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City Council Meeting - Council - Agenda - 05/01/1990
Cmty of Kent . Council Meetmin Cit g v Agenda 1 ,w r � �1 �e Mayor Dan Kelleher Council Members Judy Woods, President Leona Orr Steve Dowell Christi Houser Jon Johnson Paul Mann Jim White May 1 , 1990 Office of the City Clerk CITY COUNCIL MEETING May 1, 1990 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 COMMUNICATIONS r A. Employee of the Month B. Proclamation - Physical Fitness and Sports Month ✓C. Proclamation - Public Service Recognition Week ✓D- Proclamation - Correctional Officer Week E. Proclamation - Sexual Assault Awareness Week 2 . PUBLIC HEARINGS None 3 . CONSENT CALENDAR vA. Approval of Minutes ✓" B. Approval of Bills 2-9Z,z— ✓C. Anderson Street Vacation Ordinanc ✓D. Sculptures at Fire Stations ✓E. Golf Course Greenskeeper Position F. Leady Short Plat G Cornucopia Days - Ordinances Z,9 - Mayoral Appointmen s 4 . OTHER BUSINESS A. Garrison Creek II Preliminary Plat ✓B. H&S Machine Works, Inc. - Resolution .✓C. Baer Family Partnership - Resolution ✓ D. East Hill Park Acquisition -�E. Lake Fenwick Park Acquisition ✓ F. Kent-Kherson Sister City Park G• N i Kf, Mono( P 5. BIDS/(/, G olf- COIX(SC, Rs.�us� � n.&� ✓A. Golf Course Tractor With Loader/Backhoe 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. A. fEmployee of the Month B. Proclamation - Physical Fitness and Sports Month C. Proclamation - Public Service Recognition Week D. Proclamation - Correctional Officer Week E. Proclamation - Sexual Assault Awareness Week �.�`A CONSENT CALENDAR 3 . City Council Action: 'n� Councilmember "V V1 moves, Councilmember seconds that Consent Calendar Items A through H be approved. Discussion Action 3A. Approval of Minutes. Approval of the minutes of the Council meeting of April 17 , 1990. 3B. Approval of Bills. Approval of payment of the bills received through May 3 , 1990 after auditing by the Operations Committee at its meeting at 4 : 30 p.m. on May 8, 1990. Approval of checks issued for vouchers: Date Check Numbers Amount Approval of checks issued for payroll: Date Check Numbers Amount 4/20/90 134278 - 134974 $791, 252 .79 Council Agenda Item No. 3 A-B Kent, Washington April 17, 1990 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Dowell, Houser, Johnson, Mann, Orr, White and Woods, City Administrator Chow, City Attorney Driscoll, Planning Director Harris, Public Works Director Wickstrom, Police Chief Frederiksen, Finance Director McCarthy, Personnel Director Olson, Information Services Director Spang, Assistant City Administrator Hansen and City Clerk Jensen. Fire Chief Angelo and Parks Director Wilson were attending conferences. Approximately 150 people were at the meeting. COMMUNICATIONS Mayor Kelleher introduced State Representative Ernie Crane and welcomed him to the meeting. 272/277 Corridor. Charles Kiefer of the East Hill Environmental Citizens ' Alliance asked to speak on this matter. Sandra Driscoll, City Attorney, noted that she had advised the Council that they should not attend meetings regarding the corridor and that the matter had not been placed on Council Committee agendas . She explained that matters relating to the corridor could go to the Council on appeal, in which case the Council would be acting in a quasi-judicial capacity. Discussion tonight could present a potential for violation of appearance of fairness doctrine and potentially jeopardize the project on procedural grounds. Kiefer asked to present a petition and Driscoll advised against accepting it for the record. Wickstrom advised that the project is in the Environmental review stage and the time for the petition would be after the draft EIS is out, when comments are invited at the public hearing held by the Hearing Examiner. WOODS MOVED to follow the advice of the City Attorney. Mann seconded and the motion carried. The man in the audience with the petition stated that it contained 700 signatures. Mayor Kelleher suggested that he leave the petition with the City Clerk pending the issuance of the draft EIS . He agreed and gave the petition to the Clerk. PRESENTATIONS Drinking Driver Countermeasure Poster Awards. Mayor Kelleher noted that the Kent Drinking Driver Task Force is recognized nationally as a leader in highway safety prevention and education programs. He introduced Gene Peterson of the Washington Traffic Safety Commission, who commended the winners 1 April 17, 1990 PRESENTATIONS of the 1990 "Keep a Friend Alive" contest. Richard Manoli of the Washington Liquor Control Board presented the Governor's Award to Kent Restaurateur Mike Jasper, who has developed a server training program. Mayor Kelleher then announced that over 1500 entries were received in the Design Contest, and introduced the following winners: Primary: 1. Matthew Albanese 2 . Malia Whitney 3 . Nicole Knaus Intermediate: 1. Dev Sen Gupta 2 . Courtney McFadden 3 . Erin Willis Junior High: 1. Shannon Wilson 2 . Darcy Dance 3 . Jean Sim Senior High: 1. Noel Gusa 2 . Christa Smith 3 . Julie Kirkwood Councilmember Houser, Chairman of the Task Force, thanked the Boeing Company for their support and presented an award to Boeing' s Public Relations Representative Susan Bradley. Houser noted that because of Boeing' s support, the student artwork is printed on bookcovers, coloring sheets and posters which are distributed to over 20, 000 students in the Kent, Federal Way and Highline School Districts. Lynda Anderson, Coordinator of the Drinking Driver Task Force, presented the Mayor and Council with a plaque of thanks for their support. 2 April 17, 1990 PRESENTATIONS D.A.R.E. Program. Police Chief Frederiksen announced that Bowen and Mike Scarff have made a van available for use by the D.A.R.E. program. He presented the Chief' s Award for Outstanding Community Service to Mike Scarff. Scarff noted that drug abuse is a local problem which causes child abuse, crime and broken families. He commended the Kent Police Department for their efforts. D.A.R.E. Program Officer Bob Bradley recognized Police Union President Mike Painter, who announced that Local 1088 had raised $2500 toward the D.A.R.E. Program through fund raising and donations. (PRESENTATIONS - ITEM 1C) Award to Law Department. Police Chief Frederiksen introduced City Attorney Driscoll, Assistant City Attorney Williamson and Kelli Brown of the Law Department, and announced that through their efforts the Police Department was able to retain the real property proceeds from drug-related transactions as authorized by State Law. He noted that these proceeds were used to repay the City for investigative costs and the remainder will be used for drug education. He thanked the entire legal staff and presented them with an award. Volunteer Week. The Mayor noted that the City has volunteers working in numerous departments and offices, staffing the City' s Information Center and the Drinking Driver Task Force, as well as serving as members of various boards, commissions and committees. He stated that voluntarism produces enriched and more effective services. He then proclaimed the week of April 22 - 28, 1990 as Volunteer Week in the City of Kent. Earth Day. Mayor Kelleher read a proclamation declaring April 11, 1990, as Earth Day in the City of Kent. He noted that Kent is promoting continued environmental awareness in 1990 through citizen involvement programs such as tree planting, litter control and hazardous materials emergency plans. 3 April 17, 1990 PRESENTATIONS Living Legacy Week. A proclamation was read by the Mayor declaring the week of April 22 - 27, 1990 as Living Legacy Week in the City. He noted that the Independent Order of Odd Fellows and the Rebekahs of Kent are participating in a tree planting program to promote their Living Legacy Program, and presented the proclamation to Rae Reitan. Group Home Committee. Janet Shull of the Planning Department noted that the result of the Committee' s study is a set of zoning code amendments. She stated that the amendments have been reviewed by the Mayor and have gone to the Planning Commission. Shull introduced Rebecca Solomon, Chair of the Group Homes Committee, who noted that the committee deals with the difficult issue of placing special needs people in the community. Solomon noted that in due course the zoning code amendments will be presented to the Council for official acceptance. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the Council meeting of April 3 , 1990 . CONSENT WOODS MOVED that Consent Calendar Items A through I CALENDAR be approved, with the exception of Item E which was removed by Councilmember Mann. Houser seconded and the motion carried. HEALTH AND (CONSENT CALENDAR - ITEM 3F) SANITATION Seven Oaks East Phase II. ACCEPTANCE of the bill of sale and warranty agreement for continuous operation and maintenance of approximately 1,934 feet of water main extension and 1, 805 feet of sanitary sewer extension constructed in the vicinity of S .E. 260th and 120th Ave. S .E. for Seven Oaks East Phase II, and release of cash bond after expiration of the one year maintenance period. WATER (OTHER BUSINESS - ITEM 4G) Kent Springs Transmission Main. Charles Kiefer of the East Hill Environmental Citizens' Alliance distributed two letters, both dated April 17th, requesting information regarding the posting of the Declaration of Non-Significance. He has asked for documentation showing that. the site was properly 4 April 17, 1990 WATER posted. He claims that it was not and the City should, therefore, withdraw the Declaration of Non- Significance. Kiefer noted that he had sent a certified letter to the Mayor today, and asked that his questions be answered. Mann asked that Wickstrom prepare answers and to include tonight' s questions. Wickstrom noted that the research takes time and that the posting was more than two years ago. He pointed out that the project requirements include 100% restoration of the wetlands. Harris stated that the Planning Department did the posting and that it was always done. Bob McKenzie stated that he lived at the headwaters and that the site was never posted. Woods suggested that photographs be taken of the notices at the time of all posting. It was determined that the matter of posting should be discussed at the committee level. Johnson noted that the City recognizes the need to preserve land for agriculture and for open space, as well as for wetlands. It was determined that Wickstrom was working on documenting information for Kiefer and that he would give progress reports. STREETS (CONSENT CALENDAR - ITEM 3I) LID 328 - West Valley Highway Improvements. ADOPTION of Ordinance 2917 amending Ordinance 2913 confirming the final assessment roll for LID 328 , correcting an error in amount of the assessments. STREET VACATION (CONSENT CALENDAR - ITEM 3H) Street Vacation. ADOPTION of Resolution 1241 setting a public hearing for May 15 for vacation of 78th P1 . S . as requested by the South 202nd Associates. PRELIMINARY (CONSENT CALENDAR - ITEM 3C) SUBDIVISION Garrison Creek II Preliminary Subdivision SU-90-1. AUTHORIZATION to set May I for a public meeting to consider the Hearing Examiner' s recommendation of conditional approval of a request by Baima & Holmberg, Inc. for an eight lot single family preliminary subdivision. The property is approximately 4 . 6 acres in size and is located on the south side of S. 218th Street and abuts proposed 95th P1 . S . 5 April 17, 1990 COMMUNITY (CONSENT CALENDAR - ITEM 3D) DEVELOPMENT 1991 Community Development Block Grant (CDBG) BLOCK GRANT Funding. APPROVAL of the following action: FUNDING 1. Elect to receive pass-through funds. 2 . Allocate 16% of funds for public (human) services. 3 . Allocate . 5% of funds for Planning and Administration. The City Council must consider these three actions in order to receive 1991 CDBG funds. The 1991 estimated funds for the City of Kent are $185, 237 . 00. TRAFFIC CONTROL (CONSENT CALENDAR - ITEM 3E) (REMOVED BY COUNCILMEMBER MANN) Parking of Trucks on City Streets. APPROVAL of Ordinance 2916 making it an infraction to park commercial vans, trucks, trailers or semi-trailers exceeding 8 , 000 pounds on City streets for a period exceeding two hours except for loading or unloading the vehicle. The City Attorney explained for Mann that she had revised the ordinance by adding an additional phrase to Section 2A - "or where parking or storage is otherwise prohibited" . MANN MOVED that Ordinance 2916 be adopted with the addition. Houser seconded and the motion carried. CODES (OTHER BUSINESS - ITEM 4D) 1988 Edition of the Uniform Building Code, Uniform Code for the Abatement of Dangerous Buildings, Uniform Housing Code, Uniform Mechanical Code Uniform Plumbing Code, and Barrier Free Facilities Regulations. These codes which regulate the construction, use, and maintenance of buildings are updated every three years. The State has adopted the 1988 editions, and this action will similarly update the City Code. No amendments are proposed in this ordinance. Some previously enacted amendments are eliminated as the code text in the 1988 edition provides adequate provisions or the provisions are being proposed in another ordinance. 6 April 17, 1990 CODES Ordinance 2921 has been prepared to adopt the 1988 Edition of the Uniform Building Code, Uniform Code for the Abatement of Dangerous Buildings, Uniform Housing Code, Uniform Mechanical Code, Uniform Plumbing Code and Barrier Free Facilities Regulations. MANN MOVED for the adoption of Ordinance 2921. Woods seconded and the motion carried. PARKS Arts Commission. The City Clerk read a letter to Mayor Kelleher from JoAnn Brady, Chair of the Kent Arts Commission, expressing concern that Councilmember White might think that the Commission skirted around the procedure regarding the Kherson mural. She asked that the Commission's role be clarified, as the present policy affords the Arts Commission the authority to make program revisions within the framework of the established budget. White stated that he supported the Kherson mural funding but the matter could have been resolved quickly if the Commission had simply asked for $10, 000 for the Kherson mural instead of having the Council approve funds twice for the Carnation mural . Upon Dowell ' s question Mayor Kelleher clarified that the Commission has the authority to be flexible within the program as long as it did not require additional funds. Dowell asked if a department could divert funds from one project to another without Council approval and Mayor Kelleher said not unless it was within the same category and that the Council could allow flexibility in some areas and not in others. The Mayor clarified that all seemed to be in agreement now and that if the Arts Commission wants to revise program issues they can but if additional funding is needed, it should come to Council. Upon Dowell ' s question, Brady stated that to her best recollection the Pierce mural and the Kherson mural were two separate items. Woods suggested that further concerns be addressed in the budget process. Brady' s letter was filed for the records . Later in the meeting Dowell referred to the April 3 Council minutes and requested that the Parks Department review the minutes of the Parks Committee and the Arts Commission meetings regarding the 7 April 17, 1990 PARKS funding for the "replacement" of the Carnation mural . He asked that an answer be prepared for him for clarification and creditability. The Mayor phrased the question: Did the Arts Commission act to divert funds from the Carnation mural to the Kherson mural as an independent act or was it a conditional act on the condition only if the Council would approve the replacement of the Carnation mural? He asked that the Parks Department report back to the Parks Committee and in writing to all Councilmembers. FIRE DEPT. (CONSENT CALENDAR - ITEM 3G) Contract with the State of Washington - State Fire_ Academy. AUTHORIZATION to enter into a contract amendment with the State of Washington Department of Community Development to provide a drill master to the State Fire Academy for the period of April 23 , 1990 through June 30, 1991. The State Fire Academy has not been able to make a permanent appointment of an academy drill master. Therefore, we are proposing to send Battalion Chief Darrell Orndorff to perform these duties. We would replace him for that period of time and all costs would be offset by existing budget. Battalion Chief Orndorff ' s costs would be offset by the funds from the contract. (OTHER BUSINESS - ITEM 4B) Sprinkler ordinance. In May of 1989, the Public Safety Committee approved the formation of a committee to review and make recommendations for a fire protection ordinance that would be comparable with King County' s Fire Protection Standards. The committee was comprised of members representing the developers, contractors, the business community and elected officials and has been endorsed by the Chamber of Commerce. Assistant Fire Chief Berg noted that this ordinance will strengthen the sprinkler ordinance. MANN MOVED to adopt Ordinance 2919 , establishing additional fire protection requirements for construction. Woods seconded and the motion carried. 8 April 17 , 1990 FIRE DEPT. (OTHER BUSINESS - ITEM 4C) 19a8 Fire Code with Amendments. The Uniform Fire Code is updated every three years by the publication of a new edition in order to compliment the other codes without conflict. The State has adopted the 1988 editions of the fire code and other uniform codes, and this action will similarly update the City Code. Amendments are included to some code provisions, especially those pertaining to fire lanes to provide greater safety by protecting accesses for emergency vehicles. Some housekeeping amendments providing greater clarity and ease in using the code are also included. MANN MOVED to approve Ordinance 2920, adopting the Uniform Fire Code 1988 edition with certain amendments. Woods seconded and the motion carried. (BIDS - ITEM 5A) Air Compressor. L. N. Curtis & Sons is the only company to submit a bid and their bid meets all specifications proposed by the Fire Department. Chief Angelo recommends acceptance of the bid. MANN MOVED to award bid for high pressure air compressor in the amount of $31, 904.63 to L. N. Curtis & Sons. Woods seconded and the motion carried. (BIDS - ITEM 5B) Mobile Command Post Bid. The Public Safety Bond Issue provided funding for a mobile command post to be used jointly by the Police and Fire Departments. Because of the unique nature of the vehicle, it was necessary to limit the bid process to only those dealers which sell the Bounder (Resolution 1224) . One bid was received. The bid includes a base bid of $55, 237 plus optional items of $6,897 . The total is $62 , 134 FOB Kent. Assistant Fire Chief Berg noted that the total price includes tax. MANN MOVED to award the bid for a 40 ft. Bounder plus options to Valley I-5 in the amount of $62 , 134 . Woods seconded and the motion carried. POLICE DEPT. (OTHER BUSINESS - ITEM 4A) Proof of Insurance. The 1989 Legislature adopted a law requiring that all vehicles have documents 9 April 17 , 1990 POLICE DEPT. evidencing automobile insurance. The State neglected to incorporate this requirement in the Model Traffic Ordinance, which has been adopted by the City. Therefore, it is necessary for the City of Kent to adopt its own law. Since this legislative mandate was effective April 1, 1990, it is necessary to immediately adopt this ordinance in order to enforce it under Kent laws. MANN MOVED to adopt Ordinance 2918 , requiring the possession of proof of insurance in vehicles, declaring an emergency to public peace, health and safety and making this ordinance effective immediately. Woods seconded and the motion carried unanimously. PERSONNEL (OTHER BUSINESS - ITEM 4E) (REMOVED BY COUNCILMEMBER MANN) Water ouality Engineer. It was noted that authorization is requested for a budget adjustment on the Water Quality Engineer Technician III position in Engineering to an Engineer I level. After Department review it was determined that the level of responsibility for this position was classified in error during the 1990 budget process. Upon questions from the Council it was determined that this item had been to the Operations Committee and the IPC and both had recommended approval. It was further noted that this item had not been to the Public Works Committee. Dowell, White and Woods had questions regarding the proper procedure and Woods recommended that proper procedures be determined and the committees advised. WHITE THEN MOVED to change the Water Quality Engineer Technician III position to an Engineer I. Woods seconded and the motion carried. (OTHER BUSINESS - ITEM 4F) Fire Chief/s Salary. The Mayor announced that an item regarding the Fire Chief 's salary level has been removed from the agenda. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through April 19, 1990 after auditing of the Operations Committee at its meeting at 4 : 30 p.m. on April 24 , 1990. 10 April 17, 1990 FINANCE Approval of checks issued for vouchers: Date Check Numbers Amount 4/2 - 4/12 90392 - 90419 $ 223, 063 . 30 4/16/90 90427 - 90885 $1 098 ,557 .99 $1, 321, 621. 29 Approval of checks issued for payroll: Date Check Numbers Amount 4/5/90 133583 - 134277 $ 782,288 . 62 REPORTS (REPORTS - ITEM 6F) Parks Committee. Dowell noted that the Parks Committee will meet at 1: 30 p.m. on Tuesday, April 24th, in the Council Chambers. ADJOURNMENT The meeting adjourned at 8 : 45�ppm. a' i'z Marie Jensen, CMC J City Clerk 11 Kent City Council Meeting e'�v Date May 1. 1990 Category Consent Calendar 1. SUBJECT: ANDERSON STREET VACATION 2 . SUMMARY STATEMENT: Adopt Ordinance No.,)- / vacating a portion of West Valley Highway north of South 238th Street and south of South 234th Street. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Council (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO__1�1_ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3C ORDINANCE NO. _ AN ORDINANCE of the City of Kent, Washington, relating to the vacation of streets, vacating a portion of the east side of West Valley Highway north of South 238th Street and south of South 234th Street, a street within the city limits of the City of Kent. WHEREAS, proper application was filed with the City of Kent for the vacation of a portion of certain property of the Citi of Kent; and WHEREAS, Kent City Council, by Resolution 1228 fixed a time when said petition would be heard and said hearing was held, on proper notice, on March 20, 1990, at the hour of 7 p.m. in the City Council Chambers of the City Hall of the City of Kent, Washington; and WHEREAS, the Kent Planning Director processed said petition and secured technical facts pertinent to the question of said vacation, which includes a sketch of the proposed vacation, and, also, approval or rejection thereof by the Public Works Department of the City of Kent; and WHEREAS, the Public Works Department and Planning Director recommended approving the vacation subject to certain conditions of retaining easement rights for utility purposes over, upon and under the property described in this vacation, including the right to grant similar utility rights to other public or private utility companies which have existing facilities therein, and compensation to the City of one-half the appraised value of the area proposed for vacation; and WHEREAS, it appears the granting of said petition would not be a menace or inconvenience to the traveling public or to an other person using the streets or alleys of the City of Kent, Washington; and I i I III i i WHEREAS, the City Council by resolution directed the preparation of an ordinance vacating the portion of said street upon compliance with all conditions; and WHEREAS, the applicant has met all conditions required for approval of said vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That portion of the east side of the West Valley Highway north of South 238th Street and south of South 234th Street, and more fully described in Exhibit A, attached hereto and incorporated herein by this reference, is hereby vacated, reserving, however, easement rights for utility purposes over, upon and under the property described in this vacation, including the right to grant similar utility rights to other public or private utility companies which have existing facilities therein. Section 2. No vested right shall be affected by the provisions of this ordinance. Section 3. Effective Date. This ordinance shall take effect and be in force thirty '30, days from the time of its finall passage as provided by law. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: SANDRA DRISCOLL, CITY ATTORNEY 2 - Kent City Council Meeting Date May 1, 1990 Category Consent Calendar 1. SUBJECT: SCULPTURE AT WEST HILL AND NORTH INDUSTRIAL FIRE STATIONS 2 . SUM4ARY STATEMENT: Approve selection of bronze sculpture by Larry Anderson for West Hill and North Industrial Fire Stations. Mr. Anderson's work was selected by the jury from work submitted by four finalists in the competition. 3 . EXHIBITS: None 4 . RECQ)WEDED BY: Art Selection Jury; Kent Arts Commission Parks Committee (Committee, Staff, Examiner, commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $26 000 SOURCE OF FUNDS: City Art Fund (already budgeted) 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3D 1 \� Kent City Council Meeting �( Date May 1, 1990 Category Consent Calendar 1. SUBJECT: GOLF COURSE LEAD GREENSKEEPER POSITION 2 . SUMMARY STATEMENT: Authorization of a full time position of Maintenance Worker II, at range 20. Because of a union contract, the Parks Department must reinstate a Lead Greenskeeper position. To fund the position, the Department would add a Maintenance Worker II position, because the Lead Greenskeeper position is currently being filled by a Maintenance Worker II. There will be no budget change, as the cost of the position will be covered by delaying the budgeted purchase of a tractor with loader until 1991. 3 . EXHIBITS: Memo; fiscal note. 4 . RECOMMENDED BY: Operations Committee; Internal Budget Committee: Internal Personnel Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3E MILLER,MAYENE / KENT70/FN - HPDesk print. --------------------------------- Sub ' ct: GOLF COURSE LEAD GREENSKEEPER-FISCAL NOTE Cre,_or: Mayene MILLER / KENT70/FN Dated: 04/04/90 at 1958 . THE PARKS DEPAfMENT HAS REQUESTED APPROVAL OF A FULLTIME LEAD GREENSKEEPER AT THE GOLF COURSE TO REPLACE LEE ANDERSON. AS THE RESULT OF THE UNION CONTRACT, LEE ANDERSON WAS NO LONGER ABLE TO PERFORM THE LEAD OR MAINTENANCE DUTIES . THIS HAS PUT THE MAINTENANCE OF THE NEW GOLF COURSE AT JEPARDY. THE IPC 'REVIEWED THE POSITION AND HAS RECOMMENDED APPROVAL AT A RANGE 27 . THE IBC REVIEWED THE ORIGINAL WORKLOAD ANALYSIS COMPLETED LAST SUMMER BY THE FINANCE DEPARTMENT. WITH THE LOSS OF LEE ANDERSON IN A LEAD/MAINTENANCE CAPICITY THE GOLF COURSE MAINTENANCE STAFF IS NOW AT SIX MAINTENANCE WORKERS WITH THE PREVIOUS RECOMMENDED LEVEL AT SEVEN. THE IBC RECOMMENDS APPROVAL OF THE LEAD GREENSKEEPER TO BRING THE MAINTENANCE STAFF LEVEL TO SEVEN FULL TIME POSITIONS . THE MAINTENANCE OF THE NEW GOLF COURSE IS CONSIDERED EXTREMELY IMPORTANT IN GENERATING THE NECESSARY REVENUE TO PAY THE REVENUE BONDS . IT IS ANTICIPATED THAT THE LEVEL OF SEVEN FULL TIME MAINTENANCE POSITIONS WILL BE ADEQUATE AND THAT NO ADDITIONAL FULL TIME MAINTENANCE REQUESTS ARE ANTICIPATED IN THE 1991 BUDGET. THE IBC DOES NOT RECOMMEND A BUDGET CHANGE AS THEY FEEL THE COST OF THE POSITION CAN BE COVERED BY DELAYING THE BUDGETED PURCHASE OF A TRACTOR WITH A LOADER UNTIL 1991. A PORTION OF THE COST IS ALSO OFFSET BY FILLING THE POSITION ONLY FROM APRIL THROUGH DECEMBER. DATE: February 26 , 1990 TO: eiI Sullivan, Golf Complex Manager FROM: Lee Anderson, Golf Maintenance SUBJECT: PROPOSAL - CHANGES TO CURRENT MANPOWER ------------------------------------------------------------------- PROBLEM As of January 1, 1990, my maintenance crew has joined the Teamster ' s Union . The contract adopted with the union forces me to cease any activities normally performed by a bargaining unit member. If I were to perform duties of this nature, I would be violating the contract the City of Kent has with the T A violation would result in a Teamster ' s Union, Local #117 . grievance against myself and the City . BACKGROUND In March of 1989 , we had an Assistant Greenskeeper position. Due to budgetary constraints at that time, and not knowing what the workload would be on the new golf facility, we decided to underfill this position with a Maintenance Worker II . At the August 1 , 1989 City Council meeting, Tony McCarthy stated that "an analysis of staffing levels at golf courses in other cities had been prepared , indicating that the full- time staff which currently exists at our golf course for outside maintenance workers is appropriate. . . " . The staffing level of outside maintenance workers in August 1989 was as follows : Title Range # of Employees Golf Complex Supervisor ? 1 <:? 0 ** Assistant Greenskeeper(-b--(w+ / y Maintenance Worker II/Mechanic 24 1 Maintenance Worker II 20 5 Total 7 With the changes brought about by the crew joining the Teamsters , the staffing level of outside maintenance workers as of today is as follows : Title Range # of Employees Assistant Greenskeeper � l 0 ** Maintenance Worker II/Mechanic 24 1 Maintenance Worker II 20 5 Total 6 **, Vacant, filled with Maintenance Worker II As you can see, the net result of the crew joining the Teamsters is a loss of one full-time person, which puts us below the appropriate level Mr. McCarthy referred to last August . RECOMMENDATION I recommend that the city hire an Assistant Golf Course at a range 27 (formerly referred to as Assistant Greenskeeper) . To do this , we must create a new Maintenance Worker II position at a range 20 and move the existing Maintenance Worker from the current range 27 position that this person now occupies . JUSTIFICATION The Assistant would be responsible for leading a crew and would assume my responsibilities in my absence. At this time, I do not have a qualified staff member to perform my responsibilities if I were to be absent. This prevents me from taking vacation time, makes it difficult for the maintenance crew to function during periods of illness , and 'limits my ability to attend important staff meetings or required training courses . The Assistant would be responsible for assigning, monitoring and evaluating the staff. This person would have considerable background and understanding of turf grass maintenanY e, electro-mechanical irrigation, disease identification and calibration of pesticides . Pesticides are applied weekly and if improperly calibrated or applied, they will become a hazard to the community and could severely damage the course itself. An Assistant Golf Course would be a member of the Teamster ' s bargaining unit . Thus, this person would perform manual labor, operate many different pieces of equipment and therefore bring the regular full=time outside maintenance staff back up to the appropriate 7 workers . ll �Y 1 Kent City Council Meeting Date May 1, 1990 Category Consent Calendar 1. SUBJECT: KENT MINI STORAGE (CHRIS LEADY SHORT PLAT) 2 . SUMMARY STATEMENT: Acceptance of the bill of sale and warranty agreement submitted by Chris Leady for continuous operation and maintenance of approximately 60 ft. of water main extension and 340 ft. of sanitary sewer main extension constructed in the vicinity of 108th Ave. S.E. and S.E. 240th St. for the Kent Mini Storage facility 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. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• — ACTION: Council Agenda Item No. 3F KENT y — -- --- 5.E- 240 ST. - JAMES ST. i� SITES.E. 44TH 18 SE 248TH ST. — 516 cYy 515 -'?j 187 • VICINITY MAP KENT MINI STORAGE (Chris Leady) Kent City Council Meeting Date May 1, 1990 Category Consent Calendar 1. SUBJECT: CORNUCOPIA DAYS Q1;(ittNXNCT Q 1 of 2 . SUMMARY STATEMENT: Approve Ordinance No. 9a3 granting a street use permit to Kent Lions Club for Kent Cornucopia Days. nofed fhat tie car ;`na c e d ffe.f5 r�" prey nLA G Cif vltitcr7Pi`a �a�s Ord ncc ✓�c.fs � � +A fi' tr '� �h� 6ez on ullM`o(1 n -twar h our parrt'ng re-Sfy � C0�'Viur��,a f�a�(S , CLnd� LOS for � qnd + ca ) ��,z( K , n� 5puce5� 3 . EXHIBITS: Ordinance j 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Comm' Sion, etc. ) 5. UNBUDGETED FISCAL PERSONNEL ACT: NO YES FISCAL/PERSONNEL NOTE: Recoray6ended Not Recommended 6. EXPENDITURE REQUIRED: $� SOURCE OF FUNDS : _ P� . v of 7 . CITY COUNCIL ACTION: � � ��,"� ���� � 9 Gi (�� � Councilmember move Councilme er L�" second CW�cQ 1 Y ,e. WL 0 ftOT1 C a r r-e— DISCUSSION• ACTION• Council Agenda Item No. 3G �\ ORDINANCE NO. AN ORDINANCE of the City of Kent, W hington, relating to Kent Cornucopia Dg'�,/s; gr% ting a street use permit to Kent Liory� Club for public festival; specifying terms?and condi`�ions for such street use. WHEREAS Kent Cornucopia Days has ben an annual festival celebrating the h�ritage of the Kent communiky; and WHEREAS, th�Cornucopia Days festival continues to grow in size annually; and WHEREAS, Cornucdpp\ia Days is/ a result of the efforts of a number of private volunteeYs, citizens, civic groups, and nonprofit organizations; and, WHEREAS, the City of/ent is not the sponsor nor operator of the Kent Cornucopia Days festival; and WHEREAS, it is a propriate,,to clarify the rights, responsibilities and ref tionships of those parties involved in the Kent Cornucopia Da ' activities; NOW THEREFORE, THE CITY OF/ENT, WASHINGTON DOIrS HEREBY ORDAIN AS FOLLOWS: ! Section 1. A street use permit is hereby authorized fro Thursday, July 2, 9:00 p.m. until Sunday, July 15, 11:00 p.m. for the following Aescribed public areas and right-of-ways: (Ay/ Meeker Street from 6th Avenue to Railroad Avenue (4th Aven4 to remain open) , ///� (B) 2nd Avenue from Meeker Street to Gowe Street, (C) 1st Avenue from Smith Street to Titus Street (Gowe St et to remain open) , (D) 2nd Avenue from Gowe Street to Titus Street, (with local access signs at Titus) (E) 2nd Avenue from Meeker Street to Smith Street for the purposes of Saturday Market. (F) Municipal parking lot between Smith and Harrison and 2nd and 4th Avenues; provided, however, that such closure shall be for the purposes of Cornucopia Carnival from 6:00 a.m. , Wednesday July 11, 1990 through 2:00 p.m. , Monday, July 16, 1990. (G) 5th Avenue behind Kent Elementary for children's parade and parade assembly; Saar Street north on 4th Avenue to Harrison Street; provided, however, that such closure shall be only for the purposes of the children's parade and only on Sunday July 15, 1990 from 11:00 a.m. until 2:00 p.m. (H) 4th Avenue from James Street (240th Avenue S.E.) to Saar Street for parade and parade assembly; and the two eastbound lanes of James Street from 1st Avenue to 4th Avenue; and First Avenue from Smith Street to James Street; provided, however, that such closure shall be for the purposes of the Cornucopia Parade on Sunday, July 15, 1990 from 11:30 a.m. until 4:00 p.m. Section 2. The street use permit provided in Section 1 above is granted to the Kent Lions Club (hereinafter referred to as the "User") . By this permit, the User is authorized to conduct a public festival on said public property and right-of-way, to erect booths, conduct lawful and licensed games, provide entertainment, operate or authorize food and beverage services, and conduct such other activities consistent with a public festival at the times and in accordance with the provisions in Section 1. Section 3. The permit granted hereby is conditioned upon User's satisfaction of the following conditions: 3_1. LICENSES AND TAXES. The User shall be liable for, l and shall pay throughout the term of this use, all license and ( fees covering the business and activities conducted on the premises, and all unemployment insurance, social security, workers' compensation and other obligations applicable to its activities, and otherwise fulfill all fiscal obligations imposed by law or contract. 2 - 3_2. UTILITIES. The User, at the User's sole expense, shall provide, or shall otherwise pay for, when due, all costs fo providing all utilities and other services and installation occasioned by the User's requirements. The City shall not be liable for any injury, loss or damage caused by the resultant fro any interruption or failure of utility services due to any causes whatsoever, except the City's sole negligence. 3.3. LIABILITY. 3.3.1. Indemnification: The User shall indemnify and hold the City harmless from any and all claims, actions, and/or judgments whatsoever arising out of the use and occupation of said public property and right-of-way including claims arising by reason of accident, injury or death caused to persons or property of any kind unless caused by the City's sole negligence. 3.3.2. Assumption of Risk: The placement and storage of personal property on said public right-of-way shall be the responsibility, and at the sole risk, of the User. 3.3.3. Insurance: During the term of this permit and any extension thereof, the User shall secure and maintain a policy of standard form comprehensive general liability insurance with an insurance company licensed to do business in the State of Washington, providing protection and indemnification against any and all claims for injury to person or property or for loss of life, including the liability of the City for such to the User an any of the User's officers, employees and agents, and any liability of the User as such to the City, its officers, employee and agents, arising out of or in connection with the occupancy an use of the public right-of-way as well as any and all claims and risks in connection with any acts or omissions performed by User by virtue of the rights granted pursuant to this permit. Said policy limits shall be in the amount of one million dollars ($1,000,000) for injury to or loss of life of, any individual person; in the aggregate for personal injuries suffered in each occurrence; and for property damage suffered in each occurrence. Said policy must specifically name The City of Kent, its officers, employees and elected officials as additional insured parties thereunder and must stipulate that the coverages provided by said 3 - policy shall not be terminated, reduced, or otherwise changed in any respect without providing at least thirty (30) days prior written notice to The City of Kent. Notwithstanding any provisio� herein to the contrary, the failure of the User to comply with the provision of this section shall subject this Street Use Permit to immediate termination without notice and without recourse by any person in order to protect the public interest. 3.3.4. Adjustments of Claims: The User shall provide for the prompt and efficient handling of all claims for bodily injury, property damage or theft arising out of the activities of the User under this permit. The User agrees that all such claims, whether processed by the User or User's insurer, either directly or by means of an agent, will be handled by a person with a permanent office in the Kent-Seattle area. 3.4. USE AND CARE OF PREMISES. 3.4.1. General Condition: The premises shall at lall times be kept in a neat, clean, safe and sanitary condition, and kept and used in accordance with the laws of the State of Washington and ordinances of The City of Kent, and in accordance with all authorized rules and regulations of the King County Health Department, Kent Fire Marshal, Kent Building Inspector, and other proper officers of The City of Kent, at the sole cost and expense of the User. The User shall not permit any waste, damage ) or injury to the public property or right-of-way; shall not permit any objectionable noise or odor to escape or to be admitted from said public areas or permit anything to be done upon said premises that in any way will create a nuisance. III 3.4.2. Alterations: The User shall not make, or cause to be made, any alteration, addition or improvement in said ) I ,j public right-of-way other than those authorized above without first obtaining the written consent of the City for such work. 3.4.3. Access: The City reserves for itself, its officers, employees, agents and contractors, free access to said premises at all reasonable times for the purposes of emergency response and other public safety demands, inspection, cleaning, o other City responsibilities. - 4 - 3.5. NON DISCRIMINATION. The User shall comply with al federal, state and local laws and ordinances prohibiting discrimination in employment or public accommodation with regard to age, sex, race, color, creed, national origin, marital status or physical or mental handicap. 3.6. RELATIONSHIP. In no event shall the City be construed, or held to have become in any way or for any purpose a partner, associate, or joint venturer of the User or any party associated with the User in the conduct of the User's activities relating to Cornucopia Days. This permit does not constitute the User the agent or legal representative of the City for any purpose whatsoever. ! 3.7. AMENDMENTS. The city expressly reserve the right to amend the terms of this permit from time to time as may be i necessary to preserve the public health, safety and welfare. Provided, however, that no amendment, alternation or modification of the terms or conditions of this permit shall be valid and binding unless made in writing to the User within fourteen (14) days of the effective date of said amendment, alternation or modification. 