HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 9/1/2020
KENT CITY COUNCIL AGENDAS
Tuesday, September 1, 2020
7:00 PM
THIS IS A REMOTE MEETING
THIS IS A REMOTE MEETING DUE TO THE COVID-19
CORONAVIRUS EMERGENCY
A live broadcast is available on Kent TV21,
www.facebook.com/CityofKent, and
www.youtube.com/user/KentTV21
To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 943 5981 5247
Please call 253-856-5700 or email CityCouncil@KentWA.gov to provide
public comment.
Mayor Dana Ralph
Council President Toni Troutner
Councilmember Bill Boyce Councilmember Marli Larimer
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Les Thomas
**************************************************************
COUNCIL MEETING AGENDA - 7 P.M.
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
1. Employee of the Month
2. Appointments of Non-Law Enforcement Representatives to the
Valley Independent Investigation Team
3. Proclamation for Childhood Cancer Awareness Month
4. Proclamation for National Recovery Month
5. Proclamation for Constitution Week
6. Proclamation for Kent Youth and Family Services' 50th Anniversary
City Council Meeting City Council Regular Meeting September 1, 2020
B. Community Events
5. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
B. Chief Administrative Officer's Report
C. Councilmember's Reports
6. PUBLIC HEARING
7. PUBLIC COMMENT
During the coronavirus emergency the public will not have the
opportunity to provide live comment. Written comments may be
submitted to Citycouncil@KentWA.gov, or someone wishing to submit
a comment may call 253-856-5700.
8. CONSENT CALENDAR
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - Aug 18, 2020 5:00
PM
2. City Council Meeting - City Council Regular Meeting - Aug 18, 2020
7:00 PM
3. Committee of the Whole - Committee of the Whole - Regular Meeting -
Aug 25, 2020 4:00 PM
B. Payment of Bills - Approve
C. Accept the South 212th Street Bridge Deck Resurface Project as Complete
- Authorize
D. King County Flood Control District Milwaukee 2 Levee Interlocal
Agreement Amendment - Authorize
E. Amendment to the Interlocal Agreement with the Water Resource
Inventory Area 8 - Authorize
F. Amendment to the Interlocal Agreement with the City of Covington -
Authorize
G. Star Lake Rezone Ordinance - Adopt
H. Appointments of Non-Law Enforcement Representatives to the Valley
Independent Investigation Team - Confirm
9. OTHER BUSINESS
10. BIDS
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
City Council Meeting City Council Regular Meeting September 1, 2020
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
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 7-1-1.
PROCLAMATION
Whereas,
Whereas,
pediatric cancer is the lead.ing cause of death by disease in children; and
1-in-285 children in the United States will be diagnosed by their 20th
birthday; and
Whereas, 80 percent of childhood cancer cases are diagnosed only after the
disease has metastasized and spread to other parts of the body; and
Whereas, two-thirds of childhood cancer patients will have long-lasting chronic
conditions as a result of the treatment they go through; and
Whereas,
Whereas,
there has been a twenty-four percent increase in pediatric cancer cases
over the last forty years, equal to forty-three bhildren per day or 15,780
children a year diagnosed with cancer in the United States; and
the National Cancer Institute recognized the unique research needs of
childhood cancer and increased funding to conduct this research; and
Whereas, researchers and healthcare professionals work diligently to dedicate
their expeftise to treat and cure children with cancer; and
Whereas, too many children are affected by this deadly disease and more must be
done to raise awareness and find a cure for all childhood cancers;
NOW, THEREFORE, L Dana Ralph, Mayor of the city of Kent, proclaim September
2020 as
National Childhood Cancer Awareness Month
In Kent Washington, and I encourage all people in Kent to join me in this special
observance.
In witness whereof, I have hereunto set my hand this 1st day of September,2020
KENT
WaSHTNGToN
l
Dana Ralph,
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PROCLAMATION
WHEREAS,
WHEREAS,
behavioral health is an essential part of one's overall health and wellness; and
prevention of mental and substance use disorders works, treatment is effective,
and recovery is possible; and
recovery is a process and that people recover in our local area and around the
nation; and
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,we must encourage relatives and friends of people with mental and/or substance
use disorders to irnplement preventive measures, recognize the signs of a
problem, and guide those in need to appropriate treatment and recovery support
services; and
WHEREAS, we recognize four dimensions of recovery from mental health and substance use
disorders: health, home, purpose, and community; and
WHEREAS,to help more people achieve and sustain long-term recovery, the U.S.
Department of Health and Human services (HHs), the Substance Abuse and
Mental Health Services Administration (SAMHSA), the White House Office of
National Drug Control Policy (ONDCP), King County, and The City of Kent,
Washington invite all residents of Kent to participate in Nafional Recovery Month;
and
NOW, THEREFORE, l, Dana Ralph, Mayor of Kent, do hereby proclaim the month of
September 2020 as
National Recovery Month
ln Kent Washington and call upon the people of Kent to observe this month with appropriate
programs, activities, and ceremonies to support King County's Recovery Month theme, "Rising
Above it All: Wellnesg ResrTrence & Recovery.
ln witness whereof, I have hereunto set my hand this 1st day of September 2020
KENT
preventing and overcoming mental and substance use disorders is essential to
achieving healthy lifestyles, both physically and emotionally; and
an estimated 400,000 people in King County are affected by these conditions;
and
WASHTNcToN
Mayor Dana Ral
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PROCLAMATION
wHEREAS,September L, 2020, marks the two hundred thirty third
anniversary of the drafting of the Constitution of the
United States of America by the Constitutional
Convention; and
WHEREAS' it is fitting and proper to accord official recognition to this
magnificent document and its memorable anniversary,
and to the patriotic celebrations which will commemorate
the occasion; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation
each year by the President of the United States of
" America designating September L7 through 23 as
Constitution Week;
NOW THEREFORE, I, Dana Ralph, Mayor of the City of Kent, do
hereby proclaim September 17 through 23,2020 as
COAISTITUTION WEEK
In the city of Kent, washington, and I encourage our citizens to
reaffirm the ideals the Framers of the constitution had in L7B7 by
vigilantly protecting the freedoms guaranteed to us through this
guardian of our liberties, remembering that lost rights may never be
regained.
In witness whereof, I have hereunto set my hand this 1st day of
September,2020.
Dana Ralph, Mayor
KENT
WAsHrNcroN
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WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
PROCLAMATION
Kent Youth and Family Services was established as the "Sixth Chambef', an all-volunteer
drop-in effort as a place for"troubled" youth struggling with drug, alcoholand mental health,
by concerned Kent parents, Kent Schpol District administrators and teachers, City of Kent
and the Kent Police Department on September 21, 1970; and
the sixth chamber, located in a donated house on 4th Avenue N, began growing as a
place for youth to receive support services, and operating as Kent Valley Youth Services
was relocated to the newly built Kent Commons during the mid-1970's; and
Kent Valley Youth Services continued to grow, as did the City of Kent, necessitating
greater need for Kent Commons space for Parks and Recreation Programs, in the early
1980's the City of Kent assisted Kent Valley Youth Services in relocating to the Titus
Building, purchased by the Kent Valley Youth Services board of directors, and changed
the agency name to Kent Youth and Family Services, where'KYFS' remains today; and
the initialfunding of what is now KYFS was secured in the early 1970's through the
original united states Federalyouth alcoholand drug prevention program, which
required grant application sponsorship from a local law enforcement agency, provided to
KYFS by Kent Police Department; and
in 1986 the City of Kent established the Human Services Commission, and in 1989
committed to an annual human services set aside - providing funding support for the
critical programs provided by KYFS each year thereafter; and
KYFS has grown into a multi-services agency of 100+ professional staff touching the
lives of some 10,000 children, youth and their families annually by providing Early
Childhood Education; the after-schoolYouth Development Program; transitional housing
for homeless youth and young adult mothers and their children; and Behavioral Health
Treatment services - partnering with Kent Police on the commercially sexually
Exploited Children Advocacy project; and
the City of Kent has demonstrably been a partner of Kent Youth and Family Services since
their beginning as the Sixth Chamber in 1970; and
WHEREAS, the contribution KYFS has made to the quality of life in Kent and across the Kent School
District, unquestionably contributing to the Kent community providing hope for a better
future for hundreds of thousands of children, youth and families lives over 50 years.
NOW, THEREFORE, l, Dana Ralph, Mayor of Kent, do hereby proclaim September 21,2020 as
Kent Youth and Family Services Day
in Kent Washington and I encourage,all people of Kent to join me in recognizing the contributions Kent
Youth and Family Services have made to the city of Kent and its residents.
ln witness whereof, I have hereunto set my hand this 1$ day of september,2020.
KEN T
WAgnixorox
Mayor Dana Ralp
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• The Mayor, City Council, and Executive
Leadership Team have developed an
ambitious list of equity initiatives in recent
months and now it’s necessary to prioritize
and sequence the work. The CAO has
drafted a matrix for discussion with the ELT
and then with the City Council in coming
weeks.
• Department directors presented their
2021-22 operating and capital budget
requests to the Mayor in front of the
Executive Leadership Team over the course
of two days in mid-August. The Mayor,
CAO, and finance director are now meeting
regularly to decide which requests to
include in the Mayor’s proposed budget,
which she will submit to the City Council on
September 29.
• Department directors will meet with our
government relations consultant in
September to start work on the city’s 2021
state legislative agenda. The Mayor will
recommend an agenda to the council
sometime this fall.
• The CAO, public works director, and
assistant city attorney are working on a
franchise agreement with the Soos Creek
Water & Sewer District, which serves
residents in the Panther Lake area and
beyond. The city already has franchise
agreements with the other three water-
sewer districts that serve Kent residents.
Rental Housing Inspection Program
Based on public concerns around COVID-19,
summer inspections were delayed; however,
given the importance of tenant living
conditions, in-person inspections resume on
September 1st for West Hill and West Valley.
Third-party inspectors are required to follow
all recommended health and safety protocols.
Landlords facing financial difficulty will be
offered phased repair deadlines and a
provisional certificate of compliance, as
needed.
Long Range Planning
The Request for Proposal for the Mobile Home
Parks Preservation Policy Recommendations
study was published August 20th in various
locations and is available here:
https://www.kentwa.gov/doing-business/bids-
procurement. Long Range Planning seeks
qualified consultants to study Kent’s mobile
home park communities and offer guidance in
crafting preservation policy. This work will be
a key component of the City’s Housing Action
Plan which is scheduled to be adopted in June
2021.
Economic Development
• Craft3 made its selections from a
competitive pool of applicants for the Small
Business Emergency Relief Grants.
Awarded businesses have been notified as
have those not awarded, and successful
applicants are completing the necessary
paperwork so that funds can be disbursed.
ECD staff continue to receive and answer
questions from the public about the now
ADMINISTRATION ECONOMIC AND COMMUNITY
DEVELOPMENT
September 1, 2020
5.B
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closed application program, and expect a
detailed analysis of the applicant pool from
Craft3 by the time this report is published.
Findings of interest will be shared with
Council as appropriate.
• ECD will meet with Craft3 soon to work out
final reporting and to discuss the best ways
to measure impact and keep information
flowing to applicants, successful and
otherwise, who need support.
• ECD also continues to share information on
the program mechanics with other
economic development officials inquiring on
behalf of their agency programs.
• ECD is contributing data points to the team
working on the US Space Command HQ
questionnaire.
• ECD is responding to site selection inquiries
for novel coronavirus antibody
manufacturing facilities as well as for PPE
manufacturing sites.
• A local group focused on identifying
investments the federal and state
government can make to help pivot the
local manufacturing base from aviation to
commercial space markets has requested
our assistance, and we plan to spend time
on this in the final quarter of 2020.
• Kent Chamber of Commerce, acting as a
representative of the Communities of
Opportunity organization, asked that we
help identify businesses that meet the
criteria for King County’s Commercial
Affordability pilot program in South King
County.
• The Request for Qualifications for the North
Naden Avenue Assembly Joint Advanced
Manufacturing and Technical Education
Facility was published August 24th in the
Daily Journal of Commerce and the full
packet is available here:
https://www.kentwa.gov/doing-
business/bids-procurement
August 2020 Permit Stats
• Applicants Notified Permit Read 199
• Review Letters Completed 98
• New Submittals Processed 331
• Resubmittals Processed 97
• Permits Issued/Picked up 299
• Inspections Completed 824 (last 30
days)
• New Submittals waiting 209
• The Finance Department continues to
provide support for the administration
of federal CARES Act grant moneys
received by the City. On August 13,
Internal Audit and the Tax Division
provided the results of its review of
applications received under the Small
Business Emergency Relief Grant
program for adherence to certain
eligibility criteria related to City
business licensing and business tax
requirements.
• Meter reader staff have been busy
clearing vegetation around meter
boxes. This helps make sure water
meters are accessible and easy to find.
• The payroll team’s involvement in the
Workday Project continues as we move
from the configuration/unit testing
phases into the parallel testing
phase. Payroll continues to develop
standard operating procedures which
will include documentation of
differences between current (JDE) and
future state (Workday). We are working
closely with our business partners in
Human Resources and Information
Technology to streamline, reduce work
duplication and automate manual work
while meeting regulatory and
contractual requirements. This effort
will reduce total payroll processing time
while increasing paycheck accuracy.
• Finance is working with the State
Auditor’s Office as they conduct the
City’s 2019 Financial, Federal (Grant)
and Accountability Audits.
Information Technology Projects
• Multimedia Ticket System Replacement -
Replace the existing Avanti system with a
new system that will be more stable, better
supported and easier to
maintain. Additional features to include:
FINANCE
HUMAN RESOURCES
INFORMATION TECHNOLOGY
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direct to print/quick print, electronic job
ticket board, enhanced billing and invoicing
capabilities, and improved web
catalogue/online ordering.
• 2020 Desktop Refresh - Continuation to
execute the City of Kent policy to refresh
PC’s on a rotating 5-year basis.
