HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/19/2006 •
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AGENDA
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City of Kent
• City Council Meeting
Agenda
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September 19, 2006
• Mayor Suzette Cooke
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• Deborah Ranniger, Council President
• Councilmembers
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• Tim Clark Debbie Raplee
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Ron Harmon Les Thomas
• Bob O'Brien Elizabeth Watson
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• KENT
• WASHINGTON
City Clerk's Office
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• KENT CITY COUNCIL AGENDAS
KEN T September 19. 2006
WASHINGTON Council Chambers
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• MAYOR Suzette Cooke COUNCILMEMBERS: Deborah Ranniger, President
Tim Clark Ron Harmon Bob O'Brien
Debbie Raplee Les Thomas Elizabeth Watson
• COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
L Residential Design/Subdivision Fred Satterstrom 60 min
Standards Update
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.
a 4. PUBLIC COMMUNICATIONS
• A. Public Recognition
B. Community Events
C. King County Sexual Assault Resource Center Representative Mary Eckfeldt
D. King County Councilmember Julia Patterson and Paul Wickenden, Kent County
Council, United mgdom ajv�
1Aj
5. PUBLIC HEARINGS
A 2007 Annual Budget, First Public Hearing
B. 2007-2012 Capital Improvement Plan, First Public Hearing
• 6. CONSENT CALENDAR
A Minutes of Previous Meeting—Approve
B Payment of Bills — None
• C. Middle Green River Coalition, Letter of Support—Adopt
D Bill of Sale, Sun Preet Sangh Short Plat—Accept
(Continued)
COUNCIL MEETING AGENDA CONTINUED
7. OTHER BUSINESS
A. Ghag Rezone (QUASI-JUDICIAL)
B Kent Event Center Budget Request
C. k Creek Bridge and Kent-Kangley Road Vehicle Weight Restrictions,
• C!Or)mance—Adopt
8. BIDS
• None
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL
COMMITTEES
• 10 CONTINUED COMMUNICATIONS
11. EXECUTIVE QSIr AND'AFTER ECUTIVSESSION��
A. Property Negotiations
B. Pending Litigation
12. ADJOURNMENT
• NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the
Kent Library. The Agenda Summary page and complete packet are on the City of Kent
web site at www ci.kent.wa.us
• An explanation of the agenda format is given on the back of this page
Any person requiring a disability accommodation should contact the City Clerk's Office in advance
at (253) 856-5725 For TDD relay sere ice call the Washington Telecommunications Relay Service
at 1-800-833-6388.
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• CHANGES TO THE AGENDA
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Citizens wishing to address the Council will, at this time, make known the subject of
• interest, so all may be property heard.
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PUBLIC COMMUNICATIONS
A) PUBLIC RECOGNITION
B) COMMUNITY EVENTS
• C) KING COUNTY SEXUAL ASSAULT RESOURCE CENTER
REPRESENTATIVE MARV ECKFELDT
D) KING COUNTY COUNCILMEMBER JULIA PATTERSON AND PAUL
WICKENDEN, KENT COUNTY COUNCIL, UNITED KINGDOM
Kent City Council Meeting
. Date September 19, 2006
• Category Public Hearings
1, SUBJECT: 2007 ANNUAL BUDGET, FIRST PUBLIC HEARING
2, SUMMARY STATEMENT: This is the first public hearing on the 2007 budget.
Input is welcome as the City begins to prepare for its 2007 budget
3. EXHIBITS: None
4. RECOMMENDED BY: Finance Director
(Committee, Staff, Examiner, Commission, etc.)
• 5. FISCAL IMPACT
Expenditure's N/A Revenue? N/A
Currently in the Budget? Yes No
If no:
Unbudgeted Expense- Fund Amount $
Unbudgeted Revenue: Fund Amount $
• 6. CITY COUNCIL ACTION:
Councilmember moves, Counctlmember seconds
to close the public hearing.
DISCUSSION:
• ACTION:
Council Agenda
Item No 5A
• Kent City Council Meeting
Date September 19, 2006
Category Public Hearings
1. SUBJECT: 2007-2012 CAPITAL IMPROVEMENT PLAN, FIRST PUBLIC
HEARING
• 2. SUMMARY STATEMENT: This date has been set for the first public hearing on
the 2007-2012 Capital Improvement Plan. Public input is welcome.
• 3. EXHIBITS: None
4. RECOMMENDED BY: Finance Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure`s N/A Revenue? N/A
Currently in the Budget? Yes No
. If no.
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
• Councilmember moves, Councilmember seconds
to close the public hearing.
DISCUSSION:
ACTION:
Council Agenda
w Item No. 5B
CONSENT CALENDAR
• 6. City Council Action:
Councilmember i moves, Councilmember
seconds to approve Consent Calendar Items A through D.
�vO
Discussion
Action ► "
6A. Approval of Minutes.
Approval or the minutes of the regular Council meeting of September 5, 2006, Council
. meeting and approval of a correction to the minutes of August 15, 2006 as follows
PUBLIC HEARING ITEM C
Commercial Motor Vehicles in Residential Districts, Zoning Code Amendment.
Correct the date in the last paragraph from September 19 to September 5.
6B. Approval of Bills.
Numbers were not available for approval.
Council Agenda
Item No. 6 A-B
• Kent City Council Meeting
K E N T September 5, 2006
WASMI N GTON
• A regular meeting of the Kent City Council was called to order at 7.00 p m. by Mayor Cooke.
Councilmembers present Clark, Harmon, O'Brien, Ranniger, Raplee, Thomas and Watson.
(CFN-198)
CHANGES TO AGENDA
A. From Council, Administration, or Staff. (CFN-198) No changes to the agenda were made
by the staff
• B. From the Public. (CFN-198) Upon a question from Kathryn Sheldon regarding whether the
commercial vehicles parked in neighborhoods would be allowed to store hazardous materials,
Community Development Director Satterstrom emphasized that there are strict regulations about
storage of such materials in residential areas.
• PUBLIC COMMUNICATIONS
A. Swearing In of Police Chief. (CFN-122) The City Clerk administered the Oath of Office to
Police Chief Steve Strachan Mayor Cooke read the Canon of Ethics and presented him with his
. badge. Chief Strachan expressed his pride and gratitude in becoming a member of the Kent
team
B Public Recoenition. (CFN-198) Becky Hanks of the Kent School District thanked the City
staff who assisted in delivering school supplies and helping out in other ways as the new school
year began
C. Community Events. (CFN-198) Mayor Cooke announced the Spotlight Series Kick-Off
events and the Kent Historical Society Dinner and Auction.
D. Employee of the Month. (CFN-147) Mayor Cooke announced that Barbara Haney of the
Finance Department has been chosen as Employee of the :Month Finance Director Nachlmger
outlined some of Ms Haney's attributes and accomplishments, and she was awarded the
• Employee of the Month plaque.
• E. Neighborhood Program Presentation. (CFN-1304) Michelle Witham, Neighborhood
Program Manager, outlined the Neighborhood Program, including the background, strategies,
boundaries, funding, marketing and outreach aspects.
F. Sister City Honors and Awards Presentation. (CFN-155) Joanne Schaut, International
Sister Cities Program Coordinator, and Tony Anderson, President of the Pierce/Tacoma Sister
City Commission, presented awards of various types to citizens who have worked diligently on
the Sister City Program It was noted that the Sister Cities International Conference will be held
. at the Senior Center in Kent on September 23rd
G. Introduction of Appointee. (CFN-122) Mayor Cooke introduced Gina Beretta, her
appointee to the Drinking Driver Task Force Beretta explained that her interest, background and
• experience is in traffic safety.
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Kent City Council Minutes September 5, 2006
PUBLIC HEARINGS
A LID 359 — 116`h Avenue SE Street and Utility Improvements, Kent-Kangley Road to SE
256ih, Formation. (CFN-1300) This date has been set to take public testimony regarding
formation of Local Improvement District 359, which provides for the issuance and sale of LID •
warrants and orders construction of various improvements related to the widening of 116`h
Avenue SE between Kent Kangley Road and SE 2561h Street, on the condition that a portion of
the cost is funded through special assessments derived from the LID •
Design Engineering Manager LaPorte outlined the project and funding The following citizens •
spoke in favor of formation of the LID, citing the need for improvements, the improved health
benefits, and potential uses.
George Allen Basmajian, 10903 Valley Avenue East, Puyallup •
Julius C Vitale, 10512 226`h Avenue E., Buckley
Jim Akehurst, 38036 43`d Avenue S., Auburn
Michael Favors, 26026 1161h Avenue SE, Kent
Karnail Johal, 17818 NE 116`h Street, Redmond
Don Iverson, 26031 116`h Avenue, Kent
Kulwant Sandu, 26041 116`h Avenue SE, Kent
Mike Duma, 26016 1161h Avenue SE, Kent
Mary Favors. 26026 l 16`h Avenue SE, Kent
Speakers opposed to formation of the LID, due to the cost and the fact that one of the properties
will not be benefited, were-
David Konen, 11704 Kent-Kangley Road, Kent
Jim McCloskey, 26034 1161h Avenue SE, Kent
Dudley Myers, 25906 116`h Avenue SE, Kent
Tom Sharp, P. O Box 918, Maple Valley
Mike Hams, 6703 S 2341h#203, Kent
Russell Everly, speaking for Norma Yonce, 11624 SE Kent-Kangley
There were no further comments from the audience and HARMON MOVED to close the public
hearing. Ranniger seconded and the motion carried •
LaPorte responded to questions regarding the history of the project and contact with the property
owners, Mr. Myers' retention pond, appraisals, sewer service, no-protest covenants,
development, wetlands, low-income programs, relocations, and boundaries S
RAPLEE MOVED to make Connie and Jeff Hurley's letter a part of the record. Clark seconded
and the motion carried. CLARK MOVED to make a Letter from Richard Staples a part of the
record. Harmon seconded and the motion carried.
RAPLEE MOVED to adopt Ordinance No. 3808 authorizing the formation of Local w
Improvement District No 359, providing for the issuance of LID warrants or bonds, and
ordering construction of the referenced roadway, sanitary sewer, and water main improvements
and the construction of a storm water detention pond Harmon seconded and the motion carried. •
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Kent City Council Minutes September 5, 2006
CONSENT CALENDAR
A Minutes of Previous Meeting. (CFN-198) RANNINGER MOVED to approve Consent
Calendar Items A through M Clark seconded and the motion carried.
