HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 07/26/2007 KENT CITY COUNCIL AGENDA
KENT Special Meeting
W A S N I N O T O N July 26, 2007
Council Chambers
MAYOR: Suzette Cooke COUNCILMEMBERS: Deborah Ranniger, President
Elizabeth Albertson Tim Clark Ron Harmon
Bob O'Brien Debbie Raplee Les Thomas
CALL TO ORDER/FLAG SALUTE
ROLL CALL
CHANGES TO AGENDA—None
PUBLIC COMMUNICATIONS—None
PUBLIC HEARINGS—None
CONSENT CALENDAR—None
OTHER BUSINESS
1. Kent Events Center—Establish Budget and Authorize Project
2. License Agreement with Seattle Thunderbirds—Authorize
3. Maximum Allowable Construction Cost Agreement with Mortenson, Inc.—Authorize
BIDS
4. Kent Events Center Flood Storage Project—Approve
REPORTS FROM COMMITTEES—None
CONTINUED COMMUNICATIONS—None
EXECUTIVE SESSION
5. A. Pending Litigation
B. Property Negotiations
ACTION AFTER EXECUTIVE SESSION
6. Charter Homes Rezone after Judicial Order - Ordinance
ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the
Kent Library. The Agenda Summary page and complete packet are on the City of Kent
web site at www.ci kent.wa.us.
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office in advance at
(253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at
1-800-833-6388.
Kent City Council Meeting
Date July 26, 2007
Category Other Business
1. SUBJECT: KENT EVENTS CENTER—ESTABLISH BUDGET AND
AUTHORIZE PROJECT
2. SUMMARY STATEMENT: Staff will present an overview and budget detail on
the proposed Kent Events Center. At the conclusion of the presentation, and after
answering any questions asked of staff on this project proposal, authority will be sought
for the Mayor to sign all necessary documents and to commence construction of the
project.
3. EXHIBITS: None
4. RECOMMENDED BY:
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure?_ Revenue?_
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
• To establish a budget not to exceed $78,600,000 00 for the Kent Events Center project
and to authorize the Mayor to take all acts necessary to construct the project
• To authorize the Mayor to enter into a License Agreement with the Seattle
Thunderbirds, as the anchor tenant, to operate a World Hockey League franchise in the
Kent Event Center, subject to approval of final terms and conditions of the License
Agreement by the City Attorney.
• To authorize the Mayor to sign all necessary documents to execute a Maximum
Allowable Construction Cost contract with Mortenson, Inc., the selected General
Contractor/Construction Manager for the Kent Events Center.
DISCUSSION:
ACTION:
Council Agenda
Item No. 1,2,3
Kent City Council Meeting
Date July 26, 2007
Category Bids
1. SUBJECT: KENT EVENTS CENTER FLOOD STORAGE PROJECT—
APPROVE
2. SUMMARY STATEMENT: The bid opening for this project was held on July 17,
2007, with six bids received. The low bid was submitted by Construct Company in the
amount of$664,235.55. The Engineer's estimate was $753,533.55.
3. EXHIBITS: Memorandum
4. RECOMMENDED BY: Public Works
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?_
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
to award the contract on the Kent Events Center Floodplain Mitigation to Construct
Company, in the amount of$664,235.55 and authorize the Mayor to sign all necessary
documents.
DISCUSSION:
ACTION:
Council Agenda
Item No. 4
PUBLIC WORKS DEPARTMENT
Larry R Blanchard
Public Works Director
400 West Gowe
Kent, WA 98032
Fax, 253-856-6500
PHONE: 253-856-5500
Memorandum
DATE: July 20, 2007
TO: Mayor Cooke and Kent City Council
FROM: Larry R. Blanchard, Public Works Director
RE: BID - Kent Events Center Floodplain Mitigation
Bid opening for this project was held on July 17, 2007 with six bids received. The low bid was
submitted by Construct Company in the amount of $664,235.55. The Engineer's estimate was
$753,533.55. The Public Works Director recommends awarding this contract to Construct
Company for the bid amount of $664,235.55.
