, page 2, Exhibit 1, Attachment E, DNS
Findings, Conclusions and RECOMMENDATION
Hearing Examiner for the City of Kent
West Valley at 212"' Street
#RZ-2005-3 (2050788)
Page 3 of 6
i
9. In accordance with City ordinances, notice of the open record hearing was
posted on the site, mailed to persons owning property within 300 feet of the site,
and published in the King County Journal. No public comments were received on
the rezone proposal. Exhibit 1, Staff Report, page 3; Exhibit 1, Attachments C
and D.
10. Mr Fadden provided five illustrations that were reviewed during the hearing but
were not included as exhibits These five drawings are entered into the record
merely as illustrative of what could occur.
1) Sheet T-1 conceptual layout
2) Artistic rendering of proposal
3) Typical retail building
4) Typical industrial building
5) Typical "flex" building
Testimony of Mr. Fadden.
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
1. The proposed rezone is consistent with the Comprehensive Plan;
2. The proposed rezone and subsequent development of the site would be
compatible with development in the vicinity,
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;
Findings, Conclusions and RECOMMENDATION
Hearing Examiner for the City of Kent
West Valley at 212'h Street i
#RZ-2005-3 (2050788) ■
Page 4 of 6
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 of Kent.
Conclusions based on Findings
1. The proposed rezone is consistent with the Comprehensive Plan. The
Comprehensive Plan designates the subject property as I, Industrial. A rezone
from M1 to M1-C is consistent with this Industrial designation The proposed
rezone is also consistent with the applicable goals and policies of the
Comprehensive Plan Findings Nos 5, 6 and 7.
2. The proposed rezone and subsequent development of the site is
compatible with surrounding development. Properties surrounding the
proposed rezone site have zoning designations of M1 and M1-C. All surrounding
properties are industrially zoned The proposed rezone would allow for more
industrial development, as well as some retail to serve the industrial areas.
Findings Nos 3, 4 and 7.
3. The proposed rezone would not unduly burden the transportation system
in the vicinity with significant unmitigated adverse impacts. Numerous
routes to and from the valley floor exist today, and the 228th Street corridor
currently being constructed will add to the transportation options Specific traffic
concerns can be addressed in the context of a project proposal through
mitigation strategies such as impact fees and road improvements Findings Nos.
3 and 7
4. Circumstances have changed substantially since the establishment of the
current zoning district. Since the time of annexation in 1959 and the zoning
designation of M1 before 1980, Kent Valley has seen changes in terms of
development density and transportation improvement projects The West Valley
Industrial Study is further evidence of a change in circumstances in the Valley
1 Moreover, Washington courts have held, in Biarnson v Kitsap County, 78 Wash.
App 840, 846 (1995), that "where the proposed rezone ... implements policies of
the comprehensive plan, changed circumstances are not required " The court
adopted the rationale from the earlier decision Save Our Rural Environment v.
Snohomish County that:
If such implementation were not allowed to occur until physical or
developmental circumstances in the area had changed, the new
comprehensive plan might never be fulfilled- if an area is presently
Findings, Conclusions and RECOMMENDATION
Hearing Examiner for the City of Kent
West Valley at 212"' Street
#RZ-2005-3 (2050788)
Page 5 of 6
undeveloped and newly amended comprehensive plan calls for
industrial development, no industrial development may occur until at
least one rezone has been granted.
Bjarnson, 78 Wash App. at 846 (quoting Save Our Rural Environment v.
Snohomish County, 99 Wash.2d 363, 370 (1983)). Because the City of Kent
criteria for rezone approval require that the rezone be consistent with the
Comprehensive Plan, no analysis of changed circumstances is required.
Findings Nos. 2, 3 and 4; KCC 15.09.050(C)(1).
5. The proposed rezone would not adversely affect the health, safety and
general welfare of the citizens of the City of Kent. There is insufficient
evidence to show that the proposed rezone would adversely affect the health,
safety or general welfare of the citizens of the City of Kent. Moreover, any
subsequent development on the site will be required to meet applicable codes
and regulations. Findings Nos 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 numbers
112204-9089, 112204-9090, 112204-9091, 112204-9092, and 112204-9093 from M1 to
M1-C be APPROVED without conditions
Dated this 3`d day of August 2005.
THEODORE PAUL HUNTER
Hearing Examiner ,
For Request for Reconsideration or Appeal information see Kent City Code Sections
2.32.140 and 2 31 150.
Findings, Conclusions and RECOMMENDATION
Hearing Examiner for the City of Kent
West Valley at 212"' Street
#RZ-2005-3 (2050788)
Page 6 of 6
Kent City Council Meeting
Date September 6, 2005
Category Other Business
1. SUBJECT: DALJIT COVE REZONE —APPROVE
(QUASI-JUDICIAL)
2. SUMMARY STATEMENT: This request by Aleanna Kondelis of Cramer NW, is
to rezone 4.25 acres of property from SR-4 5 to SR-6, Single Family Residential. This
applicant also filed a separate but related request to subdivide the property Only the
rezone is being considered by the Council this evening The property is located at
22604 and 22522 94`" Avenue South. The Kent Hearmg Examiner held a Public
Hearing on July 20, 2005, and issued Findings, Conclusions, and a Recommendation of
approval on August 3, 2005
3. EXHIBITS: Staff report with map and Hearing Examiner Findings, Conclusions &
Recommendation
4. RECOMMENDED BY: Hearing 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 S
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember 0 moves, Councilmember 1A seconds
1 to accept/r&fecttr the Findings, Conclusions and Recommendation of the Hearing
Examiner on the Daljit Rezone and to direct the City Attorney to prepare the necessary
ordinance.
DISCUSSION:
ACTION:
Council Agenda
Item No. 7C
COMMUNITY DEVELOPMENT
Fred N Satterstrom, Director
• PLANNING SERVICES
Charlene Anderson,AICP,Manager
K
W A s n i a G T O N Phone 253-856-5454
Fax 253-856-6454
Address 220 Fourth Avenue S
Kent,WA 98032-5895
KENT PLANNING SERVICES
253-856-5454
STAFF REPORT
FOR HEARING EXAMINER MEETING OF
July 20, 2005 at 10.00 AM
FILE NO: DALJIT COVE
#RZ-2004-5 KIVA#2043005
#SU-2004-2 KIVA#2043004
APPLICANT: Ms Aleanna Kondehs
Cramer NW, Inc
945 North Central Avenue
Kent, WA 98032
REQUEST A request to rezone and subdivide a 4 25 acre site The
applicant is requesting preliminary plat approval to create 20
single family lots based on a zoning change from SR-4.5 to
SR-6
STAFF
REPRESENTATIVE Matt Gilbert, Planner
STAFF
RECOMMENDATION. Rezone. APPROVAL
Subdivision APPROVAL, with conditions
I GENERAL INFORMATION
A. Description of the Proposal
1 The applicant proposes to subdivide three existing parcels totaling approximately 4.25
acres into 20 single family residential lots Four single-family residences and accessory
buildings are currently located on the site Of these buildings, only the single family
home located in the northwest comer of the site will be retained While no
environmentally sensitive lands have been identified on the site, off-site utility
improvements will result in disturbance of the Garrison Creek ravine area A new
public roadway is proposed to serve this subdivision Approval of the proposed
subdivision will result in 17 new building lots, as well as one tract for stormwater
Staff Report
Daljit Cove Rezone and Subdivision
#RZ-2004-5 KIVA#RPP4-2043005
#SU-2004-2 KIVA#RPP3-2043004
detention The subdivision proposal also includes private easements for driveways and a
public storm-drainage easement
In conjunction with the request for preliminary subdivision approval, the applicant
proposes to rezone the site from the current zoning of SR-4 5, Single Family Residential
to SR-6, Single Family Residential The proposed subdivision has been configured to
meet the standards of the SR-6 zoning district
B. Location
The subject site is located at 22604 and 22522 94`h Avenue South
C. Size of Property
The subject site consists of three parcels totaling approximately 4 25 acres Parcels
include APNs: 182205-9221, 182205-9076 and 182205-9235
D Zoning
The three parcels are currently zoned SR-4 5, Single Family Residential.
Properties to the north, south and east are zoned SR-4 5 Properties to the west, across
94th Avenue South are zoned SR-2
E. Land Use
The City of Kent Comprehensive Land Use Map designates the site as SF-6 Single
Family Residential, 6 Units per acre Surrounding properties within a minimum radius
of 500 feet are also designated as SF-6 Existing development in the vicinity of the site
consists of generally low to medium density single family residential uses
Of the four existing single family homes, only one will be retained on-site. This home is
currently located in the northwest portion or the site and will be relocated to proposed
lot 20.
