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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 07/03/1990 .......... .. ............. ty of Korent - Meeting CiCouncltl v Ageanda 1 M I Mayor Dan Kelleher Council Members Judy Woods, President ell eona Orr Steve Dow Jon Johnson Christi Houser Jim White Paul Mann July 3, 1990 office of the city clerk CITY COUNCIL MEETING July 3 , 1990 Summary Agenda �avn�s 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 . A. Employee of the Month 2 . PUBLIC HEARINGS A. Economic Development Corporation=�esolution 3 . CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills C. Youth Day Camp D. Six-Year Transportation Improvement Plan (TIP) E. Quitclaim Deed - Drainage Facility S.R. 516 - 160th Ave. S.E. F. Appointment to Board of Adjustment G. 1991 Budget _ H. Banking Service Ordinance__ I. Scott Wetzel Agreement 4 . OTHER BUSINESS A. Contract Modification - Sanitary Sewer Service - Midway Housing/Department of the Army B. Amendments to Tree Preservation Regulations No. ZCA-90-1 5 . BIDS A. West Valley Highway Signal Improvements at South 212th Street and South 190th Street B. Kent Springs Transmission Main 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. Employee of the Month Kent City Council Meeting Date July 3 . 1990 Category Public Hearings 1. SUBJECT: ECONOMIC DEVELOPMENT CORPORATION - RESOLUTION 2. SUMMARY STATEMENT: Heinz and Renate Streng have applied for industrial development bond financing through the City of Kent Economic Development Corporation in the amount of $850, 000 for construction of a new office/warehouse facility in Southcenter Corporate Park. Proper legal notice has been given for this hearing. The Streng application for industrial revenue bonds was approved by the EDC at a special meeting held at 6: 30 p.m. this date. David Thompson of Preston, Thorgrimson, attorney for the Strengs, will be present to answer any questions. Resolution to be distributed at the meeting. 3 . EXHIBITS• 4 . RECOMMENDED BY: EDC Board (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: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to adopt City of Kent Resolution approving the issuance of industrial revenue bonds in the amount of $850, 000 and approving Resolution 1990-49 of the EDC authorizing the sale of the bonds to provide funds for the project. DISCUSSION• ACTION• Council Agenda Item No. 2A CONSENT CALENDAR 3 . City Council Action: CCouncilmember ll✓rvve� moves, council me Zr seconds that Consent Calendar Items A throug be approved. Discussion Action 3A. ,Approval of Minutes. 1ti Approval of the minutes of the Council meeting of June 19, 1990. tiUL B. Approval of Bills. Approval of payment of the bills received through July 3 , 1990 ✓ Uv after auditing by the Operations Committee at its meeting at 4: 30 p.m. on July 10, 1990. Approval of checks issued for vouchers: Date Check Numbers Amount AARproval of checks issued for payroll: Date Check Numbers Amount 6/20/90 137103 - 137855 $839, 350.76 Council Agenda Item No. 3 A-B Kent, Washington June 19, 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, Finance Director McCarthy, Fire Chief Angelo, Assistant City Administrator Hansen, Police Chief Frederiksen, Personnel Director Olson, Information Services Director Spang, Parks Director Wilson and City Clerk Jensen. Approximately 50 people were at the meeting. (ADDED TO THE AGENDA) PUBLIC Nike Manor Housing. At the request of West Hill COMMUNICATIONS residents, Assistant City Administrator Hansen gave a rundown on the status of the Nike Manor Housing Nike Manor applications. He noted that the Corps of Engineers Housing had informed him over the phone that the Housing and Social Services had decided to lease the 32 homes to those who submitted a combined application: the South King County Multi-Service Center, the Highline-West Seattle Mental Health Center and the St. Stephen/Catholic Community Services. The Corps had previously advised that the City could submit an application to purchase the homes for senior citizen housing. Frank Pepper stated that the residents of the area wanted to know the length of the lease to these agencies and wanted to have assurance that the concerns of the residents were to be considered, preferably at a face to face discussion. It was confirmed that the Federal Government would turn over the leasing arrangements to King County and Hansen was instructed to write to King County Housing Authority. Floyd Bacon noted that Pepper had written a nine page letter and that a copy had been provided to Jim White. Jessie Gardner of S. 249th did not attend the last meeting and reiterated the concerns expressed by her neighbors at that time. She opined that this had moved too quickly. White stated that the City had no advance notice that the housing would be surplused and there had been no input requested from the City or from the citizens. Hansen clarified that the only reason the City is involved is because the houses are 1 June 19, 1990 PUBLIC within the city limits, that the guidelines are set COMMUNICATIONS by the Federal McKinney Act, that the City had devoted several hours of the last Council meeting to receive input, had sent four letters to date and Nike Manor that the property would be managed by the King Housing County Housing Authority. He further clarified that although Kent submitted the letter within the time frame specified, the application of the joint agencies had already been approved. Orr stated that she understood that the properties had to be leased for one year before they could be purchased. She noted that the City has made a commitment through the Human Services Commission and we should not now take away the opportunity for these agencies to proceed with their work. She stated that this was a chance for the citizens to work toward making this a positive experience. Woods concurred and noted further that the Council had made a commitment also, to make sure that the neighborhood was secure. She said she was recently advised that 200 people were living in their cars in Kent and the problem of the homeless should be addressed. Dowell noted that the City supports human services with a budget of $240, 000, but that he didn't think R-1 zoned areas were to be used for this type of social services. Bacon stated he had copies of the applications submitted by the agencies. Mann concurred with Dowell and MOVED to communicate to our legislators our concerns such as the lack of local input in the process. Johnson seconded and suggested we ask for intervention, noting we should continue to try to purchase the properties and to have the entire process reviewed. Mann concurred. It was further decided that Hansen would write a letter and would call Council members so they could review and approve the contents. The motion then carried. Responsible (ADDED TO THE AGENDA) Urban Growth Chris Grant of 26302 Woodland Way stated that the Group Responsible Urban Growth Group (RUGG) was made up of local Kent residents who are concerned about land use, especially the rate of apartment growth. He noted that the group had planned to present an initiative to be voted upon at the next election, 2 June 19 , 1990 PUBLIC but had been advised that land use issues could not COMMUNICATIONS be decided upon through an initiative under Kent' s code status in the state. He therefore submitted a petition signed by over 1600 residents of the Kent area who share the belief that more control is needed on zoning and land use issues. He summarized the eight points and asked that the petition be R.U.G.G. forwarded to the newly formed Growth Management Committee, with an answer due by July 17 . He also asked that the petition be considered for an advisory ballot this fall, allowing for input on these issues. Members are willing to discuss the items with staff. ORR MOVED to refer the petition to the Growth Management Committee for study as soon as the Committee is in place, and Woods seconded. It was confirmed for White that this would also go through the Planning Commission after the Growth Management Committee. At White's suggestion, the motion was changed to refer the petition to both the Committee and the Commission. The Committee will have its first meeting within the next few weeks and will be chaired by Orr. It was agreed that some report would be given 30 days after the first Committee meeting. Orr confirmed that she had not been a member of RUGG since immediately prior to her election in November. It was determined that the Mayor appoints the committee members and further, that within the 30 days answers were not expected, just reviews and a list of the procedures to be followed. The motion then carried unanimously. (PUBLIC COMMUNICATIONS - ITEM 1A) AWC Award. Councilmember White announced that the Award City has been awarded the 1990 Municipal Achievement Award Honorable Mention for its downtown revitali- zation through the public/private Centennial Center. He presented the award to the Mayor. (PUBLIC COMMUNICATIONS - ITEM 1B) Kent-Kherson Flag. Jeannie Humphrey introduced Ginny Miller, who has designed a Kent-Kherson Flag. Sister They displayed the flag and presented it to Mayor Cities Kelleher. Humphrey thanked the Council for their support and announced that visitors from Kherson will arrive on June 29 . 