S B. Approval of Bills. (CFN-104) Numbers were not available for approval.
C. Crime Victim/Witness Coordinator. (CFN-234) Creation of a new regular full-time
Victim Coordinator and Advocate position within the City Attorney's Office was authorized.
D. 2006 Computer Replacement Plan. (CFN-1155) The Mayor was authorized to sign all
• documents necessary to purchase replacement computers, monitors, and vendor services.
• E. Historic Preservation Ordinance. (CFN-822) Ordinance No. 3809, which amends the
Kent City Code to add a new chapter relating to historic preservation was adopted. This
ordinance provides the mechanism for the City to enter into an interlocal agreement with King
• County for landmark designation and protection services This ordinance adopts King County's
regulations regarding designation criteria, nomination process, and other regulations for
landmarks King County's Landmarks & Heritage Commission is designated to act as the
Landmarks Commission for the City with the addition of one Commission member to be
appointed by the City
F. Nonconforming Lots, Zoning Code Amendment. (CFN-131) The Planning & Economic
Development Committee recommendation to maintain the existing code language of KCC
15.08 100(E) concerning nonconforming lots was approved.
G. Ordinance Amending Fire Code. (CFN-205) Ordinance No 3810, which amends various
provisions of Ch 13 01 of the Kent City Code pertaining to the adoption of the International
Fare Code was adopted. The changes consist of housekeeping amendments, amendments to
streamline the code, and amendments to address development needs.
H. Muth Propertv Statutory Warranty Deed and Temporary Construction Easement
Agreement. (CFN-1038) The Mayor was authorized to accept the Statutory Warranty Deed
for the Muth property, pending acceptance of the language therein by the Public Works Director
and the City Attorney
I. Condemnation Ordinances for S. 228th and 277th Street Corridor Extension Projects.
(CFN-1180&113) Ordinance Nos 3811 and 3812, which amend condemnation Ordinance
Nos. 3767 and 3768 for the 277`h Street corridor and S 228`h St projects to correct inconsis-
tencies contained in the summary statements for those ordinances and to clarify the scope of the
projects for which condemnation is necessary, were adopted
J. Appointment to Drinking Driver Task Force. (CFN-122) The Mayor's appointment of
• Ms. Gina Beretta to serve as a member of the Kent Drinking Driver Task Force was confirmed.
K. Commercial Motor Vehicles in Residential Zones, Zoning Code Amendment
Ordinance. (CFN-131) Ordinance No 3813, which amends Kent City Code Chapters 15.02
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Kent City Council Minutes September 5, 2006
and 15.08 relating to commercial motor vehicles in residential zones, was adopted This
ordinance prohibits parking of commercial vehicles in residential zones unless making deliveries
L 2007 Annual Budget—Set Hearing Date. (CFN-186) September 19,2006, was set as the
first public hearing on the 2007 Budget
M. 2007-2012 Capital Improvement Plan — Set Hearing Date. (CFN-775) September 19,
2006, was set as the first public hearing on the 2007-2012 Capital Improvement Plan.
OTHER BUSINESS
A. Westview Malik Rezone. (CFN-121) The proposed ordinance rezones three parcels
totaling 3.92 acres of property from Single-Family Residential 4.5 units per acre to Single- •
Family Residential 8 units per acre. ,
Chris Hankins of Community Development gave a brief presentation on the issue and answered
questions from Council members about connectivity, and about comments from the public •
regarding impacts to pedestrian safety, environment, traffic, drainage/flooding, views and
schools, access, and parking
The City Attorney determined that there have been no ex parte contacts by Council members. It
was noted that Councilmember Watson is in the process of moving into the area
HARMON MOVED to accept the Findings, Conclusions and Recommendations of the Hearing
Examiner on the Westview Malik II and to adopt Ordinance No 3814 Raplee seconded In
regard to the public comment period associated with the Notice of Application, Harmon said that
Mr. Malik, through the City staff, will be able to resolve the private issues which arose out of •
this application. Upon a roll call vote, the motion carried 5-1 with Clark opposed and Watson
abstaining.
B Kent Event Center Update. (CFN-1305) CAO Hodgson noted that one of the elements of
the Council's Strategic Plan is to create a unique urban center and to look at the possibility of an
event center He said the Seattle Thunderbirds would be the anchor tenant, and that a committee
comprised of citizens has been formed He said the site being proposed is the Commons
Playfield and that space has been identified to move all the ball fields to school district lands. He •
noted that a feasibility study to include a market study, a financial feasibility study, and an
economic impact study was commissioned.
Hodgson explained that a project management team has been hired, that the Environmental t
Impact Statement process has begun, that an RFQ for an architectural firm to design the facility
has been announced, and that committee members and staff have visited the Everett Event and
Conference Center.
Jim Bailey of Brailsford and Dunlavey explained the research they've done including Kent's •
location and demographics, and the types of events which could be held in the facility. He •
discussed finances, including the Thunderbirds' revenue stream, naming rights for the building,
premium seating, advertising, concessions, operating costs, payroll, repairs, maintenance, and so
forth, and said in the first year a net profit of just under $6,000,000 could be expected.
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. Kent City Council Minutes September 5, 2006
Hodgson then stated that whether the final cost matches the feasibility study is still not known.
Mike Miller of the Citizen's Task Force explained that they have reviewed periodic reports from
• Brailsford & Dunlavey and the project management consultant, met with City officials, had
discussions with the principals of the Seattle Thunderbirds, and toured the Everett Event Center
He said the Citizens Committee recommends continuation of the analysis of building the Kent
Civic Center and commitment of the necessary funds for project management, the EIS study,
• architectural drawings and projects cost analysis and the selection of a management group to run
the Event Center, assuming the final project is approved, and continuation of committee
activities through the final decision to proceed to continue to provide community input for the
project
•• Brad Tong of SOJ, the project management firm, presented a timeline and noted at which points
a go/no-go decision could be made He estimated that construction would start in the spring of
2007 and that the opening would be in October 2008
. Hodgson outlined the next steps as follows: analyze financial feasibility data, continue EIS
process, public outreach (open house), hire architectural firm, determine funding need to the end
of the year, and determine cost to construct the facility. He reiterated that the hard cost to build
the facility is approximately $35,000,000 and said the soft costs are yet to be determined.
C. LID 361, S. 272/277 Corridor Improvements. (CFN-1302) After formation of Local
Improvement District No. 351 and confirmation of its Final Assessment Roll, the City learned
some properties were inadvertently omitted from the LID State law allows Council to assess
omitted properties based on the special benefits each property received as a result of the public
• improvements. The process for creating a supplemental assessment roll is to hold a combined
hearing on the formation and the proposed assessment roll. The Public Works Committee will
sit as a Board of Equalization to conduct the formation and assessment roll hearing. At the
hearing, those who wish to object to the supplemental assessment roll or the amount of the
a assessment can appear and present their objections. The proposed resolution sets the hearing for
• October 2, 2006, at 6 00 p.m.
LaPorte gave a history of LIDS and the use of Environmental Mitigation Agreements over the
• years. He explained that there are 123 property owners in LID 361, that 7 property owners
attended a meeting on November 4, 2004, that all properties have Environmental Mitigation
Agreements, and that no protests have been received
RAPLEE MOVED to adopt Resolution No. 1733 setting October 2, 2006, as the hearing date on
. the proposed formation and proposed assessment roll for Local Improvement Distnct No 361.
. Harmon seconded.
Ranniger expressed concern about the process, in that the developers who agreed to the
Environmental Mitigation Agreements are not the property owners who will be impacted and
assessed. The motion then carried with Ranniger opposed.
REPORTS
Mayor's Report. (CFN-198) The Mayor thanked staff and residents who responded to the
website regarding the residential code. She added that the City is considered Stone Ready and
that there will be a statewide earthquake and tsunami drill on September 13.
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Kent City Council Minutes September 5, 2006 •
Operations Committee. (CFN-198) Clark noted the Suburban Cities quarterly dinner on
September 20, and the Puget Sound Regional Council general assembly on September 20 in
Seattle
Planning and Economic Development Committee. (CFN-198) Harmon noted that the next
meeting will be on Monday, September I8, at 4:00 p in
Public Safety Committee. (CFN-198) Harmon noted that the next meeting will be on Tuesday,
September 12, at 5 00 p.m.
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Public Works Committee. (CFN-198) Raplee noted that there will be a special meeting on
Monday, September 11, and that the Rock Creek Bridge Weight Limit and the date of the
meeting with North Park residents on the Event Center will be on the agenda.
Administration. (CFN 198) CAO Hodgson reminded Councilmembers of a 20 minute
executive session regarding pending litigation and property acquisition, with no action following.
EXECUTIVE SESSION
The meeting recessed into Executive Session at 10.30 p.m. and reconvened at 11:00.
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ADJOURNMENT
At 11.00 p.m., WATSON MOVED to adjourn. Thomas seconded and the motion carried.
Brenda Jacober, CMC
City Clerk
6
. Kent City Council Meeting
Date September 19, 2006
Category Consent Catendar
1. SUBJECT: MIDDLE GREEN RIVER COALITION, LETTER OF SUPPORT—
ADOPT
• 2. SUMMARY STATEMENT: Authorize the Mayor to sign a letter of support for the
Middle Green River Coalition and its Green River Gorge Mountains to Valley
Greenway Project
3. EXHIBITS: Public Works memorandum
i 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:
a
• Councilmember moves, Councilmember seconds
DISCUSSION.
ACTION:
Council Agenda
Item No 6C
01
PUBLIC WORKS DEPARTMENT
• Larry R. Blanchard, Public Works Director
KENT Phone: 253-856-5500
WASHINGTON Fax: 253-856-6500
Address: 220 Fourth Avenue S.
. Kent, WA 98032-5895
• Date: September 6, 2006
To: Chair Debbie Raplee and Public Works Committee Members
• PW Committee Meeting Date: September 11, 2006
From: Michael Mactutis, Environmental Engineering Manager
• Through: Larry Blanchard, Public Works Director
. Subject: Middle Green River Coalition
ITEM 2
Motion: ■ Required ❑ Not Required ❑ For Information Only
• Recommend that the Mayor direct staff to prepare and that the Mayor sign a letter of
. support for the Middle Green River Coalition and its Green River Gorge Mountains to
Valley Greenway Project.
