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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 4/2/2019 Approved Kent City Council City Council Regular Meeting Minutes April 2, 2019 Date: April 2, 2019 Time: 7:00 p.m. Place: Chambers 1. CALL TO ORDER / FLAG SALUTE 2. ROLL CALL Attendee Name Title Status Arrived Toni Troutner Councilmember Present Marli Larimer Councilmember Present Bill Boyce Council President Present Dana Ralph Mayor Present Satwinder Kaur Councilmember Present Dennis Higgins Councilmember Present Les Thomas Councilmember Present Brenda Fincher Councilmember Present 3. AGENDA APPROVAL Chief Administrative Officer, Derek Matheson added agenda item 9A Other Business - Trucking-Intensive Land Uses Interim Zoning Ordinance A. Approve the Agenda as Amended RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher 4. PUBLIC COMMUNICATIONS Mayor Ralph provided an opportunity for the Kentwood High School students attending tonight’s council meeting to speak regarding their civics engagement class. A. Public Recognition 1. Proclamation for Sexual Assault Awareness Month Mayor Ralph presented the Sexual Assault Awareness Month proclamation to Lorna Holland, King County Sexual Assault Resource Bureau member. Holland expressed her appreciation of the proclamation and provided information on the work of the Bureau. 2. Employee of the Month Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 2 of 14 Mayor Ralph recognized Kent Police Department Patrol Officer, Tessa Melville as the City's Employee of the Month of April. B. Community Events Council President Boyce provided details regarding past and upcoming events at the accesso ShoWare Center and encouraged the public to visit accessoshoware.com for ticketing information. Councilmember Fincher advised of upcoming Spotlight Series performances, the recent Grand Opening of the Kent Library in the Panther Lake Shopping Center, and the King County Repair Time that will be held on April 9, 2019 from 3-6 p.m. at the Kent Library located at 212 2nd Avenue North in downtown Kent. C. Economic and Community Development Report Chief Economic Development Officer, Bill Ellis provided an update on economic and community development throughout the City of Kent. Ellis advised that the recent zoning code amendment provides for Downtown Commercial Enterprise Zoning - Light Manufacturing businesses and provided examples of low impact processes that could come to Kent's downtown area. Ellis indicated that the City has posted a Call for Offers until April 26, 2019 for the Naden Avenue site and that the listing is available online with CBRE. Ellis provided details regarding the Aerospace Joint Apprenticeship Committee's Washington State Youth Apprenticeship signing day ceremony will be held at the accesso ShoWare Center on April 17. The Lodging Tax Advisory Committee is sponsoring the Drones and Droids conference presented by AUVSI Cascade Chapter on April 3-4, 2019 at the Center Point Conference Center. This conference will expose aerospace and manufacturing in the Kent Valley to those businesses in this emerging technology. Ellis, along with members of the South King County Chambers of Commerce, recently attended a presentation on the Automated, Connected, Electric, and Shared (ACES) Northwest Network. There were presentations on the truck driver shortage and the trucking concentration that exists in the Kent valley. Ellis provided examples of automated technologies coming to the wholesaling and distribution industries. Ellis indicated the City is planning for uncertainty in the area of warehouse robots. The wider Kent Valley has half the state's warehousing and storage jobs in the state. Ellis indicated the City is developing a local response to Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 3 of 14 macro-trends. Ellis advised that, when thinking about economic development strategies, the City needs to craft open ways to keep the City open-ended, preserve assets, and be aware of opportunity costs if we invest too heavily in one business model. The Rally the Valley process will examine these issues in more detail and talk to experts in the field so we can be best educated regarding trends and options. 5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF Mayor Ralph attended the recent Grand Opening of Kent Library in the Panther Lake area and encouraged everyone to visit the library. Mayor Ralph advised that she recently attended the Mainstreet Conference with Chief Administrative Officer, Derek Matheson. Mayor Ralph indicated that the Kent Downtown Partnership is part of the organization. The Kent Downtown Partnership strives to reinvigorate downtown Kent while engaging the public. Mayor Ralph and Economic Development Project Manager, Michelle Wilmot, attended an event at the Museum of Flight celebrating the 50th Anniversary of the Apollo 11 mission. There is a new display regarding the Apollo 11 mission and Kent is prominently featured. Mayor Ralph made a trip to Olympia on April 1, 2019, to testify before the Senate Ways and Means Committee about the Senate budget. Mayor Ralph requested the Streamlined Sales Tax should continue and without the support of the state, the City can't afford to continue provide for warehousing and distribution centers that are important to the valley. Council President Boyce provided a recap of tonight's two workshop topics regarding Public Records Requests and state reporting in addition to an update on the Youth Initiative. Councilmember Fincher attended the Mainstreet conference and congratulated Barbara Smith on her leadership award. Fincher advised that the Earth Day event will be held on April 20, 2019, at 9 am at Clark Lake Park. Visit Kentparks.com to register. Fincher indicated the 50+ Parks program guide is available and detailed upcoming events. Fincher advised that the Operations Committee recommended adoption of the CDBG 2019 Annual Action Plan. Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 4 of 14 Councilmember Thomas chairs the Operations Committee and indicated details can be found in the minutes. Councilmember Thomas serves on the Puget Sound Regional Fire Authority Governance Board that will meet on April 10, 2019, at 5:30 p.m. at station 78 in Covington. Councilmember Troutner chairs the Public Safety Committee that will meet on April 9th at 4 p.m. Troutner provided details regarding the upcoming Kent Police Department community meeting on the topic of Body Worn Cameras, on April 18, 2019 at 7 p.m. at the Police/Fire Training Center, 24523 116th Avenue SE, Kent. Troutner serves on the Sound Cities Association Regional Law, Safety and Justice Committee that met on March 28th. The Committee heard a presentation in inquests and how investigations will be done for officer- involved shootings. The Committee is working on draft rules on Initiative 940 and the last day to submit comments is May 23, 2019. Troutner provided details regarding her testimony before the Senate Transportation Committee regarding funding a pilot program to reduce illegal street racing. Councilmember Higgins serves on the Sound Cities Association Regional Transit Committee that met on March 20th. The Committee discussed the mobility framework ordinance that is being developed. This would redefine the mission of Metro Transit. They want to have people think of Metro as a mobility agency. Higgins provided a recap of his testimony regarding tolling capacity on the highway 509 project and the City's desire to keep the project moving forward in an expeditious matter and the Legislature needs to enact tolling authority. Higgins serves on the Public Works Committee and advised details can be found in the minutes. Councilmember Kaur serves on the Sound Cities Association Growth Management Planning Council that met on March 27th and discussed the formation of an affordable housing committee. King County Councilmember, Claudia Balducci is the chair of the task force that recommended creating this committee. This body will work in an advisory capacity for King County recommending actions and accessing progress towards the implementation of the Regional Affordable Action and the 5-year plan. The $1.3 million budget was allocated by King County for staffing and committee purposes for 3 years. Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 5 of 14 Kaur indicated the Planning Council discussed the Vision 2050. City staff will be submitting a comment letter. The public can participate in the online survey at psrc.org/vision/seis. Kaur serves on the Sound Cities Association Domestic Violence Initiative Regional Task Force that will meet on May 2, 2019. Councilmember Larimer serves on the Sound Cities Association Advisory Council on Aging and Disability Services that will meet on April 12, 2019. Larimer reminded residents that if they are looking for services for an older adult, adults with disabilities, or if they are a care provider, resources are available at AgingKingCounty.org. CAO Report Chief Administrative Officer, Derek Matheson advised there is an executive session tonight regarding litigation that is expected to last 25 minutes with no action anticipated afterwards. Matheson's written report is in today's agenda packet. Matheson provided a brief overview of what an executive session is. 6. PUBLIC HEARING A. Public Hearing for the Adoption of a New Chapter Under Title 6 of the Kent City Code, Establishing Utility Design Standards in the Right-of-Way Mayor Ralph provided a brief overview of the public hearing process. Mayor Ralph Opened the public hearing. Assistant City Attorney, Christina Schuck gave the staff presentation for the Utility Design Standards in the Right-of-Way public hearing. Schuck indicated the City can embrace the technology and its anticipated benefits, while protecting the City's investments in the City's streets and right-of-way making them cohesive and attractive. Compliance with FCC Order Aesthetic requirements allowed if they are: *Reasonable *No more burdensome than those applied to other types of infrastructure deployments. *Objective *Published in advance - by April 14, 2019 Schuck detailed the methods the notice of the public hearing was provided to the public. Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 6 of 14 Schuck reviewed: *Chapter 6.16 - Utility Standards in the Right-of-Way and indicated it is robust, yet flexible *Section 6.16.040 - General Requirements that included clutter control *Section 6.16.050 - Small Cells on Utility Poles that included location, height, and clutter. *Section 6.16.060 - Small Cells on City-Owned Infrastructure that included height/width and flexibility for 5% or other new technology. Schuck provided examples of a combination pole with canister or shrouded antenna, combination pole with equipment shroud, and combination pole with canister or shrouded antenna and equipment shroud. Councilmember Higgins advised of the extensive discussions held during past Public Works Committee meetings. Schuck advised that by April 14, 2019, the City needs to comply with FCC Order to publish design standards. This is the last council meeting before the deadline. The SEPA registry identifies many cities going through this same process. The Cities of Bellevue and Federal Way have already adopted ordinances similar to this proposed ordinance. Schuck indicated there is flexibility in the ordinance and the Public Works Director has discretion to override the ordinance. PUBLIC TESTIMONY Greg Busch, an Issaquah resident and representative of the Wireless Policy Group, spoke on behalf of AT&T. Busch indicated he has not had a chance to review the ordinance in-depth because he was made aware of this today. Busch submitted a comment letter today. AT&T's comments relate to the consistency with FCC Order and Technical Feasibility of the proposed designs. Section 6.16.160(C) - the three designs proposed do not allow for unshrouded antennas. AT&T recommends taking additional time to review those designs and consider in light of 5G. Busch recommended changing section 6.16.050(C)(3) from matching color of existing pole, to matching color of the utility pole as closely as technically feasible. Busch provided comments on sections 6.16.060(5) limiting equipment volumes below the 28 cubic feet allowed under the FCC Order and 6.16.040(M) prohibiting side arm mounts. Devendra Maharaj, from Verizon Wireless indicated Verizon has been working with the City on a franchise agreement for franchise facilities in the right-of- way. Maharaj indicated he heard about this ordinance and hearing today and Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 7 of 14 Verizon has had insufficient time to review the draft ordinance. Maharaj requested a continuance of this hearing to provide Verizon with an opportunity to provide a thorough review. Maharaj expressed concerns with the ordinance. 5G is sensitive and cannot be covered, shrouded or painted. The draft ordinance volumetric standards are inconsistent with the Order and also prohibits side arm mounts. Verizon would like to work with staff on a final revision to the code that will preserve the look and the feel of the community. Linda Atkins, representing T-Mobile and attorney with Davis Wright Tremaine indicated T-Mobile shares the concerns of the other carriers speaking tonight. Although the City indicated these design standards are out of the franchises the city has been negotiating with the carriers, T-Mobile has not had the opportunity to work with the staff on the issues discussed tonight. Atkins indicated the ordinance is out of sync with the FCC Order. Section 6.16.040(M) prohibits strand mounts. The purpose of FCC Order is to adopt aesthetic standards, but the technology is up to the provider. Atkins expressed concerns over section 6.15.050(5). Schuck provided follow up comments regarding the common concerns over strand mounts. The City has not considered strand mounts, but can integrate in an update or the City's standards. The City is willing to take a look at side arm mounts. The City understands that technology is changing, and the City is not opposed to adapting. Council President Boyce indicated that the City has been discussing this issue for quite some time and that this ordinance can be adopted and amended in the future. Schuck indicated there are zero applications for small cell permits in the City. There is one adopted franchise and the City is not currently negotiating franchises with other carriers. The City can improve the code as technology is deployed. The FCC Order requires the City to process applications within 60 days of receipt. Schuck responded to council member's questions regarding equipment specifications in the ordinance. Mayor Ralph asked the City Clerk when tonight's agenda packet was published and made available to the public. City Clerk, Kim Komoto advised the packet was distributed Thursday, March 28, 2019 at 2:35 p.m. Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 8 of 14 Council President Boyce MOVED to close the public hearing, seconded by Councilmember Higgins. The motion passed unanimously with a vote of 7-0. Boyce MOVED to make the letter submitted to the Mayor and Council members during the meeting and via email on April 2, 2019, at 2:26 p.m. from Gregory Busch from Wireless Policy Group, LLC, on behalf of AT&T. Higgins seconded the motion. The motion passed unanimously with a vote of 7-0. The City Clerk received guidance from the City Attorney to accept and make a part of the record, the letter submitted during the meeting and vie email to Mayor Ralph and the City Council members on April 2, 2019 at 11:52 a.m., by Kim Allen, Senior Vice President, Land Use Entitlements and Strategic Planning for the Wireless Policy Group, LLC, on behalf of Verizon Wireless. MOTION: Adopt Ordinance No. 4318, creating a new Chapter 6.16 of the Kent City Code, establishing utility design standards and aesthetic requirements for infrastructure located within in the right-of-way. RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Dennis Higgins, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher 7. PUBLIC COMMENT None 8. