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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 04/03/2007 AM 1 City of Kent City Council Meeting 5 Agenda April 3, 2007 Mayor Suzette Cooke Deborah Ranniger, Council President j Councilmembers Elizabeth Albertson Bob O'Brien Tim Clark Debbie Raplee Ron Harmon Les Thomas I KEN T WASHINGTON 1 City Clerk's Office KENT CITY COUNCIL AGENDAS KENT Aprll3, 2007 W^s H IN G T O N Council Chambers MAYOR- Suzette Cooke COUNCILMEMBERS: Deborah Ranmger, President Elizabeth Albertson Tim Clark Ron Harmon Bob O'Brien Debbie Raplee Les Thomas COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Annexation Fred Satterstrom/ 60 minutes Bob Nachlinger COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC—Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition " B. Community Events C. Sister City Honors and Awards Presentation D. Neighborhood Program Report w� C� L el E. Proclamation— Disaster Preparedness Month �f} o F. Er��lcxfe� 01 fh.t ytnon4h 5. PUBLIC HEARINGS None 6. CONSENT CALENDAR A. Minutes of Previous Meeting—Approve B. Payment of Bills—Approve C. 2006 REET1 Funds for Facilities Project—Authorize D. 2006 REET2 Funds for Facilities Project—Authorize E. 2006 REET2 Funds for Parks and Open Space Projects—Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED F. 2006 REET2 Funds for Parks and Open Space Projects—Authorize G. Speed Limit on 114th Avenue SE, between Kent-Kangley Road & SE 269th Street—Resolution—Adopt IT So H. LID 353 Segregation Assessment Resolution—Adopt (751 I. Kent Rotary Donation for Trailer Purchase—Accept and Amend Budget J. Green River Trail Donation— Accept and Amend Budget K. Quota International of Kent Valley Donation for Service Club Park—Accept and Amend Budget L. Dena Laurent Memorial Garden Donation—Accept and Amend Budget M. S. 228th Street Riverview Boulevard Overpass—Accept as Complete pled 7. OTHER BUSINESS �o A. Vista ands g Rezone (QUASI-JUDICIAL PROCEEDING) 8. BIDS B. LID 359 116th Avenue SE Improvements (Kent-Kangley Road to SE 256th Street) 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. CONTINUED COMMUNICATIONS 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A 2cuadina t rtiga Ton /J_ 12. ADJOURNMENT '(/G I I 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. 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Citv Council Action: Councilmember % moves, Councilmember seconds to approve Consfdnt Calendar Items A through M. Discussion Action ' 6A. Approval of Minutes. Approval of the minutes of the regular Council meetings of March 6 and March 20, ' 2007 6B. Approval of Bills. Approval of payment of the bills received through March 15 and paid on March 15 after auditing by the Operations Committee on March 20, 2007 Approval of checks issued for vouchers: Date Check Numbers Amount 3/15/07 Wire transfers 2764-2784 $1,939,991 97 3/15/07 Regular 605333-606088 2,100,851.15 Use Tax Payable 2,807.71 $4,043,650 83 Approval of checks issued for payroll for March 1 through March 15 and paid on March 20, 2007: Date Check Numbers Amount 1 3/20/07 Checks 296440-296699 $ 207,379 59 3/20/07 Advices 210382-211081 $1.319,133 34 Total Regular Payroll $1,526,512 93 Council Agenda Item No. 6 A-B 1 ��• Kent City Council Meeting K C N T March 6, 2007 YV A S..NGTON The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present Albertson, Clark, Harmon, O'Brien, Ranmger, Raplee and Thomas. (CFN-198) ' CHANGES TO AGENDA Changes from the Public. (CFN-198) At the request of audience members Continued Communications Items A and B were added. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Councilmember O'Brien congratulated the Kentridge boys basketball team for placing 2nd at state, the Kentwood girls basketball team for placing 3rd at state and the Kentwood boys basketball team for placing 8th at state B. Community Events. (CFN-198) Ranmger announced that Spring Quarter registration for parks classes begins on Wednesday, March 7th She also announced that the Spotlight Series Production will host Karla Bonoff at the Kentwood Performing Arts Center on Friday, March 9th at 8 00 p.m., and the Missoula Children's Theatre will perform their production of the "Pied Piper" at Glenridge Elementary School on Saturday, March loth from 3 to 7 p in Ranmger also announced the Student Art Exhibit and Art Walk, the reception will be held at the Centennial Center on Friday, March 16th from 5-7 p m , and the self guided art walk March 12th-23rd C. State of the City Address. (CFN-198) Mayor Cooke presented her State of the City address for 2007. She spoke about Kent's many changes, and of becoming a unique urban center She addressed the six strategic goals identified by Council in its plan. She stated that Kent is a city of industry, manufacturing, distribution, and transportation. Mayor Cook spoke about the traffic improvements that have been made, the sports town Kent has become, Kent Station Phases 3 and 4,Project Springboard, historical downtown, Town Square Plaza, the West Hill commercial transformation, and the growing ethnicity. She also spoke about public safety, regional issues, continued initiatives and new initiatives. I D. Economic Development Report. (CFN-198) Economic Development Director Wolters, noted that Kent is a finalist for a new plant for a regionally known manufacturer that could bring well over 100 new jobs He updated Council on job growth, business revenue growth and the ' potential demand for the type of events that can be held at the Kent Events Center. CONSENT CALENDAR RANNIGER MOVED to approve Consent Calendar Items A through M. Clark seconded and the motion carved. ' A. Approval of Meeting. (CFN-198) The minutes of the regular Council meeting of February 20, 2007, were approved. ' B. Approval of Bills. (CFN-104) Payment of the bills received through February 15 and paid on February 15 after auditing by the Operations Committee on February 20, 2007, were approved. ' 1 Kent City Council Minutes March 6, 2007 , Approval of checks issued for vouchers: Date Check Numbers Amount 2/15/07 Wire Transfers 2729-2748 $1,727,229.55 2/15/07 Regular 604430-305110 3,641,965 71 Use Tax Payable 2,381.09 , $5,371,576.35 Approval of checks issued for payroll for February 1 through February 15 and paid on February 20. 2007 , Date Check Numbers Amount 2/20/07 Checks 295902-296177 $ 214,636.93 ' 2/20/07 Advices 208988-209684 1,302,083 72 Total Regular Payroll $1,516,720.65 C 2006 Second Half Budget Adjustment Ordinance. (CFN-186) Ordmance No 3829 approving the consolidated budget adjustments made between July 1, 2006, and December 31, 2006, totaling $6,194,760 was adopted. D. Dou2 Levy Consulting Services Agreement. (CFN-1216) The Mayor was authorized to sign the 2007 Consultant Services Agreement with Outcomes by Levy in the amount of$5,000 per month, plus agreed expenses, upon review of final contract language by the City Attorney. E. Ridge at Garrison Creek Final Plat. (CFN-1272) The final plat mylar for the Ridge at Garrison Creek was approved and the Mayor was authorized to sign the mylar Barghausen Consulting Engineers proposes to subdivide approximately 9 16 acres into 22 single-family residential lots The property is located at 22731 and 22821 100`h Avenue SE. F Cantera Final Plat. (CFN-1272) The final plat mylar for.Cantera was approved and the Mayor was authorized to sign the mylar. SBI Developing, LLC proposes to subdivide approximately 19.5 acres into 75 single-family residential lots. The property is located at 27864 1241h Avenue SE. G. 2006 Consolidated Annual Performance and Evaluation Report (CAPER). (CFN-118) Submission of the 2006 Consolidated Annual Performance and Evaluation Report to the Department of Housing and Urban Development was approved H. King County Developmental Disabilities Grant. (CFN-118) The Developmental , Disabilities Grant from King County was accepted and the expenditure of funds in the Day Camp Budget were approved I. Kent Parks Foundation Donation for Carousel. (CFN-104) The donation from the Kent Parks Foundation of$48,000 to support the Carousel purchase was accepted and the expenditure of funds in the Town Square Park Budget was approved. The Carousel will reside primarily at the , new Town Square Park located at the Municipal Lot. It will be used during the holiday season and will be available throughout the year for fund raising events. Rental fees, user fees and donations paid by riders will cover set up, take down, and maintenance of the carousel. , 2 Kent City Council Minutes March 6, 2007 J. King Conservation District Grant for Service Club Park Plantings. (CFN-118) The King Conservation District Number 9 Grant of S 11,339 91 to fund the Service Club Ballfield Project was accepted and the expenditure of funds in the Service Club Ballfield budget was approved. K. Corrosion Control Design Consulting Contract, Guiberson Reservoir. (CFN-I 111) The Mayor was authorized to sign a consultant services agreement with Kennedy Jenks Consultants in an amount not to exceed $193,370, upon concurrence of the language therein by the City Attorney and Public Works Director In order to maintain compliance with the Lead and Copper Rule, the City is required to construct a pH adjustment facility at the Guiberson Reservoir. L. R.W. Beck Consulting Contract, Earthworks Park Dam Design. (CFN-119) The Mayor was authorized to sign a consultant services agreement with R W. Beck, Inc in an amount not to exceed $84,894 upon concurrence of the language by the City Attorney and Public Works ' Director M Residential Development Standards Ordinance. (CFN-131) Ordinance No. 3831 affirming Council's vote taken on February 6, 2007, to adopt residential development standards including provisions such as the creation of on-site recreation space, diminished garage doors, perimeter landscape buffering, mixed housing types in single family zones, reduced minimum lot size, stronger tree protection, and residential design review was adopted OTHER BUSINESS A. Biorgo Rezone (CFN-121) The proposed ordinance relates to the proposed rezoning of approximately 1.84 acres of real property from Single Family Residential, 4 5 units per acre, to Single Family Residential, 6 units per acre. The property is located at 24423 94th Avenue South. The Kent Hearing Examiner held a public hearing on January 17, 2007, and on January 31, 1007, issued Findings, Conclusions, and a Recommendation for approval. Matt Gilbert, Planning Services, presented a brief overview and answered questions from Councilmember Clark. City Attorney Brubaker explained the quasi-judicial process and determined there were no ex parte communications on this issue. Gilbert answered council members questions regarding road improvement and that as development takes place in this area, 94th will be widened and improved. Brubaker stated he can ' recommend to staff to consider a condition be put into place to develop 94th Avenue South. HARMON MOVED to accept the Findings, Conclusions and Recommendation of the Hearing Examiner on the Bjorgo Rezone and to adopt Ordinance No. 3831. Clark seconded. Councilmembers Harmon and Clark both commented that they would hope staff will take the connectively and road improvements into consideration Clark said he seeks administrations lead ' to re-address the current codes especially development in areas without room for sidewalks. The motion then carried unanimously. ' B Proposed Kent Events Center— Design and Development Milestone Report and Recommendation. (CFN-1305) In the fall of 2006, Kent City Council authorized 1.3 million dollars to begin funding the design and development of the proposed Kent Events Center On 3 Kent City Council Minutes March 6, 2007 January 16, 2007, Kent City Council authorized an additional $959,000.00 to continue design development and work with M.A. Mortensen Construction to determine a detailed cost estimate of ' construction, based on schematic designs from LMN/PBK Architects. CAO Hodgson gave an overview of what was presented at workshop. Mamie Heffron, Heffron Transportation, gave a brief overview of the parking and traffic and how it is being mitigated. ' Granger Stuck, MA Mortensen Construction, outlined development of the budget with architects and Thunderbirds. He said that$42,150,000 will not increase from now to October 2008, when we "drop the puck" for the project. Brad Tong, SOJ Project Managers, gave an overview of the costs break down which included ' direct and indirect construction costs for a projected budget of about$67 million. Bob Nachlmger, Finance Director, gave an overview of the bonding capacity, revenues, economic ' benefits, and Limited Tax General Obligation Bonds Nachlmger answered Clark and O'Brien's question that this project will basically come from , Limited Tax Obligation Bonds and revenue from facility rental He stated that for transportation projects the gasoline tax fund is used, City Council allocates 25% of sales tax money to Capital, there is a real estate excise tax, a portion of the City's utility taxes go to Capital and these are the revenue screens for those non-revenue producing transportation projects and that LTGO bonds have also been used for sewer projects which are revenue supported. Nachlmger answered Harmon's question about the Washington Avenue Fire Station which is an additional building being added to existing fire stations and is not jeopardizing public safety by not being built Nachlmger responded to Albertson's question that approximately one quarter of one percent on , the interest is $3 million plus on the financing. Hodgson stated Council is being asked to allocate additional funds to keep going with the process to continue design work with Mortensen who would be working with LMN and PBK Architects to start construction documents He also stated materials would be ordered and by May Ist would let the steel foundry know whether or not to proceed. Hodgson stated a national firm with roots in Kent, would provide a substantial amount of money, some up front and another set of funds over the next 20 years for the right to name the building after them. He also noted that this project would be difficult to achieve without legislative support Hodgson stated that there are two paths one is direct capital appropriation and the other called Public Facility District, there are only 22 around the state, they fund event centers, convention centers and also fund Qwest Field and Safeco , Field. He also stated that state legislation limits any more PFD's in King County. Hodgson said tonight Council will be asked for more funding to keep this project going and if funding becomes available materials will be ordered, materials will be purchased and construction will start later this spring or early summer Mike Miller, Chair of the Event Center Citizens Advisory Committee, stated the committee has , been working since June 2006, visited several event center sites, participated in the interviews of the two major contractors, gone to Olympia and testified before the House and Senate, had 4 ' ' Kent City Council Minutes March 6, 2007 discussions with the City's Lobbyist, and most importantly received input from citizens here in Kent He said that by downsizing the number of seats from 6500 to 6025 and 160,000 square feet down to 150,000 square feet has saved $3 million which helped make this project work Miller stated that the Committee voted unanimously in support of this project and going forward. Ranniger read a letter from Puget Sound Sports and Entertainment LLC in support of the Center. She read that they are currently seeking home venues for the 2008-2009 basketball and football ' seasons. She read that they know how important it is for the long-term success of a new facility to book regular tenants, and how critical it is for minor league sports teams to have proper venues. Ranniger read that they would like to enter into long-term lease discussions at the appropriate time Hodgson answered O'Brien's question that the City has every intention of interviewing and getting professional operators to run the Events Center Hodgson answered Raplee's question about voting for the Events Center. He stated that usually we're asking citizens to raise their taxes and in this particular case, given support from the state. funding can be derived with revenues from the facility. O'Brien commented on the November election and putting the issue on the ballot at that time. Mayor Cooke noted that issues related to the Supplemental EIS should be addressed to Charlene Anderson, Planning Services. The following people spoke in favor of the Events Center. Carlos Sosa, Auburn ' Randy Romsh, Kent Jason Thomsen, Kent Tina Thomsen, Kent Lewis Sellers, Kent Donna Watts, Kent Jack Cosby, Kent ' Dave Lutes, Kent Kelly Metzler, Bunen Jodi Harker, Kent Dave Fairbaim, Renton Norm Larson, Sumner RAPLEE MOVED to authorize the Mayor to expend up to an additional $620,000 and to take all acts necessary to continue the design and development of the proposed Kent Events Center, to ' enter into all related contracts and other agreements, and further, to authorize and ratify all acts consistent with this and other funding authorizations under the authority granted by this motion. Hannon seconded A secondary motion was made to make the letter Councilmember Ranniger read from Puget Sound Sports and Entertainment, LLC be made a part of the record Raplee seconded and the ' motion carried. Council members Clark, Thomas, Raplee, Albertson, and Hannon all spoke in favor of going forward with the Kent Events Center O'Brien felt that the people should have an opportunity to vote. Ranniger expressed a couple of concerns such as state funding and the parking issue. Mayor Cooke reiterated that this vote was to continue working forward not a final vote. ' 5 Kent City Council Minutes March 6, 2007 Clark called for the question and the motion passed 6-1 with Albertson, Clark, Harmon, Ranniger, , Raplee and Thomas in favor and O'Brien opposed REPORTS Council President. (CFN-198) No report was given. Mayor's Report. (CFN-198) No report was given. Operations Committee. (CFN-198) No report was given. ' Parks and Human Services Committee. (CFN-198) No report was given. , Planning and Economic Development Committee. (CFN-198) No report was given. Public Safety Committee. (CFN-198) Thomas noted that the next meeting is Tuesday, March 13th at 5.00 p in Public Works Committee. (CFN-198) Raplee noted that the next meeting will be held on Monday, March 19th at 5:00 p.m. Administration. (CFN-198) Hodgson noted that on March 19th, public comments will be taken regarding the draft Environmental Impact Statement for the Kent Events Center, at City Hall Council Chambers from 6-8 p.m. He advised that there is no Executive Session. CONTINUED COMMUNICATIONS ADDED ITEM A Residential Design Standards. (CFN-131) Sally McDonough, 26441 137th Avenue SE, expressed concern by comments made by the Master Builders as to the average home sale price of $525,000. McDonough provided housing information regarding 298 homes available for ' $359,000 that she found on the internet RANNIGER MOVED to add the documents provided by Sally McDonough be made a part of the record. Clark seconded and the motion carried. ADJOURNMENT The meeting adjourned at 10.20 p.m. (CFN-198) 1 Mary Simmons Deputy City Clerk , for ' Brenda Jacober City Clerk 6 , • Kent City Council Meeting K E N T March 20, 2007 WA`JHINGTOK The regular meeting of the Kent City Council was called to order at 7:00 p.m by Mayor Cooke. Councilmembers present Albertson, Clark, Hannon, O'Brien, Ranmger, Raplee and Thomas. (CFN-198) CHANGES TO AGENDA A. From Council, Administration, or Staff. (CFN-198) Councilmember O'Brien added items to Other Business Items 7B & 7C "Abstain from Voting" and Clarification of"Long-Term General Obligation Bonds." CAO Hodgson removed Other Business 7A—Vista Landing Rezone. B Changes from the Public. (CFN-198) Denise Simpson thanked Council for postponing Vista Landing Rezone ' PUBLIC COMMUNICATIONS B Community Events. (CFN-198) Ranniger announced that Reilly & Maloney, folk musicians, will perform at the Kent-Meridian High School Performing Arts Center this Saturday, March 24th at 7.30 p m and Hobey Ford's Golden Rod Puppets will perform on Saturday, April 7, at 2 00 p in. at the Kent-Meridian High School Performing Arts Center. C. Public Safetv Report. (CFN-122) Police Chief Strachan gave a bnef public safety presenta- tion He presented the "Chief s Award- Citizen Commendation" to Omar Hassan-Ali and Jibril Nur, who assisted the police department, the fire department and the King County Housing ' Authority during the power outage at the Springwood Apartments on December 14, 2006 D. Introduction of Appointee. (CFN-122) Mayor Cooke introduced Giannmarco Butler her appointee to the Kent Diversity Advisory Board. CONSENT CALENDAR ' RANNIGER MOVED to approve Consent Calendar Items A through N. Clark seconded and the motion carried. A. Approval of Meeting. (CFN-198) There were no minutes to approve B. Approval of Bills. (CFN-104) Payment of the bills received through February 15 and paid on February 15 after auditing by the Operations Committee on February 20, 2007 were approved Approval of checks issued for vouchers: Date Check Numbers Amount 2/15/07 Wire Transfers 2729-2748 $1,727,229 55 ' 2/15/07 Regular Checks 604430-605110 3,641,965 71 Use Tax Payable 2,381.09 $5,371,576.35 ' 1 Kent City Council Minutes March 20, 2007 ' Approval of checks issued for payroll for February 1 through February 15 and paid on ' February 20, 2007 Date Check Numbers Amount 2/20/07 Checks 295902-296177 $ 214,636 93 2/201,07 Advices 208988-209684 1,302 083 72 Total Regular Payroll $1,516,270 65 Payment of the bills received through February 28 and paid on February 28 after auditing by the , Operations Committee on March 6, 2007 were approved. Approval of checks issued for vouchers: ' Date Check Numbers Amount 2/28/07 Wire Transfers 2749-2763 $1,233,375 60 2/28/07 Regular Checks 605111-605332 1,589,700 75 Use Tax Payable 86238 ' $2,823,938 73 Approval of checks issued for payroll for February 16 through February 28 and paid on March 5, 2007: Date Check Numbers Amount ' 3/5/07 Checks 296178-296439 $ t86,016.22 3/5107 Advices 290685-210381 1,318,920.93 Total Regular Payroll $1,504,937.15 C. Interagency Agreements with Seattle-King County Public Health for Paramedic and Medic Units. (CFN-t22) The Mayor was authorized to sign two (2) Inter-agency Lease Agreements with Seattle-King County Public Health. D. Washington School Information Processing Cooperative Interlocal Agreement. , (CFN-1155) The Mayor was authorized to sign an Interlocal Agreement with Washington School Information Processing Cooperative (WSIPC) to allow the City to purchase from vendors using the WSIPC contract when favorable pricing and terms are available. E. Mandatory Garbage Pick Up Ordinance. (CFN-110) Ordinance No 3832 which amends Chapter 7.03 of the Kent City Code, to add an exemption from mandatory garbage service requirements for residents who also own a business in Kent that subscribes to commercial garbage collection service and to make other minor revisions was adopted. F. Proposed LID 362, East Valley Highway, SR 167-S. 212th Street, Resolution Setting Public Hearing Date. (CFN-1306) Resolution No. 1749 setting April 17, 2007, as the hearing date on proposed Local Improvement District 362 ("LID") for the public to comment on or object to the LID before the City Council was adopted. 