Information Technology operational support
for August 12, 2020 to August 25, 2020
• Number of tickets opened – 150
• Number of tickets closed – 180
Enterprise GIS
General:
• Completed and published Current and
Future projects web application for ECD
• Continue to update and normalize city
addressing database
• Attended Sound to Summit King County
Regional GIS meeting
• Research on rearchitecting of the GIS
Enterprise system
• Creating a new Enterprise GIS ticketing
system for customer intake of requests
Weekly Customer Service Requests
• Continued research to provide data for
Utility Billing
• Working with Police on the SafeCam web
application
• Transferring GIS monthly update to
Enterprise GIS
• Assisted City departments with a number
of contracting issues that have arisen in
light of the COVID-19 emergency.
• Resolved litigation concerning King
County’s use of the Econo Lodge property
as an isolation and quarantine facility for
COVID-19. King County agreed that when
the state of emergency ends concerning
King County and COVID-19, it will comply
with the City’s zoning and land use code
provisions.
• Received and worked to respond to various
Subpoena Duces Tecums requesting
records from the City.
• Continued to assist the Clerk’s office with
public records requests as needed, and
Public Works, ECD, IT and Parks with a
number of high priority contracts and
development projects, including property
rights and access issues involving Naden
Avenue.
• Assisted the Clerk’s Office in preparing the
agenda for the City Council meetings and
Committee of the Whole meetings.
• Assisted the HR Department in a number of
sensitive employment and labor related
matters.
Recreation
• A Spotlight Series survey was sent to the
ticket holder database and posted online to
gauge concerns around returning to live
performing arts events, as well as to
measure interest in live streaming options.
Not surprisingly, Spotlight Series patrons
want to see a variety of safety measures
put into place before they will feel
comfortable returning to live concert
settings. A majority (60%) of people said
they would be willing to pay up to 25%
more for Spotlight Series tickets to help
accommodate reduced seating capacity/
social distancing. An overwhelming
majority (83%) of people indicated that
they would pay to watch live streamed
Spotlight Series events.
• The Public Art installation of the sculptural
parcourse exercise circuit designed by
Clark Wiegman for Morrill Meadows Park
has begun and is expected to be complete
in the next couple of weeks.
• Round #3 of the Kent Arts Commission’s
traffic signal control box art wraps program
has been installed. Eight new art-wrapped
boxes grace locations throughout Kent:
o SE 256th St. and 132nd Avenue SW,
Artist: Jill Erickson
o State Route 99 and S. 252nd St., Artist:
Melissa Koch
o Central Ave. N. and E. James St., Artist:
Joy Hagen
o 4th Ave. and James St., Artist: Erica
Peto
o Interurban Trail and Smith St., Artist:
Ken Winnick
o 4th Ave. and Meeker St., Artist: Cam
Kristenson
LAW
PARKS, RECREATION, AND
COMMUNITY SERVICES
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o 152nd St. and Kent-Kangley, Artist:
Vikram Madan
o 272nd St. and State Route 99, Artist:
Dinah Rau
• The Centennial Gallery 2020 Summer Art
Exhibit has come to a close. While it was
disappointing that we were never able to
open the gallery to the public, two videos
featuring the artwork were well-received
online and the 16 participating artists were
appreciative that they could still be
involved in an art show this summer.
• The gallery exhibit scheduled for
September-October 2020 has been
canceled due to the uncertainty of when
King County will move into phase three
when the gallery can be opened.
• A new Kent Creates exhibit was launched
on July 15. “Quarantine Art” encourages
people to share their creative quarantine
projects. The submission deadline is
September 30.
Significant crime activities/arrests/
investigations
• On 08/11/20, at 9:15 am, officers
responded to a shots fired call at the
Atrium on James Apartments. An
unoccupied vehicle was located near
building 18 with multiple bullet holes in it.
The driver’s side seat was covered in blood.
Officers located a 72-year-old victim with a
gunshot wound. Aid was provided and he
was transported to Harborview Medical
Center in stable condition. The victim was
intending to leave the complex; however,
his car was blocked in by a silver sedan.
The victim asked them to move their
vehicle so he could leave, and words were
exchanged. Eventually, the vehicle moved
and as the victim was in the process of
driving out of the complex, his vehicle was
hit by gun fire from different directions.
The shooters fled the area. Multiple
vehicles and apartment units were also hit
by the gun fire. Nearly three dozen casings
were located. The suspects are still
outstanding and there is minimal suspect
information. Detectives are investigating.
• On August 18 at 9:00 pm, officers
responded to a robbery with shots fired
near Arterra Townhomes. Officers located
two victims who said they agreed to meet
a female subject from the LetGo app to
purchase a car. Instead, they were met by
two males, one produced a gun and robbed
the female of $1,700. The two suspects left
the scene with one of them allegedly firing
two rounds. No one was hit and nothing
was damaged. Shell casings were not
located. Detectives are investigating.
• On August 18 at 12:25 am, officers
responded to a carjacking at Birch Creek
Apartments. The victim said he parked his
car near building #23 and was approached
by four male suspects. One suspect pointed
a gun at the victim and demanded his
keys. All four suspects left in the victim’s
2015 silver Volvo. Detectives are
investigating.
• On August 23 Comcast cable was shot out
in the 11200 block of 196th St. Three
casings were found on the ground
underneath the damaged cable. Comcast
techs advised one of the bullets pierced the
cable. Internet in the City was down. It is
unknown if the damage was intentional or
accidental.
Land Survey
• Land Survey field staff actively staking for
76th Ave. improvements, 228th St. phase
V, 4th & Willis St. roundabout, Upper Mill
Creek Dam and 224th Phase II to keep
contractors moving to meet schedules.
• Reviewing project plans & revisions,
creating staking models and providing
feedback on potential conflicts to project
teams.
• Scheduling & coordinating multiple
construction requests. Non-construction
related requests being prioritized as time
allows.
GIS
• GIS support for CityWorks asset
management & data modeling.
• Public records requests- multiple submittals
for utility infrastructure in the last month.
POLICE
PUBLIC WORKS
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• Surface Water Management (SWM)
impervious calculations for updating Utility
Billing.
• GIS as-builts - intake and data entry for
CIP and private development projects.
• 2020 aerial flight ground control target
painting for fall flyover.
Construction
• LID 363: S 224th St Improvements – 88th
Ave S / S 218th St improvements – S
222nd St to 94th Pl S (Ph 2): permanent
striping is scheduled to proceed on
Monday, August 31.
• 228th St. Union Pacific Railroad grade
separation bridge and roadway (Ph 5 of 5):
civil crews working on last grade fill on
West side of bridge, SW1 wall location near
Pacific Power. Continuing Hilfiker wall
construction on the east side of bridge this
week. Structures crews working on barrier
wall construction at NW 1 and SW 3. The
bridge crews are working at both
crossbeams forming for concrete
placement scheduled for Wednesday,
September 2. Span 2 diaphragms are also
being formed in preparation for concrete
placement the same day. The Interurban
Trail is open for use. There are spotters
onsite to assist bicyclists and pedestrians
as needed.
• Upper Mill Creek Dam improvements and
diversion structure replacement: concrete
work on the dam is near completion. Fill
placement extending the dam to the final
elevation will follow. Forming, rebar
placement, and concrete pours for the new
diversion structure (fish ladder) is ongoing
with the stream bypass in place. The
temporary closure of 104th Ave S will be in
place through September.
• Green River Natural Resource Area
(GRNRA) south stormwater pump station:
interior mudding and painting is ongoing.
The 24” storm tie-in is complete. Pump
delivery is scheduled for September.
• Meet Me on Meeker Sidewalk / Riverbend
Driving Range improvements: the elevated
concrete crosswalk and asphalt paving on
Meeker St. is complete. Final striping will
be scheduled after the appropriate cure
time has passed for both surfaces. Current
activities include topsoil placement,
irrigation installation, and placement of
decorative concrete pavers.
• 2020 asphalt overlays: grind and pave
activities in the Green Valley Estates and
Chestnut Ridge neighborhoods are
beginning this week.
• Willis Street and 4th Ave S roundabout:
concrete flatwork form/pour activities on
the roundabout features are ongoing. The
switch-over to the new configuration is
being scheduled for the weekend of
September 19 and 20. A full closure of the
intersection will be implemented in order to
complete this transition. W Saar and W
Willis will remain closed through
November.
• 76th Avenue South improvements: 76th
Ave one-way southbound temporary traffic
is in place and will remain in effect for the
duration of the project. Concrete paving on
the East side of 76th Ave is scheduled to
proceed on Friday (8/28). Sidewalk and
driveway pours are ongoing in coordination
with multiple businesses and other on-site
activities.
• Downey Farmstead Restoration, Phase 3:
Council has authorized the award of this
project to Olson Brothers Excavating, Inc.
of Puyallup, WA. Mobilization began
yesterday (8/24) and earthwork will
proceed this week. Anticipate heavy truck
traffic in the area.
Transportation
• Staff have been working to advance the
quiet zones in Kent. The next big milestone
is gaining approval from the Washington
State Utilities and Transportation
Commission (UTC) to modify the street
crossings of the railroads. The railroads can
contest the grade crossing modifications
which would result in a hearing and ruling
by the UTC. The UTC estimates a hearing
can take between 12 and 15 months to
complete. We are working with both
railroads to find mutually acceptable
crossing modifications that will allow us to
move forward with railroad concurrence.
Both UPRR and BNSF are interested in
working with us before we submit the
grade crossing petitions. UPRR has hired a
consultant to work with us. A meeting is
expected in the next two weeks. BNSF has
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had some staff turnover and is working to
identify an internal team to work with us.
Design
• Design Engineering has started looking
ahead to projects in 2021 and 2022. Work
planning and coordination with other
sections in Public Works is underway. The
team recently worked with ECD for concept
modified Meet Me on Meeker exhibits. As
the team continues to support the S 224th
St, S 228th St, Meet Me on Meeker Driving
Range Promenade, Willis Street
Roundabout, 2020 Contracted Overlays,
76th Ave S improvements, Reith Road
water main replacement and Frager
Road/Midway Creek bridge, 192nd sewer
repair construction projects, work
continues on projects currently in design.
Design and coordination with King County
Flood Control District continues – critical
elements include levee access locations,
environmental permitting and securing the
next interlocal agreement. Other projects
underway include the Meet Me on Meeker –
Russell Road to GRE segment where it is
pending WSDOT approval to advertise
(expected in the next week); West Hill
reservoir 90% drawings are expected this
week with distribution for review within the
week; 2020 cured in place pipe – storm
and sanitary linings and repairs scheduled
for plan review next month; S 224th Hytek
mitigation met with corps to discuss
current status of the project and next
steps; Kensington ravine design has
started and property rights secured for
construction in 2021; 81st Ave
pumpstation and forcemain – team digging
into drainage master plan to gather
information for estimates; and coordination
with structural and geotechnical engineers
on the Mill Creek at 76th Ave. S. flood
protection.
Streets
• Street maintenance crews will grind and
pave for inlay and hot patch inlay on 144th
Ave SE, grind and pave for inlay on S 228th
St, grind and pave for overlay on 144th Ave
SE and place message boards on 132nd Ave
SE.
• Signs and markings crew will be doing sign
maintenance on the East Hill, West Hill,
Valley South and Valley North, retro
reflectivity GIS and inventory on Military
Rd, retro reflectivity form for school flasher
on SE 232nd St, remove retro “No Parking”
signs on Central Ave S, 84th Ave S, 104th
Ave S, W Smith St and E Smith St, install
signs on 108th Ave SE and 45th Ave S,
remove signs on 114th Ave SE and SE 240th
St, retro reflectivity sign locates on Military
Rd S install speed limit signs on roads
approaching Reiten Rd and set bases and
replaces signs for the retro reflectivity
project on Military Rd S and S 272nd Dr.
solid waste crew are removing debris and
illegal signs on 108th Ave SE, W Meeker St,
124th Ave SE, Kent Kangley and 94th Ave S,
fix Adopt-A-Street and “No Parking” signs
on SE 272nd Ave and remove graffiti from
the Don Wickstrom bridge.
• Water Vegetation crews will be line
trimming and mowing at Pump Station 3,
Pump Station 4, Cambridge tank, 212th
treatment plant, 208th St well, 3.5 tank,
Clark Springs water easement, Armstrong
Springs and Kent POD 3. Street vegetation
crews will mow and line trim on SE 240th St
and 64th Ave S and the James St hill, water
street trees, clean up trash and remove
weeds from planted street tree beds and
remove weeds from street tree grates in
the downtown core and weed potted plants
at the GRNRA. The sidearm crew will be
mowing on Riverview Blvd, 124th Ave SE,
116th Ave SE, SE 240th St, 94th Ave S, S
218th St, 64th Ave S, 92nd Ave S, S 200th St,
148th Ave SE, 80th Pl S and 77th Ave S. The
wetland mitigation crew will line trim,
remove weeds 72nd Ave S, Lake Meridian
outlet wetlands and Riverview Blvd, run
irrigation at Leber property, Frager Rd and
Alvin’s pond and remove weeds at Alvin’s
pond wetland area. The wetland
maintenance crew will be mowing and line
trimming on Clark Ave N, Morgan’s Place
on 98th Ave S, Benchmark on 106th Ave SE,
Gages Grove on SE 124th Pl, Chelmsford on
117th Ave SE and Twin Creeks on 131st Ave
SE, pick up garbage on the bike path at
Russell Rd and remove loostrife at the
GRNRA. The holding pond crew will be
mowing and line trimming at Sun Meadows
2 on 132nd Ave SE, Sun Meadows 1 on
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132nd Ave SE, Brossard on 124th Ave SE,
Cantera Tract C on 124th Ave SE, Cantera
Tract H on 126th Pl SE, Winsberg Haven on
127th Pl, Hino on SE 240th St, Meridian
Glenn on SE 240th St, Terra Heights on
116th Ave SE, Benchmark on 105th Ave SE,
Pine Ridge on SE 234th St, Canterra Tract H
on 126th Pl SE, Grewel Short Plat on SE
234th St, Birdsong on 116th Ave SE, Shuver
Estates on 116th Ave SE, Chelmsford Tract
C, D, and H on SE 234th St, Gages Grove
Tract A on SE 240th St and Gages Grove
Tract B on 126th Ave SE.
Water
• Staff continue to work on our Shops Inc
water main replacement on 1st Ave S
between James Street and W Cloudy
Street. Pipe installation should be complete
by the end of the week, with pressure
testing, bacteriological sampling, tie-in and
new service installations to follow. Interior
cleaning and inspection of our Blue Boy
Tank on Kent’s East Hill is completed. The
tank is currently being refilled.