The subject site is located immediately west of the 20-acre Rosemary Glen subdivision, ,
a lower density, single family development Other surrounding properties are generally
described as large homes on large lots, with potential for further subdivision
F. History i
The subject property was annexed to the City of Kent on February 8, 1995 as part of the
118 acre Beck annexation (Ordinance No 3210) The zoning designation of R 1-9 6
(equivalent to today's SR-4 5) was established shortly thereafter
A tentative subdivision meeting was held on February 24, 2004 where City staff and the
applicant discussed likely conditions of approval associated with this project
Page 2 of 21
Staff Report
Daljit Cove Rezone and Subdivision
#RZ-2004-5 KIVA#RPP4-2043005
#SU-2004-2 KIVA#RPP3-2043004
jII. ENVIRONMENTAL CONSIDERATIONS
A. Environmental Assessment
The applicant's SEPA application requested both non-project (rezone) and project-
specific (subdivision) analysis. A Mitigated Determination of Nonsignificance
(#ENV-2004-55) for the non-project rezone as well as a project-specific 20 lot
subdivision was issued on June 15, 2005 No conditions were proposed for the rezone
portion of the SEPA application
The proposed project portion of the checklist contemplates a 20-lot subdivision.
Environmental impacts associated with the proposed subdivision development have
been analyzed and conditioned in the above referenced determination The project
specific proposal is dependent upon the outcome of the rezone application.
B Significant Physical Features
Topography. Wetlands and Vegetation
The project site is generally flat with maximum slopes of 15% No wetlands, streams or
associated buffers are located on the subject site
Deciduous and evergreen trees have been identified on the subject site and area scattered
around the site in a manner that will likely require some tree removal to allow for future
roadway and home development The applicant will submit a survey of significant on-
site trees and, as part of civil construction plan review, be required to submit and receive
approval of a detailed tree plan that shows trees to be retained
IC. Significant Social Features
1 Street System
The proposed development project is located within the East Hill area of the
City and will take its primary access from 94`h Avenue South This public street
has an existing right-of-way width of about 60-feet, while the asphalt street
width is currently about 20 to 22-feet wide The existing street provides for two
narrow lanes of traffic and none of the following other improvements cement
concrete curbs & gutters, stormwater drainage system, cement concrete
sidewalks, or 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
941" Avenue South is classified as a Residential Collector Arterial Street upon
the City's Comprehensive Plan, which will require a minimum of 60-feet of
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public right-of-way, a 36-foot wide asphalt roadway with three traffic lanes,
vertical cement concrete curbs & gutters, a 5-foot wide planter strip, and 5-foot
wide cement 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
This development is within an area that is characterized by streets with narrow
traffic lanes and narrow or no shoulders, and has been identified as having
substandard pedestrian facilities This development will require off-site
sidewalks / walkways to provide safe travel for school-age pedestrians to and
from the closest school bus stop for Park Orchard Elementary School
As stated in the SEPA decision document, this development will cause
significant and/or additional congestion at the intersections of 94`h Avenue
South and South 228`h Street, 96`h Avenue South and South 228`h Street, 96`h
Avenue South and South 232"d Street, 96`h Avenue South and South 240`h
Street
2 Water Svstem
The site is located within the City of Kent water service area An 8-inch water
main is currently located under 941h Avenue South Street and is available to
serve the site
3 Sanitary Sewer System
The site is located within the City of Kent sanitary sewer service area The
applicant has proposed to connect to the existing system at a point located
approximately 200 feet north of the site Construction of this system will
require off-site easements from adjoining property owners
4. Stormwater System
A stormwater system will be necessary to accommodate any subsequent
development The developer will be required to complete a drainage analysis
then 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
III CONSULTED DEPARTMENTS AND AGENCIES
The following departments and agencies were advised of these applications
Economic Development Manager Police Department
Public Works Department Fire Department
Parks & Recreation Director City Clerk
City Attorney Kent School District
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US Post Master WA State Dept of Ecology
K C Wastewater Treatment Puget Sound Energy
King Co Environmental Health Qwest
King Co. Transit Division Building Official
In addition to the above, all persons owning property located within 300 feet of the site were
notified of the application and of the public hearing No public comments were received
regarding this proposal
Comments received from the above listed agencies and departments have been incorporated in
the staff report where applicable
IV. PLANNING SERVICES REVIEW
A Comprehensive Plan
The City of Kent has adopted a revised Comprehensive Plan pursuant to the Growth
Management Act (Ordinance #3698 — July 2004) The goals and policies of the
Comprehensive Plan represent an expression of community intentions and aspirations
concerning the future of Kent and the area within the potential annexation area The
Comprehensive Plan is used by the Mayor, City Council, Land Use and Planning Board,
Hearing Examiner and City departments to guide decision-making relative to
development and capital facility spending
The City of Kent Comprehensive Plan is comprised of eleven elements which contain
written goals and policies as well as a land use map The proposed subdivision and
rezone supports several goals and policies in the Land Use element, most notably goals
LU-1 and LU-8, and policies LU I 1 and LU 8 1 The proposed plat 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, in-fill development provides a more efficient means of
providing services and enhancing pedestrian mobility The net density of approximately
5.3 dwelling units per acre for the proposed Daljit Cove preliminary plat provides an
acceptable level of net density to support urban services 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 convening single family lands to
multifamily residential Development of single family subdivisions on underdeveloped,
single family zoned land is consistent with this objective
The proposed rezoning of the property from SR4.5 to SR-6 is also consistent with the
Comprehensive Plan map designation of SF-6
B Standards For Granting A Subdivision
The purpose of the City of Kent Subdivision Code is to provide rules, regulations,
requirements, standards and procedures for subdividing land in the City of Kent,
ensuring that the highest feasible quality in subdivisions will be attained, that the public
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health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and
protected, that orderly growth, development, and the conservation, protection and proper
use of land shall be promoted, that proper provisions for all public facilities, including
connectivity, circulation, utilities, and services shall be made, that maximum advantage
of site characteristics shall be taken into consideration, and that the process shall be in
conformance with provisions set forth in the City of Kent Zoning Code and Kent
Comprehensive Plan (KCC 12 04 015)
The procedures regulating subdivisions are established to ensure quality development
which promotes orderly and efficient growth, the conservation and proper use of land;
protects the public health, safety, general welfare, and aesthetics of the city, makes
adequate provisions for public facilities in conformance with provisions set forth in
KCC Title 15, Zoning, and the Kent Comprehensive Plan, and complies with the
provisions of this chapter and Chapter 58 17 RCW(KCC 12 04 600)
No subdivision shall be approved unless the following principles of acceptability are
met, the subdivision shall
I Create legal building sites which comply with all provisions of KCC Title 15,
Zoning, and health regulations,
2. Establish access to a public road for each segregated parcel;
3. Have suitable physical characteristics, a proposed plat may be denied because of
flood, inundation or wetland conditions, slope, soil stability and/or capabilities,
or the construction of protective improvements may be required as a condition
of approval,
4. If adjacent to another municipality or King County, take into consideration the
subdivision standards of that jurisdiction as well as the requirements of this
chapter,
5. Make adequate provision for stormwater detention, drainageways, water
supplies, sanitary wastes, and other public utilities and services, as deemed
necessary,
6 Make adequate provision for the connectivity of streets, alleys, pedestrian `
accessways and other public ways (KCC 12 04 635)
As evidenced by the General Information in Section 1. and the following responses to
the criteria for approving subdivisions, the proposal is in general conformance with the
Kent Subdivision Code
Furthermore, Section 12 04 685 of the Kent Subdivision Code indicates that a
subdivision shall not be approved unless the City finds that
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1. Appropriate provisions have been made for
a. The public health, safety and general welfare of the community,
The proposed plat is consistent with the Comprehensive Plan
designation of SF-6 The proposed density and lot dimensions are
consistent with the SR-6 zoning district, as proposed through this
application
b. Protection of environmentally sensitive lands and habitat,
An environmental checklist was submitted and reviewed by the City
which identified environmental impacts associated with this rezone and
subdivision proposal No environmentally sensitive lands or habitats
were identified on the site.