2 , ' Kent City Council Minutes March 20, 2007 G. King Conservation District Grant Agreement, Riverview Park. (CFN-118) The Mayor was authorized to sign the King Conservation District WRIA Forum's grant agreement award in the amount of$40,000 to be used for the City's Riverview Park Restoration Project. H Corps of Engineers Design Agreement, Riverview Park. (CFN-118) The Mayor was authorized to sign the design agreement between the City of Kent and the US Army Corps of Engineers to complete design for the Riverview Park Restoration Project. I. Soos Creek Sewer & Water District Agreement for Utility Relocation at Upper Meridian Valley Creek Culvert Replacement Project. (CFN-1038) 'The Mayor was authorized to sign the Soos Creek Water and Sewer District Utility Agreement in the amount of$99,221.08, to be spent and reimbursed within the Upper Meridian Valley Creek Culvert Replacement Project at SE 234°i Street, upon concurrence of the language by the City Attorney and Public Works Director. ' J. Kiwanis Club Donation. (CFN-122) The Kiwanis Club donation to the Kent Drinking Driver Task Force (DDTF) in the amount of$200 to help cover costs of print materials for a parent handout at Safety Street during Cornucopia Days was accepted. K. Kiwanis Club Donation. (CFN-122) The Kiwanis Club donation to the Kent Drinking Driver Task Force (DDTF) in the amount of$450 to purchase prizes for the winner of the "Keep A Friend Alive" poster design contest was accepted. L. Washington Association of Sheriffs and Police Chiefs Traffic Safety Grant. (CFN-122) The funds from this grant in the amount of$2,000 to purchase three (3) hand held radar units for the Kent Police Department's Traffic Unit were accepted M Surplus Police Vehicles Two (2). (CFN-122) The surplus of two (2) vehicles that are no longer suitable for use by the City will be sold or disposed of as appropriate was authorized. N Kent Diversity Advisory Board Appointment. (CFN-1127) The Mayor's appointment of Mr Giannmarco Butler to serve as a member of the Kent Diversity Advisory Board was confirmed He will replace Roberto Gonzalez, who resigned his appointment, his appointment will be effective on March 21, 2007 and continue until 9/30/2009. OTHER BUSINESS B. Abstain from Voting. (CFN-198) Brubaker stated that council members are elected to vote but cannot be required to vote, if a council member abstains that vote is not counted either for or ' against the motion that is under consideration and would be recorded by the clerk as an abstention. C. Clarification of"Long-Term General Obligation Bonds. (CFN-198) Finance Director Nachlinger stated that the Limited Tax General Obligation Bonds that the City issues are backed by the full faith and credit of the City and are referred to as limited tax because all the general revenues of the City are pledged for repayment of these bonds except for property taxes. He also stated if revenue bonds were issued it wouldn't be as secure a pledge as the LTGO pledge and consequently the interest rate would be significantly less. Nachlinger noted that when these ' bond's are actually issued and approved by ordinance there is a section that must give the descrip- tion of the project. He stated that if there are funds left over they can be used for two purposes ' 3 Kent City Council Minutes March 20, 2007 which are to pay off the debt and fund another like item, the other fund would have to be a similar ' project. REPORTS , Council President. (CFN-198) No report was given. Mayor's Report. (CFN-198) Mayor Cooke announced there is a lot of activity occurring in Olympia that will certainly affect transportation projects in funding as well as planning She encouraged council members to talk with her regarding these projects in detail Mayor Cooke also introduced Michelle Witham, Communications Manager and Governmental Affairs, and Toni Azzola, who has been hired as the new Neighborhood Program Coordinator. ' Operations Committee. (CFN-198) No report from Operations was given. Clark noted the National League of Cities meeting he attended in Washington DC He said there were four main ' objectives and Congressmen were brought in to talk about those issues and the direction the federal government was taking Clark stated those issues include transportation projects, immigration, social services and telecommunications. Parks and Human Services Committee. (CFN-198) No report was given. Planning and Economic Development Committee. (CFN-198) Harmon noted that the meeting was cancelled this month but that there will be one in April Harmon also announced that the Land Use Planning Board will be holding a public hearing on Monday, March 26th, at 7.00 p in. in Council Chambers, and are looking for public input on residential zoning, the comprehensive plan, and review of the zoning in the Lake Meridian Basin. Public Safety Committee. (CFN-198) Thomas noted that he represented the City, while in Mercer Island to meet with the mayors of various cities on behalf of the Mayor to assess and evaluate the work in progress of the King County Sheriff's Office. He also noted that the City's ' main concern was the transition of the King County Sheriff s Office and the City of Kent Police as the City goes through annexation. Public Works Committee. (CFN-198) No report was given. ' Administration. (CFN-198) Hodgson noted that there will be no Executive Session this evening. ' He also noted that there will be two issues in the legislature that impact the City. He mentioned that the City was able to work with a number of other cities on the Streamline Sales Tax who would be negatively impacted as well as cities that stand to gain from this legislation and work out a bill that went to the legislature. He stated that the bill passed this year and the Governor will be signing it this Thursday at 2.00 p in and it will take effect in July 2008 Hodgson stated that there is a bill in the Senate and the House of Representatives that would provide some State funding for the Kent Events Center and was happy to announce that the bill coming out of the House has passed by a vote of 80-16. He noted that it is combined with an event center more on an ' equestrian emphasis in Lewis County but limits funding to facilities less than 10,000 seats He also stated that this bill would allow a public facility district funding mechanism in the next few years and that timing would be complicated. , 4 , ' Kent City Council Minutes March 20, 2007 ' ADJOURNMENT ' The meeting adjourned at 7:50 p.m. (CFN-198) Mary Simmons Deputy City Clerk i5 1 Kent City Council Meeting Date April 3, 2007 Category Consent Calendar 1. SUBJECT: 2006 REET1 FUNDS FOR FACILITIES PROJECTS —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to approve the expenditure of funds from the 2006 REET 1 surplus to cover the cost of completing the Centennial Garage Seismic Project. Work on this project began in 2005. During construction it was discovered that corrections were needed in the project design from the Consultant Engineer These corrections to the original scope of the project resulted in additional costs of materials, labor and time. A negotiated settlement was reached between the City, Contractor and Engineer. In the agreement negotiated by the City Attorney, the Engineer was responsible for delay charges, and the City was responsible for additional materials and labor needed to complete the project These additional costs makeup the $178,799.33 requested from excess REET1 funds. 3. EXHIBITS: Memorandum 10/20/06 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue9 X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund F20042 64110.9419 Amount $178,799 33 Unbudgeted Revenue- Fund F20042 59710 Amount $178,799 33 Subledger 15009000 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION: ACTION: Council Agenda Item No. 6C 7 Parks, Recreation and Community Services Jeff Watling, Director • Phone 253-856-5007 KENT Fax 253-856-6050 w s H N c r o N Address 220 Fourth Avenue S Kent,WA 98032-5895 Memorandum DATE: October 20, 2006 TO: Suzette Cooke, Mayor 1l FROM: Charlie Lindsey, Superintendent of Facilities VIA: John Hodgson, CAO RE: Centennial Garage Seismic Project Overruns The project bid opening was on September 9, 2004 at the time we had received drawings and specifications from the Engineer of Record, Darrell Staaleson of Staaleson Engineering Unknown to me, until after the bid opening, the engineer had learned that his model for the design was not working and that he was working on trying to figure it out At the time he assured me that he would be working on resolving the problem and would have the solution by the time the contractor needed them This did not occur because the software program he was using was in the midst of updating their software, but the software manufacturer assured him that the updated version would solve his problem They kept telling him that their update would be released next week This went on for several months when I finally told him that he needed to go to a different software company, which he did, and then it was a matter of him becoming familiar enough with the new software to be able to provide a solution At any rate the Contractor did all of the prep work and got everything ready to go, but the engineer did not yet have a solution Finally the contractor was forced to pull off the job The engineer continued to work on his solution and was finally able to design a workable solution by Fall of 2005, however his solution involved doubling the number of dampers He began to work with the Contractor again in September of 2005 At that time the contractor hit the City with a bill for$65,000 plus for delay fees plus $122,000 for additional costs due to the engineers new solution which required twice the dampers. At that time Staaleson was informed that he would have to pick up some of the additional costs He then had his attorney contact our City Attorney and we decided the best thing would be to meet with the Contractor At that meeting we all agreed that Staaleson would pick up certain costs and that the City would pick any additional costs 8 Memorandum March 15,2007 Page 2 that we would have paid had the engineer had the correct solution in the original bid documents. This was on November 22, 2005. The Contractor came back on the job and I began to notice that there seemed to be some sort of disgruntlement between the Engineer and the Contractor When January of 2006 rolled around we still had not resolved this contract dispute issue. The Contractor informed me that they were at a stalemate and that there would be yet additional delay charges. I met with the City Attorney, and we determined that we needed to bring the parties back together to resolve the issues We all met in February 2006, and in the end it appeared that the Engineer was stalling because he felt that he was due additional compensation because he was having to spend unanticipated time in the field to get this project to come together The parties and their attorney's met and negotiated a settlement of $50,000.00 for the delay charges to be paid by the Engineer and that the City would pay the Contractor for the extra work that was required to complete the project This amounted to the costs of additional dampers, the cost of additional steel that was now required, the time for drilling additional holes, and the extra time for extra work required to line up the bolt holes (Bolt holes in the steel plates had to match clear areas in the existing concrete to avoid damaging the post tension slab floors and all of the rebar in the columns ) I When the contractor bid the job they assumed that all the bolt patterns would be close to the same on all damper assemblies. This was not the case, however, due to the rebar in the columns and the cables in the post tension floors where each damper attached to the garage required a different template pushing labor costs up significantly. The total of these additional costs was $272,470 07 There were also additional costs for special inspections to ensure that the contractor was installing things properly and that the Contractor was meeting all of the engineers specifications Below is a breakdown of costs. Please note that the for the most part these costs would have been close to the same had the Engineer gotten the job correct prior to the bid Below is breakdown of actual costs. Engineering Fees $ 58,406.96 Engineer Reimb(Late Fees) (50,000.00) Contractor Fees 623,785 23 Special Inspections 14,131.98 Radar Imaging 10,655.29 Printing 67402 Total Expenditures $ 657,653 48 i _ 9 N N N C V O O h IIt CT) a) O CD N f O n O O O O o o 03 o M 'Cl ( O 40 M Orn M o N M .y CAr N V' n O M 03 r (O M r V O (D d M v (D n Nn a o v w (o n N dw ui CO jp d cD CM m r c Q d m m OD m Y O O O O O O lO M M O U ap O M u-, M O N aD n 0)CAcD n (n O r (D d' CO M IDn to O) m b v <r n ❑ r— N U) M n a � d v M O 3 R � U C N LLI d.Q � Y Q �� w r rn O O •o 0 N tD m � O O m m N (D M N N' "T V O } v v_ I,-- o d cn m m cD � w W M O) Ni (D N V N O n N 47 M (y0 'C N a y U 'at to itl (n N' CO aD 00 2 w Q ao cc w N N i V tC m C O A D (n C N � ZE w Ql w u (' c N > m m a) a v (? g o v, a m w w m C� p U w � rn N a o U U (7 > m W a, � U >N x m O O :� � °� n C v o 0 ` a m N w w O N LL r N i U N n CA o d a o 0 O O N ON H a N LL Z w Y 3 � Ln Ln r [Q PNi m 0) 0) m 0) O O } a C U V O O O O O O O �Q m a r QI (A u7 0 2 LL 0 LL N 0 co co CO (D Kent City Council Meeting Date April 3, 2007 Category Consent Calendar 1. SUBJECT: 2006 REET2 FUNDS FOR FACILITIES PROJECTS —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to approve the expenditure of funds from the 2006 REET2 surplus to cover the cost of completing the Senior Center Greenhouse. At the time of the bid opening for this project, only one bid was received. Though the bid was higher than the Engineer's estimate it was decided at that time to award the bid. As with construction projects of this scale, issues are often discovered during remodeling construction In the case of this project, incorrect as-buwlts and other unforeseen issues resulted in three change orders. As a result, the requested funds are needed to close out the Senior Center Greenhouse project. 3. EXHIBITS: Memorandum 10/13/07 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense- Fund F20011.64110.9455 Amount $173,100.80 Unbudgeted Revenue: Fund F2001 l.59710 Amount $178,100 80 Subledger 15109000 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6D 5 Parks, Recreation and Community Services Jeff Watling, Director 400 Phone 253-856-5007 Fax 253-856-5050 KEN T Address 220 Fourth Avenue S W A HI NGTON Kent,WA 98032-5895 i Memorandum DATE: Marcn 13, 2007 TO: Bob Nachlinger FROM Charlie Lindsey, Superintendent of Facilities VIA: Jeff Watling, Director Parks, Recreation and Community Services RE: Senior Center Greenhouse Renovation and Audio/Visual System Upgrade in preparation for the 2005 Budget year I hired an Architect to meet with the Senior Center staff to discuss what they wanted to do with the old greenhouse space at the Senior Center that was being under utilized Based on that meeting we developed a budget of$262,000 When we began the project we did requests for qualifications for Architects that had experience with recreation facilities We selected ORB Architects and they began to work with Senior Center staff to design the renovation Upon completion of the design they estimated that the cost of the project was going to be in the neighborhood of$328,000 1 asked and received verbal permission to continue with the project We then bid the project and the only bid received was from Flagg Construction in the amount of 3423,456 Even though this was way over our budget the decision was made that we should continue with the protect and we asked the City Council to aware the bid for construction During construction we learned that the plans that we thought were the as-builts were not correct and a major structural beam was in a different location than that which showed on the bid plans Thus we incurred a change order for$19,003.32 Change order number 2 came about because that same structural beam required a change in the way the beam to support the operable wall was constructed the cost was an additional $5,986 Change order 3 came about because the building inspector required much more door hardware than was shown in the original approved drawings this resulted in a net cost after the Architect reimbursed for the original hardware of$5,954 This brought the total construction costs to$454,399 32 plus sales tax of$39,987 14 for a total of$494,386 46 There was also a change orders for the design work as it required additional design work for the Architect and Mechanical Engineers This increased cost made the total cost of the design work$80,353 25 Additional costs for permits, printing, and advertising,were$14,254 66 We also installed a new audio/visual system that cost including design fees $63,660 43 The total budget for this project was $479,554 and total expenditures were $652,654.80 for an overrun of $173,100.80 This is a request to use 2006 excess REET funds to cover this cost overrun i T 6 .n ., N C O O CA O (D m °' m o 0 o rn o V 6 O M O o W N CA O t0 c- O to O c! cj (D 0 Cn N N V o c0 O (D n i c0 N t CJ N N w V N d 0to N O 00 N M M O Ql d M r- O 01 M CO N O N N C4 C N r- rn co to t0 n M f` V 'V N d C6 V t` rn to M M m 1� to N SY] � a O d O N/N E VE (/f t t t !' _ n (fl O O V O t0 M o !T OJ (D N N to I to Kr N Vr N tp O CT (D t0 O O .- N V C] O [") V O d A M N N n r (D V tfi n M n t0 (D O m T V t` CD L6 Cn N M 0 rn rn rn U } M C") m U O O O = N {L d � O Q t` N O CD m O v O w m (D C N .T.d ` tD .- N N M 00 7 n V II{ f� Co oD O N O tD (p } M N N n 47 GD C' CO n M N N V 00 >_ OP s t`> r- CD to (n N N �-O O t m to to ti V CD 'C V' V tD f- In a O d O d l Q. M N tN C> ttnn t� a 3 ty to of o rn N N 9 a 0 m d V- rJ V V N 3 O s G Q d d W d iv fn d 7 C = O O d _ U U C Q (` U R n- N CO N N d O .rz w co > v LL 3 U W Z10 O J -O m CO onOI C C Q co d C O CO p j O 06 Q- 0 N x V r O D. d -E c N DO w 0 N -6 c [6 f0 U U CO ` L_ j U L O O d N N H !- V Q O Q [ CL F- F--- CO tL N t U d a rn o oo d m Cl 0 o d n o 0 0 z (n tL ty o tii N trw tt00 t`nn Un ttn tint) � v v v v v v v v -o m c� rn rn rn rn T rn rn m m o d o o } U o 0 0 0 0 0 0 0 0 0 o Ta to W O ! ^ Q> V to N aD O of m L V CA th c7 (D(0 (D (D (D (D V V V ~ 2' 11 o ! CO CO (D (O (D CD Co Kent City Council Meeting Date April 3, 2007 Category Consent Calendar I I. SUBJECT: 2006 REET2 FUNDS FOR PARKS AND OPEN SPACE PROJECTS — AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to approve the expenditure of funds from the 2006 REET2 surplus to cover the cost of completing the East Hill Skate Park project. The East Hill Skate Park is currently under construction and is under-funded by $260,000 and excess REET2 funds are requested to complete the project. Anticipated completion for this project is May of this year 3. EXHIBITS: Memorandum dated 11/2/06 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No . X If no• Unbudgeted Expense: Fund P20045.64110 530 Amount $260,000.00 Unbudgeted Revenue: Fund P20045 59710 Amount $260,000.00 Subledger 15109000 1 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6E 12 Parks, Recreation and Community Services ' Jeff Watling, Director Phone: 253-856-5110 \IS7 K EN T Fax: 253-856-6050 W A S H I N G T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 Memorandum DATE: November 2, 2006 TO: Mayor Cooke and John Hodgson, Administration and Bob Nachlinger, Finance Director VIA: Jeff Watling, Parks Director FROM: Lori Flemm, Parks and Open Space Superintenden RE: East Hill Skate Park Budget The East Hill Skate Park is currently under construction with completion expected in early Spring 2007. The project is under-funded by $260,000 and excess REEF 2 funds are requested to complete the project. Restroom $101,000 Parking lot $50,000 Landscaping/irrigation $35,000 Fencing/gates $51,000 Art footings, Crushed rock trail $16,000 Bench, tables, bike rack $7,000 TOTAL $260,000 West Fenwick Park's restroom was partially destroyed by arson in April, 2005 and demolished shortly afterward. Staff applied for a grant to move the basketball court out of the parking lot into the park. Costs are estimated at $700,000. The current budget is under-funded by $415,000 and excess REET 2 funds are requested.The West Fenwick Park improvements is scheduled to out to bid in December 2006. Kent City Council Meeting Date April 3, 2007 Category Consent Calendar 1. SUBJECT: 2006 REET2 FUNDS FOR PARKS AND OPEN SPACE PROJECTS —AUTHORIZE 2. SUMMARY STATEMENT: Authorize the Mayor to approve the expenditure of funds from the 2006 REET2 surplus to cover the cost of completing the West Fenwick Park project. The West Fenwick Park's restrooms were partially destroyed by arson. Current cost estimates for the project exceed $700,000 and the current budget is under-funded by $415,000. Excess REET2 funds are requested Bidding for this project is scheduled for this sprang with construction occurring later this summer. 3. EXHIBITS: Memorandum dated 11/2/06 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget9 Yes No. X If no• Unbudgeted Expense: Fund P20061.64110.530 Amount $415,000 00 Unbudgeted Revenue: Fund P20061.59710 Amount $415,000 00 Subledger 15109000 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6F 12 Parks, Recreation and Community Services t Jeff Watling, Director Phone: 253-856-5110 K E N T Fax: 253-856-6050 WASH 1 N G T O N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 Memorandum DATE: November 2, 2006 TO: Mayor Cooke and John Hodgson, Administration and Bob Nachlinger, Finance Director VIA: Jeff Watling, Parks Director FROM: Lori Flemm, Parks and Open Space SUperintencle` RE: East Hill Skate Park Budget The East Hill Skate Park is currently under construction with completion expected in early Spring 2007. The project is under-funded by $260,000 and excess REEF 2 funds are requested to complete the project: Restroom $101,000 Parking lot $50,000 Landscaping/irrigation $35,000 Fencing/gates $51,000 Art footings, Crushed rock trail $16,000 Bench, tables, bike rack $7,000 TOTAL $260,000 West Fenwick Park's restroom was partially destroyed by arson in April, 2005 and demolished shortly afterward. Staff applied for a grant to move the basketball court out of the parking lot into the park Costs are estimated at $700,000. The current budget is under-funded by $415,000 and excess REET 2 funds are requested. The West Fenwick Park improvements is scheduled to out to bid in December 2006. I LKent City Council Meeting Date April 3, 2007 Category Consent Calendar 1. SUBJECT: SPEED LIMIT ON 114TH AVENUE SE, BETWEEN KENT- KANGLEY ROAD & SE 269TH STREET —RESOLUTION— ADOPT a 2. SUMMARY STATEMENT: Adopt Resolution No. �� relating to vehicular speed limits on certain designated streets on 114th Avenue SE between SE 267th Court and SE 269th Street, pursuant to Chapter 9 40 of the Kent City Code. Based on an engineering and traffic investigation, the results of which are summarized in Exhibit A. 3. EXHIBITS: Resolution, Public Works memorandum, and Exhibit A-Summary of Speed Studies conducted on 114th Avenue SE 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 X No 1 If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds 1 DISCUSSION: ACTION: Council Agenda Item No. 6G t 1 RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to vehicular speed limits on certain designated streets, as posted by official traffic control devices, pursuant to Chapter 9.40 of the Kent City Code. RECITALS A. The Kent Traffic Code, Section 9 36 010, adopts by reference the Model Traffic Ordinance set forth in Washington Administrative Code in Chapter 308-330 WAC (Ordinance 3170). B. Provisions of the Model Traffic Ordinance, Washington Administrative Code Section 308-330-270 and RCW 46.61.415, set forth the procedure for the local authority to determine and declare the speed limits on city arterials, streets and other rights of way, based on an engineering and traffic investigation by the traffic engineer. C. Pursuant to the Model Traffic Ordinance, Chapter 9.40 of the Kent City Code was adopted to provide that the City may establish speed limits on certain designated streets by resolution. D. A list of the speed limits on certain designated streets in the City has been properly made and adopted by Resolution No. 1582. E. The City Council desires to update and amend the list of speed limits set forth in Resolution No. 1582. 1 1 Vehicular Speed Limits NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION Z: The speed limits and provisions of Resolution No. 1582 are hereby re- adopted with amendments as noted in this resolution to read as follows: Increasing or Decreasing Speed Limits on Certain Streets, Highways or other Rights-of-Way It is determined, on the basis of engineering and traffic investigations, that the speed permitted by state law upon the following streets or portion thereof is less than, or in some cases, more than, is reasonable and safe for the operation of vehicles under the conditions found to exist on that street or portion thereof. It is hereby declared that the speed limits on such streets shall be as hereinafter set forth on the streets or portions of same listed, at all times, unless otherwise specified, after official traffic control devices have been posted to give notice thereof, provided, that in no case shall the speed limit on City streets be lower than twenty (20) miles per hour or exceed sixty (60) miles per hour. Name of street or portions affected Speed limit 1. Pacific Highway South (SR 99) from the intersection 45 mph of South 272"d Street to the intersection of Kent- Des Moines Road (SR 516) 2. Military Road from the intersection of South 2291h 35 mph Street to the intersection of South 250th Street 3. Military Road from the intersection of South 250th 40 mph Street to the intersection of South 272"d Street 4. Reith Road/South 259th Place/South 260th Place 35 mph from the intersection of Kent-Des Moines Road (SR 516) to the intersection of Pacific Highway South (SR 99) ' S. Lake Fenwick Road from the intersection of Reith 35 mph Road to the intersection of South 272"d Street 6. South 196th/Russell Road/South 200th Street from 35 mph the intersection of 84th Avenue South to the intersection of Onllia Road 2 Vehicular Speed Limits 7. 64th Avenue South from Meeker Street to South 35 mph 212th-Street 8. West Valley Highway from the intersection of South 50 mph 180th Street to 830 feet North of the Intersection of Morton Street (South 2381h Street) 9. West Valley Highway from the intersection of 35 mph Morton Street (South 238th Street) to the intersection of Frager Road 10. West Valley Highway from the intersection of Frager 40 mph Road to a point 180 feet North of the intersection of South 262�d Street li. West Valley Highway from a point 180 feet north of 50 mph South 262"d Street to the intersection of South 272nd Street 12. 