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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, 4.A.3 Packet Pg. 4 Co m m u n i c a t i o n : P r o c l a m a t i o n f o r C h i l d h o o d C a n c e r A w a r e n e s s M o n t h ( P u b l i c R e c o g n i t i o n ) 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 4.A.4 Packet Pg. 5 Co m m u n i c a t i o n : P r o c l a m a t i o n f o r N a t i o n a l R e c o v e r y M o n t h ( P u b l i c R e c o g n i t i o n ) 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 4.A.5 Packet Pg. 6 Co m m u n i c a t i o n : P r o c l a m a t i o n f o r C o n s t i t u t i o n W e e k ( P u b l i c R e c o g n i t i o n ) 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 4.A.6 Packet Pg. 7 Co m m u n i c a t i o n : P r o c l a m a t i o n f o r K e n t Y o u t h a n d F a m i l y S e r v i c e s ' 5 0 t h A n n i v e r s a r y ( P u b l i c R e c o g n i t i o n ) Page 1 of 7 • 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 Packet Pg. 8 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) Page 2 of 7 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 5.B Packet Pg. 9 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) Page 3 of 7 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 5.B Packet Pg. 10 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) Page 4 of 7 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 5.B Packet Pg. 11 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) Page 5 of 7 • 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 5.B Packet Pg. 12 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) Page 6 of 7 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 5.B Packet Pg. 13 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) Page 7 of 7 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. # # # 5.B Packet Pg. 14 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m C o u n c i l a n d S t a f f ) 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 8.A.1 Packet Pg. 15 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 1 8 , 2 0 2 0 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) City Council Workshop Workshop Regular Meeting Minutes 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 8.A.1 Packet Pg. 16 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 1 8 , 2 0 2 0 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) City Council Workshop Workshop Regular Meeting Minutes 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 8.A.1 Packet Pg. 17 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 1 8 , 2 0 2 0 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) 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 8.A.2 Packet Pg. 18 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 1 8 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes 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 8.A.2 Packet Pg. 19 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 1 8 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes 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. 8.A.2 Packet Pg. 20 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 1 8 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes August 18, 2020 Kent, Washington Page 4 of 7 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 8.A.2 Packet Pg. 21 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 1 8 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) 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 Packet Pg. 22 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 1 8 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) 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 Packet Pg. 23 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 1 8 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) 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 Packet Pg. 24 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 1 8 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) 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 Packet Pg. 25 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 2 5 , 2 0 2 0 4 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) 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 Packet Pg. 26 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 2 5 , 2 0 2 0 4 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) 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 Packet Pg. 27 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A u g 2 5 , 2 0 2 0 4 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) 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 Packet Pg. 28 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 Packet Pg. 29 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 Packet Pg. 30 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 Packet Pg. 31 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 Packet Pg. 32 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 Packet Pg. 33 At t a c h m e n t : M i l w a u k e e I I L e v e e E x h i b i t ( 2 3 9 3 : K i n g C o u n t y F l o o d C o n t r o l D i s t r i c t M i l w a u k e e 2 L e v e e I n t e r l o c a l A g r e e m e n t A m e n d m e n t - 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 Packet Pg. 34 At t a c h m e n t : M i l w a u k e e I I L e v e e E x h i b i t ( 2 3 9 3 : K i n g C o u n t y F l o o d C o n t r o l D i s t r i c t M i l w a u k e e 2 L e v e e I n t e r l o c a l A g r e e m e n t A m e n d m e n t - 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 Packet Pg. 35 At t a c h m e n t : M i l w a u k e e I I L e v e e E x h i b i t ( 2 3 9 3 : K i n g C o u n t y F l o o d C o n t r o l D i s t r i c t M i l w a u k e e 2 L e v e e I n t e r l o c a l A g r e e m e n t A m e n d m e n t - 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; 8.D.a Packet Pg. 36 At t a c h m e n t : M i l w a u k e e I I L e v e e E x h i b i t ( 2 3 9 3 : K i n g C o u n t y F l o o d C o n t r o l D i s t r i c t M i l w a u k e e 2 L e v e e I n t e r l o c a l A g r e e m e n t A m e n d m e n t - 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; 8.D.a Packet Pg. 37 At t a c h m e n t : M i l w a u k e e I I L e v e e E x h i b i t ( 2 3 9 3 : K i n g C o u n t y F l o o d C o n t r o l D i s t r i c t M i l w a u k e e 2 L e v e e I n t e r l o c a l A g r e e m e n t A m e n d m e n t - 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) 8.E Packet Pg. 38 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 Packet Pg. 39 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 22 23 25 26 27 28 29 37 8.E.a Packet Pg. 40 At t a c h m e n t : W R I A 8 E x h i b i t ( 2 3 9 4 : A m e n d m e n t t o t h e I n t e r l o c a l A g r e e m e n t w i t h t h e W a t e r R e s o u r c e I n v e n t o r y A r e a ( W R I A ) 8 - A u t h o r i z e ) City of Kent By: ____________________________ Title: _________________________ Date: __________________________ 8.E.a Packet Pg. 41 At t a c h m e n t : W R I A 8 E x h i b i t ( 2 3 9 4 : A m e n d m e n t t o t h e I n t e r l o c a l A g r e e m e n t w i t h t h e W a t e r R e s o u r c e I n v e n t o r y A r e a ( W R I A ) 8 - A u t h o r i z e ) 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. 8.F Packet Pg. 42 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 Packet Pg. 43 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 8.F.a Packet Pg. 44 At t a c h m e n t : S e c o n d A m e n d m e n t t o C o v i n g t o n I L A ( 2 3 9 5 : A m e n d m e n t t o t h e I n t e r l o c a l A g r e e m e n t w i t h t h e C i t y o f C o v i n g t o n - A u t h o r i z e ) 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. 8.G Packet Pg. 45 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 Packet Pg. 46 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 8.G.a Packet Pg. 47 At t a c h m e n t : S t a r L a k e R e z o n e O r d i n a n c e ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) 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. 8.G.a Packet Pg. 48 At t a c h m e n t : S t a r L a k e R e z o n e O r d i n a n c e ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) 3 Star Lake Rezone 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 8.G.a Packet Pg. 49 At t a c h m e n t : S t a r L a k e R e z o n e O r d i n a n c e ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) 8.G.a Packet Pg. 50 At t a c h m e n t : S t a r L a k e R e z o n e O r d i n a n c e Exhibit B Star Lake Rezone Property Legal Description SECOMA HI-WAY TRS LESS POR FOR RD, PLAT LOT: 43 8.G.a Packet Pg. 51 At t a c h m e n t : S t a r L a k e R e z o n e O r d i n a n c e ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) 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 8.G.b Packet Pg. 52 At t a c h m e n t : K e n t - S t a r L a k e R e z o n e D e c i s i o n ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) 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. 8.G.b Packet Pg. 53 At t a c h m e n t : K e n t - S t a r L a k e R e z o n e D e c i s i o n ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) 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 8.G.b Packet Pg. 54 At t a c h m e n t : K e n t - S t a r L a k e R e z o n e D e c i s i o n ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) 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. 8.G.b Packet Pg. 55 At t a c h m e n t : K e n t - S t a r L a k e R e z o n e D e c i s i o n ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) 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: 8.G.b Packet Pg. 56 At t a c h m e n t : K e n t - S t a r L a k e R e z o n e D e c i s i o n ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) 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 8.G.b Packet Pg. 57 At t a c h m e n t : K e n t - S t a r L a k e R e z o n e D e c i s i o n ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) 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. 