C. Open spaces,
Provisions for open space will be made through payment of a fee in lieu
of dedication of on-site open space as discussed in section d below
d. Community parks and recreation;
The Parks Department has commented that the proposed subdivision
does impact existing park facilities No open space is shown on the site
plan for this project The owner/applicant will be required to pay a fee
in lieu of dedication of land pursuant to KCC 12 04 780 This fee is
based on the value of the subject land at the time of application for
preliminary subdivision approval. As this application was submitted
I and deemed complete in February 2005, land values from that date have
been used to determine that a fee of approximately $26,025 will be
required in lieu of dedication of open-space within the proposed plat
(based on the values piovided by the King County Department of
Assessments) Funds collected in lieu of an on site dedication of open
space will be used for improvements at Garrison Creek Park, located
approximately '/o mile northeast of the site.
e. Neighborhood tot lots and play areas;
Provisions for these areas will be accomplished by the fee paid under
section d above
f. Schools and school grounds,
The subject property lies within the Kent School District Pursuant to
KCC 12 13 160, a school impact fee (currently assessed at $4,056 per
single family residence) will be assessed in association with the
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subdivision of land The impact fee will be assessed and collected for
each individual lot at the time of construction permit issuance and will
be based upon the adopted impact fee at that time
g. Dramageways;
Each individual residence will be required to provide on-site infiltration
as well as an overflow connection to an approved conveyance system
It Stormwater Detention,
The City of Kent Public Works Department has reviewed the
incremental increase in impervious area and determined the proposed
stormwater system to be adequate.
i. Connectivity of sidewalks, pedestrian pathways, traffic calming features
and devices, and other planning features that assure safe walking
conditions within and between subdivisions for residents and students
who walk to and from schools, parks, transit stops and other
neighborhood services,
Sidewalks will be required along both sides of the proposed public
street and along the portion of the site with frontage along 94"' Avenue
South Additionally, the applicant will be required to contribute to a
fund for construction of an off-site asphalt walkway to serve the nearest
bus stop serving Park Orchard Elementary School
j. Connectivity of streets or roads, alleys, pedestrian accessways, and
other public ways within and between subdivisions and neighborhoods,
Surrounding residential development makes a northward connection of `
the public street system the only feasible connectivity route for this site
The applicant has incorporated this feature into the proposal by
terminating the internal roadway along the northern property line in
order to accommodate a future connection
The City has reviewed tentative plans for short-subdivision of the
northern adjacent property, known as Brandon Estates (ref TSP 2003-
22) Future development of this northern adjacent property appears to
support a connection to the northern terminus of the roadway as
configured through the Daljit Cove proposal
k. Transit stops,
Mass transit service is provided at this site by King County METRO
The Lincoln Street Park and Ride transit facility is located in the Kent
Valley approximately 1 5 miles west of the subject site
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1 Potable water supplies,
I All homes within the proposed plat will be connected to water service
provided by the City of Kent
in. Sanitary wastes,
All homes within the proposed plat will be connected to sanitary sewer
service provided by the City of Kent
n Other public utilities and services, as deemed necessary:
Power and natural gas lines will be installed during plat construction
Garbage service will be established by the individual residents
2. The city has considered all other relevant facts; and determined that the
proposed plat will be in conformance with all of the criteria listed
above
3. The public use and interest will be served by the platting of such
subdivision and dedication.
4. The City has considered the physical characteristics of the proposed
subdivision site and may deny a proposed plat because of flood,
inundation, or wetland conditions, slope, or soil stability and/or
capabilities Construction of protective improvements may be required
as a condition of approval, and such improvements shall be noted on the
final plat
' C. ZONING CODE
1. Feasibility of Development
If the proposed rezone from SR-4 5 to SR-6, Single Family Residential is
approved, development on all lots in the proposed subdivision will be subject to
Zoning Code requirements in the SR-6, Single Family Residential zoning
district All proposed lots within the subdivision area meet the minimum lot size
and width requirements for the SR-6, Single Family Residential district The
applicant has indicated that the existing home to be located on proposed lot 20
will be retained This home will be in conformance with the residential
development standards of KCC 15 04 170.
Numerous significant trees are located on the site Zoning regulations
encourage the retention of significant trees where roads, utilities, and site
improvements are not proposed Tree retention plans will be required for the
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plat and development of each lot where trees are located (per KCC Section
15 08 240)
2. 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
a. 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 6 05 units per acre, which
is also allowed under the Comprehensive Plan As previously discussed, the
proposed rezone is also consistent with the applicable goals and policies of the
Comprehensive Plan
b. 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 single family residential development of
the site would be compatible and integrate well with the existing development in
the vicinity Development in the immediate vicinity is a mix of platted
subdivisions and unplatted parcels developed with single family homes and
zoned SR-4 5, and SR-2, Single Family Residential The subject property is
adjacent to the 34-lot plat of Rosemary Glen, which is a lower density
subdivision Several of the residential properties in the immediate vicinity east
of 94`h Avenue South are zoned SR-4 5 and have potential for future
subdivision Further, this subdivision proposes to create 20 residential lots at a
net density of 5 3 units per acre This density of residential development is
sufficient to support existing local urban services
C. The proposed rezone will not unduly burden the transportation system
in the vicinity of the property with sign cant 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, subsequent
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development of a proposed 20-lot subdivision will add a net 17 PM peak hour
trips to the local street system As detailed in section V of this report, road and
street frontage improvements to meet the City of Kent roadway standards are
recommended as conditions of approval These improvements include curb,
gutter, sidewalks, planting strips, street lighting, paving, and public stormwater
conveyance The applicant will be also be required to participate in other City
transportation improvement projects by providing an environmental mitigation
fee for the impacts created by development
d. Circumstances have changed substantially since the establishment of
the current zoning district to warrant the proposed rezone
Planning Services Comment
The subject parcels were annexed to the City of Kent on February 28, 1995 as
part of the 218 acre Beck annexation (Ord 3210) and are developed with a total
of four single family residences
In 2004 the City of Kent updated its 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 This proposal, which seeks to
establish 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 1995, zoning for the area was set at R 1-9 6 (equivalent to
' the current SR-4 5 designation), which represented a reduction of the allowable
density of 6 units per acre associated with the previous King County zoning of
R-6 At the time, the 218-acre annexation area was generally characterized by
single family homes on lots in the 1 to 5 acre range Records of deliberations
associated with the initial establishment of the R 1-9 6 zoning indicate that local
residents were concerned with preservation of the existing neighborhood
character and potential traffic impacts, primarily along 94`h Avenue SE, that
would likely arise with further development of the area The reduced density
associated with the initial City of Kent zoning was established to address these
concerns Since that time, single family development at varying densities, has
taken place within the vicinity of the subject site, making the proposed Level of
development more compatible
e The proposed rezone will not adversely affect the health, safety and
general welfare of the citizens of the City of Kent
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Planning Services Comment
The proposed rezone is consistent with the vision of the Comprehensive Plan.
Subsequent development on the site will have to meet applicable codes and
regulations, including mitigation of anticipated environmental impacts
Therefore, the rezone proposal will not adversely affect the health, safety and
general welfare of the citizens of the City of Kent
D CONSISTENCY ANALYSIS
The proposed rezone and subdivision are consistent with the goals and policies of the
City of Kent Comprehensive Plan
1. Type of Land Use Allowed
The development of single family home sites is a principally permitted use on
land zoned SR-6, Single Family Residential
2. Level of Development Allowed
The proposed subdivision of approximately 4 25 acres into 20 building sites is
consistent with the designated Comprehensive Plan designation of SF-6 Single
Family/6 units per acre and with the zoning designation of SR-6 (pending the
outcome of RZ-2004-5)
3 Adequacy of Infrastructure
The proposed subdivision will place increased demands on existing
transportation, water and sanitary sewer systems in the general vicinity The
project will also result in a significant net increase of impervious surface area
among the three parcels involved When fully developed, the impact of 17 new
homes being occupied will result in an estimated 170 daily and 17 new PM peak
hour trips to the local street system
The effects on the domestic water supply, sanitary sewer service, stormwater
run-off, conveyance, storage, treatment and discharge and transportation
impacts have been analyzed through the SEPA process and the associated
MDNS
4 Characteristics of the Proposed Subdivision
The proposed subdivision, as presented, appears to be in general conformance
with the Kent City Code with respect to the required minimum lot area,
minimum lot width and access to a public right of way
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E. PROPOSED FINDINGS
Planning Services has reviewed these applications in relation to the Comprehensive
Plan, zoning, land use, street system, flood control problems and comments from other
departments and finds that
1 The Kent Comprehensive Plan Land Use Map designates this site SF-6, Single
Family Residential, 6 units per acre maximum density
2. The site is currently zoned, SR-4 5, Single Family Residential If RZ-2004-5 is
approved, this site will be zoned SR-6, Single Family Residential Under the
SR-6 zoning, the site will be subject to the development standards which include
5,700 square foot minimum lot size and 50 foot minimum lot width.
3 Land uses in the vicinity are varying density single family residential
4. A Tentative Plat meeting was held for the proposed subdivision on February 24,
2004 (#TSU-2004-2)
5. A Mitigated Determination of Nonsignificance was issued for the plat on June
15, 2005 (#ENV-2004-55)
6 There are significant trees of six inch or greater caliper located on the property.
7 The site has access to 94`n Avenue South
8. The subject property would receive water service from the City of Kent
9 The subject property would receive sewer service from the City of Kent.
V CITY STAFF RECOMMENDATIONS
1. ZONING MAP AMENDMENT(#RZ-2004-5)
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 Daljit Cove rezone
2 PRELIMINARY SUBDIVISION(#SU-2004-2)
1 Based on the merits of this request and the code criteria for granting a preliminary
subdivision, staff recommends APPROVAL of the proposed Dallit Cove preliminary
plat subject to the following conditions
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A PRIOR TO RECORDING THIS SUBDIVISION•
1. The Owner / Subdivider shall pay all Charges in Lieu of Assessments
and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction
Conference and/or prior to recording this plat, whichever comes first.