Will document be required?
❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract
❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
Background/History
i The Middle Green River Coalition (MGRC) is an organization working on land preservation in the Middle
• Green River Watershed upstream from the City of Kent. The MGRC is a group made up of a larger
coalition of people, community and regional organizations, recreationists, private land owners,
1, government, and others whose goal is to protect the Middle Green River and its tributaries. By
identifying and preserving key natural areas, the MGRC ensures the protection of wildlife and fish habitat
. and recreational opportunities.
The MGRC focuses on four activities in the Middle Green:
■ Acquiring land and conservation easements and other conservation tools;
• Working with willing landowners and other partners;
• Informing and engaging a broad range of people and the community; and
■ Promoting environmentally sustainable forest production
P 1Publtc%AdmmSapIPWCommitteekActmnPage doc 1
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The MGRC is working to create a Mountain to Valley Greenway made up of the scenic Green River Gorge •
and surrounding uplands. This Greenway will link the Cascade foothills of the upper Green river !
watershed to Puget Sound lowlands at Flaming Geyser State Park in the Green River Valley. It •
represents an incredible opportunity to link the foothills to the lowlands
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The Greenway will protect an existing wildlife corridor from the foothills to the lowlands. It will provide a
route on State Parks land for a multi-use recreational trail from Kanasket State Park to Flaming Geyser
State Park. This trail will provide a route to hike, horseback ride, and mountain bike along the rim of !
the gorge as well as maintain access for fishermen along key points along the gorge. Uplands protection
will maintain the view corridor along the Green River Gorge, which is one of the premier whitewater ,
rivers in western Washington.
The Greenway will protect one of the most important recharge areas in the Green River. The major •
springs that feed the Green River from the south side of the gorge between the Green River Gorge resort
to the east and Icy Creek to the west are the major sources of cold, unpolluted water that feed the •
Green and are key to protecting salmon runs in the Green River system. This underground spring •
network lies in one of the least developed sub basins along the Green River and is key to protecting
water quality and quantity in the river Protection of this greenway will protect a valuable source of high !
quality water for the Green River as is flows through the Kent area.
Summary: !
The MGRC is an organization made up of a larger coalition of people, organizations and agencies working .
on land preservation in the Middle Green River Watershed. The MGRC's goal is to protect the Middle
Green River and its tributaries. To fulfill this goal, the MGRC is working to create a Mountain to Valley
Greenway made up of the scenic Green River Gorge and surrounding uplands
Recommendations:
Recommend that the Mayor direct staff to prepare and that the Mayor sign a letter of support for the •
Middle Green River Coalition and its Green River Gorge Mountains to Valley Greenway Project.
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i Kent City Council Meeting
Date September 19, 2006
Category Consent Calendar
1. SUBJECT: BILL OF SALE, SUN PREET SANGH SHORT PLAT — ACCEPT
2. SUMMARY STATEMENT: Accept the Bill of Sale for Sun Preet Sangh Short Plat
for 2 gate valves, 5 manholes, and 654 linear feet of sanitary sewer. This project is
located at 24228 116th Avenue SE.
3. EXHIBITS: Bill of Sale
. 4. RECOMMENDED BY: Public Works Director
(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 S
Unbudgeted Revenue. Fund Amount $
6. CITY COUNCIL ACTION:
a
i Councilmember moves, Councilmember seconds
DISCUSSION:
• ACTION:
Council Agenda
Item No. 6D
Bill of Sale
Page 1 of 3
440
i KEN T
WASHINGTON
. MAIL TO:
ENGINEERING DEPARTMENT
ATTN: O=e Carrasauilla
220 4Te AVENUE SOUTH
LENT, WASHINGTON 98032
• PROJECT:-SS rn Preet Sangh Short Plat
LOCATION: II6th Ave. SE&SE 244th
Street
TAX ACCT NO: 212205-9050
BILL OF SALE
CITY OF KENT
KING COUNTY,WASHINGTON
• THIS INSTRUMENT made this 31 day of Aueust 2006 ,by and
• between
hereinafter called"Grantors",and City of Kent,a municipal corporation of King County,State of
Washington,hereinafter called"Grantee":
. WITNESSETH:
. That the said Grantors for a valuable consideration,does hereby grant,bargain, sell to
• Grantee the following described improvements:
A. WATERMAINS: together with a total of 3 gate valves at$ 600
each, I hydrants at$2,500 each and 1 or any other
appurtenances thereto.
ON FROM TO
a (street, esmt,etc)
116th Ave SE. 2 +50 2 + 80
. Including linear feet at$45 per LF of 8-inch
(size&type) D.I. waterline.
B. SANITARY SEWERS: Together with a total of 5 manholes at
. $4.000 each and I or any other appurtenances thereto.
i ON FROM TO
(street, esmt,etc)
• 116th Ave. S.E 0+ 00 5 + 00
Bill of Sale
Page 2 of 3
D. STORM SEWERS: Together with a total of manholes at$
each or a total of catch basins at$ each, LF
of bioftltration Swale or drainage ditch with a total cost of x
CF of detention pond storage with a total cost of$ and/or any
other appurtenances thereto.
ON FROM TO •
(street, esmt, etc)
Including linear feet at$ per LF of
(size& type) sewer line.
To have and to hold the same to the said Grantee, its successors and assigns forever.
The undersigned hereby covenants that it is the lawful owner of said property; and that the
same is free from all encumbrances; that all bills for labor and material have been paid; that •
it has the right to sell the same aforesaid; that it will warrant and defend the same against the
lawful claims and demand of all person.
The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its
successors and assigns to incorporate said utilities in its utility system and to maintain them as
provided in the applicable City Ordinances.
IN WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this
5 � day of f( vGVS'T ,200
STATE OF WASHINGTON ) i
)SS •
COUNTY OF K NG )
On this 3( day of f�,20_�,before me,the
undersigned A Notary Public in and for the tate of Washington,duly commissioned and •
sworn,Personally appeared A-N00r.W YAVe MG Nil f- to me known to be the
individual described in and who executed the foregoing instrument, and acknowledged to me
that he/she signed and sealed this instrument as his/her free and voluntary act and deed for
the uses and purposes therein mentioned.
GIVEN under my hand and official seal this '�� day of 20 D�. •
,• s Notary Pt lic in nd for the
A` " < State of Washington,residing at
r
+Qay Cam. OS
My Commission Expires:
is qiR la\\•.!'^''4 F
Bill of Sale
Page 3 of 3
STATE OF WASHINGTON )
)SS
S COUNTY OF KING )
i On this day of ,20 ,before
me,the undersigned,a Notary Public in and for the State of Washington, duly commissioned
and sworn, personally appeared and
to me known to be the and
. respectively of the
that executed the foregoing instrument,and acknowledged the said instrument to be the free
and voluntary act and deed of said for the uses and
purposes therein mentioned, and on oath stated that they are authorized to execute the said
instrument.
Witness my hand and official seal hereto affix the day and year first above written.
Notary Public in and for the
' State of Washington, residing at
My Commission Expires:
The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed
by the City Council of the City of Kent,King County,Washington,on the
day of ,20
• Kent City Council Meeting
• Date September 19, 2006
Category Other Business
1. SUBJECT: GHAG REZONE — APPROVE
(QUASI-JUDICIAL PROCEEDING)
• 2. SUMMARY STATEMENT: The City Council is considering adoption of an
ordman relating to land use and-mntng, specifically the rezoning of one parcel _
totalnuk 1.77 acres of real property from Limited Industrial to General Commercial/
__A4wier'vs.The property islocated at-1 f9 East James Street. The Kent Hearing
Examiner held a Public Hearing on August 16, 2006, and issued Findings, Conclusions,
and a Recommendation for approval on August 30, 2006.
3. EXHIBITS: Ordinance; Hearing Examiner Findings, Conclusions and
Recommendation; Staff report with map; and Determination of Nonsigmficance
4. RECOMMENDED BY: Hearing Examiner
(Committee, Staff, Examiner, Commission, etc.)
i 5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes No
• If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue. Fund Amount S
e
6. CITY COUNCIL ACTION:
Councilmember moves, Coun member seconds
to aeeeeje�modify the Findings, onclus* ns and Recommendation of the Hearing
Examiner on the Ghag Rezone and to a p rdmance No. t
SCUSSION:
' L` jJ.t��Vvum /L"A e1 P
ACTION:
Council Agenda
` �l Item No. 7A
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
• of Kent, Washington, relating to land use and zoning,
specifically the rezoning of approximately 1.77 acres of
• property located at 119 East James Street from M2
(Limited Industrial) to GC-MU (General
Commercial/Mixed Use). (Ghag Rezone, #RZ-2006-3)
• RECITALS
A. An application was filed on February 2, 2006, to rezone
approximately 1.77 acres of property located at 119 East James Street, in Kent,
Washington, from the current zoning of M2 (Limited Industrial) to GC-MU (General
Commercial/Mixed Use). (Ghag Rezone, #RZ-2006-3).
B. The City's SEPA responsible official issued a Determination of
Nonsignificance (DNS) (#ENV-2006-8) for the proposed rezone on May 30, 2006.
C. A public hearing on the rezone was held before the hearing
• examiner on August 16, 2006. On August 30, 2006, the hearing examiner issued
findings and conclusions that the Ghag Rezone is consistent with the city's
Comprehensive Plan; that the proposed rezone and subsequent development
activity would be compatible with the development in the vicinity; that the
proposed rezone will not unduly burden the transportation system in the vicinity of
• the property with significant adverse impacts that cannot be mitigated; that
• circumstances have changed since the establishment of the current zoning district
• to warrant the proposed rezone; and that the proposed rezone will not adversely
• affect the health, safety, and general welfare of the citizens of the City of Kent.
D. Based on these findings and conclusions, the hearing examiner
recommended approval of the Ghag Rezone.
• 1 Ghag Rezone
E. On September 19, 2006, the City Council determined that the •
hearing examiner's findings and conclusions are consistent with sections
15.09.050(A)(3) and 15.09.050(C) of the Kent City Code, accepted the findings of
the hearing examiner, and adopted the hearing examiner's recommendation for
approval of the Ghag Rezone from M2, Limited Industrial to GC-MU, General
Commercial/Mixed Use
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Rezone. The property located at 119 East James Street, in
Kent, Washington consisting of approximately 1.77 acres depicted in Exhibit "A"
(marked "Vicinity Map"), attached and incorporated by this reference, and legally
described in Exhibit "B", attached and incorporated by this reference, is rezoned
from from M2, Limited Industrial to GC-MU, General Commercial/Mixed Use. The
City of Kent zoning map shall be amended to reflect the rezone granted above.