84th Avenue South from the intersection of South 40 mph 180 Street to the intersection of SR 167 13. Central Avenue North from the intersection of SR 35 mph 167 to the intersection of James Street 14, Central Avenue North from the intersection of 30 mph James Street to the intersection of Willis Street i5. Central Avenue South from the intersection of Willis 40 mph Street to the Green River Bridge 16. 74th Avenue South from the intersection of SR 516 35 mph to the intersection of South 2591h Street 17. 72"d Avenue South from the intersection of South 35 mph 262nd Street to the intersection of South 277th Street 18. 4th Avenue North from the intersection of South 35 mph 228th Street to the overpass for SR 167 19. 76th Avenue South from the intersection of South 35 mph 212th Street to the intersection of South 228th Street 20. 4th Avenue North from the overpass for SR 167 to 30 mph the intersection of Willis Street 21. 80th Place South from the intersection of 80th 35 mph Avenue South to the intersection of 84th Avenue South (190th Street) 1 3 Vehicular Speed Limits 1 22 92nd Avenue South from the intersection of South 35 mph 208th Street to the intersection of South 2001h Street. 23. 104th Avenue Southeast from a point 100 feet north 35 mph of the intersection of Southeast 236th Street to the intersection of Southeast 272"d Street 24. Kent-Des Moines Road (SR 516) eastbound from a 35 mph point 50 feet west of the intersection of 27th Avenue South to the intersection of 30th Avenue South 25. Meeker Street from Kent-Des Moines Road (SR 516) 40 mph to a point 500 feet west of the intersection of West Valley Highway (Washington Avenue) 26. Meeker Street from a point 500 feet west of the 30 mph intersection of West Valley Highway (Washington Avenue) to the intersection of 6th Avenue 27. Smith Street (SR 516) from the intersection of 30 mph Lincoln Avenue to the intersection of Central Avenue North 28. Canyon Drive (SR 516) from the intersection of 40 mph Hazel Avenue to the intersection of 100th Place Southeast 29. Southeast 256th Street from the intersection of 35 mph 1001h Place Southeast to the intersection of 148th Avenue Southeast 30. Kent-Kangley Road (SR 516) from the intersection 35 mph of Southeast 256th Street to the intersection of 116th Avenue Southeast 31. Willis Street (SR 516) from the intersection of 4th 30 mph Avenue to the intersection of Central Avenue South 32. 97th Place South from the intersection of Canyon 30 mph Drive (SR 516) to the intersection of 100th Place Southeast 33. Southeast 264th Street from the intersection of 35 mph 100th Place Southeast to the intersection of 108th Avenue Southeast 34. South 2281h Street from the intersection of 54th 35 mph Avenue South to the intersection of West Valley Highway (68th Avenue South) (SR 181) 4 Vehicular Speed Limits 35. South 2281h/83rd Avenue South/South 224th Street 40 mph from the intersection of West Valley Highway (68th Avenue South) (SR 181) to the intersection of 84th Avenue South 36. South 212th Street from the west city limits to the 40 mph east city limits 37. South 208th Street from the intersection of 84th 35 mph Avenue South to the intersection of 92"d Avenue South 38. 116th Avenue Southeast from the intersection of 35 mph Southeast 227th Place to the intersection of Kent- Kangley Road (SR 516) 39. 116th Avenue Southeast from the intersection of 40 mph Kent-Kangley Road (SR 516) to the overpass for 108th Avenue Southeast 40. Southeast 248th Street from the intersection of 94th 35 mph Avenue South to the intersection of 132 Avenue Southeast 41. Southeast 277th Street from the overpass for 108th Avenue Southeast to the intersection of 86th Avenue 50 mph South 42. Reiten Road from Titus Street to Maple Street 30 mph 43. Maple Street from Reiten Road to Tilden Avenue 30 mph 44. Woodland Way South from Tilden Avenue to the 30 mph intersection of Southeast 267th Street 45. Southeast 267th Street from the intersection of 30 mph Woodland Way to the intersection of 104th Avenue Southeast 46. 77th Avenue South from the intersection of South 35 mph 212th Street to the north end of the road 47. James Street/Southeast 240th Street from the inter- 35 mph section of Russell Road to the intersection of 116th Avenue Southeast 48. Southeast 240th Street from the intersection of 40 mph 116th Avenue Southeast to the intersection of 137th Avenue Southeast 5 Vehicular Speed Limits i 49. Southeast 240th Street from the intersection of 35 mph 137th Avenue Southeast to the intersection of 148th Avenue Southeast 50. South 190th Street from the intersection of 72nd 35 mph Avenue South to the intersection of 62"d Avenue South 51. South 277th Street from the intersection of 86th 40 mph Avenue South to the intersection of Auburn Way North 52. South 194th Street from the intersection of 66th 35 mph Avenue South to the intersection of Russell Road/58th Place South 53. 70th/72nd Avenue South from the intersection of 35 mph South 228th Street to the intersection of South 180th Street 54. South 216th Street from the intersection of 64th 35 mph Avenue South to the intersection of 72nd Avenue South 55. South 220th Street from the intersection of West 35 mph Valley Highway (68th Avenue South) (SR 181) to the intersection of 72nd Avenue South 56. 80th Avenue South from the intersection of South 35 mph 180th Street to the intersection of South 196th Street 57. Southeast 260th Street from the intersection of 97th 35 mph Place South to the intersection of 108th Avenue Southeast 58. 101st Avenue Southeast from the intersection of 30 mph Southeast 256th Street (SR 516) to the intersection of Southeast 260th Street 59. 108th Avenue Southeast from the intersection of 35 mph Kent-Kangley Road (SR 516) to the south city limits 60. Kent-Kangley Road (SR 516) (Southeast 272"d 45 mph Street) from the intersection of 116th Avenue Southeast to the overpass for SR 18 61. 114th Avenue Southeast seuthbound from the 35 mph intersection of Kent-Kangley Road (SR 516) to the intersection of Southeast 26-79th EeuFtStreet 6 Vehicular Speed Limits 62. 120th Avenue Southeast from the intersection of 35 mph Southeast 240th Street to the intersection of Southeast 248th Street 63. 124th Avenue Southeast from the intersection of 35 mph Southeast 248th Street to the intersection of Southeast 282nd Street 64, 132nd Avenue Southeast from the intersection of 35 mph Southeast 240th Street to the intersection of Southeast 282nd Street 65. 144th Avenue Southeast from the intersection of 35 mph Kent-Kangley Road (SR 516) to the intersection of Southeast 288th Street 66. 152nd Avenue Southeast from the intersection of 35 mph Kent-Kangley Road (SR 516) to the south city limits 67. South 272nd Street from the intersection of Pacific 35 mph Highway South (SR 99) to the intersection of Military Road 68. South 240th Street from the intersection on Pacific 35 mph Highway South (SR 99) to the west city limits 69. 148th Avenue Southeast from the intersection of 35 mph Southeast 256th Street to the intersection of Southeast 240th Street 70. Southeast 248th Street from the intersection of 94th 35 mph Avenue South to the intersection of 132nd Avenue South 71. Smith Street from the intersection of Central 30 mph Avenue North to the intersection of Hazel Avenue 72. 42nd Avenue South from the intersection of 216th 35 mph Street to the intersection of South 212th Street 73. Green River Road from the north city limits north of 35 mph the Green River (Don Wickstrom) Bridge to the south city limits SECTION 2. — Duties of city traffic engineer. The city traffic engineer shall take whatever steps are necessary to comply with all statutory directives regarding approval of these speed limits by the State, where applicable, posting of official traffic control devices; and the regulation of timing of traffic signals, as set forth in the Model Traffic Ordinance, adopted by 7 Vehicular Speed Limits i reference pursuant to Section 9.36.010 of the Kent City Code, more specifically, Section 308- 330-270 of the Washington Administrative Code, RCW 46.61.415, and all other applicable sections of the Model Traffic Ordinance. SECTION 3. - Repealer. Resolution No. 1582 is hereby repealed. SECTION 4. - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. i SECTION 5. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, 1 Washington, this day of April, 2007. CONCURRED in by the Mayor of the City of Kent this day of April, 2007. SUZETTE COOKE, MAYOR ATTEST: t BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 8 Vehicular Speed Limits I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of April, 2007. BRENDA )ACOBER, CITY CLERK P\Civil\Resolution\SpeedLimR114thSE clot r i 1 9 Vehicular Speed Limits PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director KENT Phone: 253-856-5500 WAS HINGTON Fax: 253-856-6500 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 9, 2007 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: March 19, 2007 From: Steve Mullen, Transportation Engineering Manager Through: Larry Blanchard, Public Works Director Subject: Speed Limit on 1141h Ave SE, between Kent-Kangley Road and SE 269th Street Item 2 Motion: ■ Required ❑ Not Required ❑ For Information Only jRecommend that the City Council adopt a Resolution to revise the speed limit zone on 114th Avenue Southeast from the intersection of Kent-Kangley Road (SR 516) to the intersection of SE 269th Street to be 35 mph in both directions. Will document be required? ❑ Ordinance ■ Resolution ❑ Agreement ❑ Contract ❑ Policy ❑ SOP's ❑ Other Governing Policies Procedures Rules & Regulations: KCC 9.36.010, KCC 9.40, WAC 308-330, RCW 46 61.415 Background/History: The Public Works Committee directed Public Works staff to conduct a traffic engineering study to determine the appropriate speed limit for 114th Avenue SE, between Kent-Kangley Road (SR 516) and SE 269th Street and between SE 269th Street and SE 271" Street, partially in response to a petition from a residential neighborhood to install speed bumps on SE 2715t Street and 114th Ave SE. The current speed limits are 35 mph southbound for the Kent-Kangley to SE 269th Street segment and 25 mph for the SE 269th Street to SE 2715t Street segment. Summary: Transportation Engineering staff conducted speed studies on 114th Avenue SE at the two segment locations on three different occasions. The results of the speed studies are summarized in Exhibit A, and showed the 85th percentile speed for 114th Avenue between Kent-Kangley Road and SE 269th Street to vary between 35.9 mph and 36.3 mph. Recommendations: Based on the engineering and traffic investigation and professional engineering standards for establishing speed limits, Public Works staff recommends establishing a speed limit of 35 mph in both directions on the segment of 114th Avenue SE between Kent-Kangley Road and SE 269th Street, in accordance with RCW 46.61.415. U IPWCommateelAce,onPage12007V1em 2 Ile SE speed Limit dac I v E iU E E U U 6 N CL N M n M I� 01 N M M 01 I� n N V) tD Cl lD n Ln r� O t0 Ln Ol r� r\ 10 M M M M M M M M M M M M 0 Lo ON r U � N M Ln 00 N Ln 00 d M V" V' Ln E ; CO CO CO M i�-I � N 07 OO CO C N V) N y -O v 0 M M M N M N j 00 O� M E M N f V Ln C Ln l0 6 Ln o6 l0 CO l0 Ln tD J Q1 07 CO O o M M M M M M M M M M a) M M M I CL N � L co � In W Ln O O 110 r" O n Ln tD +I U 7 M N 1-1 N 00 M +-� M +-4 00 N N M Q j 00 V 00 V' 00 V v 00 07 00 V V V- fd Ln L i "O t tn w -o O m N M m m M N � M m N N 07 M m V" Ln r< 6 l0 Ln l0 W Ln lD Ln N r< lD l0 D � M M M M M M M Ln M M M w M M M In U V) C u Q D a) mfu � O Z E l" Oco l ELn Ln � m C � 7 D7 O V L CD � 00 V" O � 0 O d 00 V Nn 00 N V V d rl u to O� r.-i .--I Y N ^ r-I 0 n n ' N N N Y N Y N Y N Y Y Y Y M W N N Y N Y W W Y Y c N W W L L L Ln Y Ln C L L ][ (V L Ln Ln 13) Q) Q) a) L L L N a) Q) L L L a) ro Lo cn W W v La La ro Q) v un c c c to Lo fo � c C Lo c m m `�- 4_ tD tD � Q) IV cLLI k.0 "0 c o 0 0 0 0 0 0 0 o 0 0 > � N o Lo � N Q E Ln D O ,-L N N NIZI- > .--i (V ti N N i L L i i i -C O � �-+ 4i.otD ate- %D O O 110 I� n ]4- 4]O I� O N NO 0 0 O O 0N N Lf') N NNN NO O N O OLn rL .-I � r-I rl L j Kent City Council Meeting Date April 3, 2007 1 Category Consent Calendar 1. SUBJECT: LID 353 SEGREGATION ASSESSMENT RESOLUTION —ADOPT 2. SUMMARY STATEMENT: Adopt Resolution No. which directs the Finance Director to segregate Assessment No. 217 of Local Improvement District (LID) 353 into two assessments. The Parks at Kent Condominium Association as agent for the successors in interest of Riverview South LLC, one of the first assessed owners, and Fred and Sylvia Fernando, the other owner, have requested segregation due to the development of The Parks at Kent Condominiums, a phased condominium project. 3. EXHIBITS: Resolution and LID Segregation Certificate e4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6H PUBLIC WORKS DEPARTMENT Larry R. Blanchard, Public Works Director • ENT Phone: 253-856-5500 K KK Fax 253-856-6500 G7ON Address- 220 Fourth Avenue S Kent, WA 98032-5895 r Date: March 13, 2007 To: Chair Debbie Raplee and Public Works Committee Members W Committee Meeting Date: March 19, 2007 From- Larry Blanchard, Public Works Director Through: Mike Gillespie, Development Manager Subject: LID 353 Segregation Assessment/Resolution ITEM 3 Motion: ■ Required ❑ Not Required ❑ For Information Only Recommend that the City Council pass Resolution No. directing the Finance Director to segregate Assessment No. 217, levied under LID 353, into assessment numbers 217-217-1. 1 Will document be required? ❑ Ordinance ■ Resolution ❑ Agreement ❑ Contract ❑ Policy ❑ SOP's ❑ Other Governing Policies Procedures Rules & Regulations: RCW 35.44.410, segregation of assessments, and City Attorney guidelines for segregation requests dated March 3, 1975. Background/History: LID 353, Assessment #217, was originally assessed for South 228`h Street extension in the amount of $27,303 00. The balance as of March 13, 2007 is $27,786.57. The newly segregated amounts would be $3,970.02 for New Assessment 217-1 and $20,816.55 for Assessment 217. Summary: The Parks at Kent Condominium Association as agent for the successors in interest of Riverview South LLC, one of the first assessed owners, and Fred and Sylvia Fernando, the other owner, have requested segregation due to the development of The Parks at Kent condominiums, a Iphased condominium project. Recommendations: Recommend that the City Council pass Resolution No. directing the Finance Director to segregate Assessment No. 217, levied under LID 353, into assessment numbers 217 and 217-1. I iPWCommateeUclmPage00071Ma IOUt m3LJD353dx RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, directing the Finance Director to segregate an assessment levied under Local Improvement 1 District No. 353. RECITALS A. Mr. and Ms. Fred and Sylvia Fernando, owners of record, and the Parks at Kent Condominium Association, a homeowners'association authorized to act on behalf of other owners of record, of property originally affected by Local Improvement District (LID) No. 353, Assessment No. 217, which property is located at 21832 and 22243 441h Avenue South, respectively, in the city of Kent, have requested a segregation of that LID assessment. B. All clerical and engineering fees have been paid as required by law, and the application is proper in all other respects. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. — Segregation. The Finance Director is authorized and directed to segregate the assessment as requested by Mr. and Ms. Fred and Sylvia Fernando and The Parks at Kent Condominium Association, as set forth in the LID Segregation Certificate, which is attached and incorporated as Exhibit A. The assessment involved is Assessment No 217 of Local Improvement District No. 353. SECTION 2. — Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, 1 LID 353 — Assessment 217 Segregation such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. — Ratification. Any act consistent with the authority and prior to i the effective date of this resolution is hereby ratified and affirmed. SECTION 4. — Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of April, 2007. CONCURRED in by the Mayor of the City of Kent this_ day April, 2007. i SUZETTE COOKE, MAYOR ATTEST: 1 BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of April, 2007. BRENDA JACOBER, CITY CLERK c�oniw.wwobouM353 azussmene ni segregxion me 2 LID 353 — Assessment 217 Segregation I t LID SEGREGATION CERTIFICATE KEN WASHIXGTON 220 4i°Avenue South Kent,Washington 98032 Attu Engineering Dept R uestedU Qwner Date- 8/3/2006 LID# 353 Assess# 217 Owner&Address ORIGINAL DESCRIPTION The Parks at Kent Condominium Association Please See Exhibit A 11624 SE 5th St. #200 Bellevue, WA 98005 APN• (If more space needed,attach description and refer to Exhibit New Assessment No. 217-/ Owner&Address NEW DESCRIPTION New Assessment Aunt 3 y]D.G 2, Fred & Sylvia Fernando Please See Exhibit B 21832 44th Ave. S Kent, WA 98032 APN•1 4,Z. (If more space needed,attach description and refer to Exhibit"=') Assessment No 217 Owner&Address REMAINDER DESCRIPTION 1 Assessment Amt ZO $l6,55 The Parks at Kent Conpdominium Associatio Please See Exhibit C& D 11b SE 5th St. #200 Bellevue, WA 98005 APN: (If more space needed,attach description and refer to Exhibit The undersigned hereby accepts above terms and conditions and certifies to the correctness herein OWNER SIGN OWNER PRINT_ T YIP. OWNER SIGN T cv� OWNER PRINT OWNER SIGN i lC Total Due go. 00 OWNER PRINT 5' '/-A OWNER SIGN Pxi� 3//9-�07 OWNER PRINT OWNER SIGN Receipt# 0/l 6 f-0 f 011'NER PRINT Approved by Resolution it PAGE l OF-5 Core Design, Inc Bellevue,WA 98007 Core Project No 02092 2/20107 Legal Description—Original Assessment(Exhibit A) THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND GOVERNMENT LOT 4,IN SECTION 10,TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M,KING COUNTY,WASI IINGTON,DESCRIBED AS FOLLOWS COMMENCING AT THE CENTER OF SAID SECTION 10,THENCE N89058'34"E, ALONG THE EAST W ES T CENTERLINE OF SAID SECTION 10,A DISTANCE OF 600 20 FEET;THENCE S15°22'56"h 249 00 FRET TO THE POIN I'OF BEGINNING OF THE HEREIN DESCRIBED TRAC I',TTIENCE S89358'34"W 22 12 FEET, THENCE S01013'21"E 223 23 FEFT,THENCE S87050'36"E 1,373 88 FEET,THENCE N02043'34"E 275 77 FEET,THENCE S89°58'34"W 1,368.67 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN FRAGER ROAD SOUTH. CONTAINS 344,444t SQUARE FEET(7 9074t ACRES) ��(ZoID"7 r,*ti;il1 des 9 � 1y �L 1,likD a� rxrl�s cola c7 08 02092-ORIGINAL PARCEL D dm,2120107,page 1 CORE DESIGN, INC. BELLEVUE WA 98007 Core Project No 02092 2101/07 Legal Description— New Tract D(Exhibit B) THAT PORTION OF GOVERNMENT LOT 4,IN SECTION 10,TOWNSHIP 22 NORTH,RANGE 4 EAST,WILLAMET'lE MERIDIAN,IN KING COUNTY, WASHINGTON.DESCRIBED AS FOLLOWS COMMENCING AT THE CENTER OF SAID SECTION 10;THENCE N89°58'34"E, ALONG THE F,AS F-WEST CENTERLINE OF SAID SECTION 10,A DISTANCE OF 600 20 FEET, I"HENCE S15°22'56"L,A DISTANCE OF 249,00 FEET;THENCE S89058'34"W A DISTANCE OF 22.12 FEET;THENCE SOI°13'21"E A DISTANCE OF 223.23 FEET;THENCE S87°50'36"E 1,323.88 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL,THENCE N02043'34"E 72 21 FEET, THENCE- S89058'34"W 93 25 FEET,THENCE N59.54'12"W 129.74 FEET,T14ENCE N33000'17"W 45 62 FEET, FHENCE N00°00'00"E 98 OS FEET,THENCE N89°58'34"E 290 00 FEET,THENCE S02043'34"W 261 02 FEET TO AN INTERSECTION WITH A 538.50 FOOT RADIUS CIRCULAR CURVE TO THE LEFT FROM WHICH POINT THE CENTER OF SAID CURVE BEARS S26041'36"E,SAID POINT BTiTNG ON THE NORTI IERLY RIGHT-OF-WAY MARGIN FOR FRAGER ROAD, THENCE SOUTHWESTERLY,ALONG SAID CURVE AND NOR THERLY MARGIN THROUGH A CENTRAL ANGLE OF 03°06'1 Y',AN ARC DISTANCE OF 29 16 FEET;THENCE N87°50'36"W 25.00 FEET TO THE POINT OF BEGINNING, CONTAINS 55,169t SQUARE FEET(1.2665t ACRES). 11 vL Zo/e� , rsre& lIL LAtdfl S w��.s faasro$ 02092L42-Tract D(Exhibit B)doe,2/20/07,page 1 1 CORE DESIGN, INC. , BELLEVUE WA 98007 Core Protect No 02092 2/01/07 Legal Description—Portion of New Tract E(Exhibit C) THAT PORTION OF THE NORTHWFST QUARTER OF THE SOUTHEAST QUARTER AND OF GOVERNMENT LOT 4,SECTION 10,"TOWNSHIP 22 NORTH, RANGE 4 FAST,WILLAMFTTE MERIDIAN,IN KING COUNTY,WASHINGTON. DESCRIBED AS FOLLOWS. COMMENCING AT THE CENTER OF SAID SECTION 10,THENCE N89'58'34"E, ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 10,A DISTANCE OF 600.20 FEET,THENCE S I5°22'56"E,A DISTANCE OF 249 00 FEET TO THE POINT OF BEGINNING OF 7 HE HEREIN DESCRIBED TRACT,THENCE,S89058'34"W.A DISTANCE OF 22 12 FEET,THENCE SO]'13'21'"E,A DISTANCE OF 223 23 FEET; THENCE S87050'36"E.A DISTANCE OF 1323 88 FEET;THENCE NO2°43'34"E,A DISTANCE OF 72 21 FEET,THENCE S89058'34"W,A DISTANCE OF 93 25 FEET; THENCE N59054'12"W,A DISTANCE OF 129 74 FEET',THENCE N33000'17W,A DISTANCE OF 45 62 FEET,THENCE N00O00"00"W,A DISTANCE OF 98.05 FEET, THENCE S89058'34"W,A DISTANCE OF 1,078 67 FEET TO THE POINT OF BEGINNING, CONTAINS 289,275t SQUARE FEET(6(408f ACRES) 6z Zo A7 �Jil I,I1,}7 V 9 f 67 F,v 5 g N z L rsn,ldwo�y AIL I A,tD S4 'E nm tore s/ C* 02092141-Portton of Tract E(Exhibit C)doc,2/20107,page 1 EXHIBIT "D" m I �E LINE SE - Z SEC 10-224 O � z m W m � >o G m O rzz: z i ^M, O m y nAn Z z ~ A DD a > y m -Ca fn 0 m [n Z aN„ = a min m 0 N Z ` • Z gam m m „\ .y e N a o 0 T ' 10 Z o 0 w � � •once M3�^a3�6gz m O gtN M g4,ZZ• vz M 94Zttts m p-�d I(E',�, nNi SPq n�tA1 io m v n X Eu mz � 41 Q5 > o� �f0R I fA om = rncn N ti 4. r O 0 i 0 o N om ! N0 D D I `c En 0 z`z" M--i r No �f �Z m 3> m Z Z 1 rrl z N u m$ F�x m O = vAid op sum O0 rn4 Uo <A bCA Nv O Z F o - f mom m y Al RACFR N ix) z p� m�z A x O m N2Bs Rp w m N zOOD , S J7 f ^'w w f N .. rom o 0 2A�y m J m Nm Z N v M Y tl A { m O iq,N J�OD BIZ �0�'9 00 > �w� N 0m m ' Kent City Council Meeting Date April 3, 2007 Category Consent Calendar 1. SUBJECT: KENT ROTARY DONATION FOR TRAILER PURCHASE— ACCEPT AND AMEND BUDGET 1 2. SUMMARY STATEMENT: Authorize the Mayor to accept the $1,500 donation from the Kent Rotary Club Foundation to purchase a covered trailer and approve the expenditure of funds in the Kent Senior Activity Center budget. The Senior Activity Center currently has an open trailer to transport golf clubs, skis, fishing equipment, etc. on senior outings (pulled by the Senior Center van). An enclosed trailer will provide a secure area for participants' equipment that is not open to the weather 3. EXHIBITS: Copy of Check 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) r5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund 10006240.63140 4550 Amount $1,500.00 Unbudgeted Revenue: Fund 10006240 56718 Amount $1,500 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6I COLUMBIA BANK 5350 504 4V MEEKER ST 7 4 p KENT ROTARY CLUB FOUNDATION KENT,wA298032 51 1 PC) BOX 14,.2 aa-ez7iisl KENT,4VA 93035 1/10/2007 wtF�'r IAY TO THE ORDER OF Kent Senior Center S **11500.00 L rOne Thousand Five Hundred and DOLLARS a Kent Senior Center y G l pp 4 AUTHCRIZED SIGNATURE m 11800 5 3 50i1' 1: 1 2 5 108 2 ? 2,: ?000 26 2688a' KENT ROTARY CLUB FOUNDATION 5350 Kent Senior Center 1/10/2007 Donation 2,540.00 li �A Checking-Colun2 1,500.00 Kent City Council Meeting Date April 3, 2007 Category Consent Calendar 1. SUBJECT: GREEN RIVER TRAIL DONATION—ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Authorize the Mayor to accept the S300 donation from Bridgewater 4 in the Lakes Development for improvements made by Joey Witmer to the Green River Trail and approve the expenditure of funds in the Eagle Scout Projects budget. Staff works with Boy Scouts throughout the area to develop projects of value to the City and to the Scout for attainment of the Eagle Scout honor. Joey Witmer, Troop #361, chose to landscape a trail head on the Green River Trail near the Bridgewater 4 I housing area in the lakes Development as his Eagle Scout project City funds are available for each project, but each Scout is encouraged to solicit donation of cash and/or materials as part of his leadership responsibilities to off-set total expenses. Joey led other Scouts and completed his project in February providing 230.03 volunteer hours with a value to the City of$2,760 36. 3. EXHIBITS: Revenue report 4. RECOMMENDED BY: Parks and Human Services Committee ' (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X I Currently in the Budget? Yes No-X If no Unbudgeted Expense: Fund P20083.63180.530 Amount $300.00 IUnbudgeted Revenue: Fund P20083.56718 530 Amount $300 00 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 6J R55GA006 City of Kent 2/16/2007 Page 1 Journal Entry !Budget Change Doc#: 46502 Ledger Type: AA Journal Entry Doc Type: JR Batch#: 84711 Explanation: PKS PPD#33 Green River Trail G/L Date: 2/16/2007 Automatic Reversal? No Created by: JBROOM Last Changed by: JBROOM ' Line# B Unit Object Subsidiary Subledger Debit Amount Credit Amount Account Explanation Reference 10 P20083 63180 530 300 00- Green River Trail/Bridgewater 20 1 11110 0010 30000 Green River Trail/Bridgewater Journal Entry Totals: 30000 300 00- I have reviewed this journal entry for accuracy validity and appropriateness. It is a true representation of transactions incurred while conducting City business. Appropriate supporting documentation is attached Dept-Authorized by: Finance - Reviewed by: i 1 1 1 1 t 1 1 1 1 Kent City Council Meeting Date April 3, 2007 Category Consent Calendar 1. SUBJECT: QUOTA INTERNATIONAL OF KENT VALLEY DONATION FOR SERVICE CLUB PARK— ACCEPT AND AMEND BUDGET 2. SUMMARY STATEMENT: Authorize the Mayor to accept the $6,000 donation from Quota International of Kent Valley and approve the expenditure of funds in the ' Service Club Park budget. The $6,000 from Quota International of Kent Valley is a payment from their original pledge of$35,000 to support the construction of Service Club Park. To recognize the contributions from the participating service clubs, each play field and the play area is named for each club. The park was dedicated November 4, 2006 Opening day ceremonies are planned for Saturday, May 5, 2007. Quota Club members spread top soil, put together picnic tables and planted flowers on March 3, 2007, volunteering 30 hours with a value of$360. 