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher A. Approval of Minutes 1. Council Workshop - Workshop Regular Meeting - Mar 19, 2019 5:00 PM 2. City Council Meeting - City Council Regular Meeting - Mar 19, 2019 7:00 PM B. Payment of Bills - Approve Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 9 of 14 MOTION: Approve the payment of bills received through 2/15/19 and paid on 2/15/19, bills received through 2/28/19 and paid on 2/28/19, and approve the checks issued for payroll 2/1/19-2/15/19 and paid on 2/20/19, and checks issued for payroll 2/16/19-2/28/19 and paid on 3/5/19, and audited by the Operations Committee on 3/19/19. C. Accept the Green River Shoreline Soil Preparation Project as Complete - Authorize MOTION: Authorize the Mayor to accept the Green River Shoreline Soil Preparation Project as complete and release retainage to Olson Brothers Excavating, Inc, upon receipt of standard releases from the state and the release of any liens. D. Rimini Street Contract Amendment - Authorize MOTION: Authorize the Mayor to approve contract amendments up to $200,000 with Rimini Street, Inc, to provide additional services on an as-needed, on-call basis, under the terms of the parties’ existing Master Services Agreement, for a revised total contract amount of $717,655, which revised amount shall apply to future contract amendment authority, subject to final terms acceptable to the Information Technology Director and the City Attorney. E. Ordinance Creating Chapter 2.62 of the Kent City Code - Kent Bicycle Advisory Board - Adopt MOTION: Adopt Ordinance No. 4319, creating Chapter 2.62, codifying the provisions of Resolution 1298 establishing the Kent Bicycle Advisory Board and adding new language related to member terms. F. Lease Agreement with Sprint Spectrum L.P, for a Wireless Communication Facility at the Blue Boy Tank Site - Authorize MOTION: Authorize the Mayor to enter into a Lease Agreement with Sprint Spectrum L.P, to operate and maintain a wireless communication facility at the Blue Boy Tank site, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. G. Amendment to Interlocal Agreement with the King County Flood Control District Regarding Property Acquisitions for the Lower Russell Levee Project - Authorize Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 10 of 14 MOTION: Authorize the Mayor to sign an amendment to the Interlocal Agreement between the City of Kent and the King County Flood Control District regarding property acquisitions for the Lower Russell Levee project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. Amendment "R" to King County Conservation Futures Interlocal Agreement - Authorize MOTION: Authorize the Mayor to sign Amendment “R” to the City’s Interlocal Agreement with King County for open space acquisition projects to allow administrative amendments when funds are awarded without the need for formal amendment by the legislative bodies of King County and the City of Kent, subject to final terms and conditions acceptable to the Parks Director and City Attorney. I. Amendment "S" to King County Conservation Futures Interlocal Agreement - Authorize MOTION: Authorize the Mayor to sign Amendment “S” to the 1991 Conversation Futures Interlocal Agreement with King County, which allocates additional grant funds in the amount of $1,479,000. to Kent for property acquisition projects, and authorize the Mayor to sign all documents that may be required to impose use restrictions on the properties consistent with grant conditions, subject to final terms and conditions acceptable to the Parks Director and City Attorney. J. Goods and Services Agreement with Northwest Playground Systems for Purchase of Lunar Rover Replica - Authorize MOTION: Authorize the Mayor to sign a Goods and Services Agreement with Northwest Playground Equipment in the amount of $123,615 for an interactive replica of the Lunar Rover, subject to final terms and conditions acceptable to the Parks Director and City Attorney. K. 2019 City Art Plan and Five-Year City Art Plan 2019-2023 - Adopt MOTION: Adopt the 2019 City Art Plan and Five-Year Plan. 9. OTHER BUSINESS A. Trucking-Intensive Land Uses - Interim Zoning City Attorney, Arthur "Pat" Fitzpatrick advised that Hayley Bonsteel will be doing a presentation regarding the Interim Zoning Ordinance relating to Trucking-Intensive Uses in the Kent Valley. This interim ordinance is for up to 12 months and has the following conditions: Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 11 of 14 The council require a work plan to come up with a final ordinance; and A public hearing be held within 60 days. The ordinance meets these requirements and sets a public hearing for the next council meeting. This interim ordinance will remain in effect for up to 12 months unless Council terminates the ordinance or extends with a public hearing or Council takes action to repeal the interim ordinance. Because this is an emergency ordinance, it will become effective immediately in the event the Council approves the ordinance by approval of a majority plus one of the Council. Senior Long-Range Planner, Hayley Bonsteel gave the staff presentation. What we know: *Trucking-intensive land uses such as warehousing and distribution have significant impacts to city infrastructure. One truck = 8,000 cars - impact on pavement - Costs borne by City. *The Kent Industrial Valley is highly desirable for this type of land use - and we’re nearly out of land. What we don’t know: We don't know the best way to regulate trucking-intensive land uses - that’s what Rally the Valley is for. We don't know what the opportunity costs are of continuing “business as usual.” General principles that we know: Diversification is good. Overspecialized buildings types not good - Look at big box retail, Top Foods, GI-Joes site. DETAILS OF PROPOSAL A new footnote on page 19 and 23 of the ordinance - applies to only M1, M1C zoning districts. Considers the number of dock high doors - as proxy for amount of trucking activity. Considers the square footage of the footprint of the building. It's the combination of the size of the facilities and that they are trucking-intensive. This ordinance will be in place for one year. The Rally the Valley will be nearly done by then. Why M1/M1C? The City has assets in M1 and M1C, undeveloped land and office buildings. There is a high opportunity as compared to M2 and M3, which are generally already built out with warehouses. Why this approach (Square Footage and doors)? Trying to cast just the right size net to pause large footprint warehouses Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 12 of 14 without impacting manufacturing. How it applies? Only applies to new construction and expansions. If uses need to be rebuilt, that is grand fathered in. What Rally the Valley is about? Maximizing economic potential of the Kent Industrial Valley. Unlikely to prohibit these types of uses, but need to figure out how to regulate them. Policy changes based on true understanding of the costs of different use types. More nuanced and thoughtful regulation, taking into account different classifications within warehouse and industrial real estate products and their ability to meet different demands. Making it a great place for industrial workers. Until Rally the Valley is complete, we simply cannot allow business as usual to continue in our highest opportunity industrial land that is so in demand right now. These large footprint uses that basically pass boxes through from one truck to another could continue developing at a pace that makes policy work moot. 1. Adopt Ordinance No. 4320, amending title 15 of the Kent City Code to establish interim zoning for trucking-intensive lasnd uses, setting a date for a public hearing, declaring an emergency, and providing for an immediate effective date for the ordinance. Councilmember Higgins spoke in support of the motion and indicated that we are embarking on discussion we need to have about how our City is going to grow in the future. Before streamlined sales tax, the City built the economy around warehouses. The change to state law, greatly altered the fate of the City. The City needs to have open dialogue regarding trucking-intensive uses in our City that don't result in taxable transactions that provide revenue to the City for public services like police and streets. RESULT: ADOPTED [UNANIMOUS] MOVER: Dennis Higgins, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher 10. BIDS A. South 212th Street Bridge Deck Resurface Project Bid - Award Public Works Director, Tim LaPorte provided details regarding the South 212th Street Bridge Deck Resurface work that needs to be done. Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 13 of 14 MOTION: Award the South 212th Street Bridge Deck Resurface Project to C. A. Carey Corporation in the amount of $597,680 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Dennis Higgins, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher B. South 228th Street Union Pacific Railroad Grade Separation Bridge and Roadway Phase 5 Project Bid - Award Public Works Director, Tim LaPorte recommended Council award the South 228th Street Union Pacific Railroad Grade Separation Bridge and Roadway Phase 5 Project bid. MOTION: Award the South 228th Street/Union Pacific Railroad Grade Separation Bridge and Roadway Phase 5 Project to Scarsella Bros., Inc. in the amount of $13,802,146.40, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Dennis Higgins, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher C. 2019 Asphalt Grinding Project Bid - Award Public Works Director, Tim LaPorte recommended awarding the 2019 Asphalt Grinding Project Bid. MOTION: Award the 2019 Asphalt Grinding Project to Puget Paving & Construction, Inc, in the amount of $69,875 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Dennis Higgins, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher D. Green River Natural Resource Area Storm Water Force Main Project Bid - Award Kent City Council City Council Regular Meeting Minutes April 2, 2019 Kent, Washington Page 14 of 14 Public Works Director, Tim LaPorte recommended awarding the Green River Natural Resource Area Storm Water Force Main Project Bid. MOTION: Award the Green River Natural Resource Area Storm Water Force Main Project to Scarsella Brothers, Inc. in the amount of $1,787,833.30 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Dennis Higgins, Councilmember SECONDER: Brenda Fincher, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher E. Railroad Trespass Fencing Bid - Award Public Works Director, Tim LaPorte recommended awarding the Railroad Trespass Fencing Bid. MOTION: Award the Railroad Trespass Fencing Project to Judha of Lion Landscaping and Services LLC, in the amount of $57,101 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Dennis Higgins, Councilmember SECONDER: Toni Troutner, Councilmember AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION At 9:01 p.m., the Council went into Executive Session. At 9:16 the Council reconvened into regular session. A. Current or Potential Litigation, as per RCW 42.30.110(1)(i) 12. ADJOURNMENT Meeting ended at 9:17 p.m. Kimberley A. Komoto City Clerk STATE OF WASHINGTON' COUNTY OF KING l AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Polly Shepherd, being first duly swom on oath that she is the Publisher of the Kent Reporter a weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a weekly newspaper in King County, Washington. The Kent Reporter has been approved as aLegal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Kent Reporter (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a: Public Notice was published on March 2212019. The full amount of the fee charged for said foregoing publication is the sum of Polly Shepherd Publisher, Kent Reporter Sub sworn to me this 22nd day of March, 2019. Gale Gwin, Notary Public for the State of Washington, Residing Covington, Washington G6 sports I OteSeatte@'tmes I rursonv, MARcH Ls, zai.s L City of Kent, City Clerk's Office (G6-1) SEATTLE TIMES FINANCE asafree 1X41g a55 + tNV ugsledlo rdy, with da ttl \,-- ,,- * sqLLrE wrul urt: team, and I chose to play, and I was betting on myself. So when it happened, it just added to myfrustration.I did what I did, and I saw Pete Caroll, and I just was like, You won. You won.'Just a very disappointing day." Indeed, for all Thomas knew, inthat momenthe had lost millionsof dollars because the injury- similar to one he suffered to the same leg in 2016 -poten-tiallycould have muted his attractiveness on the free agent market. And in his interviewwith King,Thomasspoke even more concretely about what his plans were before he got an offerfrom Baltimore that ended up being in line with the top of the safetymarket. Thomas told King he was ready to accept -'\Mithregrets," King writes - a $12 million, one-year guaranteed contract with another $1 million in likely-to-be-earned incentives with the KanSas City Chiefs, who were in the process of releasing Eric Berry, but before they signed Tyrann Mathieu to a three- year, $ 42 million contract. '"The Ravens were never in the picture," Thomas told King. "I was shocked. I was blessed." King reports the dealwith the Ravens came together in two hours and 10 minutes, and as was noted lastweelq it was a prettybasic one, with nothing but a $20 mil- fionbonus and thenbase salaries for the next four seasons. Thomas gets $32 million guaranteed in all, all in the nexttwo years. Thomas'commentfurther confirms why Baltimore was never mentioned as a con- tenderforThomas inthe run-up to free agency. But as King notes, the Thomas saga also showswhy even the players and agents themselves never know for sure what will happen once the free agent negotiating period gets underway, Signing with Baltimore means Thomas and Carroll will cross paths again next season as the Ravens are scheduled to play the Sea- hawks at CenturyLink Field in2o19-dates of games are not yet set but should be officialinApril. Carroll, though, long ago shrugged off any offense at Thomas' actions that night. On his radio showthe next dayonESPN 710 Seattle, Carroll joked he wasn't sure who the fingerwas meant for because "it's a big stadium." Then he said people should "give him (Thomas) a little slack." "People that are criticizing whatever happened don't understand thatthis is an earth-shattering moment for akid," Carroll said, saylng Thomas'larent right to what it's going to take to getback. He had it all just totally fig- ured out and this is as emo- tional as you can get. Give him alittle slack. This is a veryverydifficultmoment that most people would never understand what it's about," ReceiverNelson visits again r 166 yards, mougn ne drd score five touchdowns. The Seahawks could save $2.75 million against *re salary cap if they released Brolrm, money they could use to sign Nelson. And at6feet3,277 pounds, Nelsonwould pro- vide a big target for quarter- back Russell Wilson. Nelson is the second re- ported visit for Seattle since the free agent signing period began last Wednesday. Defensive tackle Caraun Reid, who most recently played for Dallas, was re- ported to have visited Thuri- day by ESPN's Field Yates. Reid has playedin just 18 games the past three sea- sons, 10 lastyearwith Dal- las, and projects as a likely inexpensive option to add some depth in the interior. Reid played 185 snaps for Dallas last seasori and had 10 tackl6s and half a sack. He played atPrinceton and entered the league as a fifttr- round draft droice of Detroit n 2074, He has scored nrro touchdowns in his career, one coming at CenturyLink Field in 2015 when he picked up aWilsonfumble and returned it27 yardsfor a score. Aaron Lynch headingto tolvn Ian Rapoportof the NFL Network reported Monday that Aaron Lynch, a defen- sive enVedge rusher, visited the Raiders earlier in the day and was on his wayto Seat- tle. Lynch entered the NFL as a fifth-round choice of the 49en in 2014 and,had L31/z sacks in his first two seasons, induding 3% in four garnes against the Seahawks in those two years-, two in one game in 2015. But he hadjust 272 sacks in 14 games over the next two seasons, was suspended for four games in 2016 forvio- lating the NFL's substance- abuse policy and also is bat. tling injuries. He signed a one-year, $4 million deal with the Bears last year and played better, withthree sacks in 1.3 games, one of the sacks coming in Chicago's Week Two victory overthe Seahawks, and earning an "above average" grade for the season from Pro Football Focus of73.6, 28th among all edge rushers. Seattle could envision Lynch as a replacement on its rosterfor Dion Jordan, who is a free agent after two sea- sons with Seattle but yet to sign. Bob Condofte: 206-5 7 5-5699 or bcondotta@ seaftletimes. cory on Twitter: @bconilotta As required by RCW 39.80, design con- sultonls inleresled in providing orchilec-turol, engineering ond reloted services to the Bellevue School District durins the colendor yeor 2019 should emoil o digitol copy of the firm's prospectus, includins oSidtement of Quolificotion ond/or SF 330 to locsins@bsd405.ors. Alternotel, firms con moil one copy to Genevieve Locsin, Copitol Proiects, Bellevue School District No. 405, 12037 NE sth Streel, Bellevue, WA 9800s. The scole, duroiion ond number of proi- ects ore uncerloin ond lhe school districl. mqy or moy nol hove o need for oll ser- vices durins the yeor. However, currenlplonning includes lhe need for consultonlslo support smsll, os well os lorgescoleproiects includihg moster plonned, feno- votion ond modernizotion proiecls. Public l{otices The District encouroges Stolements of Quolificotions from minority ond women owned firms. All Submittols must be received by 3:00p.m., Frido, April 5,2019. Bids ore beins solicited by lhe Kenl School Districf, I2033 SE 256th Slreet, Suite 4-200, Kent, WA 98030, for lndependenl Auditor Services. RFP No. KSD2019-01, due Morch 25,2019 a1 4:00 PM PDT. lnterested por- lies ore inviled to conloct lhe KSD Chief Accountobility Officer's office ol the obove oddress, or Q53't.373-7059, for proposol f orms ond detqiled spbcificotions. CALL FOR BIDS NOTICE TO CONTRACTORS CITY OF BURIEN .S l44th Woy Roodwdy lmprovemenls CITY OF AUBURN REOUEST FOR PROPOSALS (RFPI Sewer Lorge Diometer PiDe Assessmenl Proposols Due: April l8,20lt The Cily of Auburn is solicitins Proposols from quolified firms lo provide profession- ol services for o condition ossessment of the Sewer Utility's l8 inches ond lorger di- ometer sewer moins olong wilh odditionol selecled smoller diometer sewer moins. hove occess poinis (monholes) in oreos difficult to occess wilh the Cily's CCTV equipmenl.. Following the CCTV condilion evoluo-lions, prepore inspection reports using the Pipeline Assessment ond CertiticotionProsrom (PACP) slondords ond presento- lion of elecironic doto compotible with the Ciiy's currenl CCTV inspeclion monoge- meni sottwore (Wihcon).. Provide recommendolions for future mointenonce, risk, ond remoining useful li{e for eoch of the inspected moins. Public Notices of Des Pleose send comments by emoil 1o iwoycke@desmoineswo.gov or throughsurvey monkey by tillins oul this com-ment form https://www.surveymonkey. com/r/3BLRPZK. Comments moy be seni by msil to: City of Des Moines c/o Joson Woycke Plsnning & Development Services Division 21630 llth Ave. South, Suite D Des Moines, WA 98198-6398 BELLEVUE PUBLIC SCHOOLS Bellevue, Woshington ARCHITECTURAL AND ENGINEERING CONSULTANT SERVICES Submittols should emphosize o) your ex-pertise in plonning orchileclurol, civil, mechonicol" eleclricol, londscope design, structurol engineerins, hozordous msteri- ols ond/or other reldted dreos ossocioted withrschool