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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/18/1988 City of Kent City Council Meeting - Agenda /0 - /P• 88 Office of the City Clerk CITY COUNCIL MEETING October 18, 1988 IN CT Summary Agenda City of Kent Council Chambers Office of the City Clerk 7:00 p.m. NOTE: Items on the Consent Calendar are either routine or have been previously discussed. Any item may be removed by a Councilmember . The Council may add and act upon other items not listed on this agenda . CALL TO ORDER ROLL CALL 1. PUBLIC C,QMICAVO S /) 2 . PUBLIC �H//EARINGS A. LID 322 - Westview Terrace Sanitary Sewers B. LID 323 - Olympic View Heights Sanitary Sewer C. LID 325 - 76th Street Improvements 3 . CONSENT CALENDAR A. Minutes B. Bills C. Accounts Receivable Writeoff Authorization D. Reclassification, Parks and Recreation Department E. Hawkridge Preliminary Subdivision No. SU-88-2 F. Implementation of East Valley Zoning - Ordinance G. Exceptions to be Considered by Hearing Examiner - Ordinance a 30(a H. Amend Zoning Code — Community Commercial District - Ordinance ;,V0J I . Hazardous Substance Ordinances 0 -... J . Bridgewater Phase II - Bill of Sale K. Public Storage - Bill of Sale L. Master Meter - Riverview RV Park M. LID 327 - West Valley Highway Improvements Residential Recycling Services Contract 4 . OTHER BUSINESS A. Zoning Code Amendment No. ZCA-88-9 , Signs in Downtown Commercial District B. Authorization for State Agreements C. Lease Agreement for Office Building Project 5 . BIDS A. Neighborhood Pedestrian Improvements 6. REPORTS CONTINUED COMMUNICATIONS ADJOURNMENT PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. tal axo-' (lit cn' Kent City Council Meeting Date October 18, 1988 Category Public Hearing 1. SUBJECT: LID 322 - WESTVIEW TERRACE SANITARY SEWERS 2 . SUMMARY STATEMENT: This date has been set for the public hearing on the confirmation of the final assessment roll for LID 322 - Westview Terrace Sanitary Sewer Project. The City Clerk has given the proper legal notice to the property owners,, The Director of Public Works will review the scope of work of the project and describe the method of determining the assessments. It is recommended that the final assessment roll be confirmed . 3 . EXHIBITS: Memorandum from Director of Public Works . 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : (OPEN PUBLIC HEARING: 1 PUBLIC INPUT• r 61, SE HEARING 6�--TrY`-CQVNC I L ACTION: ,_. Councilmemberl'1 moves, Councilmember seconds Ji that the City Attorney be directed to prepare the ordinance confirming the final assessment roll for LID 322 . DISCUSSION.$ -_� ACTION: Council Agenda Item No. 2A DEPARTMENT OF PUBLIC WORKS October 13 , 1988 To: Mayor Kelleher and City Council From: Don Wickstrom b o Re: LID 322 - Westview Terrace Area Sanitary Sewer - (208th to 213th St and 97th to 102 Ave) GENERAL The hearing on October 18, 1988 is the confirmation hearing on 1 the final assessment roll . This LID is located on the East Hill of Kent in the Westview Terrace and Guinn Crest area. The purpose of the LID was to install sanitary sewer to previously unsewered properties as outlined by the LID boundary. See attached map. On January 30, 1986 a property owner meeting was held to discuss the proposal. This was the result of a petit' received in October 1985 and signed by 78 property-_dw*Te s in ------~ - thie boundary. Resolution Nam. 1092 was alien adopted at the February 3 , 1986 Council meeting, and the public hearing was _ scheduled for March 3 , 1986. Only 1. 67 percent protes0 was received, therefore, City Council passed Ordinanoe 2617 , creating the LID at the March 17 , 1986 Council meeting. DESCRIPTION OF PROJECT Sanitary Sewer Improvements Description: Includes the installation of 8-inch sanitary_ sewers, 6-inch side sewers and related appurtenances. ON FROM TO S 213 Street 280' West of 97 P1 S 100 Avenue S S 212 Street 97 Place S 99 Avenue S SE 212 Street 100 Avenue S 670' East S 210 Place 97 Place S 100 Avenue S SE 208 Street 101 Avenue SE 102 Avenue SE 97 Place S S 213 Street S 210 Place 98 Avenue S S 212 Street North to end of cul-de-sac 99 Avenue S S 213 Street S 210 Place Mayor Kelleher and City Council October 13 , 1988 Page 2 100 Avenue S S 213 Street 100' North of S 210 Place 101 Avenue SE SE 212 Street SE 208 Street 102 AVenue SE SE 212 Street SE 208 Place NEED FOR IMPROVEMENT The project location is virtually a fully developed residential area composed of single-family lots on septic tanks. The Seattle-King County Department of Public Health identified various failing septic systems within the LID boundary. These problems were a threat to everybody who lived in the area. Most of the problems were not repairable and were expected to become worse and more widespread. The only economically feasible alternative was to install a public sewer system. It is our understanding that the worst-case properties were being fined $25 per days by -Seattle-King County Health DDep�mel5t". -As the situation deteriorated further, it was forecasted that more people would probably be fined. Knowing the severity of the problem the Health Department came to the City to request sanitary sewers. The Engineering Department requested that a petition be circulated. The attached notice was given to the home owners within Westview Terrace by the Health Department. About a month later a petition for sewers was received with 78 signatures which was sufficient to proceed with the formation process. Also attached is a followup letter from the Health Department expressing the severity of the problem and asking that the process be expedited. As you can see, several families were faced with possible eviction if sanitary sewers were not installed soon. PROJECT FUNDING h project was to be 100_percent LID financed. However, after LID form-atiatT __tS6 adjacent Olympic View Heights area formed_ LID 323 for sanitary sewer which was an extension of the LID 322.- syst3A= Tt made sense to combine these projects for bidding purposes in order to obtain lower unit prices from the larger quantity of work offered. In the LID 323 area there was �{ an extra deep section of sewer which the City required in 6r3_e__r �__._ --- �o pr—' oovi., e��fie" Fiecessary cT ptYi for future extension of the system into another area. Because of this, the City formed the '�,b LID on the basis that the City would fund the extra depth cos Mayor Kelleher and City Council October 13, 1988 Page 3 for the sewer installed deeper than required to service the lots in LID 323 . Due to the fact that these two projects were bid as one project and the fact that a portion of the extra costs for the extra depth was reflected in the unit bid prices affecting both LID's, the extra depth cost also affected the final cost of LID 322 . Therefore a portion of the City funds was distributed to LID 322 for the final roll. However, a portion of the extra depth cost related only to quantities, therefore these funds were assigned 100 percent to the LID 323 schedule. The balance was distributed to both LID's based on number of assessments. 1 CITY FUND DISTRIBUTION LID 322 LID 323 TOTAL LID 323 Costs Only $ -0- $4 ,617.42 $ 4 , 617 . 42 Distributed to Both 15- 540.33- . 4 ,842 . 25 20 , 382 . 58 Total City Funds $15, 540. 33 } $9,459 . 67 $25, 000.00 LID 322 FUNDING SUMMARY Original Final LID 322 LID 322 LID Funds �__ $950�000.40 City Funds -0- 15,540. 33 Contribution -.0-- Total Project $950, 0 $672 ,799 . 10 * Actual cost is $672,798 .83 . The variation is due to rounding off the per lot assessment for an even distribution throughout the LID. the contribution shown above is from a developer for an adjacent property wTi-o requested that a portion of the sewer be installed deeper to avoid his proposed storm drain. These costs resulted in additional quantities and therefore were distributed solely to the LID 322 schedule and assessment roll. METHOD OF ASSESSMENT Each property serviced is being assessed. Since each lot is a single family residential lot each receiving one service, the benefit is equal all parcels. Therefore, the cost is - - even y spread over all lots within the LID. Mayor Kelleher and City Council October 13 , 1988 Page 4 The only exception to this are the parcels which did not receive a sewer main deep enough for gravity service. Seven parcels were located to far below the road to obtain gravity service without major _expenses in constructing a deep_-_main. __. --. - - T�ierefore, the main was kepf at a more reasonable depth on the basis -tiaf-tHe-se seven parcels would pump. To compensate for -t-i-e- ad'di'L onal requirement and cost to instal e p - these parcels recei�d -a 1/2 ag-sessmient. Preliminary Assessment - $5, 277. 78 - Final Assessment - $3 ,708 . 19 Final Pump Assessment - $1,854 . 10 ? PAYMENT OF ASSESSMENT Upon Council passing the ordinance confirming the final assessment roll, there is a 30-day perio_d_- nwhich_an ortistn or all of the assessment can`be paid without interest. charges. After the 30-day period, the balance is paid, over a ten-year o w erein each year's p y ament is 1D1Oth_ of.-the i-rIz c ^pa plus-interest o� _ ice= cif #ar►ce. The interest will be., what the market dictates. � J99-88 •!1r+'.{{,i'i •r B' .,�r "''i.!»:" • y.. . .. f.. ,a• ;I^.Y.1;..�r , r 1 it Ve pill :4 cy..,�sneti�in i .ASr I.Iy�,�.: N E • 7 22r � g: y,+,�l1'• 111 L'l-AYirF�w•iYii.=�r•i. lr����1 Iti.,-•1 1i�, r r 't. 1Ka:J C♦ VVill • r 1 ! El ... ��.•—�}�`,��GA I�V��fa,.�.� lr. � . �. I i� 1 � ♦n�1 is •J�.1 � •• �" I • � I � '�� n •., l r•jt ., i I /1�N 1 1 / a. •QQQ511 "a a —„: r it • i 1 � .,. r i o , II t� .. ,` �'• •�" •1 ' • ,w• , •, j out.1 h • /1 "•.:VY W I /1•0l»n 1 ... ,. './ r._ �. ,s II .. � yu rd .. I� •11) • �`..'e/, 4`a'`''s. 1' ,'• `-J�6:••�. 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It r 7 r •I ,r•'� +• J.�/ 1 2 I moo .'Mr• e•I MT�. j ,RyY« Iw• Y•(S • -� I .!^N i.j ; ,. 1 Y•' ji f .1 � „• ` N I _ _, ",w n wT..: "M J•:` wl ; Y�1 _—_ 'IJ"1_ ._ r, i 9 ISO —,_ rho. t54=)L WJA� la•'`i I I it 17. 1u�1• 1 r _ • � ww .. — �L ... ..... •+ Y� er r rr wi ,r,,' .'• �r+. IPf •�-s4w7.w.a fall i .., Iraa}��,I,�` .S 1��' 1 ,f ar: '•wil /ki Y� / :. .li�'^' IY�. 1• 1 1., I.11 i ` .' ,I ,1...»', 'FBI „F4^ r 1�tli�'�.,tr�• , ,1 • :�y. i' CIF 322 • i •I•`ri.a•_�u�2�,:eYu1L�!i�w�nl��srilllL.,�t, '�•' ...,..-,-r:.:,:3i..,�:�s:,�l. ' WesTVt aw Tempvvl A EA SIAW ITAR`( SEWER i .--... CbW at Bede Yhog C Unq c ariea Royer Mayor Randy Revetle,F.xewt0e Seattle-King County Department of Public Health Bud Nicola,M.D.,M.H.SA.,Director September 24, 1985 NOTICE TO WESTVIEW TERRACE HOME OWNERS As a Westview Terrace homeowner, you are no doubt familiar by now with your neighborhood problem of failing sewage systems. Even if your own septic system has not overflowed, the problem your neighbor is having down the street is a proximate threat to your family's health. Your neighbor's problem can no longer be fixed by the short term solution of digging more drainlines in his lawn. Reconstruction or repair to existing drainfields is not possible because of limited space, inadequate setbacks and poor soil absorption. It is not unusual for you to be experiencing these problems now and for them to steadily get worse. Your on-site septic disposal system was designed as a short term disposal method which would be replaced by public sewers. In the late 196O's when Westview Terrace was platted, septic systems were projected to last from five to twenty years depending on use abuse. There is no economically feasible alternative to public sewers for failed, unrepairable on-site systems. Residents are faced with one of the following: 1 .) Install a holding tank (requires regular pump-out at prohibitive cost) . 2. ) Abandon the house. The Health Department last surveyed the area for sewage overflow problems in March of 1984. At that time the department recommended to the City of Kent that they extend sanitary sewers into Westview Terrace. To initiate that process, Terrace residents will be given the opportunity in the near future to sign a petition to show support for the formation of a Utility Local Improvement District (U.L.I.D. ). Some of your neighbors have volunteered for this work. If you are concerned and wish to volunteer, or have questions about procedure, please call Merrill Vesper, City Engineer, at 872-3978. As a future measure, the Health Department and the City of Kent will work together to meet the requirements to invoke an L.I.D. based on the existence of a health hazard to Westview Terrace residents. In line with this, a winter- time sanitary survey may be done. If you have any questions or wish additional clarification or information on this matter please contact Al Jushinski or Shelley Kneip at the Southeast District Environmental Health Office, phone 344-6708, weekdays 8 to 9:30 A.M. JRE:mla Sodheaat Public Health Center d Heaton 3001 N.E.4th Street Renton,WasWngton r6 (206)1ZS-2620 Sotdbeast public Health Custer at Auburn 20 Auburn Avenue Auburn,Washington 88002 (tow a5z-a"or 833-84W SO city of scattte King County Charles Boyer,Mayor Bandy Aevelle,&xecudve Seattle-King County Department of Public Health Bud Nicola,M.D.,M.H.SA.,Director January 16, 1986 -. JAN 2 1 1986 Don Weckstrom Director of Public Works City of Kent 302 W. Gowe Kent, Washington 98031 Dear Sir: Re: Westview Terrace I am writing to ask for your cooperation in expediting the sanitary sewer project for Westview Terrace. The Health Department has taken what actions we can to help move the local residents toward favorable consideration of public sewers. However, several homeowners, the McElderrys and the Sokolowskis, have had Civil Penalty fines accumula- ting at $25/day since the summer of 1985. These unfortunate people have exhausted all economically feasible repair alternatives for their failing on-site systems. We are faced with the prospect of evicting them from their homes if sanitary sewers are not forthcoming. In our dealings with Merle Vesper he has been cautious to forewarn us that the engineering on such a project would be a very lengthy process. This I understand. What I would request to expedite is setting the dates and notification of the residents for the preliminary community meetings. The results of these meetings would give us the information we need to proceed with either further enforcement actions or an interim plan to protect the health of all concerned. If I can be of further assistance to you in this endeavor please call at 344-6708. Very truly yours, ?OR. Everest, R.S. Supervisor, Environmental Health Services JRE:mla Southeast District Service Center Southeast PuhM Health Center at Benton 3001 N.C.4th Street ncnion,Washington 98056 (206)1N1XW 344,670p Southeast PubUC Health Center at Auburn 20 Auburn Avenue Auburn,Washington 98002 (206)852-8400 or 833-8400 Kent City Council Meeting Date October 18, 1988 Category Public Hearing 1. SUBJECT: LID 323 - OLYMPIC VIEW HEIGHTS SANITARY SEWER - 2. SUMMARY STATEMENT: This date has been set for the public hearing on the confirmation of the final assessment roll for LID 323 - Olympic View Heights Sanitary Sewer Project. The City Clerk has given the proper legal notice to the property owners . The Director of Public Works will review the scope of work of the project and describe the method of determining the assessments. It is recommended that the final assessment roll be confirmed. 3 . EXHIBITS: Memorandum from Director of Public Works . 4. RECOMMENDED BY Staff (Committee, Staff , Examiner , Commission, etc. ) 5. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN PUBLIC HEARING: PUBLIC INPUT: �_ / CLOSE HEARING: 6 . CITY COUNCIL ACTION: // n Councilmember vim✓ moves, Councilmember /�� seconds that the City At-torney be directed to prepare the ordinance confirming the final assessment roll for LID 323 . DISCUSSION: ACTION• Council Agenda Item No. 2B 21323 103rd Pl. S.B CIV CFL RK l Kent , Wa 98031 C0 C October 13 , 1988 City of Kent 220 4th Ave . South Kent , Wa 98032-5895 Attention: Merrill Vesper and Don Wickstrom, P .E. Director of Public Works , Office Engineer Dear Sirs : This ing that asses- sment . inform you in sanitary sewer tinstalledwdoese not protesting ladd any h e valuee to the property. For your records and information, I have included our appraisals , one before the sewers and one after. Please read the enclosed information. I expect to hear from you in writing no later then October 21 , 1988 . Sincerely, John Chromy Enclosures DEPARTMENT OF PUBLIC WORKS October 13 , 1988 To: Mayor Kelleher and City Council From: Don Wickstromb Re: LID 323 - Olympic View Heights Sanitary Sewer GENERAL The hearing on October 18, 1988 is the confirmation hearing on the final assessment roll. This LID is located on the East Hill of Kent in the Olympic View Heights area. The purpose of the LID was to install sanitary sewer to previously unsewered properties as outlined by the LID boundary. See attached map. On April 9, 1986 a property owner meeting was held to discuss the proposal. This was the result of a petition received in February 1986 and signed by 23 property owners in the LID boundary. Resolution No. 1102 was then adopted at the May 5, 1986 Council meeting, and the public hearing was scheduled for June 2 , 1986. Since there were no protests the City Council_-passed Ordinance 2637 -creating the LID at the June 16, 1986 Council meeting. DESCRIPTION OF PROJECT Sanitary Sewer Improvements Description: Includes the installation of 8-inch sanitary sewers 6-inch side sewers and related appurtenances. ON FROM TO SE 213 Street 100 Avenue SE SE 213 Place SE 213 Place SE 213 Street 300' East of 103 Place SE 103 Place SE SE 216 Street SE 213 Place 100 Place SE SE 213 Street North to end of cul-de-sac 102 Avenue SE SE 213 Place North to end of cul-de-sac NEED FOR IMPROVEMENT The project location is a partially developed residential area Mayor Kelleher and City Council October 13 , 1988 Page 2 composed of single family lots on septic tanks. The location is adjacent to the LID 322 (Westview Terrace) for which an LID for sanitary sewers was approved. The Westview Terrace petition wasn't circulated in the Olympic View Heights area so the area wasn't included under LID 322 . However, some of the property owners also realized the need for sewers for their properties and petitioned to be included. Due to the timing they couldn't be included in LID 322 and a separate LID was -r-equired. The Seattle-KinR_County Department .of Public_Health_ identified ,. various failing septic"-systems within the general area. Also, -ei iesiden st complained of septic problems. These problems were a threat to everybody who lived in the area. Most of the problems were not repairable and were expected to become worse and more widespread. The only economically feasible alternative was to install a public sewer system. It is our understanding that the worst-case properties within the LID 322 area were being fined $25 per day by Seattle-King County Health Department. As the situation deteriorated further, it was forecasted that more people would probably be fined. Knowing the severity of the problem, property owners came to the City to request sanitary sewers. The Engineering Department requested that a petition be circulated. About a month later a petition for sewers was received with 23 signatures which was sufficient to proceed with the formation process. PROJECT FUNDING The adjacent Westview Terrace and Guinn Crest area formed LID -- 322 for sanitary sewer just prior to the formation of LID 323 . The LID 323 system was an extension of the LID 322 system. It made sense to combine these projects for bidding purposes in order to obtain lower unit prices from the larger quantity of work offered. In the LID 323 area there was an extra deep section of sewer which the City required in order to provide the necessary depth for future extension of the system into another area. Because of this, the City formed the LID on the basis that the City would fund the extra depth cost for the sewer installed deeper than required to service the lots in LID 323 . Due to the fact that these two projects were bid as one project and the fact that a portion of the extra costs for the extra depth was reflected in the unit bid prices affecting both Mayor Kelleher and City Council October 13 , 1988 Page 3 LID's, the extra depth cost also affected the final cost of LID 322 . Therefore a portion of the City funds was distributed to LID 322 for the final roll. However, a portion of the extra depth cost related only to quantities, therefore these funds were assigned 100 percent to the LID 323 schedule. The balance was distributed to both LID's based on number of assessments. CITY FUND DISTRIBUTION LID 322 LID 323 TOTAL LID 323 Costs Only $ -0- $4, 617.42 $ 4, 617.42 Distributed to Both 15 , 540. 33 4 , 842 . 25 20, 382 . 58 Total City Funds $15, 540. 33 $9,459. 67 $25, 000. 00 LID 323 FUNDING SUMMARY Original Final LID 323 LID 323 i LID Funds--_ $290F277 .90 C$228._7944. 10 QCity Funds -0- _ 9 ,459 . 67 Total Project $290, 277 .90 $238,403 .77 * Actual cost is $238,403 .79 . The variation is due to rounding off the per lot assessment for an even distribution throughout the LID. METHOD OF ASSESSMENT Each property serviced is being assessed. Since each lot is a single family residential lot each receiving one service, the benefit is equal for all parcels. Therefore, the cost is evenly spread over all lots within the LID. — Preliminary Assessment - ' $5,277 .78 Final Assessment LID 322/LID 323 COST COMPARISON Both LID's were originally estimated to be the same per lot assessment. However, for the final roll the LID 323 project assessment is higher than LID 322 . The projects were combined for bidding purposes, however, there were separate schedules in the contract. The LID 323 schedule turned out to be more expensive per parcel of property serviced. Therefore the. Mayor Kelleher and City Council October 13 , 1988 Page 4 _... assessments were higher. A letter of explanation_ was,__-sent to all�roper�_owners wiEfiin LID 323 (See copy attached for further details. ) PAYMENT OF ASSESSMENT r Upon Council passing the ordinance confirming the final assessment roll, there is a 30-day period in which any portion or all of the assessment can be paid without interest charges. After the 30-day period, the balance is paid over a ten-year i period wherein each year's payment is 1/10th of the principal plus interest on the unpaid balance. The interest will be what \ the market dictates. J102-88 CITY OF MIENS �G September 26, 1988 REFERENCE: LID 323 - OLYMPIC VIEW HEIGHTS SANITARY SEWER DEAR PROPERTY OWNER: The City of Kent is pleased to inform you that the final assessment for thel sanitary sewer installation is $4 , 162 . 62 which is a 21% reduction from the preliminary estimated assessment of $5, 277 . 78 . This reduction is the result of the low bids received, the deletion of the asphalt overlay and good construction conditions which eliminated the need for the 10% contingency fund originally added into the preliminary assessments. I The reduction in the LID 322 area covering West View Terrace and Guinn Crest received even a larger reduction resulting in a final amount of $3 , 708 . 19 . The reason that this reduction is greater is that the construction cost per lot was less. There were fewer manholes and less pipe per lot. Also, even though the City provided some of the funding for the deep sewer on 103rd Ave. , the average depth required to service all of the lots in LID 323 was greater. Therefore additional backfill material was needed and manholes were deeper. In the final analysis, the LID 323 sewer system resulted in a higher construction cost. Please read the enclosed information regarding the final assessment and public hearing. Should you have any questions, please feel free to call me at 859-3384 . Very truly yours, Don Wickstrom, P. E. Director of Public Works :;I( 'Terrill Vesper Office Engineer MV:mw n III,m"r ^n i'F"r,WASHINGTON911092.5895 / TFLF:HONIF(^.OE)959-9300 l\•V, t • ^. QQ f rt dIl t ?I ,0 ,iN,• •. p _ tj 46) 1 n I _ DO i �.. pill + l t � Jo F 4W•0- I' A' ♦ I• I f•. • �� �+ � , tt ,' •,Y•2 .v �lUl`l CT I-T 1 e \ � H � eT ; ♦r• � i.r ; 11 � � t� 0! '�2: � .��' . '�rr � aye' it 4; •.�`-7 • us ti • err•. w \ ««. C._' ___ "17.1�_'-_� "_"' , r zt 2 stzlzn+ sr kl 7o. % ,• .' .y2• j. �p w _, •. � M• [\(/jam•/��. I » ' I I_•I •� �..�/ �.1 ��, ♦ ♦•• _ 37 400 I ♦ `� fir ar,r t .' w•,f •.. O j r«-.. .• 10`r�•�• .i tso .� _. / t ,r !y]L_.�... 1 wf ire . 33 �• sc.zuri+ vl 63 W5 t +t 3z t �•+��r / y i IW t h V \ L IL f e , ID ► II IZ i3� I + •of .�• • /'• .r1✓ ,•w .r prr r1• 1 n.. •• I] M?.r1 ,lrIt - �- Y �-2.1 .� I �• r •• ♦ C:.( •I(� 2 • '�7� u � 111 t •' � I•• ,r.M O1 ,, • ,p II• w' � • .. ', •f ur f r ..i'.I : �•. � •+� �.r�j i� ..e '• I:'... L�rOA► .. ,� . � `;.n •' ' W. �7+G,���l l.l' �• ' 4 •� `•+ OCi 13 ►�aa ��� � 21323 103rd Pl. S.E . CITY OF Y'FN'T j- Kent , Wa 98031 C►TY CLERK October 13 , 1988 City of Kent 220 4th Ave . South Kent , Wa 98032-5895 Attention: Merrill Vesper and Don Wickstrom, P .E . Director of Public Works , Office Engineer Dear Sirs : This is to inform you in writing that we are protesting the asses- sment . The sanitary sewer installed does not add any value to the property. For your records and information, I have included our appraisals , one before the sewers and one after . Please read the enclosed information . I expect to hear from you — in writing no later then October 21 , 1988 . Sincerely, John ZChromy Enclosures J CITY OF KENT 0 C T 13 1988 ENGINEERING T)EPT - LID 323 Owner: John and Donna Chromy Assessment #16 - Amount: $4, 162 . 62 RESPONSE The property owner claims that based on their before and after appraisals their property is not specially benefited by the improvements of the LID. In our review of the appraisals we feel " the appraisers made certain assumptions which were not appropriate for this particular situation. As such, in our opinion their conclusion as to the special benefit served is flawed. The 188 appraisal states that "no monetary gain or loss could be proven for sewer versus workable septic system using the market comparison approach to fair market value. " While as a general statement this is probably true but for this situation doubt is cast on "workable septic system. " While this particular septic system may have been functional it is existing however within an area where a significant number of systems have failed. Also the severity of some of the failures were such that repairs were not possible and the County Health Department was moving toward eviction (See attached letters) . Testimony taken at the public hearing on the formation for this LID and the adjacent Westview Terrace LID reiterated the fact that septic system failure and associated health problems were significant within the area. With this failure situation well documented both on ours and the County Health Department records it is difficult to assume a reasonable buyer would pay the same price for a house here on septic system verus a similar house on sewers. It's not comprehensible that a reasonable buyer would risk the loss of his investment in the home due to a failed septic system, particularly where the surrounding evidence points strongly to an eventual failure. To further our case the 188 appraisal assumed the septic system was properly functioning. The basis of said assumption was the 186 appraisal; however the 186 appraisal provided no professional evidence that the septic system was functional. Instead it noted sewers were coming. By doing so it is reasonable to assume that ---• the appraiser's concern for a drop in house value associated with a potential for septic system failure as evidenced by the area was merited because any lost values would be remedied by the connection to sewer. SUMMARY The depth of the appraisals were limited and they didn't take into account the documented septic system failure situation of the neighborhood. In fact the 186 appraisal could have easily assumed any potential failure problems would be compensated by the near connection to sewers and as such ignored the potential failure problem altogether. RECOMMENDATION No adjustment be made 1 • + Ir 40 Li re ♦D 2 • I*'� . ••V rt.• too re f. � a / f I i Imo' 1 � L It TJ � ♦ � �tJ�iI _���__ "S TN.ST i 5 E 212 I N d tt Y l ito 53 *' 44 406 Ir I � � 35 Flo ,f frU♦ e � •1.•'1 .• A•.. •.r. Q j j w•r+�7f 'r�33 - 701 Of $ i (y{\\ + ♦y�,' ' _ Ile ♦9i Atom' so . Z7 ♦ p alW 1 ' � , 1 , , , 'I,r'• „ � � � 1, -- — —; 11 Y' I I!' a • ,~. •.rr+•-.+{ 1 ` �AS , •t• ' Ifl 1. . + j r • 1 • .t f © .,w + AV ,•,,i A .,I4 rf, :, , r 1 , '� 1 1 :.. I {,,.ter.J...� , �..� � �I'41,'. ��••�,' � . /, �1 . • > j1 ,, �' III .�� Z' , Y i !© { D r n1 1 1 � � 'f ,' 11� ♦A+e � •a I� i „q� ♦ •' 11'1 , .� l 11� , wl: � .. t y�r11� - I+r�-I'1 ,+ 1 I t � � 1„k� {+a �= 1yt 'h�,�7tL'/ . •� p•-. 11 ; j � 1 I;• 1 .1 1 ( ri �N�* 1 •' ` r 040 /yam LL /!M�•�� n :I. • �.r�.l:'. ..._,rl� �. i ♦.Z._ .Y1,. ... :/1. �I... L�:��,. I.f. _ �4. ,. . .. .•.�~//1.: f/4..'l • _.Wtr �1 I I ®y G..crlptlon a Analysis UNIFORM RESIDENTIAL APPRAISAL REPORT itu.N..' nP-au-19 I P,up_eny Addmss 21 12 3-1 U 1 111 SIC Dh1,us Tract 294_01 LENDER DISCRETK)NAHY USE City Kent County King (033) Stale Wash ZiiDCode 98031 Sale Price _ Legal Description Lot 7 Olympic View Heights i 2 Dale Owner/Occupant John and Donna Chromy / owner Map Reference 48-F-2 Mortgage Amount $ Sale Price$ F.M.V. Date of Sale PROPERTY RIGHTS APPRAISED Mortgage Type _Loan charges/concessions to be paid by seller$ xQ Fee Simple Discount Points and Other Concessions R.E.Taxes E 1008.05 Tax Year 198E HOA s/Mo. no Leasehold Paid by Seller $ lender/Client Condominium(HUONA) I Oe Minimis PUD Source LOCATION LJ Urban Lxj Suburban Rural NEIGHBORHOOD ANALYSIS Good Avg. Fair Poor BUILT UP x❑Over 75%- 25.75% Under 25% Employment Stability 13 �- - GROWTH RATE x�Rapid Stable slow Convenience to Employment Q PROPERTY VALUES Increasing x❑Stable Ej Declining Convenience la Shopping DEMANO/SUPPLY Shortage x❑In Balance ❑Over Supply Convenience to Schools O . MARKETING TIME Uder 3 Mos. x 3.6 Mos. Over 6 Mos. Adequacy of Public Transportation x PRESENT LAND USE % LAND USE CHANGE PREDOMINANT SINGLE FAMILY HOUSING Recreation Facilities Q I Single Family 65 Not Likely OCCUPANCY PRICE AGE Adequacy of Utilities x 2.4 Family Likely Owner O i(000) (y'sl Property Compatibility Q g Multi-lamily In process xO Tenant 35 Low new Protection from Detrimental Cond. Commercial 1 2• To:SF a Comm 1 Vacant(0.5%) Q 1 50+ N 67 Police a Fire Protection Q h n Industrial from vac Vacant(ever 5%) Predominant General Appearance of Properties El LI 1-10 Vacant 23 •2tchurch site BD - 25 Appeal to Market M x F-1 El - - Note.Race or the racial composition of the neighborhood are not considered reliable appraisal factors. The immediate neighborhood cons!ats '("v COMMENTS: mainly of 20-30 yr avg+ qual homes w/several older, less gual a several better quality scattered.Most homes appear well maintained.Rapid comml growth along 108 Ave SE.New SF III visions scattered.Church site j blk SE is not considered detrimental Good local shg in w/i mile.Major shopping/employment 3 mi SW in Kent or 4 mi NW in Renton.Appeal Judged average. Dimensions 80 x 120 Topography mostly level/even Site Area 9600af (.22acres) Comer Lot no Size typical of area Zoning Classification SR 9.6 (single f a m r e s) Zoning Compliance yes Shape rectangular HIGHEST 6 BEST USE Present Use yes - Other Use Drainage appears adequate -" - UTILITIES Public Other SITE IMPROVEMENTS Type Public Private View none Electricity ID Street ailed mat. x❑ Landscaping average Gas x❑ Cab/Gulley no Driveway asphalt Water Q Sidewalk no Ej FApparent Easements none noted Sanitary Sewer M. Street Lights under g rnd wire x❑ FEMA Flood Hazard its' No X Storm Sewer x Alle no FEMA'MaplZore 510071-0750A 9/78 COMMENTS(Apparent adverse easements,encroachments,special assessments,slide areas,etc.): Traffic In the area is light a local. " No adverse conditions noted at time of inspection.Sewers just Installed 1988.Appraised as if both with and without sewers.Septic system aorceared functional as of 10/10/86. ' GENERAL DESCRIPTION EXTERIOR DESCRIPTION FOUNOA NT INSULATION Units 1 Foundation 6" cone. Slab No Area Sq.Ft. None Roof -- Stories 1 Exterior Walls cedar/brk Crawl Space Yes %Finished Ceiling Q Type(Di detached Roof Surface comp. Basement No Ceiling Walls xQ Design(Style) rambler Gullets 6 Ownspis. aluminum Sump Pump No Walls Floor ❑ Existing X Window Type aluminum Dampness No Floor None Proposed Slam Sash storms/DP Settlement No Outside Entry Adeguacya_v_g+ x0 Under Construction Screens yes Infestation No Energy Efficient Items: Age(Yrs.) 20 yrs Manufactured House Na crawl appears dry storms/DP, Effective Ar a(Yfs.) 7-9 yrs double pane slider lVisqueen on grnd. Fens, insert. -ROGIVIS MFoy,, L,,v.m, Dining Kitchen Den Family Rm. Red.Rm. Bedrooms r Baths Laundry Other Area Sq.Ft. Basement Level1 area 1. 