HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 5/7/2019
Approved
Kent City Council
City Council Regular Meeting
Minutes
May 7, 2019
Date: May 7, 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
A. Approve the Agenda as Presented
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
4. PUBLIC COMMUNICATIONS
A. Public Recognition
1. Employee of the Month
Mayor Ralph recognized Kara Moore, Administrative Assistant II in the Public
Works Operations Department, as the City's May Employee of the Month.
Tim LaPorte, Public Works Director, expressed his appreciation of Moore
and the tremendous amount of work she does.
Dave Brock, Deputy Director of Public Works Operations, indicated Moore
does a wonderful job and he is fortunate to have her in the Operations
Division of Public Works. Brock expressed that Moore is being recognized
by her peers - the highest form of recognition that an employee can
Kent City Council City Council Regular Meeting
Minutes
May 7, 2019
Kent, Washington
Page 2 of 14
receive, and that she supports over 135 Public Works Operations
employees.
2. Proclamation for Music4Life Month
Mayor Ralph presented Linda MacIntosh, from the Kent Arts Commission and
Marge and Harry Williams and Hira Singh Bhueller from the Kent Rotary with
the Music4Life Proclamation. McIntosh provided details regarding the
program.
3. Proclamation for Affordable Housing Week
Mayor Ralph read the Proclamation for Affordable Housing Week.
4. Proclamation for National Police Week
Mayor Ralph presented Chief Rafael Padilla with the Proclamation for National
Police Week. Chief Padilla expressed his appreciation of the proclamation and
indicated that next week is a week set aside by the nation for law
enforcement offices to gather and participate in planned events which honor
those that have paid the ultimate sacrifice. Chief Padilla indicated a group
from the Kent Police Department will attend events that will honor Officer
Moreno and Detective Focht.
Chief Padilla expressed his appreciation of the public’s support of the Kent
Police Department. Chief Padilla thanked his officers for putting people first,
valuing people and valuing the mission. Chief Padilla indicated that he is
proud of the Kent Police Officers and that they are the finest officers in the
country.
Mayor Ralph indicated how important it is to recognize the sacrifices our
officers make to protect the community.
B. Community Events
Boyce advised of past and upcoming events at the accesso ShoWare Center,
including upcoming graduations.
Councilmember Kaur invited the public to attend the Kent International
Festival on May 18th at the accesso ShoWare Center. The Festival is a
celebration of cultural diversity. The event is free.
Kaur expressed her appreciation of the Kent Police Department’s work to
make the Khalsa Day celebration and parade on May 4th a safe and fun
event for the public.
Councilmember Fincher invited the public to attend the Fishing
Experience, hosted by the rotary Club of Kent and City of Kent Parks
Department that will be held on May 18th at the Old Fishing Hole near
Riverbend Golf Course.
Kent City Council City Council Regular Meeting
Minutes
May 7, 2019
Kent, Washington
Page 3 of 14
5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
Mayor Ralph advised that Sound Transit is in the process of selecting a site
for the Operations and Maintenance Facility. One of the six sites is the Kent
transit-oriented-development site, commonly known as the Lowe’s/Dick’s
site. Kent does not believe the Operations and Maintenance Facility fits in
Kent or in Sound Transit’s plan. The City has been working with the Sound
Transit Board and public to have the Lowe’s/Dick’s site removed from the list.
Sound Transit’s board will make their final decision on May 23rd.
Council President Boyce provided a review of the two workshop presentations
from tonight that included the 2018 Financial Wrap up and 2019 Traffic
Sustainability.
Boyce serves on the Sound Cities Association Public Issues Committee that
will meet on May 8th.
Councilmember Larimer serves on the Sound Cities Association Advisory
Council on Aging and Disability Services that will meet on May 10th.
Councilmember Troutner serves on the Sound Cities Association Regional
Law, Safety and Justice Committee that will meet on May 23rd.
Councilmember Troutner chairs the City’s Public Safety Committee that will
meet on June 11th.
Councilmember Fincher serves on the Sound Cities Association King
Conservation District Advisory Committee, that will meet on May 15th.
Councilmember Fincher serves on the Sound Cities Association Mental Illness
and Drug Dependency Oversight Committee. During the last meeting there
was a presentation on mental health care for older adults.
Councilmember Fincher serves on the City’s Arts Commission and invited the
public to visit the art gallery in the City’s Centennial Center. Fincher provided
details on the newly installed wraps on traffic controller boxes. Fincher
invited the public to participate in the latest Kent Creates contest
“Awakenings.” The deadline to submit art is June 30th.
Councilmember Higgins serves on the Sound Cities Association Regional
Transit Committee that met on April 2nd and heard presentations on equity
and mobility. Higgins indicated Metro is moving towards electrification of the
bus fleet. Metro is looking for a new bus base in Kent.
Councilmember Higgins chairs the City’s Public Works Committee that met
yesterday. Staff will present a timeline for quiet zone infrastructure during
the May 20th meeting.
Kent City Council City Council Regular Meeting
Minutes
May 7, 2019
Kent, Washington
Page 4 of 14
Councilmember Kaur serves on the Sound Cities Association Domestic
Violence Initiative Regional Task Force. During the May 2nd meeting, there
was a presentation on how to stop violence before it starts. The presentation
focused on teen dating. The committee is drafting a Proclamation for
Domestic Violence Awareness Month.
Councilmember Kaur chairs on the Sound Cities Association Puget Sound
Clean Air Agency Advisory Council that will meet May 8th.
Councilmember Thomas serves on the Puget Sound Regional Fire Authority
Governance Board that will meet on May 15th at 5:30 at station 78 in
Covington.
Councilmember Thomas chairs the City’s Operations Committee and directed
the public to the minutes of the meeting for details.
A. Chief Administrative Officer Report
Chief Administrative Officer, Derek Matheson conveyed that the City of Kent
will receive an award from the Association of Washington Cities for the DUI
therapeutic court.
Matheson indicated Kent will honor legislators for a successful 2019
legislative session. The City had five primary goals, and all were
accomplished with the support of legislators.
The Chief Administrative Officer’s report is in today’s agenda packet and
there is no executive session in tonight’s meeting.
6. PUBLIC HEARING
A. Trucking-Intensive Land Uses Interim Zoning Ordinance -
Public Hearing
Mayor Ralph provided a brief background of the interim zoning Ordinance No.
4320 that was passed on April 2, 2019.