SECTION 2. - Severability. If any one or more sections, sub-sections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect. '
SECTION 3. - Effective Date. This ordinance shall take effect and be in
force five (5) days from and after its publication as provided by law.
SUZETTE COOKE, MAYOR
ATTEST: '
BRENDA JACOBER, CITY CLERK •
2 Ghag Rezone
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APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of September, 2006.
APPROVED: day of September, 2006.
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• PUBLISHED: day of September, 2006.
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 ]ACOBER, CITY CLERK
P\Civil\Ordinance\Rezone-WestVleWMallk doc
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APPLICATION NAME: GHAG
REQUEST: #RZ-2006-3 EXHIBIT "A" •
VICINITY MAP •
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EXHIBIT "B"
THE WESTERLY 188 FEET OF THE NORTH 491 FEET OF THE SOUTH 531 FEET OF THAT
PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
13.TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M., IN KING COUNTY, WASHINOTON,
LYING EASTERLY OF THE 13URLINGTON NORTHERN AND SANTA FE RAILWAY
COMPANY'S(FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) 100 FOOT
RALROAD RIGHT OF WAY.
EXCEPT THE SOUTHERLY 26 FEET THEREOF CONDEMNED IN KING COUNTY
SUPERIOR COURT CAUSE NO. 708251 FOR JAMES STREET.
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' A
LAND USE HEARING EXAMINER
CITY OF KENT
KENT Theodore P. Hunter
Hearing Examiner
WASHINGTON
0 FINDINGS, CONCLUSIONS AND RECOMMENDATION
FILE NO: Ghag Rezone
#RZ-2006-3 KIVA #2060620
APPLICANT: Dan Baggen
Daniel R. Baggen Associates
• 9914 NE 1341h Court
• Kirkland, WA 98034
RE UEST: Rezone 1.77 acres of property from M2, Limited
i Industrial, to GC-MU, General Commercial/Mixed
Use.
LOCATION: 119 E. James Street
APPLICATION FILED: February 2, 2006
DETERMINATION OF
NONSIGNIFICANCE ISSUED: May 30, 2006
HEARING DATE: August 16, 2006
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• RECOMMENDATION
. ISSUED: August 30, 2006
RECOMMENDATION: APPROVED
• STAFF
REPRESENTATIVE: Chris Hankins, Planning Services
• TESTIMONY: Chris Hankins, Planning Services
S Dan Baggen, for Applicant
. Ftndrngs, Conclusions and Recommendation
Hearing Examiner for the Gty of Kent
Ghag Rezone
#RZ-2006-3 KIVA #2060620
• Page 1 of 6
EXHIBITS: 1. Staff file, including the following:
A. Staff Report dated August 9, 2006 i
B. Zoning Map Amendment Rezone Application
C. Department Routing
D. Public Notice Documents, including affidavits of
notice, publication notice and mailing list
E. Notice of Completeness; Notice of Application
F. Mitigated Determination of Non-Significance !
dated May 30, 2006 and Environmental Checklist •
The Hearing Examiner enters the following Findings and Conclusions based upon the testimony
and exhibits admitted at the open record hearing:
FINDINGS •
1. The Applicant requested a zoning map amendment to rezone 1.77 acres from M2,
Limited Industrial, to GC-MU, General Commercial-Mixed Use. The parcel includes 1.77 •
acres and is located at 119 E. James Street, Kent, WA, and identified by King County •
Tax Parcel number 1322049077. The property is currently vacant.' Exhibit 1,
Attachment A, Staff Report, pages 1, 2.
2 The subject property was part of the original City of Kent Town Site of 1889. Since the
City of Kent's first zoning code of 1973, the property has been zoned either commercial
or industrial. Exhibit 1, Attachment A, Staff Report, pages 2, 8; Testimony of Chris
Hankins.
3. Properties to the east are zoned GC-MU, while properties to the north are zoned M2.
Across E. James Street to the south, properties are zoned DCE, Downtown Commercial
Enterprise. The parcel is bordered by the Burlington Northern railroad right-of-way to .
the west. Exhibit 1, Attachment A, Staff Report, page 2; Testimony of Chns Hankins.
4. The City of Kent Comprehensive Plan Land Use Map designates the subject property as r
MU, Mixed Use, providing for retail, office, and multifamily residential uses. The City •
testified that the zoning designation of M2, Limited Industrial, conflicts with the retail,
office and residential uses envisioned under the Comprehensive Plan. Exhibit 1,
Attachment A, Staff Report, pages 2, 5, 7, and 8, Testimony of Chris Hankins.
5. The City of Kent Comprehensive Plan contains the following goals and policies that are
relevant to the rezone application:
' At this time, the applicant has only requested a rezone of the property, without a concurrent
development proposal. Any development proposal for the property will require separate environmental ,
review and analysis under the SEPA checklist. •
Findings, Conclusions and Recommendation .
Hearing Examiner for the City of Kent '
Ghag Rezone
#RZ-2006-3 KIVA #2060620 •
Page 2 of 6 •
• Goal LU-6: Designate Activity Centers in portions of the City and the Potential
Annexation Area. Allow in these areas a mix of retail, office, and residential
development.
• Policy LU-6.1: Locate Activity Centers in areas which currently contain
concentrations of commercial development with surrounding medium-density
housing. Intensify these areas to support public transit to increase housing
options.
• Policy LU-6.2: Allow residential uses in Activity Centers. Develop residential uses
as part of a commercial area in a mixed-use development or on a stand along
basis in designated area.
Goal LU-13: Promote orderly and efficient commercial growth within the existing
commercial district in order to maintain and strengthen existing commercial
i districts, to minimize costs associated with the extension of facilities, and to
allow businesses to benefit from their proximity to one another.
Policy LU-13.3: Develop regulatory incentives to encourage infdl development in
existing commercial areas. Regulatory incentives may include urban, mixed-use
. zoning and higher density zones, planned unit developments, transfer of density
• credits, planned action ordinances, tax incentives, and streamlined permit
processes.
. Goal LU-14: Determine the size, function, and mix of uses in the City Is
• commercial districts based on regional, community , and neighborhood needs.
Policy LU-14.2: Provide opportunities for residential development within existing
. business districts to provide support for shops, services, and employment within
walking distance.
Goal TR-1: Coordinate land use and transportation planning to meet the needs of
• the City and the requirements of the Growth Management Act.
Policy TR-1.2: Coordinate new commercial and residential development in Kent
i with transportation projects to assure that transportation facility capacity is
sufficient to accommodate the new development, or a financial commitment is in
place to meet the adopted standard within six years, before allowing it to
proceed.
• Policy TR-1.5: Ensure consistency between land use and transportation plans so
that land use and adjacent transportation facilities are compatible.
. The proposed rezone supports the land use goals and policies in that the property is
located near existing urban services and infrastructure. The mixed uses allowed by the
Findings, Conclusions and Recommendation
Hearing Examrner for the City of Kent
Ghag Rezone
• #RZ-2006-3 KIVA #2060620
. Page 3 of 6
proposed rezone would encourage increased development in Activity Centers. Exhibit 1,
Attachment A, Staff Report, page 6, Testimony of Chns Hankins i
6. Circumstances have changed since the City adopted the present zoning of the property.
Near the property at issue, downtown Kent has changed dramatically, shifting to .
compact urban development with a mix of uses, and away from the industrial •
development of the 1970's Industrial uses are discouraged as potentially conflicting
with the goal of encouraging a vibrant downtown and increased pedestrian activity.
Exhibit 1, Attachment A, Staff Report, page 8, Testimony of Chris Hankins •
7. Mr. Baggen testified under the current M2 zoning, development of retail or service uses
would be limited. In the application, Mr. Baggen stated that based on the changing
character of the surrounding neighborhoods, including the downtown area and the Kent .
Station, it will be difficult to develop the site as primarily industrial. With the rezone, the •
property could be developed with mixed retail, office, and multifamily residential uses
consistent with the Comprehensive Plan. Any future development of the site will be i
reviewed separately. In the application, Mr. Baggen stated that development under the
proposed rezone would likely create less of an impact on health, safety, and general
welfare than would industrial development under the current zoning. Exhibit 1,
Attachment B, page 2; Testimony of Dan Baggen.
8. The proposed rezone, in and of itself, would not add traffic to the local to the local '
street system. The traffic impact of future development of the subject property would
be mitigated through frontage improvements, including curb, gutter, sidewalk, planting
strip, street lighting, paving, and storm drainage facilities, and payment of an .
environmental mitigation fee. Exhibit 1, Attachment A, Staff Report, pages 6, 7-8; .
Testimony of Chris Hankins.
9 The City of Kent acted as lead agency for review of environmental impacts caused by .
the proposal. The Applicant submitted an application for rezone of the subject site on •
February 2, 2006. The City, issued a Mitigated Determination of Nonsignificance
(MDNS) for the rezone on May 30, 2006. The MDNS was not appealed. Exhibit 1,
Attachment A, Staff Report, pages 3 and 4; Attachment G (MDNS). Testimony of
Chris Hankins.
10. Notice of the open record hearing was posted on the property, mailed to properties
within 300 feet of the site, and published in King County Journal in accordance with City •
ordinances. Exhibit 1, Attachment D.
11. Other than the City Staff planner and the applicant, there was no other testimony or ,
public comment at the hearing. i
Findings, Conciuslons and Recommendation
Hearing Examiner for the Oty of Kent
Ghag Rezone
#RZ-2006-3 KIVA #2060620
Page 4 of 6
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CONCLUSIONS
Jurisdiction
. The Hearing Examiner has jurisdiction to hold an open record hearing on this quasi-judicial
rezone and to issue a written recommendation for final action to the Council, pursuant to RCW
35A.63.170 and Chapters 2.32 and 15.09 of the Kent City Code.