1. 4. 1.75 gar hall 1,782.5 Love1 2 Finished area shore grade contains: 7 Rooms: 4 • Bedworri 2• Balh(s): 1,78 3 Square Feet of Gross Livinq A,ea SURFACES Materials/Condition HEATING KITCHEN EQUIP. ATTIC IMPROVEMENT ANALYSIS Good Avg. Fair Poor Floors HW,Stn,V,C/Av Type FA Refrigerator None Oualily of Construction +❑ ❑ Walls DW,Pan,Pap/Av Fuel gas Range/Oven Q Stairs Ej Condition of Improvements El Q Trim/Finish average+ Condition avg Disposal D Drop Stair 0 Room Siws/Layout 11 +❑ 11 El Bath Floor vinyl /avg Adequacy yes Dishwasher Q Scuttle x❑ Closets and Storage D x❑ 0 " _ m Bath Wainscol tile /avg COOLING Fan/Hood Q Floor Energy Efficiency O Q 0 El Doors standard/avg Central none Compactor Healed Plumbing-Adequacy 3 Condition x❑ R 1 d b 1 pane slider Other Washer/Dryer Finished Eleclfica6Adequacy a Condition E 0 Lr` x•+ insert Condition Microwave Kitchen Cabinets-Adequacy 8 Cord.El E Fireplace(s) stn,brk,s+ ,r 2+ Adequacy N/A Intercom Fx M I Compatibility to Neighborhood Q 0 ❑ CAR STORAGE: Garage L!j Attached x Adequate ■ lHouse Entry x Appeal 3 Marketability Q No.Cars 2+ Carport Detached Inadequate Outside Entry o Estimated Remaining Economic Life 56-56 Yrs. Condition avg None Built-In 7 Electric Doe x Basement Entry Estimated Remaining Physical Life 56-5B YTS. Addilional features: Above avg qual,mainly well maintained.New gutters,moat int point a soffets-1988. j Computerized the rani t a roof-1985.Li rm/fam rm carpets-1984.Lg stn antry.Mat bed access off entry a through 3 4 continental bath.8reak fast nook a 1g eat area.Cedar soffets. Depreciation(Physical,functional and external inadequacies,repairs needed,modernization,etc.): Functional floor plan.Wall bulge over bath door appears old a contained.Kitchen vinyl coming up at seam needs regluing. New gas - a water heater is leased. - General market conditions and prevalence and impact in subject/market area regarding loan discounts,interest buydowns and concessions: Suppl y a demand appear balanced in the general marketing area.Conventional, VA a FHA 30 yr loans are readily oval table from most area lenders O 10 -it % fixed.Current FHA and VA points are 1-3%.No other buydowne or concessions are typical. F1www Mac Form 10 10/66 12CH. AMERICAN REALTY FORMS,WC.•ALEXANORK Va IGINK.1(6013)642-9404•703-664.3500 Fmnw Mite Forrn 1004 10/06 Valuation section UNIFORM RESIDENTIAL APPRAISAL REPORT File Na. RP-88-191 Purpose.of Appraisal is to estimate Markel Value as defined in the Certification b SIMemenl of Limiting Conditions. BUILDING SKETCH(SHOW GROSS LIVING AREA ABOVE GRADE) ESTIMATED REPROOUG11ON COST-NEW-OF IMPROVEMENTS. a br Fr,,dav Mx m Fanrye"In.s,vw msy"A,lam catr+.il ..+,M mzt Dwelling 17 D 2.5 Sq.Ft.vT$ 4 l.5 0_..$_ 7J,974 See measurement addendum. Sq.Ft.r4$ house = 1781sf Extras 2 fireplaces + insert_ 3,250 garage = <S50s F> BI eppls,f ans,inLe room = 2,000 -" No economic or functional obsolescence taken. Special Energy Efficient Items strms,trms• = 3,000 8 yrs eff age 4 65 yrs = 12.3: physical deprec- PIXches.Palios,eiC. sLp,cvd P,Pat,F _ 2,500 is ti on. Garage/Carport 550 Sq.Ft.C4$ I1.00. 6,050 -Insulation included in base dwelling cost. Total Estimated Cost New ....................... _$ 92,774 Area analysis Indicates a contributing lot value Physical Functional External of $20000. Less Depreciation _1 1 164 0 0 =$ 1 1,164 Depreciated Value of Improvements =$ 81,610 .„. Site Imp."as is"(driveway,landscaping,etc.) _$ 1,50U ........................ Costs based on Marshall b Swift Residential Cast ESTIMATED SITE VALUE _$ 20,006 Handbook,influenced and adjusted by local builder (11 leasehold,show only leasehold value) coats. INDICATED VALUE BY COS[ APPROACH .........., m$ 103,1 t0 (Not Required by Freddie Mac and Fannie Mae) Construction Wananly U Yes U No Does property conform to applicable HUD/VA property standards? ❑Yes ❑ No Name of Warranty Program it No,explain: Warranty Coverage Expires The undersigned has recited three recant asks or oloperlfes most simibf and pmximale to simmer and has considemd these in the mnrPM amlysis.The Aescrplien InrkAes a ddmf adkniment rNrectbq market mectbn to those Items of significant vmiation between the subject and comparable a casn ies.It a 6gnil'x:mu ilnm m the cormarable prmv'rty in%11,,rc •� to.or mole favorable than,the subject property,a minus I-)adjustment is made.thus reducing the indkaled valets of eubimct it a Wollicant Rem"m the co mgnrable is inrefmr la. or less lsv Atlre than,the subject properly,a plus(+)adNetment is mode.tmm kereasing the i,dkated vahm of the sabient. ITEM SUBJECT COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.0 Ave - 2 P� -T90T=3E_T36 RI-- Address SE/Kent Kent Kent Kent Proximity to Subject 3 blocks NW 3 blocks west 24 blocks SE — Sales Price $ •M•V• $ 62950 ; 9I500 S�1n1tt�rt8Ifrt2n5m0t❑0tOR Price/Gross Liv.Area $ t7]S 47.67 a] $ 52.29 m S 54.26 wII1IIllllllllllllllll�11111 Data Source inspection ty MLS WR R Coun WRER County MLS WRER/MLS VALUE ADJUSTMENTS DESCRIPTIONDESCRIPTION •(-Is A,rpamem DESCRIPTION •(-)s adpntmmr DESCRIPTION .(.IS arMRm.an Sales IXFinancing convention) none conventi onl none FHA Concessions 1 point -600 Dale of Sale/Time epp 10/b 8B 8 25 88 cl ; none 7/20/08 cl ; none 12/6%61 cl ; none local'on A+ UU A-/wires +1000 avg+/UU A/UU/comml +1000 SileNiew .22ac none .24ac/none -- .22ac/none .16ac/none Design and Appeal rambler A+ rambler/av+ �— rambler/av+ rambler/av+ _ Oualil o(Corlstruction A+ 12Sbrk C A+/12'.brk/C ; A+%l2:brk/C 1 A+/12X1brk/C t Age 20 yrs 23 yrs 22 yrs 22 yrs Condition eff 6 yrs err 10 yrs +2000 eff 8 yrs eff B yrs _�— .. Above Grade Total ,earm, BAIM Wat .Bdrms SAlra btal ,Dom, Balrts 7nlalTBdims, Baths Room Count 7 4 r 2.0 6 3 1 +I500 6 ) 7 2 +500 6 S 2 .SOU • ' ii: Gross Living Area L,763 Sq,FL 1740 S%FI.; +600 1750 Sq.FL; +500 I520 Sq,Fl.l +3900-- "" Basement bFinished None none none none Rooms Below Grade _ Funclional Uhlily average avg _avg avgg_ Heating/Cooling FA none EBB/none +500 FA/none FA/none Garagelcarporl 2+car att G 2+car att G ; 2+car att G ; 2 car att G ; +500_ Porches,Patio, Cvd Pat,pat small porch stoop Ig curt pa to Pools,etc, stoop pat,shed none r.vd patio +500 sm shd,stp none Special Energy back fence back fence back fence back fence liniment Items storms/DP part sLorms ; +500 atrms,sklts -500 single pane +1000 Fileplace(s) 2 FP+insert 1 fireplace +15U0 1 fireplace ; +I 500 1 fireplace ; +15U0_ Other(e.g.kitchen I� s — B I s rl s D I ; equip.,remodeling) sw-r hookup _650 1 _ Net Adj.(total) + —'S ' �� + J=$ 1,B5o %} —�S 7,6U0 Indicated Value11111111M' of S $ 90,550 $ 93,350 $ 90, 100 ubjocl Comments on Sales Comparison: hose cumplarables used are considered the best, closest and most recent currently available.Sales T,2 8 3 have sewers.Adjustment was made for sale -0 S's neighborhood ue E5­commercia and apartment influences;UU Lo house, but wires on st teat. INDICATED VALUE BY SALES COMPARISON APPROACH ,•.•, $ 91,000 INDICATED VALUE BY INCOME APPROACH(It Applicable)Estimated Market Rent$ N/A /Mo.x Grass Rent Multiplier $ _N/A. This appraisal is made E "as is-❑ subject to the repairs,alterations,inspections or conditions listed below ❑completion per plans and specifications. Comments and Conditions of Appraisal: The value of personal property was not included in Lhe estimated market valuation of the subject property. Final Reconciliation No value could be proven for the addition of sewer lines when sepLir. systems are adequate.Most consideration wee given to the Market Comparison Approach,the best current nits—Eor o r e�ir�r arkelaalhe cost approaM includes r.osLsnot fully eppreclaf.e%in EMV. This appraisal is based upon the above requirements,the certification,contingent and limiting conditions,and Markel Value definition that are stated in ❑ FmHA,HUD b/or VA instructions. ❑x Freddie Mac Form 439(Rev.7/86)/Fannie Mae Form 10048(Rev.7186)filed with client Oct nh c r_6, 1g.fin n atlarlmd I (WE) ESTIMATE THE MARKET VALUE. AS DEFINED. OF THE SUBJECT PROPERTY AS OF Oc Eo5er �� 19 IT to beS _ 91,•1'D�-_ - - I I*.)certify:that to the best of my lots)knowledge and belief[lie lacts and data use herein are true and correct;that I(we.)prr ionall•,iorieraro Ilse slibird popery,hoth t inside and out,and have made an exterior inspeclion of all comparable sales tiled in this report;and that I(we.)have no undisrinsen idea st,present or prospective therein. APPRAISER S) I1y� ((�� ,,���� nfwfW ArrnN6nl I , . �mlum �v.�lr l lk,(�A1{- nv.i4.s,....� �� d aplrlieal,JeJ uknvuum (� Did 1__I Did N01 Noma L8Lny 6.billispit/ one revost N.a„e II L672 LOU Inspect Property -lddie Mae Farm 70 10186 12CH. AMERICAN REALTY FORMS,WC.•ALE%A••'tnlA,VIHGNIA s 1(800I842-9494 s 703-684-3500 Fran Mae Farm t004 10/86 Valuation Section Uivir-unalll nCa1t/G1%a 1H11i, Hs'f f1MaJMV alf_,1-vra s File No' RP-88-191 Purpose of Appraisal is to eelimme Market Value as dell no in the Cerulicalion 8 Slalemcnt of Limiting Conditions. BUILDING SKETCH(SHOW GIIUi LIVING AREA AOOVE GRADE) ESTIMATERRJP�flUCS ION COST-NEW 4qF I�IIPROVEMENTS: 73,974 nl,vr.,••a,kl,c=Ica..,ka•,.a.,,.,.vv;"n,,..e.au,k,4nuo.v.�c,„a wr..,.e v..... ,,.v:v. Dwelling' Sig FI a$ s$ See measurement. addendum. Sq.FL tl house = 1781sf Extras 2 fIreplares + insert 3.2.__ garage = (5N0sr> BI a pp ls,Fans,intercom 2,000_ No economic, or functional obsolescence taken. Special Energy Efficient llama strms,It run s• = 3,BU0_�. 8 yrs eff age 4 65 yrs = 12.3% physical deprec- Patches.Palios,etc. at p,evd P,Pat,F is t Lon. Garage/Catporl 550 Sq.FI.0$ 11.00. - 6,050 -insulation included in base dwelling cast. Total Estimated Cost New ....................... m$ 92,774 Area analysis indicates a contributing lot value Physical Funcllonal External of $20000. Less Depreciation !l 164 0 0 -$ 1 l, 164 Depreciated Value of Improvements -$_ 8 I,6 t 0 Site Imp."as is"(driveway,landscaping,etc.) _ -$ l,500 Costs based on Marshall 6 Swift Residential Cost ESTIMATED SITE VALUE ........................ -$ 20,000 . Handbook,influenced and adjusted by local builder (If leasehold,show only leasehold value.) costs. INDICATED VALUE B!COST APPROACH ........... =$ 10 3, 1 1 0 (Nut Requited by Freddie Mac and Fannie Mae) Construction Warranty Yes ONO Dues property conluun to applicable HUDIVA property standards? ❑ Yes ❑No Name of Warranty Program _—_- 11 No,explain: Warranty Coverage Expires The mtim,i W nd I,as rorAted IMae fecw,l wws of pepwt4s most sinwkir ant wox"ma re to aeyecl and has coruslmatl these it Ilq rtnrkel alnF/Sia.The dnsaolxn iw v i s o tlolrx RR rdmslimva,mrtocaq market reaction to those items of siyivrk vwmtion belween rro subinr:l and comparable pops l*a.it a siranincanl item in tto comgamwe pp,mtY is supra or to.or mac mvurnLle than,the subject poperlY.a mina I-)adlustmmu is mane.thus mdurbq the maw aced vi of avi it a significant tram in the worarable m inly,o to. a less la a I ble than.the suhfect pronvilY,a plus I+)adknlment is made.thus'v x:ra asiiq it.iMicaled value of the subpcl. REM SUBJECT COMPARABLE NO. COMP7N0.XCOMPARABLE NO.6 21323-1OJP1 23230-117 Ave SE 11112-SE22320-113 P1SE Address SE/Kent t' 'IKent Ken[ Kent to Subject 111RJfI0IDI0l1IlI0ll01000 25 blanks SE 25 block17 bloks SESales Price $ F.M.v. s 8v,00 ��II�I�I�Ifllllf� � s elzRooRtolMN/A pJ$ A. 00 $ 49.3 $ 46.46 Q1��QI��IIIIQ��III�01°Data Source inspection WRER/MLS WRER/MLSWRER VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION .(-)S m1ustaem DESCRIPTION •i-)s ArMrama4 DESCRIPTION r I-IS Au l-,-- Sales or Financing �IIIIIIIjI((II�I'((I�I��IIII��IIIjjII FHA FHA FHA Concessions UUIIUIIUIUIDU® 1 point i -B50 1 point -800 1 point -800 Dale of Salel7dle app LO/6/88 6/7/88 cl ; none 4/29/BB cl ; none 5/2 S/88 el none Location A+/UU/sewer FR/chrch/no ; +2000 FR/chrch/no ; w/site A-/wires/no ; +I000 Sile/View .22ac/none .21 ar./none none .42ac/none +1000 .2Sac/none none--T Design and Appeal rambler/A+ rambler/av+ rambler/av+ rambler _ Dually of Conelmclion A+/12:brk/C A/etuc/comp I +S800 avg/frm/crap ; +4700 A/lOSbrk/r.p 1 +41UU Age 20 yrs 26 years 28 yrs 22 yrs Cordilion eff 8 yrs eff 9 yrs I +1000 efF 11 yrs 3+000 err 10 yrs +2000 .� Above Grade kilmTeoa.4' ealln bun ;lu�ms i calms wla—r s Bares Tow 'ammo' eamJ Room Count 7 4 2.0 7 3 r 2 +500 8 4 2 6 3 24 none 1, 83 I930 -220D 1580 +3000 1765 FI.; +300 Gross Living Area Sq.Ft. Sq.Ft.1 Sq.F1.1 Sq non None e none none Basement 6 Finished "I Rooms Below Glade ' avg av Fuxlional Utility average avg g Healing/Coaling FA none FA no lie FA/none FA/none _ - _GaragelCa I 2+car stL G 2+car aLt G 2 car art G +500 I+car ant G +15U0 . -� Porches,Paliu, Cvd Pat,pat kennel deck � stoop, ; cvd patio, Pools,elc. stoop am porch none am good and 1 +500 deck,shed -1000 Special +L000 full fence -1000 hack fence Energy bark fence none Efficient Items storms/DP part storms ; +500 single pane { +1000 S.P.,sk It 1 +600_ Fimplace(s) 2 FP+ins art 1 firepTare ', +1500 2 fireplace +500 2 fireplace +500 Other(e.g.kitchen B[s BIs Ells B l s equip.,remodeling) Ncl Ad.hutall + -�$ 9,25U % + -�$ 12,400 + -�S 8,60U Indicated Value 94 750 $ 90,400 S 90,600 of Suhjecl S ' ComnlentssitSalesComparison: Hrgher adjust eels were necessary due to lank of recent. of Lite suui size 6 quality on septic systems.Sales 4,5 6 6 were on septic systems.Quality was adjusted at - -- — $f.OU a square foot.So Les q6 ,f were adjusted for church in Fl ue noes (across street 911 000 ... INDICATED VALUE BY SALES COMPARISON APPROACH ......-..-..•...•.•.....•.•...•.•••.••••'-""""""""" $ ® INDICATED VALUE BY INCOME APPROACH(U Applicable)Estimated Market Rent$ N/A • /Mo.x Gross Rent Multiplier -$ This appraisal is made Q "as is'❑ subject to the repairs,alleralions,inspections or conditions listed below ❑completion per plans and specifications. Comments and Conditions of Appraisal: Final Reconciliation: This apWaisal is based upon the above requirements,the ce l cation,contmycnl and Itiinig conditions,and Market Value definition Ilia[are stated in j 1 ❑ FmHA,HUD 8/or VA instructions. Q Freddie Mac Form 439(Rev.7186)lFannie Mae Form 10048(Rev 7186)Ii1ed with client October 6, t9 B 8 Q attached. 1 1 (WE) ESTIMATE THE MARKET VALUE, AS DEFINED, OF THE SUBJECT PROPERTY AS DF �C t° a-�—I9�B 10 he$ 9 1'000 I(M)certify:that to the best of my(our)knowledge and belief the facts and data used herein are true and coned;that I(we)personally inspected the subject property,boll -inside and out,and have made an exterior inspection of all comparable sales cited in this repurC and that I(we)have no undisclosed interest,present or prospective Ihetein:- APPRAISER(S) REVIEW APPRAISER S' i f t ` •`-,�,1•� '� i2r� /_�/�(il applicable) S' nature ❑ Did ❑ Did Not Nno a 1 a spa o n o r e o s t`'— tknie Inspect Property F,eddm Mac Form 70 10/043 12CH. AMERICAN R@Alry rotims,INC.•KLXMUIeA,Vllrl'JNIA•I Ii 642-a4e4•70J-bd4-JWQ Fwmwr Mao Fam 1004 1 Wee BUILDING SKETCH r I I i r I , f I I . I 10 1 ' I .ri , 1 I , I 1 , 1 ( I ' 1 1 , ' r Il 1 3(, _I it I I - 3,-N0 o = 1540 4 _ gst. 7s s I�Z x 3 y'Is - u.•uca ru 1113 SF 7aa.s . 31x�s - 5sa �P .� aeaev c, r4vno /o X 13'I•L = !35- SF LOT LOCATION SKETCH INCLUDING THE PLOTTING OF THE LOCATION OF ANY ADVERSE INFLUENCES PIP 202 y��r 41 �a1 +tY9`l�Y="S kGAss4 jib' �'r.t ..l•�„�1 ark" -i�,f,4' TS r 't,': �y R {` irt� P� y.F^R' t'T_.^ M �\,`�.{rr�''•�y„v; SR'�(i{+'•7K y - � i!S`9 I'� Y a Y � ..r ?ya"tt l`th4 f'4 r'K't ✓ r .t'.' t t , \ d:-�i ti�i-"!�r'i5~'.�y t jY.i.�:(a 1 " SS ��� �\'y.r•.;i,�,�C`_t,�:. v 4s�; ` �. t�,� r>/<��Si%•'Wl"'t K•'' •ct�'. .�,Y",ay�s i7•+. �v��= !*s VS r 4y"A \ •.. a ttfv lfs i iz r Irh F 6jt.r4z r' in •M1.•i •�XSif`".vykal"yh.�"'tn a', ... •.. , ��^•,: - + ate, r r r , Lei,�i �'�r �`':3•d .h' si� � �. �1, t � i`P"4�y5'.v•. .Yl �"�R7`H'S'r rY o�F 2 t. r t✓n+'.a�".,,Y�^x 4,�.`` � V"t.S:7 y r ��k Lei �r +r: \ ...r7�;w e4��-,'R�}^: } s _ 7" v.+ .,.v.tpt• t�S'i�j::R L; •fie ?.� a 5,• t ( trt {.+^tlw+ 4 iy, �c tr t{l,�+xy -V: � t , _: -. t' }^R�" *�. v"¢°��a �` V c y � nst �iP++c�`��♦ kt+?t; ,yi3 ,�C"". z r w +14i:.• �.t iA�ir i•°'at CJ-�h'�• �iSi`'•rs,24a �'•un..ar.-.�3yv...r� "t+'yc! .�!�.t � tar L iLM.f 1`.w•� MI.�.X•r�aY< Y�'� L� ��� I r r �j'"jT w- �''�wecw" +;;r''�',°`ww�Tr`r t,4.�• ::R.lr• ..- �r.l�„�^`'.��r`.'.�Y�'44�r"�L.F"Xa�q�_^J.•"5yM'_��•- rJ T i:" e'irt;L wil,-. ��l'v'G+.r::�e���1•rort`�`r'+..w• u...'•'J' ITEMIZED LIST OF REPAIRS N0.606 It is our professional opinion that the value of the property and improvements thereon is as stated in the attached . appraisal report.This value is composed of the property and improvements as is,plus performance of the below listed items and requirements of repair,completion or certification.It is the lender's option to waive or require any of these items of repair,completion or certification, if so desired,however•it is understood that-if any items are so waived or deleted.without their being performed, the originally estimated value may or may not be supportable. ITEMS TO BE INSPECTED BY A PROFESSIONAL CONTRACTOR ❑General soil condition of property ❑Termite or Pest Inspection ❑Septic Tank Inspection ❑Heating ❑Plumbing ❑Electrical Wiring ❑Foundation ❑Roof ❑Dry Rot ❑ All residences involving septic tank systems are subject to possible inspection.The appraiser assumes they are all .. properly maintained and in good working order..However,on each residence your appraiser will report the following prior to inspection: ❑a. The observed condition of the site appears to reflect adequate drainage and no noticeable septic tank problem. _.. - ❑b. The observed condition of the site appears that there could be a drainage problem due to septic tank.An inspection might be considered. ❑c. The observed condition of the site appears that there could be a drainage problem due to topography. An engineer's study..might be considered. ❑d. Proposed qr new construction. REPAIRS - Required M) /Suggested(S) s COMMENTS - Sale # 1, Total sewer assessments paid by seller. Sale # 2, Sewe±-assessments to be paid by seller; hookup fees to be paid by buyer and expected to cost aprox $650.00. 1 Sale # 3, Had existing sewer system. No monetary gain or loss could be proven for sewer versus workable septic system using the market comparison approach to Fair Market Value. CLIENT JOB NUMBER Mr John Chromy RP-88-191 A OR IT C UN7 TAT 21321-103 P1. SE Kent Kin WA APPRAISER A VA Gillispie Prevost rMUER 1 000 October 6 '1988 N/A FORM NO.506 87180 12061 879•16301927.2439 1 DF.FINI'1'I ON OF fs 1A RKEI'VALUE.:'I he most probable price which ail'upety should bring in a competitive and open smokes under all cundowns requisite lit a lair sale,Ilse buyer and seller,each acting prudently,knowledgeably and assuming the price is not al'lected by undue stimulus. Implicit in this definition is [lie consummation of a sale as of a specified dale and the passing of title from seller to buyer under conditions whereby:(1)buyer and seller are typically motivated;(2)both parties are well infomled or well advised, and each acting in what he considers his own best interest;(3)a reasonable time is allowed for exposure in the open market;(4) paynem is made in Icmrs of cash in U.S. dollars or in temrs of financial - arrangenrents comparable thereto;and(5) the price represents she normal consideration for the property sold unaffected by special or creative financing or sales concessions" granted by anyone associated with the sale. •Adjucunents to die comparables nmst be made for special or creative financing or sales concessions. Nu adjuxtnents are necessary for those costs which ate nornrully paid by sellers us a result of tradition or law in a market area;these costs are readily identifiable since the seller pays these costs in virtually all sales transactions.Special ur creaive financing adjustments can he made to life comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property ear Iransaction. Any adjusunem should not be calculated on a mechanical dollar for dollar cost ill file lin:racing or concession but the dollar amount of;my adjustment should approximate the market'%reaction to the financing or concessions based mr life appraiser's judgment. CERTIFICATION AND STATEMENT OF LIMITING CONDITIONS CERTIFICATION:'life Appraiser certifies and agrees that: 1.The Appraiser has no present or contemplated future brterest in tl¢property appraised;and neilhei the employment to make the appraisal,nor the compensation for it,is contingent upon the appraised value of the property. - 2.The Appraiser has no personal interest in or bias with respect to the subject matter of the appraisal report or the parti6 pants to the sale.The"Estunate of Markel Value"in the appraisal report is not based in whole or in part upon the race,color, or national otigin of the prospective owners or occupants of the property appraised,or upon the race,color or national origin of the present owners or occupants of the properties in tire vicinity of the property appraised. 3. The Appraiser has personally inspected Else property,both inside and out,and has made an exterior inspection of all comparable sales listed fit the report.To the best of the Appraiser's knowledge and belief,all statements and information in this report are true and correct,and the Appraiser has not knowingly withheld any significant information. 4. All contingent and limiting conditions are contained herein(imposed by the terms of the assignment or by the under- signed affecting the analyses,opinions,and conclusions contained in the report). 5. This appraisal report has been made in conformity with and is subject to lire requirements of the Code of Professional Ethics and Standards of Professional Conduct of the appraisal organizations with which the Appraiser is affiliated. .. 6. All conclusions and opinions concerning the teal estate that are set forth in the appraisal report were prepared by the Appraiser whose signature appears on the appraisal report,unless indicated as"Review Appraiser"No change of any item in the appraisal report shall be made by anyone other than the Appraiser,and the Appraiser shall have no responsibility for any such unauthorized change. CONTINGENT AND LIMITING CONDITIONS:The certification of the Appraiser appeating in the appraisal report is subject s to the following conditions and to such other specific and bantling conditions as are set forth by the Appraiser in the report. 1.The Appraiser assumes no responsibility for matters of a legal nature affecting the property appraised or the title there- to,nor does the Appraiser tender any opinion as to the title,which is assumed to be good and marketable.The property is ... - - appraised as though under responsible ownership. 2. Any sketch in the report may slow approximate dimensions and is included to assist the reader in_visualizing the prop. erty.Tire Appraisser has made no survey of Elie property. ' 3.The appraiser is not required to give testimony or appear in court because of having made the appraisal with reference to the property in question,unless arrangements have been previously made therefor. 4. Any distribution of the valuation in the report between land and improvements applies only under the existing program of utilization.The separate valuations for land and building must not be used in conjunction with any other appraisal and are invalid if so used. 5.The Appraiser assumes that there are no hidden or urnpparent conditions of the property,subsoil,or structures,which - would render it more or less valuable.The Appraiser assumes no responsibility for such conditions,or for engineering which might be required to discover such factors. _ 6.Information,estimates,and opinions furnished to the Appraiser,and contained in the report,were obtained from sources considered reliable and believed to be true and correct. However,no responsibility for accuracy of such items furnished the Appraiser can be assumed by the Appraiser. 7.Disclosure of the contentsaf the appraisal report is governed by the Bylaws and Regulations of the professional appraisal organizations with which the Appraiser is affiliated. S. Neither all,nor any part of the content of the report,or copy thereof(including conclusions as to the property value, the identity of the Appraiser,professional designations,reference to any professional appraisal organizations,or the firm with which the Appraiser is connected),shall be used for any purposes by anyone but the client specified in the report,the borrower if appraisal fee paid by same,the mortgagee or its successors and assigns,mortgage insurers,consultants,professional appraisal organizations,any state or federally approved financial institution,any department,agency,or instrumentality of the United States or any state or the District of Columbia,without the previous written consent of the Appraiser;not shall it be conveyed by anyone to the public through advertising, public relations,news,sales,or other media,without the written consent and approval of the Appraiscr: 9. On all appraisals,subject to satisfactory completion,repairs,or alterations,the appraisal report and value conclusion ate contingent upon completion of the improvements in a workmanlike manner. October 6r 1988 f ,;;� t l .•':I l�`�2 'li � ��. . — Dale:. . . . . . Apprarset(s) . . . . `.� . . . . . . . . . . . . . I S Ll 4 8 L� 2 I I IT ITT, ........ IM", rn sr' -F, s 212rH ST 0 II IEN (IF nf ;A .1q Fli-,I I IF 7 j- IT iE 12 it 11 ILI IV C�� -VI 3 3 3: w al 18 Cn, ;J :4 14 5 4 KENT l7K 7 1 IF NOTIF I Irn �LL "ITIT V e r 0> I V ll� TI 3 All, ,og X'��Iql ITT 4 Ir ti IT, IF rap SS g 0, CrY.�� Y• t lA l.. J. 4r; r•� + tAw+I�>Nrv..�n. _ '�"�1r�-'.e.-,kn•Ly,.R.-��.�,._..n .r.a ^��,��.��,"'�J`'�_��''11 �'L"M�. �ti"'+.�L�w^��•l"..fa..'7y+ ..r+F' -.r✓.�1.".I rt w f Y N ..K a •f a�� .M : ^`" .s X r c. is r�'.f..� �. •�:k.). '��•.-•e'^.,; � r l� �- }��' { e • • Rr y...�l�,(�,[y '..y��i�,. �+' t � r¢���i.eµ'3�a'.S-:'�y..-.e�! .J f, •K Zq,4..• 4:��S'��ed� �"'��,aa �.9 ram. 5.� AP-88-191 _,• Septic Comparable Sales iy I %M Sale # 4 23230-112 Ave SE n Sale # 5 11112-SE 232 St _7T ♦ 'f 031271ee Le-»ea ee-�e�t MKT-TIMe- e 611-1 11-1 eml 1 rt A4i—FS+el4i�1LL O,M ZNS AUK 's!EASIYAL Gyp fud— "BUD11LM$:E:9flll__.1::JS1liJL— ;.� ear J7�1S1619L i o A T, i'a&MIA1__�f.191iL___ Es�tWMPOSIIIpx VS.fldflSOPI MIGC p2MJCA Gfl2Pfl ene Sale # 6 1 ➢N 5 ! Acprfl @em 7 SW1Lsud3.E1E.fdJi—'flyssoea 22320-113 PI SE ,AI>rEafls__ 1� �1�oq�PENIpt��s: SVMII_ MONE �AE!I�AULE_ a.. VEAB-�J 4iffILL_ ❑❑�, '_4ESIDENTIAL APPRAISAL RE!ORT a k� FtieNo. RP06- • Borrower • John and Donna M. Chrom CemwTrn✓ 94 O MAP Reference -F- Property Address 21323 - 103 P1. SE County Ki fill (033) Slntn We hinnt on Zip Code 9pj]f1 - city Kent Le al Description Lqt 7 O1 m ie View Hei hts A 2 Sale Price S R e f i n a nc eDele of Sold Loan Term yrs. Property Rights Appraised ❑Fee n Leasehold n DCMinimis PLO Actual Real Estate Taxes S 877.03 86 lY/I Loon charges Io be paid by seller S Olhor sales concessions under/Cnent Home Savings Address Occupant owner Appraiser PREVOSi Inslrucllons to Appraiser 530 07106 eM Ave h4 n•• Location ❑Urban ©Suburban ❑Rural ❑ ❑x ❑ Built up ©Over 75% ❑25%to 75% ❑Under 25% EmploYmenl Stability ©Stead Slow Convenience to Employment ❑ Q ❑ ❑ Growth Re Q Fully Day. ❑Rapid Y ❑Slo1:1 Property Values ❑Increasing ©Stable El Declining Convenience to Shopping ❑ O ❑ ❑ DemandBupplY ❑Shortage ©In Balance ❑Over Supply Convenience to Schools i Marketing Time ❑Under a Mos 04-8 Mos. ❑Over a Mos. Adequacy of Public Transportation Q ❑" ❑ r L_, Present Land Use 7 5 %I Family_%2-4 Family_%Apia._%Condo_%Commercial Recreational Facilities 2 ok chu rch ai to Adequacy of Utilities ❑ ❑ ❑ ❑ , _%Indualrial 2 3 M Vacant_ I ©Not Likely Likely(•I ❑Taking Place(•I Property Compatibility ❑ ❑" ❑ ❑ Change In Present Land Use Y ❑ (.)From To Protection from Detrimental Conditions❑ Q ❑ ❑ -; Predominant Occupancy ©Owner ❑Tenant %Vacant Police and Fire Protection ® Q ❑ U 350001of 150000 Predominant Value$ 75000 General Appearances of Properties ❑ Q ❑ El ! Single Family Price Range f x Single Family Aga 2. yn,10 65. yrs. Predominant Aga 25. yrs. Appeal to Merkel Note:FHLMC/FNMA do trot consider race or the racfsl composition of The neighborhood to be tellable appraisal factors. The 1 men e d i a t e n e i q h- Comment,including those faclore,favorable or unfavorable,affecting marketability(e.g.public parka,schopis,view,noise) boyhood consists mainly of 20 30 yr Al g quality homes but with several older,lesser quality_ tat ion 4 bl� _d several newer better ualit scatLered.Must homes appear well alntai eel Fire s SE.New church site J blk SE is not detrimental.Local shopping d grade school 8 blks NE A 100 Ave $E 8 SE 208 St.Major oho In and employment 3 miles SW in Kent or_4 miles NW in flea ton. Overall appeal .Is judged average buL above average in the subject subdivision. BID x 1 ZU = Sq Ft.or AErkso x x ❑Corner Lof Dimensions Zoning classification S R 9.6 (a i Is I e f am i l y residential) Present improvements ®do ❑do not conform to zoning regulations Highest and beat use ®Present use ❑Other apeciry) -� Public Other(Describe) OFF SITE IMPROVEMENTS Topo even with street grade; level Elea © Street Access: ©Public❑private Size deal of neighborhood. Gas i © Surface asphalt Shape rectangular Water © Maintenance: ❑Public❑Private View none , San Sao,. Q septic ©Storm Sewer ❑Curb/Gutter Drainage appears adequate Underground Eiecl.L Tel. Sidewalk Street Lights la Vn DrWmtT Ixsted In a NUB Identified Speclai Flood Nazord Ana? 0 NO ❑Yes Comments(favorable or unfavorable Including any apparent adverse easements,encroachments or other adverse conditions) 5 3007 1-0 3 5OA/9-29-7f Traff'c in the area is light A local.No adverse easements or conditions noted. ©Existing❑Proposed❑Under Conslr. No.Units 1 Type Idet duplex.semi/del,etc.) Design(rambler,split level,etc.) Exterior Walls Yrs.Age Actual 18- Effective d•to 6• No.Smrie, I detached rambler cedar/12% brl i Gutters 8 Downspouts ❑None indow(Type): aluminum single pane Insulation None Float- MR Fact Malarial composition e t o 1 ' Storm Sesn ❑x Screens ❑x Combination Q Calling oof x Walls Manulaelured Houaln _. Basement ❑Floor Drain Finished Ceiling Faun WslWalls ❑Outside Entrance ❑Sump Pump Finished Wells N/A 6" concrete ❑Concrete Floor _-%Flnbhed Finished Floor QStab on Grade© Crawl Space Evidence ol'. Dens nov Termites 0 Settlement Comments The foundoLion appears basically sound.the crawl area appears dry and well vented. Visqueen on ground. Room List Foyer Living Dlning Kitchen Om, Family Rm. Rec.Rm. Bedrooms No.Bath Laundry Other Basement I,t Level 1 1• 1 1 4. 1 3/4 gar. kit eat area 2nd Level Finished area ebzve grade conlnlns a total of 7• rooms 4, bedrooms 2. Dams.Bross Living Area 1 7 0 2.5 >Q.It.Osmt Artie none sq it. Kitchen Equipment: ❑Refrigerator ©Range/Oven❑x Disposal ❑" Dishwasher ® Fan/Hood ❑CUTDICtpf ❑Washer ❑Dryer Q hook up HEAT: TWE] pe FA Fuel gas Cond.a d e qu a t e AIP CONO: (—]central ❑x Other none O Adequate ❑Inedepuelr F ( ❑Hardwood ®Carpel Over t w ❑ v s n y flow An for Imr ®Drywall ❑Plaster ❑ Duality of Construction(Materials W Finish) Q Q ❑ ❑ , inish ❑Good ®Average ❑Fair ❑Poor Condition of Improvements Q Q ❑ ❑ loor ❑Ceramic ® v i n y 1 Room Sues and Layout ❑ Q ❑ ❑ainscot ®Ceramic ❑ Closets and Storage ❑ Q ❑ ❑ l Features(including energy efficient items Standard i n s u l a L i o n. ; Insulation—adequacy9Lorens © Q ❑ ❑ orm windows.Dbl pn slgl door.0ath fon.Wrapped Plumbing—adequacy end condition tank.Computerized Lhermusta L(1905).