3. EXHIBITS: Revenue report 4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No _ X ' If no: Unbudgeted Expense: Fund P20024 Amount $6,000 00 Unbudgeted Revenue: Fund P20024 56710 Amount $6,000 00 ` 6. CITY COUNCIL ACTION: ICouncilmember moves, Councilmember seconds ' DISCUSSION: ACTION: Council Agenda Item No. 6K 455GA006 City of Kent 3M2007 Page 1 1 Journal Entry/Budget Change 1 Doc#: 46750 Ledger Type: AA Journal Entry Doc Type: JR Batch M 85193 Explanation: PK#41 Service Club Park/Quota G/L Date: 3/1/2007 Automatic Reversal? No Created by: JBROOM Last Changed by: JBROOM ' Line# B Unit Object Subsidiary Subledger Debit Amount Credit Amount Account Explanation Reference 1 0 P20024 56710 6,000 00- Service Club Park/Quota Club 20 1 11110 0010 6,00000 — Service Club Park/Quota Club Journal Entry Totals 6,00000 6,000 00- 1 have reviewed this journal entry for accuracy, validity and appropriateness. It is a true representation of transactions incurred while conducting City business Appropriate supporting documentation is attached 1 Dept-Authorized by: Finance - Reviewed by: ! t 1 1 ! 1 i t 1 ' Kent City Council Meeting Date April 3, 2007 Category Consent Calendar I 1. SUBJECT: DENA LAURENT MEMORIAL GARDEN DONATION—ACCEPT AND AMEND BUDGET 1 2. SUMMARY STATEMENT: Authorize the Mayor to accept the $2,183.75 donation from Michael Sorenson, for the Dena Laurent Memorial Garden and approve the expenditure of funds in the Adopt-A-Park budget. On October 28, 2006 family and friends planted trees and shrubs and laid pavers to complete the Dena Laurent Memorial Garden at Kherson Park in downtown Kent. Dena was a City employee who passed away after a long battle with cancer. This volunteer event was one of three organized Make A Difference Day events in 2006 The Sorenson family received donations and have turned those donations over to the City to reimburse costs expended for the purchase of a bench, plaque and plants. 3. EXHIBITS: Revenue report r4. RECOMMENDED BY: Parks and Human Services Committee (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No X If no: Unbudgeted Expense: Fund P20022.63180.530 Amount $2,183.75 Unbudgeted Revenue: Fund P20022.56718 530 Amount $2,183.75 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds ' DISCUSSION- ACTION: Council Agenda Item No. 6L 55GA006 City of Kent 3/2/2007 Page 1 Journal Entry/Budget Change Doc#: 46813 Ledger Type: AA Journal Entry Doc Type: JR Batch#: 85298 Explanation: PKS#42 D Laurent Memorial G/L Date: 3/2/2007 Automatic Reversal? No Created by: JBROOM Last Changed by: JBROO J( Lme# B Unit Object Subsidiary Subledger Debit Amount Credit Amount Account Explanation Reference 1 0 P20022 56718 2,183 75- D Laurent Memorial/Sorenson 20 1 11110 0010 2,18375 D Laurent Memorial/Sorenson Journal Entry Totals: 2,18375 2,183 75- 1 have reviewed this journal entry for accuracy, validity and appropriateness It is a true representation of transactions incurred while conducting City business Appropriate supporting documentation is attached. Dept-Authorized by: Finance-Reviewed by: t L 1 1 Kent City Council Meeting Date April 3, 2007 Category Consent Calendar 1. SUBJECT: S. 228TH STREET RIVERVIEW BOULEVARD OVERPASS — ACCEPT AS COMPLETE 2. SUMMARY STATEMENT: Accept the S. 2281h Street Riverview Boulevard Overpass Project as complete and release retainage to Rodarte Construction, Inc i 1 i 3. EXHIBITS: None 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 $ Unbudgeted Revenue: Fund Amount $ 6 CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ' Council Agenda Item No. 6M Kent City Council Meeting Date April 3, 2007 ' Category Other Business 1. SUBJECT: VISTA LANDING REZONE (QUASI-JUDICIAL PROCEEDING) 2. SUMMARY STATEMENT: The proposed ordinance relates to the proposed rezoning of approximately 3 acres of real property from Single Family Residential, 4 5 units per acre, to Single Family Residential, 6 units per acre The property is located at 10040 SE 267th Street. The Kent Hearing Examiner held a public hearing ' on February 21, 2007, and on March 6, 2007, issued Findings, Conclusions, and a Recommendation for approval, with the condition that any subsequent development proposals will limit subdivision to no more than thirteen (13) lots. 3. EXHIBITS: Ordinance; Hearing Examiner Findings, Conclusions and Recommendation; Staff Report with map; and Mitigated Determination of Nonsigmficance t4. RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: t Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ ' 6. CITY COUNCIL ACTION: Counciimember ^6YL moves, Councilmember fzq& seconds ' to accept/ je /modify the Findings, Conclusions and Recommendation of the Hearing Examiner, with conditions, on the Vista Landing Rezone, and to adopt Ordinance No. ' DISCUSSION: ,,,.h._ ACTION: ' Council Agenda 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 3 acres of property located at 10040 SE 267th Street from SR-4.5 (Single-Family Residential, 4.5 units per acre) to SR-6 (Single-Family Residential, 6 units per acre). (Vista Landing Rezone RZ-2006-9). RECITALS A. An application was filed on July 27, 2006, to rezone approximately 3 acres of property located at 10040 SE 267th Street from SR-4.5 (Single-Family ' Residential, 4.5 units per acre) to SR-6 (Single-Family Residential, 6 units per acre). (Vista Landing Rezone, #RZ-2006-9). B. The City's SEPA responsible official issued a Mitigated Determination ' of Nonsignificance (MDNS) (#ENV-2006-54) for the proposed rezone on January 24, 2007. C. A public hearing on the rezone was held before the hearing examiner on February 21, 2007. On March 6, 2007, the hearing examiner issued findings and conclusions that, with the condition that any subsequent subdivision shall be limited to no more than thirteen (13) lots, the Vista Landing 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 1 Vista Landing Rezone 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 Vista Landing Rezone. E. On April 3, 2007, 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. Council accepted the findings of the hearing examiner, including the condition that any subsequent subdivision shall be limited to no more than thirteen (13) lots, and adopted the hearing examiner's recommendation for approval of the Vista Landing Rezone from SR-4.5 to SR-6. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Recitals Incorporated as Findings. The foregoing recitals, ' which are incorporated by this reference, constitute the council's findings on this matter. SECTION 2. - Rezone. The property located at 10040 SE 267th Street in Kent, Washington consisting of approximately 3 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 SR-4.5 (Single-Family Residential, 4.5 units per acre) to SR-6 (Single-Family Residential, 6 units per acre), with the condition that any subsequent subdivision shall be no more than thirteen (13) lots. The City of Kent zoning map shall be amended to reflect the rezone granted above. SECTION 3. - 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. 2 Vista Landing Rezone SECTION 4. - Effective Date. This ordinance shall take effect and be in Lforce five (5) days from and after its publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of April, 2007. APPROVED: day of April, 2007. PUBLISHED: day of April, 2007. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P\Cavil\Ordinance\Rezone-Vista Landing dot 3 Vista Landing Rezone 1 vicinityMap , �, .zx.Y r�. drwrr+wtw�ra�c:e :,�•;��,' II v t ! ux[C_r N . '1 +��'^, ~ n• J K f i C xaW�:r xal KkKb 1M SE rhT !iT'1 „ S t_.M sl 4, d= `� • •:KkYr,.`IWi�..srti" ',11Y•f Y.+. 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SITS M :r `sr t;• _,�; .c u iI> IrI xII Kl,1' !41 4 1' S 7 N SE 1 O200A ME,Bros Maps r NOT TO SCALE EXHIBIT "A" EXHIBIT"B" THE EAST 3 ACRES OF THE WEST 6 ACRES OF THE FOLLOWING; NORTH 1/4 OF THE N.W. 1/4 OF THE S.W. 1/4 OF SECTION 29, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON LESS THE NORTH 595 FEET LESS THE COUNTY ROAD OFFICE OF THE LAND USE HEARING EXAMINER Theodore Paul Hunter KENT Hearing Examiner FOR THE CITY OF KENT WA5 H IN GTON FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: VISTA LANDING REZONE #RZ-2006-9 / KIVA #RPP4-2063517 APPLICANT: Todd Sherman Northwest Land Group LLC 619 N 65th Street Seattle, WA 98103 RE VEST: Request to rezone 3 acres from SR-4.5 Single Family Residential to SR-6 Single Family Residential. LOCATION: 10040 SE 267th Street, Kent, Washington APPLICATION FILED: July 27, 2006 MITIGATED DETERMINATION OF NONSIGNIFICANCE ISSUED: January 24, 2007 HEARING DATE: February 21, 2007 RECOMMENDATION ISSUED: March 6, 2007 RECOMMENDATION: GRANTED with condition STAFF REPRESENTATIVE: Sharon Clamp, City Planner TESTIMONY: The following people testified under oath: Sharon Clamp, Planner for the City of Kent Eric LeBrie, Applicant Representative ' Roger Hurst Findings, Conclusions and Recommendation City of Kent Hearing Examiner Vista Landing Rezone #RZ-2006-9, KIVA #RPP4-2063517 Page 1 of 10 Denise Simpson Mike Gillespie, Development Review, Public Works Department EXHIBITS: 1. Staff File, with attachments: ' A. Staff Report, dated February 14, 2007 B. Zoning Map Amendment (Rezone) Application, received July 27, 2006, and including a letter to the City of Kent, dated October 26, 2006 C. Public Comment Letters i. Letter from Denise and Brett Simpson, dated February 9, 2007 ii. Letter from Denise and Brett Simpson, received February 2, 2007 iii. Email from Denise Simpson to Sharon Clamp, dated November 22, 2006 iv. Letter from Carl Hutchinson, received September 11, 2006 v. Letter from Kevin Tucker, received September 11, 2006 vi. Letter from Roger and Wendy Hurst, received September 11, 2006 D. Department Routing and Comment documents E. Public Notice Documents, including affidavits of notice, publication notice, and mailing list F. Notice of Completeness, Notice of Application G. Mitigated Determination of Non- Significance, issued January 24, 2007, and SEPA Environmental Checklist H. Technical Information Report, revised September 14, 2006 I. Critical Areas Assessment and Delineation, received July 27, 2006 2. Email from Sally Mendel to Sharon Clamp, dated February 14, 2007 3. Vista Landing Rezone Map 4. Photos: A. Photo showing SE 267" Street 1 Findings, Conclusions and Recommendation City of Kent Hearing Examiner Vista Landing Rezone #RZ-2006-9, KIVA #RPP4-2063517 Page 2 of 10 B. Photo showing SE 267th Street 5. Photo depicting SE 267th Street 6. Parcel Map and Data printout from King County GIS, with hand drawn lines depicting lots fronting SE 267th Street 7. Aerial photo of site and surrounding neighborhood 8. Letter from Eric Pennala to Sharon Clamp, dated February 21, 2007 The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearing: FINDINGS 1. Todd Sherman (Applicant) requested a zoning map amendment to rezone 3 acres of land from SR-4.5, Single Family Residential, to SR-6, Single Family Residential.' The subject property is located at 10040 SE 267th Street, in Kent, Washington.z Exhibit 1, Attachment B. 2. The City of Kent (City) determined the rezone application and preliminary plat application to be complete on August 16, 2006, and issued a notice of application on August 28, 2006. On August 28, 2006, the City posted notice of the concurrent applications, sent notice to public agencies and parties of record, and published notice in the King CountyJournai, in compliance with City ordinances. Exhibit 1, Attachment F. 3. The City published notice of the public hearing associated with the rezone and preliminary plat applications in the Kent Reporter on February 10, 2007; posted notice on the subject property; and mailed notice to all owners of property within 300 feet of the subject property. In order to accommodate the appeal period for the Mitigated Determination of Non-Significance (MDNS), the record was held open through end-of-business February 21, 2007. Exhibit', Attachment 4 The City of Kent acted as lead agency for review of environmental impacts caused by the proposal. The City reviewed the environmental impacts for both ' Concurrent with the rezone request, the Applicant also submitted a preliminary plat application to subdivide the 3 acres into 13 lots, four tracts, and two roads. The preliminary plat application is addressed in a separate decision. See Decision of Hearing Examiner, Vista Landing Preliminary Plat File No. SU-2006-8, KIVA # RPP3-2063487. Z The property is identified by King County tax parcel number 292205-9211. A legal description of the property is included with the rezone application. Exhibit 1, Attachment B. Findings, Conciusrons and Recommendation City of Kent Hearing Examiner Vista Landing Rezone #RZ-2006-9, KIVA #RPP4-2063517 Page 3 of 10 z the proposed rezone and the concurrently submitted preliminary plat application.3 The City determined that with conditions, the rezone and preliminary plat proposals together would not have a probable significant adverse impact on the environment, and issued a Mitigated Determination of Nonsignificance (MDNS) on January 24, 2007. The five conditions on the MDNS require the Applicant to: (1) submit a Traffic Impact Study and construct the transportation improvements called for in the study or pay an Environmental Mitigation Fee representing the project's fair share of the City's South 272"d Street/South 277th Street Corridor Project; (2) construct a sidewalk connecting the subdivision with Scenic Hill Elementary, or, at the sole discretion of the Department of Public Works pay a regional sidewalk improvement mitigation fee; (3) utilize low-impact development techniques where deemed feasible by the City; (4) minimize negative impacts to on-site soil and neighboring properties; and (5) minimize grading and the need for retaining walls by following the natural topographical contours of the property. No appeal of the MDNS was received prior to the expiration of the appeal date, on February 21, 2007. Exhibit 1, Staff Report, page 3; Exhibit 1, Attachment G. 5. The property at issue was annexed to the City in 1994 (Ordinance No. 3171). It was zoned SR-4.5 at that time, based on the existing residential development. In support of the rezone request, the Applicant noted that the City performed environmental review of the property and surrounding neighborhood in 1995 and ' 1996, resulting in a Comprehensive Plan designation of SF-6, allowing development of up to 6 dwelling units per acre. The property maintained the SF- 6 designation with the 2001 Plan review and update; the 2004 Plan review and update; and most recently with the 2006 Plan revision. City of Kent Comprehensive Plan Land Use Map Figure 4.7, page 4-53; Exhibit 1, Staff Report, pages 9 and 11, Exhibit 1, Attachment B. 6. The subject parcel is currently located in the City's SR-4.5 Single Family Residential zoning district, which permits a maximum of 4.53 dwelling units per acre and a minimum lot size of 7,600 square feet.4 A three acre parcel of land with the SR-4.5 zoning classification could be developed with 13 lots.5 The SR-6 3 The Washington Supreme Court endorsed this combined threshold review process when it found impacts of a specific development proposal can be a useful yardstick to measure rezone impacts See CitizensA/bance v. Auburn, 126 Wn.2d. 356, 365 (1995). Combined threshold review is consistent with KCC 12.01.030(D), is a more efficient use of City, applicant and public resources, and promotes SEPA policies. See 126 Wn.2d at 366 ("The SEPA rules underscore flexibility and gauge the level of detail according to the proposal at issue'. 4 The maximum density and minimum lot size for the SR-4.5 zoning district is found in KCC 15.04.170. 5 The maximum density calculation for dwelling units per acre in the SR-4.5 district is 3 acres x 4.5 dwelling units/acre = 13.5 dwelling units. Findings, Conclusions and Recommendation City of Kent Heanng Examiner Vista Landing Rezone #RZ-2006-9, KIVA #RPP4-2063517 Page 4 of 10 zoning district would permit a maximum density of 6.05 dwelling units/acre on a 3.0 parcel, with a minimum lot size of 5,700 square feet, allowing for development of up to 18 lots on a three acre parcel.6 KCC 15.04.170; Exhibit 1, Attachment A, Staff Report, page 2. 7. The Applicant stated that the intent of the rezone request is not to increase density, but to allow development at the density level currently provided for by providing flexibility in the minimum lot size. At the open record hearing held February 21, 2007, Eric LeBrie testified on behalf of the Applicant that the need for a Level 2 stormwater drainage facility, the lack of direct access onto SE 267th Street, and other topographical constraints prevented the property from being developed with 13 lots that comply with the SR-4.5 minimum lot size requirements. Sharon Clamp, City Planner, testified that perhaps nine or ten lots could be developed In compliance with the SR-4.5 minimum lot size requirements. Mr. LeBrie testified that possibly up to li lots could be developed. He testified that if the rezone were approved, no more than 13 lots would be developed. He indicated that the Applicant would accept a condition on the preliminary plat application restricting development to a maximum of 13 lots. Exhibit 1, Attachment B; Exhibit 8; Testimony of Mr. LeBrie; Testimony of Ms. Clamp. 8. The City is constructing a sewer lift station at 104th Avenue SE and SE 267th Street, which would provide sewer service to the proposed subdivision. The Applicant stated that the City based the size of the sewer lift station on an assumption that the neighborhood would be built to the maximum density currently allowed, including an assumption that the subject property would be developed with 13 lots. Exhibit 1, Staff Report, page 11; Exhibit 8. j9. The Comprehensive Plan describes the Land Use Element as having "the central role of defining the direction of the Comprehensive Plan, and thereby defining the vision of the community." City Comprehensive Plan, Land Use Element, page 4-2. The Land Use Element includes the Land Use Map, which designates the subject property as SF-6. In addition, the Land Use Element contains goals and policies requiring a minimum density of four units per acre, encouraging flexibility in housing and site designs, promoting home ownership with smaller houses and lot sizes, and reducing urban sprawl by locating homes near services.7 Housing Element goals and policies relevant to the rezone request a The maximum density and minimum lot size for the SR-6 zoning district is found in KCC 15.04.170. The maximum density calculation for dwelling units per acre in the SR-6 district is 3 acres x 6.05 dwelling units/acre = 18.15 dwelling units. See Land Use Element Goals LU-9 and LU-10, and Policies LU-9.1, LU-9.4, and LU-10.4. Gty Comprehensive Plan, Land Use Element(last revised May 4, 2006),pages 4-32 and 4-33. Findings, Conclusions and Recommendation Gty of Kent Hearing Examiner Vista Landing Rezone #RZ-2006-9, KIVA #RPP4-2063517 Page 5 of 10 t include the promotion of home ownership by revising zoning codes to increase the supply of affordable housing options such as small lot sizes.$ Exhibit 1, Attachment A, Staff Report, pages 5— 9; Exhibit 1, Attachment B. 10. The property is accessed from SE 267th Street. The rezone request itself would not generate increased traffic on SE 267th Street and in the surrounding neighborhood. However, the proposed development allowed by the rezone would generate 12 new PM peak hour trips. The Applicant would address traffic impacts through the construction of street improvements and the payment of traffic mitigation fees, as required by the MDNS and proposed preliminary plat conditions of approval. Mr. LeBrie testified that the Applicant would construct sidewalks to connect the property with Scenic Hill Elementary. Exhibit 1, Attachment A, Staff Report, pages 2 and 10; Exhibit 1, Attachment G, MDNS. 11. The property is generally hilly, with slopes of up to 15 percent. There are deciduous and evergreen trees located on the property. The buffer of an off-site Type 2 stream, Mill Creek, extends onto the northeastern corner of the property. With the associated preliminary plat application, the Applicant proposes setting aside the stream buffer as a sensitive area. Exhibit 1, Attachment A, Staff Report, page 3; Exhibit 1, Attachment 1.. 12. The City received several public comment letters regarding the rezone request. Denise and Brett Simpson expressed concern that the proposed rezone would not fit with the existing neighborhood in a letter dated February 9, 2007, and an email dated November 22, 2006. Kevin Tucker stated that the current zoning is proper and adequate for the neighborhood, which he described as established, with single family homes on average or above average lots, in his letter dated September 11, 2006. In their letter, received by the City on September 11, 2006, Roger and Wendy Hurst stated that the proposed lot sizes would not fit the established neighborhood. Sally Mendel sent an email to Ms. Clamp on February 14, 2007, expressing concern that the proposed rezone would interfere with the privacy enjoyed by current residents. The letter writers also expressed concern that development resulting from the rezone would lead to increased 8 See Housing Element Goal H-7 and Policies H-7.3 and H-7.5. The City and Applicant also identified the following Comprehensive Plan goals and policies as particularly relevant to the rezone request: Land Use Goal LU-1; Land Use Policy LU-1.1; Housing Goals H-2 and H-5; Housing Policies H-2.3, H-2.5, H-5.1, H- 5.2, and H-5.3; Transportation Element Goal TR-1, and Transportation Policies TR-1.2, TR-1.8, TR-5.5, and TR-5.6. Exhibit 1, Attachment A, Staff Report, pages 5—9; Exhibit 1, Attachment B; Comprehensive Plan, Land Use Element (last revised May 4, 2006), page 4-26, Comprehensive Plan, Housing Element (2004), pages 6-11, 6-12, 6-14; Comprehensive Plan, Transportation Element(2004), pages 9-40, 9-41, and 9-43. Findings, Conclusions and Recommendation City of Kent Hearing Examiner Vista Landing Rezone #RZ-2006-9, KIVA #RPP4-2063517 Page 6 of 10 1 traffic and cookie-cutter style homes. Exhibit 1, Attachment A, Staff Report, page 5; Exhibit 1, Attachment C.t, C.iii, C.v, and C.vi, Exhibit 2. 13. Roger Hurst testified at the open record hearing that the proposed development and rezone would not be compatible with the 10,000 square foot lot sizes featured in the existing neighborhood. Denise Simpson testified that she is not opposed to development, but is opposed to the increased density that would be allowed with a rezone. Testimony of Mr. Hurst; Testimony of Ms. Simpson. 14. Ms. Clamp testified that a key concern with previous rezone requests has been a perceived incompatibility with existing neighborhoods. She testified that in this case, she believed that the proposed development that would be allowed with a rezone request would be compatible with the existing neighborhood. She recognized that properties to the south and west were developed with larger lots, but noted that the proposed development would not exceed the currently allowed density. Mr. LeBrie testified that the proposed development would be 1 compatible, as it would be single family residential development in a residential neighborhood. The Applicant submitted an aerial photo with a zoning district overlay, depicting properties to the west and east which are zoned SR-6, and SR- 8, in addition to multi-family, commercial, and office zoning districts in the surrounding neighborhoods. The Applicant stated that commercial development approximately one mile to the north of the property includes Target, Home Depot, and Top Foods, among others. Exhibit 1, Staff Report, page 10; Exhibit 1, Attachment B; Exhibit 7; Testimony of Ms. Clamp; Testimony of Mr. LeBrie. CONCLUSIONS Jurisdiction The Hearing Examiner has jurisdiction to hold an open record hearing on quasi-judicial actions, including this rezone, and to issue a written recommendation for final action to the City Council, pursuant to RCW 35A.63.170 and Kent City Code Chapters 2.32, 12.01 and 15.09. Criteria for Review 1 Section 15.09.050.0 of the Kent Zoning Code sets forth the standards and criteria the Hearing Examiner must use to evaluate a request for a rezone. A request for a rezone shall only be granted if: 1. The proposed rezone is consistent with the Comprehensive Plan; Findings, Conclusions and Recommendation City of Kent Hearing Examiner Vista Landing Rezone #RZ-2006-9, KIVA #RPP4 2063517 Page 7 of 10 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity; 3. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated; 4. Circumstances have changed substantially since the establishment j of the current zoning district to warrant the proposed rezone; and 5. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Conclusions Based on Findings 1. The proposed rezone is consistent with the Comprehensive Plan. The subject property is designated SF-6 by the Comprehensive Plan, allowing for development of up to six dwelling units per acre. The proposed rezone would bring the property into alignment with the Comprehensive Plan designation. Development on the subject parcel supported by the proposed rezone would not exceed a density of six units per acre. Properties in the vicinity of the subject parcel are also designated SF-6 under the Comprehensive Plan. The proposed rezone would support development of single family residences within the City limits near existing streets and services at a density of at least four units per net ' developable acre, consistent with Comprehensive Plan Land Use goals and policies. The smaller lot sizes made possible by the rezone would support a variety of housing styles, consistent with Housing Element goals and policies. ■ Development of the property would include improvements to area streets, j consistent with Transportation Element goals. The Comprehensive Plan contemplates the revision of zoning districts to ensure adequate housing options. Findings S and 9. 2. The proposed rezone and subsequent development would be compatible with the existing neighborhood. Although featuring smaller lot sizes, subsequent development would be single family residential, in a single family residential neighborhood. There are SR-6, SR-$, and multifamily zoning districts in the vicinity of the subject property, in addition to commercial development. Eric LeBrie testified on behalf of the Applicant that subsequent development would not increase density beyond what is currently allowed, and that the purpose of the rezone request is only to provide flexibility in the lot size requirements. A condition of approval on the subdivision request accompanying Findings, Conclusions and Recommendation City of Kent Hearing Examiner Vista Landing Rezone #RZ-2006-9, KIV4 #RPP4-2063517 Page 8 of 10 the proposed rezone would ensure that no more than 13 lots are developed, so that actual density is not increased above what is currently allowed. Findings 1, 6, 7, 12, 13, and 14. 3. The proposed rezone would not unduly burden the transportation system. The proposed rezone itself would not generate increased traffic. The Applicant would address traffic impacts resulting from the proposed subdivision associated with the rezone, by constructing street improvements on SE 267ch Street and off-site pedestrian walkways to connect the proposed subdivision with Scenic Hill Elementary. Findings 4 and 10. 4. Circumstances have changed substantially to warrant the proposed rezone. Washington state courts have held that proof of changed circumstances are not required for a rezone if the proposed rezone and associated development implement policies contained in the comprehensive plan. Bjarnson v. Kitsap County, 78 Wn.App. 840 (Div. I, 1995); Henderson v. Kittitas County, 124 Wn. App. 747 (Div. III, 2004). Here, property has been classified as SF-6 by the City Comprehensive Plan since 1995, a designation which has been upheld through multiple Comprehensive Plan updates and revisions. The rezone request and associated plat development would implement City Comprehensive Plan goals and policies to promote home ownership and reduce urban sprawl through flexibility in housing and site design. The rezone would bring the property into line with the SF-6 Comprehensive Plan classification. The City is constructing a sewer lift station at 104th Avenue SE and SE 267th Street, which would provide sewer service to the proposed subdivision. Findings 1, 5, 8, and 9. 5. The proposed rezone would not adversely affect public health, safety and general welfare. The City provided adequate public notice of the rezone application and associated public hearing. The rezone would not have a probable, significant, adverse impact on the environment. Approval of the proposed rezone would allow development of the property at the current density. Future development would be conditioned to address impacts on the surrounding neighborhood and streets. Findings 2 — 4, 6, 7, 10 — 14. RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that the application for a rezone of King County Tax Parcel Number 292205-9211 from SR-4.5 to SR-6 be GRANTED, provided that a condition is attached j Findings, Conclusions and Recommendation Clty of Kent Hearing Examiner Vista Landing Rezone #RZ-2006-9, KIVA #RPP4-2063517 Page 9 of 10 to any subsequent development proposals that will limit subdivision to no more than 13 lots. DATED this 7th day of March 2007. THEODORE PAUL HUNTER Hearing Examiner S:\Permit\Plan\rezone\2006\2063517-2006-gfindmgs doc Findings, Conclusions and Recommendation City of Kent Nearing Examiner Vista Landing Rezone #RZ-2006-9, KNA #RPP4-2063517 Page 10 of 10 i COMMUNITY DEVELOPMENT Fred N. Satterstrom, Director PLANNING SERVICES KEN T Charlene Anderson, AICP, Manager w A s H i N c*0 N Phone- 253-856-5454 Fax 253-856-6454 Address- 220 Fourth Avenue S. Kent, WA 98032-5895 KENT PLANNING SERVICES 253-856-5454 STAFF REPORT FOR HEARING EXAMINER MEETING OF FEBRUARY 21, 2007 FILE NO: VISTA LANDING #RZ-2006-9 KIVA#RPP4-2063517 1 #SU-2006-8 KIVA#RPP3-2063487 APPLICANT: Todd Sherman Northwest Land Group LLC 619 North 65th Street Seattle, WA 98103 RE UEST: A request to rezone and subdivide a 3 acre site. The applicant is requesting preliminary plat approval to create 13 single family lots based on a zoning change from SR-4.5 to SR-6. STAFF REPRESENTATIVE: Sharon Clamp, Planner STAFF RECOMMENDATION: Rezone: APPROVAL Subdivision: APPROVAL WITH CONDITIONS I. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to subdivide a three acre parcel into 13 single family residential lots, one stormwater tract, one sensitive area tract, one private access tract, and one public subdivision road tract. The single family residence and residential outbuildings will be removed. A portion of the 100-foot buffer from an offsite Type 2 stream extends onto the northeast corner of the site. In Staff Report , Vista Landing Rezone and Subdivision #RZ-2006-9 K1VA#RPP4-2063517 #SU-2006-8 K1VA#RPP3-2063487 addition, the applicant is seeking a rezone of the property from SR-4.5, single family residential, to SR-6, single family residential. The subdivision will take access from SE 267th Street via a new public residential ' street. This new street includes curbs, gutters, sidewalks, landscaping and streetlights. Roadway improvements to include curbs, gutters, sidewalks, landscaping and streetlights will also be made along the property frontage of SE 267th Street. In conjunction with the request for preliminary subdivision approval, the applicant proposes to rezone the site from the current zoning of SR-4.5, Single Family Residential to SR-6, Single Family Residential. The proposed subdivision has been configured to meet the standards of the SR-6 zoning district. ' B. Location The subject site is located at 10040 SE 267th Street and is identified by King County tax parcel number 2922059211. C. Size of Property The subject site is three acres in size. D. Zoning The site is currently zoned SR-4.5, Single Family Residential. Adjacent properties in all directions are zoned SR-4.5. E. Land Use The City of Kent Comprehensive Land Use Map designates the site as SF-6 Single Family Residential, 6 Units per acre. The surrounding area is also designated as SF-6. Single family residences on platted lots abut the site to the south. Single family residences on large lots with future development potential abut the site to the east and west. Mill Creek Canyon Park abuts the site to the north. F. History The subject property was annexed to the City of Kent in June, 1994 as part of the 594 acre Ramstead annexation (Ordinance No. 3171). The zoning designation of SR-4.5 was established upon annexation. Page 2 of 29 ■ Staff Report Vista Landing Rezone and Subdivision j #RZ-2006-9 KIVA#RPP4-2063517 #SU-2006-8 KIVA#RPP3-2063487 A tentative subdivision meeting was held on April 26, 2006 where City staff and the applicant discussed likely conditions of approval associated with this project. III. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment iThe applicant's SEPA application requested both non-project (rezone) and project-specific (subdivision) analysis. A Mitigated Determination of Nonsignificance (#ENV-2006-54) for the non-project rezone as well as a project-specific 13 lot subdivision was issued on January 24, 2007. No conditions were proposed for the rezone portion of the SEPA application. A copy of this MDNS is part of the record for this plat and rezone application. No appeals to this decision have been filed as of the date of this staff analysis. The appeal period will expire on February 21, 2007. iThe proposed project portion of the checklist contemplates a 13-lot subdivision. Environmental impacts associated with the proposed subdivision development have been analyzed and conditioned in the above referenced determination. The project specific proposal is dependent upon the outcome of the rezone application. B. Significant Physical Features Topography. Wetlands and Vegetation The site is described as hilly with slopes of up to 15 percent. Upper Mill Creek is located off-site to the northeast of the subject parcel. A portion of Mill Creek's 100-foot buffer extends onto the project site. The stream buffer shall be protected in accordance with Kent City Code Section 11.06, including recording a sensitive area easement or deeding the property to the City for preservation of stream function and values. A copy of the wetland and stream analysis report is located in the Public Works Department, Engineering Division, in Wetland File No. 06-27. No impacts to the stream or its buffer are proposed as a result of this development. Deciduous and evergreen trees have been identified on the subject site and are scattered around the site in a manner that will likely require tree removal to allow for future roadway and home development. The applicant will submit a survey of significant on-site trees and, as part of civil construction plan review, be required to submit and receive approval of a detailed tree plan that shows trees to be retained. Page 3 of 29 i Staff Report Vista Landing Rezone and Subdivision #RZ-2006-9 KIVA#RPP4-2063517 #SU-2006-8 KIVA#RPP3-2063487 C. Significant Social Features 1. Street System The proposed development project is located on the East Hill of the City and is proposed to take its only access from SE 267th Street. This street is classified as a Residential Collector Arterial Street with Bike Lanes within the City's Comprehensive Plan. This street is not fully constructed to current street standards. This street has an existing public right-of- way width of about 60 feet, while the asphalt street width is currently about 20 feet wide. The existing street provides for two narrow lanes of traffic and does not include the following street improvement features: cement concrete curbs and gutters; stormwater drainage system; cement concrete sidewalks; or a street lighting system. The existing asphalt pavement section of the street is inadequate to provide an expected 20-year service life and is in need of an asphalt overlay/rebuild in order to maintain an acceptable level of service while accommodating the increased volume of trips being generated by this proposal. This development is within an area that is characterized by streets with , narrow traffic lanes and narrow or no shoulders, and has been identified as having substandard pedestrian facilities. This development will require off-site sidewalks/walkways to provide safe travel for school-age pedestrians to and from the closest school bus stop for Scenic Hill Elementary School. As stated in the SEPA decision document, this development will cause significant and/or additional congestion at the intersections of SE 267th Street at 104th Avenue SE, 104th Avenue SE at SE 272nd Street, SE 272nd Street at 108th Avenue SE, and 108th Avenue SE at SE 274th Way. 2. Water System All homes within the proposed plat will be connected to the public water system provided by the City of Kent. 3. Sanitary Sewer System All homes within the proposed plat will be connected to the public sanitary sewer system provided by the City of Kent. Page 4 of 29 Staff Report Vista Landing Rezone and Subdivision #RZ-2006-9 KIVA#RPP4-2063517 #SU-2006-8 KIVA#RPP3-2063487 4. Stormwater System A stormwater system will be necessary to accommodate any subsequent development. The developer will be required to complete a drainage analysis then develop and submit drainage plans prepared in accordance with the 2002 City of Kent surface Water Design Manual and the 1998 IKing County Surface Water Design Manual. III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of these applications: Economic Development Manager Police Department Public Works Department Fire Department Parks & Recreation Director City Clerk City Attorney Kent School District U.S. Post Master Washington State Department of Ecology King Co. Wastewater Treatment Puget Sound Energy King Co. Environmental Health Qwest King Co. Transit Division Washington State Dept. of Transportation In addition to the above, all persons owning property located within 300 feet of the site were notified of the public hearing Written public comments were received from Carl A. Hutchinson residing at 845 Reiten Road, Kevin Tucker residing at 10114 SE 268th Street, Roger and Wendy Hurst residing at 26705 102"d Ave SE, and Denise and Brett Simpson residing at 10005 SE 267T" Street. To summarize, the comments concerned higher density; smaller lot sizes and the effect on existing home values; box- like, cookie cutter style houses; traffic impacts and traffic safety; sidewalks/safe walking conditions; impacts of development on schools; tree preservation, and adverse effects on the environment. Generally, these comments are addressed in the staff analysis of this report through existing development codes and ordinances adopted by the City of Kent that are applied to this proposal through the subdivision process. City ordinances and development regulations which apply to road and street frontage improvements, school and traffic mitigation fees, stormwater management, water and sewer availability, and the preservation and protection of sensitive areas are in place to protect the general welfare of the community. IV. PLANNING SERVICES REVIEW A. Comprehensive Plan The City of Kent has adopted a revised Comprehensive Plan pursuant to the Growth Management Act (Ordinance #3698 — July 2004). The goals and Page 5 of 29 Staff Report Vista Landing Rezone and Subdivision #RZ-2006-9 KIVA#RPP4-2063517 #SU-2006-8 KIVA#RPP3-2063487 policies of the Comprehensive Plan represent an expression of community intentions and aspirations concerning the future of Kent and the area within the potential annexation area. The Comprehensive Plan is used by the Mayor, City Council, Land Use and Planning Board, Hearing Examiner and City departments , to guide decision-making relative to development and capital facility spending. The City of Kent Comprehensive Plan is comprised of eleven elements which ' contain written goals and policies as well as a land use map. The proposed subdivision and rezone supports the following goals and policies of the Plan: LAND USE ELEMENT The Land Use Element of the plan contains a Land Use Plan Map, which designates the type and intensity of land uses throughout the city, as well as in the entire potential annexation area. The Land Use Plan Map designates the subject property as SF-6, Single Family Residential which allows six units per acre. In addition to the Land Use Plan Map, the Land Use Element also contains goals and policies relating to the location, density, and design of future development in the City and in the Potential Annexation Area. Goal LU-1: Designate a Potential Annexation Area which will define the City's planning area and projected city limits for the next 20 years. Policy LU-1.1: Provide enough land in the City's Potential Annexation Area to accommodate the level of household growth projected to occur in the next 20 years. Policy LU-9.1: Where appropriate, establish urban residential densities of at least four (4) units per net developable acre in order to adequately support urban densities. Policy LU-9.4: Locate housing opportunities with a variety of densities within close proximity to employment, shopping, transit, and where possible, near human and community services. Goal LU-10: Provide opportunities for a variety of housing types, options, and densities throughout the City and the Potential Annexation Area to meet needs of the region's changing demographics. Policy LU-10.4: Allow single family housing on a variety of lot sizes. Locate smaller lot sizes within close proximity of the Urban Center or Activity Centers wherever possible. Page 6 of 29 Staff Report Vista Landing Rezone and Subdivision 1 #RZ-2006-9 KIVA#RPP4-2063517 #SU-2006-8 KIVA#RPP3-2063487 Planning Services Comment: The proposed subdivision is supported by relevant goals and policies contained within the Land Use Element of the Comprehensive Plan. The development proposed through this subdivision request seeks to establish residential lots at an overall net density of approximately 4.3 units per acre, which is sufficient to support urban services and infrastructure. The proposed location is easily served by existing urban services and is in convenient proximity to commercial areas along 1041" Avenue SE. The land use plan supports the development of close-in vacant or underdeveloped properties, which limits further urban sprawl on the edges of the planning area. Also, one of the objectives of the comprehensive plan is to provide a wide variety of housing types and opportunities to L accommodate projected population growth without converting single family lands to multifamily residential. A subdivision on underdeveloped, single family zoned land is consistent with this objective. HOUSING ELEMENT The primary goal of the housing element is to meet the current and future need for housing in the Kent area The ability to obtain affordable housing is essential to a stable, healthy, and thriving community. IGoal H-2: Promote the organization and enhancement of neighborhoods and provide the opportunity for comfortable and well-maintained housing for all citizens. Policy H-2.3: Provide an appropriate mix of housing styles and choices, allowing for different types of housing from neighborhood to neighborhood. Policy H-2.5: Require developments to provide their fair share of on- site and off-site improvements needed as a result of the development. Goal H-5: Increase housing opportunities through a diversity of housing types and the innovative use of residential and tcommercial land. ■ Policy H-5.1: Expand the range of affordable housing choice available to meet the needs of both current Kent residents and residents projected in growth estimates. Policy H-5.2: Provide a sufficient amount of land zoned for current and projected residential needs including, but not limited to, Page 7 of 29 Staff Report Vista Landing Rezone and Subdivision #RZ-2006-9 KIVA#RPP4-2063517 #SU-2006-8 K1VA#RPP3-2063487 assisted housing, housing for low income households, single family housing, and small lot sizes. Policy H-5.3: Promote diversity of housing types affordable to a range ' of income levels and cultural/ethnic diversity. Goal H-7: Encourage flexibility and innovative site and budding , design for a variety of housing developments to expand home ownership. Planning Services Comment i The proposed subdivision is supported by relevant goals and policies contained within the Housing Element of the Comprehensive Plan. The overall density for the project as mentioned above is proposed at an acceptable level to support urban services, and supports projected population growth and the changing demographics of the City. Appropriate services, including, but not limited to, fire, police, medical services, neighborhood shopping and child care are easily accessible to neighborhood residents upon development of the subject property. 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. 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 this proposal as SF-6 Single Family Residential. The Public Works Department has identified improvements to the local transportation network necessary to accommodate the proposed higher density. These improvements will be required through the conditions of approval proposed for this subdivision. Also, through the SEPA process, the proposed subdivision has been conditioned to pay an environmental mitigation fee (EMF) to participate in, and pay a fair share of, the estimated construction costs of the City's South 272"d/South 277th Street Page 8 of 29 1 1 IStaff Report Vista Landing Rezone and Subdivision #RZ-2006-9 KIVA#RPP4-2063517 #SU-2006-8 KIVA#RPP3-2063487 Corridor Project. The EMF is based on 12 new PM peak hour traffic trips which will be generated by the proposed development. The proposed rezoning of the property from SR-4.5 to SR-6 is also consistent with the Comprehensive Plan map designation of SF-6. B. Zoning Code 1. Feasibility of Development If the proposed rezone from SR-4.5 to SR-6 Single Family Residential is approved, development on all lots in the proposed subdivision will be subject to Zoning Code requirements in the SR-6, Single Family Residential zoning district. All proposed lots within the subdivision meet the minimum lot size and width requirements for the SR-6, Single Family Residential district. Numerous significant trees are located on the site. Zoning regulations encourage the retention of significant trees where roads, utilities, and site improvements are not proposed. Tree retention plans will be required for the plat and development of each lot where trees are located (per KCC Section 15.08.240). 2. Criteria for Granting a Request for Rezone The following standards and criteria (Kent Zoning Code, Section 15.09.050) are used by the Hearing Examiner and City Council to evaluate a request for a rezone. Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria. a. The proposed rezone is consistent with the Comprehensive Plan. Plannino Services Comment The Comprehensive Plan Land Use Plan Map designates the subject property as SF-6, Single Family Residential which allows up to six units per acre. A rezone of the site from SR-4.5 Single Family Residential to SR-6 Single Family Residential will allow residential development up to 6.05 units per acre, which is consistent with the Kent Comprehensive Plan. As previously discussed, the proposed rezone is also consistent with the applicable goals and policies of the Comprehensive Plan. Page 9 of 29 i Staff Report Vista Landing Rezone and Subdivision #RZ-2006-9 KIVA#RPP4-2063517 #SU-2006-8 KIVA#RPP3-2063487 b. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Planning Services Comment , The proposed rezone and subsequent single family residential development of the site will be compatible and integrate well with the existing development in the vicinity because uses in the area are predominantly detached single family residential with some multi-family and commercial developments in close proximity to the subject site. This subdivision proposes to create 13 residential lots at a gross density of 4.33 units per acre. The applicant points out in application submittal documents that the maximum gross density allowed in the current zone, SR-4.5, is 4.53 du/ac; therefore, the rezone does not increase overall density, but merely allows Flexibility in the minimum lot area required in order to achieve the maximum density of the SR-4.5 zoning district. This density of residential development is sufficient to support existing local urban services. C. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. Planning Services Comment A rezone of this property to SR-6 Single Family Residential will not generate additional trips onto the existing transportation system. However, subsequent development of a proposed 13-lot subdivision will add a net 12 PM peak hour trips to the local street system. Upon development of the site, road and street frontage improvements to meet the City of Kent roadway standards will be required as subdivision conditions of approval. These improvements include curb, gutter, sidewalks, planting strips, street lighting, paving, and public stormwater conveyance for both the property frontage along SE 267`h Street and the new public internal subdivision road. The applicant will be also be required to participate in other City transportation improvement projects by providing an environmental mitigation fee for the impacts created by development. d. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Page 10 of 29 rStaff Report Vista Landing Rezone and Subdivision #RZ-2006-9 KIVA#RPP4-2063517 #SU-2006-8 KIVA#RPP3-2063487 Planning Services Comment The subject parcel was annexed to the City of Kent in June 1994 as part 1 of the 594 acre Ramstead annexation (Ord. 3171) and is developed with one single family residence. In 2004 the City of Kent updated its Comprehensive Plan which designates this area as SF-6 Single Family Residential. Along with the Land Use Plan Map and Policies, the plan also contains a target for the number of new households the City must accommodate for the 20-year time horizon of the plan. The GMA also states the City's development regulations must implement, and be consistent with the Comprehensive Plan. This proposal, which seeks to establish higher density single family development with smaller lot sizes while recognizing significant environmental features, is consistent with the goals and policies of the Comprehensive Plan. Upon annexation in 1994, zoning for the area was set at SR-4.5 which was consistent with the existing single family land use patterns in this particular location. Annexation records on file in Kent's Planning Services office indicate that prior to annexation, for purposes of King County planning, this area was within the County's Soos Creek Community Planning area. The Soos Creek Community Plan was last updated in 1991. At the time of annexation, zoning under King County was GR-2, Growth Reserve Phase Two. Under the Soos Creek Community Plan, Growth Reserve Phase Two properties were to remain at a low density until annexed to a city or a King County plan amendment would apply an urban density. Phase Two properties would have been eligible for a rezone in 1995 with anticipated lot sizes of 7200 square feet, which equates to a density of 6.05 du/ac. Since annexation in 1994 improvements to roadway infrastructure serving this area have been completed including a major intersection upgrade at SE 256th Street and 1041h Avenue SE and the completion of the SE 272/2771h Street Corridor. Also, sewer infrastructure improvements are currently under construction in the form of a sewer lift station located at 104th Avenue SE and SE 2671h Street which will provide Ipublic sanitary sewer service to this site. e. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Page 11 of 29 1 Staff Report Vista Landing Rezone and Subdivision #RZ-2006-9 KIVA#RPP4-2063517 #SU-2006-8 KIVA#RPP3-2063487 Planning Services Comment The proposed rezone is consistent with the intent of the Comprehensive Plan. Subsequent development on the site is 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. C. Standards for Granting a Subdivision The purpose of the City of Kent Subdivision Code is to provide rules, regulations, requirements, standards and procedures for subdividing land in the City of Kent, ensuring that the highest feasible quality in subdivisions will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be promoted; that proper provisions for all public facilities, including connectivity, circulation, utilities, and services shall be made; that maximum advantage of site characteristics shall be taken into consideration; and that the process shall be in conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan (KCC 12.04.015). The procedures regulating subdivisions are established to ensure quality 1 development which promotes orderly and efficient growth, the conservation and proper use of land; protects the public health, safety, general welfare, and aesthetics of the city; makes adequate provisions for public facilities in conformance with provisions set forth in KCC Title 15, Zoning, and the Kent Comprehensive Plan; and complies with the provisions of this chapter and Chapter 58.17 RCW (KCC 12.04.600). No subdivision shall be approved unless the following principles of acceptability are met; the subdivision shall: 1. Create legal building sites which comply with all provisions of KCC Title 15, Zoning, and health regulations; 2. Establish access to a public road for each segregated parcel; 3. Have suitable physical characteristics; a proposed plat may be denied because of flood, inundation or wetland conditions; slope, soil stability and/or capabilities; or the construction of protective improvements may be required as a condition of approval; Page 12 of 29 rStaff Report Vista Landing Rezone and Subdivision #RZ-2006-9 KIVA#RPP4-2063517 #SU-2006-8 KIVA#RPP3-2063487 4. If adjacent to another municipality or King County, take into consideration the subdivision standards of that jurisdiction as well as the requirements of this chapter; 5. Make adequate provision for stormwater detention, drainageways, water supplies, sanitary wastes, and other public utilities and services, as 1 deemed necessary; 6. Make adequate provision for the connectivity of streets, alleys, pedestrian Iaccessways and other public ways (KCC 12 04.635). As evidenced by the General Information in Section I. and the following responses to the criteria for approving subdivisions, the proposal is in general conformance with the Kent Subdivision Code. Furthermore, Section 12.04.685 of the Kent Subdivision Code indicates that a subdivision shall not be approved unless the City finds that: 1 1. Appropriate provisions have been made for: a. The public health, safety and general welfare of the community; The proposed plat is consistent with the Comprehensive Plan designation of SF-6. The proposed density and lot dimensions are consistent with the SR-6 zoning district, as proposed through this application. b. Protection of environmentally sensitive lands and habitat; An environmental checklist was submitted and reviewed by the City which identified environmental impacts associated with this rezone and subdivision proposal. Other than a small portion of the Mill Creek stream buffer located at the northeast corner of the site, no environmentally sensitive lands or habitats were identified on the site. ■ C. Open spaces; 1 Provisions for open space will be made through payment of a fee in lieu of dedication of on-site open space as discussed in section 1 d. below. IPage 13 of 29 Staff Report Vista Landing Rezone and Subdivision #RZ-2006-9 KIVA#RPP4-2063517 #SU-2006-8 KIVA#RPP3-2063487 d. Community parks and recreation; To mitigate the impacts of this proposal on parks and recreation, the applicant will be required to pay a fee in lieu of dedication of land pursuant to KCC 12.04.780. The fee in lieu of a dedication of five percent for open space parkland is $14,100 based on 2007 tax assessment records from the King County Assessors office. e. Neighborhood tot lots and play areas; Provisions for these areas will be accomplished by the fee paid under section d. above. f. Schools and school grounds; The subject property lies within the Kent School District. Pursuant to KCC 12.13.160, a school impact fee will be assessed in association with the subdivision of land. The impact fee will be assessed and collected for each individual lot at the time of construction permit issuance and will be based upon the adopted impact fee at that time. g. Drainageways; Each individual residence will be required to provide on-site infiltration as well as an overflow connection to an approved conveyance system. h. Stormwater Detention; An on-sit public detention/retention stormwater pond system in accordance with Kent Construction Standards will be required to mitigate for potential impacts to both stormwater runoff quantity and quality. The City of Kent Public Works Department has reviewed the incremental increase in impervious area and determined the proposed stormwater system to be adequate. i. Connectivity of sidewalks, pedestrian pathways, traffic calming features and devices, and other planning features that assure safe walking conditions within and between subdivisions for residents and students who walk to and from schools, parks, transit stops and other neighborhood services; Page 14 of 29 Staff Report Vista Landing Rezone and Subdivision I #RZ-2006-9 KIVA#RPP4-2063517 #SU-2006-8 KIVA#RPP3-2063487 Sidewalks will be required along both sides of the new public subdivision street and along the properly frontage on SE 267th Street. Additionally, as a condition of the SEPA review the applicant will be required to construct off-site walkway improvements from the proposed development to the end of the sidewalk system on SE 267th Street serving Scenic Hill Elementary 1 School. Or at the sole discretion of the Department of Public Works, the applicant may instead pay a regional sidewalk improvement mitigation fee in the amount of $1500 per gross Iacre to the School Pedestrian Walkways Fund (fund #R20036). j. Connectivity of streets or roads, alleys, pedestrian accessways, and other public ways within and between subdivisions and neighborhoods; The new public subdivision road connecting to SE 267th Street will be stubbed out to connect to the west as this adjacent parcel has sufficient area for future development. Due to the slopes to ' the east, roadway connectivity was not deemed feasible. k. Transit stops; Mass transit service is provided by King County METRO. The nearest park and ride facilities are located on 124th Avenue SE at SE 256th Street and at the transit station in downtown Kent. I. Potable water supplies; All homes within the proposed plat will be connected to water service provided by the City of Kent. M. Sanitary wastes; All homes within the proposed plat will be connected to sanitary sewer service provided by the City of Kent. n. Other public utilities and services, as deemed necessary: 1 Power and natural gas lines will be installed during plat construction. Garbage service will be established by the individual residents. 2. The city has considered all other relevant facts; and determined that the proposed plat will be in conformance with all of the criteria listed above. Page 15 of 29 Staff Report Vista Landing Rezone and Subdivision #RZ-2006-9 KIVA#RPP4-2063517 #SU-2006-8 KIVA#RPP3-2063487 3. The public use and interest will be served by the platting of such , subdivision and dedication. 4. The City has considered the physical characteristics of the proposed subdivision site and may deny a proposed plat because of flood, inundation, or wetland conditions; slope, or soil stability and/or capabilities. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. D. Consistency Analysis t The proposed rezone and subdivision are consistent with the goals and policies of the City of Kent Comprehensive Plan. 1. Type of Land Use Allowed The development of single family home sites is a principally permitted use on land zoned SR-6, Single Family Residential. 2. Level of Development Allowed The proposed subdivision of three acres into 13 building sites is consistent with the designated Comprehensive Plan designation of SF-6 Single Family/6 units per acre and with the zoning designation of SR-6 (pending the outcome of RZ-2006-9). 3. Adequacy of Infrastructure The proposed subdivision will place increased demands on existing transportation, and water and sanitary sewer systems in the general vicinity. The project will also result in an increase of impervious surface. When fully developed, the impact of 13 new homes being occupied will result in an estimated 120 daily and 12 new PM peak hour trips to the local street system. The effects on the domestic water supply, sanitary sewer service, stormwater run-off, conveyance, storage, treatment and discharge and transportation impacts have been analyzed through the SEPA process and the associated MDNS. Page 16 of 29 Staff Report Vista Landing Rezone and Subdivision #RZ-2006-9 KfVA#RPP4-2063517 #SU-2006-8 KIVA#RPP3-2063487 4. Characteristics of the Proposed Subdivision The proposed subdivision, as presented, is in general conformance with the Kent City Code with respect to the required minimum lot area, minimum lot width and access to a public right-of-way. E. Proposed Findings Planning Services has reviewed these applications in relation to the Comprehensive Plan, zoning, land use, street system, flood control problems and comments from other departments and finds that: 1. The Kent Comprehensive Plan Land Use Map designates this site SF-6, Single Family Residential, 6 units per acre maximum density. 2. The site is currently zoned, SR-4.5, Single Family Residential. If RZ-2006-9 is approved, this site will be zoned SR-6, Single Family Residential Under the SR-6 zoning, the site will be subject to the development standards which include 5,700 square foot minimum lot size and 50 foot minimum lot width. 3. Land uses in the vicinity are single family residential, multifamily residential, and commercial. i4. A Tentative Plat meeting was held for the proposed subdivision on April 26, 2006 (TSU-2006-8). 5. A Mitigated Determination of Nonsignificance was issued for the proposed rezone and plat on January 24, 2007 (#ENV-2006-54). I6. There are significant trees of six inch or greater caliper located on the ■ property. 7. The site has access to SE 2671h Street. 8. The subject property will receive water service from the City of Kent. 9. The subject property will receive sewer service from the City of Kent. Page 17 of 29 Staff Report Vista Landing Rezone and Subdivision #RZ-2006-9 KIVA#RPP4-2063517 , #SU-2006-8 KIVA#RPP3-2063487 V. CITY STAFF RECOMMENDATIONS 1. ZONING MAP AMENDMENT (#RZ-2006-9) 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 Vista , Landing rezone. 2. PRELIMINARY SUBDIVISION (#SU-2006-8) Based on the merits of this request and the code criteria for granting a preliminary subdivision, staff recommends APPROVAL of the proposed Vista Landing preliminary plat subject to the following conditions: A. GENERAL CONDITION OF APPROVAL 1. Approval of this subdivision as proposed is conditioned upon Kent City Council approval of the associated proposed rezone of the subject parcel from SR-4.5 to SR-6; file number RZ-2006-9. B. PRIOR TO RECORDING THIS SUBDIVISION: 1. The Owner/Subdivider shall pay all Charges in Lieu of Assessments and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference and/or prior to recording this plat, whichever comes first. 2. The Owner/Subdivider shall provide Public Works with a digital plat map prepared with a CAD program. The digital information can be formatted in either *.DWG (AutoCad) or *.DXF (Drawing Exchange File), but must be based upon State Plane coordinates: an assumed coordinate system is no permitted. The State Plane Coordinates shall be on the NAD , 83/91 datum and must relate to at least two City of Kent reference points within one half mile of the subdivision. In addition, the project shall be tied into at least two City of Kent NAD 88 vertical benchmarks and two additional permanent benchmarks shall be established within the project. The locations, descriptions and elevations of these benchmarks will be reported at the time as-built drawings are submitted along with ' field notes sufficient to verify the required precision. Page 18 of 29 Staff Report Vista Landing Rezone and Subdivision #RZ-2006-9 KIVA#RPP4-2063517 #SU-2006-8 KIVA#RPP3-2063487 3. The Owner/Subdivider shall submit and receive City approval for engineering drawings from the Department of Public Works, and shall then either construct or bond for the following: a. A public gravity sanitary sewer system to serve all lots. 1 The public sanitary sewer system shall be extended from the existing public sanitary sewer system and shall be sized to serve all off-site properties within the same service area; in addition, the sanitary sewer system shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area, unless otherwise determined by the sanitary sewer purveyor. The septic system serving the existing home within the proposed subdivision shall be abandoned in accordance with King County Health Department Regulations. ' b. A public water system meeting domestic and fire flow requirements for all lots. ' The public water system shall be extended and shall be sized to serve all off-site properties within the same service area; in addition, the water main extension shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area, unless otherwise determined by the water purveyor. Existing wells, if any, shall be decommissioned in accordance with the requirements of the Department of Ecology. C. A stormwater system. The Engineering Plans must meet ' the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface Water Design Manual (KSWDM). Initial guidance for the Engineering Plans is given below (See Chapter 2 of KSWDM for detailed submittal requirements): (1) The Engineering Plans will include at a minimum: Site improvement plans which include all plans, details, notes and specifications necessary to construct road, drainage, and other related improvements. The engineering plans shall include ' Page 19 of 29 1 Staff Report ' Vista Landing Rezone and Subdivision #RZ-2006-9 KIVA#RPP4-2063517 #SU-2006-8 KIVA#RPP3-2063487 a technical information report (TIR) which contains all the technical information and analysis to develop the site improvement plans. (2) An erosion and sedimentation control (ESC) plan , shall be included in the engineering plans. The ESC shall meet the requirements of the Cityof , Kent Construction Standards, and the 2002 City of Kent Surface Water Design Manual. These plans must reflect the Detailed Grading Plan discussed below, and the Planning Services approved Detailed Tree Plan. (3) The retention/detention and release standard that will be met by the subdivision Level Two. The water quality menu that will be met by the subdivision is the Resource Stream Protection Menu. (4) The site improvement plans and technical information report will contain drainage calculations and a drawing of the retention/ detention pond tract at an appropriate engineering scale. The site improvement plans will also show that all required stormwater management facilities will be outside of delineated wetlands and their buffers, as well as outside of creeks and rivers and their buffers. (5) A downstream analysis is required for this development, and it will include an analysis for capacity, erosion potential, and water quality. , Refer to the requirements of Technical Information Reports in Section 3: "Offsite Analysis", of the 2002 City of Kent Surface Water Design Manual for the specific information required for downstream analyses. (6) Roof downspouts for each roofed structure , (house, garage, carport, etc.) shall be diverted to a Roof Downspout Infiltration System meeting the requirements of section 5.4.5, Infiltration Trenches, of the 1998 Surface Water Design Manual. These roof downspout conveyance and infiltration systems shall include overflow pipes Page 20 of 29 1 Staff Report Vista Landing Rezone and Subdivision #RZ-2006-9 KIVA#RPP4-2063517 #SU-2006-8 KIVA#RPP3-2063487 connected to an approved dispersion system. The drainage plans shall include an approved detail for the roof downspout infiltration system. The face of 1 the recorded plat shall contain the following restriction: AS A CONDITION OF BUILDING PERMIT ISSUEANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE APPROVED PLANS. (7) If determined necessary by the Public Works Department following review and approval of the required downstream analysis, the Owner/Subdivider shall provide public drainage ' easements meeting the requirements of the C_yt of Kent Construction Standards for the specified downstream reach where adequate public drainage easements do not currently exist. (8) The Owner/Subdivider shall submit Landscape Plans for within and surrounding the retention/detention facility to the Planning Department and to the Department of Public I Works for concurrent review and approval prior to, or in conjunction with, the approval of the Engineering Plans. These Landscape Plans shall meet the minimum requirements of the City of Kent Construction Standards, and the stormwater management landscaping requirements contained 1 within the 1998 King County Surface Water Design Manual. Landscape Plans are required to show adjacent Street Trees so that the City arborist can assess potential adverse stress upon all types of vegetation. (9) The Owner/Subdivider shall execute Declaration of Stormwater Facility Maintenance Covenants for the private portions of the drainage system prepared by the Property Management Section of the Department of Public Works. See Reference 8- F, Declaration of Stormwater Facility Maintenance Covenant, to the 2002 City of Kent Surface Water Page 21 of 29 Staff Report , Vista Landing Rezone and Subdivision #RZ-2006-9 KIVA#RPP4-2063517 #SU-2006-8 KIVA#RPP3-2063487 Design Manual for information on what is contained within this document. d. A Detailed Grading Plan for the entire subdivision meeting ' the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & , Grading Plans Initial guidance for these plans is given below: (1) These plans will include provisions for utilities, ' roadways, retention/ detention ponds, stormwater treatment facilities, and a building footpad for every lot. (2) These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits: phasing of grading on a lot-by-lot basis will not be considered. (3) These plans will use a 2-foot maximum contour interval, and every fifth contour line will be darker, wider and labeled in conformance to standard drafting practice. f. Interim Street Improvement Plans for Southeast 2671h Street. These Interim Street Improvement Plans shall meet the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements, and # 6-8, Street Improvement Plans, for a street designated as a Residential Collector Arterial Street with Bike Lanes within the City of Kent Comprehensive Plan. Initial guidance for the necessary interim street improvements is given below: (1) Combined vertical concrete curbs and gutters, a 5- foot wide planter strip, and a 5-foot cement concrete sidewalk along the north side of the street. , (2) A minimum of 22-feet of Hot Mix Asphalt (HMA) pavement as measured from the approved centerline of the street to the face of curb on the Page 22 of 29 IStaff Report Vista Landing Rezone and Subdivision #RZ-2006-9 KIVA#RPP4-2063517 #SU-2006-8 KIVA#RPP3-2063487 north side of the street, plus at least 12-feet of HMA pavement as measured from the centerline of the right-of-way to the edge of the traveled 1 lane on the south side of the street, plus a City approved HMA shoulder on the south side of the street. The entire HMA pavement width specified I above shall be provided with a 20-year service life as determined by the process identified in the City of Kent Development Assistance Brochure #6-2, ' Private and Public Street Requirements. (3) A City-owned street lighting system. (4) Public stormwater conveyance, detention and treatment facilities as applicable. (5) Street Trees installed within the 5-foot wide planting strips constructed between the back of 1 curb and the front of the cement concrete sidewalk. These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, Gty of Kent Street Trees. h. Street Improvement Plans for the new public Residential I Streets (Roads A & B) connected to Southeast 267`h Street opposite 102" Avenue SE and terminating with a temporary turnaround at its westerly terminus. The Street Improvement Plans for this street shall be designed in conformance to the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and Gty of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a street 28-feet wide. Initial guidance for these street improvements is given below: (1) Combined vertical curb and gutter, a 5-foot wide planting strip constructed between the back of curb and the front of the sidewalk, and then a 5- foot wide cement concrete sidewalk along both ' sides of the street. Page 23 of 29 Staff Report Vista Landing Rezone and Subdivision #RZ-2006-9 KIVA#RPP4-2063517 , #SU-2006-8 KIVA#RPP3-2063487 (2) A minimum of 28-feet of Hot Mix Asphalt (HMA) ' pavement, as measured from face of vertical curb to face of vertical curb. (3) A street lighting system designed to the City's ' standards, constructed and maintained by the IntoLight Division of Puget Sound Energy; all , electrical and maintenance bills shall be paid for by the Home Owner's Association created for this subdivision. (4) A public stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities. (5) A curb return and edge of HMA pavement radius ' of 25-feet at the intersection of the subdivision street and Southeast 2671h Street, and a 25-foot radius for the inside curb return for the intersection between Road A and Road B. (6) Street Trees installed within the 5-foot wide planting strips. These Street Trees will be located ' as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure #14, City of Kent Street Trees i. Street Improvement Plans for the new Joint-Use Driveway constructed in Tract A, and terminating with an approved turnaround at its terminus. The Street Improvement Plans for this street shall be designed in conformance to the requirements for a Private Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a Joint-Use Driveway at least 16- feet wide. Initial guidance for this Joint-Use Driveway improvement is given below: (1) A minimum of 16-feet of Hot Mix Asphalt (HMA) pavement, measured from edge of pavement to edge of pavement, except where the Fire Marshal Page 24 of 29 Staff Report Vista Landing Rezone and Subdivision #RZ-2006-9 KIVA#RPP4-2063517 #SU-2006-8 KIVA#RPP3-2063487 requires additional pavement width for emergency vehicle access. (2) An approved turnaround at its terminus, unless these additional street improvements are not required by the City Fire Marshal. (3) A private stormwater drainage system, including provisions for conveyance, detention, and treatment facilities where applicable. (4) This Joint-Use Driveway will connect to the public street system with a Residential Concrete Driveway Approach conforming to the minimum requirements of Standard Detail 6-5(a). i (5) Fire Lanes - if any - shall be marked as directed by the Fire Marshal. (6) This Joint-Use Driveway must be centered within a private roadway tract or easement that is at least ' 1-foot wider than the total HMA width of the private street. j. Street Improvement Plans for the new maintenance road constructed within Tract D. The Street Improvement Plans for this maintenance road shall be designed in conformance to the requirements for a Private Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochure #6-2, Private and Public Street Improvements and City of Kent 1 Development Assistance Brochure # 6-8, Street Improvement Plans for a Private Street at least 20-feet wide. Initial guidance for these street improvements is given below: ' (1) A minimum of 20-feet of Hot Mix Asphalt (HMA) pavement, measured from edge of pavement to edge of pavement. (2) This maintenance road will connect to the public street system with a Residential Concrete Driveway Approach conforming to the minimum requirements of Standard Detail 6-5(c), and shall ' Page 25 of 29 1 Staff Report Vista Landing Rezone and Subdivision #RZ-2006-9 KIVA#RPP4-2063517 , #SU-2006-8 KIVA#RPP3-2063487 otherwise fully conform to the requirements for a , public turnaround. (3) This maintenance road must be centered within a public access easement or tract that is at least 1- foot wider than the total HMA pavement width of the subject driveway. 