3 June 19 , 1990 PUBLIC (PUBLIC COMMUNICATIONS - ITEM 1C) COMMUNICATIONS Kaibara. Mayor Kelleher announced that he and Sister Councilmember Houser had recently visited Kaibara, Cities Kent's Sister City in Japan. He noted that the citizens of Kaibara sent their best wishes to the community. The Mayor also announced that he had accepted 1, 000 origami cranes made by school children, which will be displayed at the Goodwill Games. He noted that the legend is that if 11000 cranes are folded, one wish is granted, and that his wish is for world peace. CONSENT WOODS MOVED that Consent Calendar Items A and B be CALENDAR approved. Houser seconded and the motion carried. Consent Calendar Item C was removed by Councilmember Houser. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the Council meeting of June 5, 1990. ANNEXATION (PUBLIC HEARING - ITEM 2A) ZONING Mortensen Annexation. This public hearing is the first of two hearings to consider the Hearing Examiner's recommendation for initial zoning of R1-20, Single Family Residential (20, 000 square foot minimum lot size) for the Mortensen Annexation, No. AZ-88-2 . The property is approximately 9 acres in size and is located in the vicinity of 98th Ave. S. and S. 218th St. The second public hearing will be held August 7, 1990 . Carol Proud of the Planning Department described the area and noted that the Hearing Examiner has recommended approval. Harris noted for Johnson that all of the lots are 20, 000 square feet or more. The Mayor declared the public hearing open. There were no comments from the audience and WHITE MOVED to continue this public hearing to August 7 , 1990. Woods seconded and the motion carried. STREETS (OTHER BUSINESS - ITEM 4H) Right-of-Way Acquisition - 228th and 64th AUTHORIZATION is requested for staff to pursue right-of-way acquisition at 228th and 64th Avenue, establishment of a budget for same, and transfer of $100, 000 from the Military Road (516 to Bolger Rd. ) 4 June 19, 1990 STREETS project to this project as recommended by the Public Works Committee and Internal Budget Committee. WHITE SO MOVED, Woods seconded. The motion carried. (OTHER BUSINESS - ITEM 4I) 1990 Asphalt Overlay - Transfer of Funds. As recommended by the Public Works Committee and Internal Budget Committee, authorization is requested to transfer $50, 000 from the 277th sanitary sewer trunk line fund to the miscellaneous sanitary sewer improvement fund to offset the expense of the work being done for the sewer utility in the 1990 asphalt overlay project. The Operations Committee discussed this item at their June 12 meeting. WHITE SO MOVED, Woods seconded. The motion carried. (BID - ITEM 5C) 1990 Asphalt Overlay. Bid opening was held on May 24, 1990. Three bids were submitted with M. A. Segale, Inc. submitting the low bid for Schedules I, II, III, Iv, V, VI , VII, IX, X. and XI in the amount of $305, 833 . 03 . Staff recommends this bid be accepted. WHITE MOVED that the bid submitted by M. A. Segale in the amount of $305, 833 . 03 be accepted for the 1990 Asphalt Overlay. Houser seconded and the motion carried. HEALTH AND (CONSENT CALENDAR - ITEM 3C) SANITATION (REMOVED BY COUNCILMEMBER HOUSER) Contract Modifications - sanitary Sewer Service - Midway Housing. Wickstrom explained that the Department of the Army has requested a modification of their contract with the City to include sanitary sewer service to their Midway Family Housing units. Even though their existing contract does not refer to sanitary sewer service, the service has been in place since 1954 and the Army has been paying for same. This action is necessary to bring their records and paperwork up to date. It was agreed that action tonight was not crucial and WHITE MOVED to table. Dowell seconded and the motion carried with Woods, Johnson and Orr opposing. 5 June 19, 1990 PARKS (OTHER BUSINESS - ITEM 4A) I.A.C. Grant ADDlication - Green River Trail Park - Resolution. The Parks Department seeks authorization to apply to the Interagency Committee for Outdoor Recreation for matching acquisition funds for the Green River Trail Park. The application will be for $300,000, to be matched by $300,000 from King County Open Space Bond Issue proceeds. DOWELL MOVED that Resolution No. 1247 be adopted, authorizing application for funding from the State Interagency for Outdoor Recreation Committee for the Green River Trail Park. White seconded and the motion carried. (OTHER BUSINESS - ITEM 4B) I.A.C. Grant Application - Lake Fenwick Park - Resolution. The Parks Department seeks authorization to apply to the Interagency Committee for Outdoor Recreation for matching acquisition funds for Lake Fenwick Park. The application will be for $350, 000, to be matched by $350, 000 from King County Open Space Bond Issue proceeds . DOWELL MOVED that Resolution No. 1248 be adopted, authorizing application for funding from the State Interagency for Outdoor Recreation Committee for Lake Fenwick Park. White seconded and the motion carried. (OTHER BUSINESS - ITEM 4C) I.A.C. Grant Application - East Hill Neighborhood Park - Resolution. The Parks Department seeks authorization to apply to the Interagency Committee for Outdoor Recreation for matching acquisition and development funds for an East Hill Neighborhood Park. The application will be for $400 , 000, to be matched by $400, 000 from the 1990 C. I.P. budget. DOWELL MOVED that Resolution No. 1249 be adopted, authorizing application for funding assistance from the State Interagency Committee for Outdoor Recreation for an East Hill Neighborhood Park. White seconded and the motion carried. POLICE (OTHER BUSINESS - ITEM 4G) Parking Fines. It has been pointed out that when fines were increased for parking infractions, one section of the code was overlooked. An ordinance has been prepared to correct Section 10 . 06. 210 . 6 June 19, 1990 POLICE HOUSER MOVED to adopt Ordinance 2928 increasing the parking penalty from $5. 00 to $10. 00. Woods seconded and the motion carried. (OTHER BUSINESS - ITEM 4J) Drug Seizure. The home located at 39505 S.E. 308th in Enumclaw, Washington was seized during the investigation of a major marijuana manufacturing and distribution network involving Raymond Hendrickson. This home was subsequently forfeited to the City of Kent. Although the property was appraised at $1941000, it is in need of a new roof. The City has a cash offer of $179, 500 for the property as it exists now, and the Police Chief and City Attorney recommend that the offer be accepted. MANN MOVED that the City accept the offer for the property located at 39505 S.E. 308th in Enumclaw. Woods seconded and the motion carried. FIRE (OTHER BUSINESS - ITEM 4D) Secretarial Position for King County Fire District No. 37. It will not be necessary for King County Fire District No. 37 to institute a service benefit charge at this time. This will allow the Fire District to put additional revenues toward services as provided for per their contract. Along with the recent hiring of firefighters, their next priority was to provide some additional support staff to allow them to meet district priorities. Fire Chief Norm Angelo and the Commissioners of King County Fire District No. 37 request that the hiring of an OT II secretarial position in Fire Administration be authorized. This matter has been reviewed and recommended by the Public Safety Committee. Angelo clarified that the costs will not be paid by the City. MANN MOVED to authorize the hiring of an OT II secretarial position in Fire Administration for Fire District No. 37 . Woods seconded and the motion carried. (BID - ITEM 5A) Physical Fitness Equipment - East Hill Complex The Bid East Hill Complex will serve as fire administration, police substation, fire station, police/fire training center, emergency coordination center (ECC) and an indoor shooting range. The physical fitness 7 June 19, 1990 FIRE room will be utilized by both fire and police personnel. The physical fitness equipment for the entire facility is included in these bids. Bids were advertised in such a manner to allow us to pick the components which would give us the best overall low price without compromising the specifications. Bid opening was held on June 11. After extensive analysis, the Fire Department recommends that the bids for physical fitness equipment for the east hill complex be awarded to: Nordic Track in the amount of $683 . 