(continued) Electrical—adequacy and condition 200 ampQ Q ❑ LI: ®Yes ❑No ❑Stairway ❑Drop-slalr© South@ ❑Floored . Kitchen Cabinets—adequacy and condlllon ❑ Q ❑ ❑ ad(Desribe) ❑Heeled Compatibility to Neighborhood ❑ Q ❑ ❑TORAGE: Q Garage❑Built-in ©Attached ❑ Dniached Q Cm Port Overall Livability ❑ Q ❑ ❑ ars 2. ©Adequate❑Inadequate Condition a v rs r a g C + Appeal and Marketability Q Q ❑ ❑ aundry hookups are in the garage. In Ed Remaining Empomlc tilt 59• to 6l-.Explain 11 leis then Loan Term FIREPLACES,PATIOS,POOL.FENCES.file.Idescrlbe) tine ace zvrm step ace. rse ace w s eve znspr (1901)in family room-Small front stoop.I0xl3( back roofed patio/porch.1000 cone patio.(eontl f. The subject is of svg. gust cons[ t COMMENTS(including functional or a i fie inadequacies,repairs needed.modernization.ale) � has been well ma in tained.New roof 1905.Nen liv rm d fans rm carpets 1984.Stane (looted entry. t 01 dressers in master br '^ruom.Functionai floor plan.Maoter bedroom has access off entry and through continental 3// 7.Henting,wiring and plumbing appear adeque te.Compute ri zed thermo- stat Welded 1905.5tor, ver IS yrs ago ?Ifp roof dealgn Appbol to fudged above averaffr. i+ FHLMC Form 7a Rey. T7 C^' ATTz .iVE- ^F SUBJECT PROPERTY AND STREET SCENE FNMA Form Vaal Rev bl VALUATION SECTION _ ' Purpose of Appraisal Is to estimate Merkel Value as defined In Certification&Statement of Limiting Conditions(FHLM. m 439/FNMA Form 10048).If submitted is lot FNMA,the appraiser must attach (1)sketch or map showing location of subject.street names.distance[ram arelt Intersection,and any detrimental r' conditions and(2)trichina,building sketch of improvements showing dimensions. P Measurements No.Stories sq.Ft. ESTIMATED REPRODUCTION COST—NEW—OF IMPROVEMENTS. R: Dwelling 1,702.5 Sq.FI.@S 37.00 = f 65,953 4't 15 a 22 k 1 - 330 Sq.Ft.@S = • °] 14 . a 40 •x 1 = 560 .Extras 2 fireplaces + insert = 3,250 _ ' 26.5x 29 x 1 = 768.5 BI appls,bath fan,intercom,dish ex 3,000 124 .Special Energy Efficient Items Stdrms,trmst • = 3,000 22 x 25 a garage = <550> Porches,Patios.etc. stoop cvd pet,pet,F. 21 500 a Garage/Car Pat 550 Sq.Ft.@S 11.00 - 6,050 _ Total Gross Living Area(Llat In Market Oats Analysis below) 1,7 8 2.5 site Improvements(driveway,landscaping,etc. 2.000 Comment on functional and economic obsolescence: No economic o r Total Estimated Cost New . . . . . . . . . = S 85,7 5 3 functional obsolescence taken. Physical Functional Economic ;h -insulation included in base dwell lng costs. Less rl __T yrs tiff age 465 yrs = 7.7% physical deprec. DepreciadonS 660 f 0 $ Gxz $( 6,603 (' Area analysis indicates a contributing lot Depreciated value of improvements . . . . . . = S 79, 150 Value Of $18500 to $20000. ESTIMATED LAND VALUE = f 18.500 s.; (II leasehold,show only leasehold value) INDICATED VALUE BY COST APPROACH / f The undersigned has recited three recent sales of properties most similar and proximate to subject and has considered these in the market analysis.The description $ Includes a dollar adjustment,reflecting market reaction to those items of significant variation between the subject and comparable properties.If a signifcant item m the }-. comparable property le superior lo,or more favorable than,the subject property,a minus(-)adjustment is made.Thus reducing the indicated value of sublecC d a significant Ilem in the comparable Is interior to.or less lavorebte than,the subject property a plus(+)adlushmenl Is made,thus increasing the indicated value of the subject. ti ITEM Subject Property COMPARABLE NOA COMPARABLE NO.2 COMPARABLE NO.7 }.� 21323-103 P1 21347-103 P1 SE 21220-113 Ave SE 11211-SE 214 St i. Address Y SE / Kent Kent Kent Kent -„ - Proximity to Subl_ 4th house South 10 blacks East 10 blocks East - (S If 78000 Sal"Price $ Refin. 1s 90250 'f 75000 $' 0.00 If 48.26 't 55.97 't 60.00 1/1 Price/Living ere& f Data Source inspection KCRER/MLS KCRER/ML5 KCRER +1-)s xa me�, DESCRIPTION I xe�.�:•s•� DESCRIPTION I Dale of Sale and DESCRIPTION DESCRIPTION r Au 1mw,1 -• Time Adjustment app 10/10/86 6/20/86 1 none 6/27/86 1 none 6/19/86 1 none Location evg+ avg+ t avg(itI res) 1 none• evg(wires)' I none• SaeMew, 9fi00af/none 9600sf/none t 8800sf/none 1 10000sf/n anal pasrambler/av + rambler/av +l rambler/evg+1 cembl er/a vg+1 1i Design and ontil, 9 9 ^•• }� Ouanry of ConsL A+/12:bk/ring A+/lO.Bk/ahkl -1000 A+/10`+bk/cmpl A+/IOSBk/cmpl Age 18 yrs 15 yrs 1 23 yrs I 23 yrs Condition err 5 yrs err 4 yrs 1 -1000 err 7 yrs 1 +2000 err 5 yrs 1 LHIng Area Room Total I B-rms I Baths Total 10-rmst Baths I Total IB-rms) Baths 1 Total IB-rms' Baths I L Count and Total 7 1 4 1 2.0 7 1 41 2}1 -750 6 1 31 1(1 +1500 5 1 3i I} 1 +1500 Gross Living Area 1782.5 Sq.FL 1870 Sq.Fl,1 -1300 13405q.Ft +6600 1300 So.Ft,1 +7200 none none none 1 none Basement B Sarni. 1 ' R Finished Rooms I ' I 4 Functional Utility avg avg I avg 1 av ... �/ Air Conditioning none none 1 none I none Garage/Car Pon 2+car att G. 2+car att G I 2 car att G I +500 2 car att G ' +500 T; Porches.Patio stoop patio, ig porch,pat porch,patio porch, Pool,.etc. Lg cvd patio Ig cvd deck 1 -1000 stg shed 1 +500 Ig cvd patio none wire fencing no fence 1 +500 wood fence 1 -500 no fence ' +500 r• Special Energy i +1000 storm winds i double pane ' -500 storm winds standard 1 I z. EI11<lenl Items 1 , y7 good lndscp 1 -500 1 I +1500 FP .insert 2 fireplaces +500 1 fireplace 1 +1500 1 fireplace i,. Other(e.p.fire- 1 1 .. places,kitchen TV dish +500 i +500 ' +500 1 equip.,remodelingl 81s/FA BIs/FA 1 BIs/FA i BIs/FA ' `i, conventional conventional) none FHA 1 -1500 D.O.T. ' none Salnc orFinancing con I f ' Concessions Net exit.(Total) plus Minus's 3,0511 Plus Minus's 11,100 0 Plus Minus's 11 200 Indicate Value /�$ •�S !M at Subject 1 87,200 ' 06, 100 ' 891200 nT' Comments on Markel Data Those co parables used are considered the hest closest6mgst recent currently •t? evoilable.Few area homes of similar age 8 quality are as large as the subject outside of its ,... k subdivision necessitating the use of smaller camps 112d3 which are otherwise quite similar. _ . . . Comp.01 is.lo the subjec.t .Subdivision.encl. (cont.) s87,000 . !Y n/a i • . . ,• . • III applicable Economic Markel Rent s n/a/Mq.x Grass Rent Multiplier.= S _— �(� This appraisal Is made 01as Is" subject to the regain.elleations,or conditions listed below El completion per plans and specifications. Comments and Conditions of Appraisal: The value of personal property was not Included in the estimated market valuation of the subject property. 13 [y Final Reconciliation: Most consideration was given to the Market Value Approach as the best current '"•' indicator of fair Market Value.The Cost Approach is strongly supportive but includes actual costs not fully appreciated by the Market. Construction Warranty ❑Yes 0 No Name of Warranty Program Warranly Coverage Expire This appraisal Is based upon the above requirements•the cerlillcalion,contingent and limiting conditions.and Market Value definition that are staled in Q FHLMC Form 439(Rev.10/79)/FNMA Form 1004E(Rev.10/78)filed with client October 10 19 86 attached. 1 ESTIMATE THE MARKET VALUE,AS DEFINED,OF SUBJECT PROPERTY AS OF October 10 19 86to be f 67,000 Y i Appralsar(sl !/ Review Appraiser(if epPlic Rogald S. Pr avast 1116721 "'� Did ❑ Did Not Physically Inspect Property + �~ ,1 FNMA Farm 1004 flee.717-3 -HLMC Form 70 Rev.7/79 Forma and Nbrmm19 k,ca'Pam1a4 313/Vlwrley Ave..Now, wn Na CT 06511 REVERSE FFFe 1(appl ax3+1Ns OPM M ITEMIZED-LIST OF REPAIRS NO. 606 It is our professional opinion that the value of the property and improvements thereon is as stated in the attached appraisal report.This value is composed of the property and improvements as is,plus performance of the below listed items and requirements of repair,completion or certification.It is the lender's option to waive or require any of these items of repair,completion or certification,if so desired,however,it is understood that if any Items are so waived or deleted without their being performed, the originally estimated value may or may not be supportable. ITEMS TO BE INSPECTED BY A PROFESSIONAL CONTRACTOR j ❑General soil condition of property ❑Termite or Pest Inspection ❑Septic Tank Inspection ! ❑Heating ❑Plumbing ❑Electrical Wiring ❑Foundation ❑Roof -]Dry Rot ❑ All residences involving septic tank systems are subject to possible Inspection.The appraiser assumes they are all properly maintained and in good working order.However,on each residence your appraiser will report the following . prior to inspection: ©a. The observed condition of the site appears to reflect adequate drainage and no noticeable septic tank problem. ❑b. The observed condition of the site appears that there could be a drainage problem due to septic tank.An inspection might be considered. ❑c. The observed condition of the site appears that there could be a drainage problem due to topography. An engineer's study might be considered. ❑d. Proposed or new construction. - REPAIRS-Required (R) J Suggested(S) y None noted. COMMENTS Special Features t Intercom. Casablanca fan. FPs,Fences, etc. t TV sattelite dish(est $1000) .21x36 concrete drive way. Back yard is enclosed with wire fencing. Market Data t is given most consideration due to size. No sales appreciation was used. • Comps #2&3 have connected sewers but have overhead wires. Their subdivision is otherwise similar. CLIEN JOB NUMBER John and Donna M. Chromy RP-86-208 n p 1323 - 103 Pl* SE IT uN entAing/Washington Prevost n $87,000 I October 10, 1986 Home Savings ' KORM NO.6011 A7/a0 (3081 B39-1630 1 9 27.3439 r i _ DEFINITION OF MARKET VALUE:The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale,the buyer and seller•each acting prudently knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:(1)buyer and seller are typically motivated;(2)both parties are well informed or well advised,and each acting in what he considers his own best interest;(3)a reasonable time is allowed for exposure in the open market;(4)payment is made in terns of cash in U.S. dollars or in terms of financial -- arrangements comparablei1screto;and(5)the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions*granted by anyone associated with the sale. 'Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area.these coals are readily identifiable since the seller pays these costs in virtually all sales transactions.Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third parry institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. _CERTIFICATION AND STATEMENT OF LIMITING CONDITIONS CERTIFICATION:The Appraiser certifies and agrees that: 1.The Appraiser has no present or contemplated future interest in the property appraised;and neither the employment to , make the appraisal,not the compensation for it,is contingent upon the appraised value of the property. 2.The Appraiser has no personal interest in or bias with respect to the subject matter of the appraisal report or the pani6 pants to the sale.The"Estimate of Market Value"in the appraisal report is not based in whole or in part upon the race•color, or national origin of the prospective owners or occupants of the property appraised,or upon the race,color or national origin of the present owners or occupants or the properties in the vicinity of the property appraised. 3. The Appraiser has personally inspected the property,both inside and out,and has made an exterior inspection of all comparable sales listed in the report.To the best of the Appraiser's knowledge and belief,all statements and information in this report are true and correct,and the Appraiser has not knowingly withheld any significant information. 4.All contingent and limiting conditions are contained herein(imposed by the terms of the assignment or by the under• signed affecting the analyses,opinions,and conclusions contained in the report). - 5.This appraisal report has been made in conformity with and is subject to the requirements of the Code of Professional Ethics and Standards of Professional Conduct of the appraisal organizations with which the Appraiser is affiliated. 6.All conclusions and opinions concerning the real estate that are set forth in the appraisal report were prepared by the Appraiser whose signature appears on the appraisal report,unless indicated as"Review Appraiser."No change of any item in the appraisal report shall be made by anyone other than the Appraiser,and the Appraiser shall have no responsibility for any such unauthorized change. CONTINGENT AND LIMITING CONDITIONS:The certification of the Appraiser appearing in the appraisal re port i subject to the following conditions and to such other specific and limiting conditions as are set forth by the Appraiser Pon. I.The Appraiser assumes no responsibility for matters of a legal nature affecting the property appraised or the title there- to,nor does the Appraiser render any opinion as to the title,which is assumed to be good and marketable.The property is appraised as though under responsible ownership. 2.Any sketch in the report may show approximate dimensions and is included to assist the reader in visualizing the prop erty.The Appraiser has made no survey of the property. 3.The Appraiser is not required to give testimony or appear in court because of Paving made the appraisal with reference to the property in question,unless arrangements have been previously made therefor. 4.Any distribution of the valuation in the report between land and improvements applies only under the existing program of utilization.The separate valuations for land and building must not be used in conjunction with any other appraisal and are invalid if so used. -... ssumes that there are no hidden or unapparenl conditions of the property,subsoil,or structures,which 5.The Appraiser a would render it more or less valuable.The Appraiser assumes no responsibility for such conditions,or for engineering which might be required to discover such factors. 6.Information,estimates,and opinions furnished to the Appraiser,and contained in the report,were obtained from sources considered reliable and believed to be true and correct.However,no responsibility for accuracy of such Items furnished the Appraiser can be assumed by the Appraiser. 7.Disclosure of the contentsof the appraisal report is governed by the Bylaws and Regulations of the professional apptaisal organizations with which the Appraiser is affiliated. 8.Neither all,nor any part of the content of the report,or copy thereof(including conclusions as to the property value, the identity of the Appraiser,professional designations,reference to any professional appraisal organizations,or the firm with which the Appraiser is connected),shall be used for any purposes by anyone but the client specified in the report,the borrower if appraisal fee paid by same,the mortgagee or its successors and assigns,mortgage Insurers,consultants,professional appraisal organizations,any state or federally approved financial institution,any department,agency,or instrumentality of the United ••^ Slates or any state or the District of Columbia,without the previous written consent of the Appniscr,nor shall it be conveyed by anyone to the public through advertising, public relations,news, sales,or other media,without the written consent and approval of the Appraiser. 9.On all appraisals,subject to satisfactory completion,repairs,or alterations,the appraisal report and value conclusion are \ contingent upon completion of the improvements in a workmanlike manner. i Ot raixd ,$) a . . . . . . . . . . . . . . . , . 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Z , ., p. 1�. r♦a.• ...ems r' • �T �a• � 1 ♦ ut 'j 2♦t y� !�� r D .+r jµ'ati{./Yb�'< M t �t�i»� st,��:t�` .T:•i.. rGtTi'f , +lt'.�i�!. .a a f � Kent City Council Meeting Date October 18, 1988 Category Public Hearing 1. SUBJECT: LID 325 - 76TH. IMPROVEMENTS 2 . SUMMARY STATEMENT: This date has been set for the public hearing on the confirmation of the final assessment roll for LID 325 - 76th Street Improvements Project. The City Clerk has given the proper legal notice to the property owners . The Director of Public Works will review the scope of work of the project and describe the method of determining the assessments. It is recommended that the final assessment roll be confirmed. 3 . EXHIBITS: Memorandum from Director of Public Works . 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc . ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN PUBLIC HEARING: PUBLIC INPUT• LOSE HEARING s .-'� �- -"n^ 6. CITY COUNCIL ACTION: Councilmember &Y"l moves, Councilmember seconds that the City#torney be directed to prepare the ordinance con- firming the final assessment roll for LID 325 and for authorization to place a charge in lieu of assessment on properties identified as'-TL 18 and TL 19 of Section 12, Township 22 Range 4 (Barnier Property) . DISCUSSION: y1ti"" ACTION: ___.__�____._ ._- .-.----•. , Council Agenda Item No . 2C A102THWa?D 1560-140th Ave.N.E.,Suite 100 Bellevue,WA 98005 (206)747-1726 FAX(206)747-4157 0 C T 10 1988 CITY OF KENT October 7, 1988 CITY CLERK Ms. Marie Jensen, CMC City Clerk . City bf Kent 220 Fourth Avenue Kent, WA 98032 Dear Ms. Jensen: This letter serves as a formal protest to the amounts assessed Northward's property, which is Assessment # 5 & '6 . for LID 325. We feel the amounts assessed are unfair as the street improvements along our property: -. 1. Do not include a street width equal to that of other property owners; 2 . Do not include a .left turn out lane; and 3 . Do not include--gutter and sidewalks on the opposite side of the street. Please call me if you wish to discuss this further. Yours very truly, *1(1T)TL�Thl RP• re"Tcmn "MIrCxr - Bart Bryn estad . BB:7g DEPARTMENT OF PUBLIC WORKS September 19, 1988 TO: Mayor Kelleher an ity Council FROM: Don Wickstrom �po SUBJ: LID 325 - 76th Avenue So Street Improvement (S. 212th St. to S. 220th St. ) GENERAL The hearing on October 18, 1988 is the confirmation hearing on the final assessment roll. The project is located in the north end of Kent on 76th Avenue South between S. 212th Street and S. 220th Street. See attached map. The project originated in 1979 . Preliminary designs were initiated and property owners were contacted with regard to LID funding. During 1986 with changing needs and property owners, it became apparent that an LID was possible. Therefore, additional contacts were made with the current property owners. A property owner meeting was held on October 15, 1986. Sufficient interest was indicated and the Public Works Committee decided to proceed with the formation process. Properties committed to the LID formation represented 43 . 68 percent support. Resolution #1114 was then passed on October 20, 1986 and the public hearing held on November 17 , 1986. Since only 31 percent protest was received, the City Council passed Ordinanc(�63 establishing the LID on December 1, 1986. DESCRIPTION OF PROJECT The project_includes a 44 foot wide curb-to-curb pavement,.__curb . and gutter, sidewalks, storm drainage, illumination,_ two ways_ _turnC lane and landscaping. Also included were various water stubs to undeveloped properties. The project will connect 76t Avenue South from South 212th to the north end of the currently improved portion of '76th Avenue South near the South 220th block. Channelization south of this point was also installed at City cost. The property on the west side of the road in the south half of the project (Barnier property) has a tax classification of "open space farm and agricultural pursuant" and is exempt from LID assessments. Therefore, only the east half of the road was constructed through this portion of the project. Later, if the exempt property develops, the developer will be required to construct the half street on the west side. However some of the improvements in the deleted west side had to be included. See discussion under "Project Cost" . NEED FOR IMPROVEMENTS A. ,,Drainage -- Previously there was no drainage system in the project area. Ponding of storm water occurred often. A complete and adequate drainage system for the area was needed to provide for disposal of storm water. A complete drainage system was planned for the area including stubs to the adjacent properties for future connections. B. Street - The existing road was substandard. Improvements sutW as curbing, sidewalks, lighting, landscaping and additional paving width were required to bring the street up to code to meet both functional and visual requirements. Therefore, these improvements were planned into the new road. C. Utilities - Various properties within the area were not k�up hoo ­---5o_ City water and sanitary sewer or were not fully serviced for their potential highest and best use. Prior to widening and rebuilding the roadway, these utilities had to be extended outside of the roadway to avoid future cutting and excavation thereof for these services. Please note that future .,, cutting and excavation of the road will be strongly discouraged if not prohibited. Therefore, the utility construction had to be included. It was determined during construction that sanitary sewer stubs were not needed. D. Development Requirements - The above described needs have been ii�eYi�i£iecTo`r�fie �ea. Any future development in the area will have to address these needs. Commitments to meet these needs are required to obtain building permits and are usually conditions of other developmental procedures. The project area contains undeveloped property or underdeveloped property. These properties will be faced with satisfying these needs in order to develop to their maximum potential. others have already faced these requirements and have committed to participate in the funding. PROJECT COST PRELIMINARY FINAL LID Total $L 77i ��80.Y$ 771 380 78 City of Kent Funds �-315,400. 00 ` 133 ,986 57 > Total Project Cost $1, 086, 780 . 78 $9051367.57 The City funds area associated with the Barnier__px—o erty.. Even though the half street adjacent to the Barnier property wa left out of the project, as explained above, there were several items which had to be constructed as part of the proposed project. - The City is funding these improvements. The storm drain must be size o service Ene Barnier properly and the water stubs for the Barnier property must be extended out from the proposed road. These costs could not be avoided or postponed if the LID was constructed and cannot be assessed to those properties within the LID boundary. The City also had an obligation to acquire right-of-way and extend the widening on the west side on the Barnier property to the south property line of the Boeing property. During the design phase the City also decided to install new channelization and signing- from the LID--baundary----sau ty S. 228th Street"as part of the LID contract. These costs are also funded by the City. City Cost Summary: Right of Way from Barnier Property $28, 890.72 Road Widening for Barnier Property 16,707.75 Storm Oversize and Stubs for Barnier Property 11, 309.52 Water Stubs to Barnier Property 7,592 . 60 Channelization/Signing South of LID 6,994._05 TOTAL C$711494 . 64 As a good will gesture, it is recommended that the City fund the___ additional $62 ,491.93 over ac ua cosmos to prevent an increase in -- KE-preliminary-assessment roll total. -57 It is also proposed to establish a charge in _lieu_of_ assessment_ on the Barnier--roP- "Perg for the storm and water costs in an _ . _y effort- -tea -receive reimbursement should the property develop. This amount is $18, 902 . 12 . METHOD OF ASSESSMENT The costs under each category of assessment are distributed to each property benefiting as follows: 1. Street - The assessments for street are based on front footage. The estimated cost is divided by the total front footage for the assessed properties. The rate for this project is $199 . 5623916 per front foot. 2 . Utilities - The actual cost of each water stub is assessed to the property serviced by the stub. If the stub services more than one parcel, the cost is pro-rated based on front footage of the parcels serviced. PAYMENT OF ASSESSMENT Upon Council passing the ordinance confirming the final ' assessment roll, there is a 30-day period in which any portion or all of the assessment can be paid over a ten-year period wherein each year's payment is one-tenth of the principal plus interest i on the unpaid balance. The interest will be what the market dictates. RIGHT OF WAY ACOUISITION The construction of portions of the project required right of way and easements. Each property involved was appraised followed by negotiation between the City and owner. Final settlements were direct payments rather than credits toward the assessments. ENVIRONMENTAL On November 3 , 1986, the Kent Planning Department issued a Determination of Non-significance for LID 325. 71 � c) �� q-, J 0-'9?IERIEK=0E5 • hl - 1na•_•: — CR Mt xv rl POADWA 1 1 1 0 4r i t'A IM©JEMENT w's r�aE tan IY 07 Ua6i lie I I I ~ b C I II a e x LIMIT a •I .. •x�rh' iij MQTGI� TO EX, STI CrN i, `. o IMe,'&OVe f-f4 r w l u,llklne '�[q,tia, City of Kent + �' s Engineerin 20 4tNgArenue DepartmentSo ! . Kent, WA�.A A 98032-5895 I. D. 325 LID #325 Assessment #5 - $ 59, 294 . 07 Assessment #6 - $123 ,752 .73 Total $183 , 046.80 RESPONSE " The property owner asserts that the assessment on his property is unfair as the street improvements fronting thereon were not full width. The assessments for the street were distributed on a front foot basis. As such essentially each abutting owner was assessed the cost of improving its half of the street it fronted on. While the property didn't get full street 1 -. improvement, its assessment only reflects the cost of improving 11 its -_..xe-spective half of the street. Since all street assessments were distributed accordingly, a claim of unfair distribution is not warranted. As a side note during the construction of the project the City did meet with this property owner and did in fact widen the road to the west (more than originally anticipated) to accommodate this owner's concerns. The cost of said widening was paid for entirely by the City. The bottom line is that a valid protest must present evidence such as before and after appraisals reflecting that the property's value didn't increase to at least the amount of assessment. No evidence to same has been presented and as such the claim herein has no basis. It should be noted that prior to the _construction. of -the---.LIB-_ improvements this property had no or limited road frontage and -- __ ---r--_e .. none of it if any, was - improve3:- As such since the property was undeve LID was formed, any issuance of a deve o ment. permit thereon would have tied to---constructing the same fronting road improvements which were constructed under- the:=__LID. - Th-e development also would have been required to construct_ the widened- -westerly portion of said street improvements which under the LID were paid for by the City. STAFF RECOMMENDATION No adjustment to the assessment be made. NOWHWAW 1560-140th Ave.N.E.,Suite 100 Bellevue,WA 98005 (206)747-1726 FAX(206)747-4157 O C► 10 1986 CITY OF KENT October 7, 1988 CITY CLERK Ms. Marie Jensen, CMC City Clerk City bt Kent 220 Fourth Avenue Kent, WA 98032 Dear Ms. Jensen: This letter serves as a formal protest to the amounts assessed Northward's property, which is Assessment # 5 & 6 for LID 325. We feel the amounts assessed are unfair as the street improvements along our property: 1. Do not include a street width equal to that of other property owners; 2 . Do not include a .left turn out lane; and 3 . Do not include gutter and sidewalks on the opposite side of the street. Please call me if You wish to discuss this further. Yours very truly, NQDTIUVA!?�. CC:.''m T-CT-rC,.T Bart Brynessttaad� CITY Of KENT BB:jg OCT 1 1 1988 ENGINEERING DEPL • ..�:rN •r l .f• 1 i � _ _ [ I. 1 r.._ _' .fir •' i..r' Y„•• '.•I• • ��_. _. ....- ._.._V'flric - - AI W ... pph5 ONES_ FV..._f!"_'._..��••rr Pf RAfAf .-.__ r ERN .L`47 , —.— I__!�—Ur-n.t ev - 11 _ , I vice ROADWAY . ell ... � .del% � 4O, <,��•. t,' 4 I rf r•1� t�w I r _ SGALE� I"=2581 ';'• tl 0 :I ww L'.Lt7NGpt�(' I \ , © A`f��hNt .lT N1NI li i I-- 41, ti tCC '6 I': p 1 z MA- To ex�srtNCr ..d, rMPJZov,EME r[ _ c7 �. Cityy of Kent uP�[fr,d 1c�.n�.ri . . ,. s Enggineering Department lh%l'S{vlul : 511 220 4th Avenue 5o. Kent, WA 98032.5095 L[ I. D. 3Z5 CONSENT CALENDAR / f _. 3 . City Council Action: J Councilmember moves, Councilmembe,Y ' W lTi)C� seconds that Consent Calendar Items A through 4�be approved. Discussion Action cl �. 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of 3B. Approval of Bills. / 19r____, Approval of payment of the bills received through Oete • after auditing by the Operations Committee at its meeting at 8 :30 a.m. on , Att r Approval of checks issued for vouchers : Date Check Numbers Amount 9/12 - 9/14 64650 - 64653 9/15 - 9/26 65160 - 65199 $ 322, 187 .36 10/03/88 65217 - 65662 730, 670. 87 $1,052, 858 . 23 Approval of checks issued for payroll : Date Check Numbers Amount 10/05/88 109852 - 110467 $ 622, 293 .43 Council Agenda Item No. 3 A-B Kent, Washington October 4, 1988 Regular meeting of the Kent City Council was called to order at 7: 00 p.m. by Mayor Kelleher. Present: Councilmembers Biteman, Dowell , Houser, Johnson, Mann, White and Woods, City Administrator McFall, City Attorney Driscoll, Planning Director Harris, Public Works Director Wickstrom and Finance Director McCarthy. Also present: Police Chief Frederiksen and Fire Chief Angelo. Approximately 40 people were at the meeting. PRESENTATIONS Employee of the Month. Mayor Kelleher announced that Battalion Chief Al Bond has been named as Employee of the Month for October. Fire Chief Angelo noted that Chief Bond has been with the City for twenty years, and that he is currently supervising the $12 million public safety construction projects which will include three new fire stations and a training center. A plaque was presented by Mayor Kelleher. Distinguished Budget Presentation Award. Mayor Kelle- her noted that the City of Kent had been awarded the Distinguished Budget Award for 1988, one of 250 such awards presented to local and government units. A plaque was presented to Finance Director McCarthy and May Miller. McCarthy introduced Priscilla Shea and John Marchione of the Finance Department. CONSENT CALENDAR BITEMAN MOVED that Consent Calendar Items A through J be approved. Johnson seconded and the motion carried. MINUTES (CONSENT CALENDAR ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of September 20 , 1988. WATER (CONSENT CALENDAR ITEM 3J) Guiberson Reservoir Control Modifications. ACCEPT as complete the contract with Omega Contractors for the Guiberson Reservoir Control Modification Project and " release of retainage after receipt of the releases from the State. STREETS (CONSENT CALENDAR ITEM 3I ) LID 297 - Meeker Street Improvement. ACCEPT as com- plete the contract with Scarsella Brothers for con- struction of LID 297 - Meeker Street ImprovementsJand release of retainage after receipt of the releases from the State. SR516 Improvements - Union Pacific Railroad to Central Bid Avenue. Bid opening was held September 28, with three bids received. Gary Merlino Construction submitted - 1 - October 4, 1988 STREETS the low bid in the amount of $287 , 496. The Public Works Director recommended that this bid be accepted upon receipt of approval for award from the Transport- Bids ation Improvement Board and Washington State Depart- ment of Transportation. JOHNSON SO MOVED. Woods seconded and the motion carried. Asphalt Overlay. Bid opening was held September 17, with three bids received. The low bid was submitted by M. A. Segale, Inc. , in the amount of $207, 568 . 