Criteria for Review
Section 15.09.050(C) of the Kent Zoning Code sets forth the standards and criteria the Hearing
Examiner must use to evaluate a request for a rezone. A request for a rezone shall only be
. granted if:
a. The proposed rezone is consistent with the comprehensive plan;
• b. The proposed rezone and subsequent development of the site would be compatible with
S development in the vicinity;
41 C. The proposed rezone will not unduly burden the transportation system in the vicinity of
• the property with significant adverse impacts which cannot be mitigated;
d. Circumstances have changed substantially since the establishment of the current zoning
district to warrant the proposed rezone;
e. The proposed rezone will not adversely affect the health, safety and general welfare of
the citizens of the city.
. Conclusions Based on Findings
1. The proposed rezone is consistent with the Comprehensive Plan. The
Comprehensive Plan designates the subject property as MU, Mixed Use, as is property to
• the east. The change in use allowed by the rezone would bring the property into
. alignment with the Comprehensive Plan. Findings Nos, 3, 4, 5, 6, and 7.
2. The proposed rezone and subsequent development of the site would be
• compatible with development in the vicinity. Existing and authorized land uses in
the vicinity of the site include a mix of industrial, retail, and service uses. The properties
to the south and east are zoned for retail and service uses. Future development of the
subject property would serve the surrounding community and would be compatible with
existing and planned development in the vicinity of subject property. Findings Nos. 3, S,
• and 7.
i 3. The proposed rezone would not unduly burden the transportation system in
• the vicinity of the property with significant adverse impacts that cannot be
e mitigated. The rezone itself would not generate any traffic. The traffic impact of future
• Findings, Conclusions and Recommendation
Hearing Examiner for the City of Kent
Ghag Rezone
#RZ-2006-3 KIVA #2060620
. Page 5 of 6
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development of the subject property would be mitigated through frontage Improvements •
and mitigation fees. Finding No. 8. •
4. Circumstances have changed substantially since the establishment of the
current zoning district. In considering a rezone, the Applicant has the burden of
proof in demonstrating that conditions have substantially changed since the original
zoning and that the rezone bears a substantial relationship to the public health, safety,
morals, or general welfare. Parkndge v. Seattle, 89 Wn.2d 454 (1978). A variety of
factors may be utilized to satisfy a change in circumstances Including changes in public •
opinion, local land use patterns, and changes on the property itself. ejarnson V. Kltsac •
County, 78 Wn. App 840, 846 (1995). The proposed rezone is supported by changes in
surrounding zoning and development, and the adoption of the City of Kent
Comprehensive Plan. Findings Nos. 4, 5, 6, and7.
5. The proposed rezone would not adversely affect the health, safety and
general welfare of the citizens of the City of Kent. No adverse impacts were
identified during the environmental review process. Other then testimony by the City •
planner and the Applicant, there was no public comment on the rezone application at .
the public hearing. Findings Nos. 4, S, 6, 7, 8, 9, and 11.
RECOMMENDATION
Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that
the application for a rezone of King County Tax Parcel number 1322049077 from M2 to GC-MU
be APPROVED. •
•
DATED this 30th day of August 2006.
•
THEODORE PAUL HUNTER •
Hearing Examiner
S\Permit\Plan\rezone\2006\2060620-2006-3FINDINGS doc •
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Findings, Conclusions and Recommendation
Hearng Examiner for the City of Kent •
Ghag Rezone
#RZ-2006-3 KIVA #2060620
Page 6 of 6 .
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, Director
PLANNING SERVICES
• Charlene Anderson, AICP, Manager
��KNT Phone 253-856-5454
W AS NI X G T 0 W 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
• August 16, 2006
i FILE NO: GHAG REZONE
• #RZ-2006-3 KIVA# 2060620
APPLICANT: Dan Baggen
Daniel R. Baggen Associates
• 9914 NE 1341h Court
. Kirkland, WA 98034
REOUEST: A request to rezone 1.77 acres of property from M2,
. Limited Industrial to GC-MU, General Commercial
/Mixed Use.
• STAFF
REPRESENTATIVE: Chris Hankins, Planner
STAFF
RECOMMENDATION: APPROVAL
I. GENERAL INFORMATION
• A. Description of the Proposal
The applicant proposes to rezone 1.77 acres from the current zoning of M2
Limited Industrial to General Commercial/Mixed Use. This is a non-project
rezone. At this time, there is no proposed development associated with this
• rezone application.
. B. Location
The property is located at 119 E. James Street, and Is Identified by King County
Tax Parcel number 1322049077.
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Staff Report
Ghag Rezone i
#RZ-2006-3 KIVA #2060620
C. Size of Propertv •
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The property consists of 1.77 acres.
D. Zoning
Properties to the east of the site are zoned GC-MU (General Commercial Mixed
Use). To the north, properties are zoned M2 (Limited Industrial). South across •
E. James Street properties are zoned DCE (Downtown Commercial Enterprise). i
To the west, the site is bordered by the Burlington Northern railroad right-of-
way.
The applicant has proposed changing the zoning of this site to GC-MU. The •
purpose and intent of the general commercial district is to provide for a range of i
trade, service, entertainment, and recreation land uses which occur adjacent to
major traffic arterials and residential uses. Typical retail commerical uses include
bulk retail, eating and drinking establishments, as well as banks and gasoline
stations. vehicle sales and service, consumer electronics, apparel,
pharmaceutical, hardware, It is also the purpose of this district to provide i
opportunities for mixed use development within the designated mixed use
overlay boundary, as designated by the comprehensive plan. Within a mixed
use development, at least 25% of the gross floor area must be a permitted i
commercial use. The maximum lot coverage of structure, but not impervious
surfaces, is 40% of the site without a mixed use component and 60% if a •
residential component is included. •
E. Land Use
The 1.77 acre site is vacant. Currently, the property is designated as MU (Mixed '
Use) in accordance with The City of Kent Comprehensive Plan.
The subject parcel is currently vacant and undeveloped. Properties located to •
the north are developed with light industrial uses; to the south across James
Street are a mix of industrial, retail and service use; retail and service uses are
developed to the east; and the Burlington Northern rail road tracks are adjacent
to the subject property to the west.
F. Site History
•
The property was included as part of the original City of Kent Town Site dated •
1889.
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. Staff Report
Ghag Rezone
#RZ-2006-3 KNA #2060620
II. ENVIRONMENTAL CONSIDERATIONS
• A. Environmental Assessment
A Determination of Non-Significance (ENV-2006-8) for the rezone proposal was
issued on May 30, 2006. No mitigation measures for this rezone request were
• proposed.
Subsequent development proposals for the subject property will require
additional environmental review in conjunction with construction permits, and
• other project permit applications.
B. Significant Physical Features
Topography, Wetlands and Vegetation
The site is generally flat with slopes not exceeding 1%. The vegetation on site
consists of some grass and one large deciduous tree located toward the
• northeast corner of the property. The site has previously been cleared.
S Because the proposed rezone does not contemplate a development proposal at
this time, staff has not analyzed on-site environmental impacts associated with
• potential development. Development impacts will be analyzed in the SEPA
• checklist submitted with any specific development projects proposed for the site.
C. Significant Social Features
• 1. Street System
The site has frontage along E. James Street, and is located west of the
• intersection of Central Avenue N. The Department of Public Works
commented that they have no objection to this rezone, but points out
that future development of the site will be subject to the City's access
management standards and other relevant development codes pertaining
• to this project. Due to high traffic volumes along E. James Street,
. driveway access will likely be a challenge. Traffic mitigation will be
required in the future for the additional pm peak hour trips generated
from new development of the site.
2. Water System
i The site receives domestic water service from the City of Kent. System
. improvements will be necessary to accommodate any subsequent
development.
Page 3 of 9
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Staff Report
Ghag Rezone
#RZ-2006-3 KIVA #2060620
3. Sanitary Sewer System i
The site receives sanitary sewer service from the City of Kent. System
improvements will be necessary to accommodate any subsequent •
development. •
4. Stormwater System
A stormwater system will be necessary to accommodate any subsequent •
development. The developer will be required to construct a stormwater
treatment system in accordance with Kent Construction Standards in
conjunction with a development proposal. •
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: •
i
Police Department Economic Development
Public Works Fire Prevention •
Parks & Recreation City Clerk
City Attorney Kent School District
WA Dept. of Ecology Qwest
King County Transit Division Puget Sound Energy
U.S. Post Office
In addition to the above, all persons owning property which lies within 300 feet of the
site were notified of the public hearing. A Notice of Application was posted on the site •
and published in the King County Journal on March 16, 2006. No comments regarding
the rezone request were received.
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
Page 4 of 9 •
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• Ghag Rezone
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• 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 Mixed Use (MU). Specifically the MU designation allows
retail, office, and multifamily residential uses together in the same area. Further,
all residential development within a Mixed-Use area must be a component of a
• retail or office development. The following specific goals and policies have been
• identified in support of this proposed rezone.
Goal LU-6: Designate Activity Centers in portions of the City and the Potential
• Annexation Area. Allow in these areas a mix of retail, office, and residential
S development.
Policy LU-6.1: Locate Activity Centers in areas which currently contain
. concentrations of commercial development with surrounding medium-density
• housing. Intensify these areas to support public transit to increase housing
options.
• Policy LU-6.2: Allow residential uses in Activity Centers. Develop residential uses
as part of a commercial area in a mixed-use development or on a stand along
basis in designated area.
• Goal LU-13: Promote orderly and efficient commercial growth within the existing
commercial district in order to maintain and strengthen existing commercial
districts, to minimize costs associated with the extension of facilities, and to
allow businesses to benefit from their proximity to one another.
Policy LU-13.3: Develop regulatory incentives to encourage mfill development in
existing commercial areas. Regulatory incentives may include urban, mixed-use
• zoning and higher density zones, planned unit developments, transfer of density
• credits, planned action ordinances, tax incentives, and streamlined permit
. processes.
• Goal LU-14: Determine the size, function, and mix of uses in the City's
• commercial districts based on regional, community , and neighborhood needs.
• Page 5 of 9
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Policy LU-14.2: Provide opportunities for residential development within existing •
business districts to provide support for shops, services, and employment within
walking distance.