19 ; Body Builders Gym Equipment in the amount of $2 ,426,85; Seattle Athletic & Exercise, Inc. in the amount of $2 ,907 . 89 ; and Exercise Equipment Center in the amount of $6,099 . 54. MANN SO MOVED. White seconded and the motion carried. Bids (BID - ITEM 5B) Radio Transmitter Tower. As part of the 800 MHz Trunked Radio and Mobile Data Terminal systems implementation, the City is developing a radio transmitter tower at the Cambridge water tank site behind the West Hill Fire Station. This work was placed to bid in May, but the Fire Department recommended rejection of the resulting bids to Council at their May 15, 1990 meeting due to technical non-compliance and cost. The work was re-bid and these bids were opened on June 18, 1990. Chief Angelo recommends that the bid for the construction of the radio transmitter tower be awarded to Microflect in the amount of $55, 568 . 81 and to authorize the Mayor to sign the contract. MANN SO MOVED. White seconded and the motion carried. CITY HALL (OTHER BUSINESS - ITEM 4E) MAINTENANCE HVAC Delivery system cleaning. HOUSER MOVED that the Mayor be authorized to sign a contract with Advanced Cleaning Services for cleaning of City Hall heating, ventilation, and air conditioning delivery systems in the amount of $6, 480. Woods seconded and the motion carried. 8 June 19, 1990 FINANCE (CONSENT CALENDAR - ITEM 3B) _Approval of Bills. APPROVAL of payment of the bills received through June 15, 1990 after auditing by the Operations Committee at its meeting at 4 : 30 p.m. on June 26, 1990. Approval of checks issued for vouchers• Date Check Numbers Amount 6/1 - 6/15 92665 - 92696 $ 262,451.84 6/15/90 92697 - 93218 2 , 219, 461. 19 $2 , 481.913 . 03 Approval of checks issued for payroll• Date Check Numbers Amount 6/5/90 136376 - 137102 $ 816, 630. 32 (OTHER BUSINESS - ITEM 4F) Brokered Natural Gas Use Tax Agreement and Ordinance. The Finance Director has recommended that Ordinance 2927 be adopted and the Mayor be authorized to sign a contract with the State for collection of the gas utility use tax and transmission to the State following deduction of a surcharge as spelled out in the contract. This will provide a means for the City to obtain the equivalent of the City' s utility tax on gas purchases outside of the State. HOUSER MOVED to adopt Ordinance 2927 and authorize the Mayor to sign a contract with the State of Washington for collection of a natural gas use tax and transmission of same to the City. Woods seconded and the motion carried. REPORTS (REPORTS - ITEM 6A) Council President. Woods noted that if Councilmembers were considering requesting computers or terminals for their homes, this should be made known for input on the budget. She noted also that funds should be budgeted for appraisals, such as for the senior citizen housing sites and suggested that $20, 000 be allocated for this purpose. . 9 June 19, 1990 REPORTS (REPORTS - ITEM 6E) Public Safety Committee. Paul Mann distributed a proposed ordinance to clarify the present ordinance dealing with drugs. The ordinance would make it illegal to offer to sell or purchase drugs and will be considered by the Public Safety Committee at their next meeting. (REPORTS - ITEM 6F) Parks Committee. Dowell noted that the Parks Committee would meet at 4 : 00 p.m. on June 20th in the court room. He reminded all that the Lake Fenwick Park will be rededicated on June 26th at noon and invited citizen attendance. (REPORTS - ITEM 6G) Administrative Reports. Mayor Kelleher noted that the City has taken a strong line against having an interim or long-term jail here. White said that he supports a regional justice center, but not a jail. The Mayor then stated that if a regional justice center is proposed, it will be brought back to the Council for discussion. City Administrator Chow noted that this was Sandra Driscoll ' s last meeting, as she had accepted the position of City Attorney for Federal Way. He extended best wishes to her from the City. Appointment Bill Williamson will serve as interim City Attorney. EXECUTIVE At 8 :50 p.m. , the executive session scheduled for SESSION approximately 15 minutes to discuss pending litigation commenced. It was noted that Council action was not anticipated. ADJOURNMENT The Council reconvened at 9 : 15 p.m. and then adjourned. Marie Jen n, CMC City Clerk 10 Kent City Council Meeting Date Julv 3 1990 Category Consent Calendar 1. SUBJECT: YOUTH DAY CAMP 2 . _sggjh y STATEMENT: Authorization for additional part-time staff and expenses to expand the Youth Day Camp this summer by an additional 90 campers. The cost of expansion is $4,476. 00 and is covered by $5, 000.00 in revenue. Currently, there are 966 registered campers with 255 on the camp waiting list. 3 . EXHIBITS: Fiscal note 4. RE MENDED BY: IBC• Parks Committee; operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO d Recomme YES X FISCAL/PERSONNEL NOTE: Recommende Not nded 6. EXPENDITURE REQUIRED: $4 476.00 SOURCE OF FUNDS: Revenue from camper fees 7 . CITY COUNCIL ACTION: � Councilmember moves Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3C MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- F '-Nject: YOUTH DAY CAMP - FISCAL NOTE (.......ator: Tony MCCARTHY / KENT70/FN Dated: 06/26/90 at 1509 . THE PARK DEPARTMENT IS REQUESTING ADDITIONAL PARTTIME STAFF AND EXPENSES TO EXPAND THEIR YOUTH DAY CAMP THIS SUMMER BY AN ADDITIONAL 90 CAMPER WEEKS. THE COST OF THE EXPANSION IS $4,476 AND IS COVERED BY $5, 000 IN REVENUE (90 CAMPER WEEKS AT AN AVERAGE OF $50 PER WEEK) . THE REQUEST IS BEING MADE AT THE REQUEST OF THE PARK COMMITTEE WHO ON JUNE 20TH HEARD A "YOUTH AT RISK" PROPOSAL FOR THE 1991 BUDGET. AS BACKGROUND FOR THAT PROPOSAL THEY HEARD THAT THERE WERE 966 REGISTERED CAMPERS WITH 255 ON THE CAMP WAITING LIST. SINCE THE REQUEST IS FOR ONE TIME ONLY COSTS AND IS ENTIRELY SUPPORTED BY NEW REVENUE, THE IBC RECOMMENDS AUTHORIZATION. 1 C� y Kent City Council Meeting Date July Category Consent Calendar r 1. SUBJECT: SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN (TIP) 2 . SUMMARY STATEMENT: Authorization to set July 17 as date for n -,,,7 public hearing on the update of the City's Six-Year Transportation Improvement Plan (TIP) . 3 . EXHIBITS: None 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISgWPERSONNEL IMPACT: NO /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. 3D ............. Kent City Council Meeting Date July 3 . 1990 Category Consent Calendar 1. SUBJECT: QUIT CLAIM DEED - DRAINAGE FACILITY S.R. 516 - 160TH AVE. S.E. 2 . SUMMARY STATEMENT: As approved by the Public Works Committee, authorization to quit claim deed to the State the City's drainage easement rightSobtained along S.R. 516 in the vicinity of 160th Ave. S.E. 3. EXHIBITS: Excerpt and supporting material from May 15, 1990 Public Works Committee meeting. 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. 3E O � Public Works Committee May 15, 1990 Page 2 family resident but would increase the commercial rate. In addition they want to implement a capacity charge for new customers. If the City were to implement the equivalency change in our billing mechanism and include Metro ' s rate increase, the single family residential bill would decrease by 2% and commercial accounts would increase by 17%. Wickstrom continued he is recommending the Council not take any action on this amendment until we have determined what the city ' s costs will be for cleanup of the sewage lagoon. Metro could possibly have some financial liability in that as well . Approval would increase the City' s bill to Metro $160, 000 per year. Council may elect to implement its own equivalency change and use the money gained in that manner to pay off debts and clean up the lagoon. The Committee unanimously approved to recommend tabling the item. Quit Claim Deed - Drainage Facility SR 516 - 160th Avenue S .E. to Jenkins Creek The State will be improving Kent Kangley in the Covington area. The City has two transmission mains which run through the project. The State originally required us to move the mains. However, we have negotiated an agreement whereby they would modify their drainage design as much as possible and if there were any easements required to construct the new alignment, the City would acquire those. There was one easement required, we have obtained same and are requesting authorization to transfer that to the State. The Committee recommended approval . Kent Disposal - Authorization to Extend Contract for Garbage Service Wickstrom explained the contract with Kent Disposal is about to expire. A nine-month extension of the existing contract from date of expiration is recommended during which it is anticipated we would be able to facilitate settlement of the litigation in progress with the City' s second hauler. At that time, depending upon the outcome of the litigation, we could begin negotiations on a new contract. The Committee recommended approval to extend the contract. 