• This interim zoning ordinance limits the size of new construction in the
M1 and M1-C zoning districts, and regulates development in those zones via
a “dock-high door” ratio to preclude the development of the most trucking-
intensive building types.
• The ordinance also directs staff to conduct a work plan which includes
the study and completion of a comprehensive subarea plan for the
manufacturing and industrial area of the valley.
• The ordinance was passed by a unanimous vote of the Council as an
emergency ordinance and became effective immediately.
• In accordance with state law, a public hearing must be held regarding
an interim zoning ordinance within 60 days of its passage.
• At the last Council meeting, the Council set today as the day for the
public hearing.
• This is a public hearing. There will be a presentation by staff, and
afterwards, the public will be permitted to provide comment and testimony.
Kent City Council City Council Regular Meeting
Minutes
May 7, 2019
Kent, Washington
Page 5 of 14
If any member of the public wishes to testify on this matter, please sign up
with the Clerk at the front table.
Mayor Ralph opened the public hearing for the Trucking-Intensive Land Uses
Interim Zoning Ordinance and called for the staff presentation.
• Hayley Bonsteel, Senior Long-Range Planner from the Economic and
Community Development Department gave brief presentation.
Bonsteel provided a review of the same presentation from the April 2, 2019
City Council meeting.
What we know:
• Trucking-intensive land uses such as warehousing and distribution
have significant impacts to city infrastructure
• Costs borne by city post-SST
• The Kent Industrial Valley is highly desirable for this type of land use
What we don’t know:
• Best way to regulate trucking-intensive land uses - that’s what work
plan is for. Need more information to properly assess.
General principles that we know:
• Diversification is good
• Overspecialized buildings types can become a problem if the market or
the sales tax structure changes
Details Ordinance No. 4320:
• M1, M1C
• Dock high doors - as proxy for trucking activity
• Square footage - as combo of trucking and size is the real issue
• This amendment is in place for one year and is related to the Rally the
Valley Subarea Plan
Why M1/M1C?
• City has assets in M1 and M1C zones - Existing office buildings. Want
to protect assets during planning process.
• High opportunity as compared to M2 and M3, which are generally
already built out with warehouse.
Why this approach?
• Trying to cast just the right size net to pause large footprint
warehouses without impacting manufacturing
How it applies
• New construction and expansions (but new expansion is counted on its
Kent City Council City Council Regular Meeting
Minutes
May 7, 2019
Kent, Washington
Page 6 of 14
own, not including existing square footage)
• If uses need to be rebuilt, that is grandfathered
• Does not regulate the use out of the zone - so existing uses are
unaffected
Rally the Valley work plan
· More than land use
· Programs, policies, partnerships, financial tools and fee structures
• 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 industrial real estate products and their ability to meet
different demands
• Making it a great place for industrial workers. Industrial jobs are a part
of our past, present and future and we need to support our existing uses by
this pause that helps preserve our ability to plan.
Until Rally the Valley is complete, we 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.
Bonsteel confirmed that this Ordinance is only about new construction for the
next year.
Bonsteel provided details regarding the impact of the change from origin-
based to destination-based streamlined sales tax distribution. Kent is
currently losing approximately $13 million per year.
Fincher pointed out that the loss of streamline sales tax has impacted the
funds used used to pay for police response, roads, emergency services and
utilities.
Public Hearing Speakers:
Peter Steinbrueck, Seattle Port Commissioner, Managing partner member of
the Northwest Seaport Alliance and member of the Growth Management
Planning Board of the Puget Sound Regional Council representing five
regional ports. Steinbrueck appreciates the short and long term financial
concerns of the City of Kent that have resulted from the streamline sales tax
changes. The Northwest Seaport Alliance and both ports have lobbied hard to
maintain existing sales tax backfill funds from the legislature.
Kent City Council City Council Regular Meeting
Minutes
May 7, 2019
Kent, Washington
Page 7 of 14
Steinbrueck is concerned that the interim land use restrictions on industrial
lands run contrary to meeting the region's long-term lands needs. The Port is
open to finding constructive approaches to addressing City's long-term
sustainable revenue needs with all available revenues. Concerns were
expressed regarding the one-year restriction - it could hamper near-term
options for importers. Steinbrueck is also concerned this ordinance sets
potential poor precinct for other jurisdictions to follow.
Steinbrueck detailed the Port of Seattle's investment to improve freight
mobility in Kent. The Northwest Seaport Alliance appreciates the City's
concerns over ongoing revenues. The land use changes in curtailing
warehouse logistics uses in the Kent Industrial Valley are not the only or the
best way to address this challenge. Steinbrueck suggested revenue options
that included LIDs and a Transportation Benefit District.
Steinbrueck looks forward to robust dialogue with the Mayor and Council.
Mike Pruett, a Renton resident with Segale Properties spoke in opposition to
the ordinance. Pruett indicated Segale is the most impacted property owner
by the interim land use ordinance. Pruett provided details regarding Segale's
Pacific Gateway properties. There are two properties left to develop - one is a
10.25-acre site that has a complete set of plans ready to submit to the City.
Segale has been in discussion with multiple developers on the second parcel,
a 38-acre site. Segale has millions invested in the properties.
Pruett has met with the Mayor, Council President Boyce and City staff to
discuss this ordinance and were invited to Rally the Valley advisory
committee. During that first meeting, the planners and consultants presented
three potential visions introducing mixed use development into the industrial
area. The advisory committee did not give a lot of positive feedback to
visions. There was no support of introducing multi-family potential uses into
the industrial area.
Pruett believes the interim ordinance should be lifted. He wants the Rally the
Valley process to continue, but believes it needs to be focused where mixed
use development is more appropriate and has a better chance of occurring.
This is a very important industrial distribution area - a huge economic engine
for the region. Kent should look at a user fee to address impacts.
Pruett (Segale Properties) submitted a letter dated May 7, 2019 RE: Interim
Zoning Ordinance No 4320 and "Rally the Valley" Planning Process to be
made a part of the record.
Bonsteel indicated that Kent does not currently have a specific vision of
mixed uses in the industrial valley. Rally the Valley will address identifying
mixed uses in the industrial valley.
Kent City Council City Council Regular Meeting
Minutes
May 7, 2019
Kent, Washington
Page 8 of 14
Nancy Rogers, a Mercer Island resident, is a land use attorney with
Cairncross & Hempelmann and is speaking on behalf of Segale Properties.