10. The Public Works Director recommended that this bid be accepted after receipt of authorization to award from the Washington State Department of Transportation. JOHNSON SO MOVED. Woods seconded. The motion carried. STREET VACATION Union Pacific Realty Company - No. STV-88-3. This public hearing will consider an application filed by Union Pacific Realty Company to vacate a portion of 63rd Avenue South, south of 212th Street. The City Clerk has given proper legal notice. The Mayor declared the public hearing open. There were no comments from the audience and JOHNSON MOVED to close the public hearing. White seconded. Motion carried. WOODS MOVED to approve Street Vacation No. STV-88-3 with one condition as recommended by staff and to direct the City Attorney to prepare the neces- sary ordinance upon receipt of compensation. Biteman seconded and the motion carried. ZONING CODE Hearing Examiner Consideration of Conditional Use AMENDMENTS Permits - ZCA-88-6. On July 25, 1988, the Planning Commission recommended to the City Council that KCC Section 15 . 09 . 030E be amended to allow the Hearing Examiner discretion in approving, denying or condition- ing exceptions to development standards including height of unique structures, signs and setbacks , when a conditional use permit is required. On September 6, 1988, the City Council referred the recommendation to th,t2 Planning Committee, which on September 20 , 1988 voted unanimously to recommend approval of this amend- ment . WOODS MOVED to approve Zoning Code Amendment ZCA-88-6 as recommended by the Planning Committee and Planning Committee and to direct the City Attorney to prepare the amending ordinance. Biteman seconded. Houser and Biteman questioned having such hearings before the Hearing Examiner instead of before the five- member Board of Adjustment. Harris and Woods explained that this proposed procedure would expedite the pro- cess. Under the current codes , if there are excep- tions to the development standards, the applicant must first go before the Board of Adjustment for a variance. - 2 - October 4, 1988 ZONING CODE With discretion given to the Hearing Examiner when a AMENDMENTS conditional use is required, the entire project could be reviewed at one time. It was noted that this pro- posed change was considered "pro-applicant" and that any appeals from decisions of the Hearing Examiner were brought to the City Council. The motion then carried with Biteman dissenting. Exception to Height Regulations - ZCA 88-8. On Sep- tember 26 , 1988, the Planning Commission recommended approval of the Zoning Code amendment to except fire and/or police training towers from the height limit- ations of the Kent Zoning Code and Ordinance 2805 has been prepared by the City Attorney. BITEMAN MOVED to adopt Ordinance 2805 with the addition of the words CITY OWNED in the last sentence of Section 2 : "C; v_ owned elevated reservoirs, water tanks, fire and/or police training towers and standpipes are exempt from height restrictions." Houser seconded and the motion carried. Appeal - Regulatory Review - ZCA-88-1 . On August 16, 1938 the City Council referred an appeal from the Plan- ning Commission'.s recommendation to deny public storage facilities in the CC Community Commercial zoning dis- trict to the Planning Committee. The appeal was filed by Pete Curran, representing Chris Leady. On September 20 , 1988, the Planning Committee voted unanimously to recommend that the Council overturn the Planning Com- mission' s recommendation and allow public storage facilities as a conditional use in the Community Com- mercial zoning district with accompanying design Stan- dards. Greg McCormick of the Planning Department noted that the Planning Committee had this afternoon reviewed the design standards that would apply to any mimi- warehouse development in the CC zoning district . He noted that several changes to the draft had been recom- mended and distributed copies of same. Chris Leady, the applicant, praised the City ' s regulatory review process and expressed appreciation for the efficient cooperation of the staff. WOODS MOVED to approve Zon- ing Code amendment ZCA-88-1 to allow public storage facilities as conditional use permits in the CC zoning district with specific design standards as finalized by the Planning Committee on October 4 , 1988 and to direct the City Attorney to prepare the amending ordi- nance. Johnson seconded and the motion carried. - 3 - October 4, 1988 ZONING IMPLE- (CONSENT CALENDAR ITEM 3E) MENTATION East Valley Zoning Implementation - Planning Commission. AUTHORIZATION for the Planning Commission to apply zoning as well as make zoning map amendments as an area wide implementation of East Valley Zoning, and direct the City Attorney to prepare the necessary ordinance. SOOS CREEK (CONSENT CALENDAR ITEM 3F) COMMUNITY PLAN Soos Creek Interlocal Agreement. AUTHORIZATION for the Mayor to sign an interlocal agreement with King County to provide for cooperative planning between King County and the City of Kent for the Soos Creek Community Planning Area. REZONE (CONSENT CALENDAR ITEM 3G) Riverbend Golf Course Rezone. ADOPTION of Ordinance 2804 rezoning a certain portion of the Riverbend Golf Course property from RA, Residential Agricultural, to GC, General Commercial . CENTENNIAL (CONSENT CALENDAR ITEM 3C) COMMITTEE Centennial Committee. CONFIRMATION of the Mayor ' s appointment of Sally Ann Storey to the Kent Centennial Committee to replace Don Campbell. POLICE (CONSENT CALENDAR ITEM 3D) Drinking Driver Task Force Donations. ACKNOWLEDGMENT of a donation of $1 , 200 to the Task Force from the Kent Chamber of Commerce Foundation. These funds will be used for the parent education program entitled "Preparing for the Drug Free Years" . Houser expressed appreciation of the donation. Donations were also acknowledged from Dr. Leland Daw- son and Patterson ' s Optical for prizes in the "Keep A Friend Alive" design contest. COUNCIL CHAMBERS (CONSENT CALENDAR ITEM 3H) Artwork Selection for Council Chambers. APPROVAL of the selection of artist Dana Boussard for the Kent City Council Chambers Fibre Art Commission. Project jury members included: Christi Houser, Judy Woods , Kent City Council ; Sue Jones, Grace Hiranaka, Merrily Manthey, Kent Arts Commission; arts professionals Fred Bassetti (architect Kent City Hall ) , Larry Metcalfe (artist/instructor Seattle Pacific University) and City Administrator Brent McFall. 4 - October 4 , 1988 COUNCIL EXECUTIVE Executive Sessions. In response to the Council direc- SESSIONS tion at the last meeting, the City Attorney has re- written and distributed Resolution 1184, relating to Council meetings , gatherings and executive sessions. Also distributed tonight was a letter from Steve Botkin of the Valley Daily News, objecting to the references to confidentiality in Section 2 , stating that it would appear to be a permanent gag order for Councilmembers . Section 2 . All matters discussed within such executive sessions or gatherings shall be kept confidential by those present at the session or gathering except to the extent the law requires - a portion of the matters to be brought to an open public meeting for final action. White also expressed concern over this and MOVED to delete Section 2. Houser seconded. Upon questions it was determined that confidentiality was required for discussions such as negotiating a contract for one of the bargaining units. Houser proposed to amend the motion to use the language suggested by Botkin for Section 2 : "All matters dis- cussed within such executive sessions shall be kept confidential by those present except to the extent that the law requires a portion of the matters to be brought to an open public meeting for final action or until the matter is settled or implemented or until the matter is officially made public. " Mann seconded and further suggested that references to the word "gatherings" be deleted. Driscoll explained that the word was included because the Council could meet in other than regular or special Council meetings to discuss quasi-judical or collective bargaining matters and these could be called gatherings since they were not regular public meetings. Johnson commented that he didn' t think the resolution was necessary, that all realized that confidential discussions were not to be repeated. Biteman concurred with Driscoll ' s explan- ation. It was pointed out that a resolution is not a law, but is a guideline and that the Council has agreed upon these general principles. Upon the Mayor ' s suggestion, it was agreed that the motion would include the amendments by Houser and Mann: "to adopt Resolu- tion 1184 changing Section 2 to the language as shown and deleting references to "gatherings" . The motion then carried with Johnson voting against it. - 5 - October 4, 1988 SEATAC AIRPORT Chris Hansen asked that the Council pass a resolution EXPANSION and send same to the Port of Seattle to object to the third runway now proposed for Seattle International Airport. McFall suggested that staff could research the matter and provide more information to the Council. FINANCE (CONSENT CALENDAR ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through October 6, 1988 after auditing by the Operations Committee at its meeting at 8: 30 a.m. on October 14, 1988 . Approval of checks issued for vouchers: Date Check Numbers Amount 8/25 - 8/31 64125 - 64148 8/31/88 64635 - 64638 9/2 - 9/9 64639 - 64649 $ 189,103.17 9/15/88 64654 - 65159 1,924,231.43 $2,113,334.60 ... Approval of checks issued for payroll: Date Check Numbers Amount 9/20/88 109259 - 109851 $ 631,664.54 REPORTS President's Report. Council President White noted Workshop that a workshop would be held on Tuesday, October 11 to receive the staff presentation of the 1989 budget. White noted that the present recycling program under consideration would cover only 20% of the recyclables , since only single family residences and up to four- Recycling plexes would be covered. He noted that multi-family and the business community would not be included and suggested that the Public Works Committee consider and report back on the idea of the City again forming a garbage utility so as to try to form a better, more far-reaching recycling program. Operations Committee. Houser noted that the Operations Committee had discussed the possibility of use of advisory ballots instead of the initiative and referen- du!n process . She noted that the cost would be far less and that after research by the City Attorney, the matter would be further discussed at a Council workshop. 6 - Kent City Council Meeting Date October 18. 1988 (� Category Consent Calendar 1. SUBJECT: ACCOUNTS RECEIVABLE WRITEOFF AUTHORIZATION 2 . SUMMARY STATEMENT: As discussed with the Operations Committee at their October 3 meeting, the authorization to write off $22, 113 .42 in miscellaneous receivables and parking citations, most of which are older than 12/31/86 . The attached memo explains the writeoff procedure, shows the total City accounts receivable portfolio of almost $9 million, and identifies the specific accounts authorized to be written off . 3 . EXHIBITS: Memo 4 . RECOMMENDED BY: Operations Committee (Committee, Staff , Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS• 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3C Operations Committee Minutes - October 3, 1988 Page 2 ACCOUNTS RECEIVABLE WRITE OFF PROPOSAL Finance Director McCarthy distributed a proposed request to the committee to write off $22,113.42 in outstanding accounts receivable older than 12/31/87. Approximately $19,000 of the receivables are older than 12/31/86. Of that $18,215 are for parking citations that occurred during a year of tremendous growth in citations and some transitions on how the City was handling those citations. Recent changes in the administration of that process whereby the Police Department enters its citations and Finance collects the citations along with the addition of a new computer system should avoid delinquencies of this size in the future. Current feeling is that it isn't cost effective to begin collection on $5 tickets that are older than December 31 , 1986. In addition to that $18,215, the remaining write off of approximately $4,000 are for various receivables such as for hitting street trees and water hydrants. These have always been difficult to collect. The staff feels that all cost-effective effort has been made. It was brought to the committee's attention that an additional $21 ,000 was initially requested to be written off but at this point is on hold due to further investigation by the City Attorney's Office. The amount was for insurance reimbursement on some repairs at Kent Commons but due to a mix up in the Finance Department the amount was not cashed prior to it becoming stale dated and collection appears to be difficult at this time. Based upon the information provided, the committee recommended the write off of the $22,113.42 as requested by the Finance Department staff and as approved by the initiating departments and the City Attorney's Office. PARKS D RECREATION DEPARTMENT RECLASSIFICA ON Personnel lyst Sue Viseth explained to the co ittee the request to reclassify Marilyn Behrens ition from a range 20 to a range at a cost of approximately $250 for the remainder the year. The position provi administrative and secretarial support to the Su intendent of Recreation. The d position MEMORANDUM DATE: September 30, 1988 TO: Operations Committee FROM: Tony McCarthy At",ance Director SUBJECT: ACCOUNT RECEIVABLE WRITEOFF PROPOSAL Our Accounts Receivable Subsidiary Aging Schedule for August 31 , 1988 shows $8,116,392 in receivables with $417,580 in the 90 day and older category. Many in the 90 day and older category are over 12 months past due and after discussions with the originating department we are requesting writeoff authorization for the following. Amount Reason Miscellaneous receivables older than 12/31/86 19037.57 A Parking citations older than 12/31/86 18,215.00 B Selected receivables older than 12/31/87 29860.85 C $22,113.42 A. Account is over 18 months past due and responsible party is untraceable or has officially declared bankruptcy. B. Account is over 18 months past due. Individual billings are for $5 to $25 parking citations for which the second notice was not sent due to the workload. Further collection efforts are not cost effective. C. Account is determined uncollectable by efforts already made by Finance and the originating department. LID delinquencies are handled separately with another process. Attachment: Receivable Procedures 867F-9F RECEIVABLE PROCEDURES This receivable write-off request is based on our current practice, which involves the following steps: 1 . Initial billing for all receivables is the original invoice. Parking citations receive a billing in addition to the ticket because the ticket does not always go to the registered owner of the vehicle. 2. Past due notices are sent to all accounts 30 days after due date except for special assessments which are annual billings per state law. 3. Delinquent notices are sent 60 days after due date except for parking citations for which a second notice to collect $5.00 is not cost effective. With three tickets, information is turned over to State of Washington Motor Vehicle Division, with a hold placed on vehicle license. 4a. Door hanger for nonpayment of water utility account. b. Letter from City Attorney for nonpayment of other accounts following filing of property lien for nonpayment of utility service. Lien is good for only six months. 5a. Water cutoff for nonpayment of water service. b. Foreclosure action for special assessments. c. Small claims court for other accounts if cost effective. 6. Account write-off. 867F-9F CITY OF KENT Exhibit C ACCOUNTS RECEIUAEI.E JULY 31, 198E AGING S(1EOAE NUMB OF FUND 07/01-07/31 06/01-06/30 05/01-05/31 Total ACCOUNTS NUMBER 0-30 days 30-60 days 6041 days 90, days Due ----------------------------------------------------------------------------------------------------------------------------- GENERAL FUND Hisci laneous 122 0100 898,2X31 241,50).16 1,257.It 40,340.66 371,336.24 Traffic Violations 2,2:i5.00 1,�'2.0) 1,500.00 23,6F4.00 28,621.00 Business License 4 0.00 Me) 0.00 80.00 03.00 M)0,037 24 w H F C D GRANTS 8 18XX 89,601.% 0.00 0.00 0.0) b'9,601.59 PARK CAPITAL PROJECTS i 32XX 0.00 0.00 6,820.0) 0.06 6,820.00 w OTHER CAPITAL PROJECTS 6 3:3XX 19,457.54 5,016.(G1 4,7G2.00 6,5-131.69 35,0.23 w HATER Hiscellaneous 12 41XX 0.00 124.87 49.01 3,16rd.29 3,362.17 Utility 505,472.34 86,101.93 8,726.83 30,770.81 631,271.91 634,6?A.08 w SEHEm Hiscellawilis 19 44XX 27,109.22 0.00 2,435.30 104,729.69 1.34,274.21 ULID#1 25 12,246.% 0.00 0.00 0.00 12,246.96 Utility 523,441.99 91,623. 12,127.31 70,336.71 697,529.53 044,050.70 w GOLF COURSE 2 48XX 324.00 0.00 0.00 0.00 3<4.00 w CENTRAL SERVICES 9 52XX 0.00 E,501.45 16.80 0.00 8,518.25 w ICE 4 56XX 0.00 0.00 265.01 74.34 339.3.5 w SPECIAL AU-c SS HENTS L81 9 2f28 1,479.f15 0.0) 0.00 0.00 1,479.% 295 9 Z3;S 6,401.28 0.00 0.00 753.09 7,1FA.37 210 1 Z320 0.00 0.00 0.00 571.45 571.45 200 0 2327 1,359.22 0.00 0.00 2,200.63 3,567.85 Zd2 5 2329 5,768.78 0.00 0.00 2,4E5.18 0,253.96 236 6 2-31 1.3,211.80 0.00 0.00 0.00 13,211.W 2GO/92/93M 34 Z31O 70,067.69 0.00 0.00 1,00.16 71,132.45 285/299 302/<T3 38 Z354 60,758.73 0.00 0.00 5,0.60 66,747.33 291 13 W:34 13),578.9°, 0.00 O.fJO 0.00 130,53MEI 287P-96 11 Z3`.�3 141;552.71 0.0) 0.00 7,445.FFj 140,698.37 203 34 Z330 1,519,512.PA 0.0) 0.00 3'3,068.(W 1,552,%'1.44 289 23 233:3 92,180.75 O.O(j 0.00 649.FA 82,8:10.2'rd 301101 12 2361 175,272.24 0.(3 O.f10 6,580.76 181,;rj3.6(1 304/311 11 Z17 262,515.07 0.00 0.00 351.02 26<',BF.6.AQ 0Ei/307/019 53 236E 700,090.71 0.00 0.00 58,525.75 766,6U6.461 30E/d14/317 28 869 275,7EF.37 0.0) 0.00 7f18.19 276,574.% 313 35 Z359 253,452.96 0.00 0.00 7,We!.01 261,114.97 297/310/318 103 2370 1,574,225.32 0.00 0.00 33,W,.24 1,607,571.56 316/19/20/21/24 IQ f63 1,301,752.09 0.0) 0.00 0.00 1,301,752.09 23XX TOTALS" 575 6,583,627.86 0.00 0.00 161,489.68 6,745,117.54 w ---------- --------- ------- --------- ----------- TOTAL ACCOUNTS RECEIVABLE 7,851,7FA.81 4✓4,289.93 37,979.37 441,2j5.87 8,765,279.9E HISCELLANEOUS 183 224,7:0.66 255,142.4E 15,0.23 154,914.67 650,413.04 BUSINESS LICENSE 4 0.00 0.00 0.00 £1).0) PA1.00 TRAFFIC VIOLATIONS 2,235.00 1,222.01 1,500.00 23,60.01) 20,621.00 UTILITY 1,028,914.33 177,925.45 20,954.14 101,107.52 1,KI,801.44 SPECIAL ASSESSHENTS 604 6,595,E74.52 0.00 0.00 161,489.W 6,757,364.50 ------------- ------------- ------------- ------------ ------------ TOTAL ACCOUNTS RECEIVABLE 7,R:,1,754.81 434,289.93 37,979.37 441,255.07 8,765,279.98 FUND I-RG DATE NAME AH1011 SERVICE INVOICE 0-HE14TS Oil) OFO 02-11;3rj STEVEN CROY 100.00 REC)UPMENT OF PIJG2D: DEFEIUIER 3876 IG 0.0) 0100 6OI) 04-2O-936 , CADLE; ROIL✓ 12.2.3 C0.3I1IG UTILITY BILL 24.;O WILL F'AY 12-44,r 0100 000 04-21-86 'BORDERS RESTAURANT 12.% CABARET LICENSE 3583 8AU(R1JPT 01E41 EW 04-01-86 *1 PARTON, BRENUA�✓ 164.113 LfffjR FOR DAMAGES <x.6 3rd Gull 10-31-f)t) 01(0 630 04-10-06 PARTON, BRENDA✓ 175.00 RENTAL. OF KENT HEHORIAL %53 3rd Cull 10-314")6 0100 BO 04-17-66 PARKER.; Df1NALD✓ =_X).QO GYM RENTAL 'c"361 kill Pay 12-014.1i -. 0101 2i2 04-01-86 '-;JONATNAtS RESTALRANT✓ 10.00 FALSE ALARMS 4272 BAU tPT 404.71 0100 C60 Uri-Cry Et HAYFORD, GERALO 20j.0O RLGOTMENT OF N-U,tIC' DEFENDER 3'36fj 011)) 678 07 X)-86 GARDNER, M NNIE✓ 35.01 DAY CAMP FEES 3449 3rd Cull 4-24-87 O100 CCUI 07-01 6 :BORDER!i .'`/ 12.E�I CABARET LIUE11 E 4579 Bankrupt / 47.50 0100 60) 09-16-86 WILLIAMS, LENNIE% EUO DAMAGE TO TREE/•LAMES 242 3rd Gull 4-24-07 0100 wi 09-174,'6 SEA TAC BAPTIST FaI.(1) SOFTBALL AT CLENM NELe4l 3953 3rd Coll 4-24-87 O100 6f.h 10-294:65 ;SNGPKO, DAVID LEE P/ 40.82 DAMAGES 1O IIEIX;E 2413 Hail Ret'anu .. 41).lil3 0100 232 11-01-86 SEATTLE, DIST, / 10.00 FALSE ALARMS 4975 Mail Returns 0100 23'2 Il-01A' .ING11AH INTERNATIONAL 40.00 FALSE ALARMS 4993 3rd rnll 5-22-87 Oil) 232 11-01-86 KENT OXYGEN .'•✓ 10.00 FALSE ALARMS 5iJ45 3rd Cull 5-22-87 60.UGI 0100 !0 12-11-0$ JONES&ROBERTS 2,0211.03 TRAFFIC TECIIHICIAN 4756 W/P By 6-30 0100 5:P? 12 29<S :H000;,ROBERT 249.96 REPAIR STREET LI01IT 5181 k/P Arrangements 0100 5:l1 12-23-,% FEY, STEVEN 1,152.11 REPAIR STREET U)IT 51.133 3rd Cull (Ili9) 530 12-2''m6 on, CIIRIS 1,247.91 REPAIR STREET LIGHT 5185 3rd Coll 6-22-07 Oi(N) 232 12-32-e' 'INGRAM-'INTERNATIONAL✓ 2EI.fA) FALSE ALARMS 5337 ?rd Crll 6-22-17 O100 2:3v' 12-'2-0) COLLINS" PHARMACY., X Q.00 FALE£ ALARMS 5346 3rd Coll 6-C2-87 0100 232 12 R-f�i KEHT.OXYGEN j 40.00 FALSE fLARNS 5359 3rd Coll 6 22 07 4,F31.G�; 4100 SEGO 11135 Gn 'Pa)B ACKLA.D BAC1010E✓ 10.0) WATER SAMPLE AALYSIS 4376 K37il Returns 4400 595 12-11-Ee) -XIIES&FI:QERT'3 lEtl,66 REPAIR FEE 47E45 3rd Coll 5-23-87 1 ---------- 1986 Totals $5,981.61 ✓_ $1,037.57 N;IfO;'3f1EDlLE U7-31-88 FIM ORO DATE WAKE AMilhIT 0VICE INVOICE CONMTS 0100 62U Ot 27-87 if CLELLAN;.9wT MMI) CUES DI SPRISOR FEES W4 Mail Returns/In Army 172.rj) 0100 rirJ) 03-12-87 STANHAH.-CRAIG 6s3.55 DAMAGES TO TREES/S2II1II ST 5401 3rd ('nll I1-18-87 0100 6f)) 03-12-V :HILL';SHE w ✓ E,04.56 DAMAGES TO TREEV.)AMES ST 541:r2 3rd Coll 11-18-87 / 1,163.11 011)) 000 04-02-87 JLIRYj HIKEV 6.14 ZONING CODE 4532 3rd Cnll 1-7-G3 0100 5) 04-30-87 KELLEHER, DALE 150.00 RECDUPHEHT OF ATTORNEY FEES 4938 0100 OFj) 04-30-87 MIES, DARIELL 1l6.(u) RtCfk LENT OF ATTBRIIEY FEES" 4939 010) 054) 04-30-87 MITCHELL, JOIN M1 .11) RE1,11PHENT OF ATTORNEY FEES 4940 0100 O(fj 04-30-87 HILLER, GRAIN 21,0.0.00W BANKRJPT/REC WRITE OFF BY ATTHY 5075 See Ada 0I40 232 04 17 87 'PAY N SAVE / tU.(Al FALSE ALARMS sid5 3rd tall 1 7 88 0100 23'2 M-17-87 ;:,CDIIINS P11ARMACY �/ IO.UO FALSE ALARM3 50W 3rd Coll 1-7- 21,401.14 0100 (60 05-04-87 BALLEIMR, OTT 125.00 RECOUPHENT OF PUBLIC DEFENSE 3'363 010) 050 05-20-87 CA VIA, JTH 19).00 RECOUPNENT OF PUBLIC DEFEW1 S965 0100 05A 05-01-87 NERTZLER, HICIIAEL 125.00 RMUPMEHT OF PUBLIC DEFEN'.Z 4941 400.00 Oir,) 050 06-ID-87 IIMLEY, JEFFREY 10).GO RECOUPNENT OF PUBLIC OEFEIM Ot(n) Or.A) 06-10-87 fEEKER, LAURA JEAN 10).0) RECOUFMENT CE F1.ELIC DEFEIM S967 200.00 01110 OFA 07-16-87 MEG,, MA- 1 150.00 RECO FMENT SERVICE FEE': 3968 OtOO 050 01-16-87 11M, MICHAEL / 100.00 RECOLPHENT SERVICE FEES 4942 OIUU fh)0 07-14 V GRAY;HAXINE' 9CJ.DO REGISTRATION FEES 5436 HAIL REII.JRI13 / 340.01 0100 620 03 Ik 87 BUNKER, CHERYL✓ 'O.OU RtGISTRATION FEES 5442 10 CULL 5-2-'?; DIDO 331 03-02-87 CENTRAL STATES TRt(-%IN 1,723.71 OVERTIRE V OTIIFR EERVD1S 6123 SEE ATTORNEY MOO 523 RJ-21-87 BRUda) MiSTRU('TION 351.54 OVERTIME LABOR FOR SEF.VICES 6M) 3RD COLL 5-2-88 OtOO O`.f) 09-22-87 MATTE, CMRLES 0.00 REI7IkMENT OF PUBLIC DEFENSE 6211 0100 050 0'3-2'2.87 CONKLIN, KD14ETII t9ht)) RECOUPMENT OF FlJDLlr* OFFENSE 6212 0100 050 09-22-87 6111100, DAVID 150.0) RECOIJPNENT OF PUBLIC DEFEN:,E 6213 0100 rfA 0)-2'2-87 CANTRELL, MARLES 150.00 RECaAMNTT OF PUBLIC OEFEM E 6215 2,675.2'5 0100 523 10-27-87 ,SAY01I, NO ON% / 21'1,0f) PERMITS FOR HEACOR HILLS 6172 HAIL RETURNtS OtOO (50 10-06-87 FENCE, JERRY 125.U) REMPIENT OF PUBLIC(JEFENS1 6216 01W UFO) tO-12-87 SILLIV01, 011L 150.00 RECOUP ENT OF PUBLIC DEFEIt:E 6217 _ ASIIb.3 '�:II(:DILE U7':iI-88 FUND f.�C DOTE NA11E A1031T SCRUICE MWICE WIMITS -•.• 010) 050 10-12-07 CTZI ES,I EAT IIER 75.01) REf MBIT OF KIDLIC DEFENSE 6213 0100 O`.A 10-21)-81 ELLIS, LARRY $'j.00 REW)PIIEIIT OF PU(LIC DEFER1 6220 U100 If0 10-21-87 KAPP, FREU 125.(1) RE(aAkUT OF KELIC DEFEW�E 67:1 0100 OPJ) U3'lJ 87 PATRKELLI, DARRELL M.00 RE(iilJMIT OF FU['T.IC DEFENSE 61M Oi(Q fM 10.13-07 FELIX, JIM 150.fp7 KC(UF1IENT OF P[KLD; OfFEII E tit 17 945.00 0100 (W 11.10-87 CRAY,,in SO.fe3 IIALL RUITAL 1509 DIERIIE 0D)) 5cr) 11-05-87 KIND), STEVEN 1,(t:"},17 REPAIR(INKED PONE 5642 ARRAl ENEII(S $11113 (flllI AJO0 53(1 11.05-8.7 PORTER, WICERT 1,F4.41 REPAIR DOMID F'(LE 5W 3RO UL 6-214f1 010) UfA 11-64-87 LABOYNE, JEANIETTE 19).01] RCM0ENT OF KKK' DCFEIt;E 5.24 01(dl $77 11-10.81 AREA 19 £M OLWT'IGI 250.00 REI}IG OF STECIAL f.L414I( 6.11A 3R'U (fU 6 2'1-88 01(u) FM 12-31-81 A HILT, MY// 311.41 DAIIACES ON ME") ST WA M W.I. 6 '1;" UlOU 53J 12 31„1 EFnU IWN, DAUIU✓ :�1.71 Dirt4Af£S TO TRAILER 6F;[3 cRU U[L 6 21 [S 616.12 4100 55+) 023.19 417 WIVER`;,AL,.LAHD.C[d15 175.2 REPAIR(�JKEII SU'3 ,`+i25 3rd Coll LFtt 3-73-W 410) 550 03-19 W 'PA1'D, 14ATA'.941•); 491.05 HYDRANT IY�IW0 56,31 3rd Coll Lett 3:ri-f.3 410) 550 11-06-87 NICKELSON `� 26.W IYURAII( WATER PERHIT 6327 FU fa.LL 1987 Totals $31 ,721 .68 V = $23.860.85 (21 , 000 . 00) _.. 2 , 860 . 85 # Attorney advises us to continue pursuit of collection process . rl Kent City Council Meeting Date October 18, 1988 Category Consent Calendar 1. SUBJECT: RECLASSIFICATION, PARKS AND RECREATION DEPARTMENT 2. SUMMARY STATEMENT: Authorization for the reclassification of the position of Administrative Secretary I to Administrative Assistant I , Parks and Recreation Department. Position incumbent Marilyn Behrens would move from salary range 20-E to salary range 22-E. Funds for this reclassification are contained within the 1988 Parks and Recreation budget. 3 . EXHIBITS: Memo 4. RECOMMENDED BY: Operations Committee (Committee, Staff , Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ -• SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3D T MEMORANDUM DATE: October 18, 1988 TO: May r Kelleher and Council Members FROM: Mi ebby, Assistant City Administrator SUBJECT: RECLASSIFICATION - Rent Commons The purpose of this memorandum is to request approval of the reclassification of the position of Administrative Secretary I to Administrative Assistant I. Approval of the reclassification of this position to Administrative Assistant I is consistent with the Ewing Classification study which recommended level I for positions which report directly to a Division Head. The position in question is currently occupied by Marilyn Behrens. She performs Administrative Assistant duties and reports directly to Lori Hogan, Superintendent of Recreation. Therefore, due to the nature of her job duties and responsibilities as well as direct responsibility to the Superintendent of Recreation, it is _.. recommended that the position be assigned to the Administrative Assistant I classification. If approved, Ms. Behren' s position will move from salary range 20E, $2 , 079/mo. to 22E, $2 , 181/mo. The total salary impact of this request will be approximately $255 during the remainder of 1988 . Funds to support this request will be provided within the existing Parks and Recreation budget. The request has been reviewed and approved by the Personnel Department. Following that review the request was presented to the Council Operations Committee at its meeting on October 3 , 1988 . The Operations Committee recommends approval effective October 16, 1988 . If you have any questions regarding this item please let me know. CITY OF KENT CLASS TITLE: ADMINISTRATIVE ASSISTANT I BASIC FUNCTION: Under the direction of a division head, perform a variety of responsible administrative support duties; process administrative details not requiring the immediate attention of the assigned supervisor. DISTINGUISHING CHARACTERISTICS: The class of Administrative-Assistant I reports to the head of a large, complex division. The duties and responsibilities are similar to that of an Administrative Assistant II , but encompass division-wide administrative assistance outies. Incumbents assigned to the class are required to exercise tact, independence, judgment and initiative. The Administrative Assistant II positions assume a higher level of responsibility and performs a variety of complex and technical administrative assistance involving an entire department. This class requires a substantial amount tact, independence judgment and initiative. The Administrative Assistant III repurts to the Chief of Police and performs a wide variety of specialized administrative functions with considerable freedom to act and impact un the Department's operations. REPRESENTATIVE DUTIES: Serve as administrative assistant relieving the supervisor of a variety of clerical , technical and administrative support uuties; serve frequently as liaison between the supervisor and the public, man.gemznt and other City employees. Train, supervise and evaluate other staff as assigned; plan and coordinate work flow to assure timely and efficient office suppurt. Collect and compile statistical data and ather information for inclusion into special and periodic reports; prepare special repurts as necessary; research and analyze information and establish appropriate; report formats; prepare Board agenda items and back-up materials as required. Assist in the preparation of the divisiun budget; verify the accuracy of budget information; monitor budget expenditures. Assist in developing procedures to expedite transmittal of infurmation or, facilitate implementation of division services. Cuordinate staff input regarding special ,arid periodic reports; prepare and assemble agenda materials; review and proof documents, recurds and forms for accuracy, completeness and confurmance -cu applicable rules and regulations. Administrative Assistant I - Continued Page 2 _ Attend meetings, seminars, conferences and training as appropriate; maintain a current understanding of department functions and programs; represent division as required. Confer with the supervisor to receive assignments, instructions and information; maintain appointment schedule as assigned. Conduct independent research and analysis concerning administrative assignments; evaluate information and recommend alternative courses of action. Assist callers by relaying messages, answering questions, responding to requests, resolving problems, referring cullers to others, explaining City policies and procedures and referring callers to others as appropriate. Open, read and route mail ; denote important sections of mail for the attention of supervisor prepare preliminary responses to correspondence for supervisor approval ; determine action to be taken; request, follow-up and verify same. Establish and maintain complex, inter-related filing systems; maintain payroll and personnel records for the division; order and maintain office supplies. Prepare a variety of correspondence, memoranda, reports and other material ; record and prepare minutes from a variety of meetings; arrange and schedule a variety of meetings, conferences and travel ; attend meetings as assigned. Operate a variety of office equipment including computer terminal as required. Perform related duties as assigned. KNOWLEDGE AND ABILITIES: KNOWLEDGE OF: Modern office practices, procedures and equipment. Record-keeping techniques. Budgeting procedures including preparation, monitoring, transfers and reporting. Correct English usage, grammar, spelling, punctuation and vocabulary. City organization, operations, policies and objectives. Oral and written communications skills. Technical aspects of field of specialty. Interpersonal skills using tact, patience and courtesy. Telephone techniques and etiquette. Basic research and analysis and techniques. NOVEMBER 1987 EWING & COMPANY Administrative Assistant I - Continued Page 3 ABILITY TO: Perform clerical and administrative assistance and relieve the supervisor of administrative details. Learn to interpret and apply City laws, rules and policies. Type at an acceptable rate of speed. Understand and follow oral and written directions. Work confidentially with discretion. Work independently with little direction. Establish and maintain effective and cooperative working relationships with others. Meet schedules and time lines. Plan and organize work. Prepare and edit correspondence avid reports. Communicate effectively both orally and in writing. Assemble diverse data and prepare reports. Maintain inter-related files and records. Learn quickly to apply specific rules, policies and prucedures of specific division to which assigned. Operate a variety of standard office equipment including computer terminal or P.C. Analyze situations accurately and adopt an effective course of action. EDUCATION AND EXPERIENCE: Any combination equivalent to: graduation from high school including or supplemented by business training and one year of increasingly responsible administrative support experience WORKING CONDITIONS: Typical office environment. NOVEMBER 1987 EWING & COMPANY y !.J Kent City Council Meeting Date October 18, 1988 Category Consent Calendar 1. SUBJECT: HAWKRIDGE PRELIMINARY SUBDIVISION NO. SU-88-2 2 . SUMMARY STATEMENT: Authorization to set November 1, 1988 for a public meeting to consider the Hearing Examiner ' s conditional approval of Hawkridge Preliminary Subdivision No. SU-88-2. The request is for a 20 lot residential subdivision located at 26221 Woodland Way S. 3 . EXHIBITS: None 4. RECOMMENDED BY: Hearing Examiner August 31, 1988 (Committee, Staff, Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3E f �\ V Kent City Council Meeting J Date October 18, 1988 �\ Category Consent Calendar 1. SUBJECT: IMPLEMENTATION OF EAST VALLEY ZONING - ORDINANCE 2. SUMMARY STATEMENT: Adopt Ordinance 0 which allows the Planning Commission, rather than the Hearing Examiner, to hold the public hearings on the implementation zoning for the East Valley area . y` 3 . EXHIBITS: Ordinance 4. RECOMMENDED BY: Staff, City Council (Committee, Staff , Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ •.• SOURCE OF FUNDS : 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• - Council Agenda Item No. 3F i ORDINANCE NO. ,... AN ORDINANCE of the City of Kent, Washington, regarding Planning Department East Valley Zoning Study, designating procedures for amendments to the Zoning Map and Zoning Text to implement the Comprehensive Plan or changes previously authorized by the City Council; granting to the Planning Commission the authority to consider and make recommendations on zoning map amendments, in lieu of the Hearing Examiner; and providing for public notice procedures for public hearings held on amendments proposed as a result of this Study. p WHEREAS, the City Council directed the Planning I Department to conduct a study of the East Valley Planning Areas; and WHEREAS, the Planning Department concluded the East Valley Study in March of 1988; and WHEREAS, the Planning Commission has held hearings on the Comprehensive Plan, changes, and the City Ccuncil amended and adopted East Valley Comprehensive Plan and map changes, including amendments to the Valley Flocr Plan; and WHEREAS, the City Council has directed the planning staff to implement the Comprehensive Plan changes, made as a result of the East Valley Study, by amendments to the zoning map and/or text; and WHEREAS, RCW 35A.63.020 empowers a city council to authorize the Planning Ccmmission to hear and make recommendations) to the City Council on Zoning Map amendments; and WHEREAS, public notice and opportunity for input on the East Valley Zoning Study results is of the highest priority to the City Council; and WHEREAS, the Council is desirous of establishing procedural rules for implementation of proposals generated thereby, which are both expedient in its process and generous in its opportunities for public hearing and input; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Valley Floor Comprehensive Plan ( amendments as passed by the City Council as a result of the East Valley Study are to be implemented through amendments to the I Zoning Text, and/or official Zoning Maps. Rules for East Valley Study's hearings and recommendations to the City Council shall be as defined in Section 2. I Section 2. I. Planning Commission 1. Zoning Yap Amendments. - A. Authorization. The Planning Commission, in lieu of the Hearing Examiner, is authorized tc• conduct the hearings on all Zoning Map amendments proposed to implement the comprehensive plan changes resulting from the East Valley Study. The Commission shall receive and examine available information, conduct public hearings, prepare a record thereof and enter findings of fact and conclusions based upon those facts, together with a recommendation to the City Council, for such proposals. B. Report by Planning Department. Department shall coordinate and assemble relevant information regarding any proposed amendment the comments and recommendations of other City departments and governmental agencies having an interest in the proposal and shall prepare a report summarizing the factors involved and the Planning Department analysis and supportive recommendations. At least seven calendar days prior to the scheduled hearing, the report shall be filed with the Commission i and copies thereof shall be made available for use by any interested party for the cost of reproduction. 2 — ..... it i' C. Conflict of Interest. Planning Commission members shall not conduct or participate in any hearing or decision in which the Planning Commission merr.bers have a direct or indirect personal interest which might exert such influence upon the Commission that might interfere with their decision-makinc process. Any actual or potential conflict of interest shall be disclosed to the parties immediately upon discovery of such conflict. Participants in the land use regulatory process have the right, insofar as possible, to have the Planning Commission members free from personal interest or prehearing contacts on land use regulatory matters considered by them. It is recognized that there is a countervailing public right to free access to public officials on any mattEr. If such personal or prehearing interest contact impairs the members' ability to act onl the matter, such person shall so state and shall abstain therefrom ) i to the end that the proceeding is fair and has the appearance of i fairness, unless all parties agree in writing to have the matter heard by said member. No Council member, City official, or any other person shall attempt to interfere with, or improperly influence the Planning Commission members in the performance of their designated duties. j D. Public Hearing. Before rendering a I decision or recommendation on any proposal, the Commission shall hold at least one public hearing thereon. II -- The Commission shall have the power to prescribe rules and regulations for the conduct of hearings under this Ordinance and also to administer oaths, and preserve order. E. Recommendation or Decision. i. The Commission's recommendation or decision may be to grant or deny the proposal, or the Commission may recommend or require such conditions, modifications and restrictions as the Commission finds necessary to make the proposal compatible with its environment and carry out the objectives and goals of the Comprehensive Plan and amendments thereto, the Zoning Code, the Subdivision Code, and other codes and ordinances of the City. Conditions, modifications and restrictions which may be imposed are, but are not limited to, additional sEtbacks, screenings in the form of landscaping and fencing, covenants, easements and dedications of additional roads rights-of-way. i 3 ii. In regard to proposals for zoning amendments, the findings and conclusions shall be submitted to the City Council, which shall have the final authority to act on such applications. F. Commission's Decision and Recommendation-- Findings Required. The Commission shall render an oral recommendation at the conclusion of the final hearing on any matter. Thereafter, the Commission shall make and enter written findings from the record and conclusions therefrom which support such recommendation, which written findings and recommendation shall be rendered within fourteen calendar days of the conclusion of the hearing. The copy of such recommendation including findings and conclusions, shall be transmitted by first class mail, to all parties of record in the case requesting the same. There shall be kept on file in the Planning Department a signed affidavit which shall attest that each mailing was sent in compliance with this prevision. In addition, the Commission shall file a recommendation with the City Council at the expiration of the i period provided for a rehearing or within fourteen days of the conclusion of a rehearing, if one is conducted. G. Reconsideration. Any aggrieved person feeling that the recommendation of the Commission is based on erroneous procedures, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing, may take a written request for reconsideration by 'the Commission within fourteen days of the date the recommendation is rendered. This request shall set forth the specific errors or new information relied upon by such appellant, and the Commission may, after review of the record, take further action as they deem proper. H. Appeal of Commission's Recommendation. Any party who feels aggrieved by the Commission's recommendation may submit an appeal in writing to the Council within fourteen calendar days from the date the final recommendation of the Commission is rendered, requesting a review of such recommendation. Such appeal shall be upon the record established and made at the hearing held by the Commission, provided that new evidence which was not available at the time of the hearing held by the Cemmission may to included in such appeal. The term "new evidence" shall mean only evidence - 4 - discovered after the hearing held by the Commission and shall not include evidence which was available or which could reasonably have been available and was simply not presented at the hearing for whatever reason. Such written appeal shall allege specific errors of fact, specific procedural errors, omissions from the Irecord, errors in the interpretation of the Comprehensive Plan or new evidence which was net available at the time of the hearing held by the Commission. Upon such written appeal being, filed within the time period allotted and upon payment of fees as required, a hearing shall be held by the City Council. Such hearing shall be held in the manner set out in resolution adopted by the City Council containing appeal procedure for Hearing Examiner decisions. If the Commission has recommended approval of the proposal, such recommendation shall be considered by the City Council at the same time as the consideration of the appeal. 2. Text Amendments. The Planning Commission shall conduct at least one public hearing on all proposed Zcning Text amendments. The Planning Commission shall make a recommendation to the City Council. Conduct procedures of the Planning Commission for proposals under this work Program shall be as provided in Kent City Code Chapter 2 .32. II . City Council Review. - 1. Zoning Map Amendments. Any Zoning Map amendment proposal requiring action by the City Council shall be taken by the adoption of a resolution or ordinance by the Council. When taking any such final action, the Council shall make and enter findings of fact from the record and conclusions therefrom which support its action. The City Council may adopt all or portions of the cemmissicn's findings and conclusions. In the case of an ordinance for rezone of property, the ordinance shall not be placed on the Council's agenda until all conditions, restrictions, or modifications which may have been stipulated by the Commission have been accomplished or previsions for compliance made to the satisfaction of the Legal Department. The action of the Council, approving, modifying, or rejecting a recommendation of the Commission, shall 5 - be final and conclusive, unless within twenty calendar days from the date of the Council action an aggrieved party or person applies for a writ of certiorari to the Superior Court of Washington for King County, for the purpose of review of the action taken. 2. Zoning Text Arrendir.ents. The City Council may affirm, modify or disaffirm any recommendation of the Planning Commission with regard to text amendments. - III . Public Hearing Notice Requirements. 1. Planning Commission. A. Zoning Map Amendments. As a minimum, notice of public hearing shall be given by publication, in a newspaper of general circulation in the area, at least ten (10) days prior to the public hearing. Additional railing or posting of the notices may, at the option of the Planning Commission, be required. B. Zoning Text Amendments. Nctice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, at least ter, (10) days prior to the public hearing and by posting the notice in three (3) general public locations. C. Sir•ultaneous Hearings. In the event that the Planning Commission shall consider simultaneously any of the above categories of actions, the Commission shall employ the public hearing notice requirements for the action considered which ensures the maximum public notice opportunities. 2. City Council. A. Zoning Map Amendments. As a minimum, notice of public hearing shall be given by publication, in a newspaper of general circulation in the area, at least ten (10) days prior to the public hearing. Additional mailing or posting of the notices m•ay, at the option of the Planning Commission, be required. B. Zoning Text Amendments. Notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, at least ten (10) days prior to the public hearing and by posting the notice in three (3) general public locations. 6 - C. Simultaneous Hearings. In the event that the Planning Commission shall consider simultaneously any of the labove categories of acticns, the Commission shall employ the , public hearing notice requirements for the action considered which ensures the maximum public notice opportunities. Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, ! approval and publication as provided by law. I DAN KELLEHER, MAYOR ATTEST: MARIE; JENSEN, CITY CLERK APPROVED AS TO FORM: SANDRA DRISCOLL, CITY ATTORNEY . PASSED the day of , 1988. APPROVED the day of , 1988. , PUBLISHED the day of , 1988. I hereby certify that this is a true ccpy of Ordinance No. , passed by the City Council of the City of Kent, I Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) MARIE JENSEN, CITY CLERK 6180-230 7 - 4 n �V Kent City Council Meeting Date October 18, 1988 Category Consent Calendar 1. SUBJECT: EXCEPTIONS TO BE CONSIDERED BY HEARING EXAMINER - ORDINANCE 2 . SUMMARY STATEMENT: Adopt Ordinance l to amend the Zoning Code to allow the Hearing Examiner discretion in approving, denying or conditioning exceptions to development standards including height of unique structures, signs and setbacks, when a conditional use permit is required. 3 . EXHIBITS: Ordinance 4. RECOMMENDED BY: City Council (Committee, Staff, Examiner, Commission, etc. ) 5. EXPENDITURE REQUIRED: $ •• SOURCE OF FUNDS: 6. CITY COUNCIL ACTION: Councilmember moves , Councilmember seconds DISCUSSION: ACTION• _. Council Agenda Item No. 3G ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to land use and zoning, authorizing the Hearing Examiner's discretion in approving, denying or conditioning exceptions to certain development standards when considering a conditional use permit, and amending Kent City Code 15.09.030.E. WHEREAS, on July 25, 1988 the Kent Planning Commission proposed that the Hearing Examiner be given discretion in approving, modifying or denying conditional exceptions to development standards, including height of unique structures, signage, and setbacks, when a conditional use permit is required in order to allow the opportunity to have one quasi-judicial body review all of the same requests; and _.. WHEREAS, on September 20, 1988, the Kent City Council Planning Committee recommended approval of this amendment; and WHEREAS, the Kent City Council finds that public necessity and convenience and the general welfare require this i amendment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DCES ' HEREBY ORDAIN AS FOLLOWS: Section 1. Section 15.09.030 of the Kent City Code is amended as follows: 15.09.030. CONDITIONAL USES. A. Purpose. 1. Conditional use permits, revocable, conditional or valid for a time period may be issued by the Hearing Examiner for any of the uses or purposes for which such permits are irequired or permitted by the terms of this Code. The purpose of the conditional use permit is to allow the proper integration into the community of uses which may be suitable only on certain conditions in specific locations in a zoning district, or if the site is regulated in a particular manner. 2. Any use existing at the time of adoption of this code which is within the scope of uses permitted by a conditional use permit in the district in which the property is situated shall be deemed a conforming use without necessity of a conditional use permit. 3. Any expansion of an existing conditional use may be required to apply for a new conditional use permit if the Planning Director finds that there is a change in the nature cf the use by such expansion. B. Application. The owner or his agent may make application for a conditional use permit which shall be on a form prescribed by the Planning Department and filed with the Planning Department. Said application shall be submitted at least forty-five (45) days prior to the next regularly scheduled public hearing date, and shall be heard by the Hearing Examiner within one hundred (100) days of the date of said application--provided, however, that this period may be extended in any case for which an environmental impact statement is required. 1. Development plans shall be submitted drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any, and the location on the lot of the proposed building or alteration. said plans shall show proposed landscaping, off-street parking, signs, ingress and egress and adjacent land uses. The plan shall include other information as may be required by the Planning Department. C. Public Hearing. The Hearing Examiner shall hold a public hearing on any proposed conditional use, and shall give notice thereof in at least one (1) publication in the local newspaper at least ten (10) days prior to the public hearing. - 2 - i 1. Notice shall be given to all property owners within a radius of at least two hundred (200) feet and, when determined by the Planning Director, a greater distance of the exterior boundaries of the property subject of the application. Such notice to be sent ten (10) days prier to the public hearing. a. The failure of any property owner to receive said notice of hearing will not invalidate the proceedings. 2. Public notices shall be posted in three conspicuous places on or adjacent to the property subject of the application at least ten (10) days prior to the date of the public hearing. D. Standards and Criteria far Granting a Conditional Use Permit. A conditional use permit shall only be granted after the Hearing Examiner has reviewed the proposed use to determine if it complies with the standards and criteria listed below. A conditional use permit shall only be granted if such finding is made. 1. The proposed use in the proposed location will not be detrimental to other uses legally existing or permitted outright in the zoning district. 2. The size of the site is adequate for the proposed use. 3. The traffic generated by the proposed use will not unduly burden the traffic circulation system in the vicinity. 4. The other performance characteristics of the proposed use are compatible with those of other uses in the neigh- borhood or vicinity. 5. Adequate buffering devices such as fencing, landscaping, or topographic characteristics protect adjacent properties frcm adverse effects of the proposed use, including adverse visual or auditory effects. 3 - 6. The other uses in the vicinity of the proposed site are such as to permit the proposed use to function effectively. 7 . The proposed use complies with the performance standards, parking requirements and other applicable provisions of this code. 8. Any other similar considerations that may be appropriate to a particular case. E. Action of Hearing Examiner. Special conditions may be imposed on the proposed development to insure that the proposed use will meet the standards and criteria of Section 15.09.030 subsection D in granting a conditional use permit. Guarantees and evidence that such conditions are being complied with may be required. If the proposal also involves the requirement to obtain exceptions to development standards, the Hearing Examiner may approve, modify or deny conditional exceptions to those development standards including height, unique structures, signage and setbacks when considering a conditional use permit application for that same proposal. Section 2. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK - 4 - V lJ f� fy'� Kent City Council Meeting Date October 18, 1988 C� Category Consent Calendar V11. SUBJECT: AMEND ZONING CODE - COMMUNITY COMMERCIAL DISTRICTS - ORDINANCE 2. SUMMARY STATEMENT: Adopt Ordinance to amend the Zoning Code to allow public storage facilities as a conditional use in the community commercial zoning district with accompanying design standards . 3 . EXHIBITS: Ordinance 4. RECOMMENDED BY: City Council (Committee, Staff , Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ,_. Council Agenda Item No. 3H i ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, amending Kent City Code Section 15.04 .100, to allow mini warehouses as a conditionally permitted use, with defined development standards, in the Community Commercial zoning district. THE CITY COUNCIL OF THE CITY CF KENT, WASHINGTON DOES - HEREBY ORDAIN AS FOLLOWS: Section 1. Kent City Zoning Code Section 15.04.100 is amended as follows: 15.04.100. CCMMUNITY CCMMERCIAL DISTRICT OR CC. Purpose: The purpose of this district is to provide areas for limited commercial activities that serve several residential neighborhoods. This district shall only apply to such commercial districts as designated in the Kent Comprehensive Plan. A. Principally Permitted Uses. 1. Retail establishments, selling primarily new merchandise, including convenience goods, shopping goods such as "soft lines" (clothing, shoes) and "hard lines" (hardware, furniture, paint, appliances) . i i 2. Personal services such as barber and beauty shops, launderettes, dry cleaning establishments, television and radio repair, shoe repair. 3 . Restaurants (excluding drive-in restaurants) , taverns. 4 . Veterinary clinics when located no closer than one hundred fifty (150) feet to any residential use, providing they animals are housed indoors (no outside runs) and the building is soundproofed. Soundproofing must be designed by competent acous- tical engineers. 5. Eranches of financial institutions. 6. Car washes. 7. Nurseries and greenhouses. 8. Commercial recreational facilities including theaters, bowling alleys, skating rinks, miniature golf. 9. Cffice uses. I 10. Any other use that is determined by the Planning Director to be the same general character as the above permitted uses and is in accordance with the stated purpose of the district. ) 11. Municipal uses and buildings, except for such uses and buildings subject to Section 15.04.200. (0.2695 S2) Existing dwellings may be rebuilt, repaired and otherwise chanced for human occupancy. Accessory uses for existing dwellings may be constructed. Such uses are garages, carports, storage sheds and fences. B. Special Permit Uses. The following uses are permitted provided that they conform to the development standards listed in Section 15.08.020. 1. Gasoline service stations. 2. Drive-in restaurants. 3 . Churches. 4 . Nursery schools and day care centers. C. Accessory uses. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities, loading and unloading areas. 2 - D. Conditionally Permitted Uses. 1. General Conditional Uses as listed in Section 15.08.030. 2. Apartments (either ty themselves or in conjunction with commercial uses), and building supply uses. 3 . Auto repair facilities. 4. Mini-warehouses. Provided: that the following development standards shall apply for mini warehouses, superseding i those set out in 15.04.100 (E) , below. a. Frontage Use Reserved: The first 150 feet of lot depth (measured from the property line or right of way inward from the street frontage) shall be reserved for principally permitted uses for this district defined tv the provisions of 15 04 100 A-1, and/or for office/on-site manager's unit, signage, parking and access A maximum of 25% of the frontage may be used for access to the storage unit area provided that: in no case shall the access area exceed 75 feet in width. Nc storage units/structures shall be permitted with this 150 feet commercial frontage depth. b. Lot Size. Minimum - 1 acre Maximum - 4 acres C. Site Coverage. Underlying zoning district requirements. d. Setbacks. Front Yard - 20 feet Side Yard - 10 feet i Rear Yard - 10 feet e. Height Limitations. One story in heicht. f. Outdoor Storage. No outdoor storage is permitted. 3 - li 'i Lig• Signs. The sign requirements of Chapter 15.06 shall apply. h. Off-Street Parking. I 1. The off-street parking requirements of Chapter 15.05 shall apply. 2. Off-street parking may to located in required yards except in areas required to be landscaped. i. Development Plan Review. Development plan approval is required as provided in Section 15.08_. L Landscaping. Front Yard - 20 feet: Type III (earth berms Side Yard - 10 feet: Type II atutting commercial, Type I abutting residential uses or districts. Rear Yard - 10 feet: Type II atutting commercial uses or districts, Type I abutting residential uses or districts. Note: For maintenance purposes, underground irrigation systems shall be provided for all landscaped areas. k. Cn Site K,anagers. A resident manager shall to required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of the approval. The Planning Department shall establish requirements for parking and leading areas sufficient to accommodate the needs of the resident manager and the customers to the facility. 1. Drive Aisles. Drive aisle width and parking requirements are as follows: a. 15 foot drive aisle and 10 foot parking aisle. 4 - b. Parking for manager's quarters and visitor parking. W. Building Lengths. The horizontal dimension of any structure facing -the perimeter of the site shall be offset at intervals not to exceed 100 feet. The offset shall be no less than 20 feet in the horizontal dimension, with a minimum: depth of 5 feet. n. Materials Used. If abutting a residential use of zone residential design elements such as brick veneer, wood siding, pitched roofs with shingles, landscaping and fencing No uncomplimentary building colors should be used when abutting a residential use or zone. o. Prohibited Uses. Restrict use to "dead storage" only. Specifically prohibit the following: i. Auctions (other than tenant lien sales) , commercial, wholesale, or retail sales, or garage sales. ii. The servicing, repair, or fabrication of motcr vehicles boats, trailers, lawn mowers, appliances or other similar equipment. iii. The operation of power tools, spray painting equipment, table saws, lathes, compressors, welding equipment, kilns or other similar equipment. iv. The establishment of a transfer and storage business. v. Any use that is noxious or offensive because of odor, dust noise fumes or vibration. i vi. Storage of hazardous or toxic materials and chemicals, or explosive sutstances. Fencing. No razor wire allowed on top of _.. fences. — 5 — i i E. Development Standards. 1. Minimum lot. 10,000 square feet. 2. Maximum site coverage. Forty (40) percent. 3 . Front yard. There shall be a front yard of at least fifteen (15) feet depth. 4 . Side yard. None except when abutting a more restrictive district, and then not less than twenty (20) feet width. 5. Rear yard. There shall to a rear yard of at least twenty (20) feet depth. 6. Height limitation. Three (3) stories or forty (40) feet. However, the Planning Director shall he 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 Planning Commission. i 7 . The landscaping requirements of Chapter 15.07 shall apply. B. Outdoor storage. Cutdoor storage areas are prohibited. F. Signs. The sign requirements of Chapter 15.06 shall apply• " G. Cff-Street Parking. 1. The off-street parking requirements of Chapter 15.05 shall apply. 2. Off-street parking may be located in required yards except in areas required to be landscaped. 6 - I H. Development Plan Review. Development plan approval is required as provided in Section 15.08. Section 2. Effective Date. This ordinance shall take effect and be in force five (5) days frcm and after it's passage, approval and publication as provided by law. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence paragraph, subdivisions, section or portion of this ordinance or the invalidity of the application thereof to any person or circumstance shall not affect. the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: SANDRA DRISCOLL, CITY ATTORNEY PASSED the day of , 1988. _. APPROVED the day of . 1988. PUBLISHED the day of , 1988. 7 - ' I Kent City Council Meeting 111000 Date October 18 , 1988 Category Consent Calendar qr Vr 1. SUBJECT: HAZARDOUS SUBSTANCE ORDINANCE y 2. SUMMARY STATEMENT: Adopt Ordinance ) amending the Zoning Code, relating to hazardous substances to include certain ' definitions which were previously approved by Kent City Council and Department of Ecology, but not included in previous hazardous waste Ordinance 2801, and correcting numerical sequences and typographical notations within the zoning code. 3 . EXHIBITS: ordinance 4 . RECOMMENDED BY: Planning Department (Committee, Staff , Examiner, Commission, etc . ) 5. EXPENDITURE REOUIRED: N/A SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 31 COPIES OF THIS 47 PAGE ORDINANCE ARE AVAILABLE IN THE CITY CLERKS OFFICE ORDINANCE NO. _. AN ORDINANCE of the City of Kent, Washington, amending the Kent Zoning Code to include certain definitions previously approved, but not included in prior hazardous substance Ordinance 12801, and correcting numerical sequences and typographical notations within the Kent City Zoning Code, recodifying Sections 15.02 .185, 15.02.186, 15.02.332 and 15.02.335, adding sections 15.02.184, 15.02.185, 15.02.267 and 15.02.334, amending 15.02.175, 15.04 .005, 15.04 .015, 15.04 .120, 15.04 .130, 15.04 .140, 15.04.150, 15.04 .190, 15.08.050 and 15.09.100 WHEREAS, the City of Kent has enacted a zoning code recognizing that there is a continuing need to regulate the use of land to promote the public health, safety and general welfare, and recognizing the opportunities to obtain an urban environment of high quality without unduly high public or private expenditures for development and without unreasonably restricting private enterprise or initiative; and _.. WHEREAS, the Kent City Council on September 6, 1988 passed Ordinance 12801 in compliance with the Washington State legislature directive to local governments to address zoning concerns relating to hazardous waste treatment and storage; and WHEREAS, certain definitions relating to hazardous wastes and substances were previously approved by Kent City Council, and by the Washington State Department of Ecology, but not included in the recent hazardous waste zoning code amendments contained in Ordinance f2801; and WHEREAS, correction of numerical sequencing and other typographical notations within the zoning code is desired, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: k ` Kent City Council Meeting t `iC�i•`( Date October 18, 1988 1\� o Category Consent Calendar 1. SUBJECT: BRIDGEWATER PHASE II - BILL OF SALE _.. 2. SUMMARY STATEMENT: Acceptance of the bill of sale and warranty agreement for continuous operation and maintenance for approximately 380 feet of water main extension and 227 feet of sanitary sewer extension constructed in the vicinity of Lakeside Boulevard and James Street for the Bridgewater Phase II Project and release of cash bond after expiration of the one year maintenance period. 3 . EXHIBITS: Vicinity map 4 . RECOMMENDED BY: . (Committee, Staff, Examiner, Commission, etc. ) 5. EXPENDITURE REQUIRED: SOURCE OF FUNDS• 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3J BRIDGEWATER PHASE II WCINI T Y MAP SCALE. 2" I MILE` Mir f I t1 "TH : P s 7, it GI .7 A ---sT > > 5 ST r 14 1)�)VAK ITN It j > SITE k r N T . I ; . CQ�F S r rill, w n %v P'Lo)')v 13 04" ; 10 nuAill I JP6 nVAI) 21 JDP6 -)t7� S�sl > j NV Z If, p girr PARK I ( * uj k�l W4 If A Fr • llnmli(Y4 *4.,s? 21 :"Iwgp Sr UM I I rl, a 3 - III C A 3 A PP. 57 , I I fof fl: sl '7' Cll c %'A I F PV&U YOQ1(IN ',I Lrrn i �,:� I I 5 (r J I I + )//�, � w 'n I ' (C Y `� r T'- P.P. Kent City Council Meeting Date October 18, 1988 Category Consent Calendar 1. SUBJECT: PUBLIC STORAGE - BILL OF SALE 2 . SUMMARY STATEMENT: Acceptance of the bill of sale and • , warranty agreement for continuous operation and maintenance for approximately 870 feet of water main extension and 800 feet of sanitary sewer extension constructed in the vicinity of S. 222nd Street and 84th Ave. S. for the Public Storage project and release of cash bond after expiration of the one year maintenance period. Authorization for staff to prepare and the Public Works Director to sign latecomer agreements for the water and sewer extensions . 