94th Between Canyon and James Nizlek commented the Public Safety Committee had directed him to stencil 1125 MPH" on the pavement. He anticipates costs for this to be approximately $640 . He recommended we also stencil 114th Avenue S .E. at the same time. The Committee approved. C DEPARTMENT OF PUBLIC WORKS MAY 15, 1990 TO: Public Works C1o1m`imittee FROM: Don Wickstrom, Director of Public Works RE: Quit Claim - Drainage Facility SR516 - 160th Avenue S .E. to Jenkins Creek - In conjunction with the State improvement of SR516 from SR 18 to Wax Road, and in order to keep them from requiring us to relocate our Clark Springs transmission main, we negotiated drainage design changes with the state. As a result, we had to acquire a drainage easement for them. As such, we are requesting authorization to grant/assign our easement to the state . �OL Kent City Council Meeting Date July 3 1990 Category Consent Calendar 1. SUBJECT: APPOINTMENT 2 . SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Raul Ramos to the Board of Adjustment to replace Beth Carroll who recently resigned. This appointment will continue through February 1991. 3 . EXHIBITS: Memo from Mayor. 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDQTED 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. 3F M E M O R A N D U M TO: JUDY WOODS, CIT COUNCIL PRESIDENT CITY COUNCIL MEM RS FROM: DAN KELLEHER, MAYOR� r,, DATE: JULY 31 1990 SUBJECT: APPOINTMENT TO BOARD OF ADJUSTMENT I have recently appointed Mr. Raul Ramos to the Kent Board of Adjustment. Mr. Ramos will replace Beth Carroll, who has written a letter of resignation effective July 10, 1990. Mr. Ramos holds a Masters Degree in Urban Planning and was employed as an Associate Planner with the City of Kent from 1974-1979 . He is currently active as a planning and development consultant. Mr. Ramos ' appointment will become effective July 11, 1990 and continue through February, 1991. I submit this for your confirmation. DK:jb J Kent City Council Meeting Date July 3 . 1990 Category Consent Calendar 1. SUBJECT: 1991 BUDGET U2 .19N, SUMMARY STATEMENT: Authorization to set a public hearing onw the 1991 Budget for July 17, 1990. 3 . EXHIBITS• None 4 . RECOMMENDED BY: Staff (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. 3G l r /u- Kent City Council Meeting Date July 3 . 1990 Category Consent Calendar 1. SUBJECT: BANKING SERVICE ORDINANCE 2. SUMMARY STATEMENT: As recommended by the Operations ac?3 Committee at their June 26 meeting, adoption of Ordinance related to the City's banking business. The ordinance allows for a three year banking contract as recently agreed to with U.S. Bank of Washington, plus removes outdated language related to repurchase agreements, interest-bearing warran s, and check signatures frm a A` ,rj2q� v?d 3 . EXHIBITS: Ordinance 4. RECOMMENDED BY: Finance Department; Operations 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. 3H S Tl ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, authorizing payment of bills and payrolls by bank check rather than by warrant; designating the Finance Director as the officer authorized to sign such checks; designating those persons authorized to sign checks in the event of the absence or disability �Qf the 7 Finance Director, WHEREAS, the City Council adopted Ordinance 2297 providing direction for payment of obligations and for obtaining bank services; and WHEREAS, on May 15, 1990 after a competitive process, the City Council selected a bank to provide service to the City for three years; and WHEREAS, Ordinance 2297 provides that such agreement shall be for two years; and WHEREAS, the Council, by its action on May 15, 1990 determined that it is in the interest of the citizens for the efficient operation of the City to contract for services for a minimum of three years; and WHEREAS, the Council desires to amend Ordinance 2297 to reflect current City practices and to ratify, through this ordinance, its action on May 15, 1990; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The contract for banking services with U.S. Bank approved by the City Council on May 15, 1990 is hereby ratified. Section 2. The payment of claims or other obligations o the City shall be paid by bank check, debit memo or wire transfer. Section 3. In order for the City of Kent to obtain a banking relationship that provides maximum services to the City, the City shall solicit competitive proposals. A. The banking services of the City will be reviewed every three years. The Council may decide to exten for an additional period of time or may direct the Finance Department to solicit a new agreement. B. The banks to be considered must be full-service banks. The banks also must have complete investmen departments which will, without solicitation, keep the City informed of interest rate changes, investment opportunities, or other market conditions which would affect the return or investment of City funds. C. The banks must provide copies of all documents required by State law. The banks must meet or exceed the requirements outlined therein. D. Although a bank will be appointed to handle the regular checking activity, the City will reserve the right to rescind such appointment, should the banking relationship become unsatisfactory. This will require a majority vote of the City Council. E. The investment activities of the City will in no wa be affected by the appointment of a bank to handle the City's Regular Checking Account. All investmen activity will be handled at the direction of the Finance Director, in accordance with State laws. Section 4. The Finance Director of the City of Kent is hereby designated as the officer authorized to sign checks. In the event of the absence or incapacity of the Finance Director, the City Administrator is authorized to sign such checks. Section 5. Ordinance 2297 of the City of Kent be and the same is hereby repealed in its entirety. 2 - rr� / Kent City Council Meeting Date July 3 , 1990 Category Consent Calendar 1. SUBJECT: SCOTT WETZEL AGREEMENT 2 . SUMMARY STATEMENT: Authorization to renew for 1990 the workers compensation claims administration service agreement with Scott Wetzel Services, Inc. 3 . EXHIBITS: Memo and agreement 4 . RECOMMENDED BY: Operations Committee and staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISgWPERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS, 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: - Council Agenda Item No. 3I �Q MEMORANDUM DATE: June 26, 1990 1 TO: City Council Operations Committee FROM: Don Olson, Personnel Director SUBJECT: SELF-INSURED WORKERS' COMPENSATION CLAIMS ADMINISTRATION The purpose of this memorandum is to discuss the renewal of our workers' compensation claims administration service agreement. We have managed our self-funded program since July 1979 , and Scott Wetzel Services, Inc. has provided claim services during that period. We wish to continue our relationship with Scott Wetzel Services at this time and recommend the Mayor be authorized to sign the renewal agreement for 1990. The renewal agreement reflects the same claim rate as last year. An increase in the minimum deposit from $10,750 to $11, 000 reflects an increase in the safety and loss control rate from $65 per hour to $70 per hour. If you have any questions regarding this agreement please contact me directly at 859-3358 . RECEIVED � i'�ii�' ► r� MAY 2 2 SO S E R V I C E S , I N C. PERSONNEL DEPT. Risk Management Planning and Support May 18 , 1990 Mr. Don E. Olson, Jr . Director of Personnel City of Kent 220 4th Avenue South Kent , Washington 98032 Dear Mr. Olson: Please find enclosed two copies of the renewal Agreement proposed by Scott Wetzel Services for workers ' compensation claims adminis- tration and safety/loss control support. Since you are a new con- tact for me, I thought you might appreciate an opportunity to re- view the enclosed information before we get together. The Agreement itself is proposed at the same claim rate as last year. The modest increase in the minimum deposit from $10 ,750 to $11 ,000 reflects an increase in the safety and loss control rate from $65 per hour to $70 per hour. As a brief recap, below you will see a comparison of claim volume and type for the last four years . We can review this in greater detail. M.O. IND. TOTAL IND . RATIO 1990 projected 44 13 57 23% 1989 52 10 62 16% 1988 49 19 68 28% 1987 50 16 66 24% Scott Wetzel Services is very proud of its automated medical bill payment system which insures the minimum payment allowed by state law will be paid to medical care providers . From May 1 , 1989 to May 1 , 1990 , the City of Kent was billed $53, 313 . 