Rogers requested Council take action to repeal the interim ordinance. The
Rally the Valley planning process is a good idea and should continue, but
sees no reason for the ordinance to stay in effect. It is effectively a
moratorium on industrial distribution warehouses. Removing the moratorium
will allow the City to continue to plan without any major negative impacts on
industrial lands.
Rogers indicated the vast majority of industrial lands are already developed.
Kent serves an important role in providing industrial distribution. The
buildout of Segale's two parcels, which are negatively impacted by the zoning
ordinance, would represent less than 1% of the existing Kent Valley total.
Kent should repeal the ordinance and continue planning on the process to
help encourage as redevelopment occurs.
The moratorium is legally vulnerable, the way that it is being adopted, it
targets Segale and REI and is effectively leading towards a "spot zone" that
is illegal in the State of Washington. The ordinance was adopted for an
entire year, rather than a six month period. You are entitled to do that
under state law if you have a work plan. Rogers indicated the Rally the
Valley process, that is stated to be a work plan, does not meet the
requirement.
Rogers requested the Council repeal the interim zoning regulations tonight,
continue the Rally the Valley process, and continue to work with the
community, local government, industrial owners/operators to address
revenue issues.
Rogers (Cairncross & Hempelmann) submitted a letter dated May 7, 2019
RE: Request to Repeal Ord. No. 4320, Interim Zoning and Moratorium to be
made a part of the record.
Andera Reay, a resident of Burien, and president and CEO of the Seattle
Southside Chamber of Commerce, expressed hope that as Kent continues to
examine and study land goals, issues and constraints, that it consider the
Chamber a partner in finding complex solutions.
John Naylor, President of Western Distribution Services and current chairman
of the Seattle Southside Chamber of Commerce, spoke as the CEO of
Western Distribution. Naylor indicated he has reduced his presence in Kent
due to increased B&O taxes and will be moving out of Kent.
John Pietromoraco, a resident of Mercer Island and owner of Pietromoraco
Properties, indicated he owns property in Kent. Pietromoraco spoke on behalf
Kent City Council City Council Regular Meeting
Minutes
May 7, 2019
Kent, Washington
Page 9 of 14
of NAIOP Commercial Real Estate Development Association.
Pietromoraco requested Council Repeal the interim zoning regulations of
Ordinance No. 4320, Continue the Rally the Valley planning process, and
work with industry and land owners to explore direct solutions to fund road
maintenance in the City's industrial areas.
Pietromoraco submitted a letter dated May 7, 2019 from NAIOP Commercial
Real Estate Development Association to be made a part of the record.
Mayor Ralph indicated that no industrial jobs will be going away in the valley
as a result of the planning process.
Virginia Micholson, a Seattle resident and land use attorney representing a
land owner in the Kent valley, indicated her client will be negatively impacted
by this ordinance. Micholson requested the Council repeal the moratorium
and to continue to work with industry, the community and individual land
owners to come up with a better solution.
Mayor Ralph indicated there is not a moratorium in place, this is an interim
zoning ordinance that will allow the City to continue with the planning
process.
Timothy Peterson, a Kent resident, indicated wages have not kept up with
the price of housing and the tax revenue from the state is not taking care of
our City. Kent can't afford to pay for police to protect property. Petersen
expressed appreciation of the Council for continuing to take care of the
residents of Kent. Everyone needs to work together to come up with
solutions to find ways to pay for services.
Boyce, who chairs the City's Economic and Community Development
Committee and has served on it for eight years, indicated that revenue is
generated through business and he is pro-business. Boyce indicated the City
needed to introduce B&O taxes and then increase them. Boyce indicated the
City must be run like a business. Warehouses have been very good to the
City of Kent, but since the state changed the distribution of sales tax, the
City has had to make changes to its business model.
Boyce provided details regarding current and future streamlined sales tax
mitigation funds that will be received by the City.
Boyce stated we will not lose warehouse jobs and need to plan what the new
warehouses will look like and make adjustments. Boyce asked the public to
be patient and work with us as we move forward.
Larimer indicated this ordinance is about Kent's future and residents. The
Kent City Council City Council Regular Meeting
Minutes
May 7, 2019
Kent, Washington
Page 10 of 14
City needs to take the time to make the right decisions on development.
Thomas expressed his desire to have the businesses and staff work together.
Mayor Ralph summed up action taken and expressed her support for Council
action. Mayor Ralph reiterated that this ordinance only affects the M1 and
M1C zones and it is not changing underlying zoning of existing buildings. The
City needs to figure out how to support infrastructure.
Mayor Ralph agrees that time is an issue. This conversation should have
taken place 10 years ago. There is no plan to make the Kent valley a Kent
Station or Auburn Supermall - there will not be radical changes. The City
needs to consider introducing retail or commercial uses in various locations
that will help double the revenue to Kent which will allow us to provide parks,
road infrastructure and police services.
This interim zoning ordinance will push the pause button to allow for a
planning process.
Mayor Ralph is willing to meet with anyone who wishes to be a part of the
conversation. We need to take care of the city of Kent. Kent has lost $13 - 14
million per year in streamlined sales tax.
Mayor Ralph hopes to have a high-level recommendation by September for
comment.
Council President Boyce requested the committee to be efficient, but move
fast.
MOTION: (no action required)
B. Accept the documents submitted during the public hearing to be made
a part of the record
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
C. Close the Public Hearing
Kent City Council City Council Regular Meeting
Minutes
May 7, 2019
Kent, Washington
Page 11 of 14
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Les Thomas, Councilmember
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
7. PUBLIC COMMENT
Cheryl DeBruler, a resident of the Shadow Run neighborhood spoke in
opposition of the residential parking zone in their neighborhood. There are
exisiting no parking zones in neighborhood. DeBruler requested the City not
move forward with residential parking zone in Shadow Run
Kristine Dillon, a resident of Shadow Run development for 18 years.
Safety is an issue in the Shadow Run and Glencarin neighborhoods. She
was unaware that the no parking signs were not enforceable. Dillon
requested the City enforce the no parking signs.
Russ Hanscom, a Kent resident, expressed his appreciation of the past
work of Councilmember Fincher. Hanscom also expressed his appreciation
of the council members serving the residents of Kent. Hanscom requested
the City program the traffic signals near the railroad crossing gates to
have a red light when the crossing gates are down, and then a green light
for a couple of cycles when the crossing gates are up.