focilities; ond b) your post experience in providing school focililies'orchiteciurol, engineering ond consulting services. All submitiols will be coteso- rized ond kepi on file for twelve monlhs.The Bellevue School Disirict will screenprospective firms from doto provided un- der thig onnouncement. The ond is One Persons wiih disobililies moy request this informolion be prepored ond supplied in ollernotive forms by collins 253-931-3010. roce, Note: The opplicanl mdy propose on dl- ternative to standdrd pon and tilt comera inspections. Such proposols dre welcome and will be evoluoted on o cose-by-cose bosis. Dotes 0f publicoiion in the Seottle Doily Journol ot Commerce, Mqrch 19,2019 and Morch 26,2019. Doles of publicotion in the Seoltle Times, Morch lt 2019 ond'Morch26,2019. . . City o, Des Moines dnd Deportmenl ol Ecology Notice ol Comment Period, SEPA Derermingtion, dnd Pubtic Hedring Shoreline Moster Progrom (SMP) Periodic Review s0me CITY OF BURIEN 5I44TH WAY ROADWAY IMPROVEMENTS This Controcl provides for roodwoy ini-provemenis of S t441h Wov between Sl46th Streef ond Des Moines Memoriol Drive includins lemporory erosion con-lrol, temporory trotfic control, cleoringond grubbing, excovolion ond embonk- ment, lighiweishi fill plocemenl, culvert replocemenl ond streom chonnel work,reloining wolls, plqnins ond pulverizins exisling povement, hot mix osphi:lt pov- ing, inslollotion of monumenls/cose snd cover, utilily odiustments, curb/gutier, sidewolk, stormwoler coiveyonce ond siormwoler focililies, illuminotion, signol loop replocemenl, urbqn omeniiies ond londscopins, fencing, ond other work, oll in occordonce with the ottdched Controct Plons, these Conlrocl Provisions, ond the Siondqrd Specificotions, The Engineer's ronse is $2,800,000 to $3,200,000. Eoch bid sholl be in occordonce with iheBid Documenls. Plons, Conlroci Provi- sions, oddendo, periinent supplementory intormofion, ond plon holders list for this proiecl ore ovoiloble on-line ihroughBuilders Exchonge of woshinglon, lnc.ol www.bxwo,com. Click on: "PosiedProiects"; "Public Works", "Cily of Bur- ien" ond "Proiects Bidding." Bidders oreflcouroged to "Regisler qs o Bidder" in order to receive oulomoiic e-moil notilico- tion of fulure oddendo ond to be ploced onthe "Bidders List". Bidders thol do nof resister will nol.be notified of sddendo or olher documents odded. Conlocl Bidders Exchonge of Woshinslon qt (425) 258-1303 should you require further ossistonce, Bid Documents ore olso on file for public in- spection, ol the City of Burien, Office of the Cily Clerk, Burien Cily Holl, 400 Sw l52nd Slreet, Suite 300, Burien, Woshins- ton 98166. Prospective Bidders desirins on explo- nolion or interpretotion of ihe Bid Docu- ments ore directed to Section I 02.4(l) of the 2016 Woshinston Stote Deportmenl of Tronsportolion (WSDOT) Stondord Speci- ficotions (English Edifion). All incuiries musl be submilled in writing ond received by the City's represenlotive o minimum of five business doys prior lo the bid openins dote ot the City of Burien, Ailention: Lori McForlond, Olok lnc., 11241 Willows Rood NE, Suiie 200, Redmond, WA 98052, or qt lori.mcforlond@otok.com The inquiring firm's contocl person ond relurn oddressor emoil must be cleorly idenlifioble 10qllow for written response by ihe City's representoiive. Orol queslions will not be considered durino the biddinq Deriod- A ioinl locol/stoie public heqrins is set for April ll,20l9 oi 7pm during the Cily Coun- cil Meetins in the Des Moines City Council Chombirs, 21630 llth Ave S., Des Moines, WA 98198. The public heorins will cover re- visions io the City's Shoreline Moster Pro-grom ds required under WAC 173-26-090. All interesled porties ore invited lo oltend, or provide commenls in writing. All moteriols reloled to the City's periodic review con be viewed here: http://www. desmoineswo.gov/smp Determindliott ol Non;Signifr cdnce Descripfion of proposolr The City pro- poses to omend its SMP consistent withihe requirements under ihe Shoreline PUBLIC NOTICES Io.place a legal ad call 206/b52-5018 or email us at evoluotion ofof sewer moin ony ex- The City of Kent hos iniiioted o non-proi- ect environmentol review for this proiecL which proposes io odd o new chopler(6.15) 1o Kent Cify Code to estoblish uiility design stondords qnd oeslhetic require- ments for infroslructure locoled wilhin lherighl-of-wo, including smoll cell equip-ment, proprietory ond leosed poles ond the equipment ottqched to lhese poles. Commenis ore due for the obove proiect by 4r30 o.m.. Tuesdov, April 2,2019, fo the City of Kent Plonnins Services. For more informotion, contocl Kenl Plon- ning Services ot 220 Fourth Avenue S., Kent, WA 98032, Telephone: 253-856-5454. Any person requiring o disobility occom- modolion should contocl the Cily for more.informotion. For TDD reloy service, coll l-800-833-6388 or ihe Cily of Kenl ot 253- 856-5725. /s/Erin George, AICA Responsible Officiol Doled: Tuesdoy, Morch 19, 2019 Pursuont to KCC 11.03, Environmen-tol Polic, the City of Kent hos issued o threshold delerminotion for the followins: Determinotion of Nonsisnificonce (DNS) for: UTILITY DESIGN STANDARDS ENV-2019-ll, RPSW-2190939 CITY OF LAKE FOREST PARK ORDINANCE NO. II89 AN ORDINANCE OF THE CITY COUN-CIL OF THE CITY OF LAKE FOREST PARK, WASHINGTON, AMENDING THE GENERAL FUND, TRANSPORTATIONBENEFIT DISTRICT, AND SURFACE WATER UTILITY FUND 2019-2020 BUD. GETS ESTABLISHED BY ORDINANCE.II84, PROVIDING FOR SEV ERABILITYAND ESTABLISHING AN EFFECTIVE DATE ORDINANCE NO. II9O The following ordinonces were odopied by lhe Ciiy Council of the Cily of Loke For-esl Pork, Woshinslon, on the l4th doy of Morch,20l9: Pre-Bid Conference: A mondotory Pre- Bid Conierence will be held qt Totf MiddteSchool,3740 Tolt Ave., Cqrnofion, WA 98014 on Morch 19,2019 dl lr00 pm 1o qn- swer ony queslions ond review the scope of workr Following this meelins, o lour of the site will be siven. Substqntiol Completion Dofe: Augusl 24,201t Finol Completion Dole: Fourteen (14) Dqys ofler Subslontiol Completion This invitotion is comprised of ihis lnvi-lotion to Bid, os well os Generol Terms ond Conditions (Smoll Public works), BidForm, Controct, ond Plons ond/or speci-ficotions which, il on qword is mode, willcollectively conslitute the Controct Docu- CITY OF KENT PUBLIC NOTICE DETERMINATION OF NONSIGNIFICANCE AN ORDINANCE OF THE CITY COUN-CIL OF THE CITY OF LAKE FOREST PARK, WASHINGTON, AMENDING SEC.TION 2.22.070(D) OF THE LAKE FOR- EST PARK MUNICIPAL CODE RELAT-ED TO COMMISSION TERM LIMITS; PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE The full iext of ihe ordinonce will be moiled upon request. Ordinonces ore olsoovoiloble for inspection by the public ol the Office of the City Clerk ot Loke Foresl Pork Ciiy Holl belween 9 o.m. ond 5 p.m., Mondoy throush Fridoy. Evelyn Johed City Clerk Morch lt 2019 CITY OF NEWCASTLE NOTICE OF APPLICATION & OPTIONAL DNS Applicotion Type: Sile Plon RevieWSEPA Applicotion File Number: LUPI9-003/SEPAr9-002 Applicqnt: City of +lsGlle-Cily Official Contocii Sieve Osgulhorpe, Communily Development Director Dole Orisinol Applicotion Filed: Jonuory 25,2019 Dole Compleie Applicdtion Filed; Februory 24,2019 Dote Determined Complete: Morch'1, 2019 Dote of Notice of Applicolion: Morch 19,2019 Commenl Period Ending Dole: April 18, 2019 ot 5:00 PMProiecl Locotion: Loke Boren Pork,'13058 SE 841h woy, Newcostle, WA / Por.cel #6073000010, 3424059073, 3424049119, 3124059157 Proiecl Descriplion: This proiect prcposes creoting pedeslrion circulotion elements ol Loke Boren Pork. This includes 2 view- ins oreos, opproximotely one ocre of hobi.iol enhoncemeni/restorotion, on informo- iion kiosk, opproximolely 300 lineol teet of elevoled boordwolk, ond 300 lineol feel ofpqihwoys on terro firmo, Environmenlol Review: This opplicqtion is beins reviewed under lhe Oplionol DNSprocess. After reviewins the SEPA check- list, the City of Newcostle hos deierminedthot the proiect will hove no significont environmenlol impqcts, provided ihot it complies with oll City odopted slondords.The City onticipqles issuins o DNS on this proposol ot the end of lhe commenlperiod. Comments must be submitted by lhe com- ment period endins dole noted obove lo:Erin Fitzgibbons, Associote Plonner, Cilyof Newcoslle,12835 Newcostle Woy Suite 200, Newcostle, WA 98056J316 or iJl erint@ newcostlewo.gov. The proiecl opplicotion con be reviewed ot City Holl locoied ot lhe oddress lisfed obove or moy be requested by contoclins the City Clerk oI (425r-649- 4444 or sorom@newcosllewo.gov.Permils requesied in this opplicoiion: Site Plon Review, SEPA Consistency with opplicoble City plons ond regulotions: This proposol will be reviewed for consistency wiih lhe Zonins Ordinonce, Crilicol Areos Ordinonce, Pub-lic Works Stondords, ond Comprehensive Pl on. Oiher qssocioled permifs not included inthis opplicotion: Building Permit, Engi- neering Review Permit, HPA lnformotion oboul oppeol processes will be included in the issued SEPA Determi- nolion ond Notice of Decision. CITY OF SAMMAMISH LEGAL NOTICE Notice is hereby given ihoi the City Coun-cil oJ ihe Cily of Sommomish odopted thefollowing ordinonce ol the Morch 14,2019 Speciol Meeting. Copies of this documenl ore ovoiloble ond will be moiled upon re-quesl ot lhe office of the Cily Clerk, 801 228th Avenue SE. durins regulor office hours, S:30 o.m. to 5:00 p.m. Documenl is olso ovoilo-ble in the document center on 15510 lst Ave NE Duvoll, WA 98019 Februdry 6,,019 ' Toll Middle School S hop DemJliTi6fr iEf ildi-r nq Re oo i r &Portoble Plocement Submil Bid Form no lotel thqn April 2, 2019 by 4:00 PM Nole: your bid omounl is lo be sloled exclusive ol opplicoble soles toxes. TO: Ruby Perez Direclor of Business.ond Operotions Vio emdil: perezr@rsd4o7,org Vid deliveryl 15510 Isl Ave NE, Duvoll, WA t80I9. 407 Hutteboll Oremus Public l{otices Public Noti,ces ll: ADVERTISEMENT FOR BIDS BID NO. 19023 DATE OF BID OPENING: Morch 26,2019 TIME: l0:00 om Nolice is hereby Eiven thot the sedled bidswill be received by the CitV of Bellevue, Woshinston, lor: I5OTH AVE SE. SE NEWPORT WAY TO, SE 38TH ST ROADWAY IMPROVEMENTS BID NUMBERT 19023 C.I.P. NUMBER: PW-M-19, PW-Rn98 & PW:R-202 by filins wilh lhe Service First Desk / lstFloot 450 ll0lh Avenue NE, until 10:00 om, lhe l9th doy of Morch ol which time such bids will be opened, publicly reod qnd tobulofed for submission to the City Coun- cil ot o future council meetins. Bids received loler lhon l0:OO om, Mor€h 25,2019, will not be considered. Work contemploted lo be performed un- der this controct is os follows:. Remove Struclures ond Obslructions. Construct Soldier Pile Woll. Construct crovity Block Woll. Construct Cement Concrete Curb ond Gulter. Conslruct Cement Concrete Sidewolk. Construcl Cemenl Concrete DrivewoyApprooch, Cemeni Concrete,rAsphollDrivewoys, ond Decorotive Brick Pover Drivewqy. Storm Droinose lmprovements. Grind ond Overloy of Povemenl. Troffic Sisnol lnslollotion. llluminqtion lnslollofion. Chonnelizotion ond Signing. Property Reslorolion ond Miscelloneous Work BID BOND REOUIRED: Eoch bid sholl be occomponied by o bid bond in the form ot cosh, certified check, coshier's check orsurely bond in on omounl equol lo"ot leost 57o of the omounl of such bid. Checks shollbe mode poyoble 1o the Ciiy Treosurer. Should lhe successful bidder foil io enterinto o conlroci ond furnish o sotisfoctoryperformonce snd poyment bond wilhinthe iime stoled in ihe specificotions, thebid bond sholl be forfeiied lo the City of Pellevue. Public Noticss lnvitolion lo Bid(Smoll Public Works)Riverview School Dislrict No. The City of Bellevue reserves lhe risht 10reiect ony ond oll bids ond to woive irres-uloriiies,ond informolities in the biddingprocess. No bidder moy wifhdrow their bid for o period of sixty (60) doys ofler the dole ond time sel for the openins thereot. AND ossislonce." on owo PLACE A LEGAL NOTICE One hundred percent (100o/o) coniroc-tor's Pertormonce ond Poymeil bondwill be recuired upon nolice of inient tooword, unless on proiects estimoled lo cost $150,000 or less, Conlroctor requesls ond Owner ogrees io ollow use of the ql- lernotive orrongement for withholding oflen percent reloinose until the loler of 30 doys ofier finol occeptonce of the proiect or until receipt of oll necessory releosesfrom lhe Slote Deportments of Revenue, Employmeni Securit, ond Lobor & lndus- tries, os oulhorized by ond subiect to the conditions stoted in RCW 39.08.010(3). Public Works coniroct is required. Therequired Controct Form is ottoched. TheControcl musl be execuled ond returnedto Ruby Perez oi Riverview School Dis,trict No.407 ("Owner") within len (10) doys ofter notificotion of oword. Approvolof fhe controcl by Owner is required be-fore oword is finol, Certificotion of.insurcnce is required upon nolice of intenf lo oword. Bids must be received by Owner no loter lhon April 2,2019 by 4:00 PM. Bidder'is solely responsible for timely delivery ofthe bid. Bids deemed by the Owner to hove been received lote will be returned ond not considered further, Kint Counly Sheriff's Otf,ce www. properlvroom;com, miscelloneous & seized property ments. bidder thon ensure Free-of-chorbe qccess to proiect bid docu-ments (plons, specificolions, oddendo,ond Bidders List) is provided lo Prime Bidders, Subcontroctors, ond Vendors by soins to www,bxwq.com ond clicking on "Posted Proiecls", "Public Works", ond "Riverview School District". This onlineplon room provides Bidders ivith fully us- oble online documents with the obilily 10:downlood, view, prinl, order full/portiolplon sels from numerous reprogrophic sources, ond o free online disitizer/toke- off tool. lt is recommended thot Bidders "Regisler" in order to receive odtomolic e-moil noiificotion oi fulure oddendo ondlo ploce themselves on the "Self-Regis-tered Bidders List". Bidders thol do not resister will nol be outomoticolly notifiedof oddendo ond will need to periodicolly check ihe on-line plon room tor oddendo issued on this proiect. Contoct Builders Exchqnge of Woshington ot (425) 258-1303 should you require ossistonce with occessor resistrotion.. Publicotion Doles; Morch 12, 2019 ondMorch lt 2O'19 sensory, Published: Morch'12, 2019. Doily Journol of Commerce: Morch 12,2019 qnd.Morch 19,2019. The Seoltle Times: Morch 12,2019 ond Morch 19,2019 KING COUNTY SUPERIOR COURT STATE OF WASHINGTON Probote No: I9-4.02085-4 SEA PROBATE NOTICE TO CREDITORS(RCW 11.40.030) ln the Molter of the Eslole of: MARTIN ROY BERNDT, Deceosed. PLEASE TAKE NOTICE The obove Courl hos oppoinled Dovid Ber-ndl os Personol Represenlotive of Dece- dent's estole. Any person hoving o cloim ogoinst lhe. Decedenl must presenl thecloim: (o) Before the time when the cloim would be borred by qny qpplicoble slotute of limitoiions, ond (b) ln lhe monner pro- vided in RCW 11.40.070: (i) By filins the originol of the cloim with fhe foresoingCourt, qnd.(ii) By serving on or moilinslo me ol lhe oddress below o copy of thecloim. The cloim musl be presenled bythe lqlct of: (o) Thirty (30) doys ofter Iserved or moiled this Notice os provided in RCW 11.40.020(l)(c), or (b) Four (4) monihs ofter lhe dole ol first publicolion of lhis Notice, lf the cloim is not preseni- ed wilhin this time period, ihe cloim will be forever borred excepl os provided in RCW 11.40.051 ond 11.40.060. This bor iseffeclive for cloims osoinst both the De- cedenl's probote ond non-probole ossets. Dqte oJ Firsl Publicotion ot this Noiice:Morch 12,2019 Joseph Cunnsne Low Office Personol Represeniolive J. Cunnone Low Office 100 2nd Ave. S., #210Edm^ilcAnother year, another visit Tylann Mathieu to a three- year, $42 million conffact. "The Ravens were never in the picture," Thomas told King. "I was shocked. I was blessed." King reports the dealwith the Ravens came together in two hours and 10 minutes, and as was noted lastweelg it was.a pretty basic one, withnothingbut a $20 mil- lion bonus and then base salaries for the next four seasons. Thomas gets $32 million guaranteed in all, all in the next two years. Thomas'comment further confirms why Baltimore was never mentioned as a con- tender for Thomas in the run-up to free agency. But as King notes, the Thomas saga also shows why even the players and agents themselves never know for sure what will happen once ' the free agent negotiating period gets underway; Signingwith Baltimore means Thomas and Carroll will cross paths again next season as the Ravens are scheduled to playthe Sea- hawks at CenturyLink Field n2079 - dates of games are not yet set but should be officialinApril. Carroll, though, long ago shrugged offanyoffense at Thomas' actions that night. On his radio show the next dayon ESPN 710 Seattle, Carroll joked he wasn't sure who the fingerwas meant for because "it's abig stadium." Then he said people should "give him (Thomas) a little slack." "People that are criticizing whatever happened don't understand that this is an earth-shattering moment for a kid," Carroll said, saying Thomas'trent right to what it's going to take to get back. He had it all just totally fig- ured out and this is as emo- tional as you can get. Give him a little slack. This is a very very difficult moment that most people would never understand what it's about." Receiver Nelson visits again Another year, another visit to the Seahawls byveteran receiver Jordy Nelson, again a free agent, who is set to make a trip to Seattle on Tuesday, accordingto Adam SchefterofESPN. Nelson is a favorite of Seahawks general manager John Schneider, who was with the Packers when Green Baydrafted Nelson in the second round in 2008 out of Kansas State. Afterhe was released by Green Baylast year, Nelson visited the Seahawks before signing with the Raiders, a two-year deal worth up to $15 million. But after acquiring Anto- nio Brown last week, and with Nelson set to have his $3 million base salary for 2019 guaranteed Friday, Oakland released him last Thursdayand he is again free. Nelson will turn 34 on May 31 and