Bacteriological sampling will follow and
then the tank will be placed back in
service. Our Guiberson Reservoir generator
replacement is nearing completion. Start-
up and testing are scheduled for this week,
then the generator will be placed in
service. The start-up of our new 640
Pressure Zone on Kent’s East Hill will begin
on September 15th. Customer informational
postcards were delivered this week and we
are working on addressing questions from
customers.
Storm/Sewer
• Storm crews will perform cleaning for TV
inspection on SE 264th St, 135th Ave SE and
106th Ave SE, cleaning a culvert on S 212th
St, ditch maintenance at 12435 S 258th St,
installing best management practices at
Earthworks Park for preparation of cleaning
the sediment collection pond, relocating
fish and cleaning Earthworks pond,
cleaning twin culverts on E Titus St and
manhole changeouts at S 212th St and E
Smith St. The crew will also be performing
National Pollutant Discharge Elimination
System (NPDES) assessing on SE 213th St
and 97th Pl S and pumping on 116th Ave SE
and SE 200th St.
• Sewer crews will perform Storm TV
inspection on the East Hill and perform
access road and bank restoration at Union
Pacific pump station.
Fleet/Warehouse
• The Warehouse crew continues to maintain
the shops yard keeping it clean and picked
up and maintaining the wash rack,
assisting with CDL training, issuing
personal protection equipment (PPE’s),
issue hydrants and public notice boards to
contractors, repairing small equipment as
needed, receiving parts and inventory
orders and posting to stock or work orders.
• Fleet crews will be working on vactor write
up for small repairs, side arm mower
repairs, side arm mower book replacement,
repair all spare mower heads, small mower
repairs, Police vehicles at body shops, new
fuel system changeover, 10 out of 14
patrol cars have shown up at the fitter in
Lakewood, City Space write ups and
scheduled and nonscheduled repairs. The
radio shop is programing radios and yearly
radio maintenance.
# # #
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Pending Approval
City Council Workshop
Workshop Regular Meeting
Minutes
August 18, 2020
Date: August 18, 2020
Time: 5:01 p.m.
Place: THIS IS A REMOTE MEETING
I. CALL TO ORDER
Attendee Name Title Status Arrived
Toni Troutner Council President Present
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present
Zandria Michaud Councilmember Excused
Les Thomas Councilmember Present
Dana Ralph Mayor Present
II. PRESENTATIONS
1 Water System Update Sean Bauer 45 MIN.
Water Systems Manager, Sean Bauer provided the Council with an update on
the City's water system.
Bauer reviewed the City’s water sources and details on the water supply,
including the Howard Hanson Dam Additional Water Storage project and the
Additional Water Storage project.
The Permanent Downstream Fish Passage project was reviewed and advised
that construction should be completed by 2030.
Bauer reviewed the City of Kent Water Quality Report for 2019. The City
continues to meet the requirements of the Lead and Copper Rule and the
revision that is currently underway. One rule revision is for water utilities to
test all schools and daycares within their service area over a 5-year cycle.
Bauer reviewed America’s Water Infrastructure Act of 2018 and indicated one
of the provisions of the Act is emergency response and resiliency for drinking
water systems.
Bauer updated the Council on the status of the Landsburg Mine and ongoing
testing requirements.
Some of the City’s projects completed since last year’s update include the
640 Pump Station No. 1 project, Pump Station No. 3 Electrical Upgrade
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City Council Workshop Workshop Regular
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August 18, 2020
Kent, Washington
Page 2 of 3
project and the Cambridge Tank recoating and structural improvements
project.
The City’s Water System Plan is a 10-year planning document that was
completed late last fall and was approved by the Department of Health on
July 9, 2020. The next 10-year plan will be due July 10, 2030.
Bauer advised of work performed by the City’s Shops, Inc. program,
including the Kent Spring Control System PLC Upgrade project, Armstrong
Springs Well #2 Replacement project and the Rock Creek Habitat
Conservation Measure No. 3 project.
Upcoming projects include the construction of the West Hill Reservoir, the
West Hill Booster Station and Transmission Main project, the implementation
of the 640 Pressure Zone, Watermain Replacements, 125K Tank Recoating
and Structural Improvements project, Clark Spring Generator and Electrical
Upgrade project, Summit-Landsburg Road Culvert Replacement Rock Creek
Habitat Conservation Measure 5, SR 516/Jenkins Creek Road Widening
project in cooperation with the City of Covington and Washington State
Department of Transportation and Well Rehabilitations projects.
2 Emergency Management Update Jeff DiDonato 45 MIN.
Division Chief, Jeff DiDonato, Emergency Manager presented the Council with
an overview of the City of Kent Emergency Management program.
DiDonato advised his team includes Emergency Management Coordinator,
Kimberly Behymer and Emergency Management Specialist, Jenny Keizer.
Most of what Emergency Management does falls into one of these 5 phases:
• Prevention - Focuses on preventing human hazards
• Mitigation - The effort to reduce loss of life and property by lessening the
impact of disasters and emergencies
• Preparedness - A continuous cycle of planning, organizing, training,
equipping, exercising, evaluating and taking corrective action.
• Response - Comprised of the coordination and management of resources
(including personnel, equipment, and supplies)
• Recovery - Consists of those activities that continue beyond the emergency
period to restore critical community functions and begin to manage
stabilization efforts.
DiDonato reviewed the legal authorities that authorize and obligate the City
to provide Emergency Management services and reviewed the roles and
responsibilities.
DiDonato reviewed the various activation Levels and advised what the
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City Council Workshop Workshop Regular
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August 18, 2020
Kent, Washington
Page 3 of 3
councilmembers are responsible for during an emergency.
Details on the Operations, Logistics, Finance and Administrative and Planning
sections were provided.
DiDonato walked the Council through Regional/State Emergency
Management Coordination efforts.
DiDonato advised that everyone should plan now for a disaster by:
· Making a family disaster plan
· Be prepared to be at home for 2 weeks or on the go for 3 days
· Know your role
· Make a Communication Plan - how will you connect with your household (out
of area contact, meeting location)
· Put together a Disaster Kit
· Be ready to assist in the response
·
Kent has worked with local Emergency Management offices to develop a
regional campaign called MakeitThrough.org. It is a great place to get
information on preparing for a disaster.
Meeting ended at 5:57 p.m.
Kimberley A. Komoto
City Clerk
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Pending Approval
Kent City Council
City Council Regular Meeting
Minutes
August 18, 2020
Date: August 18, 2020
Time: 7:01 p.m.
Place: Chambers
1. CALL TO ORDER
Mayor Ralph called the meeting to order.
2. ROLL CALL
Attendee Name Title Status Arrived
Dana Ralph Mayor Present
Toni Troutner Council President Present
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present
Les Thomas Councilmember Present
Zandria Michaud Councilmember Excused
3. AGENDA APPROVAL
A. Approve the agenda as presented
Chief Administrative Officer, Derek Matheson advised that the current,
amended and published agenda is correct. A public hearing on the Flood
Hazard Ordinance was advertised and then is was determined that it was not
needed, so it was removed from the agenda along with three public safety-
related items since Chief Padilla is not available to attend tonight.
Matheson's report is in today's agenda packet and there is no executive
session tonight.
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas
4. PUBLIC COMMUNICATIONS
A. Public Recognition
1. Proclamation for "Justin aka nothinbutlag Day"
Mayor Ralph expressed appreciation for Justin "nothinbutlag." The City is
always striving to find new and innovative ways to connect with community
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Kent City Council City Council Regular Meeting
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August 18, 2020
Kent, Washington
Page 2 of 7
members through social engagement. Justin "nothinbutlag" is an influential
content producer that agreed to interact with the City's Twitter account and
managed to increase the City of Kent's Twitter followers by a few thousand.
Mayor read the proclamation proclaiming August 29, 2020 as "Justin aka
nothinbutlag Day."
B. Community Events
Council President Troutner advised that the outdoor movies at the
accessoShoWare Center will end on August 30th. Information is available at
accessoshowarecenter.com.
Mayor Ralph invited the public to visit the City's website and social media
websites for details on the upcoming mask and hand sanitizer distribution
events at the accesso ShoWare Center.
Mayor Ralph reminded residents to complete the 2020 Census. The deadline
is September 30, 2020. There are Census workers out in the community to
remind residents to complete census.
5. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
Mayor Ralph advised that 2020 marks the 100th anniversary of the passage
of the 19th Amendment, guaranteeing and protecting women’s constitutional
right to vote.
Mayor Ralph advised that she had considered asking Council to approve
adding Proposition A to the November ballot. Prop A would have been a ballot
initiative that would add 30 officers, support staff, community engagement
officers and social workers.
With the recent economic impacts because of COVID 19, she has made the
difficult decision to not ask the Council to put it on the November ballot. Her
decision was a clear response to COVID and not in response to the demands
around defunding the Police Department.
The Kent Police Department has been underfunded compared to other
jurisdictions and she will continue to partner with the community to work on
early intervention efforts and community engagement.
Mayor Ralph will continue working on implementing programs like the co-
responder model and will also work with legislators on funding the programs.
B. Chief Administrative Officer's Report
Chief Administrative Officer, Derek Matheson thanked councilmembers for
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Kent City Council City Council Regular Meeting
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August 18, 2020
Kent, Washington
Page 3 of 7
attending the recent budget mini retreat where they heard an update on
revenue and expenditure forecasts. Council also provided Mayor Ralph with
direction on proposals they would like her to consider for the 2021-2022
biennial budget.
The Executive Leadership Team will participate in a budget retreat this week
where they will present budget requests. The 2021-2022 biennial budget will
be presented to the Council in late September.
Matheson advised that the City’s third-party administrator for the Small
Business Relief Grant program is in the process of notifying applicants of the
grants that will be awarded. There were 314 eligible applications and the City
has enough funds for 217.
For any questions about the application evaluation and selection process,
contact CRAFT 3 at KentBusinessGrant@Craft3.org.
Matheson advised his report is in today’s agenda packet and there is no
executive session tonight.
C. Councilmember's Reports
Council President Troutner provided a brief recap of tonight's two workshop
presentations: Water System Update and Emergency Management.
Councilmember Kaur serves on the King County Domestic Violence Initiative
Regional Task Force. The recent meeting included a presentation regarding
the electronic service of domestic violence protection orders. The King
County Sheriff’s Office also made a presentation that advised that domestic
violence victims can text 911 calls if they are not able to call.
Councilmember Thomas serves on the Puget Sound Regional Fire Authority
Executive Board and indicated the board recently completed evaluations for
the Chief. The next meeting is August 19th at 5:30 p.m. at station 78.
Councilmember Fincher serves on the Arts Commission and indicated the
commission recently discussed the difficulties they have faced trying to fill
the youth position.
The current Kent Creates art contest deadline is September 30th.
Councilmember Fincher advised that additional traffic signal box wraps have
been installed.
6. PUBLIC HEARING
None.
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August 18, 2020
Kent, Washington
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7. PUBLIC COMMENT
None.
8. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas
A. Approval of Minutes
1. City Council Meeting - City Council Regular Meeting - Aug 4, 2020 5:00
PM
2. Council Workshop - Workshop Special Meeting - Aug 10, 2020 4:00 PM
3. Committee of the Whole - Committee of the Whole - Regular Meeting -
Aug 11, 2020 4:00 PM
B. Payment of Bills – Approve
MOTION: Approve the Payment of Bills received through
7/31/20 and paid on 7/31/20 and approve the checks issued
for payroll 7/16/20-7/31/20 and paid on 8/5/20, and were
audited by the Committee of the Whold on 8/11/20.
C. Excused Absence for Councilmember Michaud - Approve
MOTION: Approve an excused absence for Councilmember
Michaud for the meeting of August 18, 2020.
D. Accept the Armstrong Well 2 Pump Replacement Project as
Complete - Authorize
MOTION: Authorize the Mayor to accept the Armstrong Well 2
Pump Replacement Project as complete and release retainage
to Gary Harper Construction, Inc. upon receipt of standard
releases from the State and the release of any liens.
E. Space Command Headquarters Resolution – Adopt
MOTION: Adopt Resolution No. 2016, urging the United States
government to select Kent, Washington to host the permanent
headquarters of the United States Space Command
(USSPACECOM).
F. Consolidated Budget Adjustment Ordinance for Adjustments
Between April 1, 2020 and June 30, 2020 – Adopt
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Kent City Council City Council Regular Meeting
Minutes
August 18, 2020
Kent, Washington
Page 5 of 7
MOTION: Adopt Ordinance No. 4365, approving the
consolidating budget adjustments made between April 1, 2020
and June 30, 2020, reflecting an overall budget increase of
$19,253,712.
G. Agreement for Consultant Services with N. Harris Computer
Corp. for Continued Integration of Existing Point of Sale System
- Authorize
MOTION: Authorize the Mayor to sign a Master Professional
Services Agreement with N. Harris Computer Corporation for
professional services related to continued system integration
into the City’s existing point of sale system through the term of
the Agreement or any negotiated extension to the extent those
services can be paid for within established budgets, subject to
final contract terms acceptable to the IT Director and City
Attorney.
H. Consultant Services Agreement with Studio Meng Strazzara,
Inc., P.S. for the Police Headquarters Renovation Project -
Authorize
MOTION: Authorize the Mayor to sign a Consultant Services
Agreement with Studio Meng Strazzara, Inc., P.S. in an amount
not to exceed $192,974.00, for the Kent Police Headquarters
Renovation Project, subject to final terms and conditions
acceptable to the City Attorney and Parks Director.
I. RCO Grant Conversion for YMCA Replacement Property –
Approve
MOTION: Authorize the Mayor to sign a Replacement Property
Deed of Right in favor of the Washington Recreation and
Conservation Office to secure the “Ransom Property” as
replacement property to offset the necessary conversion that
occurred to a portion of Morrill Meadows Park in support of the
City’s joint development project with the YMCA, and to take all
actions and sign all documents necessary to complete the
conversion process, subject to final terms and conditions
acceptable to the Parks Director and City Attorney.