2. The Owner/ Subdivider shall provide Public Works with a digital plat
map prepared with a CAD program. The digital information can be
formatted in either * DWG (AutoCad) or * DXF (Drawing Exchange
File), but must be based upon State Plane coordinates an assumed
coordinate system is not permitted The State Plane Coordinates shall be
on the NAD 83/91 datum and relate to at least two City of Kent
reference points within one half mile of the subdivision In addition, the
project shall be tied into at least two City of Kent NAD 88 vertical
benchmarks and two additional permanent benchmarks shall be
established within the project The elevations of these benchmarks will
be reported at the time as-built drawings are submitted along with field
notes sufficient to verify their accuracy.
3 The Owner / Subdivider shall submit and receive City approval of
engineering drawings from the Department of Public Works, and shall
then either construct or bond for the following
a A public gravity sanitary sewer system to serve all lots
The public sanitary sewer system shall be extended from the
existing public sanitary sewer system and shall be sized to serve
all off-site properties within the same service area, in addition,
the sanitary sewer system shall be extended across the entire
subdivision as needed to serve adjacent properties within the
same service area, unless otherwise determined by the sanitary
sewer purveyor
Off-site public sanitary sewer easements will be required across
adjacent and nearby private properties in order to connect to the
nearest public sanitary sewer system The Owner / Subdivider
must acquire and record the off-site public sanitary sewer
easements prior to recording the final plat
The septic system serving the existing homes within the
proposed subdivision - if any - shall be abandoned in
accordance with King County Health Department Regulations
b. A public water system meeting domestic and fire flow
requirements for all lots
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The public water system shall be sized and extended across the
entire subdivision as needed to serve all adjacent and off-site
properties within the same service area, unless otherwise
determined by the water purveyor.
Existing wells — if any - shall be abandoned in accordance with
the requirements of the Department of Ecology
C. A stormwater system The Engineering Plans must meet the minimum
requirements of the City of Kent Construction Standards and 2002 City
of Kent Surface Water Design Manual (KSWDM) Initial guidance for
the Engineering Plans is given below (See Chapter 2 of KSWDM for
detailed submittal requirements)•
(1) The Engineering Plans will include at a minimum Site
improvement plans which include all plans, details, notes and
specifications necessary to construct road, drainage, and other
related improvements The engineering plans shall include a
technical information report (TIR) which contains all the
technical information and analysis to develop the site
improvement plans.
(2) An erosion and sedimentation control (ESC) plan shall be
included with the engineering plans The ESC shall meet the
requirements of the City of Kent Construction Standards, and
the 2002 City of Kent Surface Water Design Manual These
plans must reflect the Detailed Grading Plan discussed below,
and the Planning Department approved Detailed Tree Plan
(3) The retention / detention and release standard that will be met
by the subdivision is Level Two The water quality menu that
will be met by the subdivision is the Resource Stream
Protection Menu Due to the amount of maintenance required
on leaf compost filters, those facilities shall not be allowed to be
a part of this publicly maintained water quality facility
' (4) The site improvement plans and technical information report
will contain drainage calculations and a drawing of the retention
/ detention pond tract at an appropriate engineering scale to
show that the proposed on-site or off-site retention / detention
tract is large enough to contain the required minimum
stormwatcr storage volume and water quality facility The site
improvement plans will also show that all required stormwater
management facilities will be outside of delineated wetlands
and their buffers, as well as outside of creeks and rivers and
their buffers.
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(5) A downstream analysis is required for this development, and it
will include an analysis for capacity, erosion potential, and
water quality Refer to the requirements of Technical
Information Reports in Section 3: "Offsite Analysis", of the
2002 City of Kent Surface Water Design Manual for the
specific information required for downstream analyses The
downstream storm drainage conveyance system shall be
piped to the base of the slope of the Garrison Creek ravine.
The pipe shall be laid on the surface to avoid disturbing the
steep slopes of the ravine and shall include energy
dissipation at the discharge point.
6) As development occurs within this subdivision, roof
downspouts for each roofed structure (house, garage, carport,
etc.) shall be directed to Roof Downspout Controls per Chapter
5 1 of the 1998 King County Surface Water Design Manual
(7) The Owner / Subdivider shall provide public drainage
easements meeting the requirements of the City of Kent
Construction Standards for the specified downstream reach
where adequate public drainage easements do not currently
exist Off-site public storm drainage easements will be required
across adjacent and nearby private properties in order to
construct the required outfall pipe to Garrison Creek
The Owner / Subdivider must acquire and record all
necessary off-site public storm drainage easements prior to
recording the final plat.
(8) The Owner / Subdivider shall submit Landscape Plans for
within and surrounding the retention / detention facility to the
Planning Department and to the Department of Public Works
for concurrent review and approval prior to, or in conjunction
with, the approval of the Engineering Plans These Landscape
Plans shall meet the minimum requirements of the City of Kent
Construction Standards, and the stormwater management
landscaping requirements contained within the 1998 King
County Surface Water Design Manual Landscape Plans are
required to show adjacent Street Trees so that the City arborist
can assess potential adverse stress upon all types of vegetation
(9) The Owner / Subdivider shall execute Declaration of
Stormwater Facility Maintenance Covenants for the private
portions of the drainage system prepared by the Property
Management Section of the Department of Public Works See
Reference 8-F, Declaration of Stormwater Facility Maintenance
Covenant, to the 2002 City of Kent Surface Water Design
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Manual for information on what is contained within this
document
d. A Detailed Grading Plan for the entire subdivision meeting the
requirements of the Uniform Building Code, the City of Kent
Construction Standards, and City of Kent Development Assistance
Brochure #1-3, Excavation and Grading Permits & Grading Plans.
Initial guidance for these plans is given below
(1) These plans will include provisions for utilities, roadways,
retention / detention ponds, stormwater treatment facilities, and
a building footpad for each lot
(2) These plans shall be designed to eliminate the need for
processing several individual Grading Permits upon application
for Building Permits.
' C. Interim Street Improvement Plans for 94"' Avenue Southeast along the
entire property frontage thereon These Interim Street Improvement
Plans shall meet the requirements of the City of Kent Construction
Standards and City of Kent Development Assistance Brochures #6-2,
Private and Public Street Improvements, and #6-8, Street Improvement
Plans, for a street designated as a Residential Collector Arterial Street
by the City of Kent Master Plan of Roadways Initial guidance for the
necessary interim street improvements is given below.
(1) Combined vertical concrete curbs & gutters, a 5-foot wide
planter strip, and a 5-foot cement concrete sidewalk along the
east side of the street and the west side of the subdivision
(2) A minimum of 18-feet of Hot Mix Asphalt (HMA) pavement as
measured from the approved centerline of the street to the face
of curb on the east side of the street, plus at least 12-feet of
HMA pavement as measured from the approved roadway
centerline to the edge of the traveled lane on the west side of the
street.
(3) A City-approved shoulder on the west side of the street
(4) A City-approved street lighting system.
(5) Public stormwater conveyance, detention and treatment
Ifacilities as applicable.
(6) Street Trees installed within the 5-foot wide planting strips
constructed between the back of curb and the front of the
cement concrete sidewalk These Street Trees shall be located
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as approved by the Public Works Department, and the species
shall be selected from the Approved Street Tree List contained
within City of Kent Development Assistance Brochure #14, City
of Kent Street Trees
f. Interim Street Improvement Plans for the new public Residential Street
connected to 94`h Avenue South and extending to the east The Street
Improvement Plans for this street shall be designed in conformance with
the requirements for a Residential Street as required by City of Kent
Construction Standards, and City of Kent Development Assistance
Brochures #6-2, Private and Public Street Improvements and City of
Kent Development Assistance Brochure # 6-8, Street Improvement
Plans for a street 28-feet wide Initial guidance for these street
improvements is given below.
(1) Combined vertical curbs & gutters, a 5-foot wide planting strip
constructed between the back of curb and the front of the
sidewalk, and then 5-foot wide cement concrete sidewalks
along both sides of the street, except that the planter strip is not
required along public street cul-de-sac bulbs
(2) A mimmum of 28-feet of asphalt pavement, measured from the
face of curb to face of curb
(3) A street lighting system designed to the City's standards,
constructed and maintained by the IntoLight Division of Puget
Sound Energy, all electrical and maintenance bills shall be paid
for by a Home Owner's Association.
(4) A public stormwater drainage system, including provisions for ,
collection, conveyance, detention, and treatment facilities
(5) Curb return radii of 20-feet at the intersection of this new
subdivision street and 94`h Avenue South, and for any other
intersections, and a 45-foot radius to the face of curb for the
required cul-de-sac at the east end of this street NOTE the
intersection design where this new Residential Street changes
from a west-to-east alignment to a south-to-north alignment -
received September 3, 2004 - is not acceptable as submitted
(6) Street Trees installed within the 5-foot wide planting strip
These Street Trees shall be located as approved by the Public
Works Department, and the species shall be selected from the
Approved Street Tree List contained within Cite of Kent
Development Assistance Brochure #14, City of Kent Street
Trees.