3.8. NO WAIVER OF DEFAULT. The City does not waive full compliance with the terms and conditions of this permit by acceptance of the permit fees. No waiver of default by the City of any of the terms, covenants and conditions hereof to be performed, kept and observed by the User shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and conditions herein contained, to be performed,I kept and observed by the other party. 3.9. SURRENDER OF PREMISES. At the expiration or termination of this permit, including any extensions thereof, whichever is earlier, the User shall quit and surrender said premises, without notice and in as good condition as received at commencement of the term, ordinary wear and tear uncontrollable b the User excepted. - 5 - 3.10. ADJUDICATION. 3.10.1. Jurisdiction: This street use permit shall be construed under all the applicable laws, statutes, ordinances, rules and regulations of the United States, State of Washington, County of King and the City of Kent in case of a dispute between the parties. 3.10.2. Costs and Attorney Fees: If, by reason of any default or breach on the part of the User in the performance of any of the provisions of this permit, a legal action is instituted, the User agrees to pay all reasonable costs and attorney fees in connection therewith. In the event of any legal action brought under the terms of this permit may be in King County, Washington. 3.11. The User shall not interfere with the City's maintenance and use of the right-of-way, or the operation of the Kent Saturday Market or other licensed businesses and premises. The User shall also be responsible for obtaining necessary permits for use of property administered by the Department of Parks and Recreation. 3.12. The City of Kent, its agents and employees, will perform no maintenance, repair work of any kind on User's installations, equipment, or appurtenances without first obtainin permission from the User. Provided, however, the City may perform such maintenance, repair or work in an emergency. 313. INVALIDITY OF PROVISIONS. Should any term, provision, condition or other portion of this permit be held to b inoperative, invalid or void, the same shall not affect any other term, provision, condition or other portion of this permit; and the remainder of this permit shall be effective as if such term, provision, condition or portion had not been contained herein. Section 4. FEES AND CHARGES 4_1. FEE. The fee for the above identified permit shall be twenty-five dollars ($25.00) payable in advance to the City 6 - Treasurer at Kent City Hall, 220 4th Avenue South, Kent, Washington 98032-5895 on or before July 6, 1990, plus five percen of gross receipts from street fair booth sales, not to exceed five hundred dollars ($5o0.0o) payable to the City Treasurer on or before September 21, 1990. 4.2. AUDIT. The User shall permit the City, as City deems necessary, to inspect and audit in Kent, Washington at any and all reasonable times, all pertinent books and records of the User and any subcontractors or other person or entity that is in connection with, or related to the User under this permit to verify the accuracy of accounting records, including trust accounts if any; and shall supply City with, or shall permit the City to make, a copy of any books and records and any portion thereof, upon the city's request. 4.3. The User shall have the right to charge user fees or festival permits for the areas described in Section 1, above. The User shall also be granted the authority to charge user fees or festival permits to street vendors and merchants within two blocks of the area described in Section 1 above. The User's right to charge festival permit and user fees shall extend only for the term of this street use permit, and shall not apply to merchants and businesses with current business licenses within the areas designated herein. Section 5. An authorized representative of user shall execute an agreement with the city confirming acceptance of the conditions herein. The Mayor is authorized to execute said agreement and such other documents necessary to the administration of this ordinance. Section 6. Two hour parking restrictions as provided in Chapter 10.06 Kent City Code are eliminated during the period of Cornucopia Days, and shall not be enforced during said period. I Section 7. A sufficient number of handicap parking spaces shall be provided in close proximity to festival site. Section 8. Any act consistent with the authority and of this ordinance is hereby ratified prior to the effective date and confirmed. - 7 - r i Section 9 Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage as provided by law. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: SANDRA DRISCOLL, CITY ATTORNEY PASSED the day of 1990. APPROVED the day of 1990. PUBLISHED the day of 1990. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) MARIE JENSEN, CITY CLERK 05750-190 I - 8 - II Kent City Council Meeting Date May 1, 1990 Category Consent Calendar 1. SUBJECT: MAYORAL APPOINTMENTS 2 . SUMMARY STATEMENT: Confirmation of the Mayor's appointments as follows: Appointment of Midge Sweley to the Saturday Market Board. Reappointment of Laurel Whitehurst to the Library Board of Trustees. This five year term will expire in April, 1995. 3 . EXHIBITS: Memos from Mayor 4 . RECOMMENDED BY: Mayor Kelleher (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO_Z YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended_ 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3H M E M O R A N D U M TO: JUDY WOODS , CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: DAN KELLEHER, OR DATE: MAY 1, 1990 ` ��`.�,•�. ,.,, SUBJECT: APPOINTMENT OF MIDGE SWELEY TO SATURDAY MARKET BOARD I have recently appointed Midge Sweley as the Kent Merchant Representative to the Saturday Market Board. Ms. Sweley will replace Bob Crisp, who resigned. Ms. Sweley's term will begin June 1, 1990 and continue through May, 1992 . Ms. Sweley is the owner of Sweley Design Associates, is a member of the Kent Centennial Committee and also a member of the Kent Chamber of Commerce. She is also an Associate in "Victoria Street" , a business located on First Avenue. I submit this for your confirmation. DK:jb cc: Nancy Woo, Community Events Coordinator M E M O R A N D U M TO: JUDY WOODS, CITY COUN IL PRESIDENT CITY COUNCIL MEMBERS FROM: DAN KELLEHER, MAYOR DATE: MAY 1, 1990 SUBJECT: REAPPOINTMENT OF LAUREL WHITEHURST TO LIBRARY BOARD OF TRUSTEES I have reappointed Laurel Whitehurst as a member of the Kent Library Board of Trustees. Ms. Whitehurst is currently serving as president of the Board and her first term recently ended on 4/30/90. Her second term will begin immediately and continue through April of 1995. I submit this for your confirmation. DK:jb Kent City Council Meeting Date May 1 1990 Category Other Business 1. SUBJECT: GARRISON CREEK II PRELIMINARY SUBDIVISION NO SU-90-1 2 . SUMMARY STATEMENT: This meeting will consider the Hearing Examiner's recommendation of conditional approval of an application by Baima & Holmberg, Inc. for an eight lot single family residential preliminary subdivision. The property is approximately 4 . 6 acres in size and is located on the south side of S. 218th St. and abuts proposed 95th P1. S. (Apon Wh te's �tiesfi on, I(arr s no+ed +ti4t thz ��rrenf 2onin9 �s Pv .101 anr1 I-Kat- it Will ,I0 Le CFian� ed. 3 . XXH S: aff memo; staff repot Hear' g Ex f minutes; din nd ne 4La \ 4 . UCgMMMED BY: Hearinq Examine arc 21 1 a r with keydn con 'tion�j�--, (Committe , taff, txamlil-er, Comm,'ssion, etc. ) 5. UNBUPgMD FISq 444PERSONIM4IMP CT• NO YEFr"� F PE O L N E• eco a ed Re�emmended 6. E IRED• — S6UfRCE O DS: 7 . CITY COUNCIL ACTION- yvYl _ y1. Councilmember moved, Councilmembe _ —second to 4.qce t the findings of the Hearing Examiner and to concur wit2iig �Utr the Hearing Examiner's recommendation of approval of Garrison Creek II preliminary subdivision No. SU-90-1 with seven conditions. DISCUSSION• ACTION• Council Agenda Item No. 4A KENT PLANNING DEPARTMENT April 25, 1990 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: GARRISON CREEK II PRELIMINARY SUBDIVISION #SU-90-1 On March 71 1990 the Kent Hearing Examiner held a public hearing to consider a request by Baima & Holmberg, Inc. for an eight-lot single family residential preliminary subdivision. The subject property is lot 9 of the recently-approved and as yet unrecorded Garrison Creek Short Subdivision (#SP-89-17) . The property is approximately 4 . 6 acres in size, is located on the south side of S . 218th Street and abuts proposed 95th Place S. On March 21, 1990 the Hearing Examiner recommended approval of this preliminary subdivision with the following conditions: A. Prior to recordation of the final plat: 1. Provide detailed engineering drawings and bond for or construct the following: a. gravity sanitary sewer facilities to service all lots and any adjacent properties not presently served; b. public water to all lots in a manner which meets domestic and fire flow requirements (water must be provided by Soos Creek Water and Sewer District) ; C. on site storm drainage facilities to drain all roadways and lots (including off-site tributary areas) which shall be constructed to incorporate detention as well as biofiltration and oil/water separation in order to preserve or enhance the water quality of Garrison Creek; d. street improvements within the plat up to residential standards including asphalt pavement, curb and gutter, sidewalks, storm drainage, street lighting , street name signs, underground utilities and related appurtenances. Cul- de-sacs shall have a paved radius of at least 45 feet. The applicant shall dedicate all necessary right of way grant all necessary easements to the City to provide for the construction, operation and maintenance of the above facilities as well as for the Garrison Creek trail, if necessary. The applicant shall also extend utilities as necessary to provide for the future servicing of adjacent properties. 2 . Execute a no protest LID covenant for the future widening and improvement of S . 218th Street to City standards. MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS APRIL 25 , 1990 B. Prior to the issuance of a development permit on any lot within subdivision, all physical improvements noted above shall be constructed. C. The applicant shall include on the final mylar a notation that no structures or impervious surfaces shall be permitted in the 75 foot setback area at the top of the ravine. CA:JPH:ca Attachment 2 I I 33e� ( I h LU QLUa _J - rc z ' a $ r e I e w v r I t 4 � I Oo L• o� � I I I I i a �\ � L R n FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE HEARING EXAMINER FOR THE CITY OF KENT FILE NO: GARRISON CREEK II 4SU-90-1 APPLICANT: SHUPE HOLMBERG/BAIMA & HOLMBERG, INC. REQUEST: A request for preliminary subdivision approval of eight single-family residential lots. LOCATION: The site is located on the south side of S. 218th Street, and abuts proposed 95th Place S . APPLICATION FILED: 11/16/90 DEC. OF NONSIGNIFICANCE ISSUED• 1/5/90 MEETING DATE: 3/7/90 RECOMMENDATION ISSUED: 3/21/90 RECOMMENDATION• APPROVAL with conditions STAFF REPRESENTATIVE: Fred Satterstrom, Planning Department Carol Proud, Planning Department Gary Gill, Public Works Department PUBLIC TESTIMONY: Tim Canfield Jim Flick WRITTEN TESTIMONY: None INTRODUCTION After due consideration of all the evidence presented at public hearing on the date indicated above, and following an unaccompanied personal inspection of the subject property and surrounding area by the Hearing Examiner at a time prior to the public hearing, the following findings, conclusions and recommendation are entered by the Hearing Examiner on this application. 1 Findings and Recommendation Garrison Creek II #SU-90-1 FINDINGS 1. The applicant requests approval of a short subdivision of nine single-family residential lots . The property is located on the south side of S. 218th Street, next to the proposed 95th Place South. It is approximately 4 . 6 acres. The average lot size after subdivision would be 26, 058 square feet with a range from 20, 000 to 41, 643 square feet. 2 . The City-wide and East Hill Comprehensive Plan Maps designates the site as SF - Single Family. The property is zoned as R1- 20, Single-Family Residential with minimum lot size of 20, 000 square feet. All proposed lots meet or exceed this minimum. 3 . Land use surrounding the site is nearly all residential. The Garrison Creek City Park is east of the site. The site itself is currently undeveloped. Several other subdivisions have been proposed in the immediate area. Neighbors in the area surrounding these proposed developments appeared at the public hearing to express concerns about the cumulative impacts of the several subdivision proposals, especially as to impacts on traffic. No cumulative impact analysis was performed by the City or the applicant. 4 . A final Mitigated Determination of Nonsignificance was issued for the proposed project on February 20, 1990 with conditions related to stream location and recreational easements, street improvements, drainage improvements, water service, tree preservation and detailed slope and site analysis. This Determination of Nonsignificance was not appealed. 5 . The property has an average slope of about 16 percent. The southeast corner of the site declines rapidly toward Garrison Creek. Garrison Creek itself is about 150 feet away from the property site. The Kent Zoning Code defines a ravine as a "young valley" which contains a creek. A ravine also includes the sidewalls to a point where the slopes are less than 15 percent. See KCC 15 . 02 . 337 . The site will be subject to the Water Quality and Hazard Area Development standards in KCC 15 . 08 . 220 - . 224 . These standards require, inter alia, that iThe Staff Report of the Planning Department refers to eight lots while the preliminary plat map submitted by the applicant designates nine lots. The Hearing Examiner relied on the representations on the map in reaching his decision. 2 Findings and Recommendation Garrison Creek II #SU-90-1 there be a 75 foot setback from the top of a ravine. The Garrison Creek trail is in close proximity to the property. Easements on the subject property may be necessary to protect the trail. 6. Sanitary sewer service is available from the City of Kent. Domestic water supply is available from the Soos Creek Water and Sewer District. Access to a pubic road is provided for each segregated parcel. CONCLUSIONS 1. The purpose of the subdivision regulations, which includes the requirement for preliminary plat approval, is to: provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, . . . insuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be insured; that proper provisions for all public facilities . . shall be made; that maximum advantage of site characteristics shall be taken into consideration; that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan shall be insured. The Kent Short Subdivision Code sets forth the particular requirements for an application for preliminary plat app That section details five principles of acceptability and four specific requirements that must be met before a preliminary plat can be recommended for approval. Based on the Findings detailed above, and with the conditions recommended in the Decision below, the application will conform to the standards set forth in City ordinances and should be APPROVED. 3 Findings and Recommendation Garrison Creek II #SU-90-1 DECISION The preliminary plat application should be APPROVED subject to the following conditions: A. Prior to recordation of the final plat: 1. Provide detailed engineering drawings and bond for or construct the following: a. gravity sanitary sewer facilities to service all lots and any adjacent properties not presently served; b. public water to all lots in a manner which meets domestic and fire flow requirements (water must be provided by Soos Creek Water and Sewer District) ; C. on site storm drainage facilities to drain all roadways and lots (including off-site tributary areas) which shall be constructed to incorporate detention as well as biofiltration and oil/water separation in order to preserve or enhance the water quality of Garrison Creek; d. street improvements within the plat up to residential standards including asphalt pavement, curb and gutter, sidewalks, storm drainage, street lighting , street name signs, underground ' utilities and related appurtenances. Cul-de-sacs shall have a paved radius of at least 45 feet. The applicant shall dedicate all necessary right of way grant all necessary easements to the City to provide for the construction, operation and maintenance of the above facilities as well as for the Garrison Creek trail, if necessary. The applicant shall also extend utilities as necessary to provide for the future servicing of adjacent properties. 2 . Execute a no protest LID covenant for the future widening and improvement of S. 218th Street to City standards. B. Prior to the issuance of a development permit on. any lot within subdivision, all physical improvements noted above shall be constructed. 4 Findings and Recommendation Garrison Creek II #SU-90-1 C. The applicant shall include on the final mylar a notation that no structures or impervious surfaces shall be permitted in the 75 foot setback area at the top of the ravine. Dated this 21st day of March, 1990. THE DORE UN ER Hearing Examiner APPEALS FROM HEARING EXAMINER DECISIONS. Request of Reconsideration Any aggrieved person may request a reconsideration of a decision by the Hearing Examiner if either (a) a specific error of fact, law, or judgment can be identified or (b) new evidence is available which was not available at the time of the hearing. Reconsideration requests should be addressed to: Hearing Examiner, 220 Fourth Avenue S. , Kent, WA 98032 . Reconsiderations are answered in writing by the Hearing Examiner. Notice of Right to Appeal The decision of the Hearing Examiner is final unless a written appeal to the Council is filed by a party within 14 days of the decision. The appeal must be filed with the City Clerk. Usually, new information cannot be raised on appeal. All relevant information and arguments should be presented at the public hearing before the City Council . A recommendation by the Hearing Examiner to the City Council can also be appealed. A recommendation is sent to the City Council for a final decision; however, a public hearing is not held unless an appeal is filed. 5 City of Kent Planning Department CD CD LLJ i ------------ -D T ----------- ------------------------ --------------- --------- ........................ ...................... ........................ ......... ............ Ll r cc: S 222ND ST SMANH" -------------------------------------------- APPLICATION NAME: Garrison Creek 11 NUMBER: su-go-i DATE: March 7, 1990 REQUEST: Preliminary Plat LEGEND ........... Application site VICINITY MAP Zoning boundary City limits Ak- City of Kent - Planning Department I � ; �f - a.---Ij-- — —1 --�i —_ L— — -- ---- — =--- s rcn+ sr. — B t 2 3 �( Y L_MW IDS ,y cRE _ 1 y L-! R K 1t R- , r.S 21 PLACE y L-X nI R R L_ L_X R -or \ ! R- 1L L- R' 7 7 L-� --- 4IL -X R- L-W L-X KL L 7d i G C- 7 4 4P «w. 1 � I !