J. Consultant Services Agreement with Jacobs Engineering Group
Inc. for Washington Avenue South Stormwater Pump Station -
Authorize
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
August 18, 2020
Kent, Washington
Page 6 of 7
MOTION: Authorize the Mayor to sign a consultant services
agreement with Jacobs Engineering Group, Inc. in an amount
not to exceed $169,891.24 for engineering services on the
Washington Avenue South Stormwater Pump Station project,
subject to final terms and conditions acceptable to the City
Attorney and Public Works Director.
K. Transportation Master Plan Project List – Approve
MOTION: Move to approve the Transportation Master Plan
Refined Prioritized Project List for public outreach.
L. 2018 Regional Mobility Grant WSDOT Agreement – Authorize
MOTION: Authorize the Mayor to sign a grant agreement with
the Washington Department of Transportation to accept
Regional Mobility Grant Program funds, in the amount of
$8,000,000 for RapidRide I bus stops and access to transit
improvements, subject to final terms and conditions acceptable
to the City Attorney and the Public Works Director.
M. 2018 Regional Mobility Grant King County Metro Transit
Department Agreement - Authorize
MOTION: Authorize the Mayor to sign a funding agreement with
the King County Metro Transit Department to design and
construct RapidRide I bus stops and access to transit
improvements with Regional Mobility Grant program funding,
for the amount of $8,000,000 for the RapidRide I project,
subject to final terms and conditions acceptable to the City
Attorney and the Public Works Director.
N. Ordinance Updating KCC 14.09 – Flood Hazard Regulations -
Adopt
MOTION: Adopt Ordinance No. 4366, amending Chapter 14.09
of the Kent City Code entitled “Flood Hazard Regulations,” to
strike KCC 14.09.150(C) related to projects designed for the
enhancement of fish habitat within the floodway.
9. OTHER BUSINESS
None.
10. BIDS
None.
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
None.
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
August 18, 2020
Kent, Washington
Page 7 of 7
12. ADJOURNMENT
Mayor Ralph adjourned the meeting.
Meeting ended at 7:23 p.m.
Kimberley A. Komoto
City Clerk
8.A.2
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Pending Approval
Kent City Council - Committee
of the Whole
Committee of the Whole -
Regular Meeting
Minutes
August 25, 2020
Date: August 25, 2020
Time: 4:02 p.m.
Place: THIS IS A REMOTE MEETING
1. CALL TO ORDER
Council President Troutner called the meeting to order.
2. ROLL CALL
Attendee Name Title Status Arrived
Toni Troutner Council President Present
Bill Boyce Councilmember Present
Brenda Fincher Councilmember Present
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present
Zandria Michaud Councilmember Present
Les Thomas Councilmember Excused
Dana Ralph Mayor Present
3. AGENDA APPROVAL
There were no changes to the agenda.
4. DEPARTMENT PRESENTATIONS
A. Payment of Bills
MOTION: Approve the Payment of Bills
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/1/2020
7:00 PM
B. Star Lake Rezone Ordinance - Adopt
Economic and Community Development Planner, Sam Alcorn spoke about the
Star Lake Rezone Ordinance. This is a proposal to rezone the property
located at 2526 South 272nd Street from half CC-MU (Community
Commercial - Mixed Use) and half MRT-16 (Multifamily Residential
Townhouse) to GC-MU (General Commercial - Mixed Use). The site is
currently developed as a single-family house, which is currently vacant and
in disrepair. Following the public hearing and reviewing the
recommendation by the hearing examiner, the City planning staff agrees
with this rezone and recommends Council adopt the ordinance.
8.A.3
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Kent City Council - Committee of the Whole
Committee of the Whole - Regular Meeting
Minutes
August 25, 2020
Kent, Washington
Page 2 of 3
MOTION: Adopt Ordinance No. 4367, approving the Star Lake
Rezone application from half CC-MU (Community Commercial -
Mixed Use) and half MRT-16 (Multifamily Residential
Townhouse) to GC-MU (General Commercial - Mixed Use).
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/1/2020
7:00 PM
C. King County Flood Control District Milwaukee 2 Levee Interlocal
Agreement Amendment - Authorize
Environmental Engineer, Steven Lincoln spoke about the Milwaukee 2
Levee and the amendment to the interlocal agreement with the King
County Flood Control District. This amendment will add additional funds
necessary to purchase the remaining properties required for the project,
which increases Kent's reimbursable amount to the District from $3.65
million to $11.0 million.
MOTION: Authorize the Mayor to sign an amendment to the
existing Interlocal Agreement with the King County Flood
Control District for the Milwaukee II Levee project, subject to
final terms and conditions acceptable to the City Attorney and
Public Works Director.
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/1/2020
7:00 PM
D. Amendment to the Interlocal Agreement with the Water
Resource Inventory Area 8 - Authorize
Public Works Environmental Engineering Manager, Mike Mactutis
presented an amendment to the interlocal agreement with Water
Resource Inventory Area (WRIA) 8. This amendment will be to re-admit
Snohomish County into the WRIA 8 partnership which requires approval
from the other participating jurisdictions. Snohomish county terminated
it's partnership with WRIA 8 back in 2018 due to budgetary issues and is
requesting to be readmitted.
MOTION: Authorize the Mayor to sign the First Amendment to
the Interlocal Agreement for the Watershed Basins within
Water Resource Inventory Area 8, subject to final terms and
conditions acceptable to the Public Works Director and City
Attorney.
8.A.3
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Kent City Council - Committee of the Whole
Committee of the Whole - Regular Meeting
Minutes
August 25, 2020
Kent, Washington
Page 3 of 3
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/1/2020
7:00 PM
E. Amendment to the Interlocal Agreement with the City of
Covington - Authorize
City of Kent Water System Manager, Sean Bauer presented a second
amendment to the interlocal agreement with the City of Covington for
Joint Public Works Operations for CIP 1127, S.E. 272nd Street
improvements between Jenkins Creek and 185th Place SE. This
amendment is to extend the existing interlocal agreement to December
31, 2023 to relocate the transmission mains as a part of the street
widening improvement project.
MOTION: Authorize the Mayor to sign a Second Amendment to
the Interlocal Agreement between the Cities of Covington and
Kent for Joint Public Works Operations for CIP 1127, S.E. 272nd
Street (516) Improvements between Jenkins Creek and 185th
Place S.E., subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 9/1/2020
7:00 PM
F. INFO ONLY: Quiet Zone Update
Transportation Engineering Manager, Rob Brown provided an update on
the Quiet Zone project. The next step in the process is to submit the
grade crossing modification petitions to the Washington State Utilities and
Transportation Commission. The City has been working with the railroad
to try and come to an agreement on crossing modifications prior to
submitting to the UTC. Once these modification petitions are approved
they will be constructed through a separate construction contract.
Following the completion of the construction, the quiet zone can be
established 60 days after a notification of quiet zone establishment has
been sent. This has been a long process, but progress is continually being
made.
5. ADJOURNMENT
Council President Troutner adjourned the meeting at 4:35 PM.
Meeting ended at 4:35 p.m.
Kimberley A. Komoto
City Clerk
8.A.3
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DATE: September 1, 2020
TO: Kent City Council
SUBJECT: Payment of Bills - Approve
MOTION: Approve the Payment of Bills received through 8/15/20 and paid
on 8/15/20 and approve the checks issued for payroll for 8/1/20-8/15/20
and paid on 8/20/20, as audited by the Committee of the Whole on
8/25/20.
SUMMARY:
Approval of payment of the bills received through-----08/15/20
and paid 08/15/20
Approval of checks issued for Vouchers:
Date Amount
08/15/20 Wire Transfers 8397 8416 $3,087,713.31
08/15/20 Regular Checks 747067 747436 $3,674,569.18
08/15/20 Payment Plus 102505 102549 $183,430.43
Void Checks $0.00
08/15/20 Use Tax Payable $2,647.47
$6,948,360.39
Approval of checks issued for Payroll:8/1/20-8/15/20
and paid 8/20/2020
Date Amount
8/20/2020 Checks 0
Voids and Reissues
8/20/2020 Advices 456352 457108 $1,815,067.85
$1,815,067.85
Document Numbers
Document Numbers
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
8.B
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08/25/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 9/1/2020 7:00 PM
8.B
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DATE: September 1, 2020
TO: Kent City Council
SUBJECT: Accept the South 212th Street Bridge Deck Resurface
Project as Complete - Authorize
MOTION: Authorize the Mayor to accept the South 212th Street Bridge Deck
Resurface Project as complete and release retainage to C.A. Carey
Corporation upon receipt of standard releases from the State and the
release of any liens.
SUMMARY: This project overlaid the existing 212th Street bridge deck surface with
polyester concrete to cover exposed reinforcing steel.
The final contract total paid was $577,894.34 which is $19,785.66 under the
original contract amount of $597,680.
BUDGET IMPACT: Project was funded with budgeted B&O funds.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
8.C
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DATE: September 1, 2020
TO: Kent City Council
SUBJECT: King County Flood Control District Milwaukee 2 Levee
Interlocal Agreement Amendment - Authorize
MOTION: Authorize the Mayor to sign an amendment to the existing
Interlocal Agreement with the King County Flood Control District for the
Milwaukee II Levee project, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: The Milwaukee II Levee project (Project) is located on the right bank
(north bank) of the Green River, between the Union Pacific Railroad Embankment to
the west and Third Ave South to the east. The existing levee needs to be
reconstructed and raised to provide improved flood protection.
The King County Flood Control District (District) has previously allocated funding to
Kent for the Project to prepare an Alternatives Analysis Study (Study) and purchase
property under an Interlocal Agreement (ILA) executed in 2016. The existing ILA
has allowed the City to complete its Study and acquire a portion of the properties
needed to construct the levee project.
This ILA Amendment adds additional funds necessary to purchase the remaining
properties required for the Project, which increases Kent’s reimbursable amount to
the District from $3.65 M to $11.0 M. A future separate ILA with the District will be
necessary to complete the design and construct the levee improvements.
BUDGET IMPACT: The City will be reimbursed by the King County Flood Control
District in accordance with the ILA.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
8.D
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ATTACHMENTS:
1. Milwaukee II Levee Exhibit (PDF)
08/25/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 9/1/2020 7:00 PM
8.D
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Attachment A
‐1‐
AMENDMENT TO
AGREEMENT REGARDING ALTERNATIVES AND PROPERTY ACQUISITION
Milwaukee II Levee Improvement Project
River Mile 24.04 to 24.25 Right Bank
THIS AMENDMENT NO. 1 TO AGREEMENT REGARDING ALTERNATIVES AND
PROPERTY ACQUISITION (“Amendment No. 1”) governing the Milwaukee II Levee
Improvement Project, River Mile 24.04 to 24.25, Right Bank, is entered into on the last date
signed below by and between the CITY OF KENT, a Washington municipal corporation
(“City”), and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a quasi-municipal
corporation of the State of Washington (“District”) (collectively, the "Parties").
I. RECITALS
A. The Parties entered into an Agreement Regarding Alternatives and Property
Acquisition on June 28th, 2016 (“Agreement”), concerning an analysis and study of alternatives
(“Study”) and property acquisition of King County Tax Parcel Numbers 000660-0082 and
000660-0017 (“Property”) in support of the project to improve the Milwaukee II Levee
(“Project”). Efforts to acquire these tax parcels are continuing.
B. The Agreement authorized the City to complete an alternative analysis study and
to acquire the Property, with the District agreeing to reimburse the City for its actual costs
incurred in completing those tasks. The maximum allowable reimbursement amount the District
authorized through the Agreement was $3,650,000. Since the Agreement’s execution nearly four
years ago, the City has obtained appraisals for the Property and engaged in negotiations with the
owners. Those appraisals indicate that the maximum allowable reimbursement amount
authorized by the Agreement will be insufficient to reimburse the City for its estimated actual
costs incurred in acquiring the Property.
C. In addition, the owner’s use of King County Tax Parcel Number 000660-0082 is
so closely intertwined with another parcel, King County Tax Parcel Number 000660-0079, that it
too requires the City may also need to purchase this parcel, though the parcel is not required for
the Project. As a matter of law, when separate tracts of land are owned by the same owner and
put to a single use, for purposes of determining just compensation, they must be treated as a
single parcel.
D. The City has presented the District with a revised estimate of project costs, which
estimate includes the costs incurred to obtain the Study and revised Property acquisition costs
that have been adjusted to account for the current appraisal values. It is therefore appropriate to
amend the Agreement to adjust its 2016 reimbursement budget.
8.D.a
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Attachment A
‐2‐
E. It is appropriate for the City to move forward with removal of existing structures,
utilities and other appurtenances.
II. AMENDMENT
NOW THEREFORE, in consideration of the mutual interest, desire, and promises of the
parties and other good and valuable consideration, the Parties agree as follows:
2.1 Recitals Incorporated. All recitals above are hereby incorporated in and ratified
as part of this Amendment No. 1.
2.2 Acquisition and Transfer of Property Interests. Section 3 of the Agreement is
amended to further provide that the City will acquire King County Tax Parcel Number 000660-
0079, at the District’s costs and expense, should it be determined that such parcel constitutes a
single larger parcel associated with King County Tax Parcel Number 000660-0082 and not
separate parcels for purposes of determining just compensation. Toward that end, an amended
Exhibit A is attached and incorporated herein.
2.3. Removal of Structures. The Agreement is amended to include the following
new provisions concerning the removal of structures once property is acquired under the
Agreement and this Amendment No. 1.
a. Once each parcel that is required for the Project is acquired and the City
has title and possession to the Property, the City will hire a contractor to demolish and remove all
structures on the Property, including any existing septic tank, oil heating system, or other
appurtenances associated with the Property.
b. The City shall obtain and be responsible for all necessary local, state, and
federal permits and approvals necessary to carry out the demolition and removal work described
above, and shall fully comply with all applicable requirements and conditions thereof.
c. The District agrees it will reimburse the City for the City’s actual costs
and expenses incurred in the demolition and removal work provided for in this Section 2.3, and
those reimbursement requests will be submitted and paid in accordance with Section 4 of the
Agreement.
2.4 Maximum Reimbursement for City Costs and Expenses. Section 4.a. of the
Agreement is amended to increase the maximum reimbursement for City costs and expenses
from $3,650,000 to $11,000,000, which amount is intended to compensate the City for those City
costs and expenses associated with acquiring the Study and the necessary property interests
provided for by the Agreement.