Page 18 of 21
Staff Report
Dalpt Cove Rezone and Subdivision
#RZ-2004-5 KIVA#RPP4-2043005
#SU-2004-2 KIVA#RPP3-2043004
g. Street Improvement Plans for any new Private Residential Streets
connected to the new east to west Residential Street and terminating
with an approved turnaround as determined necessary by the Fire
I Department. The Street Improvement Plans for this street shall be
designed in conformance to the requirements for a Private Residential
Street as required by City of Kent Construction Standards, and City of
Kent Development Assistance Brochure #6-2, Private and Public Street
Improvements and City of Kent Development Assistance Brochure # 6-
8, Street Improvement Plans for a street at least 20-feet wide Initial
guidance for these street improvements is given below-
(1) A minimum of 20-feet of asphalt concrete pavement, measured
from edge of pavement to edge of pavement
(2) A 5-foot wide paved walkway constructed along one side of the
street for all private streets serving more than four lots
l (4) An approved turnaround at its terminus, unless these additional
street improvements are not required by the City Fire Marshal.
(5) A private stormwater drainage system, including provisions for
conveyance, detention, and treatment facilities where
applicable
(6) Unless additional asphalt concrete pavement width is provided
for parking, all minimum width private streets serving more
than two lots shall have pavement markings and traffic signs
installed which clearly designate these private streets as Fire
Lanes, where no parking will be permitted
(7) The private street, including sidewalk(s) must be centered
within a private roadway tract or easement that is at least 1-foot
wider than the total width of the private street and sidewalk
combination.
h. Street Light Plans for 94`n Avenue South and the new west to east
Residential Street meeting the requirements of the City of Kent
Construction Standards, and City of Kent Development Assistance
Brochure #6-1, Street Lighting Requirements.
4. The Owner / Subdivider shall create a Homeowner's Association for this
subdivision to ensure that the property owners within this subdivision are
advised of their requirement to pay for the provided street lighting system
Those sections of the required document written to govern that association as
they relate to any IntoLight Division of Puget Sound Energy street lighting
systems, shall be reviewed and approved by the Department of Public Works,
prior to the recording these documents
Page 19 of 21
Staff Report
Daljit Cove Rezone and Subdivision
#RZ-2004-5 KIVA#RPP4-2043005 '
#SU-2004-2 KIVA#RPP3-2043004
5. The face of the final plat will clearly identify all private streets, and which '
parcels will be served by those private streets The face of the final plat will also
specify that the maintenance of all private streets is the sole responsibility of the
property owners who are served by those private streets.
6 Direct vehicular access to and from lots having frontage along 94`h Avenue
South is prohibited, and the face of the final plat will carry the following
restriction
DIRECT VEHICULAR ACCESS TO AND FROM LOTS 1 AND 19 WHICH
HAVE FRONTAGE ALONG 94Tn AVENUE SOUTH IS PROHIBITTED
7. The Owner / Subdivider shall deed all public rights-of-way, and otherwise
convey all private and public easements necessary for the construction and
maintenance of the required improvements for this subdivision development
8 The Owner / Subdivider shall submit and receive approval of a Detailed Tree 1
Plan, meeting the requirements of the Kent Zoning Code, and City of Kent
Development Assistance Brochure #3, Detailed Tree Plans, prior to the issuance
of any Construction Permits for the subdivision Grading Plans cannot be
approved by the Department of Public Works without an approved Detailed
Tree Plan Detailed Tree Plans are not to be confused with required Street Tree
Plans, which have an entirely different purpose
9 Prior to release of any construction bonds, and prior to the approval of any
Building Permits within the subject subdivision, the Department of Public
Works must receive and approve As-Built Drawings meeting the requirements
of the City of Kent Construction Standards, and City of Kent Development
Assistance Brochure #E-1, AY-Build Drawings, for Streets, Street Lighting
System, Water, Sewer, Stormwater Drainage Facilities, and all off-site
improvements where the locations and/or elevations are deemed critical by the
Department of Public Works
10. The owner/subdivider shall construct or bond for mailbox clusters per the
standards and at locations approved by the Public Works Department and the
Kent U.S Postmaster
11. The owner/subdivider shall submit applications to the City of Kent for review
and approval to remove or otherwise relocate all buildings on the site other than
the one single family residence proposed to be retained
B PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS
SUBDIVISION. THE OWNER/ SUBDIVIDER SHALL
1. Record the Plat
Page 20 of 21
Staff Report
Da1Jit Cove Rezone and Subdivision
#RZ-2004-5 KIVA#RPP4-2043005
#SU-2004-2 KIVA#RPP3-2043004
1 2 Pay the Environmental Mitigation Fee for that lot.
3 Construct all of the improvements required above
1 4. Submit and receive City approval for As-Built Drawings meeting the
requirements of City of Kent Development Assistance Brochure #E-1, As-Budd
Drawings, for street improvements, stormwater management system, street
lighting system, and other off-site improvements where determined necessary
by the City
KENT PLANNING SERVICES
July 12,2005
MG ch S \Permit\Plan\rezone\2004\2043005-2004-5staffrpt doe
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Page 21 of 21
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APPLICATION NAME: DALJIT COVE
REQUEST: #RZ-2004-5 AND #SU-2004-2
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APPLICATION NAME: DALJIT COVE
REQUEST: #RZ-2004-5 AND #SU-2004-2
VICINITY MAP ,
OFFICE OF THE LAND USE HEARING EXAMINER
Theodore P Hunter
Hearing Examiner
FINDINGS, CONCLUSIONS, AND RECOMMENDATION
FILE NO- DALJIT
I #RZ-2004-5 KIVA # 2043005
APPLICANT Aleanna Kondelis
Cramer NW Inc
REQUEST: A request to rezone 4 25 acres of property from SR-
4 5, Single Family Residential to SR-6, Single Family
Residential The rezone is requested in conjunction
with an application to subdivide the property into
twenty single-family lots
' LOCATION 22604 and 22522 —94`h Avenue South
' APPLICATION FILED: December 3, 2004
DETERMINATION OF
NONSIGNIFICANCE ISSUED: June 15, 2005
MEETING DATE July 20, 2005
RECOMMENDATION ISSUED August 3, 2005
RECOMMENDATION: APPROVE
STAFF REPRESENTATIVE- Matt Gilbert, Planning Services
Mike Gillespie, Public Works
' PUBLIC TESTIMONY: Aleanna Kondelis, for the Applicant
Louise Kato
' EXHIBITS- 1. Staff report dated with the following attachments-
A Rezone Application
B. City Department Routing and Responses
C Public Notice Documents, including affidavits,
mailing list and publication correspondence
Findings, Conclusions and Findings
Heanng Examiner for the City of Kent
' Dal/it Cove
#RZ-2004-5 (RPP4-2043005)
Page 1 of 7
D Notice of Application / Completeness Documents, including affidavits,
distribution list and publication correspondence ,
E Mitigated Determination of Non-Significance
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 requests a zoning map amendment to rezone approximately 4.25
acres of land 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, located at 22604 and 22522 —
94th Avenue South, is comprised of three parcels identified as King County Tax
Parcel numbers 182205-9221, 182205-9076, and 182205-9235 Exhibit 1, Staff
Report, pages 1-2; Exhibit 1, Attachment A, Application.
2. The request for rezone was submitted in conjunction with an application for
preliminary plat approval to subdivide the subject property into twenty lots for
future single-family residential development. The two applications underwent
concurrent environmental review The procedure established in the Kent City
Code for rezone approval requires the Hearing Examiner to make a
recommendation for or against the rezone to the Kent City Council, which body
makes the final zoning map amendment decision The decision on the
preliminary plat application will be addressed in a separate decision conditioned
on City Council approval of the rezone. Exhibit 1, Staff Report, page 1; Exhibit 1,
Attachment A, Application; Kent City Code (KCC) 15 09 050; KCC 12.04 635
3. The project site is relatively flat and vegetated with scattered deciduous and
evergreen trees. No wetlands, streams, or associated buffers have been
identified on-site Exhibit 1, Staff Report, page 3.
4 The subject property was annexed to the City of Kent on February 28, 1995 by
Ordinance No. 3210. Soon after annexation, the site was given a zoning
designation of R 1-9.6, which is equivalent to the current SR-4 5 At the time of
annexation, development around the site was characterized by single-family
homes on one- to five-acre lots Since that time, single-family development at
higher densities has occurred in the area Exhibit 1, Staff Report, pages 2, 11
5. Surrounding properties to the north, south, and east are zoned SR-4 5, Single j
Family Residential, and are generally developed with large homes on large lots.
i
Findings, Conclusions and Recommendation
Hearing Examiner for the City of Kent
Dalpt Cove
#SU-2004-5(2043005)
Page 2 of 7
1 The twenty-acre Rosemary Glen subdivision is located across 94th Avenue South
to the west, with a zoning designation of SR-2 Exhibit 1, Staff Report, page 2
6. In 2004, the City updated its Comprehensive Plan to reflect the projected need
for additional housing over a twenty-year time horizon, consistent with the
L Growth Management Act The Comprehensive Plan Land Use Map designates
the subject property and all surrounding properties within 500 feet as Single-
Family, Six Units Per Acre (SF-6).' Exhibit 1, Staff Report, pages 2, 11,
ITestimony of Mr Gilbert
7. The City of Kent Comprehensive Plan contains the following goals and policies
that are relevant to the rezone application.