3 . EXHIBITS: Vicinity map 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner , Commission, etc. ) 5 . EXPENDITURE REQUIRED: • SOURCE OF FUNDS• 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: • Council Agenda Item No. 3K ....... crAl s 211111 ST ;,OM ST SE i7)2r?l ST I E It - -- -%E j Utri� St Jj)r4 N - II I III I'L 6 ]III rL cm) r ti IL f f S 2111)f -Sr alumf ar ( »\` , s; --.. �l �.L.• ' T'• � :•7;�!Z:, .. .� tt . Z.._�.__ _1_--r-_- .___.._.__ / r tf 2117 It I r U) ArRI LA (A ST L0 cc ..s s r 222"D S In i*l J SO 714 TH 11 S( Mlit ,, i 1. .,; i,�N ..r r ;� 1 'j r- S; ��� �J �� 77,1 ", 7.1 ,T,�l'I, 0. .1�4 1 1 :� IL >, 221 T11 �2? SE 1;1 1_11p S L %_ 231sl S! L. ,Ir IT ',/ NOVAK s ?3 F r vc� C" 0 S_ wil ST f xElrr ZT k r rAJ?K �f OLL sr V 114 1 T MAP PUBLIC STORAGE Kent City Council Meeting Date October 18, 1988 0 \,1 Category Consent Calendar 1. SUBJECT: MASTER METER - RIVERVIEW RV PARK 2 . SUMMARY STATEMENT: As approved by the Public Works Committee.,'` ' authorization for the ubT'ic Works Director to allow a master meter to provide Ovate service to the Riverview RV Park (Kantor RV Park) . , 3 . EXHIBITS: Excerpt from Public Works Committee minutes . 4. RECOMMENDED BY: Public Works Committee (Committee, Staff , Examiner, Commission, etc. ) 5. EXPENDITURE REQUIRED: SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3L Public Works Committee October 11, 1988 Page 2 notification efforts have been improved of late. Gill stated that Nancy Mann was unable to attend this meeting; however, she urged that the Committee to move ahead with the study. Biteman moved that whatever steps necessary be taken to settle this matter as soon as possible. In discussion, Dan Stroh noted that Planning will be initiating the study right away and would anticipate completion of the study by the end of the year. If a change in the comp plan were to be implemented that procedure would begin then in January approximately. Woods seconded Biteman's motion. The Committee unanimously approved. Public Interest Vacation - West Temperance Street Williamson asked this be withdrawn from the agenda as he is not prepared to make a recommendation at this time. Mr. Kramer was in attendance for this item and presented photographs of the area which he gave to the Attorney for his use in preparing a determination on this item. Request for Master Meter -Riverview RV Park Wickstrom indicated this RV park is developing south of the Green River north of 167 in the vicinity of 262nd. Separate meters are required by ordinance for individual services. The developer has requested to be allowed to serve the site with a master meter. Council authorization is required to allow a master meter. Williamson added it might require an ordinance. (NOTE: After further review it has been determined that an ordinance will not be required. ) The Committee unanimously approved allowing a master meter for the development. Discussion of Traffic Mitigation for King County Plats Affecting Kent Transportation System Wickstrom explained that to date when a development is taking place in the County outside Kent's utility franchise area yet affecting Kent's transportation system, the only avenue available to address these impacts has been to appeal the SEPA determinations. In some • cases, we have been able to reach a settlement with the developer. The County has recently recognized that their prior determination of not being able to address the impact on Kent ' s roads without an interlocal agreement is not lawful and that SEPA has to address all impacts and can not be. restricted by County ordinance. Now the County will be requesting our input prior to the SEPA determination. Johnson stated he has met with Greg Nichols and Gary Grant on this issue. He pointed out that impacts even to County intersections are not being addressed and he expressed he � 2 Kent City Council Meeting Date October 18, 1988 Category Consent Calendar 1. SUBJECT: LID 327 - WEST VALLEY .HIGHWAY IMPROVEMENTS 2 . SUMNMY STATEMENT: (ion _ approved by the Public Works Committee� authorization for they Attorney to prepar2 the ordinance to proceed with condemna procedures for rights-of-way acquisition for the WValley Highway Improvement Project on those properties in t,lhich negotiations are unsuccessful . 3 . EXHIBITS: Excerpt from the Public Works Committee minutes. 4. RECOMMENDED BY: Public Works Committee (Committee, Staff , Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3M Public Works Committee October 11, 1988 Page 3 would like the County to develop tougher standards to require the developer to mitigate not only where the City is concerned but in „ the County as well . Wickstrom stated we would likely be coming before Council to amend our SEPA ordinance to adopt the GRVTAP _. study as part of the SEPA review. Williamson stated we will be looking at the various formulas for mitigating the impacts so King County can use the information we develop. Recycling Biteman stated he would like to discuss the city-wide recycling ! , issue that has been redirected to the Committee. Johnson indicated that the City Attorney would like to be present when this is discussed. Biteman continued he understood the only alteration to the recycling contract was to extend it to five years from 18 months. Johnson indicated the issue was whether Kent wanted to get back into the utility business as we were before. Then we could contract for recycling, fall and spring clean up, and other -- programs that WUTC will not allow haulers to include in their contract. Biteman stated he sees a couple of problems with whether Kent would want to go back into the garbage business. One would be the $300, 000 grandfather clause and what happens with that if we go back into the business. Another would be who might respond to the bid process and the type of service they might offer. Biteman continued he has calculated there is $130, 000 in recyclable material presently going into the landfill without a city-wide recycling program. He would like the issue back on the agenda so we can move ahead on the recycling program. Johnson stated it was his understanding the City has the authority enter into a contract with a hauler for recycling. Williamson responded the Cities in Washington State have tended to treat recyclables different than garbage and that the Legal Department wants to be sure their recommendations are supported by adequate findings of fact and conclusions of law on this matter. Woods suggested the Attorney 's office be prepared to bring a recommendation to the Council when -• this is placed on the agenda thereby not putting staff in a position of not being able to defend a Council decision. Williamson will review with the City Attorney a date on which this can be brought back before the Council and the Committee members will be notified. LID 327 - West Valley Highway Improvements Wickstrom explained we are in the process of right of way acquisition for this project. Inasmuch as we need to be under contract by at least January or February for this project, he is requesting authorization to pursue condemnation procedures for right of way on those parcels where negotiations are unsuccessful. Public Works Committee October 11, 1988 Page 4 Wickstrom emphasized we would continue with negotiations at the same time. Woods moved that this request be approved. Biteman seconded. The Committee unanimously approved the request. 1 o p Kent City Council Meeting Uli ©� Date October 18, 1988 Category F 1. SUBJECT: CONTRACT FO RESIDENTIAL RECYCLING SERVICES 2. SUMMARY STATEMENT: Authorization for the Mayor to sign a -.. contract with Rabanco Companies d/b/a Kent Disposal, for residential recycling services in the City of Kent. A contract has been negotiated for the provision of a residential recycling program to all residential customers in the City up to and including 4-plex units . This contract calls for one collection per month of recyclable materials such as waste paper, tin, aluminum, glass, and plastic. Service will be provided to the customer at no additional charge with a cost differential between cost of service and returns received from sales of recyclables being paid to the contractor by the City. The length of the contract is for five years . 3 . EXHIBITS: Draft of contract document. 1 4. RECOMMENDED BY: Public Works Committee (Committee, Staff , Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: Approximately $60,000 annually. SOURCE OF FUNDS: Environmental mitigation funds (garbage utility tax) . ,. 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: ••- Council Agenda Item No. 3N DRAFT WASTE REDUCTION AND COLLECTION OF SOURCE SEPARATED RECYCLABLE MATERIALS CONTRACT This contract is entered into by and between the City of Kent, a municipal corporation of the State of Washington (hereinafter called the "City" ), and Rabanco dba Kent Disposal , a Washington State corporation (hereinafter called the "Contractor" ). Whereas, it is essential that residential solid waste be reduced and properly recycled in order to avoid adverse environmental and social effects; and Whereas, the Contractor is qualified to provide collection and processing services for the collection of source separated residential recyclable materials, including distribution of the materials to end markets, in accordance with the terms of this contract; and Whereas, the Contractor agrees, for the consideration stated, to collect and distribute recyclable materials to end markets for all residential recycled materials within the City of Kent in accordance with this contract; NOW, THEREFORE, In consideration of mutual covenants herein contained, the City and the Contractor agree to the terms and conditions set forth herein. I. GENERAL AGREEMENTS SECTION 1 . GENERAL DESCRIPTION 1 .1 The work to be performed consists of collection of residential recyclable materials in accordance with this contract and the Contractor's response to the City's requests for proposal , both of which are attached hereto and incorporated herein by this reference. The work excludes all dangerous wastes or hazardous wastes as defined in RCW 70.105 and RCW 70.105A and solid waste intended for disposal in a landfill or solid waste disposal facility defined under Washington Administrative Code Chapter 173-304. 1 .2 It is the intent of this contract that the Contractor shall supply all labor, material , equipment, facilities, financial guarantees, liability insurances and lands as may be necessary to provide the service as described in this contract. SECTION 2. DURATION OF CONTRACT 2.1 The terms of this contract shall be for five (5) years, effective on the last date of execution of this contract, Provided, However, that this contract can be extended by mutual agreement of the City and Contractor if agreed to in writing; and provided, further, that if the Contractor prevails in its current application before the Washington Utilities and Transportation Commission (WUTC ) for a franchise to service the City of Kent, the Contractor shall apply immediately upon execution of this agreement to the Washington Utilities and Transportation Commission for the inclusion of this or a similar residential recycling program within its current temporary or succeeding permanent solid waste collection WUTC franchise for the purpose of inclusion of the costs of this program into the WUTC approved rate base. This agreement shall terminate within 30 calendar days of the effective date of such approval by the Washington Utilities and Transportation Commission. The Contractor shall make its best and most diligent efforts to obtain such approval . 2.2 Upon the effective date of this contract, the Contractor shall mail to all single family residences in Kent, up to and including residences with four or fewer units, a description of the recycling program. The Contractor shall do so within thirty (30) calendar days from the effective date of the contract. No later than thirty (30) days after the effective date of the contract, the Contractor shall begin to deliver recycling containers to each residence that chooses to participate in the program. Implementation of the program shall be fully phased in and implemented and each residence requesting service shall have received service no later than one hundred and twenty (120) calendar days from the effective date of this contract. SECTION 3. NOTICES 3.1 All notices shall be in writing and shall be delivered or mailed to the following respective addresses: 3984L-02L - 2 - CITY: City of Kent 220 Fourth Ave. S. Kent, Washington 98032-5895 c/o City Administrator RECYCLER: Rabanco dba Kent Disposal Attn: Steve Caputo, General Manager, Kent Disposal 22010 76th Ave. South Kent, WA 98032 Other such respective address as either party may from time to time change and designate in writing to the other party. SECTION 4. ENTIRE AGREEMENT 4.1 This contract consists of these 32 pages together with any attachments, appendices which may be attached hereto or incorporated herein by reference. This contract contains all of the covenants, promises, agreements and conditions, either oral or written, between the parties. SECTION 5. EXCLUSIVE RIGHT 5.1 If during the life of this contract additional territory of any amount whatsoever is acquired by the City through annexation or any other procedure, the City reserves the right, upon ten (10) calendar days written notice to the Contractor, to order the Contractor to make collections in such additional area in accordance with all provisions of this agreement. The Contractor shall have thirty (30) calendar days within which to fully implement the program within the new area(s ). 5.2 Nothing in this section shall be construed as prohibiting the program participants, the City, its agents, or other contractors from using collected materials for resource recovery salvage (e.g. pick and sort) and recycling. 5.3 Waste generators within the City maintain the right to continue to accumulate, buy, sell , or give recyclable and reuseable materials with companies other than the Contractor herein. Therefore, a portion of the current recyclable materials waste stream may be diverted from the Contractor. 3984L-02L _ 3 _ II. RECYCLING COLLECTION SECTION 1 . COLLECTION AREA 1 .1 The Contractor will collect all home-separated newsprint, plastics and plastic containers,glass containers, ferrous and non-ferrous cans, and mixed wastepaper from residences with four and fewer units within the City of Kent boundaries. The City reserves the right to expand the collection of other materials determined by the City to constitute recyclables or reuseable material . 1 .2 All work will be performed in a thorough and professional manner in full compliance with this agreement. SECTION 2. PLACE OF COLLECTION 2.1 Collection shall be performed at curbside and/or alley, as determined by the City. Backyard collection shall not be performed except under special circumstances as determined by the City, (i .e. , elderly and disabled participants, assumed to be less than 10% of the residences). 2.2 The Contractor is not awarded an exclusive right to collect recyclables in the City. SECTION 3. TIME AND FREQUENCY OF COLLECTION 3.1 Collection from City residences with four and fewer units (commonly called single-family dwellings, duplexes, triplexes, and fourplexes) shall be made monthly according to the hour and days as specified by Kent City Code or regulation for solid waste collection, as is now in force or as may be hereafter amended. The City Administrator may authorize a change of hours if requested in writing by the Contractor. SECTION 4. SCHEDULING OF COLLECTION 4.1 The Contractor shall divide the contract area into areas or routes in a - manner that spreads collection over the work month. Collection shall be made from residences on a regular schedule on the same day of the month. The Contractor shall show on a chart the day of the week recyclables shall be collected from each area or route. A map of such shall be furnished to the Administrator a minimum of one month prior to the first 3984L-02L - 4 - day of contract collection and shall be updated every six months. The Contractor may change the regular day of collection by giving notice to the Administrator and the affected customers at least fourteen (14) calendar days prior to the effective day of such change. The form of notice to the customer shall be subject to the approval of the Administrator. 4.2 The Contractor, at the Administrator's request, shall supply additional collection maps within ten (10) working days of the Administrator's request. The maps shall clearly delineate collection areas and routes, and day of collection. 4.3 The Contractor shall provide the services under this contract for the Kent municipal government at all designated municipal facilities at times and frequencies established by the City. SECTION 5. HOLIDAY AND MAKE-UP COLLECTIONS 5.1 When the day of regular collection falls on a legal holiday, as defined by State law, the Contractor may reschedule the regular collection to the earliest succeeding workday. Saturday collections will be permitted to collect recyclables collected regularly on a Friday if such collection has been deferred because of the holiday. The Contractor shall notify the Administrator in writing sixty (60) calendar days in advance of each holiday that the Contractor will not make regularly scheduled collections. The Contractor shall notify each affected customer of scheduled changes in writing not more than ten (10) nor less than seven (7) calendar days of the change and publish such changes in a local newspaper of general circulation. 5.2 When snow or ice are on the streets, requiring closure of roadways that provide access to the residences, or other disruption beyond Contractor's control prevents collection on the scheduled day, the Contractor shall make collection on the nearest proximate weekday. If such conditions continue for an entire collection cycle or more the Contractor shall collect all the recyclables amassed for collection up to the maximum volume a customer could properly leave for collection during the interval when collections were missed. When Contractor resumes scheduled service, 3984L-02L - 5 - it shall take bags, boxes, and other secure wrappers and shall empty temporary receptacles that customers have used when the recycling cans and containers have been filled. 5.3 Should the Contractor fail to make collection on a scheduled day for other causes within the Contractor's control , the Contractor shall promptly, within one working day, make a special collection without charge to the City or the customer. The collection shall include excess ' recyclables accumulated during the interval between the scheduled collection day and the special collection. SECTION 6. COLLECTED MATERIAL 6.1 All recyclable material shall be simultaneously collected. SECTION 7. SUPPLYING CONTAINERS 7.1 The Contractor, not later than one week prior to the start of collection for each residence, shall provide each City residence participating in the collection service a 90 gallon container as described in its proposal for the storage and curb set-out of recyclables for collection. Residences electing to participate in the collection service subsequent to the initial thirty (30) day enrollment period provided herein shall be provided a container by the Contractor within fourteen (14) calendar days of participation sign-up. 7.2 The containers provided for recycling collection must be distinguishable from garbage or refuse containers by use of a recycling decal that will be difficult to remove, or other methods, all of which shall be subject to prior approval by the Administrator. 7.3 Containers remain property of the Contractor unless purchased by the resident. 7.4 The Contractor shall make available to participating residents at cost containers to replace those damaged, destroyed, lost by the resident, or stolen. 3984L-02L - 6 - 7.5 Contractors may retrieve their containers from residences that have ceased participating in the collection program because they have failed to place recyclables at the curb for three successive collection periods. SECTION 8. CONTRACTOR'S RESPONSIBILITY 8.1 The Contractor shall be responsible for furnishing all labor, materials, equipment, and supervision to perform the collection, processing, marketing services described in these specifications. SECTION 9. CONDUCT: I .D. , SPILLAGE 9.1 Employees collecting recyclables shall be courteous, exercise due care, and do their work, without delay, unnecessary noise, and without damage to private property; they shall close all gates that they open. Employees shall follow the regular pedestrian walkways and paths while on private property, but may, with the owners' consent (express or apparent) , cross open lawns. Employees shall not cross flower beds or cross through hedges. While collecting, employees shall wear a standard uniform and carry identification supplied by the Contractor that is approved by the Administrator. 9.2 The Contractor shall pick up any material scattered or spilled during collection and clean up the area affected. Each truck shall carry equipment such as broom and a shovel for this purpose. SECTION 10. REPLACEMENT OF CONTAINERS 10.1 The Contractor shall , without expense to the City or the resident, replace containers, taken or damaged by collectors, or damaged due to normal wear and tear, within forty-eight (48) hours after notice. SECTION 11 . DECLINING SERVICE 11 .1 The Contractor may decline to make collection: (a) Of material that is improperly prepared or is contaminated. (b) Of material that is not placed at the curbside or alley. 3984L-02L - 7 - The Contractor shall notify residents utilizing a "correction card" on their collection day of the reasons for any refusal to collect the resident's material . After the third month of Contract collections the Contractor shall also notify the City within one working day of each address where the contractor declined to collect the material . SECTION 12. CUSTOMER GRIEVANCES 12.1 The Contractor will designate a representative to adjust customer grievances. At the Administrator's request, the representative will join the City's representative in meeting with an aggrieved customer within 24 hours of notification to resolve a complaint about damage or spillage; taken or damaged recycling containers; a refusal to serve or a missed pick-up; and/or other deficiency in service or a need for special service. The decision of the City's representative shall be final on nonmonetary matters, such as adequacy of service, correctness in refusing service, and the need for a make-up collection. SECTION 13. VEHICLES USED IN COLLECTION 13.1 All vehicles used in recycling collection and disposal shall be registered with the State of Washington Department of Motor Vehicles, and shall be kept in a clean and sanitary condition and a state of good appearance and repair, and shall be painted in a uniform manner. 13.2 Collection vehicles shall be painted in Contractor's color or colors subject to approval by the Administrator, numbered, and shall have painted in letters in a contrasting color, at least four inches high, on each side of each vehicle and on the rear of the vehicle, the number of the vehicle. No advertising shall be permitted other than the name of the Contractor. Approved program promotion is allowed and a City logo. All vehicles shall be kept in a clean and sanitary condition. 13.3 The number and size of collection equipment shall be of sufficient capacity to service all participating dwellings once a month. 13.4 All such vehicles shall be operated in conformity with Washington State laws and the Kent City Code. 3984L-02L - 8 - SECTION 14. VEHICLE SPECIFICATIONS 14.1 All vehicles used in recycling collection shall be new or reconditioned in good operating order. All collection equipment used under this contract shall meet all applicable city, state and federal safety standards and Contractor shall obtain all required operating permits. SECTION 15. OWNERSHIP OF EQUIPMENT 15.1 The Contractor shall own or lease all vehicles, containers and equipment required by this contract. SECTION 16. NOISE 16.1 The maximum noise level of motor vehicles during travel , or while operating shall not exceed those requirements of Kent City Code as is now or may be hereinafter amended. SECTION 17. GRATUITIES _.. 18.1 Neither the Contractor nor its employees nor any subcontractor, nor any agent, shall request or accept any gratuities from any person, firms or corporations for services required to be performed under this contract. III. OWNERSHIP AND MATERIAL PROCESSING SECTION 1 . OWNERSHIP OF RECYCLABLE MATERIAL 1 .1 Recyclable material set out for collection on the regularly scheduled collection day shall belong to the Contractor from the time of its set out, subject to the right of a customer to claim lost property of value. SECTION 2. PROCESSING CAPABILITIES 2.1 The Contractor is responsible for the processing of recyclables collected and the proper and legal disposal of any nonrecyclable materials that may be collected. 3984L-02L - 9 - IV. TRANSPORTATION AND MARKETING SECTION 1 . ARRANGEMENTS 1 .1 The Contractor is responsible for establishing transportation and marketing arrangements for the source separated materials. Equipment utilized for storage and transport of materials to markets may be owned or leased by the Contractor or the market sources. SECTION 2. DISPOSAL PROHIBITION 2.1 The Contractor shall endeavor to prevent the collection of recyclables that have been contaminated. In the event Contractor collects any contaminated recyclables, it shall be required to dispose of said contaminated materials at no cost to the City. SECTION 3. PUBLICITY 3.1 The Contractor publicity and education efforts shall encourage the maximum level of citizen recycling and waste reduction. The publicity and educational will be designed to maintain continued citizen use of existing recycling facilities and maximize participation in the residential collection program. Publicity activities must emphasize all materials to be collected. SECTION 4. TECHNICAL INFORMATION SHEET 4.1 The Contractor will prepare and print a technical information sheet concisely explaining the operation of the program, material preparation procedures and prudent fire hazard reduction procedures, as approved by the Kent Fire Department, pertaining to use of storage containers. The sheet shall be enclosed with an official City of Kent letter briefly explaining the project background, the project implementation schedule, and the responsibility of the participants. This letter will be prepared, printed and mailed by the Contractor, but approved by the Administrator, and shall be mailed one month prior to collection start up. 3984L-02L - 10 - SECTION 5. CONTAINER DELIVERY 5.1 Contractor delivery of storage and set-out containers shall include concurrent delivery of the official City letter, technical information sheet, and collection schedules. SECTION 6. PARTICIPANT SIGN UP 6.1 A Contractor shall develop a method for signing up participants in the program. A City approved, contractor prepared and printed sign up form shall be completed for each program participant. SECTION 7. CONTRACTOR SPOKESPERSON 7.1 A Contractor spokesperson shall be available for City scheduled interviews with the press and radio and television stations. SECTION 8. CITY APPROVAL 8.1 The content and development of all public education materials and activities is subject to the approval of the Administrator. SECTION 9. MONTHLY PROJECT REPORTS 9.1 The recycling Contractor shall submit monthly project reports for the duration of the Contract period commencing upon effective date of the Contract. These reports shall be due within ten working days before the end of the month. At a minimum, the reports shall include: a. A report of tonnage of all materials collected, by material ; b. A report of tonnages of all materials sold, by material ; C. A report of weight of materials collected and disposed of due to contamination; d. Material market prices; e. Resident participation rates in terms of monthly set-out counts on each collection route with a description of the methods used to determine these rates. f. Description of progress in meeting the implementation schedule including any problems encountered and how they were resolved. 3984L-02L SECTION 10. QUARTERLY PROJECT STATUS REPORTS _. 10.1 The recycling Contractor shall provide quarterly project status reports. These reports will be due within fifteen (15) calendar days of the close of the quarter being reported. The first quarter shall commence on the effective date of this agreement. 10.2 At a minimum, the reports shall include: a. A report of all program revenues, tonnages recovered by material , . participation rates and details of expenditure of City funds; b. Progress in meeting the implementation schedule; C. Detailed data to allow analysis of collection and processing efficiencies; d. Discussion of education and publicity efforts and their results. 10.3 These monthly and quarterly reports shall include any other information requested by the City. SECTION 11 . ANNUAL REPORTS Annual Reports 11 .1 The Contractor shall provide year-end annual reports for each year the project is in operation. These reports will be due within 30 calendar days of the end of the calendar year. 11 .2 At a minimum, the report shall include: a. A cumulative report of the detailed revenue information contained in the quarterly reports, and a cumulative report of participation rates and recovered materials tonnages. b. A discussion of public awareness activities and their impact on participation and recovered volumes. C. A discussion of highlights and problems and measures taken to resolve problems and increase efficiency and household participation. d. A summary that highlights the Contractor's mitigation efforts and programs. 3984L-02L - 12 _ 11 .3 This report shall include any other information requested by the city. V. GENERAL CONTRACT PERFORMANCE SECTION 1 . CONTRACTOR'S RESPONSIBILITY 1 .1 Procurement of all equipment and assumption of all start-up, operating and maintenance costs for collection, processing and if necessary storage and transportation shall be the Contractor's responsibility. 1 .2 The Contractor shall supervise and provide labor to perform all Contractor publicity and education, collection, processing, and marketing tasks. 1 .3 The Contractor shall provide proper safety equipment and appropriate insurance for vehicles and workers. 1 .4 The Contractor shall market all collected materials and report market prices. 1 .5 The Contractor shall perform publicity and education functions as specified herein. 1 .6 The Contractor shall submit all documents and plans for publicity and public information to the City for approval prior to distribution. SECTION 2. CITY RESPONSIBILITY 2.1 The City shall be the authority that provides final approval on all Contractor activities relating to performance of this contract. 2.2 The City shall be the authority that provides approval of publicity and education components as specified herein. 2.3 The City shall develop a review procedure for evaluating publicity documents and plans. 3984L-02L - 13 - 2.4 The City may elect to perform promotion activities that exceed the City responsibilities listed otherwise herein. The City shall cooperate with the Contractor's public education efforts. VI. COMPENSATION SECTION 1 . BILLS OF CITY DEPARTMENTS - HOW PAID 1 .1 The Contractor shall pay all lawful bills rendered against it by any City ' department. If the Contractor fails to pay any such bill within thirty (30) calendar days, the City may pay such bills and deduct the amount thereof from monthly payments due the Contractor. SECTION 2. BASIS OF PAYMENT 2.1 The Contractor shall be paid according to the monthly schedule set forth below. The Contractor shall receive payment within thirty (30) calendar days of receipt and approval of the invoice from the Contractor according to the schedule set forth herein. 