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 site
provides convenient access to the Sound Transit commuter rail and other .
regional transit opportunities. This proposed rezone encourages a mixed use at
high densities with an emphasis on superior urban design. In addition, infill
development provides a more efficient means of providing services and
enhancing pedestrian mobility. •
As proposed, this rezone is also consistent with the Vision 2020, Destination
2030, and the Countywide Planning Policies regarding Activity Centers. One of •
the fundamental themes behind many of the state, regional, and local planning
goals is the concept of using urban land more efficiently to reduce sprawl of
residential and commercial development into rural areas. The idea behind the
Activity Center concept is to encourage more development in these areas, .
because infrastructure to support growth is already in place, and to allow a
mixture of uses which brings housing closer to jobs and shopping, and which
supports public transit.
TRANSPORTATION ELEMENT •
Goal TR-1: Coordinate land use and transportation planning to meet the
needs of the City and the requirements of the Growth Management Act. •
Policy TR-1.2: Coordinate new commercial and residential development in Kent
with transportation projects to assure that transportation facility capacity is
sufficient to accommodate the new development, or a financial commitment is in .
place to meet the adopted standard within six years, before allowing it to
proceed.
Palms TR-1.5: Ensure consistency between land use and transportation plans so •
that land use and adjacent transportation facilities are compatible. .
Planning_Services Comment:
The Growth Management Act requires consistency between land use and •
transportation planning. As noted, the Land Use Plan identifies the area of the
rezone as Mixed Use. The City's Public Works Department will identify specific
improvements which will be necessary along the E. James Street property •
frontage to serve future development of the property. •
Page 6 of 9
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• Staff Report
Ghag Rezone
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• B. Standards and Criteria for Granting a Reauest 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
• MU, Mixed Use. A rezone of the site from M2 to GC-MU is consistent with the
i Mixed Use 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 as a property
zoned GC-MU would be compatible and integrate well with the existing
development in the vicinity. Properties north of the site are developed with light
industrial uses; to the south across James Street are a mix of industrial, retail
• and service uses; retail and service uses are developed to the east; and the
• Burlington Northern rail road tracks are located to the west. If the rezone is
approved, the GC zoning district would allow a wide range of commercial
services, including retail, offices, and business support services. Uses developed
• on this site would serve surrounding neighborhoods and the larger community.
• With the Mixed Use overlay, residential land uses would also be permitted in
combination with a commercial use. Such development is compatible with the
core downtown district, and is in close proximity to the Kent Transit Center.
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
As proposed, this rezone without an underlying project will not burden the City's
transportation system. However, future development of the site will add trips to
• the local street system which will require street frontage improvements and
other appropriate mitigation. All street frontage improvements shall meet the
City of Kent's standards. These improvements include but are not limited to
• curb, gutter, sidewalks, planting strips, street lighting, paving, necessary street
• improvements, and public stormwater conveyance. The applicant will be
required to participate in other City transportation improvement projects by
Page 7 of 9
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Ghag Rezone
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providing an environmental mitigation fee for the impacts created by future •
development.
4. Circumstances have changed substantially since the
establishment of the current zoning district to warrant the •
proposed rezone.
Planning Services Comment •
This site was part of the original City of Kent Townsite in 1889. Upon review of .
the City of Kent zoning maps this property historically has been zoned either
commercial or industrial since the adoption of the first City of Kent zoning code
in 1973. Over the past 33 years there have been substantial changes to the .
downtown Kent area in terms of land use, development patterns, density, and •
transportation. Compact urban development with a mix of uses in/around the
urban center is more characteristic than the industrial development of previous
yea rs. •
The area proposed to be rezoned is in close proximity to the core downtown
planning area, and adjacent to the commercial corridor associated with Central ,
Avenue N which is transitiornng from predominately industrial uses to •
retail/service uses. The industrial sites that were once associated with this area •
are now less desirable due to the potential for conflicts with other surrounding
uses. For example, distribution facilities in the industrial zoning districts that
generate truck traffic are discouraged from utilizing E. James Street & other •
downtown streets for access because of conflicts with pedestrians and passenger .
vehicles. Now, the intent is to establish a vibrant downtown that is more
pedestrian orientated with supporting or compatible land uses in adjacent areas.
It is also intended for new development to establish compatibility with the •
economic, environmental, and community goals outlined in the comprehensive
plan and other planning efforts made by the City of Kent.
The Growth Management Act states that the City's development regulations must •
implement and be consistent with the Comprehensive Plan. The zoning of the
site is currently not consistent with the Comprehensive Plan and the rezone
request from M2 to GC-MU would remedy this inconsistency.
S. 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.
Page 8of9
. Staff Report
Ghag Rezone
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• 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 Ghag Rezone located
• at 119 E. James Street.
• KENT PLANNING SERVICES
August 9, 2006
• CH:ch:S•\Permit\Plan\rezone\2006\2060620-2006-3reportdoc
• Page 9 of 9
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APPLICATION NAME: GHAG '
REQUEST: #RZ-2006-3
VICINITY MAP '
KENT T
. WRSHINGTON
• CITY OF KENT
DETERMINATION OF NONSIGNIFICANCE
• Environmental Checklist No. #ENV-2006-8 Project GHAG REZONE
• #RPSA-2060621
Description The applicant is requesting a Zoning Map Amendment (Rezone) for
• approximately 1.77 acres from M-2, Limited Industrial, to GC-MU, General
• Commercial Mixed Use. The City of Kent Comprehensive Plan Land Use Map
designates the property as MU, Mixed Use. As a non-project action, no specific
development of the property is proposed at this time. There are no sensitive
areas on the site.
Location The subject property is located at 119 E. James Street and is identified by King
County tax parcel number 1322049077.
• Applicant Dan Baggen
Baggen Associates
9914 NE 134`h Ct.
• Kirkland, WA 98034
Lead Agency CITY OF KENT
• The lead agency for this proposal has determined that it does not have a probable significant
S adverse impact on the environment. An environmental impact statement (EIS) is not required
under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental
checklist and other information on file with the lead agency. This information is available to the
• public on request.
There is no comment period for this DNS.
• X This DNS is issued under 197-11-340(2). The lead agency will not act on this
• proposal for 28 days from the date of this decision; this includes a 14-day comment
period followed by a 14-day appeal period as provided by WAC 197 11 680.
Comments must be submitted by June 13, 2006.
Responsible Official Kim Marousek, AICP
Position/Title Principal Planner / SEPA OFFICIAL
Address 220 S. Fourth Avenue, Kent, WA 98032 Telephone: 253) 856-5454
Dated May 30, 2006 Signature
APPEAL PROCESS: AN APPEAL OF A DETERMINATION OF NONSIGNIFICANCE (DNS) MUST BE
MADE TO THE KENT HEARING EXAMINER WITHIN FOURTEEN (14) FOLLOWING THE END OF THE
• COMMENT PERIOD PER KENT CITY CODE 11.03.520.
CONDITIONS/MITIGATING MEASURES: NONE
•
Determination of Nonsigmficance
Ghag Rezone •
#ENV-2006-18 #2060621 •
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•
ImS.\Permit\Plan\Env\2006\2060621dns doc •
CERTIFICATE OF POSTING
•
I, Kim Marousek, Responsible Official under the Washington Administrative Code(WAQ Chapter 197-11-788 and 910, •
and Kent City Code Chapter 1103 410 do hereby declare that the Determination of Nonsignificance,as described in
this public notice, was duly posted on by a member of Kent Planning •
Services, on or near the site described therein.
•
Kun Marousek,AICP,Responsible Official •
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Kent City Council Meeting
Date September 19, 2006
• Category Other Business
1. SUBJECT: KENT EVENT CENTER BUDGET REQUEST
2. SUMMARY STATEMENT: At the September 5, City Council meeting, staff and
consultants provided a financial feasibility overview of the Kent Event Center. At the
same meeting and following review and discussion of the feasibility study, the Citizen's
Oversight Committee recommended that the City Council continue the process to
gather more information relating to design and construction costs To continue this
project, staff, with the approval of the Citizen's Oversight Committee, requests funds to
continue project management, environmental review, traffic analysis, and architectural
design. In addthon, this allocation will cover costs to procure an operator and begin the
process to select a general contractor and it will cover travel expenses to visit similar
facilities.
3. EXHIBITS: Preliminary budget to end 2006
4. RECOMMENDED BY: Staff and Citizen's Oversight Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? _
• Currently in the Budget? Yes No X
• If no:
• Unbudgeted Expense- Fund 1000131564190 Amount $1,355,000.00
• Unbudgeted Revenue- Fund Amount $
6. CITY COUNCIL ACTION:
• Councilmember M N4 r moves, Councilmember kj< seconds
to allocate S1,355,000.00 to the Kent Event Center Project budget to continue the
environmental review, architectural design, and all other project development costs for
the Kent Event Center through December 2006
DISCUSSION: - Lbid
• ACTION: rn C tJ/
Council Agenda
Item No 7B
• Kent Event Center
Projected Budget through 2006
Market/Feasibility $90,000
Project Management $151,000
Outside Legal Review $58,000
Environmental Impact Statement $50,000
Traffic/Transportation Review $50,000
Architectural Design $565,000
• Operator $40,000
• Contractor GC/CM $50,000
• Permits $58,000
• Travel $30,000
• Contingency 20% (approximate) $213,000
• Total $1,355,000
• Kent City Council Meeting
Date September 19, 2006
• Category Other Business
1. SUBJECT: ROCK CREEK BRIDGE AND KENT-KANGLEY ROAD VEHICLE
WEIGHT RESTRICTIONS, ORDINANCE — ADOPT
• 2. SUMMARY STATEMENT: Staff requests adoption of this ordinance which adds
a new section to Chapter 9 36 of the Kent City Code, entitled "Vehicle weight
restrictions " This new chapter will specifically restrict the maximum gross vehicle
weights allowed on the Kent 5 Bridge at Rock Creek until it is replaced and will further
restrict maximum gross vehicle weights on an adjoining portion of Kent-Kangley Road
until the road and bridge are repaired. The City recently closed and repaired this bridge
primarily because of significantly increased heavy-load traffic to the transport to fill
from businesses east of the Clark Springs area to the Port of Seattle's SeaTac Airport
third runway project The bridge can no longer safety withstand or accommodate
allowable maximum vehicle weight restrictions as established under state law. These
new restrictions are necessary to protect the road from further damage.
. 3. EXHIBITS: Public Works memorandum and ordinance
• 4 RECOMMENDED BY: Public Works 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 &r hq&y'1 seconds
`) r-e r('CIS
to adopt Ordinance No.3 `6, which esta 's es new v cl weight restrictions for
the Kent 5 bridge at Rock Creek and an adj 'm onion �Kangley Road.