29 for medical services; $42 , 279 . 37 was paid; savings to the City of $11 ,033 . 92 or $20 .70%. The documented savings on your medical bills alone is greater than Scott Wetzel ' s service fee . No other service com- pany in Washington can offer you this feature. 500 Pacific Avenue, 7th Floor • P.O. Box 418 • Bremerton,Washington 98310 Phone: (206)479-0200 Fax: (206)479-8297 Mr. Don E. Olson, Jr. Director of Personnel City of Kent Don, I would like for us to get together in the next week or two. Please give me a call to set up a convenient time for me to meet with you. Hopefully, we can have lunch. Sincerely, Anne Conner Account Executive AC:dg Enclosures 5/01/90 REPORT SYSTEM ANNE 17 : 10 : 01 MEDICAL PAYMENTS BY CLIENT SEA 5/01/89 - 5/01/90 CLIENT NAME: CITY OF KENT TOTAL AMOUNT BILLED 53 , 313 . 29 TOTAL AMOUNT PAID 42, 279 . 37 TOTAL SAVINGS 11 , 033. 92 PERCENT OF TOTAL 20 .70 % A G R E E M E N T AGREEMENT, made and entered into this day of 1990, by and between Scott Wetzel Services, Inc: , a Washington Corporation with its princi- pal place of business at 500 Pacific Avenue, Bremerton, Washington 98310 (hereinafter referred to as "SWS") and CITY OF KENT, with its principal place of business at 220 4th Avenue South, Kent, Washington 98031 (hereinafter referred to as "City") : W I T N E S S E T H WHEREAS, City maintains a self-insured plan to cover its workers' compensation liabilities in the State of Washington; and SWS has agreed to perform certain services in connection therewith, as herein set forth: NOW, THEREFORE, it is agreed as follows: 1. The term of this Agreement shall be for a period of one (1) year com- mencing July 1, 1990 and ending June 30, 1991. The Agreement may be terminated by either party giving not less than sixty (60) days written notice to the other party except for non-payment of fees or change in jurisdictional or other administrative regulations affecting this Agree- ment. 2. During the period of this Agreement, SWS shall represent and act for City in matters pertaining to the liability of City for claims based on events which occur during the term of this Agreement under the Workers' Compen- sation Act of the State of Washington. During the term hereof, SWS shall devote its best efforts in the conduct of its duties hereunder. Such duties shall be the following: (a) Receive notice of and create files on each claim reported and maintain these files for City. (b) Investigate all claims as required to determine their validity and compensability. (c) Determine proper benefits due on compensable cases. (d) Request timely payment of benefits due, in accord with payment procedures as established from funds provided by City. City will be wholly responsible for providing such funds as may be required for these payments. (e) Prepare documentation and defenses of cases considered noncompensa- ble and assist selected legal counsel in preparation of cases for hearings, appeals, and/or trial. (f) Maintain and provide City pertinent data on all claim payments. 2 - (g) Provide monthly and/or quarterly computerized loss reports in a tailored format, as mutually agreed at inception of the program, showing descriptive data, details of each month's payments, total payments, reserves and total experience for each claim. Data reporting services, in accordance with this Agreement, are limited to the reporting format, content and number of copies specified in Addendum One. Subsequent expansion and/or modification of services including changes in report distribution, at the option of SWS, may be subject to additional charges. (h) Provide excess insurers such reports as they may reasonably require within specific excess coverage reporting requirements. M Provide information and assistance as may be reasonably required for preparation and filing of all reports required by any state agency in connection with City's approved self-insured status. (j) File with the appropriate State Administrative Departments such information as is required on each claim. (k) Provide loss prevention services, defined as loss control, indus- trial hygiene, consultations, and surveys as mutually agreed. 3. In consideration of the services to be performed by SWS hereunder, City shall pay to SWS: (a) A minimum basic annual fee of eleven thousand dollars ($11,000) for up to sixty (60) claims per year, payable quarterly in advance. The first payment will be due within twenty (20) days of commencement of this Agreement, and subsequent payments will be due within twenty (20) days of the beginning of each quarter thereafter. (b) An adjusted fee of one hundred twenty-five dollars ($125) per claim for each claim over sixty (60) annually, payable twenty (20) days after receipt of an audit statement based on the computer loss report showing cumulative number of claims. (c) SWS has agreed to make available up to fifty (50) hours of loss control services annually, payment for which is included in the fee stated in Section three (3) article (a) . Additional loss control will be available at the rate of seventy-five dollars ($75) per hour. Industrial hygiene services will be charged against con- tracted loss control hours at the rate of 1. 14 hours of loss control for each hour of industrial hygiene. Additional industrial hygiene will be available at the rate of eighty dollars ($80) per hour. (d) Additional services requested by City will be compensated at such fee and payment terms as mutually agreed by both parties. (e) Invoices not paid on a timely basis will be surcharged a finance fee of 12% annual interest rate. - 3 - In the event City fees are not paid within sixty (60) days of the date of invoice, SWS may terminate this Agreement, at its option, after ten (10) days written notice to City. 4. Billing for excess claims will be submitted at the end of the annual term and quarterly thereafter based upon the cumulative claim count as con- tained in the computer reports required by section 2 (g) of the Agree- ment. A final adjustment of fee will be made as of eighteen (18) months following the end of the contract term. Any claims occurring during the term of this Agreement which are reported more than eighteen (18) months following the end of the contract term will be subject to additional fees for administration to be agreed upon by the parties. 5. SWS will Indemnify and Hold Harmless City from any and all loss, cost, fines, assessments, penalties or expense to which City may be subjected solely as a consequence of the willful misconduct or negligent acts or omissions of SWS and/or its employees in connection with fulfilling its obligation under this Agreement. 6. City will Indemnify and Hold Harmless SWS from any and all loss, cost, fines, assessments, penalties or expense incurred by SWS and/or its employees as a result of the performance of this Agreement by City and/or its employees unless caused solely by the negligent act or omission of SWS and/or its employees. 