2.2 The initial payment shall be due within thirty (30) calendar days of receipt and approval of an invoice from the Contractor for the first thirty (30) days of collection. Participation Compensation 0% - 30% $3.96/per home or min. $5,700 31% - 60% $1 .82/per home or min. $5,3OU 61% - 90% $1 .35/per home or min. $5,200 91% - 99% $1 .20/per home or min. $5,100 100% $1 .09/per home or min. $5,000 SECTION 3. WAGE INCREASES FOR EMPLOYEES 3.1 All wage increases for collectors or any other employees or agents of the Contractor granted during the term of this contract shall be the sole responsibility of the Contractor. Any benefits or added costs resulting from changes in technology, laws and regulations, labor practices, availability of equipment, and other foreseeable business risks that may affect the performance of this Contract shall be to the Contractors advantage or expense respectively, except as noted herein. 3984L-02L - 14 _ SECTION 4. PAYMENT PROCEDURE 4.1 The Contractor shall submit monthly invoices to the City Administrator within ten working days from the end of the month. These invoices shall - itemize the recyclable material tonnage collected and marketed for recycling under the terms of this Contract and the number of residences serviced. 4.2 The City shall , within 30 calendar days of receipt and approval of the invoice, pay to the Contractor an amount equal to such statements, less any sums retained to cover any verified claims filed with the City, due to or arising out of this Contract, and also less any sums that have been deducted as provided in this contract. SECTION 5. INDEMNITY 5.1 The Contractor shall indemnify and save harmless the City, its elected and appointed officials, employees, and agents, (including reimbursing the City for all costs and attorney's fees) from any and all damages, claims, or demands, of any kind, on account of injury to or death of any and all persons (including but not limited to the Contractor, its agents, employees, subcontractors and their successors and assigns as well as the City or the City's employees, elected and appointed officials and agents, and all third parties) , and/or on account of all property damage of any kind, whether tangible or intangible, including loss of use resulting therefrom, in connection with the work performed under this Contract, or caused or occasioned in whole or in part by reason of the presence of the Contractor or its subcontractors, or their property, employees or agents, upon or in proximity to the property of the City, except only for those losses resulting solely from the negligence of the City. 5.2 This indemnification agreement includes the promise that the Contractor shall indemnify and save harmless. the City, its elected and appointed officials, employees and agents (including reimbursing the City for all costs and attorney 's fees) from any and all damages, claims, or demands of any kind on account of a violation of city, county, state or federal laws relating to environmental health except only for a loss resulting solely from the negligence of the City. 3984L-02L - 15 - SECTION 6. DAMAGE TO PROPERTY 6.1 If any City property of any kind is damaged by reason of the Contractor's operations under this Contract, the Contractor shall repair or replace same after being notified in writing of the damages or, failing to do so promptly, the City may cause repairs or replacements to be made and the cost of doing so shall be deducted from the Contractor's payment from the City. 6.2 The City shall not be liable to the Contractor for any loss or damage, other than any loss or damage occurring directly and solely as a result of the sole negligence of the City, its elected officials, officers, employees or agents. 6.3 The Contractor shall not be liable to the City or any other person for the damage done to privately owned garbage cans other than loss or damage occurring directly as a result of deliberate actions of the Contractor, its employees or agents. SECTION 7. COLLECTION OF RECYCLABLES 7.1 Care shall be taken in the loading and transportation of recyclables so that any leaking, spilling or blowing is prevented. The Contractor shall immediately clean up any spills upon notice from the City to do so. 7.2 The Contractor shall transport at its cost all recyclables collected to any such site as may be designated by the Contractor. The Contractor shall furnish written evidence that it has approval and necessary permits and/or licenses to utilize any site chosen for the duration of this contract. It further agrees that it will operate under applicable laws, rules and regulations that may be a requirement of transporting the materials, collecting the materials and/or using said facilities. SECTION 8. FINAL PAYMENT 8.1 Thirty (30) calendar days after the expiration of this Contract, all monies due the Contractor held by the City in excess of the total of (a) sufficient sum retained to cover any claims and related costs and attorney's fees filed with the City related to or arising out of this 3984L-02L - 16 - contract; (b) a sufficient sum to meet and discharge the claims of material , equipment and supply men, laborers , and costs of actions due to or arising out of this contract; and (c) a sufficient sum to pay any bills due the City from the Contractor, shall be paid to the Contractor. SECTION 9. PAYMENT RENEGOTIATIONS 9.1 During the term of the contract, should the City implement programs such as recycling credits, disposal bans or other major waste reduction incentives which can reasonably be related to an increase in the tonnage actually collected above the Contractor' s projections, the Contractor and the City shall renegotiate payments to the Contractor to enable the City to capture potential net program benefits. SECTION 10. TAXES, PERMITS AND FEES 10.1 The Contractor shall obtain at its own expense all permits and licenses required by the City or any other governmental authority and maintain the same in full force and effect during the term of this agreement. The Contractor shall pay promptly and before delinquency any and all taxes, fees and charges of every type required by law and, upon request by the City, furnish evidence of such timely payment. SECTION 11 . CONTRACT INTERPRETATION AND DISPUTES 11 .1 To prevent disputes or eventual litigation, all questions arising as to the proper performance and the amount of work to be paid for under this Contract shall be subject to the decision of the City. Any unresolved disputes shall be resolved by King County Superior Court under the laws of the State of Washington and the City of Kent. Unless otherwise provided herein , .Attorney's fees and costs shall be paid to the party that has substantially prevailed on the disputed issues presented to the court, as determined by the court, by the nonprevailing party. VII. SPECIFIC CONTRACTOR'S OBLIGATIONS SECTION 1 . CONTRACTOR EXAMINATION 1 .1 The Contractor shall make its own examination, investigation, and research regarding the proper method of doing the work, all conditions 3984L-02L - 17 - affecting the work to be done, the labor, equipment, and material needed thereon, the quantity of work to be performed and all applicable ordinances and state laws. The Contractor agrees that it has satisfied itself by its own investigation and research regarding all of such conditions, and that the Contractor's conclusion to enter into the proposed contract is based upon such investigation and research, and that the Contractor shall make no claim against the City because of the estimates, statements, or interpretations made by an officer or agent of ' the City which may prove to be, in any respect, erroneous. 1 .2 The Contractor assumes the risk of all conditions foreseen or unforeseen, and agrees to continue the work without additional compensation under whatever circumstances that may develop other than as herein provided. SECTION 2. PERFORMING ALL AGREED UPON WORK 2.1 The Contractor shall furnish all skill , labor, equipment, and materials required for the complete performance of the contract, and shall fully perform the work in accordance with the specifications included herein. Failure to fully perform these specifications shall be considered a default of this Contract. SECTION 3. INSURANCE 3.1 Prior to the execution of this contract, the Contractor shall , at its own expense, obtain and file with the City of Kent a Certificate of Insurance for a primary policy of general comprehensive liability insurance (including all of the coverages set forth below) . This Certificate of Insurance shall be subject to approval by the City as to company, terms and coverages. 3.2 Such liability insurance must specifically name the City of Kent as an additional insured thereunder and must fully protect the City from any and all claims and risks and losses in connection with any activity performed by the Contractor by virtue of this Contract. 3984L-02L - 18 - 3.3 Such liability insurance must be maintained in full force and effect at the Contractor's sole expense throughout the entire term of this contract. The City shall be given thirty (30) days prior written notice of any cancellation, reduction or modification of such insurance. Should such cancellation, reduction or modification occur, the contractor shall obtain such other insurance to meet the requirements herein, at its own expense. 3.4 Said insurance policy and/or an endorsement thereto as evidenced by the Certificate of Insurance, must provide the following minimum coverages and limits and contain the following provisions: COVERAGES: - Extended Bodily Injury - Employees as Additional Insured - Premises/Operations Liability WC) - Owners and Contractors Protective Liability - Products and Completed Operations Liability (through guarantee period) - Blanket Contractual Liability Broad Form Property Damage Liability (including completed operations) Personal Injury, including coverages A, B, C, with no employee exclusion - Stop Gap or Employers contingent Liability Automobile Liability, including coverage for owned, nonowned, leased or hired vehicles Explosion, Collapse, Under.ground damage (referred to as "X.C.U. ) MINIMUM LIMITS: All coverages: $2,000,000 per occurrence, no deductible; $2,000,000 annual aggregate, no deductible. Providing of coverage in these stated amounts shall not be construed to relieve the Contractor from liability in excess of such limits. 3984L-02L - 19 - 3.5 REQUIRED ENDORSEMENTS: These endorsements shall be included in all applicable policies and on the Certificate of Insurance: The insurance company or companies designated on the front of this Certificate certify that the policy or policies described include the following minimum coverages and limits: STANDARD COVERAGES: Extended Bodily Injury Employees as Additional Insured Premises/Operations Liability (M&C) Owners and Contractors Protective Liability Products and Completed Operations Liability (through guarantee period) Blanket Contractual Liability Broad Form Property Damage Liability (including completed operations) Personal Injury, including coverages A, B, C, with no employee exclusion Stop Gap or Employers Contingent Liability Automobile Liability, including coverage for owned, nonowned, leased or hired vehicles; STANDARD LIMITS: $2,000,000 per occurrence, no deductible; $2,000,000 annual aggregate, no deductible. ENDORSEMENTS FOR ADDITIONAL INSURED The City of Kent is an additional insured for all coverages provided by this policy of insurance and shall be fully and completely protected from all claims and risks by this policy and for any and every injury, death, damage and/or loss of any sort whatsoever, including consequential damages, sustained by any person, organization or corporation in connection with any activity performed by the Contractor by virtue of the provisions of that Contract between the City of Kent and Rabanco dba Kent Disposal entitled Waste Reduction and Collection of Source Separated Recyclable Materials, dated June _, 1988. 3984L-02L - 20 - The coverages provided by this policy to the City shall not be terminated, reduced or otherwise modified in any respect without providing at least thirty (30) calendar days prior written notice to the - City of Kent. The coverages provided by this policy are primary to any insurance maintained by the City. If an "ACORD" form of Certificate of Insurance is provided to the City pursuant to this section, it must be modified in the following manner: Wording At Top of Acord Form - .This Certificate is issued as matter of information only and confers no rights upon the Certificate holder" - Shall Be Deleted In Its Entirety. Wording At Bottom of Acord Form - "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail _ days written notice to the below named Certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. - Shall Be Changed To Read - Should any of the above described policies be cancelled or reduced as to coverage before the expiration date thereof, the issuing company will mail thirty (30) calendar days written notice to the below named Certificate holder and Additional Insured, The City of Kent. 3.6 The above corrections to the "ACORD" Form will be waived only if a copy of a signed blanket additional insured endorsement from the insurance company is submitted and provides for Notice to the City of Kent in the event coverage is changed, reduced, altered or cancelled. 3.7 Failure of the Contractor to fully comply with any and all of the terms of the foregoing insurance provisions shall be considered a material breach of this Contract and cause for its immediate termination at the option of the City. 3984L-02L - 21 - SECTION 4. PERFORMANCE BOND 4.1 The Contractor shall provide and maintain at all times a valid Contractor's Performance and Payment Bond in an amount equal to 25% of the estimated annual City payment to the Contractor. The bond shall be issued for a period of not less than one year and the Contractor shall provide a new bond, or evidence satisfactory to the City of its bond renewability, no less than 180 calendar days prior to the expiration of the bond then in effect. 4.2 The bond shall be for the use and benefit of the City, with a surety company authorized to do business in the State of Washington and acceptable to the City. Said bond shall be conditioned that such Contractor shall faithfully perform all of the provisions of this contract and pay all laborers, mechanics, subcontractors, materialmen and all persons who shall supply such Contractor or subcontractors with provision and supplies for the performance of this Contract, and shall be further conditioned that any person(s) performing such work or services, or furnishing material to any subcontractor shall have the services, or material was furnished to the Contractor, said bond shall contain appropriate recitations that it is issued pursuant to this Section of this Contract, that it shall be construed to meet all requirements specified herein and that any condition or limitation in such bond which is in conflict with the conditions and requirements of this Section is void. Such bond shall be submitted to, and subject to approval of the Administrator prior to its effective date. 4.3 Failure of the Contractor to furnish and maintain said Performance and Payment Bond shall be considered a material breach of this Contract and grounds of its immediate termination at the option of the City. SECTION 5. ASSIGNMENT OF MONIES BY THE CONTRACTOR 5.1 The Contractor shall not assign or pledge any of the moneys due under this Contract without securing the written approval of the surety on the performance bond and providing at least thirty (30) calendar days' prior notice to the Administrator of such assignment or pledge together with a copy of the surety's approval thereof. Such assignment or pledge, 3984L-02L - 22 - however, shall not release the Contractor or its sureties from any obligations or liabilities arising under or because of this contract. SECTION 6. PAYMENT FOR LABOR AND MATERIALS 6.1 The Contractor shall pay as they become due all just claims for labor performed on or about said work, and all skill or labor and materials and equipment purchased for or furnished in the execution of the contract. If any person furnishing supplies, equipment or materials or performing labor on this contract who is not paid when their claim becomes due files a claim for such amount, the City shall immediately notify the Contractor thereof and, subject to the limitations set forth below, shall withhold the amount of such claim plus an amount for reasonable attorney's fees and costs from one or more payments that subsequently become due the Contractor under this Contract; provided, however, that the City shall cease to withhold, and shall pay the withheld amount to the Contractor, unless the claimant fails to perfect such claim or lien as may be _ ". required by law. SECTION 7. INDUSTRIAL INSURANCE AND MEDICAL AID 7.1 The Contractor shall pay to the Department of Labor and Industries of the State of Washington, in cash, the amounts required to be paid to the State of Washington, in connection with the Workmen's Compensation Act, or any other payments due the State of Washington in the form of taxes or fees as required by law on account of this Contract before payment is made the Contractor by the City on any monthly statement of amount due, and final payment shall not be made until the Contractor shall have complied with the provisions of this Section. SECTION 8. CONTRACTOR'S OFFICE 8.1 The Contractor shall be required to maintain an office within the City limits provided with telephones and such attendants as may be necessary to take care of complaints, orders for special service, or instructions from the Administrator. This office shall be in operation between the hours of 8:00 a.m. and 5:00 p.m. , Monday through Friday, or as otherwise approved by the Administrator. 3984L-02L - 23 - SECTION 9. WORKERS 9.1 All workers employed or agents or independent contractors shall be competent and skilled in the performance of the work to which they may be assigned. Failure or delay in the performance of this Contract due to the Contractor's inability to obtain workers of the number and skill required shall constitute a default of the contract. 9.2 If any person employed on the work by the Contractor is, in the opinion of the Administrator, incompetent, disorderly, or otherwise unsatisfactory, the Administrator shall document such unsatisfactory action in writing and transmit same to the Contractor with a demand that such unsatisfactory action be corrected. If the unsatisfactory action is not corrected within 24 hours, or if the action is repeated, the person shall upon demand of the Administrator be removed from performing additional work under this contract. SECTION 10. EMPLOYEES 10.1 The Contractor shall require all of its employees, agents or independent contractors to be courteous at all times, not to be use loud or profane language, and to do their work as quietly as possible. All employees, agents or independent contractors of the Contractor, while collecting material , shall be required to wear a uniform and carry an identification badge supplied by the Contractor and approved by the City. 10.2 Employees, agents or independent contractors, in collecting source separated material , shall follow the regular walks for pedestrian while on private property. They shall also replace all containers used for the storage of source separated material , and close all gates opened by them for those residences designated as special collection beyond curbside. 10.3 Employees, agents or independent contractors shall not trespass, litter, cross property to adjoining premises, or meddle with property which is not specifically the subject of this contract. 3984L-02L - 24 - SECTION 11 . NO ASSIGNI4ENT OR SUBLETTING OF CONTRACT 11 .1 The Contractor shall not assign or sub-contract any of the work or delegate any of its duties under the contract without the prior written approval of the Administrator. 11 .2 The term "assignment" includes the following changes in the Contractor' s organization: (a) The cumulative transfer of 50% or more of its voting stock _• outstanding when this contract is signed, if the Contractor is a corporation with unlisted securities. (b) Any transfer or effective control over the Board of Directors or of corporate affairs, if the Contractor is a corporation, the stock of which is either (i ) listed on a national securities exchange or (ii ) actively traded "over the counter" and is the subject of published quotations supplied by the National Association of Securities Dealers (NASDAQ); (c) The transfer of an aggregate of 50% or more of the ownership interest, if the Contractor is a partnership. (d) If the Contractor is a limited partnership or joint venture, a withdrawal of the general partner, a transfer of the general partnership interest, or, if incorporated, a corporate reorganization of the general partner or transfer of its voting stock meeting the criteria of sub-sections (a) or (b) . 11 .3 The term "transfer" includes a sale, merger, or change in ownership by operation of law, the issuance of new shares, or conversion of shares without voting rights to voting shares. "Voting stock" means the shares entitled to vote for election of the directors of the corporation. 11 .4 When requested, approval by the Administrator of a subcontract or assignment shall not be unreasonably withheld. In the event of an assignment, sub-contracting or delegation of duties, the Contractor shall 3984L-02L - 25 - remain responsible for the full and faithful performance of this Contract and the assignee, sub-contractor, other obligor shall also become responsible to the City for the satisfactory performance of the work assumed. The Administrator may condition its approval upon the delivery to the City an agreement to fully and faithfully complete the work or responsibility undertaken. SECTION 12. LOCAL IMPROVEMENTS 12.1 The City reserves the right to construct any improvement or to permit any such construction in any street or alley in such manner as the City authorities may direct, which may have the effect for a time of preventing the Contractor from traveling its accustomed route or routes for collection. The Contractor shall , however, by whatever method it elects, continue to collect the source separated material to the same extent as though no interference existed upon the streets or alleys formerly traversed. This shall be done without extra cost to the City. SECTION 13. SAFETY REGULATIONS 13.1 The Contractor shall comply with all provisions of the "Occupational Safety and Health Act" and the "Washington Industrial Safety Act" applicable to the work under this Contract now or as hereinafter amended. SECTION 14. PERMITS AND LICENSES 14.1 The Contractor shall acquire all the necessary operating permits and licenses, including those that may be required by the Washington Utilities and Transportation Commission, and assume the costs thereof. SECTION 15. AUDIT 15.1 The Contractor shall maintain in its office in the City full and complete accounting records, prepared in accordance with generally accepted accounting principles, reflecting Contractor' s work on this Contract. Tile City may require an audit of the Contractors' books and records at any reasonable time for verification of collected recyclable tonnage and residences served, for compliance with the provisions contained in this agreement to verify reporting requirements herein, and for purposes of determining the adjustments contained herein. 3984L-02L - 26 - 15.2 Audit information will be kept confidential , except as disclosure may be required by public disclosure laws. SECTION 16. PERSONNEL PRACTICES 16.1 During the performance of this contract, the Contractor agrees that the Contractor will not discriminate against any employee or applicant for employment because of race, religion, creed, color, sex, marital status, - national origin, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification. 16.2 Failure to comply with any of the terms of these provisions shall be a material breach of this contract. SECTION 17. DEDUCTION FROM PAYMENTS BECAUSE OF CONTRACTOR'S FAILURE TO MAKE COLLECTIONS 17.1 In the event the Contractor, for any reason, fails to perform the collections called for in the Contract for any period, with the result that any portion of the scheduled collection is not completed within a given calendar week, the Contractor shall not be paid for the work not performed. Whenever such failure occurs, the City shall deduct, for such non-performance, a reasonable amount from the Contractor's next monthly payment(s) , which amount shall be based on, among other factors, the number of residences from which collections have not been made, the duration of such failure of collection, the additive and deductive adjustments that would have been applied to such prices had the collections been made, and special costs, including administrative expenses, incurred by the City as a consequence of such failure. SECTION 18. CITY BUSINESS LICENSE 18.1 The Contractor and subcontractors shall secure a City Business License. YIII. ENFORCEMENT SECTION 1 . DEFAULT OF CONTRACT 1 .1 Should the City determine that the Contractor unnecessarily delayed the performance of the terms and conditions of this Contract, or in any •� 3984L-02L - 27 - manner refuse or fail to comply with the instructions of the City relative thereto, the City shall notify the Contractor in writing of such abandonment, delay, refusal , failure, or neglect, and direct the Contractor to comply with all provisions of the contract. 1 .2 Should the Contractor fail to justify why it has abandoned, delayed, refused, failed, or neglected to comply with the terms of the Contract, to the satisfaction of the City, the City may declare a default of the Contract and notify the Contractor and the surety on the performance bond of such declaration of default, or the City may take such other action as may be deemed advisable by the City. 1 .3 Upon receipt by the Contractor of such declaration of default, the Contractor shall discontinue the work, whereupon the City may transfer such work to the surety on the performance bond who then shall assume the work that the City has ordered discontinued. 1 .4 Upon such declaration of default, all payments due the Contractor shall be retained by the City and applied to the completion of the Contract and to any damages suffered and expenses incurred by the City by reason of such default. If the Contractor is declared in default and the surety on the performance bond assumes the Contract at the discretion of the City, in which event all payments remaining due the Contractor at the time of default, less amounts due the City from the Contractor and less all sums due the City for damages suffered and expenses incurred by reason of such default, shall be due and payable to such surety. Thereafter, such surety shall receive monthly payments equal to those that would have been paid the Contractor had such Contractor continued to perform the Contract. 1 .5 If such surety fails to assume the performance of the Contract so transferred, or the City does not request the surety to assume such performance, the City may complete the Contract or any part thereof, and the City shall have the right to take possession of and use any or all of the vehicles, material , equipment, facilities, and property of every kind provided by the Contractor for the performance of this Contract, and to procure other vehicles, material , equipment, facilities and property of 3984L-02L - 28 - •_ every kind provided by the Contractor for the performance of this Contract, and to procure other vehicles, equipment and facilities necessary for the completion of the same, and to charge the cost of same to the Contractor and its surety together with the cost incident thereto. In such event, however, the Contractor shall be entitled to receive reasonable compensation for its material and property so taken. - 1 .6 In the event that the City completes the Contract at a lesser cost that , would have been payable to the Contractor under such contract, if the same had been fulfilled by said Contractor, then the City shall retain such difference. Should such cost to the City be greater, the Contractor and its surety shall be liable for any pay the amount of such excess to the City. 1 .7 Should the Contractor fail at any time to perform all or any part of the Contract for whatever cause or reason, the City may take possession of all of the Contractor's equipment, vehicles, and facilities, and employ such force as it may deem advisable to continue the work; and the cost of labor, materials, and equipment necessary for such work shall be paid by the City out of monies then due or to become due the contractor under and by virtue of the Contract for the work herein specified. SECTION 2. LIQUIDATED DAMAGES 2.1 Since a breach of the service provided by this Contract would cause serious and substantial damage to the City and its citizens, and the nature of this Contract would render it impracticable or extremely difficult to fix the actual damage sustained by the City by such breach, it is agreed that in case of breach of service, the City may elect to collect liquidated damages for each such breach, and the Contractor will pay to the City, as liquidated damages and not as a penalty, the amounts set forth below, such sums being agreed to as the amount which the City will be damaged by the breach of such service. An election to seek such remedies shall not be construed as a waiver of any legal remedies that the City may have as to any subsequent breach of service under this contract. ,� 3984L-02L - 29 - 2.2 Violation of any section of this Contract shall be subject to a fine of $50 per occurrence unless otherwise indicated. A truck beginning residential $75 per occurrence collection prior to 7:00 a.m. Contractor's employee found without $100 per occurrence proper uniform, identification and/or safety equipment. Failure of Contractor to maintain, $100 per occurrence wash and clean collection vehicles. Same customer missed three (3) times $100 in a six month period through no fault of the customer. The repetition of complaints on $150 a route after notification to replace cans or containers in designated locations, spilling, not closing gate, crossing planted .areas, or similar violations. Failure to comply with Holiday $150 Schedule. Failure of Contractor to collect $200 after 24 hours a missed pickup within 24 hours $400 after 48 hours of notification provided the miss $200/24 hours for each was reported within 48 hours of the additional 24 hours. miss. 2.3 Such liquidated damages as the City shall elect to collect will be deducted from the monthly payments due the Contractor. SECTION 3. FORCE MAJEURE 3.1 Contractor shall not be in default under this Contract where its failure to perform is due to force majeure events. For the purposes of this Contract, force majeure events do not include strikes, but do include without limitation, acts of God, civil disorders, earthquake, fire and other events beyond Contractor's control . 