DISCUSSION: y^-D
• ACTION: me
Council Agenda
Item No. 7C
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
Phone 253-856-S500
KENT Fax 253-856-6500
WASHINGTON
Address: 220 Fourth Avenue S.
• Kent, WA 98032-5895
• Date: September 7, 2006
• To: Public Works Committee
Chairperson: Debbie Raplee
Council Members: Ron Harmon and Tim Clark
PW Committee Meeting Date: September 11, 2006
• From: Larry R. Blanchard, Public Works Director
Subject: Submittal of an Ordinance Establishing a Vehicle Weight Restriction for
• Kent Kangley Road and Kent 5 Bridge @ Rock Creek
RE: Weight Restrictions to Protect Infrastructure from Accelerated Damage
• ITEM 3
Motion: Required ❑ Not Required ❑ For Information Only
• Authorize a Vehicle Weight Restriction Ordinance for Kent Kangley Road and Kent
5 Bridge at Rock Creek in a form to be finalized by the City Attorney and the Public
• Works Director prior to signing the Ordinance by the Mayor.
• Will document be required?
Ordinance ❑ Resolution ❑ Agreement ❑ Contract
• ❑ Policy ❑ SOP's ❑ Other
• Background/History:
Annually the Public Works Department inspects each of its bridges under Kent jurisdiction to
• make sure that they are structurally sound, and that there are no safety concerns. Initial
• inspection of bridge # 08347800 or commonly referred to as Kent 5 Bridge @ Rock Creek
revealed deterioration of the bridge to unacceptable levels requiring the need to establish vehicle
• weight restrictions for the bridge.
At the August 7, 2006 Public Works Committee meeting staff presented a staff memorandum
• titled "Kent Kangley Road at Rock Creek Structural Report and Recommendations on Bridge-
Authorize" to the committee. The Public Works Committee then in turn recommended the
following for full City Council approval:
• 1) Proceed with establishing a vehicle weight restriction on Kent Kangley Road due to the
restrictions caused by the deterioration of the bridge crossing Rock Creek An ordinance will
• be prepared and submitted to the Public Works Committee for recommendation to the City
• Council.
1
2) Authorize the Mayor to enter into an agreement with King County upon approval of the •
language of said contract by the City Attorney and the Public Works Director for design and
interim repair service as the case may be for the Rock Creek Bridge. The contract with King
County shall not exceed $75,000. •
The Public Works Department was preparing the Vehicle Weight Restriction Ordinance when
further structural review of Kent 5 Bridge @ Rock Creek uncovered more severe damage to the
bridge then had first been determined. Deterioration and damage of the structural components •
of the bridge were barely capable of carrying the weight of the bridge let alone traffic. Based on
this evaluation the Public Works Department immediately closed Kent Kangley Road at
Landsburg and Summit Roads to prevent access across the bridge. .
The Kent Public Works Department then entered into an agreement with King County
Department of Transportation to repair the bridge. Repair work began on August 25, 2006 •
repairs were made and the road and bridge reopened on September 1, 2006. Now that the
bridge has been repaired the structural engineer will provide a recommended limit for the bridge
and Kent Kangley Road. •
Summary:
The Legal Department has prepared a Ordinance to limit the weight of vehicles traveling on the •
city's portion of Kent Kangley Road and Kent 5 Bridge @ Rock Creek. Although the complete •
structural report establishing the vehicle weight restriction of the above mentioned facilities has
not been finished as of the date of this memorandum part of the recommendation is to authorize •
the City Attorney and Public Works Director to finalize the language as necessary prior to signing •
the Ordinance by the Mayor.
The Public Works Department and the Police Department will develop a method for enforcing the •
Vehicle Weight Restrictions Also, we will work with Kangley Sand and Gravel, and Watson
Asphalt to establish an equitable process for utilizing Kent Kangley Road and Kent 5 Bridge Cgs
Rock Creek. •
Recommendations:
Authorize a Vehicle Weight Restriction Ordinance for Kent Kangley Road and Kent 5 •
Bridge @ Rock Creek in a form to be finalized by the City Attorney and Public Works
Director prior to signing the Ordinance by the Mayor.
Attached: Ordinance Vehicle Weight Restrictions Rock Creek Kent-Kangley
2 •
• ORDINANCE NO.
AN ORDINANCE of the city council of the city of
. Kent, Washington, adding a new section to Chapter 9.36
• of the Kent City Code, entitled "Vehicle weight
restrictions," which will restrict the maximum gross
vehicle weight allowed on Kent 5 Bridge at Rock Creek
• to tons or pounds until it is replaced and
on a portion of Kent-Kangley Road to _ tons or
i pounds until it is repaired. [*Note: Final
• weight restriction will be confirmed by King
County Road Services Division prior to city council
meeting.]
RECITALS
A. The Kent 5 Bridge at Rock Creek ("Bridge") was built in 1958 and
• acquired by the city of Kent through annexation in 1989 along with a portion of
• Kent-Kangley Road.
• B. Due to the age of the Bridge, major deficiencies as noted in a recent
• inspection report, and significantly increased and consistent heavy-load traffic over
• the Bridge related to the transport of fill from businesses east of the Clark Springs
• area to the Port of Seattle's SeaTac Airport third runway project, the Bridge can no
• longer safely withstand or accommodate the allowable maximum gross vehicle
• weights as provided for under Revised Code of Washington ("RCW") 46.44.
• C. RCW 46.61.450 allows a local jurisdiction to determine and declare
the maximum gross weight that any bridge within its jurisdiction can withstand and
• accommodate safely.
• 1 Vehicle Weight Restrictions—
Kent 5 Bridge and Kent-Kangley Road
D. RCW 46.44.080 also allows a local jurisdiction to impose maximum
vehicle weight restrictions on any public highway in its jurisdiction when it is
necessary to protect the highway from undue damage resulting from conditions
such as the significantly increased heavy-load traffic that has already caused
damage to the portion of Kent-Kangley Road near the Clark Springs area
E. RCW 35A.12.130 provides that a city may pass an ordinance to be
effective immediately if it is designated as a public emergency ordinance necessary
to protect public health, safety, property or peace and passed by a majority plus
one vote of the whole membership of the city council.
F. Based upon a technical recommendation from the King County Road
Services Division, which provides bridge and road maintenance services to Kent
through an interlocal agreement, the city's public works director recommends, and
the city council desires, to designate this ordinance as a public emergency
ordinance necessary to protect public safety and property to become effective upon •
adoption and to declare maximum gross weight limits on the Bridge until it can be •
replaced and an adjoining portion of Kent-Kangley Road near the Clark Springs •
area until it can be repaired. •
NOW THEREFORE, THE CITY COUNCIL Of THE CITY OF KENT, •
r
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: •
ORDINANCE •
SECTION 2. - Amendment. A new section 9.36.070 is added to the Kent •
City Code, entitled "Vehicle weight restrictions," as follows: •
Sec. 9.36.070. Vehicle weight restrictions. •
A. Maximum gross weight restriction on Kent 5 Bridge at Rock Creek. In •
accordance with Ch. 46.61.450 RCW, it is unlawful for any person to operate a
vehicle or combination of vehicles over the Kent 5 Bridge at Rock Creek located on •
Kent-Kangley Road with a gross vehicle weight over _ tons or pounds •
2 Vehicle Weight Restrictions—
Kent 5 Bridge and Kent-Kangley Road •
licensed gross vehicle weight. [*Note: Final weight restriction will be
confirmed by King County Road Services Division prior to city council
meeting.] School buses, public transit buses, emergency vehicles, public utility or
municipal and county vehicles, and solid waste disposal vehicles are exempt from
this section.
B. Maximum gross weight restriction on a portion of Kent-Kangley Road. In
accordance with Ch. 46 44 080 RCW, it is unlawful for any person to operate a
vehicle or combination of vehicles over that portion of Kent-Kangley Road located
within Section 26-22-06 _ with a gross vehicle weight over _ tons or
pounds licensed gross vehicle weight. [*Note: Final weight restriction will be
• confirmed by King County Road Services Division prior to city council
meeting.] School buses, public transit buses, emergency vehicles, public utility or
municipal vehicles, and solid waste disposal vehicles are exempt from this section.
C. Violations. A violation of this section is a traffic infraction punishable by the
allowable monetary penalty (currently a base penalty of $177) under the Infraction
• Rules for Courts of Limited Jurisdiction ("IRU") Section 6.2, as amended from time
• to time. In addition to any penalty for violation of the provisions of this section,
• such violator may be liable in a civil action instituted in the name of the city for any
• damages to the Bridge or Kent-Kangley Road sustained as a result of such
• violation.
• SECTION 2. - Severability. If any one or more sections, subsections, or
• sentences of this ordinance are held to be unconstitutional or invalid, such decision
• will not affect the validity of the remaining portion of this ordinance and the same
• will remain in full force and effect.
SECTION 3. - Effective Date. Pursuant to RCW 35A.12.130, this ordinance
• is designated as a public emergency ordinance necessary to protect public safety
and property and will take effect and be in force immediately upon adoption as
. provided by law, but the weight restrictions imposed by this ordinance can only
• 3 Vehicle Weight Restrictions—
• Kent 5 Bridge and Kent-Kangley Road
•
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take effect upon the date that the city of Kent erects and maintains suitable signs i
stating the maximum gross weights declared in this ordinance in accordance with •
Washington law.
•
•
•
SUZETTE COOKE, MAYOR •
•
•
ATTEST: •
•
BRENDA JACOBER, CITY CLERK •
•
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APPROVED AS TO FORM: •
•
•
TOM BRUBAKER, CITY ATTORNEY •
•
PASSED: day of , 2006. •
•
APPROVED: day of , 2006. •
PUBLISHED: day of , 2006. i
•
I hereby certify that this is a true copy of Ordinance No. passed by the city •
council of the city of Kent, Washington, and approved by the Mayor of the city of i
Kent as hereon indicated. •
•
(SEAL) •
BRENDA JACOBER, CITY CLERK •
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•
P\Civil\Ordinance\Vehicle Weight Restrictions Rock Creek Kent-Kangleykmlrev doc i
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4 Vehicle Weight Restrictions— •
Kent S Bridge and Kent-Kangley Road i
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REPORTS FROM STANDING COMMITTEES AND STAFF
• A. COUNCIL PRESIDENT
•
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B. MAYOR
C. OPERATIONS COMMITTEE
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D. PARKS AND HUMAN SERVICES COMMITTEE
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• E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
• /r
F. PUBLIC SAFETY COMMITTEE
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G. PUBLIC WORKS
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• H. ADMINISTRATION(� Q ' Pkj
• • U���d��e� rv1 � Q�u-K-P��.v �J �
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• nkC +`'
REPORTS FROM SPECIAL COMMITTEES
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`/ KENT'
• CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
August 8, 2006
S
• COMMITTEE MEMBERS: Bob O'Brien, Les Thomas, and Ron Harmon, Chair
• The meeting was called to order by Chair Ron Harmon at 5:04 PM.