2.5 Duration-Effective Date. Section 5 of the Agreement is amended by deleting the
entirety of that section and replacing it with the following: “This Agreement shall take effect on
8.D.a
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Attachment A
‐3‐
the date on which the second party signs this Agreement, and shall remain in effect until the City
both acquires fee title to the property described in Exhibit A and further conveys to the District
any easements the District may require to construct the Project.”
2.6 Insurance. Section 10 of the Agreement is amended by deleting the entirety of that
section and replacing it with the following: The District recognizes that the City is self-insured
and accepts such coverage for liability arising under this Agreement. The City recognizes that
the District is a member of the risk-pool Enduris, in an amount not less than One Million Dollars
($1,000,000) per occurrence with a reinsurance liability policy of not less than Ten Million
Dollars ($10,000,000) and will provide the City with an Evidence of Coverage (EOC) pursuant
to Chapter 48.62 RCW.
2.7 Remaining Provisions. Except as specifically amended by this Amendment No.
1, all remaining provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1, which shall
become effective on the last date signed below.
CITY OF KENT KING COUNTY FLOOD CONTROL
ZONE DISTRICT
By: By:
Dana Ralph Dave Upthegrove
Its: Mayor Its: Board Chair
DATE: __________________________ DATE: _________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
City Attorney Legal Counsel
8.D.a
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Attachment A
‐4‐
EXHIBIT A
Property Interests that May be Acquired by City of Kent
Drexel Investments LLC
Tax Parcel Number: 000660-0017
Parcel A:
Beginning at a point on the East line of the Cavanaugh Tract and the South line of County Road
which is 810.48 feet, more or less, East and 2,914.56 feet, more or less, South of the Northwest
corner of the Samuel W. Russell Donation Land Claim Number 41, Section 24, Township 22
North, Range 4 East, W.M., in King County, Washington;
Thence South to the White River;
Thence Westerly along the North bank of the White River to the Easterly line of Chicago
Milwaukee St. Paul and Pacific Railroad;
Thence Northerly along said Easterly line to the Southerly line of said County Road;
Thence Easterly along said road line to Point of Beginning.
Parcel B:
Beginning 810.48 feet East and 2,914.56 feet South of the Northwest corner of Samuel W.
Russell Donation Claim Number 41, Section 24, Township 22 North, Range 4 East, W.M., in
King County, Washington;
Thence South 82.5 feet, more or less, to White River;
Thence Northeasterly along river, 198 feet to the South line of County Road;
Thence Westerly to the Point of Beginning.
Amrik Commercial Rentals LLC
Tax Parcel Number: 000660-0082
That potion of the S.W. Russell Donation Land Claim No. 41, in King County, Washington,
described as follows:
Commencing at the Southeast corner of Waterman's Acre Tracts to the Town of Kent, according
to plat recorded in Volume 12 of Plats at page(s) 11, in King County, Washington;
Thence South 88°02'30" West along the South line of said plat 713.08 feet to the Southerly
production of the West line of South Third Avenue, as conveyed to the City of Kent by deed
Dated July 11, 1955 and recorded under Recording No. 4599830;
Thence South 1°55'37" East along said West line, and said West line produced, 1179.70 feet to
an angle point in the Southerly line of that tract of land conveyed to C.L. Knudtsen, W.H.
Meadowcroft and Fred E. Meadowcroft by deed dated January 27, 1956 and recorded under
Recording No. 4659959 and the True Point of Beginning;
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Attachment A
‐5‐
Thence South 88°02'30" West to the East line of that tract of land conveyed to James A.
Cavanaugh by deed dated December 8, 1885, and recorded under Recording No. 8870; thence
South 1°58'00" East along said East line 283.80 feet, more or less, to the North line of a county
road, being also the South boundary of a tract of land conveyed to Ralph E. Leber and La Vern
June Leber, his wife, by deed dated February 4, 1955 and recorded under Recording No.
4543722;
Thence in an Easterly direction along the North line of said county road South 89°17'00" East
242.10 feet; North 78°06'00" East 239.10 feet; and North 87°14'00" East 330.61 feet, more or
less, to said Southerly production of the West line of said South Third Avenue;
Thence North 1°55'37" West along said produced West line 249.16 feet, more or less, to the True
Point of Beginning.
EXCEPT that portion conveyed to the City of Kent by deed recorded under Recording No.
20130129001427.
Amrik Commercial Rentals LLC
Tax Parcel Number: 000660-0079
Lot 1, City of Kent Short Plat Alteration File No. PTA-2008-1, recorded under Recording No.
20080207900001, records of King County, Washington;
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DATE: September 1, 2020
TO: Kent City Council
SUBJECT: Amendment to the Interlocal Agreement with the Water
Resource Inventory Area 8 - Authorize
MOTION: Authorize the Mayor to sign the First Amendment to the
Interlocal Agreement for the Watershed Basins within Water Resource
Inventory Area 8, subject to final terms and conditions acceptable to the
Public Works Director and City Attorney.
SUMMARY: WRIA 8 includes the Lake Washington Watershed, as well as nearshore
areas in Seattle. The Cedar River watershed is a tributary of Lake Washington and
Rock Creek is a tributary of the Cedar River. The City of Kent’s Clark Springs
municipal water supply is in the Rock Creek watershed and is the city’s main water
supply; hence, our involvement with WRIA 8.
In 1999, the federal government listed Puget Sound Chinook salmon as threatened
under the Endangered Species Act (ESA). In 2001, concerned about the need to
protect and restore habitat for salmon, King County and 27 cities, including Kent,
signed an ILA to jointly create a salmon habitat plan for WRIA 8 and this ILA was
renewed in 2006. In 2015, the ILA was renewed for a ten year term. Puget Sound
Steelhead were also listed as threatened under the ESA in 2007.
At the end of 2018, Snohomish County terminated its partnership in WRIA 8 due to
budgetary issues. They are now requesting to be re-admitted into the WRIA 8
partnership and this requires approval from the other participating jurisdictions.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. WRIA 8 Exhibit (PDF)
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08/25/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 9/1/2020 7:00 PM
8.E
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Amendment to WRIA 8 ILA 2016-2025 December 2019
1 FIRST AMENDMENT TO
2 INTERLOCAL AGREEMENT
3 For the Watershed Basins within Water Resource Inventory Area 8
4
5 PREAMBLE
6 THIS FIRST AMENDMENT ("Amendment") to the lnterlocal Agreement ("Agreement") for the
7 Watershed Basins within Water Resource Inventory Area 8 ("WRIA 8") is entered into by the
8 Parties and Snohomish County ("County") to authorize the County to rejoin the Agreement as a
9 member of the WRIA 8 Salmon Recovery Council ("Council"}. The County terminated its
10 participation effective December 31, 2018, and now wishes to rejoin.
11
12 AMENDMENT
13
14 Upon the effective date of this Amendment, the County shall be a member of the Council, and
15 shall have all of the rights, privileges, duties and obligations afforded the Parties under the terms
16 of the Agreement. Per Section 7 of the Agreement, the County agrees to pay its annual cost
17 share for 2020 and future years.
18
19 IN WITNESS WHEREOF, Snohomish County and the Parties have executed this Amendment as of the
20 last date of signature below:
21
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City of Kent
By: ____________________________
Title: _________________________
Date: __________________________
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DATE: September 1, 2020
TO: Kent City Council
SUBJECT: Amendment to the Interlocal Agreement with the City of
Covington - Authorize
MOTION: Authorize the Mayor to sign a Second Amendment to the
Interlocal Agreement between the Cities of Covington and Kent for Joint
Public Works Operations for CIP 1127, S.E. 272nd Street (516)
Improvements between Jenkins Creek and 185th Place S.E., subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
SUMMARY: An Interlocal Agreement was entered into between the City of Kent
and the City of Covington for Joint Public Works Operations for CIP 1127 S.E. 272nd
(SR516) Improvements between Jenkins Creek and 185th Place S.E. in 2016.
The Kent Water Utility owns three transmission mains that are in S.E. 272nd Street,
within the City of Covington. These transmission mains convey drinking water to
Kent from our primary water sources located east of town, and they need to be
relocated to allow for street widening at the Jenkins Creek bridge.
The purpose of the Agreement is to contract with Covington to relocate the
transmission mains as part of the street improvement project and bill Kent for
related costs. The agreement needs to be extended due to delays in the project.
The first agreement terminated on December 31, 2018; the first Amendment
extended the termination date to December 31, 2020; and the proposed
amendment would extend the agreement to December 31, 2023.
Construction should start in 2021, much of the work is expected to be completed in
2022 and the project should be complete in 2023.
BUDGET IMPACT: None, agreement time extension only
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
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ATTACHMENTS:
1. Second Amendment to Covington ILA (PDF)
08/25/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 9/1/2020 7:00 PM
8.F
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SECOND AMENDMENT TO
INTERLOCAL AGREEMENT BETWEEN THE CITIES OF COVINGTON AND KENT
FOR JOINT PUBLIC WORKS OPERATIONS FOR CIP 1127 SE 272ND ST. (SR 516)
IMPROVEMENTS BETWEEN JENKINS CREEK AND 185TH PLACE SE
This Second Amendment (“Second Amendment”), to the Interlocal Agreement,
dated August 26, 2016, is between the City of Kent (“Kent”) and the City of Covington
(“Covington”) and amends the original Agreement and all prior Amendments. All other
provisions of the original Agreement or prior Amendments not inconsistent with this
Amendment shall remain in full force and effect.
1. Section 8 of the Agreement, entitled “Term of Agreement” is hereby
modified as follows:
This Agreement shall become effective as of the date this Agreement is
approved by both legislative bodies of the Parties and subsequently
executed by those Parties pursuant to the terms of this Agreement, this
Agreement shall remain in full force and effect until December 31, 2020
December 31, 2023, or final acceptance and exchange of record drawings,
whichever comes first. This Agreement may be extended by written
agreement of the Parties subject to the approval of such extension by each
Party’s legislative body.
All acts consistent with the authority of the Agreement, previous Amendments (if
any), and this Amendment, prior to the effective date of this Amendment, are hereby
ratified and affirmed, and the terms of the Agreement, previous Amendments (if any),
and this Amendment shall be deemed to have applied.
IN WITNESS WHEREOF, the Parties below execute this Agreement, herein
COVINGTON:
CITY OF COVINGTON:
By:
(signature)
Print Name: Regan Bolli
Its City Manager
(title)
DATE:
KENT:
CITY OF KENT
By: ______
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
APPROVED AS TO FORM:
Mark Orthmann, City Attorney
APPROVED AS TO FORM:
Kent Law Department
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DATE: September 1, 2020
TO: Kent City Council
SUBJECT: Star Lake Rezone Ordinance - Adopt
MOTION: Adopt Ordinance No. 4367, approving the Star Lake Rezone
application from half CC-MU (Community Commercial - Mixed Use) and half
MRT-16 (Multifamily Residential Townhouse) to GC-MU (General
Commercial - Mixed Use).
SUMMARY: 272nd Street and I-5, LLC owns property located at 2526 South 272nd
Street and has requested the City rezone the property from half CC-MU
(Community Commercial - Mixed Use) and half MRT-16 (Multifamily Residential
Townhouse) to GC-MU (General Commercial - Mixed Use).
The GC-MU zoning district is consistent with the existing Comprehensive Plan Land
Use Map designation of MU - Mixed Use. This 2.32-acre property abuts the future
site of the Star Lake light rail station. Surrounding properties are zoned as
multifamily residential. The subject site is developed as a single-family house,
which is currently vacant and in disrepair.
Kent City Code 15.09.050 establishes five criteria for granting a request for rezone
which help ensure consistency with the Comprehensive Plan, nearby land uses, and
available infrastructure and services. After conducting an open record public
hearing on July 29, 2020, the hearing examiner recommended the Star Lake rezone
application be approved. City planning staff agrees with the hearing examiner’s
recommendation and recommends Council accept it.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
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ATTACHMENTS:
1. StarLakeRezone Ordinance (PDF)
2. Kent - Star Lake Rezone Decision (PDF)
3. Star Lake Rezone Staff Report (PDF)
4. Star Lake Rezone Application (PDF)
5. Star Lake Rezone Application Narrative (PDF)
6. Star Lake Rezone Site Plan (PDF)
08/25/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 9/1/2020 7:00 PM
8.G
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1 Star Lake Rezone
ORDINANCE NO. 4367
AN ORDINANCE of the City Council of the
City of Kent, Washington, relating to land use and
zoning, specifically the rezoning of a 2.32-acre
parcel located at 2526 South 272nd Street, Kent,
Washington from half CC-MU (Community
Commercial – Mixed Use) and half MRT-16
(Multifamily Residential Townhouse) to GC-MU
(General Commercial – Mixed Use).
RECITALS
A. An application to rezone one parcel totaling approximately 2.32
acres in size from the current zoning of half CC-MU (Community Commercial
– Mixed Use) and half MRT-16 (Multifamily Residential Townhouse) to GC-MU
(General Commercial – Mixed Use), was filed on December 12, 2019, by Imad
Bahbah of IHB Architects (Star Lake Rezone CPZ-2019-2, KIVA#RPP4-
2195112).
B. On June 26, 2020 the City’s SEPA Responsible Official issued a
Determination of Nonsignificance for the Star Lake rezone (ENV-2020-3,
KIVA #RPSW-2200552).
C. After the publication and giving of notice, a public hearing on
the Star Lake rezone was held before the Hearing Examiner on July 29,
2020. Following the public hearing, on August 12, 2020, the Hearing
Examiner issued his findings and conclusions that the Star Lake Rezone is
consistent with the City’s comprehensive plan, that the proposed rezone and
any subsequent development would be compatible with the existing
neighborhood, that the proposed rezone would not unduly burden the
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2 Star Lake Rezone
transportation system, that circumstances have changed substantially to
warrant the proposed rezone, and that the proposed rezone would not
adversely affect public health, safety and general welfare of the citizens of
the city of Kent.
D. Based on these findings and conclusions, the Hearing Examiner
recommended Council approve the Star Lake Rezone.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Hearing Examiner’s Findings and Conclusions Adopted.