8. CONSENT CALENDAR
Councilmember Higgins spoke regarding Consent item D "Ordinance
Amending Chapter 9.38 of the Kent City Code - Mill Creek and Kentridge
Residential Parking, and indicated that passing this ordinance, after many
months of debate, does not mean we can't continue to improve what is
passed. Higgins will look into addressing concerns raised tonight.
Mayor Ralph indicated that the public should continue to communicate
with the Council and Public Works Committee. She wants this program to
work for the neighborhoods.
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 - Apr 16, 2019 5:00 PM
Kent City Council City Council Regular Meeting
Minutes
May 7, 2019
Kent, Washington
Page 12 of 14
2. City Council Meeting - City Council Regular Meeting - Apr 16, 2019
7:00 PM
B. Consultant Services Agreement with Otak, Inc. for Summit
Landsburg Road and Rock Creek Culvert Replacement Project -
Authorize
MOTION: Authorize the Mayor to sign a Consultant Services
Agreement with Otak, Inc. in an amount not to exceed $63,450
for preliminary design of the Summit Landsburg Road Culvert
Replacement at Rock Creek, subject to final terms and
conditions acceptable to the City Attorney and Public Works
Director.
C. Consultant Services Agreement with Natural Systems Design,
Inc. for Mitigation Design for the Mill Creek - Authorize
MOTION: Authorize the Mayor to sign a Consultant Services
Agreement with Natural Systems Design, Inc. in an amount not
to exceed $92,495.00, for the design of Mill Creek
Reestablishment Project mitigation plans subject to final terms
and conditions acceptable to the City Attorney and Public
Works Director.
D. Ordinance Amending Chapter 9.38 of the Kent City Code - Mill
Creek and Kentridge Residential Parking Zones - Adopt
MOTION: Adopt Ordinance No. 4322, which amends chapter
9.38 of the Kent City Code to add additional parking restrictions
in specified locations and to establish residential parking zones
in the Mill Creek Neighborhood and in the north sections of the
Glencarin Division 1, Shadow Run, and Jason Lane
neighborhoods.
E. Set May 21, 2019 for the Public Hearing on the 2020-2025
Transportation Improvement Program (TIP) - Authorize
MOTION: Set May 21, 2019 as the public hearing date to
consider adoption of the 2020-2025 Six-Year Transportation
Improvement Program.
F. 2014 Third Quarter Fee In Lieu Funds Re-allocation - Authorize
MOTION: Authorize the reallocation of $20,550.00 of fee-in-lieu
funds dedicated to Springwood Park and Lake Meridian Park,
amend the Community Parks Reinvestment Program budget,
and authorize the future expenditure of these same funds for
capital improvements at Meridian Glen Park.
G. Terreno Valley Corporate Ground Lease - Authorize
Kent City Council City Council Regular Meeting
Minutes
May 7, 2019
Kent, Washington
Page 13 of 14
MOTION: Authorize the Mayor to sign a Ground Lease with
Terreno Valley Corporate in the amount of $30,577.27 per year
for five years, for parking and storage, subject to final terms
and conditions acceptable to the City Attorney and Parks
Director.
H. Tenant Name Change for Restaurant Space at Riverbend Golf
Complex – Authorize
MOTION: Ratify the execution of the Riverbend Golf Complex
Restaurant Lease Agreement with Half Lion Public House LLC
signed by the Mayor on February 22, 2019, and any subsequent
actions taken to date in accordance with the terms and
conditions of the Lease Agreement.
I. 4th Avenue and Meeker Street Complete Streets Project-
Accept as Complete - Authorize
MOTION: Authorize the Mayor to accept the 4th Avenue and
Meeker Street Complete Streets Project as complete and
release retainage to R.W. Scott Construction Co., upon receipt
of standard releases from the State and the release of any
liens.
9. OTHER BUSINESS
None
10. BIDS
A. 2019 Crack Sealing - Award
Tim LaPorte, Public Works Director provided details regarding the 2019 Crack
Sealing Bid.
MOTION: Award the 2019 Crack Sealing Project to Huizenga
Enterprises, LLC in the amount of $168,736.66 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: ADOPTED [UNANIMOUS]
MOVER: Dennis Higgins, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
B. Downey Farmstead Restoration Phase 2 – Frager Road
Realignment and Contaminated Soil Removal - Award
Kent City Council City Council Regular Meeting
Minutes
May 7, 2019
Kent, Washington
Page 14 of 14
Tim LaPorte, Public Works Director provided details regarding the Downey
Farmstead Restoration Phase 2 - Frager Road Realignment and Contaminated
Soil Removal Bid.
MOTION: Award the Downey Farmstead Restoration Phase 2 -
Frager Road Realignment and Contaminated Soil Removal
Project to Scarsella Bros., Inc. in the amount of $691,311.50
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: ADOPTED [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
None
12. ADJOURNMENT
Meeting ended at 8:33 p.m.
Kimberley A. Komoto
City Clerk
STATE OFWASHINGTON, COUNTY OF KING lAFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Polly Shepherd, being first duly sworn 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 Englishiunguug"
continuously as a weekly newspaper in King county, washington. ftti
Kent Reporter has been approved as aLegalNewspaper 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 onApril 2612019.
The full amount of the fee charged for said foregoing publication is the
sum of $104.22.
Polly Shepherd
Publisher, Kent Reporter
sworn to me this 26th day of April,20lg.
Gale Gwin, Notary Public for the State of Washington, Residing
Covington, Washington
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Council will hold a public
hearing at 7 p.m. on
Tuesday, May 7,2019,
in the Council Chambers
at Kent City Hall, 220 4th
Avenue Soulh, Kent. All
interesled
invited to
be givon
to speak.
Members
bidders, wilh the suc-
cesslul biddor brush
cutting all 66,359 linear
feet durinq 2019 only or
doing the work each
(3)
De"
threetheduringyear
pending on the bidders'
responses, the King
County Drainage District#l Commissioners re-
serve the right, in their
sole discretion, to award
lhe contract as a three-
year contract to one bid-
der, or to award separ-
at€ contracts for 2019,
2020, and 2021 and forth€ remaining years.