3984L-02L - 30 - .,. IX. EMPLOYMENT AND SUBCONTRACTING AND CONFLICT OF INTEREST 1 .1 The Contractor warrants that it has not employed or retained any company, or person, other than a bona fide employee working solely for the Contractor, to solicit or secure the contract, and that it has not paid or agreed to pay any company or person, any fee, commission, or percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability. Contractor warrants that it has no apparent or real conflict of interest with any other firm, entity, jurisdiction or person in conducting services under this contract. In the event such conflict is discovered following execution of this contract, Contractor agrees to immediately report such conflict to the City. Should the City alone determine that such conflict presents or poses circumstances that will adversely affect or compromise the work to be performed under this contract, the City shall be entitled to terminate this agreement immediately without cause and to demand and receive full payment from Contractor of all monies received to date by the Contractor. The Contractor shall pay to the City all the City's attorney's fees and costs necessary to enforce these provisions. Contractor agrees to provide the City all reasonable requests for documents and records, including all notes and information whether written or stored in an electronic memory or medium. The City shall be entitled to request and receive any and all documents and records establishing a relationship between the Contractor and third party determined or believe to represent a conflict of interest by the City. At the option of the City, should the City determine that a substantial conflict of interest exists adversely affecting the work to be performed under this agreement, the Contractor shall terminate its relationship with its existing or prospective client to remove such conflict under terms and conditions approved by the City of Kent. „_ 3984L-02L - 31 - Entered into on the dates set forth below. CITY OF KENT RABANCO dba KENT DISPOSAL By: By: Date: By: Date: 3984L-02L - 32 - KENT DISPOSAL COMPANY PROPOSAL FOR CITY-WIDE, SINGLE FAMILY CURBSIDE RECYCLING A) DESCRIPTION OF CURBSIDE RECYCLING PROGRAM: Kent Disposal Company will provide to each single family recycling program participant a 90 gallon plastic wheeled container with lid commonly called a "Mobile Toter".. Participants will be asked to place all their recyclable materials into the toter and wheel that toter out to the curb once a month on the designated collection day. Kent Disposal trucks will then dump the toters and transport the collected recyclables to the Rabanco Recycling Center at 2733 - 3rd Avenue S . , in Seattle. The materials will then be sorted, packaged, and eventually shipped to buyers . Prior to delivery of the toters, a mailing will be made to participating customers . The mailing will explainrials tothe -. operation of the program and the types of recycled. A telephone number will be provided to those customers who may have additional questions . B) RECYCLING EXPERIENCE: Kent Disposal is a wholly-owned subsidiary of Rabanco Companies . Rabanco is the recognized leader in recycling in. King County with over 15 years experience. At present, Rabanco processes over 50, 000 tons of recyclables a year. The new Rabanco Recycling Center at 2733 - 3rd Avenue S. , in Seattle is a 60, 000 square feet State-of-the-Art facility ( 1 . 4 acres under roof) . Past recycling experience of Rabanco Companies includes the following: 1) City of Seattle pilot residential recycling project using semi-automated toters 1986-1987 . 2) City of Seattle "Sort" pilot curbside residential recycling collection project 1978-1979 . 3 ) City of Kent pilot residential recycling project using semi-automated toters 1987-1988 . 4) City of Clyde Hill residential newspaper recycling collection project 1986-1987 . 5 ) Collection of newsprint and _ glass from various "drop-off., site" locations through-out. King County, on-going for the last ten years . In addition, the City of Seattle has recently awarded Rabanco Companies two recycling contracts : 1) City of Seattle, southend residential curbside recycling project utilizing semi-automated toters . Contract will start February 11 1988 , and potentially involve 80, 000 residential customers . 2) City of Seattle Environmental Allowance Program utilizing semi-automated toters and dumpster containers. Approximately 2, 500 tons per year of mixed waste paper will be collected at curbside from apartment complexes and small businesses in the City of Seattle. The project will start approximately March 1 , 1988 . C) IMPLEMENTATION SCHEDULE: The timetable for implementing curbside recycling city-wide will depend on whether the City chooses mandatory or voluntary participation. If voluntary participation is selected, then mailings will be involved to residents asking them to respond as to willingness to participate. A time lag will be involved as responses come in, deliveries of toters are scheduled and routes are developed. If mandatory participation is selected, however, one informational mailing can be made and toters can then be delivered immediately thereafter. 1) Voluntary Participation Timetable: belivery of toters to commence within 30 days of Council approval of contract and will be completed within three months of delivery start date . 2) Mandatory Participation Timetable: Delivery of toters to commence within two weeks of Council approval of contract and will be completed within three months of delivery start date. 3 ) Timetable for Start of Recyclable Collection: Actual collection of recyclable materials from the toters will commence approximately 30 days from delivery of toters . For example, if the initial delivery of toters was made the first week of April 1988 , the first day of collection from those residents would start within the first week of May 1988 . Some leeway may have to be granted to complete routing for full neighborhoods but in most cases the delay would be minimal. D) COST TO CITY OF KENT 1) Mandatory Participation a. Cost per home - $1 . 09/month 000 . b. Minimum cost to City per month - $5 , 2) Voluntary Participation with participation rate between 91% and 99% a. Cost per home - $1 .20/month b. Minimum cost to City per month - $5 , 100 . 3 ) Voluntary Participation with participation rate between 61% and 90% a. Cost per home - $1 . 35/month b. Minimum cost to City per month - $5, 200. 4 ) Voluntary Participation with participation rate rate between 31% and 60% a. Cost per home - 1 . 82/month b. Minimum cost to City per month - $5 , 300 . 5) Voluntary Participation with participation rate between 0% and 30% a. Cost per home - $3 . 96/month b. Minimum cost to City per month - $5 ,700 . 6 ) Because the Washington Utilities and Transportation Commission has not yet ruled on the impact of re- cycling on garbage rates, Kent Disposal will continue billing residential garbage customers the full tariff rate for garbage service. We propose that $1 . 00 per month credit to partici- pating customers would be given by the City through its utility billing system. E) LENGTH OF CONTRACT Five year agreement effective with execution of the contractual agreement. F) COST INCREASES IN FUTURE YEARS Minimum monthly costs and costs per home would be adjusted annually starting in the 13th month of the five year contract by 80% of the percentage increase in the Consumer Price Index for the Seattle area. G) UNANTICIPATED CHANGES IN LAWS OR TAXES During the term of the contract, if any laws and/or taxes are imposed on Kent Disposal that would adversely affect contract costs, Kent Disposal would then be able to pass those increased costs on to the City. 38-25 (} h Kent City Council Meeting Date October 18. 1988 Category Other Business 1. SUBJECT: ZONING CODE AMENDMENT NO. ZCA-88-9, SIGNS IN DOWNTOWN - COMMERCIAL DISTRICT 2 . SUMMARY STATEMENT: On September 26, 1988, the Planning Commission recommended approval of a zoning code amendment to allow owners of multi-tenant buildings in the downtown commercial zone to have the option of a free-standing or building identification sign. 3 . EXHIBITS: Memo, 4. RECOMMENDED BY: Planning Commission September 26 1988 (Committee, Staff, Examiner, Commission, etc. ) ' 5 . EXPENDITURE REQUIRED:1. None SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: ». Councilmember moves, Councilmember seconds to approve ZCA-88-9 as recommended by the Planninw Commission and to direct the City Attorney to prepare the amending ordinance. DISCUSSION' ACTION' CQiUL e Council Agenda ° Item No. 4A KENT PLANNING DEPARTMENT -. October 13 , 1988 MEMO TO: Mayor Dan Kelleher and City Council Members ,.. FROM: James P. Harris, Planning Director SUBJECT: IDENTIFICATION SIGNS IN THE DC - DOWNTOWN COMMERCIAL ZONE On September 26, 1988 the Planning Commission recommended to the City Council that the Kent Zoning Code be amended to allow multi-tenant buildings in the DC, Downtown Commercial Zoning District the option of a freestanding or building identification sign. Currently the code does not provide an option of a freestanding identification sign for multi-tenant buildings. They are restricted to a building identification sign only. Single tenant buildings are permitted each type of sign. This proposed amendment will allow equal treatment for each type of building in the DC zone. Following is the Planning Commission' s recommendation for the DC sign amendments. The changes proposed by the Planning Commission are highlighted: Signs Permitted in Downtown Commercial District (DC) 1. Aggregate sign area. The aggregate sign area for any lot shall not exceed one and one-half (1 1/2) square feet for each foot of street frontage. The aggregate sign area for corner lots shall not exceed one (1) foot for each foot of street frontage. The permitted signs enumerated below shall be subject to the total aggregate sign area. a. Identification Signs: Multi-tenant buildings. Each multi-tenant building may have one (1) identification wall sign for the building's identification for each street frontage. Said sign shall not exceed a total of five (5) percent of the facade to which it is attached. Said sign shall not name or advertise the individual tenants of the sign area shall apply. < nnz building. Aggregate...................5. ;uildngtll have fire c�pt �sn of t2� sign descrzd aloe nr usldns mad ha�xe erne freestartd�nc sign can each street. t��ie�ht Thy max€ .muxrc sign area permi.ttsd f�sr the freestanding daces; nQ �sne face skrall e����sd �i�t�r {��} >square Feet,; Mu3.ti= �savebta,se . Yndf�°�i�ual tenants t�� :the I�uxld�nr� b. Identification signs: Occupancies. Each occupant of a multi-tenant building shall be permitted two (2) wall signs. Said signs shall not exceed ten (10) percent of the facade of the individual business unit. Aggregate sign area shall not apply. Ne "Pestandingsign shall be Permitted . JPH:ca Kent Planning Commission Minutes September 26, 1988 SIGNS PERMITTED IN DOWNTOWN COMMERCIAL DISTRICT, IDENTIFICATION SIGNS (KCC 15. 06. 050 C) Ms. McClung presented the proposal stating that this would give multi-tenant buildings in the Downtown Commercial zone an option of having either a freestanding sign or a building identification sign. The size of the signs would be the same as is allowed currently for single-tenant buildings in the Downtown Commercial zone, a freestanding sign with a limit of 100 square feet for all sides or a total of 50 square feet per side, restricted to 30 feet in height. The proposed freestanding sign for multi-tenant buildings would be restricted to 15 feet and individual tenants could not be listed on the sign. This sign is primarily to identify the building. Each tenant is allowed to have their identification sign on the building. The current regulations allow building identification signs only. Staff suggests the following amendments: Cl. Aggregate sign area. The aggregate sign area for any lot shall not exceed one and one-half (1-1/2) square feet for each foot of street frontage. The aggregate sign area for corner lots shall not exceed one (1) square foot for each foot of street frontage. The permitted signs enumerated below shall be subject to the total aggregate sign area. a. Aggregate sign area Multi-tenant buildings. Each multi-tenant building may have one (1) identification wall sign for the building' s identification for each street frontage Said sign shall not exceed a total if five (5) percent of the facade to which it is attached. Said sign shall not name or advertise the individual tenants of the building. Aggregate sign area shall apply. A multi-tenant building will have the option of the sign described above or the following identification sign. Freestanding Identification sign: Multi-tenant building. Each building may have one (1) freestanding sign on each street frontage Said sign may not exceed fifteen (15) ' feet in height The maximum sign area permitted for the - freestanding sign is one hundred (100) square feet for the total of all faces • no one face shall exceed fifty (50) square feet Multi-tenant freestanding signs shall not name or advertise the individual tenants of the building. Under b. Identification signs: Occupancies. The last sentence "No freestanding sign shall be permitted" should be omitted. 3 Kent Planning Commission Minutes September 26, 1988 Discussion followed regarding the size and location of signs. Commissioner Martinez MOVED and Commissioner Ward SECONDED the motion to close the public hearing. Motion carried. Commissioner Martinez MOVED that the commission accept the changes as proposed by the Planning Department for the zoning code amendment to allow owners of multi-tenant buildings in the Downtown Commercial zone to have the option of a freestanding or building identification sign. Commissioner Ward SECONDED the motion. Commissioner Stoner amended the motion to include the word "square" in paragraph 1 . Aggregate sign area, line five, "exceed one (1) square foot for each foot of street. . . " Commissioner Ward SECONDED the amendment. Discussion followed. Motion carried. CENTRAL BUSINESS DISTRICT PLAN AMENDMENTS (Continued) Mr. Satterstrom presented the Central Business District Plan Land Use Goals and Policies which compared the existing plan with the suggestions of the Mayor' s Task Force and the Chamber Committee. He presented a map showing the proposed land uses within the CBD, which included the pedestrian-oriented commercial area, the core area, the auto-oriented commercial area, the office area, the manufacturing area and the public area. He explained that alleyways are used for deliveries or access to properties. If property owners were to consolidate properties on a block and a unified development plan were to be offered to the city, alleyways could be eliminated. Ms. Proud presented a map showing current uses on specific sites. Bill Kramer, Plant Manager of Borden Chemical, 421 First Avenue North, stated that he has become aware that the Borden plant needs to be more visually compatible with the neighborhood. Borden will present a plan which details their efforts, but the plan depends on their ability to continue to do business in the area. Any plans for enhancement would require approval by his superiors. Employees at Borden are aware of the need for visual improvements but wonder if those with less resources would be able to provide the necessary ' improvements. Mr. Kramer mentioned that some sites that need improvement are residential and commercial sites . Chuck Howard, President of Howard Manufacturing Company, 421 6th Avenue North, entered into the record a letter from Northwest Metals dated September 19 , 1988 , and a map showing the three manufacturing properties of Howard Manufacturing, Northwest Metals and Borden Chemical . 4 .eM ela � Kent City Council Meeting Date October 18, 1988 Category Other Business . BJECT: AUTHORIZATION FOR STATE AGREEMENTS 2 . SUMMARY STATEMENT: Even though project funding is generally authorized in the development of the CIP and the Mayor is recognized as the responsible local official to sign State agreements for projects qualifying for State funding, it is now necessary to have official Council authorization for the Mayor to sign FAUS funding agreements for each individual project. This action will bring the project accounting into compliance with State requirements for the following projects: West Valley Highway and S. 212th Street, West Valley Highway and S . 190th Street, West Valley Highway and S. 180th Street, East Valley Highway and S. 208th Street, and WSDOT traffic data gathering funds (oil rebate) . ,,. 3 . EXHIBITS• 4 . RECOMMENDED BY: Staff c (Committee, Staff, Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: SOURCE OF FUNDS: 6. CITY COUNCIL ACTION: V Councilmember 042ro moves, Councilmember seconds that the Mayor t� authorized to sign the FADS funding agreements and that the budgets for the projects be established as approved . � n DISCUSSION: 'y" 1 lr ACTION: ( V V Council Agenda Item No. 4B . V / Kent City Council Meeting Date October 18. 1988 Category Other Business Kill SUBJECT: LEASE AGREEMENT FOR OFFICE BUILDING PROJECT 2 . SUMMARY STATEMENT: As directed by Council, purchase and sale agreements and lease agreements have been negotiated with Sound Ventures, Inc. regarding the sale of City-owned property and the leasing of office space in a new private office building to be developed on that property. These agreements, if approved by'C)kA- Council, are ready to be signed permitting the project to move forward. ,. 3 . EXHIBITS: Outlines of details of agreements . 4. RECOMMENDED BY: Operations Committee October 14 (this agenda item was prepared prior to the Committee meeting. If the Committee ecommen rdation differs , this will be reported at the Council meeting. ) (Committee, Staff, Examiner , Commission, etc. ) 5. EXPENDITURE REQUIRED: SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves , Councilmember seconds that the Mayor be authorized to sign a purchase and sale agreement and lease agreement with Sound Ventures, Inc. for a private office building project to be developed adjacent to City Hall on property currently owned by the City of Kent. DISCUSSION: ACTION: ✓� Council Agenda Item No. 4C P/0 °j- r z 6E- ; LEASE AGREEMENT City leases 20, 000 sq. ft. in new office building _ Lease term 10 years with two 5 year options Months 1-60 lease rate $12.00 per square foot Full service--- 4 . 00 per square foot TOTAL $16.00 Months 61-120 lease rate $14 .40 per square foot Full service 4 . 00 per square foot TOTAL $18.40 Tenant Improvements to City's satisfaction _... Handicapped Access Parking provided on site including overnight Parking for City cars and light trucks Access 24 hr./day 7 days/week 4 cc � , -L4 L Signs limited by sign standards I City may have directional and identification signs City may have kiosk in common lobby Hold harmless agreement ! kC fl, �-t- City has option to purchase at 10, -144 and 20 years Value established at that time by appraisal PURCHASE AND SALE AGREEMENT Property to be sold to Sound Ventures, Inc. Price to be established by appraisal Fair Market Value as established by three appraisers Sale is contingent on: City review and approval of plans Compatability with City Hall and area Parking - Minimum of 2 spaces/1,000 sq. ft. Development in substantial conformance with response to RFQ Bond Counsel opinion that City's debt capacity not affected City enters into lease for office space ` Developer's Contingencies Feasibility study Financing obtained Clear title to property Land for parking from St. Anthony's (may be waived if satisfactory alternative approved by both parties) Issuance of necessary permits Physical condition of property (soils, etc. ) /� •� Kent City Council Meeting Date October 18, 1988 YY Category Bid Opening 1. SUBJECT: NEIGHBORHOOD PEDESTRIAN IMPROVEMENTS 2. SUMMARY STATEMENT: Bid opening is scheduled for October 13 . The Director of Public Works will review the bids received and make a recommendation as to award. � fa 3 . EXHIBITS• 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5 . EXPENDITURE REQUIRED: SOURCE OF FUNDS: 6 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to approve the Vecommendation of the Public Works Director as follows : DISCUSSION: ACTION: Council Agenda Item No. 5A R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE_ � l C. PUBLIC WORKS COMMITTEE / ti • D. PLANNING COMMITTEE [A)0 )C2 - Lw �' E. PUBLIC SAFETY COMMITTEE ,� ✓A ✓V� ,�C�C A - D � ro F. PARKS COMMITTEE rA G. ADMINISTRATIVE REPORTS -,t (, 170C-SC � /r � �. - fz =- PUBLIC WORKS COMMITTEE SEPTEMBER 27, 1988 PRESENT: Jon Johnson Ed White Judy Woods Jerry McCaughan Berne Biteman Bill Williamson Gary Gill Jim Hansen Comments by Jim Lambkee Regarding 4th Avenue Johnson asked if we had determined the ownership of the property. McCaughan pointed out a 30-foot dedicated street which was closed off by a limited access line of the States. Biteman stated that cars are gaining access and houses in the area are experiencing break-in problems. Hansen asked what the status was of the development proposal for the area east of this. Gill stated that was the Mari-Park proposal and is pending. Woods asked if the State would be receptive to putting up a barricade across their limited access line. Williamson stated this would be between DOT and the property owner. We can raise the issue with the State but the City has no control over the outcome. Gill stated we would contact DOT and the property owner. Biteman moved that staff contact DOT and the owner. The Committee concurred. Woods asked this be communicated to the Lambkee ' s. (It was noted the Lambkee 's were notified of the meeting but were unable to attend. ) Gill stated there was also a speed issue raised. A speed study was done in February of this year for the area showing 45 MPH as the 85th percentile speed being traveled in the area. It is posted at 40 MPH. At the time 4th was extended through to 212th it was recommended the speed be changed on the remaining portion of 4th to 35. The ordinance needs to be drafted for adoption. Johnson suggested the speed limit be 30 MPH on 4th from the freeway to " James and 35 MPH on 4th from the freeway to 228th. Biteman concurred. The Committee recommended the Attorney's office prepare the ordinance for adoption. With reference to the street lighting, Gill stated there are a few lights in the area between James and 228th mounted on existing power poles. Johnson asked if street lighting was something that could be , requested of development. Gill stated it could be addressed as 'part of the needs for new development in the area. It would not be a major cost when mounted on existing power poles. Johnson asked that Gill look into that and report back to the Committee. Moss Construction Water Availability Bill Williamson reviewed what has taken place on this subject since the last meeting. There have been staff meetings reviewing the legal options for the City and looking at it from the standpoint of trying to develop criteria or exemptions from requirements. Inasmuch as neither Steve Elkins or Nancy Mann were at this meeting it might be best to continue this to the next meeting. In general, Williamson continued, staff has concluded that the City should expedite a comprehensive plan study of the area and the Planning Department should be asked to prioritize the study. Hansen stated he has spoken with Jim Harris and Fred Satterstrom who are putting together a time line as to when this study could occur. He stated he would like to have Mr. Elkins and Ms. Mann here to explain why the City can not create special exceptions. Referring to Ms. Mann's request for the Attorney' s office to review her earnest money agreement, that has not been done since she has been on vacation. The Elkins matter is a different situation whereby he has existing service from the City for a residential use and he signed a covenant whereby the City has no obligation to provide service or certificate of availability based upon an inconsistent use. Williamson stated he does not know if Mr. Elkins has met with the County to determine if he can develop the property using the existing well. It was determined this matter would be brought before the Committee at their next meeting. Other Biteman stated he has had calls asking what Seattle Water Department is doing with their property on 243rd. Gill stated he thought it was still in their comp plan for a potential site. Biteman asked Gill to inquire into it. PUBLIC WORKS COMMITTEE October 11, 1988 PRESENT: Jon Johnson Bill Williamson Berne Biteman Gary Gill Judy Woods Ed White Don Wickstrom Dan Stroh Jim Hansen Stephen Elkins William Kramer Moss Construction/Steve Elkins Water Availability Requests Williamson explained that Mr. Elkins was not present at the last Public Works Committee meeting thus this item was brought back before the Committee at a time when Mr. Elkins could attend. The attorney' s office reviewed whether the City could allow or if criteria could be created under Chapter 4 . 22 . 010 which is Kent' s sphere of interest requirements for consistency with Kent's land use plan for services outside Kent city boundaries. They looked at creating unique criteria which would allow those requirements to be waived; at the grandfathering question to the extent the code would be applied prospectively. After this, it is the recommendation of the Attorney' s office that none of these options ., be pursued and the Planning Department be requested to prioritize a Comprehensive Plan Amendment examination for the area. It is felt this would be the most objective opportunity for the City to address the entire area rather just these two parcels. It is estimated the Planning Department would need about 2-3 months to complete this. Dan Stroh added the study is in the Planning Department's work plan. However, the size of the study area has _.. not been identified as yet. Some of the things they will be looking at are whether there have been significant changes in use or other characteristics that would support the need for a comprehensive plan change. To do that change would be the next phase. Williamson stated that Mr. Elkins has indicated there are King County land use studies available justifying the County zoning. He has been encouraged to make that information available -- to the Planning Department. Hansen added that while no guarantees could be given as to the outcome of the study, Mr. Elkins could be assured the existing uses will be recognized and evaluated. Mr . Elkins stated he bought the property based on the King County zoning and planned his development not knowing he should check with the City regarding utilities. That, in fact, the property owners of the area were unaware Kent had - determined a different designation. While he has a well he could develop to serve the property it would require additional expense. He urged expediency in the study as he is affected economically by the delays. Hansen .•, clarified that Kent 's land use plan for the area was developed in the early 70 's and the comprehensive plan process does not require property owners to be notified. However, property owner Public Works Committee October 11, 1988 Page 2 notification efforts have been improved of late. Gill stated that Nancy Mann was unable to attend this meeting; however, she urged that the Committee to move ahead with the study. Biteman moved that whatever steps necessary be taken to settle this matter as soon as possible. In discussion, Dan Stroh noted that Planning will be initiating the study right away and would anticipate completion of the study by the end of the year. If a change in the comp plan were to be implemented that procedure would begin then in January approximately. Woods seconded Biteman's motion. The Committee unanimously approved. Public Interest Vacation - West Temperance Street Williamson asked this be withdrawn from the agenda as he is not prepared to make a recommendation at this time. Mr. Kramer was in attendance for this item and presented photographs of the area which he gave to the Attorney for his use in preparing a determination on this item. Request for Master Meter - Riverview RV Park Wickstrom indicated this RV park is developing south of the Green River north of 167 in the vicinity of 262nd. Separate meters are required by ordinance for individual services. The developer has requested to be allowed to serve the site with a master meter. Council authorization is required to allow a master meter. Williamson added it might require an ordinance. (NOTE: After further review it has been determined that an ordinance will not be required. ) The Committee unanimously approved allowing a master meter for the development. Discussion of Traffic Mitigation for King County Plats Affecting Kent Transportation System Wickstrom explained that to date when a development is taking place in the County outside Kent 's utility franchise area yet affecting Kent 's transportation system, the only avenue available to address these impacts has been to appeal the SEPA determinations. In some cases, we have been able to reach a settlement with the developer. The County has recently recognized that their prior determination of not being able to address the impact on Kent's roads without an interlocal agreement is not lawful and that SEPA has to address all impacts and can not be restricted by County ordinance. Now the County will be requesting our input prior to the SEPA determination. Johnson stated he has met with Greg Nichols and Gary Grant on this issue. He pointed out that impacts even to County intersections are not being addressed and he expressed he Public Works Committee October 11, 1988 Page 3 would like the County to develop tougher standards to require the developer to mitigate not only where the City is concerned but in the County as well . Wickstrom stated we would likely be coming before Council to amend our SEPA ordinance to adopt the GRVTAP study as part of the SEPA review. Williamson stated we will be looking at the various formulas for mitigating the impacts so King County can use the information we develop. Recycling Biteman stated he would like to discuss the city-wide recycling _.. issue that has been redirected to the Committee. Johnson indicated that the City Attorney would like to be present when this is discussed. Biteman continued he understood the only alteration to the recycling contract was to extend it to five years from 18 months. Johnson indicated the issue was whether Kent wanted to get back into the utility business as we were before. Then we could contract for recycling, fall and spring clean up, and other programs that WUTC will not allow haulers to include in their contract. Biteman stated he sees a couple of problems with whether Kent would want to go back into the garbage business. One would be the $300, 000 grandfather clause and what happens with that if we go back into the business. Another would be who might respond to the bid process and the type of service they might offer. Biteman continued he has calculated there is $130, 000 in recyclable material presently going into the landfill without a city-wide recycling program. He would like the issue back on the agenda so we can move ahead on the recycling program. Johnson stated it was his understanding the City has the authority enter into a contract with a hauler for recycling. Williamson responded the Cities in Washington State have tended to treat recyclables different than P garbage and that the Legal Department wants to be sure their recommendations are supported by adequate findings of fact and conclusions of law on this matter. Woods suggested the Attorney's office be prepared to bring a recommendation to the Council when this is placed on the agenda thereby not putting staff in a position of not being able to defend a Council decision. Williamson will review with the City Attorney a date on which this can be brought back before the Council and the Committee members will be notified. LID 327 - West Valley Highway Improvements Wickstrom explained we are in the process of right of way acquisition for this project. Inasmuch as we need to be under contract by at least January or February for this project, he is requesting authorization to pursue condemnation procedures for right of way on those parcels where negotiations are unsuccessful. Public Works Committee October 11, 1988 Page 4 Wickstrom emphasized we would continue with negotiations at the same time. Woods moved that this request be approved. Biteman seconded. The Committee unanimously approved the request.