Bid Summary
Construct Company $ 664,235.55
Rodarte Construction $ 765,893.71
Gary Merlino Construction $ 926,248.95
Grade Inc. $1,150,129.93
A-1 Landscaping $1,186,255.32
IV Constructors $1,214,861.00
Engineer's Estimate $ 753,533.55
City of Kent Public Works Department
u•lpwcomm itteclbidmemo.doc
EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION
Kent City Council Meeting
Date July 26, 2007
Category Action Item
1. SUBJECT: ORME/CHARTER HOMES REZONE - ORDINANCE
2. SUMMARY STATEMENT: Pursuant to the oral decision made on the record by
Judge Jones in the Land Use Petition Act appeal of the City Council's denial of a
rezone application for the Orme/Charter Homes property the Council has been ordered
by the court to approve the upzone applications as recommended by the Hearing
Examiner.
3. EXHIBITS: Ordinance
4. RECOMMENDED BY:
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? _ Revenue?_
Currently in the Budget? Yes No
If no:
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
to enact Ordinance No. , approving the Orme/Charter Homes rezone request for
SR4.5toSR6.
DISCUSSION:
ACTION:
Council Agenda
Item No. 6
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 5.67 acres of
property located at 25410 142"d Avenue Southeast, from I
SR-4.5 (Single-Family Residential, 4.5 units per acre) to f
SR-6 (Single-Family Residential, 6 units per acre). P
(Orme Rezone, #RZ-2006-6).
RECITALS
A. An application was filed on April 20, 2006, to rezone approximately
6
5.67 acres of property located at 25410 142"d Avenue Southeast, in Kent,
Washington, from the current zoning of SR-4.5 (Single-Family Residential, 4.5 g
units per acre) to SR-6 (Single-Family Residential, 6 units per acre). (Orme ;
Rezone, #RZ-2006-6). #
B. The City's SEPA responsible official issued a Revised Mitigated
Determination of Nonsignificance (RMDNS) (#ENV-2006-30) for the proposed
rezone on August 11, 2006.
C. A public hearing on the rezone was held before the hearing
examiner on September 27, 2006. On October 9, 2006, the hearing examiner
issued findings and conclusions that the Orme Rezone is consistent with the cty's
Comprehensive Plan; that the proposed rezone and subsequent development
activity would be compatible with the development in the vicinity; that the
proposed rezone will not unduly burden the transportation system in the vicinity of
the property with significant adverse impacts that cannot be mitigated; that
circumstances have changed since the establishment of the current zoning district
to warrant the proposed rezone; and that the proposed rezone will not adversely
affect the health, safety, and general welfare of the citizens of the City of Kent.
1 Orme Rezone
Based on these findings and conclusions, the hearing examiner recommended
approval of the Orme Rezone.
D. On November 7, 2006, the City Council determined that the
proposed rezone was inconsistent with sections 15.09.050(C)(2) and (3) of the
Kent City Code and, therefore, denied the Orme Rezone application. On November
21, 2006, the City Council adopted Resolution No. 1741, officially denying the
Orme Rezone application.
E. On December 7, 2006, the applicant fled a Land Use Petition and
Complaint for Damages with King County Superior Court, Case No. 06-2-38467-9;
KNT. A hearing was held on July 10, 2007, during which Superior Court Judge,
Richard Jones issued an oral decision reversing the City Council's decision and;
remanding the matter back to the City for the purpose of granting the rezone)
application. {
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
e
SECTION 1. — Incorporation of Recitals. The preceding recitals are
incorporated herein.
1
E
SECTION 2. — Rezone. The property located at 25410 142"d Avenue
Southeast, in Kent, Washington consisting of approximately 5.67 acres depicted in E
k
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). The City of Kent zoning map shall be
amended to reflect the rezone granted above.
I
s
e
f
t
2 Orme Rezone `
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 E
shall remain in full force and effect.
SECTION 4. - Effective Date. This ordinance shall take effect and be in
force five (5) days from and after Its publication as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
BR R ENDA JACOBE , CITY CLERK
APPROVED AS TO FORM: E
I
TOM BRUBAKER, CITY ATTORNEY
M
I
PASSED: day of , 2007.