They also reserve the
right lo award lhe Vege-tation Enhancement
Planting bid as part ot or
separale from the Brush
Cutling awards. Work
will be accomplished be-
tween the dates ol 15
Sept to 31 Dm each cal-
endar year. lntersted
Bidders can pick up Pro-jmt i Bid information
packels from the Abbey
Road Group Land De.velopmont Services
Company LLC, from 3
May 2019 to 10 iray
2019, Monday throuqh
Friday from 7:30 am to
4:00 P[,] at the Abbev
Boad Group Land De1velopment Services
Company LLC Puyallup
Ofiice located at 2102 E
lvlain Avo, Suile 109,
Puyallup, WA 98372.
#852734
4t19h9,4t26/19
will
opportunity
public
may also submit writlen
commenls at the moet-
ing, or in advance by
reoular U.S. Mail to the
Ci[y Clerk's Ofiice, 220
Fourth Avenue South,
Kenl, WA 98032, or by
eltrtronic mail to
CityClerk@ KentWA.gov.
Any writlen comments
sent in advance must be
rtreived no lal6r than 4
p.m. on May 7, 2019, in
order to be considor€d.
Any porson requiring a
disability amommoda-
tion should contact the
City Clerk's Office in ad-
vance at 253-856-5725.
For TDD relay service,call the Washington
Telecommunications Re-
lay Service at 7-1-'l.
Kimberley A. Komoto
City Clerk
253-856-5725
Published in the Kent
Reporter April 26, 2019.
#852240
PT.JBLtC ]'tOTtCE
DARCY READ
MEMORIAL
PRESCHOOL
NOTICE OF NONDIS-
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ASTO STUDENTS
persons
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The Darcy Read Memo-rial Preschool admits
students of any race,
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and activities generally
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the $hool. lt does not
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Published in the Kent
Heporter April 26, 2019.
#853264
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NOTICE OF
PUBLIC HEARING
On Ordinance No.4320,an emergency interim
zoning ordinance which
amondod title '15 of the
lcnt City Code by limit-inq truckino-intensive
land uses on a t€mpo-
rary basis, p€nding com-
plelion ol an industrial
land subarsa plan.
NOTICE IS HEREBY
City
Superior Court ot
Wa6hingion,
County ol King
ln re: Makananl
Laumus Sataraka,
Petitioner
and
Annle Johnson & John
Doe, Respondents
No. 19.+0 1984.4 KNT
Summons Served by
Publication
To: Annie Johnson and
John Doe- The otherparty has asked the
court lo:
Give custody ol the chil-
dren to a non-parent.
You m\r$t rspond in
writing if you want lhe
court to consider vour
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Deadline! Your Re-
sponse must be llledsnd srved within 60
days of the date this
summons is published. lf
you do not file and serve
your Response or a ivo-
li@ ol Appeaance by
the deadline:. No one has to notifyyou about other
hearings in this
case, and. The court may ap-
prove the requosts In
the Petition without
hearing your side.
Follow lhese sleps:
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Sign in Sheet to Speak During the
Public Hearing on the
Trucking-Intensive Land Uses Interim Zoning Ordinance
For the Kent City Council Meeting of: Mav 7, 2OL9
t T " Cc,,tr
Email Address
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Sign in Sheet to Speak During the
Public Hearing on the
Trucking-Intensive Land Uses fnterim Zoning Ordinance
For the Kent City Council Meeting of: May 7, 2O19
-Ur^
Email Address
JoluJ @ '^'e5
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Cop
V^tLlLrkj/tMlr1rd"(
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5242nd Ave., Suite 5OO
Seattle, WA 98to+
www.cairncross.com
CAI RNCROSSAHEM PELMANN
ATTORNEYS AT LAW
office 206.587.0700
fax 206.58723O8
May 7,2019
VIA HAND DELIVERY
Mayor Ralph and City Councilmembers
City of Kent
220 4rt' Avenue South
Kent, WA 98032
Re: Request to Repeal Ord. No. 4320r Interim Zoning and Moratorium
Dear Mayor Ralph, Council President Boyce, and Councilmembers Fincher, Kaur, Thomas, Higgins,
Larimer, and Troutner:
This firrn represents Segale Properties LLC ("Segale"). As reflected in the separate testimony of Mike
Pruett fi'om Segale Properties, Segale owns two significant sites affected by the interim zoning controls
adopted by Ordinance No. 4320.
Request for Council Action.
We write today to ask the City Council to do three things:
(1) repeal the interim zoning regulations of Ordinance No. 4320 (the o'Moratorium"),
(2) continue the Rally the Valley planning process, and
(3) work with industry and land owners to explore direct solutions to fund road maintenance
in the City's industrial areas.
Segale's Affected Lands in the City of Kent.
First, Segale owns a 10.25-acre site at the northwest corner of the intersection of South 212th Street and
59tl'Place South, east of the Boeing Space Center (the "1O-Acre Parcel"). Over the last several years,
Segale has spent millions of dollars to process multiple permits through the Community Development
Depadment and to prepare the site for warehouse construction, including infrastructure construction,
grading, necessary pre-loading, or surcharge, of the site and development of building permit plans.
Segale was literally days away from submitting a complete building permit application for a 157,000
square foot industrial distribution walehouse on the l0-Acre Parcel, when the City Council adopted the
Moratorium.
LLr o g e r ! (!),c a t t' n c r o s-$ :.cg!ll
direct: (206) 254-4417
\0372I278.DOCX;1 \
Mayor and City Councilmembers for the City of Kent
May 7,2019
Page2
Second, Segale also owns an approximately 38-acre site at the southwest corner of the intersection of
South 196t1' Street and 68th Avenue South, north of the Boeing Space Center (the "38-Acre Site"). Over
the last several years, Segale also has spent millions of dollars to process multiple permits through the
Community Development Department and to prepare the site for warehouse construction, including
infrastructure construction, grading, and necessary pre-loading, or surcharge, of the site. Segale was
actively marketing the 38-Acre Site for new industrial distribution warehouse development when, on
April2, the Council adopted the Moratorium.
The vast majority of the City of Kent's Industrial lands are already developed, and the City of
Kent serves a critically important role providing both industrial distribution for the Pacific
Northwest, and the West Coast.
Development of Segale's parcels with industrial distribution warehouses will have little noticeable
impact due to their insignificant size as compared to the industrial development activity in the rest of the
Kent area. According to CBRE marketplace research from Q1 2019, the City of Kent has 45,980,727
square feet of net rentable industrial space within its borders. The same research document indicates
the Kent Valley has 124,745,813 square feet of industrial space. Together, the buildout of Segale's 10-
Acre Parcel and 38-Acre Site would represent 2o/o of existing City of Kent industrial space and less than
1o/o of the existing Kent Valley total.