- ao 29 APPLICATION NAME: Garrison Creek II NUMBER: SU-90-1 DATE: March 7, 1990 REQUEST: Preliminary Plat LEGEND Application site SITE PLAN Zoning boundary City limits 10- City of Kent - Planning Department a � LL 0 a 1- o 1 / 1 / O 1 APPLICATION NAME: Garrison Creek II NUMBER: SU-go-1 DATE: March 7, 1990 REQUEST: Preliminary Plat LEGEND Application site ZONING / TOPOGRAPHY MAP Zoning boundary m m m City limits Alk- PLEASE NOTE: These minutes are prepared only for the convenience of those interested in the proceedings of the Land Use Hearing Examiner. These minutes are not part of the official record of decision and are not viewed, referred to, or relied upon by the Hearing Examiner in reaching a decision. These minutes also are not part of the record -of review in the event a decision of the Hearing Examiner is appealed. Copies of the tape recordings of the Hearing Examiner proceedings, or a complete written transcript of these recordings, are available at a charge from the City of Kent. Please contact Chris Holden at the Kent Planning Department (859-3390) if you are interested in obtaining an official transcript. HEARING EXAMINER MINUTES March 7, 1990 The public hearing of the Kent Hearing Examiner was called to order by the presiding officer, Ted Hunter, Hearing Examiner, on Wednesday, March 7 , 1990 at 3 : 00 p.m. in the Kent City Hall, Council Chambers. Mr. Hunter requested all those intending to speak at the hearing and those wishing to receive information concerning the hearing, to sign in at the sign up sheet by the door. Staff reports and agendas were available by the door. Mr. Hunter briefly described the sequence and procedure of the hearing. Each person presenting testimony was sworn in by Mr. Hunter prior to giving testimony. CITY OF KENT WEST HILL FIRE STATION Conditional Use Permit 4CE-88-3 A public hearing to consider a request by the City of Kent Fire Department, 220 Fourth Avenue S . , Kent, WA 98032-5895, to allow the placement of an 150-foot tall steel radio tower and transmitter building behind the West Hill Fire Station. The request for a West Hill Fire Station was previously approved by the Hearing Examiner on August 3 , 1988 . Alice Shobe, Kent Planning Department, presented the staff report. She displayed some view foils depicting 1) the location of the site, 2) the zoning of the property and well as surrounding property zoning, and 3) a site plan showing the proposed communication building and radio tower. These structures will be separated from the fire and police station by a fence. An amended 1 Hearing Examiner Minutes March 7, 1990 Determination of Nonsignificance was issued on February 22, 1990 with no conditions. Ms. Shobe commented the primary issue regarding this matter is the visibility of the structures from the street. A view foil was shown displaying the visibility of the tower along with the water tower and the trees. The proposed communication tower will have two microwave dishes and four antennas. In addition, the City of Kent Fire Department would like to reserve the opportunity to add more antennas to the structure. Any additional antennas would comply with City regulations. Mr. Hunter asked if the applicant would like to comment. Chief Angelo, Kent Fire Department, commented the communication building and radio tower will provide better communications with emergency services than are now available in the area. Any antennas that would be rented or leased out would be to other emergency jurisdictions and well as some private companies, such as Boeing emergency services. Mr. Hunter asked if this request comes under the General Conditional Use portion of the Zoning Code? Carol Proud, Kent Planning Department, replied affirmatively. Mr. Hunter reiterated it would be considered under the General Conditional Use Permit, Section 15. 08. 030. There was no further testimony. The public hearing was closed at 3 : 11 p. m. GARRISON CREEK II Preliminary Plat WSU-90-1 A public hearing to consider a request by Baima & Holmberg, Inc. , 1505 NW Gilman Boulevard 47, Issaquah, WA 98027 , for approval of a nine-lot preliminary plat. The plat is approximately 4 . 10 acres in size. The property is zoned R1-20, Single-Family Residential. The property is located at S . 218th Street and 96th Avenue S. Carol Proud, Kent Planning Department, reviewed the staff report. Some view foils were shown depicting 1) the location of the site, and 2) a site plan and topography map. The average lot site will 2 Hearing Examiner Minutes March 7 , 1990 be 2 , 600 square feet--with the largest lot measuring 4 , 100 square feet and the smallest lot 2 , 000 square feet. The resulting subdivision will provide eight detached single-family homes. Garrison Creek is approximately 150 feet away from the subdivision. Another view foil showed the zoning of the property and well as surrounding zoning. General zoning in the area is single-family. Garrison Creek Park is located to the east of the subject property. A video of the site was shown. A Determination of Nonsignificance was issued in January 1990 and a revised DNS was issued on February 20, 1990. Ms. Proud commented the applicant must submit a tree plan showing all existing trees on the site in relation to the proposed plots. The planning staff recognizes that some trees must be removed to develop the property but the remaining trees should be retained for the benefit of future development. Further, the trees located in the required 75-foot setback at the top of the bank will be retained to help stabilize the slope. Ms . Proud commented the plat is located within the Hazardous Area Map designation. Further, the southeast corner of the site is designated as Ravine and future development must be set back 75 feet from the top of the ravine- -Lots 6 , 7 and 8 are impacted by this requirement. Ms. Proud commented a notation should be made on the final mylar that no structures or impervious surfaces shall be permitted in the setback area. In addition, because of the Hazardous Area Map designation, each site could be required to do a separate environmental checklist for each house. However, if the applicant chooses to develop the entire site together, then one checklist would suffice. The Fire Department has indicated that if any access is more than 150 feet from a fire hydrant and exceeds a 12 percent slope, the structures must provide a sprinkler system. The proposed plat is in general conformance with the regulations of the Subdivision Code. The Planning staff recommends approval with conditions. Mr. Hunter asked if the applicant would like to comment. Tim Canfield, representing applicant, stated he had no direct comments but he was there to answer any questions. Mr. Hunter asked if there was anyone else who would like to comment. 3 Hearing Examiner Minutes March 7 , 1990 Jim Flick, 9408 S . 218th Street, Kent, didn't have a problem with this particular development. Mr. Flick commented the "canned" statement regarding either doing a• traffic study or donating dollars towards development of the 272nd/277th corridor doesn't take care of the traffic impacts. He remarked that the City isn't taking into account the cumulative affect of traffic in the area. There was no further testimony. The public hearing was closed at 3 : 40 p.m. 4 KENT PLANNING DEPARTMENT STAFF REPORT FOR HEARING EXAMINER MEETING OF FEBRUARY 7, 1990 FILE NO: GARRISON CREEK II #SU-90-1 APPLICANT: Shupe Holmberg/Baima & Holmberg, Inc. REQUEST: A request for preliminary subdivision approval of eight single-family residential lots. STAFF REPRESENTATIVE: Carol Proud, Planner STAFF RECOMMENDATION: APPROVAL WITH CONDITIONS I. GENERAL INFORMATION A. Description of the Proposal The proposal is an eight lot residential subdivision. The subject property is lot 9 of the recently approved and as yet unrecorded Garrison Creek Short Subdivision (#SP-89-17) . Included in the proposal is approximately 720 linear feet of new surface streets with curbs, gutters, sidewalks, street lighting and related utilities. The average lot size is 26, 058 square feet with the largest lot measuring 41, 643 square feet and the smallest lot 20, 000 square feet. The resulting subdivision will provide for eight detached single-family homes at a density of approximately 1.4 units per acre. B. Location The site is located on the south side of S. 218th Street, and abuts proposed 95th Place S. C. Size of Property The property is 4 . 6 acres in size. D. Zoning Designation The site is within an R1-20, Single-family Residential, zoning district. All lots exceed the minimum lot size of 20, 000 square feet allowed in the R1-20 Zone. 1 Staff Report Garrison Creek II #SU-90-1 II . LAND USE Land use in the area is almost exclusively residential. The site itself is currently undeveloped. The Garrison Creek Park, a City park, is located to the east of the site. III . SITE AND AREA HISTORY The subject property was annexed into the City in 1986 as part of the Ryan Annexation. The current zoning of the property was established at that time. IV. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A final Mitigated Declaration of Nonsignificance (DNS) (#ENV-89-112) was originally issued on January 5, 1990 . Due to a clerical error, a revised DNS was issued on February 20, 1990 subject to the following conditions: 1. Provide field survey by a licensed land surveyor and locate stream and its respective top of bank and provide easement for drainage and recreational purposes to the City for same. The recreational portion of said easement shall be limited to the lower portions of the ravine. The exact location shall be determined by the Public Works Department after submittal of the respective as-built survey. 2 . Execute S . 224th Street Corridor participation agreement to mitigate the traffic impacts associated with the development. 3 . Complete a detailed analysis of the off-street drainage system on S. 218th Street to determine if it can handle the drainage from the subject property. Off site improvements thereto may be necessary. Outletting to other than the S. 218th Street system will require furnishing the City with the appropriate easements and constructing the proper drainage improvements. 4 . Drainage shall outlet to a non-erosive point. 2 Staff Report Garrison Creek II #SU-90-1 5. Water service from Soos Creek Sewer and Water District will be required to service the lots due to a lack of pressure availability from the City system. 6. Obtain City approval of detailed engineering drawings and either construct the following improvements or provide a performance bond for same: A. Storm Drainage: a. Construct the necessary improvements to the drainage system in S. 218th Street so that it can accommodate the runoff from the proposed project. b. Provide biofiltration of storm water. C. Provide on-site detention of storm water runoff. d. Construct the improvements required under Condition 4, above. B. Streets: a. Improve the south half of S. 218th Street with curb, gutter, sidewalk, street lighting, storm drainage and pavement (18-feet wide half street width) . 7 . The developer shall conduct a traffic study to identify all traffic impacts upon the City of Kent road network and traffic signal system. The study shall identify all intersections at level-of-service "E" or 'IF" due to increased traffic volumes from the development. These intersections are at a threshold level for traffic mitigation. The study shall then identify what improvements are necessary to mitigate the development impacts thereon. Upon agreement by the City with the findings of the study and the mitigation measures outlined in the study, implementation and/or construction of said mitigation measures shall be the conditional requirement of the issuance of the respective development permits. 3 Staff Report Garrison Creek II #SU-90-1 In lieu of conducting the above traffic study, constructing and/or implementing the respective mitigation measures hereby, the developer may agree to the following conditions to mitigate the traffic impacts resulting from the proposed addition. A. The developer shall execute an environmental mitigation agreement to financially participate and pay a fair share of the costs associated with the construction of the South 224th/228th Street corridor project. The minimum benefit to the above development is estimated at $9, 684 based on 9 PM peak hour trips entering and leaving the site and the capacity of the South 224th/228th Street corridor. The execution of this agreement will serve to mitigate traffic impacts to the above mentioned intersection and road system by committing funding for the South 224th/228th Street corridor, which will provide additional capacity for traffic volumes within the area of the above mentioned development . 8 . The applicant shall provide a comprehensive, accurate tree plan for all trees on-site of 6" caliper or greater in conjunction with submission of the preliminary plat application. Trees identified for preservation by the Planning Department shall be identified and protected during grading or construction on the site by means deemed appropriate by the Planning Department. 9 . The applicant shall submit a slope and site analysis that includes the proposed configuration of the plat in order to identify the suitability of each lot for future development. The applicant shall verify that each lot will have an adequate building area that meets the criteria established in the Kent Zoning Code for Hazard Area Development, Solar Access and View Regulations. Said analysis shall be provided with the preliminary plat application. 10. The final mylar for the subdivision shall bear a notation stating that no construction or removal of trees shall be permitted within 75 feet of the top of the bank as identified on lots 6 , 7 and 8 . 4 Staff Report Garrison Creek II #SU-90-1 B. Significant Natural Features Topography and Vegetation The subdivision site is situated on a generally southern facing slope. The topography of the majority of site varies with an average slope of 16 percent. Garrison Creek is located approximately 100 feet south of the site. The slope sharply declines at the southeast corner of the property (40%) , descending into Garrison Creek at the bottom of the ravine. The property is densely wooded with mostly alder trees and has a significant amount of undergrowth vegetation. C. Significant Social Features 1. Street System The lots will have access to proposed 95th Place S. via S . 218th Street. South 218th Street is classified as a local arterial and has a public right-of-way width of 60 feet. The actual width of paving is 24 feet. The street is not improved with curbs and gutters. Traffic mitigation conditions have already been determined as part of the SEPA review process. South 218th Street will be improved at that portion of the street adjacent to the subject property. Improvements will include street lighting, curbs, gutters and sidewalks. 2 . Water System The City water main at this location has inadequate pressure. Water service to all lots will be provided by the Soos Creek Sewer and Water District. Main size shall be sufficient to provide required fire and domestic flows. All utility improvements are subject to City of Kent standards. 3 . Sanitary Sewer System There is an existing eight-inch sewer main in S. 218th Street, adjacent to the subject property, available to serve future residential development. 5 Staff Report Garrison Creek II #SU-90-1 4 . Storm Water System Detailed plans of the storm drainage improvements will be required as part of the plat approval . 5. LID' s No LIDS are pending for this proposal. V. COMPREHENSIVE PLAN The City of Kent first adopted a City-wide Comprehensive Land Use Plan in 1969 . The goals, objectives and policies of the Comprehensive Plan represent an expression of community intentions and aspirations concerning the future of Kent and the area within the Sphere of Interest. The Comprehensive Plan is used by the Mayor, City Council, City Administrator, Planning Commission, Hearing Examiner and City departments to guide growth, development and spending decisions. Residents, land developers, business representatives and others may refer to the plan as a statement of the City' s intentions concerning future development. The City of Kent has also adopted a number of sub-area plans that address specific concerns of certain areas of the City. Like the City-wide Plan, the sub-area plans serve .as policy guides for future land use in the City of Kent. This area is served by the East Hill sub-area plan. The following is a review of these plans as they relate to the subject property. CITY-WIDE COMPREHENSIVE PLAN The City-wide Comprehensive Plan is made up of two entities, the Comprehensive Plan Map and the written goals, objectives and policies. The Comprehensive Plan Map designates the site as SF, Single Family. HOUSING ELEMENT OVERALL GOAL: ASSURE A DECENT HOME AND SUITABLE LIVING ENVIRONMENT FOR FAMILIES DESIRING TO LIVE IN KENT. GOAL 2 : Guide new residential development into areas where the needed services and facilities are available, and in a manner which is compatible with existing residential neighborhoods. 6 Staff Report Garrison Creek II #SU-90-1 Objective 2 : Permit new residential development on the East and West Hills as the necessary facilities and services are available. Planning Department Comment: This Comprehensive Plan goal and objective establishes the City policy of encouraging development of new single-family housing. A major distinction in types of housing units is that between multifamily and single-family units. In recent years, multifamily development has far outpaced single-family construction. If approved, this proposal will make available eight single- family residential lots. This will encourage the production of single-family dwellings and help to restore a balance in the mix of single-family and multifamily housing types. Objective 3 : Guide new residential growth so that it occurs in a responsible manner, consistent with neighborhood objectives. Planning Department Comment: This objective supports the policy which encourages in-fill development of areas already served by utilities and transportation systems to achieve maximum efficiency in the provision of services and preservation of natural features. The subject site is an area where existing residential development has already necessitated the extension of water and sewer service and the construction of other public improvements in the area. If approved, the Garrison Creek II Subdivision would provide for in-fill development in an area that is serviced by the City and the Soos Creek Water and Sewer District. GOAL 4 : Assure environmental quality in residential areas. Objective 1: Preserve and maintain as much of the natural environment as possible. Policy 2 : Require site design to conserve natural features, such as streams, steep slopes, trees, and wetlands. 7 Staff Report Garrison Creek II #SU-90-1 Planning Department Comment: As a result of a SEPA condition, the applicant must submit a tree plan that shows the location of existing trees on the site in relation to the proposed lots. The trees located in the proposed street will necessarily have to be removed. The remaining trees will be retained for the benefit of future development. Further all trees located in the required 75 foot setback at the southeast corner of the property will be retained to help stabilize the slope and prevent slippage into Garrison Creek. EAST HILL PLAN As with the City-wide Comprehensive Plan, the East Hill has two components: the East Hill Plan Map, which designates the site as SF 6, Single Family with 4 to 6 units per acre, and the Goals, Objectives and Policies. HOUSING ELEMENT OVERALL GOAL: ASSURE PRESENT AND FUTURE EAST HILL RESIDENTS HOUSING THAT IS SAFE, OFFERS A DESIRABLE LIVING ENVIRONMENT, AND IS SUPPORTED BY ADEQUATE COMMUNITY FACILITIES AND SERVICES. GOAL 1: Residential development that is related to the availability of community facilities and services. Objective 1: When making decisions concerning land use, consider the adequacy of and impact upon roads and other public facilities and services including utilities, policy and fire protection, public transportation, schools and parks . Policy 1: Ensure that public facilities and services are available or will be available to support development at proposed densities. Policy 2 : Locate new single-family detached residential development in areas and at densities which permit roads, utilities, public transit, schools and other public facilities and services to be provided in an efficient and cost-effective manner. 8 Staff Report Garrison Creek II #SU-90-1 Planning Department Comment: The proposed subdivision may eventually result in the construction of eight single-family dwellings. Assuming 2 . 9 persons per household, an additional 23 . 2 persons would require City services as a result of development of the plat. Community facilities and services will be available to serve these persons. To ensure adequate fire flows to the site, water quantities and pressures in approved locations must meet Fire Department standards. Fire hydrants will be placed at the required 600 foot spacing. Street signage will be provided to assist City personnel (including police, fire and medical aid persons) to locate the development. VI. FEASIBILITY OF FUTURE DEVELOPMENT A. Zoning Code All future development on the proposed lots are subject to the development standards for the R1-20, single family, zoning district, the solar access setback regulations, view regulations and the tree preservation ordinance. The subdivision site is also subject to the Water Quality and Hazard Area Development standards (sec. 15. 