The Hearing Examiner’s findings and conclusions pertaining to the Star Lake
Rezone issued on August 12, 2020, are consistent with sections
15.09.050(A)(3) and 15.09.050(C) of the Kent City Code. The findings of
the hearing examiner are accepted, and the Kent City Council adopts the
Hearing Examiner’s recommendation for approval of the Star Lake Rezone
of the 2.32-acre parcel from half CC-MU (Community Commercial – Mixed Use)
and half MRT-16 (Multifamily Residential Townhouse) to GC-MU (General
Commercial – Mixed Use).
SECTION 2. – Rezone. The property located at 2526 South 272nd
Street, Kent, Washington, consisting of approximately 2.32 acres of land as
depicted in the attached and incorporated Exhibit “A,” and legally described
in the attached and incorporated Exhibit “B,” is rezoned as follows:
King County tax parcel number 7682800195 located in
Kent, Washington, shall be rezoned from half CC-MU
(Community Commercial – Mixed Use) and half MRT-16
(Multifamily Residential Townhouse) to GC-MU (General
Commercial – Mixed Use).
The city of Kent zoning map shall be amended to reflect the rezone granted
above.
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SECTION 3. – Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state or federal laws, codes, rules, or regulations.
SECTION 4. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this ordinance
and that remaining portion shall maintain its full force and effect.
SECTION 5. – Effective Date. This ordinance shall take effect and be
in force thirty 30 days from and after its passage.
September 1, 2020
DANA RALPH, MAYOR Date Approved
ATTEST:
September 1, 2020
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
September 4, 2020
Date Published
APPROVED AS TO FORM:
_____
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
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Exhibit B
Star Lake Rezone
Property Legal Description
SECOMA HI-WAY TRS LESS POR FOR RD, PLAT LOT: 43
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Star Lake Rezone
No. RZ-2019-2, KIVA #RPP4-2195112
Page 1 of 10
LAND USE HEARING EXAMINER
CITY OF KENT
Andrew M. Reeves
Hearing Examiner
In the Matter of the Application of ) No. RZ-2019-2
) KIVA #RPP4 - 2195112
)
Imad Bahbah, on behalf of ) Star Lake Rezone
IHB Architects )
)
) FINDINGS, CONCLUSIONS,
For a Rezone ) AND RECOMMENDATION
SUMMARY OF DECISION
The Hearing Examiner recommends that the request for a rezone of a 2.32-acre
parcel from a split-zone designation of “Multi-Family Residential Townhouse” (MR-
T16) and “Community Commercial – Mixed Use” (CC-MU) to the “General
Commercial – Mixed Use” (GC-MU) zoning district, at 2526 S. 272nd Street, be
APPROVED.
SUMMARY OF RECORD
Hearing Date:
The Hearing Examiner held an open record hearing on the request on July 29,
2020, using remote meeting technology in light of the ongoing COVID-19
pandemic.
Testimony:
The following individuals presented testimony under oath at the open record
hearing:
Sam Alcorn, City Planner
Imad Bahbah, Applicant Representative
Exhibits:
The following exhibits were admitted into the record:
1. Staff Report, dated July 29, 2020
2. Zoning Map Amendment (Rezone) Application, received December 12, 2019;
Rezone Application Narrative, dated November 20, 2019; Site Plan; Vicinity
Map; Proposed Site Plan and Ground Floor Map, dated June 4, 2019
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Star Lake Rezone
No. RZ-2019-2, KIVA #RPP4-2195112
Page 2 of 10
3. Distribution of Staff Report & Agenda, dated July 20, 2020
4. Distribution of Public Hearing Notice, dated July 17, 2020, with Affidavit of
Mailing, dated July 17, 2020
5. Notice of Public Hearing, with Affidavit of Posting, dated July 16, 2020
6. Notice of Public Hearing ad for publication in Kent Reporter on July 17, 2020
7. Notice of Application, dated February 28, 2020; Affidavit of Posting, dated
February 28, 2020, with Distribution of NOA Material, dated February 27,
2020, and Declaration of Delivery, dated February 27, 2020
8. Notice of Application, ad for publication in Kent Reporter on February 28,
2020
9. SEPA Information:
a. Environmental Checklist, received February 13, 2020
b. Environmental Review Report, dated June 26, 2020
c. Determination of Nonsignificance, dated June 26, 2020
10. Critical Areas Information:
a. Critical Area Report for Wetlands & Streams, J.S. Jones and Associates,
Inc., dated April 6, 2020
b. Letter from Theresa R. Dusek, dated May 6, 2020
11. Comments:
a. Letter from Washington State Department of Ecology, dated March 12,
2020
b. Letter from Washington State Department of Ecology, dated July 8, 2020
12. Certificate of Water Availability, revised July 25, 2019
13. Certificate of Sewer Availability, dated November 27, 2019
FINDINGS
Application and Notice
1. Imad Bahbah, on behalf of IHB Architects (Applicant),1 requests a zoning
map amendment to rezone a 2.32-acre parcel from a split-zone designation
of “Multi-Family Residential Townhouse” (MR-T16) and “Community
Commercial – Mixed Use” (CC-MU) to the “General Commercial – Mixed Use”
(GC-MU) zoning district. The property is located at 2526 S. 272nd Street,
adjacent to the Star Lake Park & Ride and future site of the Sound Transit
Link Light Rail Station.2 Exhibit 1, Staff Report, pages 1 and 2; Exhibit 2;
Exhibit 10.
2. The City of Kent (City) determined the rezone application was complete on
February 13, 2020. On February 28, 2020, the City posted notice of the
rezone application, sent notice to public agencies and parties of record, and
1 The submitted application materials list “272nd Street I-5 LLC as the Property Owner. Exhibit 2.
2 The property subject to the rezone request is identified by King County tax parcel number
7682800195. A legal description of the property is included with the application materials. Exhibit 1,
Staff Report, pages 2 and 4; Exhibit 2.
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Star Lake Rezone
No. RZ-2019-2, KIVA #RPP4-2195112
Page 3 of 10
published notice in the Kent Reporter. The same day, the City notified
property owners within 300 feet of the subject property of the application.
On July 17, 2020, the City mailed or emailed notice of the open record
hearing associated with the rezone request to public agencies and all owners
of property within 300 feet of the subject property, posted notice on -site,
and published notice in the Kent Reporter. The City received no comments
from interested members of the public in response to its notice materials.
The City received one comment from a reviewing agency: the Washington
State Department of Ecology (DOE) provided a general comment letter about
the potential for soil contamination on-site, because of the Asarco Smelter
Plume, and the need for appropriate remediation if toxic materials are
discovered during testing or construction. Exhibit 1, Staff Report, page 6;
Exhibits 3 through 8; Exhibit 11.
State Environmental Policy Act
3. The City acted as lead agency and analyzed the environmental impacts of the
proposal, as required by the State Environmental Policy Act (SEPA), Chapter
43.21C Revised Code of Washington (RCW). The City reviewed the
Applicant’s Environmental Checklist and other information on file and
determined that the proposal would not have a probable significant adverse
impact on the environment. On June 26, 2020, the City issued a
Determination of Nonsignificance (DNS) for the proposal. The City provided
notice of the DNS as required by the municipal code, with a comment
deadline of July 10, 2020. DOE provided comments similar to those it
provided in response to the notice of application, concerning potential soil
contamination on-site. No other comments specific to SEPA were received,
and the DNS was not appealed. Exhibit 1, Staff Report, page 3; Exhibit 9;
Exhibit 11.
Existing Site and Comprehensive Plan
4. The property, which is approximately 2.32-acres, was annexed into the City
of Kent in 1997, under Ordinance No. 3351. The site is generally flat and is
developed with a single-family house, which is currently vacant and in
disrepair. The house would be removed through development of the
property. There are no sensitive or critical areas on-site, although McSorley
Creek and a large wooded wetland are located off-site to the northwest. J.S.
Jones and Associates, Inc., prepared a Critical Areas Report (CAR), dated
April 6, 2020, that assesses this off-site critical area and determined that the
wetland is a Category II wetland, requiring a 125-foot buffer. The required
buffer would not extend on-site. The City’s third-party wetland consultant
reviewed the delineation and concurred with the assessment in the CAR.
Accordingly, on May 6, 2020, the City approved the delineation and granted
the Applicant a Critical Areas Review permit (No. 2201239). Vegetation on
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Star Lake Rezone
No. RZ-2019-2, KIVA #RPP4-2195112
Page 4 of 10
the subject property consists primarily of deciduous and evergreen trees,
shrubs, and grass. Exhibit 1, Staff Report, pages 1 through 5.
5. As noted above, the property abuts the Star Lake Park & Ride, to the east,
which will serve as the future site of the Sound Transit Link Light Rail
Station. Property to the west and south is developed with multi-family
apartments. Property to the northeast is developed with a single-family
residence. McSorley Creek and a large wooded wetland area is located
northwest of the site. Exhibit 1, Staff Report, pages 1 through 4; Exhibit 2;
Exhibit 10.
6. The property has frontage along S. 272nd Street, a Minor Arterial, and 26th
Avenue South, a local street. 26th Avenue S. would provide access to the
property upon redevelopment. Sound Transit is reconstructing 26th Avenue
S. as part of the Light Rail extension project and, as a result, the Applicant
must coordinate with Sound Transit about future access to the subject
property. Public water and sewer would be available for future development
on the property, although any future development would require installation
of appropriate stormwater facilities. Exhibit 1, Staff Report, pages 2 through
4; Exhibit 2.
7. The property is designated “Mixed Use” under the City Comprehensive Plan.3
The purpose of the Mixed Use designation is to allow retail, office, and multi-
family residential development, together, in the same area. City
Comprehensive Plan, page 38. The Comprehensive Plan identifies the
“General Commercial – Mixed Use” (CG-MU) zoning district as compatible
with the Mixed Use designation. Exhibit 1, Staff Report, page 7.
8. City staff identified several Comprehensive Plan goals and policies as relevant
to the request to rezone the property. Specifically:
Ensuring a land use pattern that provides overall densities in the
planning area that are adequate to efficiently suppor t a range of public
facilities and urban services. Goal LU-1.
Providing adequate land and densities to accommodate the City’s 20-
year housing target of 10,858 new dwelling units within the Kent
Planning Area. Goal LU-6.
Locating housing opportunities with a variety of densities within close
proximity to employment, shopping, transit, and human and
community services. Policy LU-6.3.
3 On May 14, 2018, the Kent City Council approved a request, from the Applicant, to have the
designation of the subject property amended under the Comprehensive Plan. The amendment
changed the designation of the northern half of the property from “Low Density Multifamily” to “Mixed
Use.” The southern half of the property was already designated Mixed Use under the Comprehensive
Plan and remained so. Exhibit 1, Staff Report page 3.
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Star Lake Rezone
No. RZ-2019-2, KIVA #RPP4-2195112
Page 5 of 10
Providing opportunities for a variety of housing types, options, and
densities throughout the city to meet the community’s changing
demographics. Goal LU-7.
Examining commercial nodes, corridors, and subareas for existing
attributes and opportunities to revitalize commercial uses, to connect
with surrounding residential neighborhoods, and to support multi-
modal transportation facilities. Policy LU-10.1.
Exhibit 1, Staff Report, page 6.
Site-Specific Rezone
9. The property is currently split-zoned, with the northern half designated as
“Multi-Family Residential Townhouse” (MR-T16) and the southern half
designated as “Community Commercial – Mixed Use” (CC-MU). Under Kent
City Code (KCC) 15.03.010, it is “the purpose of the MR-T districts to provide
suitable locations for low to medium density multi-family residential
development where home ownership is encouraged,” and the purpose of the
CC district is “to provide areas for limited commercial activities that serve
several residential neighborhoods” and to “provide opportunities for mixed
use development” consistent with the Comprehensive Plan. Exhibit 1, Staff
Report, pages 6 and 7; Exhibit 2.
10. The Applicant requests that the property be rezoned to the “General
Commercial – Mixed Use” (GC-MU) zoning district. The purpose and intent of
the general commercial (GC) district is to:
provide for the location of commercial areas developed along
certain major thoroughfares; to provide use incentives and
development standards which will encourage the redevelopment
and upgrading of such areas; to provide for a range of trade,
service, entertainment, and recreation land uses which occur
adjacent to major traffic arterials and residential uses; and to
provide areas for development which are automobile-oriented
and designed for convenience, safety, and the reduction of the
visual blight of uncontrolled advertising signs; traffic control
devices, and utility equipment. It is also the purpose of this
district to provide opportunities for mixed use development
within the designated mixed use overlay boundary, as
designated by the comprehensive plan.
KCC 15.03.010.
11. The Applicant submitted a project narrative with its application materials.
The project narrative argues that a site-specific rezone to the GC-MU zoning
district should be approved because:
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Star Lake Rezone
No. RZ-2019-2, KIVA #RPP4-2195112
Page 6 of 10
The rezone would be consistent with the Comprehensive Plan, which
currently has the entire site designated for Mixed Use development.
A mixed-use development with available multi-family units would be
compatible with the surrounding zoning designations.
The proposal would not burden the transportation system. The
transportation system in the area is being upgraded, on the adjacent
property, through construction of a Light Rail station and larger park-
and-ride facility. This creates a prime opportunity for vibrant, mixed-
use projects to be sited on adjacent properties that serve both
commuters and residents.
The selection of the adjacent park-and-ride facility as the location of
the new Light Rail station constitutes a substantial change in
circumstance impacting the property.
The proposed rezone would not adversely affect the health, safety, and
general welfare of area residents, and the intention of the rezone and
subsequent development is to provide a more active urban
environment, adjacent to the new Light Rail station.
The proposed rezone is contiguous to an existing mixed-use overlay
area and is over one acre in size.
There are commercial uses and residential development in the
immediate vicinity that would support additional residential and
commercial development on-site.
Glenn Nelson Park is nearby, as well as the waterfront due west.
Exhibit 2.
12. City staff reviewed the proposal for compliance with the criteria for a rezone
under KCC 15.09.050.C and determined:
The Comprehensive Plan dictates that the GC-MU zoning district is
consistent with the MU designation. Moreover, several Comprehensive
Plan goals and policies (as described above) support the rezone
request.
Land uses allowed in the GC-MU zone, together with the mixed-use
development regulations and design guidelines, encourage dense, high
quality, pedestrian-friendly development near mass transit stations,
and allow for commercial or multi-family residential housing if part of a
mixed-use development.