Continuing industrial development, including trucking-intensive uses and land consumptive uses, is a
valued and important part of the City of Kent's economy and the regional economy. The Kent Valley is
known as the second largest industrial distribution center on the West Coast, and the fourth largest in the
nation. A sirnple internet search discloses a number of reports and studies detailing the economic
importance of the jobs created and the goods distributed through the City of Kent. For example in
February 2019, a report was published for the City of Kent, entitled Kent Valley Supply Chain
Management Sector Analysis Economic Impacts and Workforce Analysis
(nttps:lwww.psrc.o . This
report concludes that Kent's existing industrial sector provides thousands of excellent jobs, plus
generates significant tax revenue.
As the Rally the Valley planning process continues, we urge the City of Kent to focus on how to
improve its industrial hub and enhance funding for road maintenance, as well as explore the potential
viability of mixed use re-development.
The Moratorium is not necessary to assure the success of the Rally the Valley Planning process,
and the Moratorium should be repealed.
The Rally the Valley planning process can occur without the constraints of Ordinance No. 4320. This is
because the Moratorium immediately impacts essentially only two property owners, whereas the result
of the Rally the Valley process is intended to be a Subarea Plan tweaking the redevelopment
{03721278.DOCX;4 }
Mayor and City Councilmembers for the City of Kent
May 7,2019
Page 3
opportunities for all affected property owners. Preventing new industrial distribution warehouse
development on the Segale and REI properties while the areawide planning process occurs does nothing
to improve the City's concerns about deficits in road maintenance funds. Moreover, a interim zoning
ordinance, which is effectively a moratorium on new development, is a dramatic anti-development, anti-
business move that is significant departure from the City of Kent's historical efforts to support and
sustain its business community and tax base. Segale wants to work with the City, and that will be much
easier to do, if Ord. No. 4320 is repealed.
The Moratorium and InterimZoningis legally vulnerable and should be repealed.
Because the vast majority of Kent's Ml and Ml-C lands are already developed, the City's Moratorium
primarily impacts two, and potentially three, landowners: Segale, REI, and Boeing, if its existing
Development Agreement lapses or permits are not timely obtained. Segale recognizes that the City has
only adopted an "interim" zoning ordinance and has stated that it is unlikely that the City will entirely
prohibit trucking-intensive and land consurnptive uses. However, as one of only three affected property
owners, it seems unlikely that the City plans to allow trucking-intensive uses on Segale's lands after the
Rally the Valley planning process concludes.
Instead, this Moratorium appears to be the first step by the City to adopt a spot zone, preventing Segale
from using its land in the same way as its neighbors. The Washington Supreme Court has explained that
spot zoning is: o' arbitrary and unreasonable zoning action by which a smaller area is singled out of a
larger area or district and specially zoned for use classification totally different from and inconsistent
with the classification of the surrounding land, not in accordance with a comprehensive plan." Smith v.
Skagit County,75 Wn.2d715,743 (1969). Spot zones are illegal and deemed void when they primarily
serve private gain and result in the "inevitable effect of granting a discriminatory benefit to one or a
gloup of owners and to the detriment of their neighbors or the community without adequate public
advantage or justification." Id. Included in this type of illegal zoning action is "zoning merely for the
benefit of one or a few, or for the disadvantage of some and with no substantial relationship to the public
health, safety, general welfare or morals, in conflict with either the comprehensive zoningplan or
ordinance [which action] is arbitrary and capricious and unlawful." Id. at743-44. Here,the City's
interim zoning and Moratorium is arbrtrary and capricious and inconsistent with the uses on surrounding
lands.
In addition, Ordinance No. 4320 was illegally adopted because it was adopted for an entire year term,
even though no work plan exists detailing studies that will be conducted to work the City out of the
Moratorium. Both RCW 35A.63.220 and RCW 36.70A.390 are clear that to extend for longer than six
months, a moratorium must be associated with a valid work plan. That the Rally the Valley process was
apparently contemplated prior to April 2,2019, is not equivalent to a true "work plan." The first Rally
the Valley meeting was not even held until April 24, and there remains no written work plan detailing
what actions the City will take to remove the Moratorium.
{03721278.DoCx;4 }
,
Mayor and City Councilmembers for the City of Kent
May 7,2019
Page 4
Finally, even Section 9 of Ordinance No. 4320 which refers the work to the City Staff only directs Staff
to evaluate zoning. There is nothing in the Moratorium Ordinance, or in the outline we have seen for
Rally the Valley directed at finding revenue sources to fund the road maintenance that is the primary
pupose for adopting the Moratorium. That means that even if the Rally the Valley process was a valid
"Work Plan", it fails to include any element necessary to fix the fundamental problem of a lack of
funding.
For all of the above-reasons, the City should immediately repeal the Moratorium.
Segale wants to help the City to redirect existing revenues and add new revenue sources as a
better solution to the City's road maintenance concerns.
Segale is being unfairly singled out with development restrictions. The road maintenance issue used to
justify adoption of the Moratorium is an existing problem that the City of Kent is experiencing due to
changes in the State Streamlined Sales Tax and mitigation payment decisions. Preventing development
of Segale's last remaining parcels in Pacific Gateway does nothing to solve that on-going road
maintenance problem.
We recommend that the City re-examine its existing funding resources that come from its industrial
lands. Significant Business & Occupation ("B&O") and property taxes are generated in this area. We
further encourage the City to work with the Ports of Seattle and Tacoma and the State of Washington to
solve the funding issues generated by the past changes to the Streamlined Sales Tax. Finally, we
recommend that the City work with its own industrial land owners and tenants to examine new ways to
fund road maintenance. We have been told that the City explored the idea of a user-funded fee, or local
improvement district, shorlly after the sales tax law was changed, and that those proposals were not
well-received. Now, a decade later, and with an obvious lack of State backfill funding, and at a differing
point in the economic cycle, we expect the outcome would be different. Such mechanisms might include
a Local Improvement District, or a Community Facilities District, or any number of other approaches,
including a comprehensive and public-private appeal to the State Legislature.
Segale wants to work with the City on this approach and, assuming the Moratorium is repealed,
restoring Segale's good working relationship with the City, Segale would be happy to spearhead work
and meetings targeted at finding the revenue the City seeks to ensure its roads are in good repair.