7. City agrees: (a) To pay to SWS the fees provided for hereunder. (b) To pay all allocated loss expense, as hereinafter defined, in addition to the fees to be paid to SWS. Allocated loss expense is defined as all attorney's fees, court and/or hearing costs, costs of depositions, documents and exhibits, witness and expert fees, medical and engineering appraisal, surveillance, independent adjust- ing, photography and other incidental and special costs incurred to evaluate compensability of claims. (c) To pay all loss control expense, as hereinafter defined, in addition to the fees to be paid to SWS. Loss control expense is defined as excess air or auto travel beyond a fifty (50) mile radius of the assigned SWS Loss Control Specialist's domiciled office, industrial hygiene supplies, laboratory fees, requested training materials, safety promotional materials, associated shipping and handling, and other incidental and special costs incurred in the provision of loss control services. (d) To be wholly responsible for providing funds to pay claims and expenses, as requested by SWS. (e) To advise SWS on a timely basis of all pertinent excess insurance reporting requirements and/or reporting modifications for all annual periods for which claim administration services are provided. - 4 - (f) This Agreement is entered into with the understanding that existing Federal, State, or other jurisdictional regulations will remain in effect for the duration of this Agreement. City agrees that should administrative or other costs of service provided hereunder be substantially increased as a result of modi- fications in existing law, enactment of new legislation, or promul- gation of new administrative guidelines, SWS service fees may be renegotiated during the Agreement term. If revised fee agreements cannot be reached, SWS may terminate this Agreement, at its option, after thirty (30) days written notice to City. 8. All claims and related files generated by SWS as a result of its activity under this Agreement shall remain at all times the property of City with the exception of any supporting data required by SWS to make such ac- countings to City or excess insurers as are required in this Agreement. SWS will retain claim files for one year following date of closure. Thereafter, files will be returned to City or forwarded to such location as may be designated for continued storage. Upon SWS' request, closed claim files will be returned for additional administration as may be required. In the event of termination or non-renewal of SWS services, and assump- tion of continuing administration of claims by City, SWS will transfer all open and retained closed claim files to City, or its designee, as of the effective date of termination. 9. SWS is retained by City only for the purposes and to the extent set forth in this Agreement, and its relationship to City shall be that of an independent contractor. 10. City agrees during the term of this Agreement and for a period of one (1) year following its termination it will not employ any person employed by SWS during the term of this Agreement without the prior written consent of SWS. 11. Any notice required or permitted to be given under this Agreement shall be sufficient if given in writing and by registered or certified mail to City or to SWS at the addresses first set forth above or to any other address of which written notice of change is given. 12. The waiver by SWS or City of the breach of any provision of this Agree- ment by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. - 5 - 13. This Agreement is for the period provided for in Section 1. Any continu- ation or renewal of this Agreement shall be the subject of further negotiation between the parties. Upon termination of this Agreement, in whole or in part, in accordance with Section 1, and/or non-renewal, in entirety or of any major operating subsidiary, entity or portion thereof, City shall have the option to: (a) Assume all open claims pending for the terminated or non-renewed portion of the program as of the effective date of termination or non-renewal, provided, however, that SWS shall be entitled to receive its full fee for all claims entered into its data files prior to the effective date of termination or non-renewal; or (b) Upon agreement by both parties, of a rate of compensation, require SWS to continue administration, to conclusion, all open claims associated with that portion of the program terminated or non- renewed. Such rate of compensation shall thereafter be reviewed by the parties on an annual basis and shall be the subject of mutual agreement between the parties. Adequate funds shall continue to be made available by City for the payment of claims and allocated loss expense until all claims are liquidated. 14. The obligation of SWS to perform its duties hereunder is conditioned upon City's cooperation with SWS with respect to the activities of SWS includ- ing, but not limited to, responding to SWS' requests for information promptly; providing excess carrier reporting requirements; meeting with SWS and/or third parties, as may be needed; making decisions on matters which, in the professional opinion of SWS, should be made by City; the provision of funds referred to in Section 7; and performance by City of all other obligations of this Agreement. 15. This Agreement may not be assigned by either party without the prior written consent of the other party. This provision shall not prohibit SWS from subcontracting for any of the activities to be performed by SWS without any requirement of obtaining the approval of City provided, however, that any such subcontracting shall not relieve SWS of its obligations to City under this Agreement. 16. Any unresolved dispute between City and SWS which may arise from the obligations of either party as set forth herein, will be resolved by arbitration. Such arbitration shall be binding upon City and SWS. Each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within thirty (30) days, either may request that selection be made by a judge of a court having jurisdiction. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. The laws of the State of Washington will apply. 17. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no - 6 - further force and effect upon the execution and delivery hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. All terms, conditions, definitions as set forth in the Agreement will be interpreted under the laws of the State of Washington. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate counterparts as of the date first above written. CITY OF KENT ATTEST: By Date Signed Title SCOTT WETZEL SERVICES, INC. ATTEST: By Date Signed May 7, .990 Title Vice President - 7 - ADDENDUM ONE TO THE AGREEMENT BETWEEN CITY OF KENT ("City") AND SCOTT WETZEL SERVICES, INC. ("SWS") EFFECTIVE: JULY 1, 1990 Report Frequency Distribution Loss Experience Summary Monthly 2 - Client Per Department 1 - Broker Current Month Payments Monthly 2 - Client 1 - Broker Comparative Statistical Analysis Quarterly 2 - Client 1 - Broker - End - blk/Kent/2d pvtj Kent City Council Meeting Date Julv 3 . 1990 Category Other Business 1. SUBJECT: CONTRACT MODIFICATION - SANITARY SEWER SERVICE - MIDWAY HOUSING/DEPARTMENT OF THE ARMY 2 . SUMMARY STATEMENT: This item was tabled at the last meeting and is being brought back before the Council at this time for reconsideration. As presented previously, the Department of the Army has requested modification to their contract to include sanitary sewer service to the Midway Family Housing units. They have been receiving and paying for sanitary sewer service, and this action has been requested to bring their records and paperwork up to date, 3 . EXHIBITS: Excerpt and supporting material from 6/5/90 Public Works Committee meeting. 4 . RECOMMENDED BY: Public Works Committee and Staff (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 P4 _ moves, Councilmember seconds DISCUSSION• !� ACTION• Ci Council Agenda Item No. 4A PUBLIC WORKS COMMITTEE JUNE 5, 1990 PAGE 2 City Center Signing Nizlek explained that several areas have been identified where signs indicating "City Center" with an arrow could be placed. He continued that Mimi Castillo has indicated there are funds available in Administration for a signing program. Nizlek explained his proposal has been prompted by a request from KDA to develop a plan to place some City Center signs. Mimi had suggested those "City Center" signs that would be placed near the entrances into Kent be supplemented with a "Welcome to Kent" sign. White stated he likes the idea but wants to be sure the "Welcome to Kent" signs are placed at the City limits . Nizlek stated this was not intended to be a city entrance sign treatment. He had , suggested to Mimi that she should contract with someone to develop such a program. White stated he would support city center signs if they were part of a package for city limit signs. He added this is discussed every year at Council retreat. Hansen suggested the signs be designed in-house and the available funds be used toward building the signs. It was determined that Public Works staff would work with Jim Hansen to develop recommendations as to locations of the signs and bring that back before the Committee the first meeting in July. A draft design and proposed cost for the signs should be available for the Committee by first meeting in August. Nizlek commented that KDA had asked their request for City Center signs be handled separately. The Committee agreed with that request. Contract Modification - Sanitary Sewer Service Midway Housing - Department of the Army Wickstrom explained the Department of the Army' s contract for utility