8.G.b Packet Pg. 58 At t a c h m e n t : K e n t - S t a r L a k e R e z o n e D e c i s i o n ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) 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” 8.G.b Packet Pg. 59 At t a c h m e n t : K e n t - S t a r L a k e R e z o n e D e c i s i o n ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) 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 8.G.b Packet Pg. 60 At t a c h m e n t : K e n t - S t a r L a k e R e z o n e D e c i s i o n ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) 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 8.G.b Packet Pg. 61 At t a c h m e n t : K e n t - S t a r L a k e R e z o n e D e c i s i o n ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) 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 8.G.c Packet Pg. 62 At t a c h m e n t : S t a r L a k e R e z o n e S t a f f R e p o r t ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) 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 8.G.c Packet Pg. 63 At t a c h m e n t : S t a r L a k e R e z o n e S t a f f R e p o r t ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) Staff Report Star Lake Rezone RZ-2019-2, KIVA #RPP4-2195112 Page 3 of 9 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 8.G.c Packet Pg. 64 At t a c h m e n t : S t a r L a k e R e z o n e S t a f f R e p o r t ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) Staff Report Star Lake Rezone RZ-2019-2, KIVA #RPP4-2195112 Page 4 of 9 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 8.G.c Packet Pg. 65 At t a c h m e n t : S t a r L a k e R e z o n e S t a f f R e p o r t ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) Staff Report Star Lake Rezone RZ-2019-2, KIVA #RPP4-2195112 Page 5 of 9 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 8.G.c Packet Pg. 66 At t a c h m e n t : S t a r L a k e R e z o n e S t a f f R e p o r t ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) Staff Report Star Lake Rezone RZ-2019-2, KIVA #RPP4-2195112 Page 6 of 9 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 8.G.c Packet Pg. 67 At t a c h m e n t : S t a r L a k e R e z o n e S t a f f R e p o r t ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) Staff Report Star Lake Rezone RZ-2019-2, KIVA #RPP4-2195112 Page 7 of 9 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 8.G.c Packet Pg. 68 At t a c h m e n t : S t a r L a k e R e z o n e S t a f f R e p o r t ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) Staff Report Star Lake Rezone RZ-2019-2, KIVA #RPP4-2195112 Page 8 of 9 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 8.G.c Packet Pg. 69 At t a c h m e n t : S t a r L a k e R e z o n e S t a f f R e p o r t ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) Staff Report Star Lake Rezone RZ-2019-2, KIVA #RPP4-2195112 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 8.G.c Packet Pg. 70 At t a c h m e n t : S t a r L a k e R e z o n e S t a f f R e p o r t ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) ) 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 I l:,",rt Psd4046 12-14 p. I of 1lGH1-2 fl city-tnitiated 8.G.d Packet Pg. 71 At t a c h m e n t : S t a r L a k e R e z o n e A p p l i c a t i o n ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) *ì 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 8.G.d Packet Pg. 72 At t a c h m e n t : S t a r L a k e R e z o n e A p p l i c a t i o n ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) $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 Packet Pg. 73 At t a c h m e n t : S t a r L a k e R e z o n e A p p l i c a t i o n N a r r a t i v e ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) .t. '^l 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 Packet Pg. 74 At t a c h m e n t : S t a r L a k e R e z o n e A p p l i c a t i o n N a r r a t i v e ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) /a ?' % OK ,/"'uo -\:\._\\ PROVTÐEu POIENTIAL SOUND TRANSIT DETENTION POND 81,020 c.F. 44,17ã i D_B EE 5Ë -i=--_ - -¡¡? -= I I I I I I I -'\. ' -''\ --',-\ -..\\\' STARLAKE P & R l1 lll ri ii¡+ ri Lr.lii*' - - s A /\//il ll ii lt t--.\'F--- PROPERTY LINE = 6f18.87 -\ --q 36'- I lr2'\\35d: lr tÆtÞft+fde 200,;,_.= : -_ _: -26T$ ? reøWS - ---+ -irtrl 100 \ g¡g \ w ø I r48 ú2 340 hAß"M @ôJuffw TI{E VILLAGE OF NËUIPORT APARTITIIENÎS þ =UnWë-W ffiffi @ I U,-ãKFatFe¡ut WY/affi;lÞ--þ e UTùL,lStr/ B@;")A, @w PROPCSED SITE PLAN IL1 ðB (253) 468-7696 www.lhbarchit€cts.com 21620 84th Ave. S. St€. 200 Kent, WA 98032 UNE = 609.28 -\ f -l-=_-\=:'------ l- \ .- - l.-^ s q 1 fo' 353.75 @ C! (f)o@o, ={i (l) \¿ C"oz.ñt ıt CN (o C!t.r) C\¡ l.r¡ F-() tu -o ,ñw { { ffi g:trp .i T 1 @ o ¿ æ 3&l 29'-0'. ææÊ \affiJs Éw=e job Nn: d¡rc 6-4-19 IHB PA-2 ÆuTtah$ PIPø & ^Vtuo4r"T- W)t9 &pW 1"-A(1'n GROT-,IND FLOOR PLAN 17,- O' 8.G.f Packet Pg. 75 At t a c h m e n t : S t a r L a k e R e z o n e S i t e P l a n ( 2 3 9 7 : S t a r L a k e R e z o n e O r d i n a n c e - A d o p t ) 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 Packet Pg. 76 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. 8.H Packet Pg. 77