In the alternative, the City's lack of fair play justifies at least amending Ord. No. 4320 to authorize
the submittal of building permits on sites where all necessary pre-cursor permits had already been
processed and approved.
No one at the City provided any information to Segale to suggest that industrial distribution warehouses
were planned to be stopped in the City, despite Segale's years devoted and millions of dollars spent in
{0372t278.DOCX;4 }
Mayor and City Councilmembers for the City of Kent
May 7,2019
Page 5
the permitting process. In the event the City Council does not repeal the interim zoning regulations of
Ordinance No. 4320, Segale asks that the City modify Ordinance No. 4320 by adding a Section that
authorizes any person who had already completed all permit applications and work necessary to then file
a building permit application for a trucking-intensive use such as an industrial distribution warehouse be
given a two-week window in which to file a building permit application. This would at least allow
Segale to proceed with its already prepared building permit application for the 10-Acre Parcel.
Conclusion and Request for Action.
As noted in the Council Agenda Packet memo, the City Council has the power to repeal or terminate the
Moratorium. Segale reiterates its request that the City Council:
repeal the interim zoning regulations of Ordinance No. 4320 (the ooMoratorium"),
continue the Rally the Valley planning process, and
work with industry and land owners to explore direct solutions to fund road maintenance
in the City's industrial areas.
Thank you for your attention to this matter
V truly yours,
Nancy Rogers
NBR:alw
(1)
(2)
(3)
{03721278.DOCX;4 |
S TGALE
,r'.ild Ait*d ft.ln
PnoPERTIES
A LIMITED LIABILITY COMPANY
COMMERCIAL . INDUSTRIAL . AGRICULTURAL ' NATURAL RESOURCES
MAY 7, 20L9
VIA HAND DELIVERY
Mayor Ralph and City Councilmembers
City of Kent
22O 4th Avenue South
Kent, WA 98032
RE: lnterim Zoning Ordinance No 4320 and "Rally the Valley" Planning Process
Dear Mayor Ralph, Council President Boyce, and Councilmembers Fincher, Kaur, Thomas, Higgins, Larimer,
and Troutner,
Segale Properties LLC ("Segale") and the City of Kent (the "City") have enjoyed a very positive, long
working relationship, which began when Segale purchased a large portion of the Pacific Gateway industrial
subdivision in 2003. Since then, Segale has developed five buildings in the valley, which are home to 4
tenants and contribute significant jobs and tax resources to the City.
Segale has two parcels left to develop and has invested millions preparing them for development. One of
those parcels, a 10.25-acre site located at the intersection of 59th Place South and South 2L2th Street, has
acomplete set of plans to submit to the city with contracts in place to start construction Segale has also
been in discussion with multiple developers on the second parcel, a 38-acre site, with those developers
making regular inquiries to the City about that parcel for several months.
Needless to say, Segale was surprised and shocked by the City's recent adoption of its emergency interim
land use Ordinance No. 4320, which passed on April 2, 2019 and effectively prohibited all industrial
distribution development in the M1 and M1-C zones. Segale's shock and surprise was quickly replaced
with concern and doubt as we learned more about the City's broader vision the Rally the Valley planning
process and its desire to move away from industrial use in the valley.
At the first Rally the Valley Advisory Committee meeting held on Apri|24,2019, the City's planners and
consultants introduced three potential case studies/visions to members of the business community for
rethinking the valley area. The concepts presented a mixed-use development vision that included retail,
housing, office and other uses that may potentially bring more tax revenue to the city.
After the planners presented the visions, a majority of Rally the Valley Advisory Committee members
expressed concerns that mirrored Segales. Advisory panel members noted that the retail and office use
desired are already possible in the M1 and ML-C zones and that market forces were the driving force
po Box 88028 r TUKWTLA, WA 98138 . 5811
P 206.575.2000 . F 206.575.1837
SEGALE PARK DRIVE C T TUKWILA. WA 98188
www.segaleproperties.com
behind creating opportunities for those uses. Not one Advisory Panel member who spoke thought
introduction of multi-family housing are was an idea that would work. Several others pointed out that
office was not a likely use to occur without significant tax incentives. One panel member suggested the
Rally the Valley effort focus on being the best industrial warehouse, distribution and manufacturing
district possible instead of tryingto restrict industrialdistribution uses in favorof a mixed-use center.
With this in mind, Segale believes the interim ordinance should be repeoled while the Rally the Valley effort
continues. lnstead of limiting industrial distribution uses in favor of a future mixed-use vision, the City's
planning should focus on solving its pressing road maintenance issue through a 'use fee' established via a
Local lmprovement District or other local tax mechanism.
Opportunities for exploring mixed-use projects could continue under the Rally the Valley effort, but
redevelopment should focus in areas where public investment and amenities already exist, and
development incentives can be advanced. Kent Station's successful transit-oriented development is one
possibility. There are also opportunities for significant redevelopment adjacent and north of the existing
heavy rail station, near high-traffic areas such as Showare Center and Kent's downtown core. All of these
options should be thoroughly explored before abandoning the City's long-established and still growing
industrialarea.
Furthermore, pursuing a land use strategy that restricts or limits industrial distribution and warehousing
should be reconsidered for the following reasons:
lndustrial distribution development in the City and other Kent Valley jurisdictions is key to the
continued growth and economic health of the Ports of Seattle and Tacoma. Undertaking land use
changes to restrict industrial distribution development in favor of land uses that have future
potential to possibly generate higher sales tax dollars for the individualjurisdiction will undermine
the regional strengths of the Kent Valley as the 4th largest industrial warehousing in the
Country. These negative impacts will ripple through to multiple industries and cause substantial
economic harm to the region.
a
a The current M1 and M1-C zones, which are the subject of the interim zoning which effectively
places a moratorium on industrial distribution development in Kent, already includes the ability
to provide for a variety of retail uses. Lack of market demand, not a lack of willingness by the
developer, is the reason retail activities are not already included in the Kent Valley's industrial
developments.
The stated problem for the interim land use ordinance, a lack of maintenance budget for roadways
brought on by the State's Streamlined Sales Tax lnitiative, is not addressed by any of the proposed
land use changes the City hopes to solve via a new mixed-use development vision. Land use
changes are driven by market forces and occur slowly overtime, if at all. The existing budget
shortfallfor road maintenance is a strain on city resources now and will remain. The City should
bring the business and industrial community together now to find a solution to this problem,
rather than engage in a protracted visioning exercise. lf the problem is truly a lack of tax resources
for road repair, focusing time and resources on long-term land use changes to boost tax revenue
that will likely require tax incentives to enact is therefore misguided.