08 .220) . Planning Department Comment: The subject property is located on the City's Hazard Areas Development Limitations Map which identifies areas in the City where development is constrained by certain environmental factors. The southeast corner of the site is designated as Ravine. Future construction must be setback 75 feet from the top of this ravine. Lots 6,7, and 8 are impacted by this requirement. Both the top of the bank and the required 75 foot setback have been identified on the submitted plat. These should remain on the final mylar with an additional notation stating that no structures or impervious surfaces shall be permitted in the setback area. The applicant should note that since the site is identified on the Hazard Areas Map, future construction on the individual lots would ordinarily require separate environmental review for each proposal . Environmental review for the subdivision itself does not cover future construction on individual lots. If the applicant chooses to construct homes on all lots simultaneously 9 Staff Report Garrison Creek II #SU-90-1 then a single environmental review for the entire subdivision is possible. The Hazard Areas standards regulate the amount of impervious surfaces allowed on a lot having known physical constraints. Future development of impervious surfaces on lots located in identified low hazard areas will be limited to a maximum of 300 (impervious surface) site coverage. The site generally slopes down from east to west at approximately 16 percent. Portions of the site appear to be much steeper than this. The portions of the subject property that are classified as Hazard Areas, as defined by the Kent Zoning Code) should be determined by the applicant and a plan showing these areas should be submitted to the Planning Department to verify that the lots are suitable for single-family development. Development on all lots in the plat will be subject to the City' s View Regulations on Hillside Development. The City' s view regulations were designed to protect the external appearance of hillsides and to protect views themselves. Solar access setback regulations will apply to all lots. The purpose of the solar access setback provisions is to provide a reasonable amount of solar access to lots in the City so that the economic value of solar radiation falling on those properties will be preserved and the option to use solar energy will be encouraged. Any structures built on the lots in a residential zone must maintain solar access to the adjacent lots to the north. The applicant should note that because of the varied slopes of the subject property, adequate north/south dimensions may not be available on all of the proposed lots to build structures taller than a single story. The Kent Parks Department should be consulted to determine if any easements on the subject property are necessary for the Garrison Creek Trail . The Fire Department has indicated that if any access (i. e. , public rights-of-way, private driveways) is more than 150 feet from a fire hydrant and exceeds 12 percent slopes, the structures must be sprinklered. B. Subdivision Code The purpose of the City of Kent Subdivision Code is to provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, ensuring that the 10 Staff Report Garrison Creek II #SU-90-1 highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be ensured; that proper provisions for all public facilities (including circulation, utilities, and services) shall be taken into consideration; that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan shall be ensured. Planning Department Comment: The proposed plat is in general conformance with the regulations of the Subdivision Code. Streets conform to the circulation pattern established in the area and all proposed sewers, water mains, and other utilities will comply with applicable City requirements. The proposed subdivision is subject to the criteria established for hillside subdivisions. Section 3 . 1. 10 (d) states that in the steeper portions of the site, lots may be required to be larger than the minimum lot size established in the Zoning Code. The size of proposed lots 6 and 7 have been increased sufficiently to accommodate the steep terrain and ravine. It appears that adequate building pads will be provided on these and the remaining lots, notwithstanding the requirements for view protection and solar access. VII . MEETINGS CORRESPONDENCE, AND LEGAL NOTICES A tentative plat meeting with the applicant and members of the subdivision committee was held on October 5, 1989 . All appropriate comments and concerns have been included in this report. VIII . CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: City Administrator City Attorney Director of Public Works Chief of Police Parks & Recreation Director Fire Chief Building Official city Clerk 11 Staff Report Garrison Creek II #SU-90-1 In addition to the above, all persons owning property which lies within 300 feet of the site were notified of the application and of the March 7, 1990 public hearing. Staff comments have been incorporated in the staff report where applicable. IX. PLANNING DEPARTMENT REVIEW The Planning Department has reviewed this application in relation to the Comprehensive Plan, East Hill Plan, Subdivision Code, Zoning Code, land use, the street system, and comments from other departments and finds that: A. The City-wide Comprehensive Plan Map designates the site as SF, Single-Family Residential. B. The East Hill Comprehensive Plan Map designates the site as SF, Single-Family Residential. C. The site is presently zoned R1-201 Single-family Residential , 20, 000 square feet minimum lot size. D. All eight lots meet or exceed the minimum lot size specified in the development standards for the R1-20, Single-family Residential , zoning district. E. Land use in the area is predominantly single-family residential . Garrison Creek Park is located to the east of the site. F. The subdivision will have access to S. 218th Street. X. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a preliminary plat, the City staff recommends approval with the following conditions: Planning Department Conditions: A. The applicant shall include on the final mylar an additional notation stating that no structures or impervious surfaces shall be permitted in the 75 foot setback area at the top of the ravine. 12 Staff Report Garrison Creek II #SU-90-1 B. Residential Sprinkler systems will be required of all future construction, if any access to the subject lots (i.e. , public rights-of-way, private driveways) exceeds a grade 12 percent. Public Works Department Conditions: A. Prior to Recordation of Plat: 1. obtain City approval of detailed engineering drawings and either construct the following improvements or provide a performance bond for same: a. Improve all internal streets to City standards including asphalt pavement (minimum with 28 feet) , curb and gutter, sidewalks, street lighting, storm drainage facilities, street name signs, underground utilities, and related appurtenances. cul-de-sac shall have a minimum paved radius of 45 feet. b. Provide gravity sanitary sewer service to all lots. C. Provide public water system which will meet domestic and fire flow requirements. Utilities shall be extended a snecessary to provide for the future servicing of adjacent properties. d. Dedicate all necessary right of way and grant all necessary easements to the City to provide for the construction, operation, and maintenance of the above facilities . e. Execute a no protest LID covenant for the future widening and improvement of S. 218th Street to City standards. B. Prior to the Issuance of a Development Permit on Any Lot Within the Subdivision. 1. Construct all the improvements noted above. KENT PLANNING DEPARTMENT February 26, 1990 13 City of Kent Planning Department U-) C) C:) ------------------ LLJ 1----------- T ------- --------------- LLJ c 222ND ST --------------- ■ APPLICATION NAME: Garrison Creek 11 NUMBER: SU-90-1 DATE: March 7, 1990 REQUEST: Preliminary Plat LEGEND ........... Application site VICINITY MAP Zoning boundary m m m City limits City of Kent - Planning Department i qp'f - a,--- -- — — L --f( -- 1 — — -- ---- — =--- 1 2 3 R- or 1 21 PLACE ~ L-Or b/ - !-! id S L- -Y 14r --- B L- L-W P. !I 1L F L' ■- 7 n-r = 2 L-r --- 4 _ . w Ik- a _ L-W L- at qi L �v' / OF G —J .--- !!�L 7 ' A ab 26 I I_ I p APPLICATION NAME: Garrison Creek II NUMBER: SU-90-1 DATE: March 7, 1990 REQUEST: Preliminary Plat LEGEND Application site SITE PLAN Zoning boundary City limits '� City of Kent - Planning Department a � o X. o _ t� \ o J JI Q i \ /' \ APPLICATION NAME: Garrison Creek II NUMBER: SU-90-1 DATE: March 7, 1990 REQUEST: Preliminary Plat LEGEND Application site ZONING / TOPOGRAPHY MAP Zoning boundary City limits -'� Kent City Council Meeting Date May 1, 1990 F Category Other Business H r�lGtCt" A2 w"V`_- ' __" `C 1. SUBJECT: E OL :XET PP VIN S UTI OF NO C E PC R TI N O 5� 1E F E E E N F H&�S; C E S, C. 2 . SUlQ4ARY STATE IT: y The Kent Economic Development Corporation took official action to issue non-recourse revenue bonds for up to $850, 000 to provide funds for H&S Machine Works, Inc. It is necessary for the City of Kent to approve the Economic Development Corporation Resolution adopted on April 20, 1990 3 . EXHIBITS: Resolutions 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, C. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO /L YES FISCAL/PERSONNEL NOTE: Recommended,;' Not Recommended 6. EXPENDITURE REQUIRED: $ .. SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: l� �d Councilmember 1+C- moved, r � seconaQ tee to adopt Resolution No. �a approving the Resolution of e Board of Directors of the City of Kent Economic Development Corporation adopted on April 20, 1990 as relates to the H&S Machine Works, Inc. DISCUSSION• ACTION• Council Agenda Item No. 4B RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, approving Resolution No.l??L.47 of the Board of Directors of the City of Kent Economic Development Corporation, adopted on 1990. WHEREA , the Board of Directors of the City of Kent Economic Development Corporation (the "Development Corporation") at a special // meeting held on 1.�� a�', 1990 adopted Resolu- tion N(�V�? �/ stating the intent of the Development Corporation to issue approximately $850, 000 of industrial development revenue bonds for the benefit of Heinz and Renate Streng, shareholders of H & S Machine Works, Inc. , a Washington corporation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENT, as follows: � Section 1. Resolution No./�c /�'').`/' of the Board of Directors of the City of Kent Economic Development Corporation, a copy of which is attached hereto, identified as Exhibit A, and incorporated in full by this reference, is hereby approved. Section 2 . This resolution shall take effect immediately from and after its adoption. ADOPTED by the City Council of the City of Kent this day of , 1990. CITY OF KENT Mayor Attest: Clerk Exhibit A RESOLUTION NO. A RESOLUTION of the Board of Directors of the City of Kent Economic Development Corporation taking official action with respect to the issuance of its nonrecourse revenue bonds in the amount of up to $850, 000 to provide funds to finance the acquisition, construction and equipping of manufacturing facilities for Heinz and Renate Streng WHEREAS , pursuant to Chapter 300 , Laws of Washington 1981, codified as Chapter 39 .84 RCW, as amended (the "Act") , Ordinance No. 2419 (the "Ordinance") , of the City Council of the City of Kent (the "City") and the Charter of the City of Kent Economic Development Corporation (the "Development Corporation") , the Development Corporation is authorized to issue its nonrecourse revenue bonds to finance industrial development facilities (as defined in the Act) under the conditions and limitations set forth in the Act; and WHEREAS, Heinz and Renate Streng, shareholders of H & S Machine Works, Inc. , a Washington corporation (the "Borrower") , intend to undertake a project consisting of the acquisition, construction and equipping of manufacturing facilities, fully described in Exhibit 1 hereto (the "Project") within the bounda- ries of the City, which Project constitutes an industrial development facility under the Act; and WHEREAS, the Board of Directors of the Development Corpora- tion deems it advisable for the Development Corporation (i) to A-1 UZSI\20093-00.001 ftpRe issue its nonrecourse revenue bonds (the "Bonds") for the purpose of financing the Project and (ii) to enter into contracts and ,agreements with the Borrower whereunder the Borrower will provide money sufficient to pay the principal of, premium, if any, and interest on such Bonds; Now, Therefore, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF KENT ECONOMIC DEVELOPMENT CORPORATION, as follows: Section 1. It is hereby determined that (a) the purchase of the Project and its operation as an industrial development facility; (b) the issuance of up to $850 , 000 principal amount of the Bonds of the Development Corporation to finance all or a portion of the costs of the Project, such costs presently estimated not to exceed $850, 000 ; and (c) the execution and delivery of such contracts and agreements with the Borrower as are necessary to provide for the payment by the Borrower of amounts sufficient to pay the principal of, premium, if any, and interest on the Bonds, together with certain costs of the Development Corporation, will all be in furtherance of the Act, the Ordinance and the Charter of the Development Corporation. Section 2 . The Development Corporation presently intends to authorize the issuance and sale of the Bonds pursuant to the provisions of the Act when and if requested to do so by the Borrower and hereby expresses its present approval of such issuance and sale. This resolution is not intended to legally bind the Development Corporation to authorize, issue or sell the Bonds. A-2 K\ZSIV20093-00.001 W ppRe Section 3 . The Bonds shall not constitute a debt of the State of Washington, the City of Kent, or any other municipal corporation, quasi-municipal corporation, subdivision, or agency of the State of Washington or constitute a pledge of any or all of the full faith and credit of any such entities. The Bonds will be payable solely from revenue derived as a result of the Project and security provided by the Borrower. Section 4 . The authorization, issuance and sale of the Bonds by the Development Corporation contained herein are subject to the following conditions: (a) The Bonds shall be payable solely from money received from and security provided by the Borrower; (b) The Borrower shall enter into such contracts and agreements with the Development Corporation as shall be necessary to secure payment of the principal of, premium, if any, and interest on the Bonds as and when the same shall become due and payable; (c) On or before two (2) years from the date hereof (or such later date as shall be mutually satisfactory to the Development Corporation and the Borrower) the Development Corpo- ration and the Borrower shall have agreed to mutually acceptable terms and conditions of the contracts and agreements referred to in Paragraph (b) of this section; (d) The Borrower shall be responsible for obtaining a purchaser or purchasers for the Bonds; A—3 V-\ZS1120093-00.001�AppRa (e) The Project is determined to be consistent with policies and objectives of the Port; and (f) The Development Corporation shall have received a preliminary opinion of the Development Corporation's Bond Counsel that the Bonds may be issued as tax-exempt obligations pursuant to the provisions of the federal Internal Revenue Code of 1986, as amended, and applicable regulations thereunder; (g) The Borrower shall have executed an Agreement to indemnify the Development Corporation and the City of Kent and to pay all costs and expenses incurred by the Development Corporation and the City with respect to the Project and the Bonds, whether or not the Bonds are issued. The agreement shall be in such form as is hereafter approved by the Development Corporation; and (h) The Borrower shall obtain all requisite governmental approvals required under the Act. Section 5 . The proper officials of the Development Corpora- tion are hereby authorized to take such further action as is necessary to carry out the intent and purposes hereof and to issue the Bonds upon the terms and conditions and for the purposes stated herein and in compliance with applicable provisions of law. Section 6. The Development Corporation, by adopting this Resolution or by taking any other action in connection with the Project or the Bonds (including the issuance thereof) , does not and cannot provide any assurance that the Project or the Borrower A-4 K:\ZS1V0093-00M I yAppRes is financially viable or sound, that amounts owing on the Bonds will be paid, or that any collateral which may be pledged to secure the Bonds would be sufficient to repay holders of such Bonds in the event of default or foreclosure; and neither the Borrower nor any prospective purchaser of the Bonds nor any other person shall rely upon the Development Corporation with respect to such matters. Section 7 . It is intended that, as to the Project to be financed from the proceeds of the Bonds, this resolution shall constitute an official action of the Development Corporation, including, without limitation, the "other similar official action" referred to in Paragraph 1. 103-8 (a) (5) (ii) and (iii) of the federal Income Tax Regulations. ADOPTED by the Board of Directors of the City of Kent Economic Development Corporation this L? day of i 1990. CITY OF KENT ECONOMIC DEVELOPMENT CORPORATION President ATTEST: Secretary [DEVELOPMENT CORPORATION SEAL] A-5 KAZZ20093-00.00 MppRg EXHIBIT 1 TO RESOLUTION NO. Project Description The Project consists of the acquisition, construction and equipping of manufacturing facilities for the manufacturing of aircraft, photo, tunnel-drilling, medical and measuring equipment parts. The Project will be located at Southcenter Corporate Park, Lot 20, Block 1, Volume 114 pg 46 of Plats, King County in the City of Kent. The Project will require the acquisition and installation of new and existing utilities and other things necessary in connection with the foregoing general description. A-6 KAZ%20093-00.00I V+ppRe CERTIFICATE I, the undersigned, Clerk of the City Council of the City of Kent (herein called the "City") , DO HEREBY CERTIFY: 1. That the attached resolution numbered (herein called the "Resolution") is a true and correct copy of a resolution of the City as adopted at a regular meeting of the City Council held on 1990, and duly recorded in my office. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the City Council voted in the proper manner for the adoption of the Resolution; that all other requirements and proceedings incident to the proper adoption of the Resolution have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Kent this day of 1990. City Clerk [CITY SEAL] RESOLUTION NO. tg90 -q J A RESOLUTION of the Board of Directors of the City of Kent Economic Development Corporation taking official action with respect to the issuance of its nonrecourse revenue bonds in the amount of up to $850, 000 to provide funds to finance the acquisition, construction and equipping of manufacturing facilities for Heinz and Renate Streng WHEREAS , pursuant to Chapter 300, Laws of Washington 1981, codified as Chapter 39 . 