Surrounding properties are primarily developed with multi-family
structures, with some commercial uses located approximately 1/3 mile
to the west, along SR-99. The GC-MU zoning district allows for
commercial uses, such as retail and services, that are compatible with
mixed-use development. Rezoning the property to GC-MU would allow
greater flexibility in developing the site because the GC-MU district
allows a wider variety of commercial uses than the CC-MU district, and
it only requires 5 percent (as opposed to 25 percent) of the gross floor
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Star Lake Rezone
No. RZ-2019-2, KIVA #RPP4-2195112
Page 7 of 10
area of a mixed-use development to be commercial. This, then, would
allow for more residential units to be constructed, if development of
the Light Rail station dictates the need for more housing.
Alternatively, the GC-MU designation would allow for the entire
property to be developed commercially because the GC-MU zone does
not require a residential component. Either development scenario
would be consistent with the Comprehensive Plan and surrounding
development.
Any increase in traffic from changing the zoning designations for the
property would be minimal, especially given the adjacent access to
mass transit. Future site development may require upgrades to S.
272nd Street and 26th Avenue S., although Sound Transit is upgrading
these roadways through development of the new Light Rail station.
Impacts on the regional transportation system would likely be
mitigated by payment of transportation impact fees, as required by the
municipal code. The proposal would not unduly burden the
transportation system in the vicinity of the property.
Sound Transit received funding in 2008 to extend the light rail system
from SeaTac Airport to the property adjacent to the site (and beyond).
Since then, housing prices and demand have increased substantially in
the region, with housing and commercial services near reliable public
transportation infrastructure becoming especially desirable. The
rezone would accommodate this increased demand by allowing a
greater percentage of any mixed-use development to be residential
units.
Subsequent development on the site would have to meet all applicable
codes and regulations, including requirements of the International
Building and Fire Codes, ensuring the proposal would not have adverse
effects on the health, safety, and general welfare of area residents.
Exhibit 1, Staff Report, pages 6 through 9.
Testimony
13. City Planner Sam Alcorn testified generally about the application and how the
proposal would comply with the goals and policies of the City’s
Comprehensive Plan and meet the site-specific rezone requirements of KCC
15.09.050.C. He also noted that, under KCC 15.09.050.E, properties
rezoned to an area with a mixed-use overlay must be evaluated to determine
whether the site is adjacent to or has convenient access to transit stops,
parks, and community facilities; is of an appropriate size; and is within an
area with close proximity to existing residential and commercial uses that
would support further residential development. Mr. Alcorn testified that the
site would meet these criteria. Testimony of Mr. Alcorn.
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Star Lake Rezone
No. RZ-2019-2, KIVA #RPP4-2195112
Page 8 of 10
14. Applicant Representative Imad Bahbah testified that the City did a thorough
job in explaining the proposal and that the Applicant concurs with the City’s
assessment. He noted that it is likely that the Applicant would develop the
site with multi-family residential units with some commercial development as
well. Testimony of Mr. Bahbah.
Staff Recommendation
15. City staff reviewed the application and recommend approval without
conditions. Exhibit 1, Staff Report, page 9.
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
KCC 15.09.050.C sets forth the standards and criteria the Hearing Examiner must
use to evaluate a request for a rezone. A request for a rezone shall only be granted
if:
1. The proposed rezone is consistent with the Comprehensive Plan;
2. The proposed rezone and subsequent development of the site
would be compatible with development in the vicinity;
3. The proposed rezone will not unduly burden the transportation
system in the vicinity of the property with significant adverse
impacts which cannot be mitigated;
4. Circumstances have changed substantially since the establishment
of the current zoning district to warrant the proposed rezone; and
5. The proposed rezone will not adversely affect the health, safety and
general welfare of the citizens of the City of Kent.
The criteria for review adopted by the Kent City Council are designed to implement
the requirement of chapter 36.70B RCW to enact the Growth Management Act. In
particular, RCW 36.70B.040 mandates that local jurisdictions review proposed
development to ensure consistency with City development regulations, considering
the type of land use, the level of development, infrastructure, and the
characteristics of development. RCW 36.70B.040.
Conclusions Based on Findings
1. The proposed rezone would be consistent with the Comprehensive
Plan. The proposed rezone from a split-zone designation of “Multi-Family
Residential Townhouse” (MR-T16) and “Community Commercial – Mixed Use”
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Star Lake Rezone
No. RZ-2019-2, KIVA #RPP4-2195112
Page 9 of 10
(CC-MU) to the “General Commercial – Mixed Use” (GC-MU) zoning district
would permit development consistent with the Comprehensive Plan
designation of the property as Mixed Use. In addition, the rezone would be
consistent with several Comprehensive Plan goals and policies, including:
locating housing opportunities with a variety of densities within close
proximity to employment, shopping, transit, and human and community
services; allowing and encouraging a variety of housing types and densities
throughout the city; and ensuring residential development revitalizes
commercial uses, connects with surrounding neighborhoods, and supports
multimodal transportation facilities. Findings 1, 4 – 15.
2. The proposed rezone and any subsequent development would be
compatible with the existing neighborhood. Properties south and west
of the site are developed as multi-family apartments. A future Light Rail
station is being constructed adjacent to the property, to the east. Property
to the northwest is developed with a single-family residence and property to
the northwest contains critical areas, including McSorley Creek. Accordingly,
allowed uses within the GC-MU zoning district, including use of the site for
multi-family residential development (with a mixed use component) or
commercial development would be compatible with other development in the
vicinity. Findings 4 – 15.
3. The proposed rezone would not unduly burden the transportation
system. The Applicant anticipates a level of development that would not
adversely impact traffic in the area. Traffic impacts from subsequent
development would likely be mitigated through payment of transportation
impact fees and compliance with City roadway improvement construction
standards, including construction of street and sidewalk improvements along
the property frontages. Findings 1, 4 – 15.
4. Circumstances have changed substantially to warran t the proposed
rezone. Development of a new Light Rail station on property adjacent to the
site constitutes a substantial change in circumstance warranting the rezone.
Housing prices and demand have increased substantially in the region, with
housing and commercial services near reliable public transportation
infrastructure becoming especially desirable since Sound Transit received
funding to expand the light rail system. The proposed rezone would satisfy
this demand. Findings 1, 4 – 15.
5. The proposed rezone would not adversely affect public health, safety,
and general welfare. The City gave reasonable notice of the rezone
application and the associated open record hearing. No public comments
were received on the proposal. The City also determined that the proposal
would not have significant, adverse environmental impacts. Accordingly, the
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Star Lake Rezone
No. RZ-2019-2, KIVA #RPP4-2195112
Page 10 of 10
City issued a DNS, which was not appealed. City water and sanitary sewer
services are available to the site. In addition, subsequent development on
the site would have to meet all applicable codes and regulations, including
requirements of the International Building and Fire Codes, ensuring the
proposal would not have adverse effects on the health, safety, and general
welfare of area residents. Findings 1 – 15.
RECOMMENDATION
Based upon the preceding findings and conclusions, the Hearing Examiner
recommends that the Applicant’s request to rezone a 2.32-acre parcel from a split-
zone designation of “Multi-Family Residential Townhouse” (MR-T16) and
“Community Commercial – Mixed Use” (CC-MU) to the “General Commercial –
Mixed Use” (GC-MU) zoning district, at 2526 S. 272nd Street, be APPROVED.
DATED this 12th day of August 2020.
ANDREW M. REEVES
Hearing Examiner
Sound Law Center
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ECONOMIC & COMMUNITY DEVELOPMENT
Kurt Hanson, Director
PLANNING SERVICES
Erin George, AICP, Current Planning Manager
Phone: 253-856-5454
Fax: 253-856-6454
Address: 400 W Gowe St
Kent, WA 98032-5895
KENT PLANNING SERVICES
(206) 856-5454
STAFF REPORT
FOR HEARING EXAMINER MEETING OF
July 29, 2020
FILE NO: Star Lake Rezone
RZ-2019-2, KIVA#RPP4-2195112
APPLICANT: 272nd St & I-5 LLC
1 S Grady Way
Renton, WA 98057
AGENT: Imad Bahbah, IHB Architects
21620 84th Ave S
Kent, WA 98032
imad@ihbarchitects.com
REQUEST: To rezone a 2.32-acre parcel to GC-MU,
General Commercial Mixed Use District.
Currently the north half of the parcel is MR-
T16 and the south half is CC-MU.
STAFF
REPRESENTATIVE: Sam Alcorn, Planner
STAFF
RECOMMENDATION: APPROVAL
I. GENERAL INFORMATION
A. Description of the Proposal
The applicant is requesting a Zoning Map Amendment (Rezone) of one
parcel totaling 2.32 acres from half MR-T16 and half CC-MU to be
entirely GC-MU.
B. Location
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Staff Report
Star Lake Rezone
RZ-2019-2, KIVA #RPP4-2195112
Page 2 of 9
The property is located at 2526 S. 272nd Street and is identified as
King County parcel number 7682800195.
C. Size of Property
The one parcel totals 2.32 acres in size.
D. Surrounding Zoning
The site is located near the southwestern edge of the Kent city limits
and abuts the Star Lake Park & Ride to the east. The parcel located
west of the site is zoned MR-M, Medium Density Multifamily
Residential. The parcel to the north is zoned MR-T16, Multifamily
Residential Townhouse. The parcel on the northeastern border of the
site is zoned SR-6. The parcels to the south are outside of Kent city
limits, within the city of Federal Way and are zoned RM-1800
(Multifamily Residential 1 unit/1,800 sf)
E. Land Use
The subject site is developed as a single-family house, which is
currently vacant and in disrepair. The property to the west is
developed as multifamily apartments. The property to the east is
currently the Star Lake Park & Ride and will be the site of the future
Sound Transit Link Light Rail Station. The light rail transit station is
currently under construction, slated to be operational in 2024. The
properties to the south, which are outside the Kent city limits, are
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developed as multifamily apartments. The property to the northeast is
developed as a single-family house. The area to the northwest is a
large wooded wetland area surrounding McSorley Creek. The current
Comprehensive Plan designation of the property is MU, Mixed Use.
F. History
The property is part of 578 acres annexed to the City of Kent in 1997
under Ordinance No. 3351. The subject property was created through
the Interurban Heights Fourth Section as recorded in Volume 17 of
Plats Page 86 in 1909.
On September 25, 2017 the property owner applied to amend the Kent
Comprehensive Plan to change the land use designation of the
property from the northern half being designated as LDMF (Low
Density Multifamily) and the southern half being designated as MU
(Mixed Use) to have the entire site be designated as MU. This
application was approved by Kent City Council on May 14, 2018.
The applicant had a pre-application conference with city staff on July
9, 2019 to discuss the current rezone proposal and received written
comments from city staff on July 25, 2019.
The current Rezone application was received on December 12, 2019.
SEPA and Critical Areas Review applications were received on February
13, 2020.
II. ENVIRONMENTAL CONSIDERATIONS
A. Environmental Assessment
A Determination of Nonsignificance (ENV-2020-3, RPSW-2200552) for
the rezone proposal was issued on June 26, 2020. This decision was
not appealed.
B. Significant Physical Features
Topography, Critical Areas and Vegetation
No critical areas have been identified on the subject site, however,
McSorley Creek and a large wooded wetland are located off-site to the
northwest. According to the Critical Areas Report for Wetlands and
Streams prepared by J.S. Jones and Associates, Inc., dated April 6,
2020, the wetland is classified as Category II with a buffer of 125 feet,
which does not extend onto the site. The City of Kent approved the
delineation on May 6, 2020 through the Critical Areas Review permit
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application 2201239. Vegetation on the subject parcel consists of
deciduous and evergreen trees, shrubs and grass. The site is generally
flat.
C. Significant Social Features
1. Street System
This parcel has frontage along SE 272nd St, a Minor Arterial, and
26th Ave S, a local street. Upon redevelopment, the parcel will
be required to take access from 26th Ave S as it is the lower
classification roadway. 26th Avenue S will be reconstructed by
Sound Transit as part of the Federal Way Link Extension project.
These roads are capable of handling the added capacity of the
proposed higher intensity land use and subsequent future
development of the site. Future access to the site may be
limited in accordance with the current Kent Design and
Construction Standards. Driveways within 300 feet of a
signalized intersection may be denied and must be approved by
the City Engineer. Access location to be coordinated with Sound
Transit.
2. Water System
The site is located within the Highline Water District service
area. A water availability certificate was submitted with the
application, and public water is available to serve the site.
3. Sanitary Sewer System
The site is located within the Midway Sewer District service
area. A sewer availability certificate was submitted with the
application, and public sewer is available to serve the site.
4. Stormwater System
A stormwater system will be necessary to accommodate any
future development. The developer will be required to complete
a drainage analysis and develop and submit drainage plans
prepared in accordance with the City of Kent Surface Water
Design Manual.
III. CONSULTED DEPARTMENTS AND AGENCIES
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The following departments and agencies were advised of this application on
February 28, 2020:
Chief Administrative Officer City Attorney
Director of Public Works Police Department
Parks & Recreation Director Puget Sound Regional Fire Authority
Building Official City Clerk
U.S. Post Master Federal Way School District
Washington State DOT King Co. Metro
Washington State DOE Century Link
Puget Sound Energy King County Transit Division
Highline Water District Midway Sewer District
Sound Transit Muckleshoot Tribe
Duwamish Tribe King Co. Public & Env. Health
Washington State DAHP City of SeaTac
City of Federal Way
A Notice of Application was also published in the Kent Reporter and posted
on the site on February 28, 2020. In addition to the above, all persons
owning property which lies within 300 feet of the site were notified of the
application and of the public hearing on Febraruy 28, 2020.
One public comment was received on this proposal. The Washington State
Department of Ecology commented that the proposed project is located in an
area that may have been contaminated with heavy metals due to the air
emissions originating for the old Asarco smelter in north Tacoma.
Staff response: According to the Tacoma Smelter Plume searchable map
found at: https://fortress.wa.gov/ecy/smeltersearch/, the site is shown to be
in an area of predicted arsenic levels from 40 to 100 ppm. The State
Department of Ecology recommends soil sampling for properties in areas with
estimated arsenic levels above the state cleanup level of 20 parts per million.
Such soil sampling will be recommended as part of future development
permit review. Additional review of impacts and possible mitigation will be
reviewed at the time of a future development proposal.