2
The City may not be accurately assessing contributions from property taxes for newly developed
industrial warehouse buildings. ln the last L0 years, industrial land and building values have
increased exponentially and as such, so has the value of completed industrial warehouse
buildings.
For all these reasons and more, Segale urges the City to repeal its interim land use Ordinance No. 4320
and allow us to move forward with the shovel-ready development projects in which Segale has already
invested significant capital.
Sincerely,
SEGALE PROPERTIES LLC
Mike Pruett
Senior Asset Manager
3
.n4.,Awr{ sltlg
NAIOP
COMMERCIAL REAL ESTATE
DEVELOPMENT ASSOCIATION
WASHINGTON STATE CHAPTER
May 7,20L9
Dear Mayor Ralph, Council President Boyce, and Councilmembers Fincher, Kaur, Thomas, Higgins,
Larimer, and Troutner:
Thank you for the opportunity to comment on the City of Kent's recent emergency interim zoning
regulations (Ordinance No. 4320). NAIOP Washington is our state's commercial real estate association
with more than 900 members statewide, including hundreds in King County.
We write today to ask the City Council to do three things:
Repeal the interim zoning regulations of Ordinance No. 4320,
Continue the Rally the Valley planning process, and
Work with industry and land owners to explore direct solutions to fund road maintenance in
the City's industrial areas.
The interim zoning ordinance imposes new regulations that operate as an effective moratorium on any
application for a new or expanded industrialdistribution warehouse. The current M1 and M1-C zones
encompass lands where most of the city's industrial distribution development occurs, and are the
subject of the zoning moratorium. lndustrial distribution development in the City of Kent and other Kent
Valley jurisdictions is key to the continued growth and economic health of the Ports of Seattle and
Tacoma. Undertaking land use changes to restrict industrial distribution development in favor of land
uses that have future potential to possibly generate higher sales tax dollars for the individualjurisdiction
will undermine the regional strengths of the Kent Valley as the 4th largest industrial warehousing in the
Country. These negative impacts will ripple through to multiple industries and cause substantial
economic harm to the region.
The City of Kent made this zoning change without public input or public process. While the Rally the
Valley stakeholder effort is now underway, it was done after the fact.
The stated problem for the interim zoning ordinance, a lack of maintenance budget for roadways
brought on by the State's Streamlined Sales Tax lnitiative, is not addressed by any of the proposed land
use changes the City hopes to solve via a new mixed-use development vision. Land use changes are
driven by market forces and occur slowly overtime, if at all. The existing budget shortfall for road
maintenance is a strain on city resources now and will remain if not directly addressed in the short-term.
The City should bring the business and industrial community together now to find a solution to this
problem, in addition to engaging in a long-term visioning exercise. lf the immediate and on-going
problem is truly a lack of tax resources for road repair, focusing time and resources on long-term land
use changes to boost tax revenue that will likely require tax incentives to enact is misguided. lnstead,
the moratorium should be repealed, the City should explore its funding options for road maintenance
and discuss those opportunities with the business and industrial development community, and the City
should continue the longer-term Rally the Valley process, exploring the ultimate future of the City's
P.O, Box 24L83, Seattle, WA 98124 . 206.382.9121 . www.naiopwa.org
NAIOP
COMMERCIAL REAL ESTATE
DEVELOPMENT ASSOCIATION
WASHIt{GTOt'l STATE CHAPTER
industrial zones, and whether and how other mixed uses could be incentivized to enhance the growing
and critically important existing City of Kent industrial distribution hub.
Many NAIOP members are developers. Based on experience, we know that attracting a different type of
business to the City's ML and ML-C zones, such as sales-tax generating retail, research and
development, and office campus, will not happen simply because areas are rezoned for such uses. The
market dictates what areas are attractive for those types of uses. There are much larger locational
forces at play for real estate decisions than just City zoning. lndeed, all of the above-listed uses are
already allowed under the existing M1 and M1-C zoning, yet very few such uses have located on Kent's
industrially-zoned lands. See, KMC 15.04.070 and KMC 15.04.090.
We also recommend the City re-examine its existing funding resources that come from its industrial
lands. Significant Business & Occupation ("B&O") and property taxes are generated in this area. We
further encourage the City to work with the Ports of Seattle and Tacoma and the State of Washington to
solve the funding issues generated by the past changes to the Streamlined Sales Tax. Finally, it bears
repeating that we recommend that the City work with its own industrial land owners and tenants to
examine new ways to fund road maintenance. Such mechanisms might include a Local lmprovement
District, or a Community Facilities District, or any number of other approaches.
Conclusion and Request for Action.
As noted in the Council Agenda Packet memo, the City Council has the power to repeal or terminate the
interim zoning ordinance. NAIOP respectfully requests that the City Council:
Repeal the interim zoning regulations of Ordinance No. 4320
Continue the Rally the Valley planning process, and
Work with industry and land owners to explore direct solutions to fund road maintenance in
the City's industrial areas.
Thank you for your attention to this matter
Very truly yours,
t (1^
a
-.Q*
Peggi Lewis Fu
Executive Director
P.O. Box 24L83, Seattle, WA 98124 . 206.382.9121 . www.naiopwa.ors
Public Comment - Sign Up Sheet
For the Kent City Council Meeting of: Mav 7, zOLg
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2019 Crack Sealing
May 7, 2019
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SE 208th S and
120th Ave SE
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SE 208th S and
120th Ave SE
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Ridge Field
Neighborhood
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Ridge Field
Neighborhood
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Kensington High
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Kensington High
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Downey Farmstead Project
Council Award of Construction Contract, 5/7/19
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Downey Farmstead Restoration
Road Relocation
Yr of Grant Funding Source Amount ($)Purpose
2013, 2015 PSAR 450,477 Util, Rest.
2015 KC CWM 106,227 Road
2015 SRFB 327,353 Road
2017 KC CWM 1,002,799 Util, Rest
2017 KC Waterworks 125,000 Contam.
2018 KC CWM 780,000 Rest
2019 KCD 98,575 Rest
2021 City of Kent Match 52,946 Rest
Total to Date 2,943,377
Full Rest. Cost 6,808,000
Funding Needed 3,864,623