is coming offa season *rat pales statistically with the best ofhis years in Green Bay, with 63 catehes for 739 yards and three touchdowns and an average yards per reception of 11.7 compared to his career average of 14.0. The Seahawks almost certainly wouldn't make a huge investment in Nelson, but they might be willing to 'essentially trade Nels:n for The scqle, durotion qnd number of proi- ects ore uncertqin ond the school disfrict.mqy or moy noi hove q need tor qll ser-vices during the yeqr. HoweveL currentplonnins includes lhe need for consultonisto gupport smoll, os well os lorgescoleprojects includins mosier plonned, feno-votion ond modernizqlion proiects. /s/Erin George, AlCe Responsible Officiot Doled: Tuesdoy, Morch 19,2019 ORDINANCE NO. II90 Pre-Bid Conference: A mondolory pr Bid Conterence will be held ot Tott MiddSchool,3740 Tolt Ave., Cornotion, W 98014 on Mqrch 19, 2019 st I r00 pm to oswer ony questions ond review fhe scorof work. Following this meeiins, o tourthe site will be qiven. Subslontiql Complelion Dote:August 24, 2019 Finql Completion Dote: Fourieen 0.Doys qfier Subslontiol Completion with monose- Commenls ore due lor the obove proiecf by 4:3=0,?.m,.,Juesdqv,=April 2.2019, to theL[y ot KenT Ptonntng Servtces. Work contemploled lo be performed un-der this controct is os tollows:. Remove Struclures ond Obsiruclions. Construct Soldier Pile Woll. Construct Grovily Block Woll. Construcl Cement Concrele Curb ondGutter. Consiruct Cemeni Concrete Sidewqlk: Construcf Cement Concrete DrivewoyApproqch, Cement Concrele/AspholtDrivewoys, ond Decorqlive Brick pover Drivewoy. Slorm Droinose lmprovemenls. Grind qnd Overlov of Pdvemenl. Troffic Sisnql lnslollotion. llluminqlion lnstolloiion. Chonnelizotion ond Sisnins. Property Restorolion ond Miscelloneous Work Cqpilol No. 405, 98005- Nole: The opplicant may propose dn dl-ternative to stqnddrd pdn qnd tilt cameroinspeclions, Such proposqls dre welcomeand will be evoluated on o cdse-by-cdse bosis. For more informolion, contoct Kenl Plon-ning Services ot 220 Fourlh Avenue S.,Kent, WA 98032, Telephone: 253-856-5454.Any person requirins o disobility occom- modolion should contocl the City for moreinformotion. For TDD reloy service, cqll l-800-333-6388 or ihe City ot Kent ot 253- 856-5725. future useful Bellevue, Oremr lhe Pro- Submiltolsperiise in The full Request tor Proposols documenfqnd odditionol informolion tor lhe proiecl is qvoiloble on the Cily's website: https:// wwW. o u b u r nwo. q ov/c itv h o I l7d@-ments/request for btds proposols CITY OF LAKE FOREST PARK The iollowing ordinonces were odopied bythe Cily Council of the City of Loke For-est Pork, Woshinston, on the l4th doy ofMorch, 2019: ORDINANCE NO. II89 BI be of Filed: lineol feel of lineol feel of com- -649- D BOND levue. or sex in with' firms CALL FOR BIDS NOTICE TO CONTRACTORS CITY OF BURIEN .5 l44th Woy Roddwoy lmprovements This Conlroci wolls, ond the The Engineer's $3,200,000. ronse is $2,800,000 to bid shol Bidders desirins period. No Bidder moy wilhdrow ils bid within 45 doys ofter the ocluol opening thereof. This controct will be subiecl lo Equol Em-ploymenf Opportunity requirements. The (Locol Agency) in occordonce withTitle Vl of the Civil Rishls Acl ol 1964,78 Slol.252, 42 UEC 2000d lo 2000d-4 qnd Tille 49, Code of Federol Resulolions, Depqrt- ment of Tronsporlotion, Sublille A, Officeof the Secrelory, Porl 2T, Nondiscriminq-tion in Federolly-Assisfed Prosrqms ofihe Deporfment of Tronsportolion issuedpursuonl to such Acl, hereby nolifies ollbidders lhot il will offirmolively ensurefhol in ony controct entered inlo pufsu-qnt to this odvertisement, disodvontoged business enterprises qs defined ot 49 CFRPorl 26 will be offorded full opportunily tosubmit bids in response to this invitoiionond will not be discriminoted osoinsl on fhe srounds ot roce, qolor, nolionql origin,or sex in considerolion for on oword. ' CITY OF BURIEN Monico Lusk City Clerk Published in The Seottle Doily Journol of Commerce: 3/19/19 ond 3/26119. Publishedin The Seqttle Timesi 3119119 ond 3126119 This invitolion is comprised of this tnvlotion to Bid, os well 06 cenerot Terfiqnd Conditions (Smoll Public Works), B Form, Controct, ond Plons ond/or specficotions which, if on oword is mode, wlcollectively constilute the Conlrocl Doctments- The Dislrici encouroges Slotemenls dfQuqlificolions from minority ond womenowned firms. All Submitlols musf 6e received by 3:00p.m., Frido% April 5,2019. ony roce, with this DNS does sues, does ony ex- Persons wilh disobilities moy requesl thisinformotion be prepored ond supplied inollernqtive forms by colline 253-931-3010.The full text of the ordinonce will be moiled upon requesl. Ordinonces ore slsoovoiloble for inspection by the public otlhe Office ot the City Clerk ot Loke ForestPork City Holl between 9 o.m. snd 5 p.m., Mondoy through Fridoy. percenl upon ogrees 10 Cerlificolion of insuronce is required uponofice of inlenf lo oword- occess fo room online downlood,plon sets o free on occest Morch 12, 2019 on( King County Sherif{'s Office www. Dropertyroom:com, miscelloneous & seized property KING COUNTY SUPERIOR COURT STATE OF WASHINGTONProbcte No: l9-4-02085-4 5EA PROBATE NOTICE TO CREDITORS(RCW 1t.40.030) ln the Motter of the Estole of:MARTIN ROY, BERNDT, Deceosed. slotut( ogoinst Notice: Low Office Q25)573-1884 The Cily ol Sioreline Nolice ot Preliminory Formol Subdivision Appticotion c1. N townhome PLACE A LEGAL NOTICE 206/652-601 I legals@seattletires.@m PLACEA LEGAL NONCE servrces. 'Evelyn Johed City ClerkMorch 19,2019 SUPPLEMENTAL RESPONSIBLE BID-DER CRITERIA will opply to this proiect, ond ore included in Section l-02 of theSl0ndord Specificotions ond Speciql pro- visions. Any bidder delermined to be notresponsible bosed on these supplementolcriferiq moy qppeql ihe City,s delermino- tion by providing odditionql intormqtion tothe City ot the oddress obove within 2 busi-ness doys followins receipt of the City,swrilien determinotion thoi the bidder wqsdetermined nol responsible. Public Works controcl is required. Threquired Controcl Form is qffoched. ThControcl musl be executed ond refurnelo Ruby Perez ot Riverview School Di:trict No. 407 ("Owner") within ten (10 dqys ofter nolificotion of oword. Approv(of the controct by Owner is requirdd bcfore oword is finol- NOTICE IS HEREBY GIVEN Ihoi Seo|edbids will be received by the City of Burien, OJficq of lhe City Clerk, Burien City Hoil;400 SW l52nd Street, Suite 300, Burien;Wqshinglon 98166, until the hour of 2:00p.m. on Thursdoy, April lI,2019. Bids re-ceived lqter ihon soid time ond dote shollnol be considered, Bids will be openedqnd publicly reod immediqtely lhereofler of thol some doy for: CITY OF BURIEN S I44TH WAY ROADWAY IMPROVEMENTS Bids must be received by Owner no loiethon April 2,2019 bv 4:00 PM. Eidder isolely responsible for limely delivery othe bid. Bids deemed by lhe Owner ihove been received lqte will be returne,ond not considered lurther. Dotes of publicotion in the Seotlte DoilyJournol ol Commerce, Morch 19,2019 ondMorch 26,2019. Dotes of publicotion in theSeoltle Times, Morch 19, 2019 ond Morch 26,2019. . City of Des Moines sndDepdrlmenl of Ecotogy Notice of Comment Period. s e e 4 oit d i hii a-t i6'i )' ii t b i iiic- h e o r i n g Shoreline Masler Progrom (SMp) Periodic Review The City of Des Moines ond WoshinstonStote Deportment of Ecolosy ore occepl-ing commenls on o periodic review of theDes Moines Shoreline Mosier prosrom (SMP) under RCW 90.58.080(4). The Cityof Ds Moines hos prepored drofl SMpomendments to keep the SMP current with chonses in stole low, chonges in city pldns ond resulotions, ond olher chonsed locol circumstonces, An Environmentql Deter-minoiion is olso being issued for this pro- posol by the City of Des Moines (see thedetoils below). Public commenl will begqcepted on the proposol from Morch 19, 2019 to April 18, 20T8 ot 4:30 PM. Att com-menls received by the City of Des Moineswill be forworded lo the Deporlmenl ofEcology; no need io send duplicotes. Pleose send commenfs by emoil to iwoycke@desmoineswo.gov or throughsurvey monkey by filling out fhis com-ment form htlps://www.surveymonkey. com/r/3BLRPZK. Comments moy be senlby moil fo: City of Des Moines c/o Joson Woycke Plonnins & Developmenl Services Division 21630 llth Ave. South, Suile D Des Moines, WA 98198-5398 A ioint locol/slqte public heqring is set forApril ll,2019 ol 7pm during the Cily Coun-cil Meetins in lhe Des Moines Cily CouncitChombers,2i630 lllh Ave S., Des Moines, WA 98198. The public heorins will cover re-visions to lhe Cily's Shoreline Moster Pro-srom ds required under WAC'173-26-090-All interesled porlies ore inviled to oltend,or provide commenls in writing. All moteriqls reloled to the Ciiy,s periodic review con be viewed here: hllpi//www. desmoineswo.gov/smp Delermindlion.ol Non-Sisnificdnce The City of Bellevue reserves the risht toreiecl qny ond oll bids ond lo wqive irreg-ulorilies ond informolities in the bidditsprocess. No bidder moy withdrow theii bid for o period of sixty (60) doys ofler the dote ond time set for the opening thereof. The successful bidder must comply withthe Cily ot Bellevue equol opportunity re-quirements. The City of Bellevue is com-mitted to o progrom of equol employmentopporlunily regordless ot rqce, color,creed, religion, gendet qse, notionol ori-gin, pregnoncy, genelic intormolion, mqri-tol slotus, sexuol orientolion (includins sender idenliiy). or the presence of oni sensory, physicol, or mentol disobility. The Ciiy of Bellevue is olso committed tocomplying with Title Vl of the Civit RishtsAct ol 1964, lhol provides "No person inlhe Uniled Slstes sholl, on the sround ofroce, color, or nolionol origin, be excludedfrom porticipotion in, be denied the ben-efils of, or be subiected lo discriminolionqnder ony progrom or octivity receivingFederol finoncibl qssislonce." Complete: Morch 1,2019Applicolion: Ending Doie: :00 PM beins ensurepursu- - notionol PLACE A LEGAL NOTICE 206i652-6018 legals@sgattletimes.com PLACE A LEGAL NOTICE 206/652.6018 legais@r*attlelim6.@m Published: Morch l2,2019. Doily Journqtof Commerce: Morch 12, 2019 ond Morch 19,2019. The Seotlle Times: Mqrch 12,2019 ond Morch l9,20l9 Other ossociqled permils noi included inlhis opplicolion; Building Permit, Engi-neerins Review Permil, HPAlnformolion oboul oppeol processes willbe included in the issued SEPA Determi- nolion ond Nofice of Decision. All bid proposols sholl be occomponied by o bid proposql deposif in the form of o coshier's check or surely bond mode poy- qble to the Cify of Burien in on qmounl not less lhon five percenl (5%) of lhe omount of such bose bid proposol. Bid bonds shollbe in o form sotisfoctory io the City At- torney. Should lhe successful Bidder foil 10enier into the Controct ond turnish o sotis-foctory performonce bond wilhin l0 colen- dor doys.of nolificqtion of Conlroct oword,lhe bid proposol deposit sholl be forfeitedlo lhe City of Burien. When the Coniroct is oworded ond execuled, the bid proposol deposils will be relurned to the Bidders. The Cily reserves the rishl to reiect onyqnd oll bids, to determine minor irregu-lorities or informolities, ond lo woive qny minor ifregulorities oil intormqlilies. NoBidder moy withdrow its bid"ofler the hour set for lhe openins of bids. Description of proposol: The Cily pro- poses to omend its SMP consistenl withthe requirements under lhe Shoreline Mqnogement Act (SMA) lo review, qnd, if necessory, revise ils SMP ol leost onceevery eighl yeors. RCW 90.58.080 specitieslhe deqdline for the City lo review, omendond odopt on omended SMP by June 30, 2019. These omendments ore infended 10ensure consistency between the City,sSMP ond lows ond guidelines lhot moy hove chonsed since the City lqst updotedits SMP. Nolice is hereby siven ihot the City Coun-cil of the City of Sommqmish odopted ihefollowing ordinonce ol the Mqrch 14,2019 Speciol Meeting. Copies of this documenlore ovoiloble ond will be moiled upon re-quest of ihe office of. the Cily Clerk,80l 2281h Avenue SE. durins resulor officehours, 8:30 o.m. to 5:00 p.m. Document isqlso qvoiloble in the documenl cenler onthe City's Civic Web Portol ot https://som- momishwo.civicweb.net/Dorlol/ City Ol Sommqrirish'Woshinglon Ordinonce No. O2019-481 An Ordinonce Of The City Of Sommomish, Woshington, Extending lnterim Develop-ment Regulolions Regordins The Desisn And Construction Of Short Plots And Sub- divisions Authorized By The Growth Mon- osement Act As Adopted ln Ordinonce No. 02018-468 And As Amended By Ordinonce No. 02018-471 For A Period Of Six Months;Providins For Severobility; And Estob-lishins An Eftective Dote CITY OF SAMMAMISH LEGAL NOTICE Published Seoltle Times: March t9,20t9 Melonie Anderson City Clerk CITY OF ING NOTI .or ber Avenue prepore proiects person no9er, occom- Clerk ot more requested PLACE A LEGAL NOTICE 2061652-6018' legals@seatlletimes.com Proponenl: Cily of Des Moines Locolion ol proposol, includins slreel od- dress, if ony: Cily Wide Proie.l Fiie No: LUA20l9-OOl2 Leod.Agency: City of Des Moines The City of Des Moines hos delerminedthol the obove-described proposol does no1 hqve o proboble sisniticont odverseimpoct on lhe environmenl. An environ-mentol impocl slotement (ElS) is not re-quired under RCW 43.21C.030(2)(c). This decision wos mode olter review of o com-pleied environmentol checklisi ond otherinformofion on file with.the leod ogency.This intormqtion is ovoiloble 10 the public on request. Jhe public commenl period ends April 2, ?ql9 ol 5:00 p.m. Pleose moit, fox (206t 901-2788 ot deliver commenls to City ofShoreline, Altn i Coleb Miller, 17500 Mid-vole Avenue N, Shoreline, WA 98133 oremoil to cmiller@shorelinewo.sov. A public heoring is lentolively scheduledfor June 2019 in lhe Council Chombers otCiiy Holl 17500 Midvqle Avenue N, Shore-line. WA. A Notice of Public Heorins wiilbe distributed no loler thon l5 doys prior 1o the heorins. Copies of the full notice of opplicotion, op-plicotion moleriols, ond oppticobte codesore qvoiloble for review ol City Holl, 17500Midvole Avenue N- Responsible Otficiol: Suson Cezqt L.E,G. Posilion/Tille: Chief Strotesic Ofticer 21650 ll1h Avenue Soulh, Suiie D Des Moines, WA 98198 Datet 311912019 Prgiect Leod Conioct: Joson Woycke,AICP - Lond Use Plonner ll; Phone 206-870-6551 Emcil Address: iowycke@desmoineswo.sov been those mono9er Services largest newsPaPel readership. PLACE A LEGAL NOTICE 206/652-601 I legals@seattletimes.com ln such the finol oppeol legals@seallletlmgr-com 2061652-601 8 Kent City Council NOTICE OF PUBLIC HEARING On an Ordinance adopting a new chapter under title 6 of the Kent City Code, which establishes utility design standards in the right-of-way. NOTICE IS HEREBY GIVEN that the Kent City Council will hold a public hearing on an Ordinance adopting a new chapter under title 6 of the Kent City Code, which establishes utility design standards in the right-of-way at 7 p.m.on Tuesday, April2,20L9, in the Council Chambers at Kent City Hall, 220 4th Avenue South, Kent. All interested persons are invited to attend and will be given an opportunity to speak. Members of the public may also submit written comments at the meeting, or inadvance by regular U.S. Mail to the City Clerk's Office, 220 Fourth AvenuJ'South,Kent, WA 98032, or by electronic mail to CitvClerk@KentWA.gov. Any written comments sent in advance must be received no later than 4 p.m. on April 2,2OLg, in order to be considered. Any person requiring a disability accommodation should contact the City Clerk'sOffice in advance at 253-856-5725, For TDD relay service, call the Washington Telecommunications Relay Service at 7-1-1. Kimberley A. Komoto City Clerk 253-856-5725 Service Directo vit 12 Friday, March 22,2019 Kent Reporter Legal Notlce3 Logal Nottce6i,\ l,i I CONSTRUCTION lnterior/ Exlerior Paintinq and Home Repairs Build Wood Decks and Fences Palio Covers 253-35G,3231 253-334-9564 {PUGflSCOSKA Reach thousands of readers by advertising your service in the Service Directory of the Classitieds. Get 4 weeks ol advertising in your local community newspapers and on lhe web lor one low price. Call: 1-800-388-2527 Go online: w.Sdrdcla€dfie(b,M or Email: classitied@ soundpublishing,com Landscap€ Servlc6s A-1 SHEER GARDENING & LANDSCAPING. Cleanup . Trim. Weed . Pruno . Sod- Seed . Bark 'Rockerv ' Backhoe . iatios 425-226-5911 206-722-2043 Lic, AlSHEGL04M Need exlra cash? Place your classilied ad todayl Call 1-800-389-2527 or Go online 24 hours a day @.SoundClasstf teds,com - Home Ssrvlceg Lawn/Garden Servlce tor Rent Announcam6nts DtsTRtcT *360 CIry OF KENT Construction of an 8" sanitary sewer system with 6" side sewer stubs to lhe property line lor each of the twelve prop- erlies included wilhin lhelocal improvemonl dis- lrict, as Drovided bv Otr dinance No.3793. Notice is hereby given lhat the eleventh (11th) installmenl ol the as- sessment levied for the above named imptove- menl, comDrisino Local lmprovemerit Disirict No.360 under Ordinance No. 3876, is now due and payable and unless payment is made on or before April 9, 2019 said installmenl will be delin- quent. will have a penal- ty of eleven (11) percent added. and lhe colls- lion ol such delinquent installment will be en- forced in the manner prescribed by law. Dated this glh dav of March 2019. Barbara Lopez lnlerim Finance Dkector Citv of Kent. Washinoton Published in the "Kenr Reporter March 22, 2019, March 29,2019. #846795 CIW OF KENT NOTICE OF ORDINANCES PASSED BYTHE CITY COUNCIL The following a.e sum-maries of ordinances Dassed bv the Kent Citu Council 6n March 19', 2019: oRotNANCE NO. 4316- AN ORDINANCE of the City Council ol the Citvol Kent, Washinolon-,amending sections15.04.040 and 15.04.050 of lhe Kent City Code to permil light manulaclurino in the -,r'/nlown tommercial Enterprise Diskict sub-ject to specific develop- ment conditions. This ordinance shall take etfect and be in force 30 days hom and after its passaqe. ORDINANCE NO. 4317. AN ORDINANCE of the