84 RCW, as amended (the "Act") , Ordinance No. 2419 (the "Ordinance") , of the City Council of the City of Kent (the "City") and the Charter of the City of Kent Economic Development Corporation (the "Development Corporation") , the Development Corporation is authorized to issue its nonrecourse revenue bonds to finance industrial development facilities (as defined in the Act) under the conditions and limitations set forth in the Act; and WHEREAS, Heinz and Renate Streng, shareholders of H & S Machine Works, Inc. , a Washington corporation (the "Borrower") , intend to undertake a project consisting of the acquisition, construction and equipping of manufacturing facilities, fully described in Exhibit 1 hereto (the "Project") within the boundaries of the City, which Project constitutes an industrial development facility under the Act; and WHEREAS, the Board of Directors of the Development Corporation deems it advisable for the Development Corporation (i) to issue its nonrecourse revenue bonds (the "Bonds") for the purpose of financing the Project and (ii) to enter into contracts and agreements with the Borrower whereunder the Borrower will provide money sufficient to pay the principal of, premium, if any, and interest on such Bonds ; Now, Therefore, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF KENT ECONOMIC DEVELOPMENT CORPORATION, as follows : Section 1. It is hereby determined that (a) the purchase of the Project and its operation as an industrial development facil- ity; (b) the issuance of up to $850, 000 principal amount of the Bonds of the Development Corporation to finance all or a portion of the costs of the Project, such costs presently estimated not to exceed $850, 000; and (c) the execution and delivery of such contracts and agreements with the Borrower as are necessary to provide for the payment by the Borrower of amounts sufficient to pay the principal of, premium, if any, and interest on the Bonds, together with certain costs of the Development Corporation, will all be in furtherance of the Act, the Ordinance and the Charter of the Development Corporation. Section 2 . The Development Corporation presently intends to authorize the issuance and sale of the Bonds pursuant to the provisions of the Act when and if requested to do so by the Borrower and hereby expresses its present approval of such issuance and sale. This resolution is not intended to legally bind the Development Corporation to authorize, issue or sell the Bonds. Section 3 . The Bonds shall not constitute a debt of the State of Washington, the City of Kent, or any other municipal corporation, quasi-municipal corporation, subdivision, or agency -2— KAZ51\20093-00,001\OARe of the State of Washington or constitute a pledge of any or all of the full faith and credit of any such entities. The Bonds will be payable solely from revenue derived as a result of the Project and security provided by the Borrower. Section 4 . The authorization, issuance and sale of the Bonds by the Development Corporation contained herein are subject to the following conditions: (a) The Bonds shall be payable solely from money received from and security provided by the Borrower; (b) The Borrower shall enter into such contracts and agreements with the Development Corporation as shall be necessary to secure payment of the principal of, premium, if any, and interest on the Bonds as and when the same shall become due and payable; (c) On or before two (2) years from the date hereof (or such later date as shall be mutually satisfactory to the Develop- ment Corporation and the Borrower) the Development Corporation and the Borrower shall have agreed to mutually acceptable terms and conditions of the contracts and agreements referred to in Para- graph (b) of this section; (d) The Borrower shall be responsible for obtaining a purchaser or purchasers for the Bonds ; (e) The Project is determined to be consistent with policies and objectives of the Port; and (f) The Development Corporation shall have received a preliminary opinion of the Development Corporation's Bond Counsel -3— K%ZSR20093-00.00 I%OARe that the Bonds may be issued as tax-exempt obligations pursuant to the provisions of the federal Internal Revenue Code of 1986, as amended, and applicable regulations thereunder; (g) The Borrower shall have executed an Agreement to indemnify the Development Corporation and the City of Kent and to pay all costs and expenses incurred by the Development Corporation and the City with respect to the Project and the Bonds, whether or not the Bonds are issued. The agreement shall be in such form as is hereafter approved by the Development Corporation; and (h) The Borrower shall obtain all requisite governmental approvals required under the Act. Section 5 . The proper officials of the Development Corpora- tion are hereby authorized to take such further action as is necessary to carry out the intent and purposes hereof and to issue the Bonds upon the terms and conditions and for the purposes stated herein and in compliance with applicable provisions of law. Section 6 . The Development Corporation, by adopting this Resolution or by taking any other action in connection with the Project or the Bonds (including the issuance thereof) , does not and cannot provide any assurance that the Project or the Borrower is financially viable or sound, that amounts owing on the Bonds will be paid, or that any collateral which may be pledged to secure the Bonds would be sufficient to repay holders of such Bonds in the event of default or foreclosure; and neither the Borrower nor any prospective purchaser of the Bonds nor any other person shall rely upon the Development Corporation with respect to such matters. -4— KAZZ20093-00.00 I\OARe Section 7 . It is intended that, as to the Project to be financed from the proceeds of the Bonds, this resolution shall constitute an official action of the Development Corporation, including, without limitation, the "other similar official action" referred to in Paragraph 1. 103-8 (a) (5) (ii) and (iii) of the federal Income Tax Regulations. ADOPTED by the Board of Directors of the City of Kent Economic Development Corporation this `� day of 1990. (y CITY OF KENT ECONOMIC DEVELOPMENT CORPORATION P esi ent ATTEST: t Secretary [DEVELOPMENT CORPORATION SEAL) -5- K:\ZSIU0093-00.00I\OARw EXHIBIT 1 TO RESOLUTION NO. / Project Description The Project consists of the acquisition, construction and equipping of manufacturing facilities for the manufacturing of aircraft, photo, tunnel-drilling, medical and measuring equipment parts. The Project will be located at Southcenter Corporate Park, Lot 20, Block 1, Volume 114 pg 46 of Plats, King County in the City of Kent. The Project will require the acquisition and installation of new and existing utilities and other things necessary in connection with the foregoing general description. 1-1 K\ZS\20093-00.001\OARe CERTIFICATE I, the undersigned, Secretary of the Board of Directors of the City of Kent Economic Development Corporation (herein called the "Development Corporation") , DO HEREBY CERTIFY: 1. That the attached resolution numbered (herein called the "Resolution") is a true and correct copy of a resolution of the Development Corporation as adopted at a meeting of the Board of Directors of the Development Corporation held on 1990, and duly recorded in my office. 2 . That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Board of Directors voted in the proper manner for the adoption of the Resolution; that all other require- ments and proceedings incident to the proper adoption of the Resolution have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Development Corporation this 0 day of 1990 . .A l L- -Secretary [DEVELOPMENT CORPORATION SEAL] Kent City Council Meeting Date May 1, 1990 &V Category Other Business 1. SUBJECT: %APP VI KE EC MIC VELD EN O O S LU I N S O V E DS FR E BA FAM Y TN SHIP ) 2 . SUMMARY STATEMENT: The Kent Economic Development Corporation took official action to issue non-recourse revenue bonds for up to $3 million to provide funds for the Baer Family Partnership. It is necessary for the City of Kent to approve the Economic Development Corporation Resolution adopted on April 20, 1990. 3 . EXHIBITS: Resolutions i 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, tc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY CO UNCIL ACTION: Councilmember move, Councilmember secondfld (- e P�DfiD� Larna� to adopt Resolution No. r g approving the Resolution o e Board of Directors of the City of Kent Economic Development Corporation adopted on April 20, 1990 as relates to the Baer Family Partnership. -— DISCUSSION: ACTION: Council Agenda Item No. 4C RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, approving Resolution NoI994 -W of the Board of Directors of the City of Kent Economic Development Corporation, adopted on April 20, 1990. WHEREAS, the Board of Directors of the City of Kent Economic Development Corporation (the "Development Corporation") at a special meeting held on April 20, 1990 adopted Resolution No. stating the intent of the Development Corporation to issue approximately $3, 000, 000 of industrial development revenue bonds for the benefit of the Baer Family Partnership, a Washington partnership; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENT, as follows: Section 1. Resolution No.NYO �`�9�'of the Board of Directors of the City of Kent Economic Development Corporation, a copy of which is attached hereto, identified as Exhibit A, and incorporated in full by this reference, is hereby approved. Section 2 . This resolution shall take effect immediately from and after its adoption. ADOPTED by the City Council of the City of Kent this day of , 1990 . CITY OF KENT Mayor Attest: Clerk Exhibit A RESOLUTION NO. A RESOLUTION of the Board of Directors of the City of Kent Economic Development Corporation taking official action with respect to the issuance of its nonrecourse revenue bonds in the amount of up to $3 , 000, 000 to provide funds to finance the acquisition, construction and equipping of manufacturing facilities for the Baer Family Partnership WHEREAS, pursuant to Chapter 300, Laws of Washington 1981, codified as Chapter 39 . 84 RCW, as amended (the "Act") , Ordinance No. 2419 (the "Ordinance") , of the City Council of the City of Kent (the "City") and the Charter of the City of Kent Economic Development Corporation (the "Development Corporation") , the Development Corporation is authorized to issue its nonrecourse revenue bonds to finance industrial development facilities (as defined in the Act) under the conditions and limitations set forth in the Act; and WHEREAS, the Baer Family Partnership, a Washington partnership (the "Borrower") , intends to undertake a project consisting of the acquisition, construction and equipping of manufacturing facilities, fully described in Exhibit 1 hereto (the "Project") within the boundaries of the City, which Project constitutes an industrial development facility under the Act; and A-1 DOT222 90/04/16 WHEREAS, the Board of Directors of the Development Corpora- tion deems it advisable for the Development Corporation (i) to issue its nonrecourse revenue bonds (the "Bonds") for the purpose of financing the Project and (ii) to enter into contracts and agreements with the Partnership whereunder the Partnership will provide money sufficient to pay the principal of, premium, if any, and interest on such Bonds; Now, Therefore, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF KENT ECONOMIC DEVELOPMENT CORPORATION, as follows: Section 1. It is hereby determined that (a) the purchase of the Project and its operation as an industrial development 'facility; (b) the issuance of up to $3 , 000 ,000 principal amount of the Bonds of the Development Corporation to finance all or a portion of the costs of the Project, such costs presently estimated not to exceed $31oo0, 0oo; and (c) the execution and delivery of such contracts and agreements with the Partnership as are necessary to provide for the payment by the Partnership of amounts sufficient to pay the principal of, premium, if any, and interest on the Bonds, together with certain costs of the Development Corporation, will all be in furtherance of the Act, the Ordinance and the Charter of the Development Corporation. Section 2 . The Development Corporation presently intends to authorize the issuance and sale of the Bonds pursuant to the provisions of the Act when and if requested to do so by the Partnership and hereby expresses its present approval of such A_2 DOT222 90/04/16 issuance and sale. This resolution is not intended to legally bind the Development Corporation to authorize, issue or sell the Bonds. Section 3 . The Bonds shall not constitute a debt of the State of Washington, the City of Kent, or any other municipal corporation, quasi-municipal corporation, subdivision, or agency of the State of Washington or constitute a pledge of any or all of the full faith and credit of any such entities. The Bonds will be payable solely from revenue derived as a result of the Project and security provided by the Partnership. Section 4 . The authorization, issuance and sale of the Bonds by the Development Corporation contained herein are subject to the following conditions: (a) The Bonds shall be payable solely from money received from and security provided by the Partnership; (b) The Partnership shall enter into such contracts and agreements with the Development Corporation as shall be necessary to secure payment of the principal of, premium, if any, and interest on the Bonds as and when the same shall become due and payable; (c) On or before two (2) years from the date hereof (or such later date as shall be mutually satisfactory to the Development Corporation and the Partnership) the Development Corporation and the Partnership shall have agreed to mutually A_3 DOT222 90/04/16 RESOLUTION NO./�YW A RESOLUTION of the Board of Directors of the City of Kent Economic Development Corporation taking official action with respect to the issuance of its nonrecourse revenue bonds in the amount of up to $3, 000, 000 to provide funds to finance the acquisition, construction and equipping of manufacturing facilities for the Baer Family Partnership WHEREAS, pursuant to Chapter 300, Laws of Washington 1981, codified as Chapter 39 .84 RCW, as amended (the "Act") , Ordinance No. 2419 (the "Ordinance") , of the City Council of the City of Kent (the "City") and the Charter of the City of Kent Economic Development Corporation (the "Development Corporation") , the Development Corporation is authorized to issue its nonrecourse revenue bonds to finance industrial development facilities (as defined in the Act) under the conditions and limitations set forth in the Act; and WHEREAS, the Baer Family Partnership, a Washington partnership (the "Partnership") , intends to undertake a project consisting of the acquisition, construction and equipping of manufacturing facilities, fully described in Exhibit 1 hereto (the "Project") within the boundaries of the City, which Project constitutes an industrial development facility under the Act; and WHEREAS, the Board of Directors of the Development Corpora- tion deems it advisable for the Development Corporation (i) to issue its nonrecourse revenue bonds (the "Bonds") for the purpose of financing the Project and (ii) to enter into contracts and agreements with the Partnership whereunder the Partnership will provide money sufficient to pay the principal of, premium, if any, and interest on such Bonds; Now, Therefore, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF KENT ECONOMIC DEVELOPMENT CORPORATION, as follows: Section 1. It is hereby determined that (a) the purchase of the Project and its operation as an industrial development facility; (b) the issuance of up to $3 , 000, 000 principal amount of the Bonds of the Development Corporation to finance all or a portion of the costs of the Project, such costs presently estimated not to exceed $310001000; and (c) the execution and delivery of such contracts and agreements with the Partnership as are necessary to provide for the payment by the Partnership of amounts sufficient to pay the principal of, premium, if any, and interest on the Bonds, together with certain costs of the Development Corporation, will all be in furtherance of the Act, the Ordinance and the Charter of the Development Corporation. Section 2 . The Development Corporation presently intends to authorize the issuance and sale of the Bonds pursuant to the provisions of the Act when and if requested to do so by the Partnership and hereby expresses its present approval of such issuance and sale. This resolution is not intended to legally 2- DOT223 90/04/16 bind the Development Corporation to authorize, issue or sell the Bonds. Section 3 . The Bonds shall not constitute a debt of the State of Washington, the City of Kent, or any other municipal corporation, quasi-municipal corporation, subdivision, or agency of the State of Washington or constitute a pledge of any or all of the full faith and credit of any such entities. The Bonds will be payable solely from revenue derived as a result of the Project and security provided by the Partnership. Section 4 . The authorization, issuance and sale of the Bonds by the Development Corporation contained herein are subject to the following conditions: (a) The Bonds shall be payable solely from money received from and security provided by the Partnership; (b) The Partnership shall enter into such contracts and agreements with the Development Corporation as shall be necessary to secure payment of the principal of, premium, if any, and interest on the Bonds as and when the same shall become due and payable; (c) On or before two (2) years from the date hereof (or such later date as shall be mutually satisfactory to the Development Corporation and the Partnership) the Development Corporation and the Partnership shall have agreed to mutually acceptable terms and conditions of the contracts and agreements referred to in Paragraph (b) of this section; -3- D0T223 90/04/16 (d) The Partnership shall be responsible for obtaining a purchaser or purchasers for the Bonds; (e) The Project is determined to be consistent with policies and objectives of the City; and (f) The Development Corporation shall have received a preliminary opinion of the Development Corporation's Bond Counsel that the Bonds may be issued as tax-exempt obligations pursuant to the provisions of the federal Internal Revenue Code of 1986, as amended, and applicable regulations thereunder; (g) The Partnership shall have executed an Agreement to indemnify the Development Corporation and the City and to pay all costs and expenses incurred by the Development Corporation and the City with respect to the Project and the Bonds, whether or not the Bonds are issued. The agreement shall be in such form as is hereafter approved by the Development Corporation; and (h) The Partnership shall obtain all requisite governmental approvals required under the Act. Section 5 . The proper officials of the Development Corpora- tion are hereby authorized to take such further action as is necessary to carry out the intent and purposes hereof and to issue the Bonds upon the terms and conditions and for the purposes stated herein and in compliance with applicable provisions of law. Section 6 . The Development Corporation, by adopting this Resolution or by taking any other action in connection with the -4- DOT223 90/04/16 Project or the Bonds (including the issuance thereof) , does not and cannot provide any assurance that the Project or the Partnership is financially viable or sound, that amounts owing on the Bonds will be paid, or that any collateral which may be pledged to secure the Bonds would be sufficient to repay holders of such Bonds in the event of default or foreclosure; and neither the Partnership nor any prospective purchaser of the Bonds nor any other person shall rely upon the Development Corporation with respect to such matters . Section 7 . It is intended that, as to the Project to be financed from the proceeds of the Bonds, this resolution shall constitute an official action of the Development Corporation, including, without limitation, the "other similar official action" referred to in Paragraph 1. 103-8 (a) (5) (ii) and (iii) of the federal Income Tax Regulations. ADOPTED by the Board of Directors of the City of Kent Economic Development Corporation this 20th day of April, 1990. CITY OF KENT ECONOMIC DEVELOPMENT CORPORATION t resident ATTEST: r r SecretaXy __ 111 ._-,[DEVELOPMENT CORPORATION SEAL] -5- DOT223 90/04/16 EXHIBIT 1 TO RESOLUTION NO. 12 9L7 Project Description The Project consists of the acquisition, construction and equipping of a new processing plant and the acquisition of new meat processing equipment for the manufacturing of meat products for food service. The Project will be located at 7622 South 188th in the city of Kent. The Project will require the acquisition and installation of new and existing utilities and other things necessary in connection with the foregoing general description. _1_ DOT223 90/04/16 CERTIFICATE I, the undersigned, Secretary of the Board of Directors of the City of Kent Economic Development Corporation (herein called the "Development Corporation") , DO HEREBY CERTIFY: 1�d 1. That the attached resolution numbered _ (herein called the "Resolution") is a true and correct copy of a resolution of the Development Corporation as adopted at a meeting of the Board of Directors of the Development Corporation held on April 20, 1990, and duly recorded in my office. 