. • Chair Harmon called for any additions to the agenda, there were none.
1. Approval of Minutes
• Les Thomas moved to approve the minutes of the July 11,2006 meeting.
The motion was seconded by Bob O'Brien and passed 3-0.
2. Amend KCC 9.34.020 to Include Appeal Provision of Assessed Booking Fees - ADOPT
Patrick Fitzpatrick, Deputy City Attorney,explained the purpose of the proposed ordinance
Bob O'Brien moved to recommend the City Council adopt the proposed ordinance which
. amends KCC 9.34.020 to include a provision for appealing booking fee assessments.
The motion was seconded by Les Thomas and passed 3-0.
3. Correctional Facility Control System Replacement- AUTHORIZE
Charlie Lindsey, Superintendent of Facilities, reviewed the vendor selection process
. Les Thomas moved to recommend that Council authorize the mayor to enter an agreement
with ESC Innovative Solutions in the amount of$270,207 to furnish and install a detention
control system at the Correctional Facility.
. The motion was seconded by Bob O'Brien and passed 3-0.
4. City of Kent Fire Department 2006 Organizational Chart—INFO ONLY
• Jim Schneider, Fire Chief, reviewed the 2006 Organizational Chart
5. Kidde Fire Trainers Lease Agreement Renewal-AUTHORIZE
Jim Schneider,Fire Chief, reviewed the facility lease agreement
Bob O'Brien moved to recommend Council authorize the Mayor to sign,on behalf of the City,
the facility lease agreement renewal with Kidde Fire Trainers.
The motion was seconded by Les Thomas and passed 3-0.
6. Washington State Military Department grant—ACCEPT and AUTHORIZE
Jim Schneider, Fire Chief, recognized Kimberly Behmeyer for her work on the grant
• Les Thomas moved to recommend Council accept the Washington State Military Department
grant in the amount of$95,300 and authorize the Mayor to sign the agreement.
The motion was seconded by Bob O'Brien and passed 3-0.
7. Public Housing Safety Initiative program—APPROVE and AUTHORIZE
Chuck Miller, interim Chief of Police, explained the purpose of the program
Bob O'Brien moved to recommend that Council approve the Public Housing Safety Initiative
Contract for Services between the King County Housing Authority and the Kent Police
Department,subject to approval by the Law Department, authorize signing of the agreement
and place this on the Consent Calendar of the August 15, 2006 Council Meeting.
• The motion was seconded by Les Thomas and passed 3-0.
8. East Hill Burglaries— Update by Police—INFO ONLY
Chuck Miller, Interim Chief of Police, gave an update on the burglaries that have occurred since
March 2006 He stated that many arrests have been made of young adults and juveniles, but it seems
there are several unrelated groups involved in the burglaries
9. Security Issues at Kent Station—INFO ONLY
Chuck Miller, Interim Chief of Police, spoke about enforcement issues being used at Kent Station •
In addition to Kent Police bike units and volunteer patrols, King County Metro's security and Sound
Transit's security are also involved.
Added:
• Chair Ron Harmon asked Chuck Miller for an update on hiring for the police department
Committee members noted they wanted the City to get in front of crime and possibly hire more
police officers to accomplish that John Hodgson, Chief Administrative Officer, stated that the
City is aggressively hiring for both police and fire departments, especially when considering
possible annexation and future retirements. .
• Les Thomas relayed a comment from a couple of citizens about some changes in retail •
businesses along Meeker Street Mayor Cooke was aware of the comment, she has personally
visited some of the new businesses and stated that they are very safe,just different and that it's
part of our changing culture and a sign of the evolution of our community into an urban city .
• Chair Harmon recognized Mr Tom Sharp, P O Box 918,Maple Valley, WA, a property owner
for over twenty years, who spoke about crime at town homes on the East Hill, that he supports
the police department, and that he is in support of increasing police resources in the current
budget in an effort to make people feel safer
The meeting adjourned at 6:30 PM.
Jo Thompson
Public Safety Committee Secretary
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Public Safety Committee Minutes 2 •
August 8,2006 .
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PUBLIC WORKS COMMITTEE MINUTES
August 21, 2006
• ITEbII
i COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and Committee Member Ron
Harmon and Tim Clark were present. The meeting was called to order at 5.40 p.m.
1) Approval of Minutes Dated August 7, 2006
. Committee Member Ranniger moved to approve the minutes of August 7, 2006. The motion was
• seconded by Harmon and passed 3-0.
2) Discussion Only/Garbage Process
. Larry Blanchard, Public Works Director noted that we will continue to develop better
communication processes for future mailings. He also wanted to clarify with committee members
• that there will be no enforcement for people that do not have service (at this time) as long as there
aren't any complaints or public health issues. The committee would like to be kept up to date on
violations.
Discussion Only/No Motion required
• 3)Resolution for L.I.D. 361-277th Street Corridor (Auburn Way to Kent-Kangley Road)
Tim LaPorte, Design Engineering Manager, gave a brief history stating that various properties had
recently developed or were in the process of developing at the time L.I.D. 351 was formed and
• through executed Environmental Mitigating Agreements (EMA) were required to participate in the
funding of the new corridor project via the LID funding mechanism, but were inadvertently omitted
from inclusion in the L I.D. On August 17, 2004 the Public Works Department sought and received
. concurrence regarding the inclusion of these omitted properties within L.I D. 351 The City is now
ready to proceed with the hearing and ordinance to include the omitted properties. A lengthy
discussion ensued about notifying property owners of possible L.I.D. costs other than on their Title
report at the time of closing. LaPorte stated that notices had been sent out to property owners on
• several occasions; October 2004 and as recent as March 2006.
Harmon moved to recommend adoption of the Resolution of Intent setting a public
• hearing for the final assessment roll on properties omitted from LID 351, for the
inclusion of 123 properties for L.I.D. 351 (361) as shown on the attached map. A friendly
• amendment was made by Harmon to hold the hearing before a Board of Equalization
. comprised of the members of the Public Works Committee. The item will then be taken
to Council under Other Business. The motion was seconded by Raplee and passed 2-1.
• (The no vote came from Ranniger, but we do not need to put this in the minutes)
r, 4) Condemnation Ordinances 3767 and 3768
. Tom Brubaker, City Attorney summarized that the City Council adopted two ordinances which
authorized condemnation of all necessary real property and property rights for the city's
construction of the 2771h Street corridor extension and S 228th Street grade separation projects.
Brubaker noted that the body of Ordinances Nos. 3767 and 3768 were correct, however, the
caption was misleading, he wanted to clarify the summary statement. The two proposed ordinances
clarify council's intent to order condemnation of all real property and/or property rights necessary
• to construct the projects.
Ranniger moved to recommend council adopt the proposed ordinances which amend
• Ordinance Nos. 3767 and 3768 to correct inconsistencies contained in the summary
statements for those ordinances and to clarify the scope of the projects for which
condemnation is necessary. The motion was seconded by Harmon and passed 3-0.
Page 1 of 2
. P\Pubhc\AdmtnS,.ppm\PWCommrtlx\MmN d,,
PUBLIC WORKS COMMITTEE MINUTES
August 21, 2006
5)Consultant Presentation — TMP Street/LOS
Don Samdahl, Consultant for Mirai gave an informative PowerPoint presentation on the
Transportation Master Plan. He went over the existing (2006) and future (2030) traffic conditions .
showing many informative slides. He also went over what the next steps are.
Presentation/No Motion required
6) 271st St Petition to Install Speed Bumps, Speed Study & Recommendation .
Steve Mullen, Transportation Engineering Manager went over the two phases of the Neighborhood .
Traffic Control Program, Resolution 1546. The goal of the program was to involve the public.
Mullen went over the history of this request and the neighborhood plan as well as the studies that •
took place. Mullen recommended to come back in one year and re-evaluate. A lengthy discussion •
ensued regarding the use of temporary speed humps and placing a stealth radar that would run for
longer than 31 consecutive hours. ,
Public Comment:
Jerry Johnson and Ben Khazoyan spoke on behalf of installing temporary speed humps on 114'n
and 2715t Street. They would also like to see a speed study be done for seven (7) consecutive •
days.
Harmon moved to direct staff to set up a speed study for seven (7) consecutive days and •
to install temporary speed humps on 2715t . The motion was seconded by Ranniger and
passed 3-0.
7) Notice of Cancellation/Public Works Committee Meeting September 4, 2006
Larry Blanchard, Public Works Director informed the committee that the September 4, 2006 Public
Works Committee will be canceled due to the holiday.
Ranniger moved to cancel the September 4, 2006 Public Works Committee meeting due
to the Labor Day holiday. The motion was seconded by Harmon and passed 3-0.
8) Notice of Special Meeting/Public Works Committee Meeting September 11, 2006
Larry Blanchard, Public Works Director informed the committee that the September 11, 2006 Public •
Works Committee will hold a special meeting on September 11, 2006.
Harmon moved to hold a special Public Works Committee meeting on September 11,
2006. The motion was seconded by Ranniger and passed 3-0. •
Added Item/Rock Creek Bridge Closure: •
Gary Gill, City Engineer gave an update on the Emergency closure of the Rock Creek Bridge. He .
said that the County will be doing the repairs after all the permits have been issued. They will do
their best to expedite the repairs so that the bridge can re-open.
Adiourned: •
The meeting was adjourned at 7:45 p.m.
Next Meeting Scheduled for: •
Monday, September 11, 2006, 5:00 p.m.
Cheryl Viseth, Administrative Assistant III
PVPnblldAdmmSU ,PWCor ittccAMinutes doe
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