City Council ot the Citvol Kenl, Washinqton-,amendinq seciions15.04.040 and 15.04.050 of the Kent City Code to revise regu- lations related to mini- warehouses or self-stor- Kent. This ordinance shall take effect and be in force 30 days from and atter its passage. A copy of lhe complete lext of anv ordinance will be mailed upon requst of the Citv Clerk. Kimbsrlei A. Komoto City Cler( 253'856-5728 Cityolerk@ KenlWA,oov Published in the KentReportor March 22, 2019 #848910 Kent City Council NOTICE OF PUBLIC HEARING On an Ordinance adoot- ing a new chapter under title 6 ol the Kent Citv Code. which estabtishe6 utility design standards in the right'of-way. NOTICE IS HEREBY GIVEN that the Kent Citv Council will hold a publi6 hearing on an Ordinance adopting a new chapter under title 6 of the Kenl City Code, which estab- lishes ulility design stan- dards in the rioht-of-wavat 7 p.m. on Tuesdav, April 2, 2019, in rh'e Council Chambers at Kent City Hall, 220 4th Avenue Soulh. Kent. All interested persons are invited to attend and will be given an opporlunity to speak. Members ol lhe public may also submit written commenls at the meet- ing, or in advance by regular U.S. Mail to the Citv Clerk's Ollice, 220 Fourth Avenue South, Kent, WA 98032, or by eleclronic maillo CityClerk @ KentWA.oov. Any written comments sent in advance must be received no later than 4 p.m. on April 2,2019, in order to be considered. Any person requiring adisability accommoda tion should conlact the City Clerk's Otfice in ad- vance at 253-856-5725. For TDD relay service,call the Washinoton Telecommunications he- lay Service at 7-1-1. Kimberlev A. Komoto Cily Clerli 253-856-5725 Published in the Kent Reporter lvlarch 22, 2019. #848909 I I I t ; : i i i i l a i i ! -- Proba8lonalS€rvtces Hom6S€rvtcss AbmyL€dal$tu HahdyFrson -- Home Sorvlc6s Hom6 Servlc€s kndscalE Servtc€E Treelshrub Care - Domestlc Servlcss Care A PLACE FOR MOI,I has helped over a million lamilies lind senior liv- ing. Our trusted, lmaladvisors helolind solutions to vodr unique needs at no -cost to vou. Call 855-415- 4146. ffi LEGAL PROTECTION FORYOUB BUSINESS AND IP Law cannot be Dracticedin a vacuum. Effmlive legal assistance requiredan underslandino ofeach clienfs unioue business and oersohatrealities. Walhinoton State Attorney, ELtiAH HARTMAN is dedicatedto crafting meaninqtul and lastino leoal solu- tions for hia buslness cti- enls, Whether workino hands-on lo develop cti ents' existing matters, of spearheadinq entirelv novel ones, -Eliiah brino3his creativen6ss. an'd dedicalion to bear. Prac-lice Areas Contract drafting, commercial real eslate, leases, partner- ship disputes, lranchise agreements, businessand assel Durchases and sales, shareholder rights, start-ups, media-tion, kusls, copyrighl, trademarks, licensing,websile and ecom- merce, product manu- facturino, and civil lilioa- tion. C-ontact Eliiah "ai DATH PLLC lod'av loryour free initial 6honeconsultalion lo see how we can help. VISIT; DATHPLLC.COM CALL: (42s) 209.0040 OB E[,1AlL: EIiiah@DATHPLLC.COM Find your perfect pet in the Classilieds. w.SoundClasllleds.com - Protesslonal S6rvlces Tax Pr€paratton CHEAPYABD SERVICE AND A HANDYMAN Pressure washing gutler cleaning, etc. Fence. deck buildino Concrete. 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Hauling, BobcatWork Garisor Cna* Landscapin!,lnc, Lcf@rc g56a 253-261 -0438 Bond6d &lhsur€d HI MARK LANDSCAPING & GABDENING Utility Design Standards in ROW Public Hearing April 2, 2019 Compliance with FCC Order •Aesthetic requirements allowed if they are: •Reasonable •No more burdensome than those applied to other types of infrastructure deployments •Objective •Published in advance –by April 14, 2019 Public Notice •February 25, 2019 –Public Works Committee •March 18, 2019 –Public Works Committee •March 19, 2019 –Council set Hearing •March 19, 2019 –DNS issued under SEPA •March 22, 2019 –Kent Reporter •March 2019 –City Website and Official Notices Board Chapter 6.16 –Utility Designs Standards in the Right-of-Way 6.16.040 –General Requirements 6.16.050 –Small Cell Design Standards and Aesthetic Requirements on Utility Poles 6.16.060 -Small Cell Design Standards and Aesthetic Requirements on City-owned Infrastructure Robust, Yet Flexible •6.16.040(O) –“When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted…” 6.16.040 –General Requirements GENERAL •No deployment on traffic signal poles •No ground-mounted equipment CLUTTER CONTROL •Limits within a 150’ radius •Minimize conduit and distance from pole •Wires pulled tight and no excess loops of wires 6.16.050 –Small Cells on Utility Poles LOCATION •Minimize appearance from existing residential structures •No co-location (one per pole) HEIGHT •Limit replacement pole height to 50 feet feet or 10%, whichever is greater CLUTTER •Limit bulk –equipment size •Close mount •Concealed wires 6.16.060 –Small Cells on City- Owned Infrastructure GENERAL •City pole must be replaced with “Combination Pole” •Internal wiring and cabling •No horizontal flat spaces •Equipment and antenna shrouds painted to match pole color 6.16.060 –Small Cells on City- Owned Infrastructure HEIGHT/WIDTH •Replacement poles –max of 50 feet, or 10% increase (whichever is less) •New pole –as approved •Diameter limited to 16 inches; up to 20 with Director approval FLEXIBILITY FOR 5G (or other new technology) •6.16.060(B)(1) –“. . . substantially conform to depictions in Exhibit A or those subsequently adopted in the City of Kent Design and Construction Standards.” Combination Pole with Canister or Shrouded Antenna •Smooth transition •Width of antenna limited •Color matching Combination Pole with Equipment Shroud •Single external shroud for equipment and antenna •Mounted at top of pole •Internal Wires Combination Pole with Canister or Shrouded Antenna and Equipment Shroud •Limited purpose •For more than one technology on a pole (e.g., LTE and 5G) •Need to demonstrate necessity •Mounted at top of pole Sign in Sheet to Speak During the Public Hearing for Adoption of a New Chapter under Title 6 of the Kent City Code, Establishing Utility Design Standards in the Right-of-Way. For the Kent City Council Meeting of: Aoril 2, 2OL9 Email Address 9*gl. b*.r," D W irclrr.l P.t:c1- Col\ Uc-riac'n fii"-\.rS Lo.o .ca(^^ lr^{.2J'tz;ryQ Ol*4'c.o tra' Address VII Jj .q*" Rt...nur '-JA 1^1 logh &,ttrtL 2"oo ficthvn< NL Telephone Number 2 o\ -Zt.t-3tt ( A@/y q2( zt1 L6gz v 4qt4((tts NAME Print Leqiblv 6.(ls B*-r.( trrlrniilrl (avJrv^J lLttl baveruuca illauoues a^l,n^fr{d Cnunfif t^da /tttzk *rklr.ls 1 2 3 4 Komoto, Kim From: Sent: To: Subject: Attachments: Everett, Cathie Wednesday, April 03, 2019 8:00 AM Komoto, Kim FW: Small Wireless Design Standards - ATT Comment Letter ATT - Kent Council Comments 4-02-19 - FINAL.pdf Here you go Cathie Everett, Council Admin Assistant Office of the Mayor and Council 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-57L2 | Fax 253-856-6700 ceverett@KentWA.oov crTY oF KENT, WASHTNGTON KentWA.oov Facebook ilrvi!ri::,:r YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL From: Gregg Busch fmailto:gregg.busch@wirelesspolicy.com] Sent: Tuesday, April 02, 20L9 2:26 PM To: City Council; Schuck, Christina Cc: TAGAYUN, CAROL; Ken Lyons; Meridee Pabst Subject: Small Wireless Design Standards - ATT Comment Letter Good afternoon, On behalf of AT&T, we attach a comment letter regarding the proposed wireless design standards before Council tonight. I will be speaking at the hearing on behalf of AT&T. Thank you for your consideration of these comments. Greggory Busch Wireless Policy Group LLC L420 NW Gilman Blvd., Suite #9030 lssaquah, WA 98027 Work: (4251628-2657 Cell: (206) 265-3823 Rregg.busch @wire lessno I icv.com 1 EXTERNAL EMAIL ,t t, VPG VII=TELEss POLICY GROUP LLC April2,2OL9 The Honorable Dana Ralph, Mayor Kent City Council 220 Fourth Ave. S Kent, WA 98032 V I A E M Al L - CityCouncil@KentWA.gov RE New Chapter Under Title 5 Establishing Utility Design Standards in the Right-of- way Council Agenda ltem 5 - April 2,2OLg Dear Mayor Ralph and Councilors On behalf of AT&T, thank you for the opportunity to comment on the proposed code and design standards facilitating small wireless facility development in the City of Kent (the "City"). AT&T supports the City's efforts to update its wireless code to conform with federal law and reflect the latest in wireless technology. While AT&T has not had the opportunity to review the proposed design standards in depth or to prepare detailed comments and suggestions, it does have several initial concerns. Specifically, the design standards proposed by the City do not allow for technically feasible deployment of small wireless facilities, and in some instances the design standards are inconsistent with federal law. As you know, the Federal Communications Commission ("FCC") recently adopted an Orderl addressing a local jurisdiction's regulation of small wireless facility deployment. And, under the FCC Order, aesthetic regulations for small wireless facilities apply to the extent they are reasonable, technically feasible, objective, no more burdensome than those applied to other types of infrastructure deployments, and published in to advance.2 Each smallwireless facility standard must be technically feasible for all carriers. 1 Accelerating Wireless and Wireline Broodband Deployment by Removing Barriers to lnfrastructurc lnvestment, Declaratory Ruling and Third Report and Order, WT Docket No. 17-79, WC Docket No. 17-84, FCC 18-133 (rel. Sept. 27, 2018);83 Fed. Reg. 51867 (Oct. 15, 2018X"FCC Order"). 2 FCC Order, paras. 8G87. DENVER SAN FRANCISCO LOS ANGELES SEATTLE PORTLAND gregg.busch@wi relesspolicy.com 1420 NW Gilman Blvd Ste #9030 Issaquah WA 98027 (office) 425.628.2657 (wirelessl 20 6.265.3823 (fax) 206.219.67 17 www.wi reless policy. com April2,2019 Page2 First, AT&T has significant concerns that the current draft of Section 6.1"6.060(C) is not workable for 5G deployment. The City's three proposed designs require antennas to be concealed within a pole or shroud. Current 5G antenna technology will not function when shrouded and cannot be concealed as described in the City's proposed standards. AT&T suggests revising the proposed designs to allow for unshrouded panel antennas if concealment is not technically feasible. Similarly, Section 6.16.050(C)(3) requires "antennas, conduit, mounting hardware and equipment cabinets to be painted a neutral color to match the color of the Utility Pole" Current 5G antennas cannot be painted; instead the manufacturer selects tinted casing for the antennas that may not have as wide a color selection as paint. AT&T therefore suggests revising the language to read "match the color of the Utility Pole as closely as technicaIly feasible." Additionally, AT&T has significant concerns that the proposed Ordinance is not consistent with the recent FCC Order. Section 6.1"6.060(5)of the draft Ordinance limits equipment volumes below the 28 cubic feet allowed under the FCC Order. The draft Ordinance also limits cumulative antenna volume to twelve cubic feet. The FCC Order, however, does not restrict cumulative antenna volume. lnstead, the Order limits individual antennas to three cubic feet per antenna. For consistency with federal law, AT&T suggests revising this section to match the FCC's allowed volumes. Finally, Section 6.16.040(M) prohibits side arm mounts. Mounting requirements are based on the available equipment to meet performance objectives and the pole owner's requirements. Several of AT&ls preferred designs include side arm mounts, and pole owners may at times require this mount. To allow for technically feasible deployment of small wireless facilities, AT&T suggests removing the prohibition on side-arm mounts. Thank you for your consideration of these comments. t will be attending your meeting tonight on behalf of AT&T. Very truly yours, J^-rfZ4'r^^f Greggory Busch cc: Christina M. Schuck, Assistant City Attorney Komoto, Kim From: Sent: To: Subject: Attachments: Ralph, Dana Tuesday, April 02, 20L9 9:15 PM Komoto, Kim Fwd: Verizon Wireless Request to Continue Kent 4-2-201-9 Hearing on Small Wireless Facilities Kent City Council VZ comment letter 4220L9-signed.pdf Importance:High Original message From: Kim Allen <kim.allen@wirelesspolicy.com> Date: 4 / 2 / L9 It:52 AM (G MT-08:00) To: City Council <CityCouncil@kentwa.gov>, Mayor <Mayor@kentwa.gov> Cc: "Schuck, Christina" <CSchuck@kentwa.gov>, "Maharaj, Devendra" <devendra.maharaj@verizonwireless.com>, Alan Ba r <a la n.ba r@verizonwireless.com> Subject: Verizon Wireless Request to Continue Kent 4-2-2019 Hearing on Small Wireless Facilities Good morning Mayor Ralph and Councilmembers- On behalf of Verizon Wireless, I am attaching a comment letter for your consideration and inclusion in the record. The letter details the lack of notice that these standards were being proposed, despite working with staff for months on a franchise agreement for small wireless facilities in the right of way. We inadvertently learned of this hearing just this morning and have had no time to develop meaningful input. A quick review does reveal that the standards, as proposed, do not comply with the FCC Order and we would appreciate a short delay to propose amendments that would allow deployment of 4G and 5G in the city of Kent. A Verizon representative will be at your meeting this evening to testify and answer any questions. Best regards, Kim Allen Senior Vice President, Land Use Entitlements and Strategic Planning Wireless Policy Group, LLC I42OW. Gilman Blvd. #9030, lssaquah WA 98027 (42s1628-2666-office EXTERNAL EMAIL 1 t I \ VPG YJSIT::JOLICY April2,2019 Via Email CitvCo u n ci I @ Ke ntWA. q ov Kent Mayor Dana Ralph Kent City Council Bill Boyce, Council President Brenda Fincher Dennis Higgins Satwinder Kaur Marli Larimer Les Thomas Toni Troutner Re: Public Hearing for the Adoption of a New Chapter Under Title 6 of the Kent City Code, Establishing Utility Design Standards in the Right-of-Way Dear Mayor and Councilmembers, On behalf of Verizon Wireless, we are requesting a continuance of the public hearing scheduled this evening. Although Verizon has been working in good faith with city staff for months on a franchise agreement for small wireless facilities in the right of way, we had no idea that this ordinance was moving through the city's process to the council docket. We first learned of the public hearing inadvertently at 10 am this morning. As a stakeholder with regard to these regulations, Verizon has had insufficient time to do a thorough review, but a quick reading reveals problems that can result in an effective prohibition of wireless service, in violation of federal law. The current draft for consideration this evening adopts positions in direct conflict with the recent FCC Order addressing the regulation of small wireless facilities,"Accelerati nq Wireless dband nt Rem B nvestmen Decla Rulin and Third Report and Order (September 26, 2018)" ("Order"), that took effect on January L4, 2019: 1420W. Gilman Blvd. #9030, lssaquah WA 98027 kim.allen@wirelesspol icy.com www.wirelesspolicy. com 1425.628.2666 f 206.219.6717 I I April2,2019 Page 2 a a a 5G antennas are so sensitive that they cannot be covered, shrouded or even painted. 3M Company is developing a special colored film that can be applied to color match the antennas to the pole color but they must be exposed in order to function. None of the combination pole designs in Exhibit A allow for exposed antennas. These designs will effectively prohibit the deployment of 5G in the city of Kent. Section 6.L6.060(5) (a) and (b) impermissibly restrict cumulative volumes below the FCC Order's definition of a small wireless facility in footnote 9, which contains no restrictions on antenna volume and includes, by definition, equipment volume of 28 cubic feet. Sec. 6.16.040 (M) prohibits side arm mounts and strand mounting. The type of mount selected is driven by the available equipment for the technology and the pole owner's requirements. Strand mounted small wireless facilities can be a low visual profile solution in denser urban areas and are being integrated into design standards in cities across the region including, most recently, Bellevue. While we appreciate the city's desire to adopt this code to comply with the FCC Order, the draft presented does not achieve that objective. Verizon would appreciate more time to continue to work with staff on final revisions to develop a code that preserves the look and feel of your community, while providing an efficient, workable and federally compliant process to deliver the service your residents, visitors and businesses have come to expect. A Verizon representative will be at your meeting to answer questions and provide information, as needed. Sincerely, Kim Allen, Senior Vice President Wireless Policy Group, LLC on behalf of Verizon Wireless Public Comment - Sign Up Sheet For the Kent City Council Meeting of:Aoril 2. 