service to the Midway Housing units only refers to water service. They have been paying for sanitary sewer service all along and would like to bring their paperwork up to date by modifying their contract to include sewer service. The Committee unanimously recommended approval. Traffic Study - 94th Avenue S . Between James & Canyon This item was referred to the Committee by the Public Safety Committee. Orr stated it was suggested that both Committees review the issue to get as many ideas as possible to resolve the problem. Nizlek reported the 25 MPH templates have been purchased and as soon as weather permits, the marking will be completed. He continued that the sight problem at the intersection of 94th and City of Kent, Washington Kent Public Works Committee Date June 5 , 1990 Category 1. SUBJECT: Contract Modification - Sanitary Sewer Service - Midway Housing Department of the Army 2 . SUMMARY STATEMENT: The Department of the Army has requested a modification of their contract with the City to include sanitary sewer service to their Midway Family Housing units. Even though their existing contract does not include sanitary sewer service, they have been paying for same. This action is necessary to bring their records and paperwork up to date. 3 . EXHIBITS: Letter from Department of the Army 4 . RECOMMENDED BY: Don Wickstrom 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: CITY OF KENT � A�tt"inrurq`� DEPARTMENT OF THE ARMY � �. HEADGUARTERS, 1 CORPS AND FORT LEWIS APR 1990 . �( FORT LEWIS. WASHINGTON 98433 5000 ; ENGINEERING DEPT. HEPIY TO April 23 , 1990 T •�'^'*Ma°`" ATENTION OF. Directorate of Contracting City of Kent 220 4th Avenue South Kent, Washington 98032-5895 Gentlemen: Reference Contract Number DAKF57-74-C-0386 for Water Service, Midway Family Housing, Midway, Washington. The enclosed Modification Number P00010 has been prepared to incorporate sewage service into the contract. This modification shall consolidate water and sewage service under one contract. The modification has already been reviewed and approved for signature by Headquarters. It is requested that no changes be made to these documents. Should you have any questions regarding this modification, they should be addressed under separate cover for evaluation and reply by our personnel . If you do not have any questions, please sign the original and two (2) copies and return to the Directorate of Contracting, Building 9504 , Fort Lewis Logistics Center, Fort Lewis, Washington 98433-5000 . Retain one (1) copy for your suspense file. After signature by the Contracting Officer, a fully executed copy will be mailed to you for your records. For additional information contact Olive Lenney, Contract Administrator, at (206) 967-2151, extension 248 . sincerely, R. S . Anderson ContractingOff icer Enclosure A Kent City Council Meeting Date July 3 . 1990 Category Other Business 1. SUBJECT: AMENDMENTS TO TREE PRESERVATION REGULATIONS NO. ZCA-90-1 2 . SUMMARY STATEMENT: On April 30, 1990, the Planning Commission recommended modifications to the City's existing zoning regulations relating to tree preservation. Specifically, the amendment strengthened the enforcement procedures, clarified definitions and procedures, and offered some flexibility in ordinance administration. 3 . EXHIBITS: Cover memo; staff report to Planning Commission for 1990; minutes of Planning Commission meeting 4/30/90. 4 . RECOMMENDED BY: Planning Commission 4/30/90 (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT• NO > YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: N/A SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to approve the recommendations of the Planning Commission pertaining to modifications to tree servat yr�e-gulations No. �Z,CJA-90-1%►- -t� , DISCUSSION. \j � ACTION• Council Agenda Item No. 4B i crry cF Witzak KENT PLANNING DEPARTMENT June 28 , 1990 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: PLANNING COMMISSION RECOMMENDATION ON CHANGES TO ZONING CODE REGULATIONS RELATING TO TREE PRESERVATION #ZCA-90-1 On April 30, 1990, the Planning Commission voted to recommend certain changes to the City' s zoning code relative to tree preservation. The matter of tree preservation had been referred to the Planning Commission by the Council 's Planning Committee on March 6, 1990 . The Planning Commission originally recommended revisions to the tree ordinance in November 1985, but no final action was ever taken by the City Council on this proposal. In January 1986 , the City Council sent the matter to its Planning Committee where it remained until it was referred to the Commission in March 1990. The recommended changes by the Planning Commission address the original concerns expressed by the City Council when this matter was originally reviewed nearly four years ago. These concerns were clarity, flexibility, and enforcement. Definitions were added and the purpose statement was modified to clear up the intent of the regulations. The recommendation retains the original provisions allowing for site plan flexibility in order to preserve significant trees. Finally, the enforcement provisions are strengthened by the addition of penalties for illegal removal of trees and by extending to the Planning Department the authority of "stop work notices. FNS:JPH: ca KENT PLANNING COMMISSION MINUTES April 30, 1990 The meeting of the Kent Planning Commission was called to order by Vice Chair Faust at 7 : 30 p.m. April 30, 1990 in the Kent City Hall, City Council Chambers. COMMISSION MEMBERS PRESENT: Tracy Faust, Vice Chair Anne Biteman Frank Chopp Willie Gregory Coleen Miller Raymond Ward PLANNING COMMISSION MEMBERS ABSENT: Linda Martinez, Chair Elmira Forner Greg Greenstreet PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Lois Ricketts, Recording Secretary CERTIFICATES OF APPOINTMENT Vice Chair Faust presented Planning Commission Certificates of Appointment to Commissioners Miller, Chopp and Gregory. APPROVAL OF PLANNING COMMISSION MINUTES OF FEBRUARY 26 1990 Vice Chair Faust pointed out that the name Linda Faust should be changed to Tracy Faust. Commissioner Ward MOVED that the minutes of the February 26, 1990 meeting be approved as corrected. Commissioners Miller and Gregory SECONDED the motion. Motion carried. TREE PRESERVATION REGULATIONS (ZCA 90-1) FS Fred Satterstrom presented the need for an update of the tree preservation ordinance. When trees are illegally removed during development or prior to development, they should be replaced. He expressed the need for a new purpose statement. The underlined statements are additional language to Section 15. 08 . 240 PRESERVATION OF TREES. Following is the new purpose statement: Kent Planning Commission Minutes April 30, 1990 A. Purpose Retention of significant trees as required by this section is necessary to maintain and protect property values to enhance the visual appearance of the City, to preserve the natural wooded character of the area, to promote utilization of natural systems, to reduce the impacts of development on the storm drainage system, and to provide a transition between various land uses in the Cif He pointed out that "seven-inch caliper" was the recommended size of trees in 1985. This has been changed to "six-inch diameter, " the current industry standard. The term "caliper" has been eliminated and replaced with the term "diameter" . B. Regulations Application of regulations for the preservation of significant trees: 1. On all undeveloped property in the City of Kent, all trees of a six (6) inch diameter or greater shall be retained on the property where they are growing. 2 . Where it is not feasible to retain all trees on site due to proposed development, a site specific Tree Plan, drawn to scale, shall be prepared. The Tree Plan shall indicate the precise location of all trees of six (6) inch diameter or greater on the site, in relation to proposed buildings, streets, parking areas, storm drainage facilities and utilities. Trees to be retained shall be protected during construction and the drip line shall be delineated with boundary markers. No grade changes or storage of materials shall be allowed within the tree drip line Drainage patterns shall not be significantly altered that may be detrimental to the subject trees. 3 . The Tree Plan shall be submitted to the Kent Planning Department for their review prior to the issuance of a zoning or building permit. 4 . The Planning Department shall review the tree plan in relation to the proposed development and make a determination of which trees will be permitted to be removed. 