2 . That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Board of Directors voted in the proper manner for the adoption of the Resolution; that all other requirements and proceedings incident to the proper adoption of the Resolution have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Development Corporation this 20th day of April, 1990 . ,-',Secretary [DEVELOPMENT CORPORATION SEAL] 1 Kent City Council Meeting Date May 1, 1990 Category Other Business 1. SUBJECT: EAST HILL PARK ACQUISITION 2 . SUMMARY STATEMENT: Authorization is requested to purchase a five acre parcel located north of S.E. 248th in the vicinity of 109th Avenue S.E. , to develop an East Hill neighborhood park. This ProP is Gcjrl'e-d Lj J :c 3 . EXHIBITS: Re 1 estate purchase and sales agreement 4 . RECOMMENDED BY: Parks Committee (Committee, S aff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL OTE: Recommended Not Recommended 6. EXPENDITURE RE UI : $295 000 plus closing costs SOURCE OF FUNDS: Ea t Hill park account 7 . CITY COUNCIL ACTION: e Councilmember kwt moved, Councilmember _l h second9d Q,r�c� -F e rnot,bn cad that the City purchase Tax Lot 241 in STR 20-22-05 for an Eas Hill Neighborhood Park in accordance with the purchase agreement entered into between the City and owner. e0"C(ImemheV (+err, n o+ed +V- ocf La sf 14i I 1 res; -e r\+S �. k_0PPLj GL10©afi - -bVJS Pa /� arc +fnaM -�� a /tc re w,(son �r bti S �-FForf-5. v� � yoi err Ket � c nnnn �ri� DISCUSSION: '{-®"� ��� �0 ( K- Uvl -t�\ ; 5EL4e- - ACTION: Council Agenda Item No. 4D REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION The undersigned Purchaser, City of Kent,/�grees toy r se and the �V• undersigned Sellers, Jack L. Martin and Dorothy Jean Martin, husband and wife, agree to sell , on the following terms, the property located at (see attached Exhibit A) , in the City of Kent, King County, Washington, legally described as follows: See attached This offer is contingent upon a existing sales and purchase agreements ,lam -Irht ✓-� executed by Jack L. and DD`"lothy Jean artin becoming null and void. This offer, if accepted by Seller, is contingent upon approval by Kent City Council . Should the Council not approve, all monies shall be returned and the offer is null and void. 1 . Purchase Price. The total purchase price is Two Hundred Ninety-Five Thousand Dollars ($295,000.00) . 2. Method of Payment. cne—half cast: at closing and One—half cash due January 10 , 1091 . 3. Condition of Title. Unless otherwise specified in this Agreement, title to the property is to be free of all encumbrances or defects, except that rights reserved in federal patents or state deeds, building or use restrictions general to the area, other than platting and subdivision requirements, and utility easements shall not be deemed encumbrances or defects. Encumbrances to be discharged by the Seller shall be paid by the Seller on or before closing. 4. Utilities. Seller warrants that the property is connected to X A. public water main B. well C. public sewer main D. septic tank E. none of the above 5. Fence. Purchaser to install chain link fence or comparable within two years of closing or building of a city �J�, park whichever occurs first. /� 6. Closing of the Sale. This sale shall be closed on September 1, 1990 or sooner by written agreement of the parties . This sale shall be closed by Robert Kuvara,Attorney. Purchaser and Seller shall, immediately upon /Y demand, deposit with closing agent all instruments and monies required to complete the purchase in accordance with �wk� this Agreement. 7 . Closing Costs and Proration. Seller and Purchaser shall each pay one-half of the escrow fees. Seller shall pay real estate excise tax. Taxes for the current year and all rents, utilities and other liens and charges shall be prorated as of closing. Seller shall pay those charges accruing to the date of closing on or before the date of closing. Seller shall pay for the cost of the title insurance. 8 . Possession. Purchaser shall be entitled to possession on closing. "Closing" means the date upon which all documents are recorded and the sale proceeds available to Seller. 9 . Default and Attorney' s Fees . If the Seller defaults in his or her contractual performance herein, the Purchaser may seek specific performance pursuant to the terms of this Agreement, damages, or recision. If the Purchaser seeks damages or recision, the . earnest money, upon demand, shall be returned in full to the Purchaser. If the Purchaser defaults in its contractual performance herein, the earnest money, upon demand, shall be forfeited to the Seller and shall be the sole and exclusive remedy for the default available to the Seller. In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 10 . Title Insurance. The Seller, at Seller's expense, shall immediately upon execution by all parties to this Agreement, apply for a standard form of Purchaser's policy of title insurance. The preliminary commitment thereto, and the title policy to be issued, shall contain no exceptions other than general exclusions and exceptions in said standard form -2- and any that may be excepted herein. If title cannot be made so insurable prior to the closing date, the earnest money shall be returned in full to the Purchaser, any and all costs shall be paid by the Seller, and this Agreement shall thereupon be terminated. The Purchaser may elect to waive such defects or encumbrances. 11 . Conveyance Warranty Deed'. Title shall be conveyed by statutory warranty deed. 12. Performance. Time is of the essence to this Agreement. 13. Seller's Representations and Warranties. It is the Seller's obligation at its sole cost and expense to comply or ensure compliance with, and for matters arising out of all federal , state, foreign and local laws or administrative orders with respect to environmental conditions existing on the closing date including, without limitation, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Spill Compensation and Control Act, and the Environmental Cleanup Responsibility Act, with respect to the purchased property. Such obligation, and any liability that Seller may have for any breach thereof shall survive the closing. In the event Purchaser discovers or determines or is notified about the existence of any environmental condition (including, without limitation, a spill , discharge or contamination) that existed as of and/or prior to the closing date or any act or omission occurring prior to the closing date, the result of which may require remedial action pursuant to any law or may be the basis for the assertion of any third party claims, including claims of governmental entities, Purchaser shall promptly notify Seller thereof and Seller shall , at its sole cost and expense, proceed with due diligence and in good faith to take the appropriate action in response thereto. In the event that Seller fails to so proceed with due diligence and good faith, the Purchaser may, at its option, proceed to take the appropriate action and shall have the rights to indemnity as set forth below. - 3 - 14. Seller's Indemnities. Seller agrees to indemnify and hold harmless the Purchaser, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses and costs, including, without limitation, reasonable legal , accounting, consulting, engineering and other expenses which may be imposed upon or incurred by Purchaser, or asserted against Purchaser, by any other party or parties (including, without limitation, a governmental entity) , arising out of or in connection with any environmental condition existing as of and/or prior to the closing date, including the exposure of any person to any such environmental condition, regardless of whether such environmental condition or exposure resulted from activities of Seller or Seller's predecessors in interest. This indemnity shall survive the closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 15. Earnest Money. The undersigned acknowledges receipt from Purchaser of $10,000 in the form of a purchase order, as earnest money in partial payment of the purchase price. Said purchase order will be converted to check upon acceptance by Seller and approval by the Kent City Council . This earnest money shall be applied to the total purchase price. 16. Notices. Unless otherwise specified, any notice required or permitted in or related to this Agreement, including any addenda thereto, must be in writing, signed by the Purchaser or Seller and received by the Purchaser or Seller, as applicable. Facsimile transmission of any signed original document shall not be the same as transmission of an original . 17. Agreement to Purchase and Time Limit for Acceptance. Purchaser offers to purchase the property on the terms and conditions set forth herein and acknowledges that it has read al ?emsMic- shallconditions above. Seller have until midnight of April ,1990 cept this offer by delivery of a signed copy hereof to the Purchaser. If this offer is not so accepted, it shall lapse and the Seller shall immediately return the earnest money to the Purchaser. 4 Dated this 4/7'�_ day of _/)�ri 19�. PURCHASER By: DAN KELLEHER, MAYOR CITY OF KENT 220 Fourth Ave. S. Kent, Washington 98032 18. Seller's Acceptance and Brokerage Agreement. Seller agrees to sell the property on the terms and conditions herein and further agrees to pay a commission of seven percent of gross sales price ($20,650.00) to the agent for services rendered. Seller acknowledges the receipt of a copy of this Agreement, signed by both parties, having read the terms and conditions above and agreeing thereto. G Dated this day ofSa�.\ 19�b. SELLER By DO�WTky JEAN MARTIN JACK L. MARTIN Address - 5 - AGENT Address L- C✓Vkj CAA" C,toy 19. Purchaser' s Receipt. Purchaser acknowledges receipt of a Seller's signed copy of this Agreement on AarT I 13� 19�(D. PURCHASER y: 3575R-1R - 6 - Exhibit A Part I PARCEL B (JACK MARTIN) THAT PORTION OF THE S 1/2 OF THE S l/2 OF IIIE NE 1/4 OF SFCIION 20, T 22 11, R 5 E , W.M. , IN KING COUNTY, WASHINGTON BEING DESCRIBED AS FOLLOWS: COI.11-IEIICIIIG AT THE SE CORNER OF SAID NE 1/4 IIIENCE 11 89 17 ' 11" W, ALONG THE SOUTH LIIIE OF SAID NE 1/1 , A UISIAIICE OF 1919.02 FEET; '1IIE110E it 00 26103" E A DISTANCE OF 30.00 FEET, TO 111E N011lll I1ARGIN OF SE 248111 SIREET AND THE 1RUE POINT OF BEGINNING; 111EIICE CONTINUINr, 11 00 26' 03" E , ALONG All EXISTING MICE, A DISTANCE OF 629. 60 FEET, 10 THE NORIII LINE OF SAID S 1/2 OF THE S 1/2; 111ENCE 1109 17'47" W, ALONG SAID NORTH LINE , A DISTANCE OF 316,39 FEET; �7, TIIEIICE S 01 0112111 W, ALONG AN EX I S T i IG FENCE , A D1 STAIICE OF 629.63 FEET, TO •TIIE -1 NORTII IIARGIN OF SAID SE 240TIl SIREET; THENCE S 09 17 ' ll" E , ALONG SAID f,1ARGIFI, A . DISTANCE OF 322.05 FEET TO TIIE 1RUE POINT OF BEGINNING. '4 SUBJECT 10 AND OR 10GETIIER WITH ALL CONDITIONS OR RLSTRICTIOIIS OF Y,IIIG COUNTY O SHORT PLAT 110. R477010 AS RECORDED UNDER AUUIIORS FILE 110. 7804190934. TIIE ABOVE DISCRIBED PARCEL BEING FORMERLY KNOWIt AS LUT 4 OF SAID SHORT PLAT. CD SUBJECT 10 AND TOGETHER W11I1 Alt INGRESS-EGRESS AND UTILIIIES EASEMENT 30 FEET WIDE, IIIF. CENTERLING BEING DESCRIBED AS FOLLOWS: CUHHENCING AT THE SE CORNER OF SAID IIE 1/4 , 111ENCE I1 09 17 ' 11" W, ALONG THE SOUIII LINE OF SAID NE 1/4 , A OISIANCE OF 23135. 50 FEET ; THENCE 11 UU 34'22" E A UISIANCE OF 30.00 FEET, TO THE NORM MARGIN OF SE 21£3TH SIREET Al1D THE TRUE POINT OF BEGINIMIG OF SAID CENTERLINE ; 1111110E CONTHMING 11 00 34 ' 22" E A DISTANCE OF 415.00 FEET; THENCE S 09 25' 30" E A UISIANCE OF 20.00 FEET, TO THE 1F.RMINUS OF SAID CENTERLINE. IUGETIIER W1111 THAT PORTION LYIIIG W111111I A CIRCLE: WI111 A RADIUS OF 35 FEET, THE RADIUS POINT BEING LOCATED AT IIIE IEIII-IMUS OF "llk AFORE DESCRIBED CENTERLINE. 1111S EASEMENT HEREBY SUPERCEEUS 111E 111GIZESS-EGRESS Atli) IMUT1ES EASEI.IEIIT DELHII AlED O11 KING COMITY SIIURT PLAT ND. I1477018 AS RECORDED 011DER AUDITORS FILE 110. 7A0A190934. AND SUBJECT TO ALL COIII)IlID11S AND/01Z RISTRICTIONS OF SAID SHORT PLAT. 111E ABOVE DESCRIBED PARCEL BEING DESCRIBED AS LOT 4 OF SAID SHORT PLAT. Lot Line Adjustment Exhibit 11 Part. 2 0 NOnTlf SCALE: ter 100 f 1b3 .710' i 316. 39' 319.38 '. :. :. i • ' ,l r�•t'_f PROPOSED PROP . LINE . .. �:� O N. • y EXISTING PROP LINE.23 -n m i r- • f' .b •N .b • •�I 1 : .l 'W •W •p per. .n .. ._ .•. •. 'N N.O .N _ •N I N �' ° . ' L.I !Iti��ED — \ 1 n• .. r` I T / p. r 52' I 15B.55 1O"M 322. B5' .• z" ? rlrE -- 316. 20' . I O Sc 2yg--Th 5T 54' ' 158 32' ' Cn 323. 16' __ _ _., 316.13' ti �N¢ ru oud W'mwp " J oww 0 0 ul J �Dco7 W x 0 00 F- 0 ,Y as dZ r O. LLLLJ ozd. w rc as a 'L O , wS2awa � U ,W .� a sue 0 ozz> $ cn G n w U w _°z �' O 0 co W PC p in::5 CW7 A c > 03 GD cow 0 0 Wa oo o ¢ � a a >�Z<ow U o a w � 7� �l wa[w�>� G M13 0 a' wamw�� 7 -. C W � os�coo� W O C `^ :- F— mw�oWW � ai a cm x O V+'.W, > ly�sZ�O m �.. t0 a WQpW W J V nklqccO X. CL o d_ cn N V G� m U W W NW ¢�uN�u 0.Q a w C` CC IO » 0 W o ti Q a3 n CD O W. :N ' N n Q 2 z � X. r�oP p a h ro 0 w F+ H T C p Y O +Y! U J4 > � N U p p a O O a U u 7 Q U Cq,^`orn n c n C 3 0 Co pm s4 •.+ >o r+ p N rt F U)0 aOQ W Ml Q) w Z (7 a N:, �a '4 rn ° �° J $ LL >u=izcn n z w �� cn z ro 3 0 O ¢¢¢Z rn ,., N � >. c ��x� w rn c u v w v N j Z CC 0j 't•, W 1.1. c U cc O N 0 M a > C COMMISSION AGREEMENT In accordance with the attached agreement dated April 4th , 1990 between the City of Kent , the purchaser and Jack L and Dorothy Jean Martin the seller , the Sellers agree to pay Bell Anderson Realty a commission in the amount of 7% of the gross sales price for the sale of the property described in Exhibit A if sold to the laity of Kent . Sellers : ck L Marti-j�----- [SELL ANDERSON by Brad D Bell Dorothy�il an Mar�n P� Kent City Council Meeting Date May 1. 1990 Category Other Business 1. SUBJECT: LAKE FENWICK ACQUISITION 2 . SUMMARY STATEMENT: Authorization is requested to purchase one parcel of property on the east side of Lake Fenwick. This is included in the Lake Fenwick Trails project financed with the King County Open Space Bond proceeds. This parcel, Tax Lot 9075, is owned by Diane Evans. It has been appraised for $19, 000, and the owner is willing to sell for the appraised price. PcX r kS D rEc-fn, 1,�,; 15 q ✓e.r� rear✓ o , � � o � wb�,'c1 , � h � } �a ( w tt �c -fhvc��h • 3 . EXHIBITS: map; real estate purchase and sales7agrment 4 . RECOMMENDED BY: Parks Committee (Committee, Staff, Examiner, Commission/, etc. ) i i 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: ,, NO X YES FISCAL/PERSONNEL NOTE: Recommended,' Not Recommended 6. EXPENDITURE REQUIRED: $19 00 , plus closing costs SOURCE OF FUNDS: King Coun Open Space Bond Issue proceeds 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember second av +-Cie rAt- crd that the City purchase Tax Lot 9075 in STR 27-22-04 using the Open Space Bond Issue proceeds in accordance with the purchase agreement between the City and the owner. E----------------- — -- DISCUSSION• ACTION• Council Agenda Item No. 4E SCRLFz 1 "=800 ' Lu dy \ }.' ,:•:. :i' •� ?ram �}•.•' LAKE FENWICK PARK PROPERTY r. % PROPOSED ACQUISITION AREA r + _ PROPOSED TRAIL DEVELOPMENT i r GREEN RIVER CORRIDOR LZ r i r r i r r , , , r r ° \ r r , , CITY OF KENT LAKE FENWICK TRAIL ACQUISITION AND DEVELOPMENT REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION The undersigned Purchaser, City of Kent, agrees to purchase and the undersigned Seller, Diane Evans, agrees to sell , on the following terms, the property located at east side of Lake Fenwick, in the City of Kent, King County, Washington, legally described as follows: That portion of the North half of the Southeast quarter of the Northeast quarter of Section 27, Township 22 North, Range 4 East, W.M. , lying Easterly of a line which is parallel to and 40 feet Westerly of the Easterly shore of Lake Fenwick and South of a line which is parallel to and 1560 feet South of the North line of said Northeast quarter. SITUATE in King County, State of Washington. This offer, if accepted by Seller, is contingent upon approval by Kent City Council . Should the Council not approve, all monies shall be returned and the offer is null and void. 1 . Purchase Price. The total purchase price is Nineteen Thousand and No/100 Dollars ($19,000.00) . 2. Method of Payment. Cash upon closing. 3. Condition of Title. Unless otherwise specified in this Agreement, title to the property is to be free of all encumbrances or defects, except that rights reserved in federal patents or state deeds, building or use restrictions general to the area, other than platting and subdivision requirements, .and utility easements shall not be deemed encumbrances or defects . Encumbrances to be discharged by the Seller shall be paid by the Seller on or before closing. 4. Utilities. Seller warrants that the property is connected to A. public water main B. well C. public sewer main D. septic tank X E. none of the above 5. Leased Fixtures. Any leased fixtures are included in the sale and Seller agrees to acquire title to the same prior to closing. 6. Closing of the Sale. This sale shall be closed on May 31, 1990 or sooner by written agreement of the parties. This sale shall be closed by Curran, Kleweno & Johnson Escrow Service, 555 W. Smith, Kent, Washington 98032. Purchaser and Seller shall , immediately upon demand, deposit with closing agent all instruments and monies required to complete the purchase in accordance with this Agreement. 7. Closing Costs and Proration. Seller and Purchaser shall each pay one-half of the escrow fees. Seller shall pay real estate excise tax and revenue stamps. Taxes for the current year and all rents, interest, utilities and other liens and charges shall be prorated as of closing. Seller shall pay those charges accruing to the date of closing on or before the date of closing. Seller shall pay for the cost of the title insurance. 8. Possession. Purchaser shall be entitled to possession on closing. "Closing" means the date upon which all documents are recorded and the sale proceeds are available to Seller. 9. Default and Attorney' s Fees . If the Seller defaults in his or her contractual performance herein, the Purchaser may seek specific performance pursuant to the terms of this Agreement, damages, or recision. If the Purchaser seeks damages or recision, the earnest money, upon demand, shall be returned in full to the Purchaser. If the Purchaser defaults in its contractual performance herein, the earnest money, upon demand, shall be forfeited to the Seller and shall be the sole and exclusive remedy for default available to the Seller. In the event of litigation to enforce any of the 2 - terms or provisions herein, each party shall pay all its own costs and attorney's fees. 10. Title Insurance. The Seller, at Seller's expense, shall , immediately upon execution by all parties to this Agreement, apply for a standard form of Purchaser's policy of title insurance. The preliminary commitment thereto, and the title policy to be issued, shall contain no exceptions other than general exclusions and exceptions in said standard form and any that may be excepted herein. If title cannot be made so insurable prior to the closing date, the earnest money shall be returned in full to the Purchaser, any and all costs shall be paid by the Seller, and this Agreement shall thereupon be terminated. The Purchaser may elect to waive such defects or encumbrances. 11. Conveyance Warranty Deed. Title shall be conveyed by statutory warranty deed. 12. Performance. Time is of the essence to this Agreement. 13. Seller's Representations and Warranties . It is the Seller's obligation at its sole cost and expense to comply or ensure compliance with, and for matters arising out of all federal , state, foreign and local laws or administrative orders with respect to environmental conditions existing on the closing date including, without limitation, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Spill Compensation and Control Act, and the Environmental Cleanup Responsibility Act, with respect to the purchased property. Such obligation, .and any liability that Seller may have for any breach thereof shall survive the closing. In the event Purchaser discovers or determines or is notified about the existence of any environmental condition (including, without limitation, a spill , discharge or contamination) that existed as of and/or prior to the closing date or any act or omission occurring prior to the closing date, the result of which may require remedial action pursuant to any law or may be the basis for the assertion of any third party claims , including claims of 3 - governmental entities, Purchaser shall promptly notify Seller thereof and Seller shall , at its sole cost and expense, proceed with due diligence and in good faith to take the appropriate action in response thereto. In the event that Seller fails to so proceed with due diligence and good faith, the Purchaser may, at its option, proceed to take the appropriate action and shall have the rights to indemnity as set forth below. 