2OL9 Please PRINT your contact information below and when called upon, come to the podium and state your Name and Address for the record You will be given THREE minutes to speak TopicEmail AddressAddressTelephone Number 1| /\ (.J NAME Print Leqiblv 1 2 3 4 5 6 \\Cityvmplv\sdata\PuBLIC\City Clerk's Office\City Council\City Council Meetings\TEMPLATES\Sign In Sheet Public Comments.doc Agenda Item: TO: DATE: SUBJECT: City Council April 2,2OL9 Trucking-Intensive Land Uses - Interim Zoning MOTION: Adopt Ordinance No.amending title 15 of the Kent City Code to establish interim zoning for trucking-intensive land uses, setting a date for a public hearing, declaring an emergency, and providing for an immediate effective date for the ordinance. SUMMARY: Uncoordinated and unplanned growth poses a threat to the environment, sustainable economic development, and the health, safety, and quality of life of city residents, Kent has seen an acceleration in the development of truck-intensive land uses including retrofitting existing warehouses to increase the capacity and volume of truck utilization. The City is also aware of increased real estate speculation on bulk warehouse properties in the Kent Valley. City revenue associated with trucking- intensive uses has declined precipitously in recent decades due to a change in the state sales tax structure. Whereas wholesale and related e-commerce uses previously generated significant sales tax revenue for the City that helped offset the costs to City infrastructure, the change to a destination-based local sales tax system in 2008 substantially diminished this source of tax revenue, The City now bears all road maintenance costs associated with heavy freight use, with severely depleted resources and few options for generating more income. This fiscal position strains the City's ability to maintain the roadway infrastructure and level of service for City programs and responsibilities generally, In consideration of this issue, the City has embarked on a subarea planning effort, in accordance with Kent's Comprehensive Plan policy to "Complete a comprehensive subarea plan for the Manufacturing/Industrial Center that will establish a Kent-specific vision and strategy for accommodating growth consistent with the regional growth strategy" (adopted 2015). It is anticipated that zoning and development regulation changes will be adopted as a result of this effort. While trucking-intensive and land consumptive uses are unlikely to be entirely prohibited as a result of the Rally the Valley recommendations, the City desires to see the industrial valley's economic potential realized to the maximum extent possible, and ensuring that trucking-intensive land uses are developed in accordance with a fully informed subarea plan is therefore critical to the long-term economic sustainability of the industrial valley. The interim ordinance limits the size of new construction in the highest opportunity areas of Kent's Industrial Valley - the M1 and Ml-C zoning districts, which have significant existing assets as well as prime undeveloped land. The ordinance also regulates development in those zones via a "dock-high door" ratio, to preclude the development of the most trucking-intensive building types. This two-pronged approach attempts to capture only those buildings types that are known to be the most impactful on city infrastructure until more comprehensive regulation can be developed. Due to the detrimental impacts to the city's ability to plan that could be caused by continued development of large footprint, trucking-intensive land uses in the M1 and M1-C Districts, an emergency exists, and it is imperative that the ordinance become effective immediately upon adoption. In order to become effective immediately, the motion to adopt the ordinance must be approved by a majority plus one of the full council, or five members of the council. EXHIBITS: Draft Ordinance RECOMMENDED BY: Brought directly to the full council. YEA: NAY: BUDGET IMPACTS: STRATEGIC PLAN GOAL(S) r X EvglyllS_InlI3StI!!$lJS - Connecting people and places through strategic investments in physical and technological infrastructure. X Sustainable Services - Providing quality services through responsible financial managementl economic growth, and partnerships. n Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, declaring an emergencyand adopting an interim zoning ordinance amending title 15 of the Kent City Code by limiting trucking-intensive uses on a temporary basis, pending completion of an industrial land subarea plan, setting a date for a public hearing, and providing that the ordinance will take effect immediately upon passage. RECITALS A. Uncoordinated and unplanned growth poses a threat to the environment, sustainable economic development, and the health, safety, and quality of life of city residents. In line with statewide planning goals, it is the City's intention to encourage economic development that is consistent with adopted comprehensive plans, to promote economic opportunity, and to promote the retention and expansion of existing businesses and recruitment of new businesses, all within the capacities of public facilities. B. Kent's Comprehensive Plan, adopted in 2OL5, includes a policy directive to "Complete a comprehensive subarea plan for the Manufacturing/Industrial Center that will establish a Kent-specific vision and strategy for accommodating growth consistent with the regional growth strategy." In the Puget Sound Regional Council's Plan Review Report and Certification Recommendation for the City's Comprehensive Plan, the city was encouraged to implement this policy "in the near term," Amend KCC Chapter 75.O4 - Re: Trucking-Intensive Uses 1 as Vision 2O4O calls for jurisdictions with regional centers to develop subarea plans (DP-Action-L7). C. Understanding the regional interest and local importance of this work, staff proposed to include a "Manufacturing/Industrial Center Subarea Plan" in the 2Ot5 Docket Report to the City Council. In 2018, the City Council adopted the 20t9-2O20 budget which included $75,000 annually for this work plan item. To date, staff have taken the following steps on the project: completed a detailed draft scope of work; formed an interjurisdictional staff working group; formed an advisory panel of local experts; interviewed and selected consultants; established an outreach/engagement strategy; planned advisory panel meeting content; established a project schedule including major milestones; tentatively outlined the final document; and collected a significant amount of data and research to support and inform the work. The project is expected to identify changes to the zoning code and development standards, new design guidelines, zoning map amendments, key partnerships and organizations, capital project recommendations, and recommendations on many existing policies at the local and regional level, including PSRC ma n ufactu ri n g/i nd ustria I center desi g natio n. D. Inherently, the development of the industrial valley subarea plan will include a significant focus on trucking-intensive land uses and public infrastructure requirements. Trucking-intensive land uses such as bulk or heavy distribution, warehousing, wholesale, and freight movement have significant financial and transportation impacts to the cities in which they are located. Trucking-intensive uses in particular cause considerable damage to publicly owned infrastructure due to the weight and volume of freight vehicles, and such damage results in significant street maintenance costs borne by the city and its taxpayers. Amend KCC Chapter 75.O4 - Re: Trucki ng-I nte nsive Uses 2 E. The City of Kent has seen an acceleration in development of truck-intensive land uses including retrofitting existing warehouses to increase the capacity and volume of truck utilization, The City is also aware of increased real estate speculation on bulk warehouse properties in the Kent Valley, These properties generally include facilities in excess of 100,000 square feet in size, with a ratio of dock high doors at less than one per 5,000 square feet of building area. Additionally, building footprint sizes are increasing, which, similar to big-box retail, may point to an overspecialized building type. This overspecialization may work for a particular use that is very marketable in the short term, but may limit adaptability to other uses in the future as the economy changes. F. These changes in the real estate market and proliferation of industrial product development are creating significant or adverse impacts on city roads and infrastructure, transit and pedestrian connections, and the overall city vision for an economically healthy and fiscally sustainable mix of uses. Without specifically crafted regulations for such large, trucking-intensive developments, there is substantial risk that the Kent industrial valley could suffer long-term and adverse economic consequences. G. Proper planning for growth also requires addressing the capacity of current and future public facility needs. City revenue associated with trucking-intensive uses has declined precipitously in recent decades due to a change in state sales tax structure (known as Streamlined Sales Tax, or *SST'). Whereas wholesale and related e-commerce uses previously generated significant sales tax revenue for the city that helped offset the costs to city infrastructure, the SST change to a destination- based local sales tax system in 2008 substantially diminished this source of tax revenue. The city now bears all the road maintenance costs associated with heavy freight use, with severely depleted resources and few options for generating more income. This fiscal position strains the Amend KCC Chapter 75.O4 - Re: Trucking-Intensive Uses 3 city's ability to maintain roadway infrastructure and the required level of service for city programs and responsibilities generally. H. The Kent Industrial Valley, and the Industrial Park (M1, M1-C) district in particular, contains significant city investment in the form of levees, roads and utility infrastructure to prevent flooding and facilitate development. This land, whether undeveloped, redevelopable, or built with high quality development, is an asset to the city as a whole in its potential for economic return, quality jobs, or other contributions to the public realm, These assets and investments are now threatened by the combination of strong market demand for building types which support uses that do not contribute to city revenue in a manner commensurate with the need for infrastructure maintenance that they create, and outdated land use regulations that allow such building types to develop without regard for their substantial impacts. I. The city very recently embarked on its subarea planning effort known as "Rally the Valley" (Rry). The intention for RTV is to to better understand the costs, analyze potential policy or program changes, and recommend a new, more nuanced direction for Kent's policies toward industrial land, taking into account the classifications within warehouse and industrial real estate products, and their ability to meet different user demands, J. Engagement with existing businesses in the valley has pointed to the need for more pedestrian-scale infrastructure and a more safe and inviting public realm for workers. Large footprint uses affect the city's ability to provide for pedestrian-scale infrastructure by creating impermeable sites with long distances that are not navigable on foot. While the exact nature of the needed pedestrian connections is not yet determined, and is being explored through RTV, there is a threat to the Amend KCC Chapter 75.O4 - Re: Trucking-Intensive Uses 4 ability of the city to move in the direction of better pedestrian connections if more large footprint uses develop before RTV is completed. K. The RTV work plan item is underway and will conclude in 2020.It is anticipated that zoning and development regulation changes will be adopted as a result of this effort, as well as capital project recommendations. While trucking-intensive and land consumptive uses are unlikely to be entirely prohibited as a result of RTV recommendations, strategic regulations with tighter distinctions are warranted. With these regulations under development now, there is a risk that certain options or opportunities may be precluded in the interim by the development or redevelopment of parcels within the RTV study area. This would substantially impede the city's ability benefit from the informed and coordinated growth strategies identified through the RTV effort. L. The City desires to see the Kent industrial valley's economic potential realized to the maximum extent possible. To that end, ensuring that buildings that support trucking-intensive land uses are developed in accordance with a fully informed subarea plan is critical to ensuring the long-term economic sustainability of the industrial valley and to identify and catalyze appropriate development. M. If interim zoning regulations for the development of trucking- intensive facilities of this nature are not imposed, such development could severely impact effective long range planning anticipated as part of the Rally the Valley program and resulting subarea plan, and may also result in significantly decreased realization of the vision therein. N. It is in the best interests of the health, safety, and welfare of the current and future residents of Kent to enact interim zoning regulations Amend KCC Chapter 75.O4 - Re: Trucking-Intensive Uses 5 relating to the siting and development of trucking-intensive uses within the industrial valley. O. Allowing the planning or design of trucking-intensive land uses to continue before the City Council can fully adopt new regulations or revise existing regulations specific to those land uses could result in irreversible damage to the City that would be contrary to the comprehensive planning efforts currently underway. P, Through its Rally the Valley program, the city is exercising special care and attention in evaluating, considering, and developing appropriate regulation that satisfactorily addresses the significant fiscal impacts of trucking-intensive land uses and meets the city's goal of encouraging economic development and being mindful of the capacities of pu bl ic infrastructu re. a. The city has a strong interest in fostering a vibrant and productive economic environment and a growth management goal to promote economic opportunity within the city through land use planning. Without immediate interim zoning, the City's acceptance, processing, and approval of development applications related to trucking-intensive land uses would create a substantial risk of rendering moot the extensive planning beginning now and negatively impacting the future viability of the Kent industrial valley. R. Based on the above, the City Council concludes that immediate interim zoning addressing trucking-intensive land uses in the M1 and M1-C zoning districts is required. To protect the health, safety, and welfare of the community it is necessary to establish such zoning in order to prevent the acceptance, processing, and approval of development Amend KCC Chapter 75.O4 - Re : Tru c k i ng - I nte ns ive Uses 6 applications related to trucking-intensive land establishment of proper and reasonable regulations, uses prior to the NOW, THEREFORE, THE CITY COUNCIL OF THE CIry OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 7. - Preliminary Findings. The recitals set forth above are hereby adopted as the city council's preliminary findings of fact in support of the interim zoning controls imposed by this ordinance. The city council ffidy, in its discretion, adopt additional findings of fact at the conclusion of the public hearing referenced in this ordinance; provided, if after a public hearing, no additional findings of fact are adopted, the preliminary findings of fact shall become the final findings of fact of the city council without further action. SECTION 2. - Interim Zoning Imposed. Pursuant to the provisions of Article XI, Section 11 of the Washington State Constitution, RCW 35A.63.220, and RCW 36.70A,390, an interim zoning ordinance is hereby adopted and the Kent City Code is amended as set forth in Sections 3,4, 5, and 6 of this ordinance. SECTION 3. - Amendment Section 15.04.040 of the Kent City Code, entitled "Manufacturing Land Uses" is amended as follows: /See Following Pagel Amend KCC Chapter 75.O4 - Re: Trucking-Intensive Uses 7 N :. =@o6' =.6 POV] U il il il ile>c)(DT 6 6 -s.< 6 6-< --o T;-c@ o=a@ =(no I@= od C o A-10 AG SR-1 SR.3 sR-4.s sR-6 sR-8 MR-D MR-TI2 MR-T16 MR.G MR-M MR.H MHP NCC cc DC DCE MTC.l MTC-2 MCR cM-1 cM-2 GC M1 M1-C M2 M3 I qz? atdsf 5qoc 5F q dpE€ a,=' EE_ = 9E3*6E.8I 9.s oa G! G! 6!c g GEe =oG! 6gq< &€ a= o_ f, d'@9Ad sPD= a= a-2 E9+:4FE F3 :o,2 "o. -5q9 aqze-o-dq e=E ='doF If o 5 @*o BE=o*odD Q<a !9:,E q qo(6 I oi6 oc6 6,4 Z :d6= @=Q-paEP ^.ox<do.la 60G! @p cI 6' ==I I =o +oo G- 9ro =-'I sfa adoeE ooCo GO GO GO :o c) f poo a oo! 5^ aa;o3a =Dfo D E ooE ec) o= =. ad -ao^ -O_=o€=o ==o s! 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IoNoaoc co 6t =o I =oc o @ Q> G> G> 6> 6> Q> Q> -o-> E=^ Effd =S =.