5. The Owner/Subdivider shall create a Homeowner's Association for this subdivision to ensure that the property owners within this subdivision are advised of their obligation to pay for the energy and maintenance required for the street lighting system installed in their development. Those sections of the required document , written to govern that association as they relate to any IntoLight Division of Puget Sound Energy street lighting systems, shall be reviewed and approved by the Department of Public Works, prior to the recording these documents. 6. The face of the final plat will clearly identify all Joint-Use Driveways/Private Streets, and which lots will be served by those private streets. The face of the final plat will also specify that the maintenance of all private streets is the sole responsibility of the ' property owners who are served by those private streets. 7. Direct vehicular access to and from lots having frontage along , Southeast 276th Street is prohibited, and the face of the final plat will carry the following restriction: DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING FRONTAGE ALONG SOUTHEAST 267TH STREET IS PROHIBITED. ACCESS FOR THESE LOTS IS RESTRICTED TO THAT NEW PUBLIC STREET SHOWN ON THE FACE OF THE PLAT. 8. The Owner/Subdivider shall deed all public rights-of-way, and otherwise convey all private and public easements necessary for the construction and maintenance of the required improvements for this subdivision development. 9. The Owner/Subdivider shall permanently protect the approved , and preserved, and/or enhanced, or created sensitive area(s) and the associated buffer(s) by creating a separate Sensitive Area , Tract and deeding the tract in fee simple to the City, OR by granting a Sensitive Area Easement to the City for the entire sensitive area, pursuant to Kent City Code Chapter 11.06. This ' Sensitive Area Tract or Easement shall be consistent with the Page 26 of 29 i Staff Report Vista Landing Rezone and Subdivision ' #RZ-2006-9 KIVA#RPP4-20635I7 #SU-2006-8 KIVA#RPP3-2063487 wetland and wetland buffer map contained within the approved Wetland Delineation Report and/or approved Wetland Mitigation Plan as appropriate. The Owner / Subdivider shall provide a legal ' description of said easement or tract prepared by a licensed land surveyor, prior to issuance of any Construction Permits. The Sensitive Area Tract and the following language shall be included on the face of the recorded plat: SENSITIVE AREA TRACTS/EASEMENTS DEDICATION OF A SENSITIVE AREA TRACT/EASEMENT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND ' AURAL BUFFERING, AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT. THE SENSITIVE AREA TRACT/EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT/EASEMENT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT. THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF KENT. THE COMMON BOUNDARY BETWEEN THE TRACT/EASEMENT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE I FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY. THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED. NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS ' (INCLUDING, BUT NOT LIMITED TO OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT/EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED ' BY THE CITY. THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT, AND TO ENTER AND PERFORM DRAINAGE SYSTEM MAINTENANCE, BUT IS REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE AREAS DISTURBED UPON THE COMPLETION OF THE UNDERGROUND I CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE. THE CITY OF KENT ALSO RESERVES THE RIGHT TO ENHANCE THE ' Page 27 of 29 Staff Report r Vista Landing Rezone and Subdivision #RZ-2006-9 KiVA#RPP4-2063517 #SU-2006-8 KIVA#RPP3-2063487 SENSATNE AREA TRACT OR EASEMENT VIA PLANTING NATIVE VEGETATION AND REMOVING NON-NATIVE OR INVASIVE VEGETATION. 9. After construction, the wetland and/or streams and their associated buffer areas shall be isolated from intrusion by installing a split-rail cedar fence around the entire buffer edge. In addition, sensitive area information signs (available from the Department of Public Works for $7.50 each) shall be placed at the buffer edge to inform and educate owners and nearby , residents about the value of sensitive areas. 10. Prior to release of any construction bonds, and prior to the approval of any Building Permits within the subject subdivision, ' the Department of Public Works must receive and approve As- Built Drawings meeting the requirements of the City of Kent Construction Standards, and Gtyof Kent Deve%pmentAssistance , Brochure #E-1, As-Budd Drawings, for: Streets; Street Lighting System; Water; Sewer; Stormwater Drainage Facilities; and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works. 11. The owner/subdivider shall construct or bond for mailbox clusters per the standards and at locations approved by the Public Works Department and the Kent U.S. Postmaster. 12. The parks fee in lieu of dedication shall be paid in the amount of $14,100 prior to recording the subdivision. 13. The owner/subdivider shall submit applications to the City of Kent for review and approval to remove or otherwise relocate all buildings on the site. C. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS SUBDIVISION, THE OWNER / SUBDIVIDER SHALL: 1. Record the Plat. 2. Construct all of the improvements required in Section A, above, , and pay the respective fees-in-lieu-of including any mitigation (EMA or EMF) charges. 3. Receive approval of the required As-Built Drawings for Street, Street Lighting, Water, Sewer, and Stormwater Management Page 28 of 29 Staff Report Vista Landmb Rezone and Subdivision ' #RZ-2006-9 KIVA#RPP4-2063517 #SU-2006-8 KIVA#RPP3-2063487 Facilities as deemed appropriate by the Department of Public Works. 4. Construct all applicable wetland mitigation plans, wetland and stream buffer plans, Install all required split-rail cedar fences and sensitive area signs, and any other conditions to protect or enhance critical areas. 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KENT ' CITY OF KENT MITIGATED DETERMINATION OF NONSIGNIFICANCE ' Environmental Checklist No #ENV-2006-54 Protect VISTA LANDING SUBDIVISION/ #RPSA-2063486 AND REZONE Description The applicant proposes to subdivide a three acre parcel into 13 single family residential lots,one stormwater tract,one sensitive area tract,two private access tracts,and one public subdivision road tract. The single family residence and residential outbuildings will be removed A portion of the 100-foot buffer from an offste Type 2 stream extends onto the northeast corner of the site In addition,the applicant is seeking a rezone of the property from SR-4 5,single family residential,to SR-6,single family residential. Location The subject property is located at 10040 SE 2671"Street and is identified by King County tax parcel number 2922059211 Applicant Eric S Pennala EMS Consulting Engineers, LLC 33915 Ist Way South 9200 Federal Way,WA 98003 ' Lead Agency CITY of KENT The lead agency for this proposal has determined that it does not have a probable significant 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 tX This MONS 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 ' February 7, 2007 Responsible Official Kim Marousek.AICP ' Position/Title SEPA OFFICIAL Address 220 S Fourth Avenue Kent WA V2 T ne. (253)856-5454 Dated January 24.2007 Signa e / iL- APPEAL PROCESS AN APPEAL OF A DETERMINATION OF NOISIGNIFICANCE(DNS) MUST BE MADE TO THE KENT HEARING EXAMINER WITHIN FOURTEEN(14)FOLLOWING THE END OF THE COMMENT PERIOD PER KENT CITY CODE 1103 520 CONDITIONS/MITIGATING MEASURES: The following conditions shall apply to the subdivision portion of the application, ' 1 The Applicant shall provide a Traffic Impact Study(TIS)to identify the existing and future level-cf- service(LOS)for the adjacent intersections identified in the Staff Report for this development and the existing and future V/C ratios for the adjacent City streets in the roadway network The TIS shall specifically identify all intersections and streets currently at or below City standards,or estimated to be at or below City standards due to the increased traffic volumes reasonably expected from the-- development, and all adjacent streets at or above the V / C ratios established for that MobiKly,:^ Management Zone '0"- The TIS shall then identify what improvements are necessary to provide a LOS better than or equal I to City standards for all intersections to completely mitigate the existing and/or development impacts' thereon The TIS shall also identify what improvements are necessary to completely mitigate the adjacent streets which do not meet the V/C requirements of Chapter 12 11 of the Kent City Code ' Upon agreement by the City with the findings of the TIS and of the mitigation measures recommended in the approved TIS,implementation and/or construction of said mitigation measures shall be the conditional requirement of the issuance of the respective development permits OR Mitigated DNS Vista Landing Plat&Rezone 4tENV-2006-54 4t2063486 In lieu of submitting the TIS required above and then providing the mitigation measures identified in the approved study,the Owner/Subdivider may instead pay Environmental Mitigation Fee(EMF)to participate in, and pay a fair share of the estimated construction costs of the City's South 272n° Street/South 277" Street Corridor Project The minimum benefit to the Owner/Subdivider is estimated at$12,816 (1986 dollars to be adjusted for rezones, and for Inflation based upon the Consumer Price Index,United States City Average for all Urban Consumers,or the substituted index as prepared by the United States Department of Labor)based upon 12 new PM Peak Hour Trips(at the rate of$1068 per PM Peak Hour Trip) and the capacity of the South 272nd Street/South 2771" Street Corridor a The final benefit value will be determined based upon the number of new lots approved upon the final piat/PUD multiplied times$1068(in 1986 dollars and adjusted for rezones and , for inflation as described above) b The Owner of each lot shall pay the incremental financial obligation specified herein in full prior to issuance of a Building Permit for that lot , C. The payment of said Environmental Mitigation Fee and the traffic related conditions given within this document, will serve to mitigate traffic impacts to the above mentioned intersections and road system by committing funding for the South 272nd Street/South 277" Street Corridor which provides additional capacity for traffic volumes within the area of the above mentioned development 2. The applicant shall submit and receive approval of Pedestrian Walkway Improvement Plans from the Department of Public Works The Applicant shall then construct those improvements These plans , shall provide for a 6-foot vertically separated asphalt walkway conforming to Standard Detail 6-60 from the end of the 5-foot wide sidewalk to the sidewalk/asphalt walkway system serving Scenic Hill Elementary School At the sole discretion of the Department of Public Works,the Owner/Subdivider may instead pay a regional sidewalk improvement mitigation fee in the amount of$1500 per gross acre to the School Pedestrian Walkways Fund(fund #R20036) 3 The Applicant shall utilize Low Impact Development Techniques in construction of the project,where determined feasible by the Kent Public Works Department and Planning Services Division,Including , but not limited to rainwater collection systems,porous paving on sidewalks,and bioretention areas with curb cuts in planting strips along roadways. 4 The Applicant shall be sensitive to the natural topography of the site during construction and ' minimize negative impact to on-site soils and neighboring properties 5 The Applicant shall minimize grading of the site and where done the grading shall follow the natural contours as much as possible,minimizing the need for retaining walls Any retaining walls shall be no more than 4 feet high at perimeter and internal individual property lines and no more than 6 feet ' high around the detention/retention pond that is not adjacent to common property lines Walls around such detention ponds shall not exceed 50 percent of the perimeter of the pond and ponds shall be landscaped per City standards The walls shall be constructed of rockery, other natural material, or with Planning Services and Public Works approvals may be constructed of patterned , concrete that simulates natural materials Where structural walls are required to support access roads and as such cannot be constructed of rockery or natural material,the walls shall be faced with such materials Site conditions may warrant slight adjustments to wall height during construction Height adjustments up to 10%of the overall height may be permissible and are subject to review ' and approval by Planning Services and Public Works Retaining walls associated with construction of the public streets along the frontage of the property are exempt from the height limits described herein Grading to achieve flat building lots shall be minimized CERTIFICATE OF POSTING 1,Kim Marousek,Responsible Official under the Washington Administrative Code(WAQ Chapter 197-I1-788 and 9L0,--� and Kent City Code Chapter 1103 410 do hereby clare that the Determination of Nonsignificance,as descr�j' A h this public notice, was duly posted on ^1 6-7 Sc , by a member of Kent el King Services,on or near the site described therein Kim ,AI P, 5,\Permit\Plan\Env\2006\2063486mdns dx 2of2 COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES K EN T Charlene Anderson, AICP, Manager w"S"'"OT°" Phone 253-856-5454 Fax: 253-856-6454 ' Address- 220 Fourth Avenue S Kent, WA 98032-5895 ENVIRONMENTAL REVIEW REPORT Decision Document ' VISTA LANDING SUBDIVISION AND REZONE #ENV-2006-54 KIVA #2063486 Kim Marousek, AICP: Responsible Official Staff Contact: Sharon Clamp ' I. PROPOSAL The applicant proposes to subdivide a three acre parcel into 13 single family residential lots, one stormwater tract, one sensitive area tract, two private access tracts, and one public subdivision road tract. The single family residence and residential outbuildings ' will be removed. A portion of the 100-foot buffer from an offsite Type 2 stream extends onto the northeast corner of the site. In addition, the applicant is seeking a rezone of the property from SR-4.5, single family residential, to SR-6, single family residential. The subject property is located at 10040 SE 267th Street and is identified by King County tax parcel number 2922059211. II. BACKGROUND INFORMATION Compliance with Kent's Comprehensive Plan (Ordinance 3222), the Washington State Growth Management Act (GMA), The Local Project Review Act (ESHB 1724 and ESB 6094), Kent's Construction Standards (Ordinance 3117) and Concurrency Management (Chapter 12.11, Kent City Code) will require concurrent improvements or the execution of binding agreements by the Applicant/Owner with Kent to mitigate identified environmental impacts. These improvements and/or agreements may include improvements to roadways, intersections and intersection traffic signals, stormwater detention, treatment and conveyance, utilities, sanitary sewerage and domestic water systems. Compliance with Kent's Construction Standards may require the deeding/ ' dedication of right-of-way for identified improvements. Compliance with Title 11.03, Title 11.06 and with Section 15.08.240 of the Kent City Code may require the conveyance of Sensitive Area Tracts to the City of Kent in order to preserve trees, regulate the location and density of development based upon known physical constraints such as steep and/or unstable slopes or proximity to lakes, or to maintain or enhance water quality. Compliance with the provisions of Chapter 6.12 of the Kent City Code may require provisions for mass transit adjacent to the site. Decision Document Vista Landing #ENV-2006-54, KIVA 2063486 ' In addition to the above, Kent follows revisions to the Washington State Environmental ' Policy Act, Chapter 197-11 WAC (effective November 10, 1997), which implements ESHB 1724 and ESB 6094. , Any conditions applied to the following Mitigated Determination of Nonsignificance are applied because identified impacts cannot adequately be addressed by existing City codes and ordinances. III. ENVIRONMENTAL ELEMENTS A. Earth ' The site is described as hilly with slopes of up to 15 percent. The site contains Alderwood Sandy Gravely Loan soils. Site preparation will require grading for the roads, utilities, building pads on each individual lot, and stormwater facilities. Grade and fill quantities are expected to be approximately 7,600 cubic yards of cut and 10,600 cubic yards of fill. Upon project completion no more than 65 , percent of the total area will be covered by impervious surfaces. The Community Design Element of the Kent Comprehensive Plan contains goals , and policies that encourage low impact development and environmental sensitivity in the design of all projects. The grading of the site should be done within the existing contours as much as possible, minimizing the need for , retaining walls. Furthermore, low impact development techniques promote the protection of existing site vegetation, reduce infrastructure and utility maintenance costs (streets, curbs, gutters, sidewalks, storm sewer), and , potentially decrease the impacts and costs of land clearing and grading. Also, low impact development has the potential to reduce costs for site development improvements such as streets, utilities and storm water management systems. The Applicant/Owner will be required to submit and receive approval of a Detailed Grading Plan from the Department of Public Works for the entire development. These Plans will be required to meet the requirements of the City of Kent Construction Standards and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans. These plans ' will include provisions for utilities, roadways, retention/detention ponds/facilities, stormwater treatment facilities, and a budding footpad for each building. These plans will also be designed to eliminate the need for processing several individual Grading Permits upon application for Budding Permits. The Applicant/Owner will be required to submit and receive approval of a Temporary Erosion/Sedimentation Control Plan meeting the requirements of the City of Kent Construction Standards, from the Department of Public Works for the entire development. These plans will be required to reflect the Detailed ' Grading Plan discussed above and the Detailed Tree Plan meeting the requirements of City of Kent Development Assistance Brochure #3, Detailed Tree Plans, approved by the Planning Department. ' Page 2 of 8 , Decision Document Vista Landing ' #ENV-2006-54, KNA 2063486 ' B. Air During project construction there will be an increase in vehicle exhaust and dust particles due to sod displacement and construction vehicles entering and leaving ' the site. During periods of dry weather, watering down of exposed sods, washing truck wheels before exiting the site, and maintaining gravel construction entrances will keep dust particle emissions to a minimum. ' C. Water The Applicant shall be required to complete a drainage analysis and develop and submit drainage plans according to the "2002 City of Kent Surface Water Design Manual"and the "1998 King County Surface Water Design Manual." The proposed project is located in the Mill Creek watershed, which flows into the ' Green River. Upper Mill Creek is located off-site to the northeast of the subject parcel. A portion of Mill Creek's 100-foot buffer extends onto the project site. The stream buffer shall be protected in accordance with Kent City Code Section ' 11.06, including recording a sensitive area easement or deeding the property to the City for preservation of stream function and values. A copy of the wetland and stream analysis report is located in the Public Works Department, Engineering Division, in Wetland File No. 06-27. No impacts to the stream or its buffer are proposed as a result of this ' development. The Community Design Element of the Kent Comprehensive Plan contains goals ' and policies that encourage low impact development and environmental sensitivity in the design of all projects. Utilization of low impact development techniques (LID) promotes an innovative approach to storm water management ' with a basic principle that rainfall is managed at the source using more natural decentralized controls than a typical conveyance and treatment system. Typically, LID addresses storm water through small, cost-effective landscape features located at the lot level. This includes not only open space, but also rooftops, streetscapes, sidewalks, and medians. D. Plants The vegetation on site consists of deciduous and evergreen trees, grass, and shrubs. Pursuant to Section 15.08.240 Kent City Code, tree retention is required. ' All trees over six-inch caliper are required to be preserved to the maximum extent possible. A tree preservation plan for the proposed subdivision will be required as a part of the grading plans for the property. Low impact development ' techniques promote the protection of existing site vegetation and potentially decrease the impacts and costs of land clearing and grading. ' The Applicant/Owner will also be required to submit and receive approval of a Landscape Plan meeting the requirements of the City of Kent Construction Standards, and the landscape requirements for retention/detention ponds in City of Kent Development Assistance Brochure #5, Landscape Plans. Both the Kent ' Page 3 of 8 Decision Document ' Vista Landing #ENV-2006-54, KIVA 2063486 Planning Department and the Department of Public Works must approve these ' plans prior to, or in conjunction with, the approval of the Engineering Plans. E. Land and Shoreline Use The subject property is currently zoned SR-4.5, single family residential, which ' allows a maximum gross density of 4.53 dwelling units per acre. The Comprehensive Plan Land Use designation is SF-6, single family residential, 6 ' units per acre. The proposed rezone request is consistent with the comprehensive plan. The property is developed with a single family residence and associated residential outbuildings. Adjacent properties in all directions are zoned SR-4.5. Single family residences on platted lots abut the site to the south. Single family residences on large lots with future development potential abut the site to the ' east and west. Mill Creek Canyon Park abuts the site to the north. Although, there are no specific regulations in place at this time, the City ' encourages developers to utilize low impact development techniques within new subdivisions. As mentioned previously, the Community Design Element of the Kent Comprehensive Plan contains goals and policies that encourage low impact ' development and environmental sensitivity in the design of all projects. The applicant proposes grading of the site which should be done within the existing contours as much as possible, minimizing the need for retaining walls. Low impact development techniques promote the protection of existing site vegetation, reduce infrastructure and utility maintenance costs (streets, curbs, gutters, sidewalks, storm sewer), and potentially decrease the impacts and costs , of land clearing and grading. Also, low impact development has the potential to reduce costs for site development improvements such as streets, utilities and storm water management systems. ' F. Housing The proposed development will provide 13 new single family residences. ' G. Utilities Public utilities for water and sewer will be extended along with power, gas, telephone and cable utilities. H. Transportation ' The Washington State Legislature created the Commute Trip Reduction (CTR) Law in 1991 with the goals of reducing traffic congestion, air pollution and petroleum consumption. This law requires major employers to encourage their ' employees to use commute alternatives such as transit, carpools, bicycles, walking, compressed work weeks, telecommuting, and flexible work schedules to reduce drive alone commute trips during the peak congestion periods. The City ' addresses the transit alternative by requiring that the Applicant accommodate the needs for transit as expressed by King County Metro Transit. Page 4 of 8 ' Decision Document Vista Landing #ENV-2006-54, KIVA 2063486 This Residential Subdivision/PUD development as proposed would add an ' estimated 120 daily and 12 PM peak hour trips to the public street system. This development will cause significant and/or additional congestion at the following intersections: SE 26r Street at 104th Avenue SE 104th Avenue SE at SE 272nd Street SE 272nd Street at 108th Avenue SE 108th Avenue SE at SE 274th Way The proposed development project is located on the East Hill of the City and is proposed to take its only access from SE 267th Street. This street is classified as a Residential Collector Arterial Street with Bike Lanes within the City's Comprehensive Plan. This street is not fully constructed to current street standards. This street has an existing public right-of-way width of about 60 feet, while the asphalt street width is currently about 20 feet wide. The existing street provides for two narrow lanes of traffic and does not include the following street improvement features: cement concrete curbs and gutters; stormwater drainage system; cement concrete sidewalks; or a street lighting system. The existing asphalt pavement section of the street is inadequate to provide an expected 20-year service life and is in need of an asphalt overlay/rebuild in order to maintain an acceptable level of service while accommodating the increased volume of trips being generated by this proposal. Streets and roadways, which do not provide adequate capacity for motor vehicles, and streets that have fading pavement sections, result in increased air ' pollution when compared to streets that comply with current standards and provide adequate capacity and pavement section. Similarly, intersections that do not provide for adequate capacity also increase the levels of air pollution. This development is within an area that is characterized by streets with narrow traffic lanes and narrow or no shoulders, and has been identified as having substandard pedestrian facilities. This development will require off-site sidewalks/walkways to provide safe travel for school-age pedestrians to and from Scenic Hill Elementary School. IV. SUMMARY AND RECOMMENDATION A. It is appropriate per WAC 197-11-660 and RCW 43.21C.060 that the City of Kent establish conditions to mitigate any identified impacts associated with this proposal. Supporting documents for the following conditions and mitigating 1 measures include: 1. City of Kent Comprehensive Plan as prepared and adopted pursuant to the State Growth Management Act. Page 5 of 8 Decision Document ' Vista Landing #ENV-2006-54, KIVA 2063486 2. The State Shoreline Master Program and the Kent Shoreline Master Program. 