L 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 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
Exhibit 1, Staff Report, page 5, Kent Comprehensive Plan
8. The subject is located near existing urban services and infrastructure. In areas
' where urban services exist, in-fill development limits sprawl, increases efficiency
in service provision, and promotes pedestrian mobility. The proposed net density
of the site after development would be 5 3 units per acre, which would be
i
Please note that the Comprehensive Plan designation has an "SF" prefix, whereas the Zoning Code
' designation has an "SR" prefix
Findings, Conclusions and Recommendation
Hearing Examiner for the City of Kent
Dalpt Cove
#SU-2004-5 (2043005)
Page 3 of 7
lo consistent with the efficient provision of urban services. Community
Development Planning Services Staff determined that the proposed rezone
would be consistent with the goals and policies of the City's Comprehensive ,
Plan Exhibit 1, Staff Report, page 5; Testimony of Mr. Gilbert.
9. The site is located in the East Hill area and would take primary access from 94th
Avenue South, which is classified as a Residential Collector Arterial Street by the
City's Comprehensive Plan The existing roadway on 94th Avenue South is not
fully developed to current City road standards The area is characterized by
streets with narrow traffic lanes and limited shoulders and has been identified as
having substandard pedestrian facilities It is anticipated that the traffic
generated by the proposed subdivision on the site would increase or cause
congestion at several nearby intersections Exhibit 1, Staff Report, page 4;
Testimony of Mr. Gilbert. Conditions of MDNS approval imposed for the
subdivision would reduce traffic impacts from future development of the site to a
point of non-significance. Exhibit 1, Attachment E, MDNS
10. The subject property is within the City of Kent water service area. Water service
could be extended to the site from an existing eight-inch main located under 94th
Avenue South. City of Kent sewer service would also be available to serve future
development on the subject property. A sewer connection could be made at a
junction located approximately 200 feet north of the site. Off-site easements
would be necessary to obtain service. A complete drainage analysis and '
construction of a stormwater system would be required prior to any future
development of the site. Exhibit 1, Staff Report, page 4; Testimony of Mr.
Gilbert
11. The City of Kent acted as lead agency for review of environmental impacts
caused by both the non-project rezone and requested subdivision approval for
the subject property The City issued a Mitigated Determination of Non-
Significance (MDNS) for both applications on June 15, 2005, however, the
MDNS contains no conditions applicable to the rezone. Exhibit 1, Staff Report, ,
page 3, Exhibit 1, Attachment E, MDNS.
12. Notice of the open record hearing was posted on the property, mailed to
properties within 300 feet of the site, and published in the King County Journal in
accordance with City ordinances. No public comments were received on the
rezone proposal. Exhibit 1, Staff Report, page 5, Exhibit 1, Attachments C and
D
Findings, Conclusions and Recommendation
Heanng Examiner for the City of Kent
Dalpt Cove
#SU-2004-5 (2043005)
Page 4 of 7
1
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CONCLUSIONS
rJurisdiction
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.
1. The proposed rezone is consistent with the Comprehensive Plan;
2. The proposed rezone and subsequent development of the site would be
compatible with development in the vicinity,
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;
4. Circumstances have changed substantially since the establishment of the
current zoning district to warrant the proposed rezone; and
r 5 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. The goals
and policies of the Comprehensive Plan support in-fill development and
increased density, which may occur if the rezone is approved Findings Nos 6,
7, and 8.
2. The proposed rezone and subsequent development of the site is
compatible with surrounding development. Properties surrounding the
proposed rezone site have zoning designations of SR-4 5 or SR-2 All
Findings Conclusions and Recommendation
Hearing Examiner for the City of Kent
Da�it Cove
#SU-2004-5(2043005)
Page 5 of 7
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surrounding properties are residentially zoned, and all development in the vicinity
is single-family residential development Findings Nos 4, 5, and 8.
3. The proposed rezone would not unduly burden the transportation system '
in the vicinity with significant unmitigated adverse impacts. The proposed
residential density of 5.03 units per acre sought through the rezone request
would be only slightly higher than the density permitted under the current SR 4.5
designation. Any additional traffic impacts related to the slightly higher density
would be mitigated by traffic mitigation required for subdivision approval. i
Findings Nos. 8 and 9
4. Circumstances have changed substantially since the establishment of the ,
current zoning district. Since the time of annexation in 1995, there has been
an increase in the variety of housing density in the vicinity of the site Moreover,
Washington courts have held, in Bjarnson v. Kltsap County, 78 Wash App 840,
846 (1995), that "where the proposed rezone . implements policies of the
comprehensive plan, changed circumstances are not required." The court '
adopted the rationale from the earlier decision Save Our Rural Environment v.
Snohomish County that
If such implementation were not allowed to occur until physical or '
developmental circumstances in the area had changed, the new
comprehensive plan might never be fulfilled if an area is presently
undeveloped and newly amended comprehensive plan calls for
industrial development, no industrial development may occur until al
least one rezone has been granted.
Bjarnson, 78 Wash App. at 846 (quoting Save Our Rural Environment v.
Snohomish County, 99 Wash 2d 363, 370 (1983)) Because the City of Kent
criteria for rezone approval require that the rezone be consistent with the
Comprehensive Plan, no analysis of changed circumstances is required.
Findings Nos. 4 and 5, KCC 15 09.050(C)(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 i
only a slightly higher density of residential development Regardless of the
zoning designation, development of the property would be required to comply
with zoning, environmental, and all applicable regulations that protect health, '
safety, and welfare of Kent residents Findings Nos 8, 9, 10 and 11.
Findings, Conclusions and Recommendation
Hearing Examiner for the City of Kent
Da0it Cove
#SU-2004-5 (2043005)
Page 6 of 7
RECOMMENDATION
Based upon the preceding Findings and Conclusions, the Hearing Examiner
recommends that the application for a rezone of King County Tax Parcel numbers
182205-9221, 182205-9076, and 182205-9235 from SR-4 5 to SR-6 be APPROVED
DECIDED this 3`d day of August 2005
ITheodore Paul Hunter
For Request for Reconsideration or Appeal information see Kent City Code Section
2.32.140 and 2 31.150
ch S 1Permit\Planlrezone1200412043005-2004-5fndings doc
' Findings, Conclusions and Recommendation
' Hearing Examiner for the City of Kent
Dal/it Cove
#SU-2004-5(2043005)
Page 7 of 7
Kent City Council Meeting
Date September 6, 2005
Category Other Business
1. SUBJECT: 2006 ANNUAL BUDGET— SET HEARING DATE
2. SUMMARY STATEMENT: Staff recommends setting September 20, 2005, as the
date for the first public hearing on the 2006 annual budget.
3. EXHIBITS: None
4. RECOMMENDED BY: Finance Direct
(Committee, Staff, Examiner, Commiss' n, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? /A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION
Councilmember moves, Councilmember PzkoM seconds
' to set September 20, 2005, as the date for the first public hearing on the 2006 Annual
Budget.
' DISCUSSION.
ACTION: —M
' Council Agenda
Item No. 7D
' Kent City Council Meeting
Date September 6, 2005
Category Other Business
1. SUBJECT: 2006-2011 CAPITAL IMPROVEMENT PLAN— SET HEARING
DATE
' 2. SUMMARY STATEMENT: Staff recommends setting September 20, 2005, as the
date for the first public hearing on the 2006-2011 Capital Improvement Plan.
I
1
' 3. EXHIBITS: None
4. RECOMMENDED BY: Finance Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
' Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes o
' If no
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember J moves, Councilmember W ftl/UL,, seconds
to set September 20, 2005, as the date for the first public hearing on the 2006-2011
Capital Improvement Plan.
DISCUSSION:
ACTION: l�
Council Agenda
' Item No. 7E
REPORTS FROM STANDING COMMITTEES AND STAFF
iA. COUNCIL PRESIDENT
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B. OPERATIONS COMMITTEE
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C. PUBLIC SAFETY COMMITTEEc;�
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D PUBLIC WORKS
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E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
4-Ykc O 9--1 q 0 4 �Dn
F. PARKS AND HUMAN SERVICES COMMITTEE
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G ADMINISTRATIVE REPORTS
0
►D a up-7&,n
REPORTS FROM SPECIAL COMMITTEES
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1 KENT
W,N1-e.e. OPERATIONS COMMITTEE MINUTES
JULY 1%2005
Committee Members Present: Chair Tim Clark, Julie Peterson and Bruce White
The meeting was called to order by Tim Clark, Chair at 4:02 p.m.