<-Q d€dF5.d 6' R8P c osEAq I s- oo P ts 9roios P 3o Jtr -hofl?itr =.) ro l-o ct Cooo @ ilr {O Hi.FAi.o6o $s:orat! dE5; Fhhr Warehousing and distribution lacilities P l22J c (31) P (16) P (1 6) P 06) 134) P (16) (34) 6) P (1 P l24l c (1) Rail-truck transfer uses c (13) c (17) c (1 7) P (18) P 0l) c {1) Outdoor storage (including truck, heavy equipment, and contractor storage yards as allowed by development standards, KCC 15.04.190 and 15.04.195) (2\ P P c P c (1) Miniwarehouses self-storage P (1e) P (13) P (1e) P (1s) Manufacturing ol soaps, detergents, and olher basic cleaning and cleansing preparations P (2) c c (1) Manufacturing of plastics and synthetic resins P (2\ c P c (1) Manufacturinq of synthetic and natural liber and cloth P (2) c P c (1) Manulacturing of plywood, composition wallboard, and similar structural wood products P (2) c P c (1) Manufacturing ol nonmetallic mineral products such as abrasives, asbestos, chalk, pumice, and putty c P c (1) Manufacturing of heat-resisting or structural clay products (brick, tile, or pipe) or porcelain producls P (2) c P c 0) Manufacturing of machinery and heavy machine tool equipment for general industry and mining, agricultural, construction, or service industries P (2) c P c (1) Manufacturing, processing, assembling, and packaging of articles, products, or merchandise made from previously prepared natural or synthetic materials P (20) {261 {28) P (20) (26) (28) P (20) (26) (28) P c 0) Manulacturing, processing, treating, assembling, and packaging of articles, products, or merchandise from previously prepared fenous, nonferrous, or alloyed metals P (2t P (20) (26) (20) 126) P (20) (26) P (26) c (1) Complexes which include a combination of uses, including a mixture of office, storage, and light manufacturing uses P (2) {33) P P Accessory uses and shuctures customarily appurtenant to a permitted use (2t) l32j (32)(32)\32)(32)(e)(s)(10)(10){10)(10)(10)(e){e)(e)(6)(6)(6)(6) lmpound lots c c (1) 9 Amend KCC Chapter 75.O4 - Re: Trucking-Intensive Uses 1 [End KCC 15.04.040.] SECTION 4. - Amendment. Section 15.04.050 of the Kent City Code, entitled "Manufacturing Land Use Development Conditions" is amended as followsr Sec. 15.O4.O5O Manufacturing land use development conditions. The following uses require a conditional use permit: a. Manufacture of such types of basic materials as follows: i, Gum and wood chemicals and fertilizers, and basic industrial organic and inorganic chemicals or products such as alkalis and chlorine, industrial and liquid petroleum, gases, cellophane, coal tar products, dyes and dye products, impregnated products, tanning compounds, and glue and gelatin. ii, Hydraulic cement, concrete, gypsum, lime, carbon, carbon black, graphite, coke, glass, and similar products. b. Manufacture of products such as the following: i. Ammunition, explosives, fireworks, matches, photographic film, missile propellants, and similar combustibles, ii, Rubber from natural, synthetic, or reclaimed materials. iii. Paving and roofing materials or other products from petroleu m derivatives. c, Refining of materials such as petroleum and petroleum products, metals and metal ores, sugar, and fats and oils. d. Distilling of materials such as bone, coal, coal tar, coke, wood, and other similar distillates. Amend KCC Chapter 75,O4 - Re : T ru cki n g -I nte ns ive Uses 10 e Heavy metal processes, such as ore reduction or smelting, including blast furnaces, and including drop forging, drop hammering, boiler plate works, and similar heavy metal operations: i. Asphalt batching plants. ii. Concrete mixing and batching plants, including ready- mix concrete facilities. iii. Rock crushing plants and aggregate dryers. iv. Sandblasting plants. Animal and food processing, including the following and similar operations: i, Tanning, dressing, and finishing of hides, skins, and fu rs. ii. Meat and seafood products, curing, canning, rendering, and slaughtering. iii. Nitrating of cotton and other materials. iv, Rendering of animal grease or tallow, fish oil, and similar materials. v. Slaughtering, stockyard, feedlot, dairy, and similar operations. vi. Pickling and brine curing processes. vii. Wholesale produce markets. Salvage, wrecking, and disposal activities, including the following and similar operations: i. Automobile and building wrecking and salvage. ii. Salvage of industrial waste materials such as metal, paper, glass, rags, and similar materials. iii. Sewage disposal and treatment plants. iv. Dump and sump operations for such uses as rubbish, garbage, trash, and other liquid and solid wastes. Storage of the following kinds of goods: Amend KCC Chapter 75,O4 - Re: Trucking-Intensive Uses f g h 11 tv. Bulk storage of oil, gas, petroleum, butane, propane, liquid petroleum gas, and similar products, and bulk stations and plants. Used building materials, mover's equipment, relocated buildings, impounded vehicles, and similar materials. Explosives or fireworks, except where incidental to a principally permitted use, Fertilizer or manure. 2. Light manufacturing is permitted in the Downtown Commercial Enterprise District as follows: a. Laboratory and related industrial research and development uses are permitted, including such uses as hardware or robotics testing, industrial showrooms and training facilities for industrial machinery, b, Operations of sorting, packaging, recycling or distribution are not permitted except as accessory uses to the on premise manufacturing. c. Heavy industrial uses that have significant external impacts such as noise, olfactory pollution, or vibration, such as those listed in KCC 15.04.050(1) are not permitted. d. All processing, fabricating or assembly of products (i.e., light manufacturing) takes place wholly within an enclosed building. i, Assembly is defined as creation of a component or end item made from a number of parts and subassemblies. This does not include the putting together of kits, gift baskets, or packaging items produced elsewhere for purposes of e-commerce or wholesale trading, e. Storage is limited to items consumed, produced or altered on the premises. Amend KCC Chapter 75.O4 - Re : Trucki ng-I ntensive Uses L2 f i. Outdoor storage shall only be allowed as an accessory use to another principal use. A. The material(s) being stored shall not exceed 12 feet in height at any point. B. The material(s) being stored shall be wrapped or enclosed to prevent wind-blown debris. C. The storage area shall not exceed 15 percent of the building footprint or 5 percent of the lot area, whichever is less. D. Outdoor storage shall be screened from public view from Class A and B streets (as defined in the Downtown Design Guidelines) and from trails by Type I landscaping and minimum 6-foot tall fence or wall. E. Outdoor storage shall be sited to minimize visibility. Truck storage is only permitted as an accessory use to a principally permitted use on sites 2.5 acres or larger that also have access to a principal arterial or higher classification roadway within 500 feet of the property, or as otherwise approved by the director. Areas designated for truck parking or loading shall be concealed from view along public streets or trails, Dock-high doors for truck loading are permitted at a ratio of one door per 25,000 square feet of building area. Dock-high loading doors shall be set back, recessed and/or screened so as not to be visible from adjacent local streets or residentia I properties. The office portion of a manufacturing use shall be adjacent to the public street with the highest classification. Amend KCC Chapter 75.O4 - Re: Trucki ng-I ntensive Uses g h 13 Buildings must have entries on abutting Class A and B streets (as defined in the Downtown Design Guidelines) and those entries shall include substantial fenestration on the associated fagade, to emphasize the entry. 3. Small scale light manufacturing operations as follows: stamping, brazing, testing, electronic assembly, and kindred operations where the building, structure, or total operation does not encompass more than 10,000 square feet of area. The 10,000-square-foot total shall include all indoor and outdoor storage areas associated with the manufacturing operation. Only one 10,000-square-foot manufacturing operation shall be permitted per lot. 4. Conditional use for manufacturing of paint, but manufacturing of paint is permitted outright in the M3 zone. 5. Contractor shops where most of the work is done on call, and which do not rely on walk-in trade, but where some incidental storage or semi- manufacturing work is done on the premises, such as carpentry, heating, electrical, or glass shops, printing, publishing, or lithographic shops, furniture, upholstery, dry cleaning, and exterminators. 6. Accessory uses include sales of product accessory to and directly related to the manufacturing or warehousing use on the site. 7. For permitted uses, accessory hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Chapter tL.O2 KCC, subject to the provisions of KCC 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district, Fuel farm facilities are not allowed in AG or A-10 zones, Amend KCC Chapter 75,O4 - Re: Trucking-Intensive Uses J 74 8. For permitted uses, hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Chapter LL.O2 KCC and which do not accumulate more than 5,000 pounds of hazardous substances or wastes or any combination thereof at any one time on the site, subject to the provisions of KCC 15.08.050, except offsite hazardous waste treatment or storage facilities, which are not permitted in this district. 9. Includes incidental storage facilities and loading/unloading areas 10. Includes incidental storage facilities, which must be enclosed, and loading/unloading a reas. 11. Including rail-truck transfer uses, except classification yards in the category of "hump yards." t2. For permitted uses, accessory hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Chapter LL.02 KCC, subject to the provisions of KCC 15.08.'050. Offsite hazardous waste treatment or storage facilities are not permitted in this district, except through a special use combining district, 13. Conditional use permit required for trucking terminals and rail-truck transfer uses. L4. For permitted uses, accessory hazardous substance land uses, including onsite hazardous waste treatment or storage facilities, which are not subject to cleanup permit requirements of Chapter It.02 KCC, subject to the provisions of KCC 15.08.050, except offsite hazardous waste treatment or storage facilities, which require a conditional use permit in this district, 15. The following require a conditional use permit: Amend KCC Chapter 75.O4 - Re: Trucking-Intensive Uses 15 Offsite hazardous waste treatment or storage facilities, subject to the provisions of KCC 15.08.050. Any hazardous substance land use that is not an accessory use to a principally permitted use. 16, Warehousing and distribution facilities and the storage of goods or products, except for those goods or products specifically described as permitted to be stored only as conditional uses in the M3 district. t7. Conditional use for car loading and distribution facilities, and rail- truck transfer uses. 18. Warehousing and distribution facilities and the storage of goods or products, including rail-truck transfer uses. 19. Miniwarehouses are limited to 40% of the gross leasable area of the building in which the miniwarehousing use is located, and cannot be located on the ground floor. For purposes of this title, miniwarehouses means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property on a self-service basis, but does not include a garage or other storage area in a private residence. 20. Prohibited are those manufacturing activities having potentially deleterious operational characteristics, such as initial processing of raw materials (forging, smelting, refining, and forming). 2t. The ground level or street level portion of all buildings in the pedestrian overlay of the DC district, set forth in the map below, must be retail or pedestrian-oriented. Amend KCC Chapter 75.O4 - Re: Trucking-Intensive Uses a b 16 Gowe Etr(\l E(E e =Gtr 6 co(, Pedestrian-oriented development shall have the main ground floor entry located adjacent to a public street and be physically and visually accessible by pedestrians from the sidewalk, and may include the following uses: a. Retail establishments, including but not limited to convenience goods, department and variety stores, specialty shops such as apparel and accessories, gift shops, toy shops, cards and paper goods, home and home accessory shops, florists, antique shops, and book shops; b. Personal services, including but not limited to barber shops, beauty salons, and dry cleaning; c. Repair services, including but not limited to television, radio, computer, jewelry, and shoe repair; d. Food-related shops, including but not limited to restaurants (including outdoor seating areas and excluding drive-in restaurants) and taverns; e. Copy establishments; t. Professional services, including but not limited to law offices and consulting services; and g. Any other use that is determined by the economic and community development director to be of the same general Amend KCC Chapter 75.O4 - Re: Trucki ng-Intensive Uses t7 character as the above permitted uses and in accordance with the stated purpose of the district, pursuant to KCC 15.09.065, Interpretation of uses. 22. Permitted uses are limited to storage, warehousing, processing, and conversion of agricultural, dairy, and horticultural products, but not including slaughtering, meat packing, and fuel farm facilities. 23. Excluding slaughtering, rendering, curing, or canning of meat or seafood products. 24. Except for those goods or products specifically described as permitted to be stored as conditional uses. 25. Excluding explosive fuels and propellants 26. Excluding predominantly drop forge and drop hammer operations. 27. Other accessory uses and buildings customarily appurtenant to a permitted use, except for onsite hazardous waste treatment and storage facilities, which are not permitted in residential zones. 28. Excluding paint boiling processes 29. Limited to 25 percent of gross floor area, Reference KCC 1s.04.080(s). 30. Retail or services uses which exceed the 25 percent limit on an individual or cumulative basis shall be subject to review individually through the conditional use permit process. A conditional use permit shall be required on an individual tenant or business basis and shall be granted only when it is demonstrated that the operating characteristics of the use will not adversely impact onsite or offsite conditions on either an individual or cumulative basis. Amend KCC Chapter 75,O4 - Re t Trucki ng-I ntensive Uses 1B 31. Reuse or replacement of existing structures for nonagricultural uses is allowed where it is shown that the existing structures are obsolete for agricultural use and will have no viable economic use unless they can be put to nonagricultural use. Any replacement structures must maintain or enhance the agricultural appearance of the property, Signs shall be limited to not more than 100 square feet in area per business, and of that amount, freestanding signs shall not exceed 40 square feet in area. No increase in the area of existing impervious surface shall be allowed in connection with a nonagricultural use. 32. Accessory structures composed of at least two walls and a roof, not including accessory uses or structures customarily appurtenant to agricultural uses, are subject to the provisions of KCC 15.08.160. 33. All uses within a complex must be principally permitted uses within the zoning district. ?A l\larer hr rilr{inac rnd =r{rli}innc }n hr rilrlinnc /rracfad sflar Anril ? ?n1O\ are limited to no more than one dock-high loading door per 40,000 square feet of gross floor area; however, for buildings less than 40,000 square hrrilrlinnc ic lirnitorl trt 1)q nnn crrrrara faaf SECTION 5. - Amendment Section 15.04.190 of the Kent City Code, entitled "Commercial and industrial zone development standards," is hereby amended as follows: [See Following Page] Amend KCC Chapter 75.O4 - Re: Trucking-Intensive Uses 19 Zoning Districts (J Uz (,o I H Q (J F (J F I U (.) U U l\4inimum lot area: square feet or acres, as noted '10,000 sqft 10,000 sqft 5,000 sqft (1) (66) 5,000 sqft (66) 7,500 sqft 7,500 sqft 7,500 sq ft 1 0,000 sqft 10,000 sqft 10,000 sqft (66) acre 10,000 sqft 20,000 sqft 1 s,000 sqft 1 acre Maximum site coverage: percent of site 400k 400/1 00%1000/"80%100%80v"50%40vo 600/0 60%650/o 75Vo 60y. i/inimum yard requirements: feet Front yard 10 ft 15ft (2)(3)20ft (68)20ft 15 ft 1sft 20ft (5)(5)(6)(7\(5) Side yard (e)(e)(2)(3)(68) (1 0) (68) (10) (68) (1 0) (1 0)(1 0)(1 0)(12)(12)(1 3)(14)(12\ Side yard on flanking street of corner lot (17)(17)(1 7)(18)(17) Rear yard (8)20ft (2)(3)(68) (1 e) (68) (1 e) (68) (1 e) (1e)(1 s)(1 e) (2\ (20)(20],(21]'(211 (20) Yards, transitional conditions (23)(23)(24)(25)(23\ Additional setbacks (2e)(2s)(2e) Height limitation: in stories/not to exceed in feet 2 sltyl 35ft 3 stry/ 40ft (30) 4 stry/ 60ft (32)7 stry/65 ft (6e) (70) 16 stry/200 ft (70) 16 stry/200 ft (70) 2 sltyl 35ft (30) 2 6ltyl 35ft (30) 2 styl 35ft (30) 2 stry/ 35 ft (35) 2 slryl 35ft (35) 2 slryl 35 ft (35) 2 sltyl 35ft (37) 2 stry/ ft (s5) Landscapinq The landscaping requirements of Chapter 1 5.07 KCC shall apply. (52)(52)(52) Outdoor storage (3e)(3e)(40) (41) (40) (41) (40)(43)(43)(44)(45) (51 ) (43) Signs The sign regulations of Chapter 1 5.06 KCC shall apply (60) Vehicle drive- through, drive- in, and service bays (46)(46)(46)(46)(46)(46)(46) Loading areas (47\ (48) (47) (48) (47) (4e) (47\ (51 ) (47) (48) Off-slreet parking The off-street parking requirements of Chapter 1 5.05 KCC shall apply. (57)(57)(57)(57){58)(58)(58)(57)(58) Design review (4X1 1) (1 5) (31 )(31)(71)(71)(71 )(4)(4N72\(4X11) (15) (721 Sec. 15.O4.L9O Commercial and industrial zone development standards. Amend KCC Chapter 75,O4 - Re: Trucking-Intensive Uses 20 o =.a s :, NCC cc DC DCE MTC-I MTC-2 MCR cM-l cM-2 cc MI Mt-c M2 M3 AG gE ^*9;!r ooooooosoNoo oo oo oo oo oo oo oo oo l..6.h.nrn.rees39e lro66oce9g3Ir9 rnf,a. xoo l-{ sras }*r \oI a84B(+o' o lu)e =* F\ =' IrI -: lr lila o-hi B-6 Fd glsroJ 33F3'-|ilFsld.o- d_ 13(!Jlo.n =' lf,dFrs =th: irt/)o,o 4.ol9 fJo_F cutER 4.6;ur OoE 3t+61fl(D ;6(l)f ft+Soa.? clo o56:oJg)o J1+ts14 gr ?toc|fAcra16Et gr 69cla9 t=6'33tDO-r'4.g ofct f ET trot+li o d Ct oo :- =J. fc 3 o o-tr -to()o -Io_ o-I ul ooo a _oco-to o"o(+ €:t-')o o-I |n' o ula OEco -I f=' 8- .d N) )t AE -o 9 6-qJi.rro-o (J -a(oobo XAfoof 9. E o'o tJlaO-r(Do -oc f='oo o_ o_os€< JXo,td_)U,oO_(UOEe. ='(o ro f -orD-l o =ocr? =.a a+aads o(})occtq-- Itat/l8-3 o, .-roE ^8Eq= qO-=' 9, I er3. o!.o-:t 9oJvt'='oq=ao-='=o6'l+J ;o,8iN)= Yo,a+oooxoo (,1'gtr Ja-Io'.j+ocr-Oo-(Ucoo=' = Ffii = 3 +oo€<f,(to o-o-rEdE(oz l='(I, d 8.4 oY-r€ "; .n. aO-q< a'66-.!. -r -oo-o- xoga Pd('r{/)A ;-' O-F9o!1Ao=ut)o-r-loo-:oo =oA'fxgB ==='+ ut =Joorf1&q Jo-r)<oo='I4,6 f(U-i -roJ-\Or)9(n=\ouo -F h' -.n()co-rl, =otn.#sfroi5- f-re3 ? L J; d(o-{33dE6-o(Do-+@ Nts tr {O\'Iili.o6o*s:!rfli! dE6; FRhr within Downtown or along Meeker Street from 64th Avenue South to Kent- Des Moines Road where they are subject to downtown design review pursuant to KCC 15.09,046. 