I
APPROVED: day of , 2007.
PUBLISHED: day of , 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\Civil\Ordinance\Rezone-Orme-LUPAOrder doc
3 Orme Rezone
N MERIDIAN VALLEY
SE 248TH Sr COUNTRY CLUB
J bJ
Q' N w
_ U-1
w
� ¢ Q
SITS �:.ry.. .. 00
J•.4:f.^i.: w T 00
ry Qr
� SE 256TH ST
ca w
vi y
Q SE 260TH ST
N T =
LJ
SE 266TH ST E
SE 268TH
SE 270 ST
SE KENT KANGLEY ROAD
VICINITY MAP
N.T.S.
EXHIBIT "A"
LEGAL DESC91"ON
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 22 TOWNSHIP 22 NORTH RANGE 5 EAST W. M. IN THE CITY
OF KENT COUNTY OF KING, STATE OF WASHINGTON DESCRIBED AS
FOLLOWS;
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 22 THENCE
N-01-03-30E ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 22 A DISTANCE OF 549.00 FEET; THENCE S88-47-18E
PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 22 A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING S88-47-18E PARALLEL WITH THE SOUTH
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 22 A DISTANCE OF
728.00 FEET; THENCE S01-03-30W PARALLEL WITH THE WEST LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION 22 A DISTANCE OF 150.00
FEET; THENCE S88-47-18E PARALLEL WITH THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 22 A DISTANCE OF 150.00 FEET;
THENCE S01-03-30W PARALLEL WITH THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 22 A DISTANCE OF 259.00 FEET; THENCE
N88-47-18W PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 22 A DISTANCE OF 200.50 FEET TO THE
EASTERLY BOUNDARY OF SUISE CREEK CEMETERY ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 15 OF PLATS AT PAGE 93 THENCE
NOI-03-30E PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER
OF SAID SECTION 22 AND EAST LINE OF SAID PLAT A DISTANCE OF 110.00
FEET TO THE NORTHEAST CORNER OF SAID SUISE CREEK CEMETERY PLAT,
THENCE ALONG THE NORTH LINE OF SAID CEMETERY N88-47-18W
PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 22 A DISTANCE OF 578.00 FEET, THENCE NO1-03-30E PARALLEL
WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 22 A
DISTANCE OF 100.00 FEET; THENCE N88-47-IBW PARALLEL WITH THE
SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 22 A
DISTANCE OF 150.00 FEET TO THE EASTERLY MARGIN OF 132ND AVENUE S.
I-: THENCE NOI-03-30E ALONG SAID MARGIN AND PARALLEL WITH THE
WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 22 A DISTANCE
OF 199.00 FEET TO THE TRUE POINT OF BEGINNING, AND THE TERMINUS
OF THIS DESCRIPTION.
SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON,
TOGETHER WITH AN EASENENT FOR INGRESS, EGRESS AND UTILITIES
DESCRIBED AS FOLLOWS;
BEGINNING AT A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER
OF SECTION 22, TOWNSHIP 22 NORTH, RANGE 5 EAST W. M. WHICH IS 908
FEET EASTERLY FROM THE SOUTHWESTERLY CORNER THEREOF; THENCE
NORTH PARALLEL WITH THE WEST LINE OF SAID SUBDIVISION 429 FEET;
THENCE WEST 30 FEET, THENCE SOUTHWESTERLY ALONG A CURVE TO THE
RIGHT THE CENTER OF WHICH BEARS WEST 20 FEET, AN ARC DISTANCE OF
31.42 FEET; THENCE SOUTH 20 FEET, THENCE SOUTHEASTERLY ALONG A
CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS SOUTH 20 FEET, AN
ARC DISTANCE OF 31.42 FEET; THENCE SOUTH 369 FEET MORE OR LESS,
TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE EASTERLY 30 FEET TO
THE POINT OF BEGINNING.
EXCEPT THE SOUTH 30 FEET FOR ROAD.
EXHIBIT "B"