3. Kent City Code Section 7.07 Surface Water and Drainage code. 4. City of Kent Transportation Master Plan, Green River Valley Transportation action plan and six-year transportation improvement plan. 5. Kent City Code Section 7.09 Wastewater facilities master plan. 6. City of Kent Comprehensive water plan and conservation element. 7. Kent City Code Sections 6.02.010 and 6.02.020 construction standards. 8. Kent City Code Section 6.07 street use permit requirements. 9. Kent City Code Section 14.09 flood hazard protection. 10. Kent City Code Section 12.04 Subdivision Code. 11. Kent City Code Section 12.05 Mobile Home Parks and 12.06 Recreation Vehicle Parks. 12. Kent City Code Section 8.05 Noise Control. 13. City of Kent International Building and Fire Codes 14. Kent Zoning Code. 15. Kent City Code Section 7.13 water shortage and emergency regulations and Water Conservation Ordinance 2227. 16. Kent City Code Sections 6.02 and 6.03 required public improvements. 17. Kent City Code Section 7.05 Storm and surface water drainage utility. 18. City of Kent comprehensive sewer plan. 19. City of Kent Fire Master Plan. 20. City of Kent Wetland Management Ordinance 3109. 21. City of Kent ESA Response Resolution 1605. 22. Kent City Code Chapter 11.06, Critical Areas B. The following conditions shall apply to the subdivision portion of the application: , 1. The Applicant shall provide a Traffic Impact Study (TIS) to identify the ' existing and future level-of-service (LOS) for the adjacent intersections identified in the Staff Report for this development and the existing and future V / C ratios for the adjacent City streets in the roadway network. The TIS shall specifically identify all intersections and streets currently at or below City standards, or estimated to be at or below City standards due to the increased traffic volumes reasonably expected from the development; and all adjacent streets at or above the V / C ratios established for that Mobility Management Zone. The TIS shall then identify what improvements are necessary to provide a LOS better than or equal to City standards for all intersections to completely mitigate the existing and/or development impacts thereon. The TIS shall also identify what improvements are necessary to completely mitigate the adjacent streets which do not meet the V / C requirements of Chapter 12.11 of the Kent City Code. Upon agreement by the City with the findings of the TIS and of the mitigation measures recommended in the approved TIS; implementation and/or construction of said mitigation measures shall be the conditional requirement of the issuance of the respective development permits. Page 6 of 8 Decision Document Vista Landing 1 #ENV-2006-54, KIVA 2063486 OR In lieu of submitting the TIS required above and then providing the mitigation measures identified in the approved study, the Owner/ Subdivider may instead pay Environmental Mitigation Fee (EMF) to participate in, and pay a fair share of the estimated construction costs of the City's South 272nd Street/South 277th Street Corridor Project. The minimum benefit to the Owner/Subdivider is estimated at $12,816 (1986 dollars to be adjusted for rezones; and for inflation based upon the Consumer Price Index, United States City Average for all Urban Consumers, or the substituted index as prepared by the United States Department of Labor) based upon 12 new PM Peak Hour Trips (at the rate of $1068 per PM Peak Hour Trip) and the capacity of the South 272nd Street/South 277th Street Corridor. a. The final benefit value will be determined based upon the number of new lots approved upon the final plat/PUD multiplied times $1068 (in 1986 dollars and adjusted for rezones and for inflation as described above.) b. The Owner of each lot shall pay the incremental financial obligation specified herein in full prior to issuance of a Budding Permit for that lot. C. The payment of said Environmental Mitigation Fee and the traffic related conditions given within this document, will serve to mitigate traffic impacts to the above mentioned intersections and ' road system by committing funding for the South 272nd Street/ South 277th Street Corridor which provides additional capacity for traffic volumes within the area of the above mentioned development. 2. The applicant shall submit and receive approval of Pedestrian Walkway Improvement Plans from the Department of Public Works. The Applicant shall then construct those improvements. These plans shall provide for a 6-foot vertically separated asphalt walkway conforming to Standard Detail 6-60 from the end of the 5-foot wide sidewalk to the sidewalk/asphalt walkway system serving Scenic Hill Elementary School. At the sole discretion of the Department of Public Works, the Owner/Subdivider may instead pay a regional sidewalk improvement mitigation fee in the amount of $1500 per gross acre to the School Pedestrian Walkways Fund (fund #R20036). 3. The Applicant shall utilize Low Impact Development Techniques in construction of the project, where determined feasible by the Kent Public Works Department and Planning Services Division, including but not Page 7 of 8 Decision Document Vista Landing #ENV-2006-54, KIVA 2063486 limited to rainwater collection systems, porous paving on sidewalks, and bioretention areas with curb cuts in planting strips along roadways. 4. The Applicant shall be sensitive to the natural topography of the site during construction and minimize negative impact to on-site soils and neighboring properties. 5. The Applicant shall minimize grading of the site and where done the grading shall follow the natural contours as much as possible, minimizing the need for retaining walls. Any retaining walls shall be no more than 4 feet high at perimeter and internal individual property lines and no more than 6 feet high around the detention/retention pond that is not adjacent to common property lines. Walls around such detention ponds shall not exceed 50 percent of the perimeter of the pond and ponds shall be landscaped per City standards. The walls shall be constructed of rockery, other natural material, or with Planning Services and Public Works approvals may be constructed of patterned concrete that simulates natural materials. Where structural walls are required to support access roads and as such cannot be constructed of rockery or natural material, the walls shall be faced with such materials. Site conditions may warrant slight adjustments to wall height during construction. Height adjustments up to 10% of the overall height may be permissible and are subject to review and approval by Planning Services and Public Works. Retaining walls associated with construction of the public streets along the frontage of the property are exempt from the height limits described herein. Grading to achieve flat building lots shall be minimized. KENT PLANNING SERVICES January 24, 2007 ' SC:7m\\S:\Permit\Plan\Env\2006\2063486-2006-54 doc Page 8 of 8 i Kent City Council Meeting Date April 3, 2007 Category Bids 1. SUBJECT: TOWN SQUARE PLAZA 2. SUMMARY STATEMENT: The Town Square Plaza bid opening was held on Monday, March 26 at 10:00 a.m. Five bids were received and opened for this project. The apparent low bid was JV Constructors, Inc for $3,432,000 plus applicable Washington State sales tax (8 9%). The apparent low bid exceeds the current project budget. Once State sales tax, a contingency, and other related project costs are added to the apparent low bid, there is a projected shortage from available funds of$1 8 million. At the April 3rd Council Imeeting, staff will present options to the City Council on how to proceed. 3. EXHIBITS: Bid Tabulation 4. RECOMMENDED BY: Parks, Recreation & Community Services Department (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: I Unbudgeted Expense: Fund N/A Amount $ N/A Unbudgeted Revenue- Fund N/A Amount $ N/A I6. CITY COUNCIL ACTION: (TO BE PROVIDED) Councilmember moves, Councilmember seconds 1 iDISCUSSION- ACTION: ' Council Agenda ' Item No. 8A EXHIBIT A 1 KENT WASH NGTON BID TABULATION FORM j KENT PARKS, RECREATION & COMMUNITY SERVICES CITY OF KENT, WASHINGTON PROJECT: PR 07 03 NAME: Town Sauare Plaza DATE: March 26, 2007 DUE: 10:00 a.m. OPENED: 10:15 a.m. Bidder: Total Lump Sum Bid: Addendums #1, 21 & 3: in dollars 1. JV Constructors, Inc. $3,432,000.00 XXX Seattle,WA 2. A-1 Landscaping and Construction,Inc. $3,465,125.82 XXX Snohomish, WA 3. PCL Construction Services, Inc. $3,668,500.00 XXX Bellevue, WA 4. Westwater Construction Company $4,047,000 00 XXX Auburn, WA XXX 5. Gary Merlino Construction Co., Inc. $5,251,000.00 Seattle WA CONSULTANT ESTIMATED RANGE: $2.8 to 3.5 million Five (5) bids were received for this project and opened.The apparent low bidder is IV tConstructors, Inc. for $3,432,000.00 plus applicable Washington State sales tax (8.9%). Staff will review the bid documents and verify references. Kent City Council is expected to award the 1 bid on Tuesday,April 3, 2007. Questions may be directed to Perry Brooks, project manager,at(253)856- 5114. i 1 1 I Kent City Council Meeting Date April 3, 2007 Category Bids 1. SUBJECT: LID 359: 116TH AVENUE SE IMPROVEMENTS (KENT-KANGLEY ROAD TO SE 256TH STREET) 2. SUMMARY STATEMENT: The bid opening for this project was held on March 27, 2007, with five bids received The low bid was submitted by Rodarte Construction, Inc in the amount of$3,453,318 01. The Engineer's estimate was $3,705,347 53 3. EXHIBITS: Public Works memorandum 4. RECOMMENDED BY: Public Works Director j (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? X Revenue? X Currently in the Budget? Yes No ' If no. Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: 1 Councilmember moves, Councilmember A�, ► -QvN seconds ' to accept the bid by Rodarte Construction Inc in the amount of$3,453,318.01 for the LID 359: 1161h Avenue SE Improvements (Kent-Kangley Road to SE 256t" Street) 1 DISCUSSION: ACTION: Council Agenda 1 Item No. 8B i PUBLIC WORKS DEPARTMENT Larry Blanchard Public Works Director 1 Phone 253-856-5500 Fax 253 856-6500 KENT WASHINGTON Mailing Address: 220 Fourth Avenue S. Physical Address 400 West Gowe Kent, WA 98032-5895 DATE: March 27, 2007 TO: Mayor Cooke and Kent City Council FROM: Mark Madfai, Project Engineer 1 THROUGH: Larry Blanchard, Public Works Director SUBJECT: LID 359:1161h Ave SE Improvement (Kent-Kangley Road to SE 256`h St) iBid opening for this project was held on March 27, 2007 with five bids received. The low bid was submitted by Rodarte Construction, Inc., in the amount of $3,453,318.01. The Engineer's estimate was $3,705.347.53. The Public Works Director recommends awarding this contract to Rodarte Construction, Inc. Bid Summary Rodarte Construction, Inc. $ 3,453,318.01 Scarsella Brothers, Inc. $ 3,619,461.95 Construct Company LLC $ 3,698,748.34 Westwater Construction Co. $ 3,955,278.35 R.W. Scott Construction Co. $ 3,997,904.02 Engineer's Estimate g $ 3,705,347.53 I Mayor Cooke and Kent City Council LID 353 11 O Av SE Street Improvements 1 REPORTS FROM STANDING COMMITTEES AND STAFF IA. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS H. ADMINISTRATION I REPORTS FROM SPECIAL COMMITTEES I i i KEN, WwsHiw crow OPERATIONS COMMITTEE MINUTES MARCH 6, 2007 Committee Members Present: Deborah Ranniger, Debbie Raplee, and Tim Clark, Chair The meeting was called to order by Tim Clark, Chair at 4:08 p.m. 1, APPROVAL OF MINUTES DATED FEBRUARY 20, 2007 Debbie Raplee moved to approve the minutes of the February 20, 2007, Operation Committee meeting. Deborah Ranniger seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED FEBRUARY 28, 2007 It Finance Director Robert Nachlinger presented the vouchers for February 28, 2007, for approval. Deborah Ranniger moved to approve the vouchers dated February 28, 2007. Debbie Raplee seconded the motion, which passed 3-0. 3. WASHINGTON SCHOOL INFORMATION PROCESSING COOPERATIVE INTERLOCAL AGREEMENT Technical Services Manager Paul Dunn presented the Washington School Information Processing Cooperative Interlocal Agreement. Mr. Dunn advised that the Washington School Information Processing Cooperative (WSIPC) has engaged several computer hardware, software, and services vendors in purchasing contracts and agreements with very favorable pricing and terms through their own bidding process for equipment including telephone switches and computer hardware. This request is for approval of the City Council for the Mayor to sign an Interlocal Agreement with WSIPC to allow the City of Kent to purchase from vendors when it is advantageous for the City. Deborah Ranniger moved to recommend that the City Council authorize the Mayor to enter into an Interlocal Agreement between the City of Kent and the Washington School Information Processing Cooperative. Debbie Raplee seconded the motion, which passed 3-0. 4. ADDRESS INFORMATION FOR PUBLIC SPEAKERS - RESOLUTION The Operations Committee chose to pull this agenda item and forward it to the next Operations Committee meeting. Debbie Raplee moved to postpone the Address Information for Public Speakers Resolution to the March 20, 2007, Operations Committee meeting. Deborah Ranniger seconded the motion, which passed 3-0. I .moire eting was ad ourned at 4:14 p.m. Renee Cameron Operations Committee Secretary 1 PUBLIC WORKS COMMITTEE MINUTES March 05, 2007 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and Committee Member Ron Harmon and Tim Clark were present. The meeting was called to order at 5:00 p.m. ITEM 1- Approval of Minutes Dated February 26. 2007 Committee Member Clark moved to approve the minutes of February 05, 2007. The motion was seconded by Harmon and passed 3-0. I ITEM 2— Resolution for Proposed LID 362 — East Valley Highway (SR 167 to South 212th St) Mark Howlett, Design Engineering Manager, showed photos of the proposed project and explained that the East Valley project has been on our 6-year Transportation Improvement Plan T I P. for some time for widening and rehabilitation of the pavement. The Design Engineering Section has been very successful in obtaining grants for the project and has so far received 5 grants totaling just over 2 million dollars from 3 funding partners. Properties representing 37 percent of the assessment have signed no protest L.I.D. Covenants and Environmental Mitigation Agreements for road improvements. In order to complete the needed funding to proceed with this project, the Public Works Department would like to pursue the formation of Local Improvement District (L.I.D.) with the benefiting properties being assessed a share of the project cost. rHarmon moved to recommend adoption of the Resolution of Intent, to be drafted by the City Attorney's office and presented to the City Council, setting a public hearing date on the formation of a street and utility L.I.D. for the 52 properties shown on the attached map. The motion was seconded by Clark and passed 3-0. I ITEM 3 — Riverview Park Restoration Proiect Agreement to Award a $40.000 Grant from King Conservation District WRIA Forum Mike Mactutis, Environmental Engineering Manager, reported that in August 2006, the City of Kent completed a King Conservation District (KCD) Watershed Forum Grant to obtain funding for the Riverview Park Restoration Project. The City of Kent is working closely with the US Army Corps of Engineers (Corps) on the project, and will use the KCD grant as part of the city's cost share for the project. The project creates a new 820-ft long flow-through channel, to provide summer rearing habitat and high low winter refuge for salmon in a critical reach of the Lower Green River. Designs will be completed in 2007 with construction anticipated to begin in 2008. A brief discussion with committee members and staff followed. Clark moved to recommend the Council to authorize the Mayor to sign the King Conservation District WRIA Forum's grant agreement award in the amount of $40,000 to be 1 used for the City of Kent's Riverview Park Restoration Project. Harmon seconded and the motion carried 3-0. ITEM 4 — Riverview Park Restoration Proiect Design Agreement between the City of Kent and US Army Corps of Engineers Mike Mactutis, Environmental Engineering Manager, stated that in order to complete design of the project, a partnership between the City of Kent and the Corps must be entered through the signing of a Design Agreement (DA). The DA requires that the City contribute 25 percent of the total design cost of the project. The total estimated design cost is projected to be $451,200 of which the city's proportionate share is projected to be $112,800 and the Corps share is the remaining $338,400. To fund a portion of the project costs, the City of Kent successfully applied for and received a grant award in December 2006, from the state Salmon Recovery Funding Board in the amount of $150,000. Page 1 of 3 LU\PWCommlttee\Minutes\PWMlnutes 02 26 07.doc PUBLIC WORKS COMMITTEE MINUTES March 051r 2007 Harmon moved to recommend the Council to authorize the Mayor to sign the Design Agreement between the City of Kent and the US Army Corps of Engineers to complete design for the Riverview Park Restoration Project. Clark seconded and the motion carried 3-0. ITEM 5 — Soos Creek Sewer & Water District (SCSWD) Agreement for Utility Relocation at Upper Meridian Valley Creek Culvert Replacement Proiect a t SE 2341h Street Mike Mactutis, Environmental Engineering Manager, reported the Upper Meridian Valley Creek Culvert Replacement Project at SE 234th Street will be constructed with City storm drainage funds As a result of the project, SCSWD's existing water and sanitary sewer facilities will need to be relocated. The city will initially pay for the utility relocation costs, but will bill SCSWD for reimbursement since the project is in public right-of-way The Agreement between SCSWD and the City of Kent will allow their water and sewer facilities to be relocated so the culvert replacement project can be completed. Clark moved to authorization for the Mayor to sign the Soos Creek Water and Sewer District Utility Relocation Agreement in the amount of $99,221.08, to be spent and reimbursed within the Upper Meridian Valley Creek Culvert Replacement Project at SE 234th Street, upon concurrence of the language therein by the City Attorney and Public works Director. Harmon seconded and the motion carried 3-0. ITEM 6—Information Only/How Well is Public Works Performing Customer Service- , Environmental Mike Mactutis, Environmental Engineering Manager gave an informational PowerPoint presentation on how the Environmental section of Public Works can reach out to their Customers. He explained the role of the Environmental section; went over the City Strategic Goals and a sample survey to the customers. A brief discussion with committee members and staff followed. It was suggested that questions be added asking customers if they use or would use the City's web site. Information Only No Motion Required , ITEM 7—Information Only/2007 Work Plan for Public Works Larry Blanchard, Public Works Director showed two slides that outlined the year end report for Public Works. Blanchard said he would like to include the Capital Improvements Projects included in the budget, major tasks included in the each sections work plans, and major permits for private development projects and report on the status of each on a quarterly basis Also to be included on the list would be those question asked by the PWC and the status of the response from staff. This information will be brought back to the PWC on March 19, 2007. Information Only No Motion Required t Page 2 of 3 U\PWCommittee\Mmu[es\PWMinutes 03 05 07 doc PUBLIC WORKS COMMITTEE MINUTES March 05, 2007 ' Items to bring back to Committee: • Construction Standards bring back to PWC as it is being updated. Ongoing - Clark would like to see the end to piecemeal sidewalks. He'd like to see better coordination with Public Works and Planning. • Partnering with neighborhoods - Traffic Issues that are ongoing Southpark Neighborhood (S 3rd Avenue), Southridge Neighborhood (282nd Street SE), Country Village Estates, Titus Street Traffic Counts, and others that may have been added to the list. Steve and Larry will bring back information on the above mentioned at a later date. • Look at what it would cost for generator type battery back-up at intersections during inclement weather or other options that may be available to provide power to traffic signals during power outage or emergency situations. At this time, it is not feasible to have back-up generators at numerous signals due to the cost of generators, no place for fuel storage, safety and security issues. However, staff will bring this information back to committee when we have some solid cost information. ■ Lea Hill Right-of-Way/Annexation/ De-annexation process. Staff is working with Auburn to iron out the details. Staff will keep the committee informed as things progress. Items to be brought bring back to Committee at a later date: • Where are we on Landsburg Mine, water quality? Environmental Engineering. • Quality of Lake Meridian - Sheen on lake Environmental Engineering. ' Boating season soon underway - where are we with outreach project for park closures? Environmental Engineering in conjunction with the Parks and Recreation Department. Adiourned: The meeting was adjourned at 6:10 p.m. Next Scheduled Meeting for: Monday, March 19, 2007 at 5:00 p.m. Cheryl Viseth, Public Works Committee Secretary Page 3 of 3 U\PWCommittee\Minutes\PWMmutes 03 05 07 doc CONTINUED COMMUNICATIONS 1 A. 1 t t 1 t 1 t t t 1 I tEXECUTIVE SESSION t 1 ACTION AFTER EXECUTIVE SESSION t 1 t 1 1 1 1 1 t 1 i i 1