1. APPROVAL OF MINUTES DATED JULY 5,2005
Julie Peterson moved to approve the minutes of the July 59 2005, Operation Committee
meeting. Bruce White seconded the motion, which passed 3-0, with Julie Peterson's
concurrence.
2. APPROVAL OF VOUCHERS DATED JULY 15,2005
Finance Manager Bob Nachlinger presented the vouchers for July 15,2005, for approval.
1 Bruce White moved to approve the vouchers dated July 15, 2005. Julie Peterson
seconded the motion,which passed 3-0,with Julie Peterson's concurrence.
3. MID-YEAR BUDGET ADJUSTMENT ORDINANCE
Finance Director Bob Nachlinger presented the Mid-year Budget Adjustment Ordinance. Mr.
Nachlinger stated the City is seeking authorization to approve the technical gross budget
adjustment ordinance totaling $20,087,991 for budget adjustments made between January 1,
I 2005 and June 30, 2005. The net amount, excluding transfers and internal service charges, is
$13,984,460. Mr. Nachlinger advised that $18,536,599 was previously approved by Council.
These were primarily for projects. Of the net amount of $1,551,392, not yet approved by
' Council, $564,305 is to expedite various Park projects, $200,000 has been established as a
operating project budget for the Critical Areas Ordinance defense, and $22,782 was an increase
in the Medical Fund expenditures for a full-time Benefits Analyst for Employee Services. The
' remaining$764,305, is the result of transfers to the various projects.
Julie Peterson moved to recommend Council approve the consolidating budget
adjustment ordinance for adjustments made between January 1,2005, and June 30, 2005,
totaling $20,087,991. Bruce White seconded the motion, which passed 3-0, with Julie
Peterson's concurrence.
Operations Committee Minutes
July 19, 2005
Page. 2
4. CAPITAL PROJECTS REIMBURSEMENT RESOLUTION
Finance Director Bob Nachlinger presented the Capital Projects Reimbursement Resolution.
Mr Nachlinger stated that Administration plans to begin construction on the Service Club Ball ,
Fields with an anticipated unfunded cost of$2.2 million and will also be in the planning stages
of the Town Square Plaza with a undetermined budget. Since the funding for both of these
projects is anticipated to be a Limited Tax General Obligation Bond issue, Mr. Nachlinger ,
advised that it would be in the best interests of the City to only incur the issuance costs for a
single bond issue instead of two. This resolution will allow, under the IRS guidelines,the City
to advance the funds for the Service Club Ball Fields project and reimburse ourselves from the
ultimate proceeds of the bond issue. There are sufficient unspent funds in our capital projects
accounts in projects authorized and funded but not under construction for this advance of funds
to occur. John Hodgson, Parks and Community Services Director answered questions of the
Committee. Mr.Nachlinger further advised that there is no immediate budget impact from this
action and ultimately the City will incur the annual debt service from the issuance of the debt
for both of the projects.
Bruce White moved to recommend that the Operations Committee authorize the
Reimbursement Resolution and forward the item to the City Council agenda of August 2,
2005. Julie Peterson seconded the motion, which passed 3-0, with Julie Peterson's
concurrence.
5. LODGING TAX ADVISORY BOARD MEMBERS ,
Economic Development Manager Nathan Torgelson presented the Lodging Tax Advisory
Board Members Appointments and a brief description of the Board and its duties. Mr.
TorgeIson advised that the City of Kent Lodging Tax Advisory Board has recommended that
Jacquie Alexander and Denise Gray be appointed to additional three-year terms on the
Board. Ms. Alexander is Executive Director of the Kent Downtown Partnership and Ms.
Gray is General Manager of the Marriott Town Place Suites in Kent. Mr. Torgelson further
stated that there are no budget impacts from this action. '
Julie Peterson moved to recommend approval of Jacquie Alexander and Denise Gray for
additional three year terms on the City's Lodging Tax Advisory Board. Bruce White '
seconded the motion,which passed 3-0,with Julie Peterson's concurrence.
The meeting was adjourned at 422 p.m.
Renee Cameron
Operations Committee Secretary
2
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PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
JUNE 20,2005
Committee Members: Chair Tim Clark,Ron Harmon, Bruce White
The meeting was called to order by Chair Clark at 4.00 P.M.
Approval of Minutes
Member Harmon MOVED and Member White SECONDED to approve the minutes of
May 16,2005. Motion PASSED 3-0.
Kin¢County Benchmark Reports
Community Development Director Fred Satterstrom explained that King County has historically
1 tracked growth trends known as benchmarking and described how Kent has progressed towards
those growth management goals. Mr. Satterstrom introduced Chandler Felt, King County's
Head Demographer stating that he was instrumental in allocating appropriate household and
employment targets ten years ago for King County cities.
Mr. Felt stated that the objectives of the benchmarking program are to evaluate the progress of
the county and each of it's Jurisdictions and to monitor the success of the Countywide Planning
Policies (established in 1992) adjusting those policies and the comprehensive plans of King
County and of those jurisdictions as necessary. He stated that the first benchmark report was
published in 1996 with annual reports generated since. Mr. Felt stated that the Growth
Management Planning Council (GMPC) is comprised of 13 elected officials from many cities
and the county who review the benchmark program.
' Mr. Felt stated that the benchmark report is comprised of five topics or bulletins defined as
Economic Development, Environment,Housing Affordability, Land Use, and Transportation and
consists of 45 indicators divided between the five categories. Mr Felt stated that City
Jurisdictions, State, Federal and private sector agencies provide data for King County to compile,
analyze and prepare the reports. He stated that the benchmark report indicators provide the
county and cities with a tool to monitor and look at ways to improve quality of life within these
jurisdictions.
Mr. Felt spoke about issues concerning transit-oriented development, urban centers, air quality,
affordable housing, tracking of owner occupied multifamily, home ownership rates, rental
vacancy rates and affordability. Mr. Felt stated that he believes the benchmark report does not
have specific indicators to track owner occupied condominium housing even though
' condominiums are an important component of affordable owner occupied housing. He
concurred with Chair Clark that a distinction needs to be made in the bench mark reports
between condominium ownership and conventional single family housing as condominium
' housing is an important component of both ownership and affordability. Mr. Felt stated that he
would take this issue under advisement.
Buildable Lands Program 2004
j Community Development Director Fred Satterstrom introduced Michael Hubner, Buildable
Lands Program Manager with Suburban Cities Association (SCA). He stated that the Buildable
Lands Program is a statute which requires each city going through the Growth Management Act
to track buildable land capacity and to meet 20 year household and Job targets. Mr. Satterstrom
stated that Kent has not had a problem meeting their annual or long term growth targets
Michael Hubner stated that SCA has taken a leadership rote on the Buildable Lands Program
effectively managing that effort in King County and all of the cities therein. He illustrated the
county-wide findings of the first buildable lands report published in 2002. Mr. Hubner referred
to statistics relating to development and land within the city limits of Kent.
Mr. Hubner stated that after the initial urban growth areas (UGA) were established, there was '
interest in ensuring that those areas were balanced in size; as there were concerns that urban
sprawl could continue and that land and housing price inflation could occur Mr. Hubner stated
that as a result of these concerns, the State Legislature amended the Growth Management Act to
1997 requiring a review and evaluation program in the six most organized counties in the state.
Mr_ Hubner stated that this program must question if development has occurred consistent with
planning assumptions and targets, if urban densities are being achieved in the urban growth areas
sufficiently to accommodate population and job growth. He stated that these questions apply to
the urban growth area as a whole and to each individual jurisdiction as well. ,
Mr. Hubner stated that the major activities of the Buildable Lands Program are to collect data on
an annual basis on development activity: housing construction, platting and nonresidential
permitting then conduct a land supply inventory every five years with the first one done in 2001. '
Mr. Hubner stated that the Buildable Lands Program looks at vacant or redevelopable parcels of
land, incorporates data derived from King County's constraints on any future developments
(such as critical areas and nghts-of-way), estimates the development capacity of the land and
integrates information from annual development activity reviews, specifically the density of
development that has occurred . He stated that growth targets adopted under the Countywide ,
Planning policies are taken into account and then answers the evaluation question of "Are
development capacities sufficient to accommodate the targets?"
Mr. Hubner stated that the SCA looks at the 2012 and 2022 growth targets for households and
jobs. If there is not sufficient development capacity each jurisdiction would need to adopt
reasonable measures under the statute to correct that situation to provide sufficient capacity. He
stated that Kent has exceeded its household target through 2003 explaining why multifamily
housing production has fallen off significantly since 2000 and why single family densities have
increased since 2003. Mr. Hubner described the relationship between Kent's 22 year growth
targets and Kent's capacity for 6,814 dwelling units and 14,448 jobs.