5. The minimum front yard setback shall be related to the classification of the adjacent street. This classification shall be determined by the city transportation engineer. The setbacks are as follows: a, Properties fronting on arterial and collector streets shall have a minimum setback of 20 feet. b. Properties fronting on local access streets shall have a minimum setback of 20 feet. 6. The minimum front yard setback shall be related to the classification of the adjacent street. This classification shall be determined by the city transportation engineer. The setbacks are as follows: a. Properties fronting on arterials and collector streets shall have a minimum setback of 40 feet. b. Properties fronting on local access streets shall have a minimum setback of 30 feet. 7. The front yard shall be 10 percent of the lot depth, Regardless of lot size, the yard depth need not be more than 35 feet. 8. No side or rear yard is required, except when abutting a district other than NCC, in which case the yard shall be not less than five feet in width; provided, however, that if the abutting district or use is residential, then the yard shall be 10 feet in width and fully landscaped. Amend KCC Chapter 75,O4 - Re: Trucki ng-Intensive Uses 22 9. No side yard is required, except when abutting a more restrictive district, in which case the side yard shall be not less than 20 feet in width, 10. No side yard is required, except when abutting a residential district, in which case the side yard shall be not less than 20 feet in width. 11. All projects along Meeker Street from 64th Avenue South to Kent-Des Moines Road are subject to KCC 15,09,046 for downtown design review. t2. The side yards shall have an aggregate width of 10 percent of the lot width, but the aggregate width need not be more than 40 feet, There shall be a minimum of 15 feet on each side. 13. The side yards shall have an aggregate width of 10 percent of the lot width, but the aggregate width need not be more than 30 feet. There shall be a minimum of 10 feet on each side. L4. The side yards shall have an aggregate width of 10 percent of the lot width, but the aggregate width need not be more than 25 feet. There shall be a minimum of 10 feet on each side. 15. Design review for mixed use development is required as provided for in KCC 15.09.0a5(F); see KCC 15.04.200 for mixed use development standards. 16 Nprru hrrilrlinnc anrl addifinnq tn hr rildinnc frreqfed aflar Anril 2 2019) are limited to no more than one dock-high loading door per 40.000 square feet of gross floor area; however, for buildings less than 40,000 Amend KCC Chapter 75.O4 - Re: Trucking-Intensive Uses 23 square feet, one dock-high loading door is permitted. The footprint area of naur hr rilrlinnc ic lirnitad fn 1 2E OOO cnr rara faef f*eserve+h 17. The minimum side yard on the flanking street of a corner lot shall be related to the classification of the adjacent street. This classification shall be determined by the city transportation engineer, The setbacks are as follows: a. Properties fronting on arterial and collector streets shall have a minimum setback of 40 feet. b. Properties fronting on local access streets shall have a minimum setback of 30 feet. 18. The side yard on the flanking street of a corner lot shall be at least 10 percent of the lot width, unless the 10 percent figure would result in a side yard of greater than 20 feet, in which case the side yard need not be more than 20 feet. 19. No rear yard is required, except when abutting a residential district, in which case the rear yard shall be not less than 20 feet in width. 20. No rear yard is required, except as may be required by other setback provisions of this section. 2L. No rear yard is required, except as may be required by transitiona I conditions. Amend KCC Chapter 75.O4 - Re: Trucking-Intensive Uses 22. IReserved]. 24 23. Transitional conditions shall exist when an industrial park M1 or M1-C district and AG district adjoin a residential district containing a density of two dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes intervening use such as a river, freeway, railroad main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than 50 feet shall be provided. 24. Transitional conditions shall exist when an M2 district adjoins a residential district containing a density of two dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, freeway, railway main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than 50 feet shall be provided. 25. Transitional conditions shall exist when an M3 district adjoins a residential district containing a density of two dwelling units or more per acre or a proposed residential area indicated on the city comprehensive plan. Such transitional conditions shall not exist where the separation includes an intervening use such as a river, railroad main line, major topographic differential, or other similar conditions, or where the industrial properties face on a limited access surface street on which the housing does not face. When transitional conditions exist as defined in this subsection, a yard of not less than 50 feet shall be provided. Amend KCC Chapter 75.O4 - Re: Trucking-Intensive Uses 25 26. IReserved] 27. [Reserved] 28. IReserved] 29. Development in the M1 or Ml-C district and AG district abutting the Green River, or Russell Road or Frager Road where such roads follow the river bank, shall be set back from the ordinary high-water mark of the river a minimum of 200 feet. Such setbacks are in accordance with the state Shoreline Management Act of L97L, and shall be no more or less restrictive than the Shoreline Management Act. 30. The economic and community development director shall be authorized to grant one additional story in height, if during development plan review it is found that this additional story would not detract from the continuity of the area. More than one additional story may be granted by the land use and planning board. 31, shall apply The downtown design review requirements of KCC 15.09.046 32. No maximum height limit is required, except for parcels located within a downtown commercial enterprise - transitional overlay (DCE-T), where the height limit is 35 feet. See also the downtown design review criteria outlined in KCC 15.09,046. 33. IReserved]. Amend KCC Chapter 75,O4 - Re : T ru ck i n g - I nte nsive Uses 34. IReserved]. 26 35. Beyond this height, to a height not greater than either four stories or 60 feet, there shall be added one additional foot of yard for each one foot of additional building height. The economic and community development director shall be authorized to approve one additional story, provided such height does not detract from the continuity of the industrial area, and may impose such conditions as may be necessary to reduce any incompatibility with surrounding uses. Any additional height increase may be granted by the land use and planning board. IReserved] 37. The height limitation is two stories or 35 feet. Beyond this height, to a height not greater than either four stories or 60 feet, there shall be added one additional foot of yard for each two feet of additional building height. The economic and community development director shall be authorized to approve one additional story, provided such height does not detract from the continuity of the industrial area, and may impose such conditions as may be necessary to reduce any incompatibility with surrounding uses. Any additional height increases may be granted by the land use and planning board. 38. IReserved] 39. Outdoor storage areas are prohibited. 40. Outdoor storage areas shall be fenced for security and public safety by a sight-obscuring fence unless it is determined through the development plan review that a sight-obscuring fence is not necessary, Amend KCC Chapter 75.O4 - Re: Trucking-Intensive Uses 27 4L. Any unfenced outdoor storage areas shall be paved with asphaltic concrete, cement, or equivalent material to be approved by the city engineer, 42. IReserved]. 43. Outside storage or operations yards in the M1 or M1-C district and AG district shall be permitted only as accessory uses. Such uses are incidental and subordinate to the principal use of the property or structure. Outside storage or operations yards shall be confined to the area to the rear of the principal building or the rear two-thirds of the property and reasonably screened from view from any property line by appropriate walls, fencing, earth mounds, or landscaping. Outside storage exceeding a height of 15 feet shall be so placed on the property as to not detract from the reasonably accepted appearance of the district. 44. Outside storage or operations yards shall be confined to the area to the rear of a line which is an extension of the front wall of the principal building, and shall be reasonably screened from view from any street by appropriate walls, fencing, earth mounds, or landscaping. 45. Outside storage or operations areas shall be fenced for security and public safety at the property line. 46. Wherever feasible, drive-up/drive-through facilities shall be accessed from the rear of a site and run along an interior lot line or building elevation. Landscaping, sufficient to soften the visual impact of vehicle stacking areas, may be required. Amend KCC Chapter 75.O4 - Re : Trucki ng-Inte nsr-ve Uses 28 47. Loading areas must be located in such a manner that no loading, unloading, or maneuvering of trucks associated therewith takes place on public rights-of-way, 48. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of 36 inches and a maximum of 42 inches in height. Landscaping located on the berm shall conform to type III landscaping as described in KCC 15.07,050. 49. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of 30 inches in height. Landscaping located on the berm shall conform to type III landscaping described in KCC 15.07.050 pertaining to visual buffers. 50. Development plan approval is required as provided in KCC 15.09.010. 51. Earth berms and landscaping shall be provided along street frontages as necessary to screen dock-high loading areas from public rights-of-way. Berms shall be a minimum of 20 inches in height. Landscaping located on the berm shall conform to type III landscaping described in KCC 15.07,050 pertaining to visual buffers. 52. Where building walls face adjacent streets and are unfenestrated for more than 40 feet at any point along the facade, additional landscaping shall be required to reduce visual impacts. In such circumstances, type II landscaping, ds defined in KCC 15.07.050, shall be required; provided, that evergreen trees shall be at least 10 feet in height Amend KCC Chapter 75.O4 - Re : T r u c k i n g - I n te nsr'rze Uses 29 and deciduous trees shall be a minimum of two-inch caliper at the time of pla nting. 53. Predominant activities and operations shall be completely enclosed within buildings or structures, except for customary appurtenances such as loading and unloading areas, or where special conditions are imposed pursuant to the approval of a conditional use permit. The economic and community development director shall be authorized to determine the reasonable application of this provision in cases of operational hardship or other showing of uncommon circumstances. 54. Multitenant buildings shall be permitted 55. All required yards, parking areas, storage areas, operations yards, and other open uses on the site shall be maintained in a neat and orderly manner appropriate for the district at all times. The economic and community development director shall be authorized to reasonably pursue the enforcement of this subsection where a use is in violation, and to notify the owner or operator of the use in writing of such noncompliance. The property owner or operator of the use shall be given a reasonable length of time to correct the condition. 56. The performance standards as provided in KCC 15.08.050 shall apply. 57. Off-street parking may be located in required yards except in areas required to be landscaped. 58. Those areas not required to be landscaped may be used for off-street parking. Amend KCC Chapter 75.O4 - Re : T ru cki n g- I nte n sive Uses 30 59. IReserved]. 60. Signage on commercial uses in the M1-C zone shall be as specified in KCC 15.06.050(8). Signage on industrial uses in the Ml-C zone shall be as specified in KCC 15.06.050(H). 61. IReserved]. 62. Parking should be located either next to or behind the building. Parking should not be placed between the street and the building. 63. A direct pedestrian connection shall be provided from the street to the building. 64. Screening by either an enclosure and/or evergreen landscaping shall be provided for mechanical equipment, service doors, and garbage areas. Rooftop equipment shall be enclosed with a parapet or similar design feature. 65. Structures shall be designed to maintain the residential character of the surrounding neighborhood. Modulating the building mass, adding dormer windows, covered entryways, or porches are ways to enhance the human scale and provide a residential dimension to structures. 66. Minimum lot area requirements do not apply to multifamily development in the Kent downtown planning area identified in KCC 15.09.046. Amend KCC Chapter 75.O4 - Re: Trucking-Intensive Uses 31 67. Within the downtown commercial enterprise transitional overlay (DCE-T), downtown design review guidelines regarding balconies and/or upper floor setbacks (sections III.B and IILC) are required elements, not optional elements. 68. No yard, except as required by landscaping, or if surface parking is provided onsite. See the Midway Design Guidelines and KCC 15.09.045. 69. The height limitation of new construction in MTC-1 zoning district abutting a residential district shall be 35 feet in height within 20 feet from the residential district and 45 feet in height within 40 feet from the residential district. 70. New construction shall conform to applicable Federal Aviation Administration regulations, including L4 C.F.R. Part 77, as presently constituted or as may be subsequently amended. 7L. The transit-oriented community design review requirements of KCC 15.09.045(G) shall apply. 72. Transitional housing with three or more families outside of Downtown is subject to multifamily design review as provided in KCC 1s,0e.04s(D). SECTION 7, - Effective Period for Interim Zoning. In accordance with RCW 35A.63.22O and RCW 36,704.390, and commensurate with the city's Rally the Valley work plan, as well as the anticipated subarea plan, the interim zoning set forth in this ordinance shall be in effect for a period of twelve months from the date this ordinance is passed and shall Amend KCC Chapter 75.O4 - Re: Trucking-Intensive Uses 32 automatically expire at the conclusion of that twelve month period unless the same is renewed or terminated sooner by the city council. SECTION 8. - Public Hearing. Pursuant to RCW 35A,63.220 and RCW 36.704.390, the city council will hold a public hearing, at the city council's regular meeting, at 7:00 p,m. in Council Chambers, Kent City Hall, on April 16, 2OL9, or as soon thereafter as the business of the city council shall permit in order to take public testimony and to consider adopting further findings, SECTION 9. - Referral to Staff. In accordance with KCC 15.09.050, the city council hereby directs the planning director to propose land use regulations relating to trucking-intensive facilities for inclusion in the permanent zoning regulations or other provisions of the Kent City Code following the completion of the Rally the Valley work plan. This direction shall constitute the city council's resolution of intention in accordance with KCC 15.09.050, SECTION 70. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 77. - 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 72. - Effective Date - Public Emergency Declared. Pursuant to the preliminary findings, and in accordance with RCW Amend KCC Chapter 75.04 - Re: Trucking-Intensive Uses 33 35A.12.130, the city council hereby declares the existence of a public emergency and in order to protect the public health, safety, property, and peace, this ordinance shall be effective upon adoption by a majority plus one of the whole membership of the council. The city clerk is directed to publish a summary of this ordinance at the earliest possible publication date. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CIry CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR "PAT" FITZPATRICK, CIry ATTORNEY Amend KCC Chapter 75.O4 - Re : Tru c ki n g- I nte ns ive Uses 34 South 212th Street Bridge Deck Resurface Award April 2, 2019 S. 228th St. UPRR Grade Separation Bridge and Roadway Phase 5 Award 4/2/2019 Council Meeting S. 228th St. UPRR Grade Separation Bridge and Roadway Phase 5 Award 4/2/2019 Council Meeting Phase 3 Embankment Fill and Stone Columns Seismic WaterlineBridge Piers Phase 4 Phase 4 Work includes Water line, Embankment Fill, Stone Columns, Bridge Pier Shafts Remaining Walls and Embankment New Bridge Phase 5 includes the new bridge, remaining embankments, barriers, roadway and storm drainage Remaining Walls and Embankment Phase 5 Complete Embankment Construction Construction of New Bridge Construction of New Bridge Completion of Roadway, Barriers, Lighting, Etc. April 02, 2019 72nd Ave S, between S 277th St and S 262nd St 72nd Ave S, between S 277th St and S 262nd St 72nd Ave S, between S 277th St and S 262nd St SE 280th St and 128th Pl SE SE 280th St and 128th Pl SE 132nd Ave SE, between SE 256th St and SE 259th Pl 132nd Ave SE, between SE 256th St and SE 259th Pl 132nd Ave SE, between SE 210th St and SE 214th Wy S 202nd St, between 92nd Ave S and 93rd Pl S S 202nd St, between 92nd Ave S and 93rd Pl S 80th Pl S, between 80th Ave S and BNSF railroad Spur track 80th Pl S, between 80th Ave S and BNSF railroad Spur track Military Rd, between S Kent- Des Moines Rd and Bolger Rd Military Rd, between S Kent-Des Moines Rd and Bolger Rd Award 4/2/2019 PIPE ROUTE 30-INCH HDPE PIPE WITH BUTT FUSION JOINT CONNECTION BUTT FUSION MACHINE BUTT FUSED HDPE PIPE City of Kent Railroad Trespass Fencing Project Number: 10-3028.1 & .2 Contract Award Council Meeting April 2, 2019