14. Seller's Indemnities. Seller agrees to indemnify and hold harmless the Purchaser, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses and costs, including, without limitation, reasonable legal , accounting, consulting, engineering and other expenses which may be imposed upon or incurred by Purchaser, or asserted against Purchaser, by any other party or parties (including, without limitation, a governmental entity) , arising out of or in connection with any environmental condition existing as of and/or prior to the closing date, including the exposure of any person to any such environmental condition, regardless of whether such environmental condition or exposure resulted from activities of Seller or Seller's predecessors in interest. This indemnity shall survive the closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 15. Earnest Money. The undersigned acknowledges receipt from Purchaser of $1,000.00 in the form of a purchase order, as earnest money in partial payment of the purchase price. Said purchase order will be converted to check upon acceptance by Seller and approval by Kent City Council . This earnest money shall be applied to the total purchase price. 16. Notices. Unless otherwise specified, any notice required or permitted in or related to this Agreement, including any addenda thereto, must be in writing, signed by the Purchaser or Seller and received by the Purchaser or Seller, as applicable. Facsimile transmission of any signed original document shall not be the same as transmission of an original . 4 - 17. Agreement to Purchase and Time Limit for Acceptance. Purchaser offers to purchase the property on the terms and conditions set forth herein and acknowledges that it has read all terms and conditions above. Seller shall have until midnight of April 30, 1990 to accept this offer by delivery of a signed copy hereof to the Purchaser. If this offer is not so accepted, it shall lapse and the Seller shall immediately return the earnest money to the Purchaser. Dated this day of 19_. PURCHASER By: Dan Kelleher, Mayor City of Kent, 220 4th Ave. S Address Kent Washington 98032 18. Seller's Acceptance. Seller agrees to sell the property on the terms and conditions herein. Seller acknowledges the receipt of a copy of this Agreement, signed by both parties, having read the terms and conditions above and agreeing thereto. Dated this day of 19_. SELLER By: Address - 5 - 19. Purchaser's Receiat. Purchaser acknowledges receipt of a Seller's signed copy of this Agreement on 19_ PURCHASER By: 3574R-1R - 6 - 'NORTHWESTERN TITLE /,�� Order Nn L`,•' A �rry Plat. Vol. Page 250 Arctic Building 700 Third Avenue Seattle,Washington 98104-1849 n �2/,,Q A/ t �Ec .n.cI Z7 .22vi i ,Jett, r, !, w •..OAS ti ; to ...v 1 ,. 7 8 l� 2 O i v v Y r•�] t( "A. .� I D Q• ♦1 It '•, f f 41 .vwlj r � ♦ a./fl•/ , ..♦J�tlY.. �. /5/i0 `S r • .r• I ' SIC VT� � . m Dimensions of subject premises are:This sketch does not purport to show all highways, roads or easements affecting said property. No liability is assumed for variations in dimensions anc location,and is not based upon a survey of the property described in this order. It is lumished without charge,solely for the purpose of assisting In locating the described premises. The Company assumes no liability for inaccuracies therein. 7 X. n m. O e m o ocmNC? zy 0 vO—mX D.- Zc M Do �mZ o N �, H a C30 o Ch H Z O ( C4 O O O6 CA O O �:. C D tC r J N i. Ln O O O _ J w o Ln O O n �< N rl Oti m m ❑, p o v mamz m a O< < 7a � € m m:. CD CD- a ro < o m o m i 1Z w : O .d ..a. N En O t Old. l •d:'' F,, n O. A7 • s w............ chi , P 0. so o; U o m� .:,.. µ ::i .. c mix = N n mz'! inm2xvpo m v �av mm��]7�m�fi J V < OC�O ZT Q - zO—m_ '' x rn S p O o Off. r wpm- Om D C CL Fin < O x C Yt mmc��iw -ym o � m = -� m c s 0 o K O q r�r -p to m73m _ m N N_yy /�: Inc-um IT 9 d.. m a oDm00 m 1 ' k c m .Z: C ?j mam ,,. 03 r-n zOCmm m K , xi 22 Dc A y am�xmy Q O m. C z-+Z�Nm < k m y axo—°wog z-v0m7c aOoy m iw� OO V 0 1A mC 0 oa : s���m g m N ssc n O O m0 Orc >O .' > - 3> O o�aoa�v .. m0O71m ef 6 e I �'� Kent City Council Meeting Date May 1. 1990 Category Other Business 1. SUBJECT: KENT-KHERSON SISTER CITY PARK 2 . SUMMARY STATEMENT: Authorization is requested to establish a $50,000 budget to develop the old City Hall site into Kent-Kherson Peace Park. The park will compliment the mural to be painted by Soviet Kherson artist Yegor Tolkunov Volunteer labor and supervision will allow the park to be built for less than half of the cost of bidding the project. et 64 3 . EXHIBITS: Fiscal note; budget 4. RECOMMENDED BY: Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $50 , 000 SOURCE OF FUNDS: Capital Improvement Program 7 . CITY COUNCIL ACTION: Councilmember L& moves, Councilmember —aA-seconds that a budget of $50, 000 be established for the development of Kent-Kherson Peace Park. DISCUSSION• ACTION• Council Agenda Item No. 4F MCCARTHY,TONY / KENT70/FN - HPDesk print. ---------------------------------------- Surject: KENT-KHERSON SISTER CITY PARK - FISCAL NOTE C tor: Tony MCCARTHY / KENT70/FN Dated: 04/25/90 at 1649 . THE PARKS DEPARTMENT HAS REQUESTED $50, 000 TO DEVELOP A SISTER CITY PARK TO BE COMPLETED BY THE END OF JUNE WHEN THE KHERSON DELEGATION WILL BE VISITING KENT. THE COST OF THE PARK WAS ORIGANALLY ESTIMATED TO BE APPROXIMATELY $125, 000 BUT THE BUDGET HAS LOWERED TO $50,000 THROUGH THE USE OF VOLUNTEER LABOR AND MATERIAL. IT MAY BE EVEN LESS IF MORE IS VOLUNTEERED. IN REVIEWING THE PROJECT, THE IBC NOTED THAT THE PROJECT MEETS THREE 1990 COUNCIL TARGET ISSUES; TWO TOP PRIORITY ISSUES, RENEW AND REVITALIZE DOWNTOWN AND DEVELOP PARK SYSTEM AND ONE HIGH PRIORITY ISSUE, PROMOTE CITY PRIDE AND IMAGE. THOUGH THE IBC WOULD NORMALLY LIKE PROJECTS TO BE CONSIDERED IN AN OVERALL CITY CAPITAL IMPROVEMENT PROCESS, THIS PROJECT WARRANTS EXCEPTIONAL CONSIDERATION. THE EXCEPTIONS ARE BASED ON THREE POINTS: 1) THE TIMING OF THE VISIT FROM THE KHERSON DELEGATION, 2) THE PROJECT MEETS THREE COUNCIL TARGET ISSUES, AND 3) THE PROJECT CAN BE COMPLETED AT LESS THAN HALF THE PROJECTED COST WITH THE USE OF VOLUNTEER LABOR AND MATERIAL BASED ON THE ABOVE THE IBC RECOMMENDS THE APPROVAL OF THE PROJECT. PROJECT FUNDING CAN COME FROM THE CAPITAL IMPROVEMENT FUND RESERVE ESTABLISHED FOR T PURPOSE OF MEETING UNFORSEEN OPPORTUNITIES . RENT-RHERSON PARR BUDGET UTILIZING VOLUNTEER LABOR i 1. Planting Soil $ 11880 2 . Lawn Soil 266 3 . Landscape Area (Planters) 6, 000 4 . Raised Walls 41000 5. Mulch 500 6. Trees 3, 000 7 . Tables (4) 2 , 000 8 . Irrigation 5, 000 9 . Electrical Service 1, 250 10. Drainage 3 , 000 11. Demo 1, 000 12 . Tree Grates (2) 500 13 . Trash (4) 600 14 . Sign 0 15. Light Standards (install) 0 16. Stage 6, 000 17 . Lawn (Sod) 1, 000 Subtotal $ 35, 996 Pavers 10, 000 Subtotal $ 45, 996 contingency 279 Tax 3 , 725 TOTAL $ 50�000 _ N " 1 l.. ��\y/ �%. _ � 1 � 1 ___ ___ _ _ � V"' y � j �' � :� �% - �._ L ;___ ___ ___ __ . >``' �_ �` o✓ Kent City Council Meeting Date May 1 , 1990 Category Bid 1. SUBJECT: GOLF COURSE TRACTOR WITH LOADER/BACKHOE 2 . SUMMARY STATEMENT: One bid was received for the Golf Course Tractor with Loader/Backhoe from Jennings Equipment, Inc. , in the amount of $29 , 081. 06. Staff recommend5rejection of the bid, and that purchase of the tractor with loader/backhoe be deferred to the 1991 budget, as the bid exceeded the budgeted amount of $25, 000 3 . EXHIBITS: id tab 4. RECOMMENDED B : Informal Budctet Committee (Committee, taff, Examiner, Commission, etc. ) 5. UNBUDGETED FIS PERSONNEL IMPACT: NO X YES FISCAL PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE RE UI D: N/A _ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember move, Councilmember VV 'I�e secondse d t �e vnoi*A carn� to reject the sole bid received from Jennings Equipment, nc. , in the amount of $29, 081. 06, for the Tractor with Loader/Backhoe. 1 DISCUSSION• _ ACTION• Council Agenda Item No. 5A o N I W p ppI H 0 oRl O p c. La C) n tot i 07 O t °w �I nl £� I I 01 N 01 CD I D N I l/1 n I m o ' � I W ! 1 0 o r � � I I I 1 I a I N I H 1 N I I n I X I LJ I O N � ' m I N D = ca I --1 I A 1i C w m I -G N M O O a i TI z-i ' 7 O < 7COW ' imc I A �Hj• i N rt a EYO I � fn N I 00 (D ZZ,'O P n --q I m -1 m i o-o �w rDD r 2� _I N rt % 3 m I I I — I I I V I I I I O ' D I � I � m w 1 y I 'tJ I H 1 h'• I r I ~ I I r I a I � � I o � m N 2 I O I C I 3 I I N I w 1 i I 1 R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE i F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS OPERATIONS COMMITTEE MINUTES April 24 , 1990 COUNCIL MEMBERS PRESENT: Christi Houser Paul Mann Jon Johnson STAFF PRESENT: Ed Chow Tony McCarthy 1 Sandra Driscoll Don Olson Rod Frederiksen Robin Bartelt May Miller Teri Mertes GUESTS PRESENT: Lyle Price, Kent News Journal Mrs. O' Brien, Golf Concessionaire APPROVAL OF VOUCHERS All claims for the period ending April 16, 1990 in the amount of $1, 321, 621. 29 were approved for payment. CORNUCOPIA DAYS ORDINANCE City Attorney Driscoll presented the annual Cornucopia Days Ordinance granting a street use permit to Kent Lions Club for the public festival. An added item to the Ordinance is the availability of handicap parking spaces. The Committee recommended the Cornucopia Days Ordinance to Consent Calendar by a vote of 3-0. MILITARY LEAVE POLICY EXCEPTION Personnel Director Olson explained that the City recently adopted an updated Military Leave Policy based on a court decision adopted 5/24/89 . The policy was not intended to be retroactive. Two employees have asked that the policy be retroactive to 5/24/89 . After further analysis of personnel records it was found that a total of 6 people could be effected by this retroactive application. City Attorney Driscoll mentioned that it is not normally City procedure to make policy' s retroactive and it could effect future policy' s that are adopted. After much discussion the Committee moved, by a vote of 3-0 to make an exception to City policy, due to unique and specific circumstances approved through court of appeals, to entitle retroactive military leave days to 5/24/89. GOLF COURSE GREENSKEEPER POSITION Finance Director McCarthy with Assistant Golf Manager Bartelt presented a Park department request for a full time lead greenskeeper at the golf course. A lead greenskeeper position is already included in the budget but it has been filled with a maintenance worker II. Lead greenskeeping is being done by the non union supervisor. As a result of the union negotiation the supervisor is not able to perform maintenance duties unless an emergency. Therefore the position needs to be filled and can be done with the establishment of a maintenance worker II position. McCarthy explained that the cost of this position will be covered by delaying the budgeted purchase of a tractor with a loader until 1991. The Committee recommended this position to Consent Calendar by a vote of 3-0. GOLF COURSE CONCESSIONAIRE SERVICE Finance Director McCarthy informed the Committee that the City solicited proposals for replacing the previous concessionaire at the golf complex. 7 proposals were received including one from the Parks department. The Finance department prepared a financial analysis of these based on bottom line guarantee to the City. This guarentee is needed for contribution to paying debt service totalling about $1, 000 , 000 per year. McCarthy mentioned that the IBC recommends awarding the concession to the Parks department who showed a net income of $324, 605, an amount $90, 000 above all other proposers. Councilmember Houser was concerned as to what would happen if the Parks department didn't make the proposed income. She expressed her desire to go with a private enterprise and the City concentrate on the 18-hole golf course. McCarthy stated that the Parks department has a good track record in projecting revenue but if they fail to make a profit the City must cover the debt expense. Mrs. O'Brien, a submitter for the concessionaire business, voiced her opinions and views of the complexity of running a good business. Her points included operate with skilled, qualified employees, maintenance and improvements made at concessionaires expense, difficult to guarantee a net income to City because of varying factors and the fact that they were unaware the City Parks department was proposing. McCarthy mentioned that the Parks Committee did not make a recommendation to the Council and are letting proposers make presentations and then make a decision. The Operations Committee made no recommendation and are requesting this issue be addressed under Other Business. PUBLIC WORKS COMMITTEE APRIL 17 , 1990 PRESENT: Steve Dowell Hal Rees Jim White Charlie Kiefer Leona Orr John G. Kiefer Don Wickstrom Ralph Rice Gary Gill William Joy Jim Hansen Mr. and Mrs. Rust Canyon Drive Improvements Dowell referred to the letter from the State which indicated they would not support a reduction in the speed limits on Canyon until Kent enforced the existing speed limits . Gill stated part of the problem was to look at what interim measures could be implemented to slow people down until the improvement project can be constructed. Nizlek indicated recent speed studies determined the average speed to be 45-49 . He indicated there is no traffic control that will make them slow down. Traffic volumes were discussed. Dowell asked about a sign on Canyon to alert traffic coming down hill that the light was red. He inquired about taking some of the traffic load off Titus. Nizlek indicated that was put in to divert some of the traffic away from the commercial area. Dowell reiterated that he feels we shouldn't sacrifice residential streets to backups. Wickstrom added that the area around Titus is zoned multifamily and commercial . White stated that regardless of zoning, most of the area is single family and we are routing a tremendous amount of traffic on that road. Rees stated that for approximately the last 18 months, the Traffic Unit which is a 5-person unit, has averaged 10-15 hours a month actual enforcement on Canyon Drive and 35-40 citations a month. Rees stated that is a considerable portion of the unit' s time compared to other areas. One of the drawbacks to enforcement on Canyon Drive is safety for the officer and safety for the public. White asked if we could increase enforcement on a weekly or monthly basis to see what the results would be. Rees indicated he thought that could be accommodated. Nizlek commented his staff could help in isolating the hours during which speeding is occurring. Rees added that emergencies and higher priority detail would have some impact on their ability to increase the enforcement. Responding to White ' s question, Gill stated we are currently in the process of acquiring right of way for the construction project which could take 6-9 months. Thus, we anticipate construction in 1991. Public Works Committee April 17 , 1990 Page 2 The Committee asked for a report from the Police Department in two months. Traffic Signal Complaints - Ralph Rice Mr. Rice expressed concern about the pedestrian cross walk signals. The push buttons seem to be maintenance problems; he has seen kids take baseball bats to them and the signals are confusing especially to older pedestrians. Mr. Rice suggested a simple solution to a lot of problems would be to take the push buttons off and connect the "Don't Walk" light up to the red and yellow lights on the vehicular signal, connect the "Walk" light to the green light on the vehicular signal . Dowell suggested staff discuss this proposal and send Mr. Rice a letter with the results. Marty Nizlek stated that he and Mr. Rice have been working together on monitoring a number of locations that Mr. Rice frequents. White asked about any State or Federal regulations that require the pedestrian signals and requested that Nizlek inform the Committee what they are. Nizlek added these problems are recognized nation wide. Transportation Improvement Board Vehicle Registration Fee Wickstrom stated that one of the local options of the gas tax legislation is a vehicle registration fee that could be instituted County-wide by County Council ordinance. In order to implement that option, the County is seeking concurrence from the Cities that they would support the fee. Wickstrom stated he felt we should do so to help finance the City' s projects. The fee would generate approximately $322 , 000 for the City of Kent. Wickstrom added the revenue generated can be used for road projects only. White asked if we could use this to retire bonds . Wickstrom stated the City doesn't have sufficient Councilmanic bonding capacity available to raise the matching funds. The Committee unanimously recommended approval for a letter to be sent to the County supporting implementation of the vehicle registration fee. Other Items Mr. Kiefer asked about the response to the questions he asked at Council . Gill replied that staff is in the process of preparing a written response. We have met with the Fisheries Department at the project site and Mr. Kiefer was in attendance. The meeting with the Corps of Engineers is set for Wednesday. Gill stated that once we have met with them we will have a better idea what course of action. Public Works Committee April 17 , 1990 Page 3 Dowell asked if we could respond to Mr. Kiefer' s question about the alignment. Wickstrom stated that we are not rebuilding the existing line as it doesn't match with any ultimate future plans we have for the system. The reason for the new alignment is to correlate with future plans and other future sources. Gill stated it is important to note that the impoundment reservoir site was selected before the Green River Pipe Line #5 project was even an option. It is an added benefit that the project happens to go through the reservoir site. The impoundment reservoir is intended to pick up the winter excesses of the Kent Springs and Clark Springs sources so they can be used for summer demand. Mr. Kiefer stated that the impoundment reservoir would require an environmental checklist and asked what would happen if the transmission line is built in this new alignment and something prevents the reservoir from being built. Wickstrom stated we would address that at the time we begin the impoundment project which is scheduled for 2008 but we have to address the long range plan with current projects. White stated that the Council has obligations to its citizens today but also to its citizens in the future and that is why these comprehensive plans are developed - to address the issues and problems we foresee in the future. Wickstrom confirmed for Dowell that the ratio between residential and commercial water usage is about 50/50 . Residential has higher peak demands of about 3 : 1 ratio of summer time demand to winter time demand whereas industrial is more 2 : 1. Dowell surmised that the concern over all the water going for industrial use is not valid and the demands will remain the same regardless of source of supply. Gill pointed out the reason for the alignment is to keep the line below the hydraulic grade so the system will function as a gravity system. Otherwise, other alignments would require we place the line up to 50-60 feet deep or build a pump station to pump the water which would be exorbitantly costly to maintain. There was discussion regarding treatment of the water coming from Kent Springs. Wickstrom clarified that we currently chlorinate the water at the source (Kent Springs) since we have customers on the transmission main. With the development of the impoundment reservoir, those customers would be removed from the transmission main, becoming customers of other water districts in the area, and the water would not be treated until it leaves the reservoir. Surface Water and Drainage Code and Bonds Williamson stated he had made changes to the code as presented in the packet but needed to spend a little further time to review the Public Works Committee April 17 , 1990 Page 4 remainder of the code and revise the ordinance and would expect to have this available by the next meeting. Other Williamson informed the Committee there is some concern by the contractors regarding the language in our performance bonds which requires the contractor to hold the City harmless from loss or damage by reason of any carelessness or negligence on his part or on the part of a subcontractor. They are contending this takes it out of the performance area. Williamson stated that without this language the City would have to rely solely on the insurance carried by the contractor. Williamson added that this language has been in the bond form for quite some time and we have not had any concerns over it until now. White stated that he felt if it needed updating then we should take a look at it; however, he is not concerned about what the bonding companies or contractors say about it but whether the City and their citizens are protected. Williamson stated he would like to see the language remain in the bond form. Mr. Joy inquired about the purpose of a proposed 10-inch water line shown in the comprehensive plan on S .E. 284th and 109th Avenue S .E. Wickstrom explained it is intended to loop our system to provide better fire flow protection and distribution to the service area.