Mr. Hubner addressed questions raised by Chair Clark concerning housing and employment
capacity targets citing potential Job capacity statistics for industrial, commercial, multifamily and
single family zones. Mr. Hubner stated that as of January 2001 Kent shows 732 net acres of
developable vacant land and approximately 1200 acres of re-developable land accounting for ,
critical areas and their buffers. Mr. Hubner defined an urban center in response to Chair Clark
and responded to questions raised by the Committee pertaining to development rights.
Adjournment
Chair Clark adjourned the meeting at 5:00 p.m.
Pamela Mottram,
Admin Secretary,Planning Services
S 1PermiIPIa TlammngCommittee1200SI tfimtes1061005mindoc
P&EDC Meeting Minutes—6/20/05
Page 2 of 2
CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
SPECIAL MEETING Held at 4:00 PM
June 23, 2005
COMMITTEE MEMBERS: Debbie Raplee,Les Thomas,Deborah Ranniger,Chair
• The meeting was called to order by Chair Deborah Ranniger at 4.08 PM.
+ Les Thomas's absence was excused and Ron Hannon attended in his absence.
1. Approval of Minutes
Debbie Raplee moved to approve the minutes of the May 19,2005 meeting.
The motion was seconded by Ron Harmon and passed 3-0.
2. State of Washington Military Department grant—ACCEPT and AUTHORIZE
Fire Battalion Chief Pat Pawlak explained the proposed use of the funds.
Ron Harmon moved to recommend placing this item on the Consent Calendar of the
July 5,2005 Council Meeting,accepting the grant monies in the amount of$66.731 and
authorizing the Mayor to sign the contract with the State of Washington Military
' Department,Emergency Management Division to receive the funds.
The motion was seconded by Debbie Raplee and passed 3-0.
3. Renewal of Kidde Fire Trainer lease agreement-AUTHORIZE
Fire Battalion Chief Pat Pawlak reviewed the agreement.
Debbie Raplee moved to recommend placing the renewal of the facility lease agreement
with Kidde Fire Trainers on the Consent Calendar of July 5,2005 Council Meeting and
' authorize the Mayor to sign.
The motion was seconded by Ron Harmon and passed 3-0.
4. Surplus three(3)decommissioned aid units-AUTHORIZE
Fire Battalion Chief Pat Pawlak explained the surplus process
Ron Harmon moved to recommend placing on the Consent Calendar of the July 5,7005
1 Council Meeting the surplusing of three(3)decommissioned aid units.
The motion was seconded by Les Thomas and passed 3-0.
5. King County FY04 Citizens Corps grant-ACCEPT
1 Police Captain Mike Painter explained the proposed use of the funds.
Debbie Raplee moved to recommend the Council accept the King County FY04 Citizen
Corps grant in the amount of S23,800,place this on the Consent Calendar for the July 5,
1 2005 Council Meeting,authorize the Mayor to sign an agreement similar to the one
attached,subject to approval of the Law Department,and to establish a budget.
The motion was seconded by Ron Harmon and passed 3-0.
' 6. Traffic Safety School proposal-APPROVE
Police Captain Mike Painter introduced Drinking Driver Task Force Coordinator Nancy
Mathews. The purpose of the proposal was reviewed.
' Ron Harmon moved to recommend the Council approve the Traffic Safety School
proposal and place this on the Consent Calendar for the July 5,2005 Council Meeting,
and to establish the budget.
The motion was seconded by Debbie Raplee and passed 3-0.
7. Fireworks in Kent—Update
Fire Marshal Jon Napier spoke about last year's fireworks emphasis and distributed copies of
a Washington State Patrol,Office of the State Fire Marshal media kit and announced that
media event will be held at the Kent Fire Department Training Center on June 27,2005 at
10-00 AM. Police Captain Jim Miller reviewed the combined emphasis plan between Fire
and Police which will begin on June 30'h and run through July 5th at 3 AM Ron Harmon
thanked the Committee for their hard work.
i
The meeting adjourned at 4:�3�2pPM.
ut-J�-
Teri Petrole
Administrative Assistant
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Public Safety Committee Minutes 2
June 23.2005
1
PUBLIC WORKS COMMITTEE MINUTES
August 1, 2005
COMMITTEE MEMBERS PRESENT: Committee Chair Bruce White and
Committee Members Ron Hannon. The meeting was called to order at 5:06 P.M.
Approval of Minutes Dated July 18,2005
Committee Member Ron Harmon moved to approve the minutes of July 19,2005.
The motion was seconded by Bruce White with Debbie Rapplee's concurrence and
I passed
3-0.
Geo-Engineers Contract for Boler Road Gradine Project
Lary Blanchard,Public Works Director,explained that this contract will provide the City
of Kent construction inspection and testing assistance for LID: S. 228 h Street Corridor
Bolger Road Grading. It will be necessary to provide the expertise of a geotechnical
engineer to evaluate the progress and installation of a retaining wall and to monitor the
compaction of fill material. Part of this work could be handled in-house except that this
year's work load has forced us to contract out part of our inspection services.
Ron Harmon moved to recommend authorizing the Mayor to sign the contract with
Geo-Engineers in an amount not to exceed$49,306.73 to provide the City of Kent
inspection and testing assistance for the South 228m Street Corridor Bolger Road
Grading project upon concurrence of the language therein by the City Attorney and
Public Works Director. The motion was seconded by Bruce White with Debbie
Rapplee's concurrence and passed 3-0.
Tompson Smitch Consulting Group Contract for the King Conservation District
Grant
Mike Mactutis,Environmental Engineering Manager,discussed that the contract will
provide the City,on behalf of the Watershed Resource Inventory Area 9 (WRIA 9),
support to finalize the Ecosystem Restoration Project(ERP)Feasibility Report by the
Federal Office of Management and Budget(OMB)as well as to secure the FY06 Energy
and Water appropriate request.
' Ron Harmon moved to recommend authorizing the Mayor to sign the contract,
upon concurrence of the language therein by the City Attorney and Public Works
Director,with Thompson Smitch Consulting Group for$70,000 to provide the City
of Kent assistance in moving the Feasibility Study of the Green/Duwamish
Ecosystem Restoration Project out of the Federal Office of Management and Budget
and to secure the FY06 Energy and Water appropriation request. The motion was
seconded by Bruce White with Debbie Rapplee's concurrence and passed 3-0.
Chinook Salmon Conservation Plan Resolution
Mike Mactuds,Environmental Engineering Manager, discussed Watershed Resource
Inventory 8 (WRIA 8)Forum has recently completed the Chinook Habitat Plan and
forwarded it to agencies for ratification via resolution. The WRIA 8 plan encompasses
the entire Lake Washington and ship canal watershed including all of its tributanes as
well as Puget Sound nearshore areas from the ship canal north to Mukilteo. The intent of
the plan is to provide recommendations for actions to restore and protect salmon habitat
as well as an approach to implementing these actions over the next ten years. The City of
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Kent's Clark Springs watershed is included in WRIA 8 and the city has been involved in
funding the plan as well as its development.
Ron Harmon moved to recommend to City Council passage of a resolution ratifying, '
with conditions,the Watershed Inventory Area(WRIA)8 Chinook Salmon
Conservation Plan. The motion was seconded by Bruce White with Debbie
Rapplee's concurrence and passed 3-0.
WSDOT Commute Trip Reduction Implementation Agreement
Steve Mullen,Transportation Engineering Manager discussed pursuant to RCW
70 94.544,we are in receipt of the WSDOT Commute Trip Reduction Implementation
Agreement in the amount of$58,567 for 2005-2006,to be amended per WSOT
Allocation Methodology for 2006-2007. The funds will be used to fund 1 FTE to provide
enforcement of KCC 6.12,technical assistance to affected employers, and conduct
outreach activities towards employees.
Ron Harmon moved to recommend authorizing the Mayor to sign the Washington
State Department of Transportation Commute Trip Reduction Implementation
Agreement for 2005-07,in the amount of$58,567 for 2005-2006 with the allocation
to be amended in 2006-2007, upon concurrence of the City Attorney for the
language therein, directing staff to accept the agreement and establishing a budget
for the funds to be spent within said project. The motion was seconded by Bruce
White with Debbie Rapplee's concurrence and passed 3-0.
Transit Service Agreement with King Counri '
Cathy Mooney, Sr. Transportation Planner discussed the Interlocal Agreement between
the City and King County Metro authorizing King County to continue operating this
popular shuttle bus for a third year. This is the first year that the costs of operation will
be charged to this Federal ITS Grant(The Kent Intracity Transit Grant),
Ron Harmon moved to recommend authorizing the Mayor to sign an Interlocal
Agreement with King County for operation of the Route 918 (Commuter Shuttle)
for the period February 13,2006 through February 9, 2007. The motion was
seconded by Bruce White with Debbie Rapplee's concurrence and passed 3-0. ,
Sound Transit Project List
Cathy Mooney, Sr.Transportation Planner discussed the current Sound Transit Project
List for information purposes only. ,
The meeting adjourned at 5:54 P.M. ,
Beth Peterson
Administrative Secretary I
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