IV. PLANNING SERVICES REVIEW
A. Comprehensive Plan
The City of Kent has adopted a revised Comprehensive Plan pursuant
to the Growth Management Act (Ordinance #4163, September 2015).
The goals and policies of the Comprehensive Plan represent an
expression of community intentions and aspirations concerning the
future of Kent and the area within the potential annexation area. The
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plan is used by the Mayor, City Council, Land Use and Planning Board,
Hearing Examiner, and the city departments to guide decisions on
amendments to the City’s zoning code and other development
regulations which must be consistent with the plan. It also guides
decisions regarding the funding and location of capital improvement
projects. 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 the entire potential annexation area.
In addition, the City of Kent Comprehensive Plan contains the following
goals and policies which support the proposed rezone and variety of
possible future development options:
Comprehensive Plan:
Goal LU-1: Kent will ensure a land use pattern that provides overall
densities in the planning area that are adequate to efficiently support a
range of public facilities and urban services.
Goal LU-6: Kent will provide adequate land and densities to
accommodate the 20-year housing target of 10,858 new dwelling units
within the Kent Planning Area.
Policy LU-6.3: Locate housing opportunities with a variety of densities
within close proximity to employment, shopping, transit, human and
community services.
Goal LU-7: Kent will provide opportunities for a variety of housing
types, options and densities throughout the city to meet the
community’s changing demographics.
Goal LU-10.1: Examine commercial nodes, corridors and subareas for
existing attributes and opportunities to revitalize the commercial uses,
connect with surrounding residential neighborhoods and support
multimodal transportation facilities.
Planning Services Comment:
The proposed rezone is consistent with the goals and policies of the
Comprehensive Plan. The proposed new zoning designation of GC-MU
is consistent with the Comprehensive Plan land use designation of
Mixed Use. Land uses allowed in this zone, together with the mixed
use development regulations and design guidelines will encourage
dense, high quality, pedestrian friendly development near a mass
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transit station and may include commercial or multi-family residential
housing if part of a mixed use development.
B. Standards and Criteria for Granting a Request for Rezone
The following standards and criteria (Kent Zoning Code, Section
15.09.050.C) are used by the Hearing Examiner and City Council to
evaluate a request for a rezone. Such an amendment shall only be
granted if the City Council determines that the request is consistent
with these standards and criteria.
1. The proposed rezone is consistent with the Comprehensive Plan.
Planning Services Comment
In the Kent Comprehensive Plan, the subject parcel is designated as
Mixed Use (MU), which supports the requested zoning designation of
General Commercial Mixed Use (GC-MU). Additionally, the mix of uses
allowed by GC-MU will be consistent with the goals and policies of the
Comprehensive Plan as discussed in Section IV.A above.
2. The proposed rezone and subsequent development of the site
would be compatible with development in the vicinity.
Planning Services Comment
The surrounding parcels are primarily developed with multifamily
structures. Commercial uses are located one third of a mile to the west
of the parcel, along SR 99. The commercial uses that are allowed in
the GC-MU zone are limited to retail and services that are compatible
with mixed use development.
A rezone of the properties to GC-MU will be consistent with the
Comprehensive Plan designation. The current zoning districts allow
stand-alone commercial or mixed use development on the south half
and townhouse residential on the north half. The GC-MU district allows
a wider variety of commercial uses than CC-MU, and only requires 5%
of gross floor area in a mixed use development to be commercial
(versus 25% in the CC-MU district). Thus, the proposed rezone may
result in more residential units and fewer square feet of commercial
space if a mixed use development is constructed. Given proximity to
the incoming light rail station, higher density residential will be an
appropriate use as part of a transit-oriented development. Conversely,
the applicant may choose to develop the entire property as a
commercial use because residential is not required in either GC-MU or
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CC-MU. Either scenario will be consistent with the objectives of the
Mixed Use designation in the Comprehensive Plan and will 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.
Planning Services Comment
Future uses may increase traffic due to new residences or commercial
buildings, but any increase between development allowed in CC-
MU/MRT-16 versus GC-MU is expected to be minimal, especially given
adjacent mass transit access. Future site development may require
upgrades to SE 272nd St and 26th Ave S and existing infrastructure,
although Sound Transit is also upgrading these roadways as part of
the light rail station construction. Transportation impacts resulting
from subsequent redevelopment of the site will likely require
mitigation in the form of payment of Transportation Impact Fees and
the developer meeting the requirements of the City of Kent Design &
Construction Standards for roadway improvements if required.
4. Circumstances have changed substantially since the
establishment of the current zoning district to warrant the
proposed rezone.
Planning Services Comment
Sound Transit received funding in 2008 to extend light rail from
SeaTac Airport to South 272nd Street (which is adjacent to the parcel),
and further south to the Federal Way Transit Center. Since that time,
and subsequent to the approved comprehensive plan amendment
application in 2018, housing prices and demand have increased
substantially in the region. Housing and commercial services near
reliable public transportation infrastructure, like the future light rail
station adjacent to the property, has been especially desirable. The
rezone proposal to GC-MU accommodates this increased demand by
allowing a greater percentage of a mixed use development to be
residential units.
5. The proposed rezone will not adversely affect the health, safety
and general welfare of the citizens of the City of Kent.
Planning Services Comment
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Page 9 of 9
The proposed rezone is consistent with the Kent Comprehensive Plan.
Subsequent development on the site will be required to meet all
applicable codes and regulations, including fire and life safety codes,
and mitigation of anticipated environmental impacts. A Determination
of Nonsignificance was issued on June 26, 2020 for this rezone.
Therefore, the City of Kent finds that this rezone proposal will not
adversely affect the health, safety and general welfare of the citizens
of Kent.
V. CITY STAFF RECOMMENDATION
Upon review of the merits of this request and the Code criteria for granting a
rezone, the City staff recommends APPROVAL with no conditions.
KENT PLANNING DEPARTMENT
July 17, 2020
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Please prínt ín black ínk only.
App lication #:L/z- a o,/q-7
-Y
Name: Star Lake Mixed-Use Project Rezone
Location:400 W. Gowe. Mailto: 220 4Ih Avenue
Permit Center (2Sg) g56-5302 FAX: (2Sg) 856-6412
www.ci.kent.wa.us/permitcenter
Zoning Map Amendment
(Rezone) Application
Public Notice Board Fee and
Application Fee...See Fee Schedule
Planning
South. Kent, WA
Services
98032-589s
KENT }S¿IWÀsHrNoloN
PLANNING SERVICES
KIVA #
OFFICE USE ONLY
Address/Location: 2526 S.272nd Street, Kent WA 98032 Zone: CC-MU & MR-T16
King County Parcel Number (s):7682Ð0195 Acres: 2'32
]/c Section SE Section 28 Township 22 N Range 4 e
Applicant: (mandatory)
Name:IHB Architects Daytime Phone:253.236.5154
Mailing Address 21620 84th Ave S. - Suite 200 Fax Number: NA
City/State/Zip Kent, WA 98032 Signature:
Contact Person: lmad BahbahProfessional License No: 5475
Property Owner 1: (mandatory if different from applicant; attach additional info/signature sheets if more than oneproperty owner)
Name 272ND ST I-5 LLC Daytime Phone 206-669-4843
Mailing Address:16906 SE 180th PL Fax
City/State/Zip Renton, WA 98058 Signature
Property Owner 2: (if more than two property owners attach additionat info/signature sheets)
Name Daytime Phone
Mailing Address:Fax Number
City/State/Zip: SignaÌure
The above signed property owners, certify that the above information is true and correct to the best of our knowledge
and under penalty of perjury, each state that we are all of the legal owners of the property described above and
designate the following party to act as our agent with respect to this application:
AgenUConsultanUAttorney: (mandatory if primary contact is different from applicant)
Name IHB Architects Daytime Phone 253.236.5154
Mailing Address 21620 84th Ave S. - Suite 200 Fax Number: NA
c Kent, WA 98032 License No.: 5475
Email Address imad@ihbarchitects
OFFICE USE ONLY:
Date Application Received
Date Application Complete
fl Privately tnitiated lffiþí{.}þjË'#i¡i, ¡
Received by:
Comp
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Section '15.09.050 of the Kent City Code outlines procedures for amendments to the City of Kent Official
Zoning Map. Proposed amendments will be considered by the Hearing Examiner after a public hearing,
and the Hearing Examiner's findings, conclusion and recommendation will be submitted to the City Council,
which has the final authority to approve or deny the request. Zoning map amendments (rezones) can be
submitted and considered at any time during the calendar year.
Description of Proposal:
Current Designation
MR-T16 (north half)
CC-MU (south half)
Requested Designation
GC-MU
GC-MU
Zoning Map:
Reason/ Rationale for proposed Zoning Map Amendment (Rezone)
Since the entire site is currently designated as MU-Mixed Use in the Comp Plan, it would make
zon¡ng sense to create the entire Zone to one zoning designation. We propose GC-MU for
reasons of realistic and reasonable development opportunities such as:
GC-MU allows taller structures to create a more dense and vibrant mixed-use TOD project
GC-MU allows a lower commercial use requirement, which give the developer more opportunity -to create a reasonably sized commercial use to support transit users and apt, tenants.
GC-MU has no FAR, again allowing more developer incentives and opportunities
GHl-2 pscl4046 12_14 p.2of 1l
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$Ffffi Archr*;À
l\rchitecture - P!anning * ,Ëeasl,blllty r Projert ülanactement lmad H. Bahbah, Prìncipal
November 20,2019
Item A - Responses addressing KCC 15.09.050 (C)
Star Lake Mixed-Use Rezone
2526 S. 272ndSt
1. The proposed rezone is consistent with the Comp Plan.
The Gomprehensive Plan designation is currently MU (Mixed-Use) which
incorporates the entire site, therefore the rezone to GG-MU is compatible.
2. The proposed rezone and subsequent development of the site would be compatible with
the development in the vicinity.
Yes, multi-family units on the site will be compatible with the nearby MR and SR
zoning designations. However, considering that this is a TOD site, the rezone to a
dense mixed-use GC-MU zoning allows the development of a true TOD project.
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.
No, it will not unduly burden the transportation system because the transportation
system is being upgraded to a new Light Rail station and larger park-n-ride
facility, all by Sound Transit. Which creates the prime opportunity for a vibrant,
TOD, mixed-use project adjacent that can serve both commuters and residents as
well.
4. Circumstances have changed substantially since the establishment of the current
zoning district to warrant the proposed rezone. Yes, the adjacent park-n-ride has been
selected as the location of the new ST Light Rail station.
5. The proposed rezone will not adversely affect the health, safety and general welfare of
the citizens of the City of Kent. No, it will not adversely affect the issues above. The
rezone is consistent with the Comprehensive Plan and will only add to the area
vitality to the neighborhood and to the City's vision of a more active urban
environment, adjacent to a new Light Rail station.
8.G.e
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Item C - Responses addressing KCC f S.09.0S0 (E)
1. The proposed rezone is contiguous to an existing mixed-use overlay area or is at least
one acre in size. Both conditions are true, the site is already a MU overlay area and
is 2 acres in size.
2. The proposed area is located within close proximity to existing residential uses and
existing commercial uses which would support residential use. Yes, residential uses
exist to the east, south and north. Gommercial uses existing to the east and west
along 272nd within about '/¿to ^/z mile away. Allowing a commercial component at
this site is consistent with TOD planning, due to the future light rail station by
Sound Transit.
3. The proposed area is located in close proximity to transit stops, parks and community
facilities. Yes, the future Light Rail station and park-n-ride are both direcly across
the street. Glenn Nelson park is nearby as well as the waterfront due west.
Regards,
lmad Bahbah, Principal
IHB Architects
8.G.e
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DATE: September 1, 2020
TO: Kent City Council
SUBJECT: Appointments of Non-Law Enforcement Representatives to
the Valley Independent Investigation Team - Confirm
MOTION: Confirm appointment of Pastor Lawrence Boles and Mr. Todd
Minor as non-law enforcement community representatives on the Valley
Independent Investigations Team for a three-year term that will expire on
September 8, 2023.
SUMMARY: Many years ago, the City of Kent, along with other South King County
agencies, formed the Valley Investigations Team. This team, now called the Valley
Independent Investigations Team (VIIT), was formed to establish a mechanism
whereby South King County agencies would not investigate their own officers’ uses
of deadly force.
In 2019, the state of Washington enacted RCW 10.114. This statute requires that
whenever the use of deadly force by a peace officer results in death, substantial
bodily harm, or great bodily harm, an independent investigation must be completed
to inform any determination of whether the use of deadly force met the good faith
standard established in Washington law. The statute also tasked Washington’s
Criminal Justice Training Commission (CJTC) to establish criteria for independent
investigations.
Earlier this year, the CJTC issued that criteria which is contained in Chapter 139-12
of the Washington Administrative Code. Chapter 139-12 WAC now requires
agencies to establish independent investigation teams much like VIIT. One
requirement of Chapter 139-12 WAC is that each independent investigation team
retain at least two non-law enforcement community representatives to join the
team and independently observe investigations involving a use of deadly force by a
peace officer that results in death, substantial bodily harm, or great bodily harm.
The role of the non-law enforcement community representative is to vet the
qualifications and background of the investigators, ensure that investigators do not
have a conflict of interest to conduct investigations, be present during investigative
briefings, preview all media releases and have access to the investigative file. In
essence this person is tasked with ensuring that the community has participation in
the independent investigative process, ensuring accountability to public.
8.H
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While Kent is proposing the Council approve two non-law enforcement community
representatives to work with VIIT, other VIIT agencies are also selecting non-law
enforcement community representatives. It is anticipated that VIIT will have well
more than two non-law enforcement community representatives from around the
South King County area available to work with VIIT.
On July 15, 2020, the City reached out the Kent Diversity Task Force requesting
applications for members to serve as a VIIT non-law enforcement community
representative. The City received applications from Pastor Lawrence Boles and Mr.
Todd Minor.
Pastor Lawrence Boles and Mr. Todd Minor are extensively involved in the Kent
community, serve on the City’s Diversity Task Force, and have expressed an
interest in serving as non-law enforcement community representatives. Their
backgrounds and qualifications will be discussed at the meeting of the Council. If
confirmed, Pastor Boles and Mr. Minor will serve a term of three years.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
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