2 Kent Planning Commission Minutes April 30, 1990 Mr. Satterstrom felt there was a need to include flexibility in site planning. The Planning Director should be able to waive specific requirements in order to make adjustments in - the siting of buildings when special trees need to be preserved. 5. The Planning Department may cause a modification of the development plan to ensure the retention of the maximum number of trees. Should the applicant elect to alter the development plan in order to preserve special trees or wooded areas in a natural state, the Planning Director may waive specific requirements to allow for flexibility and innovation of design. 6. There shall be no clear cutting of trees of six (6) inch diameter or greater on undeveloped land for the purpose of preparing that site for future development. The enforcement section contains new language which applies to trees which are illegally removed from undeveloped land. He presented the staff ' s amended language: C. Enforcement Illegal removal and restoration of trees 1. Trees removed illegally from undeveloped land or trees designated for retention which are damaged or destroyed shall be replaced as follows: a. One existing tree at six (6) inches diameter shall be replaced by two (2) new trees. b. For each additional three (3) inches of diameter, one new replacement tree shall be added up to a maximum of six (6) trees. c. Replacement deciduous trees shall be at least three (3) inches in diameter at time of planting and evergreens shall be at least twelve (12) feet in height. In addition to the above amendments, the Planning Department recommends the following modifications to Definitions, Section 15. 02 of the Kent Zoning Code: Drip Line: A circle drawn at the soil line directly under the outermost branches of a tree. 3 Kent Planning Commission Minutes April 30, 1990 Tree: A tree shall mean any living woody plant characterized by one main stem or trunk and many branches, having a diameter of six (6) inches or more measured at three (3) feet from ground level . Special trees• Trees significant due to their size, age, species and variety, or historical importance. He pointed out that the copper beach tree on the Cypress Inn site was preserved at the request of the Planning Department. Undeveloped land• A parcel of land which does not have an inhabitable building and/or the inhabited buildings occupy no more than three percent of the total parcel area. Mr. Satterstrom pointed out that at the present time when staff goes out to enforce the tree regulations, the planner must return to the office, contact the Building Department, and then a Building Department representative must return to the site to red tag the area in violation. By the time the site has been cited, the land often would be stripped of vegetation. Staff needs the ability to red tag the development without coordinating with the Building Department. In order to aid the enforcement of the regulations and provide a procedure for the City to act promptly and directly with violators of the tree regulations, the Planning Department recommends the following language be added to Section 15. 09. 100 Violations: D. Stop Work Notice Whenever any work is being done or site is being occupied contrary to the provisions of the Kent Zoning Code, the Planning Director or designated representative may order the work stopped or site be vacated by notice in writing served on any persons engaged in the doing or causing such work to be done or site to be occupied and any such persons shall forthwith stop such work or site occupation until authorized by the Planning Director or designated representative to proceed. Mr. Satterstrom noted that the terms "preferred species" and "forest protection areas" have been eliminated from this amendment. Vice Chair Faust felt that the proposed amendment was clearly stated and that the Regulations section included the flexibility that was needed. Commissioner Miller felt that even though the term "preferred species" had been eliminated, the intent had been included, and the proposed ordinance gives latitude to Planning 4 Kent Planning Commission Minutes April 30, 1990 Department to preserve special trees. Commissioner Gregory felt that the reference to the drip line was clearly stated. When asked about the Enforcement section, Mr. Harris explained that in the development of the Shires site the contractor claimed that the site was denuded of trees by mistake. At the present time there is no penalty for unauthorized tree removal. He felt that the proposed amendment would give staff authority to ' enforce the code. Commissioner Gregory felt that the proposed ordinance included the flexibility and enforcement needed. Mr. Chopp expressed concern that a clear distinction between developed and undeveloped property be stated. Mr. Harris responded that this amendment dealt only with trees on undeveloped land. He was especially concerned with trees on hillsides. Mr. Satterstrom pointed out that staff goes through the development review process with each developer, which includes submitting a tree plan, and superimposes the proposed development over the existing wooded area. After all the permits are in order, the cutting of trees is allowed. Vice Chair Faust commented that the language of the "Stop Work Notice" should parallel the language used in the Uniform Building Code. Discussion followed regarding the placement of definitions. The Commissioners felt that the definitions should be included under the Purpose section so that the terms that are used in those regulations would be clearer. Commissioner Ward MOVED that the Commission recommend to the City Council the staff recommended amendments regarding the Preservation of Trees. Commissioner Miller SECONDED the motion. Motion carried unanimously. Vice Chair Faust commented that the definitions should be moved to the Purpose section. Mr. Harris added that the definitions will appear in the Definition section of the ordinance. ADJOURNMENT Commissioner Ward MOVED to adjourn the meeting. Commissioner Gregory SECONDED the motion. Motion carried. The meeting was adjourned at 8: 30 p.m. Respectfully submitted, Ja es P. Harris, Planning Director 5 PLANNING DEPARTMENT April 19, 1990 To: Linda Martinez, Chair, and Planning Commission Members From: Fred N. Satterstrom, Planning Manager Subject: Proposed Modifications to Tree Preservation Regulations Zoning Code, Sections 15. 08 .240, 15. 02 , and 15. 09. 100 This report includes proposed amendments to the Kent Zoning Code relative to tree preservation, specifically Sections 15. 08.240, 15. 02 and 15.09. 100. This matter was discussed in workshop with the Planning Commission on March 19, 1990. A public hearing on the proposed amendments has been duly advertised for April 30, 1990. Background On March 6, 1990, the City Council Planning Committee resurrected the proposed tree ordinance and referred it to the Planning Commission. The Planning Commission originally recommended revisions to the tree ordinance in November 1985, but no final action was ever taken by the City Council. The City Council sent the matter to its Planning Committee where it remained until March 1990. The City Council Planning Committee has requested the Planning Commission to once more review the proposed tree ordinance, and update said regulations in light of the experience of the past four years. The current regulations pertaining to tree preservation were adopted by Ordinance #2452 , adopted in January 1984 . A copy of this ordinance is attached as Exhibit A. Also, the 1985 Planning Commission recommendation on proposed amendments to the ordinance is attached as Exhibit B. Existing Regulations on Tree Preservation Tree preservation regulations adopted by Ordinance #2452 were codified in the Kent Zoning Code, Section 15.08.240 Preservation of Trees. Currently, review of proposed development plans is conducted based upon these regulations. Generally, Kent' s tree preservation provisions apply to undeveloped properties which are proposed for development of any kind, including single-family residential. Trees of significant size (six (6) inches in diameter and greater) are required to be indicated on the site plan. During the review of proposed development plans, the Planning Department works with the developer to retain as many trees as practicable. Trees Proposed Tree Preservation Regulations April 19 , 1990 designated to be retained are flagged in the field. Following construction, an inspection is made of the site to check for compliance with approved plans, including compliance with the approved landscape/tree retention plans. The Planning Department has experienced problems with this rather simplistic approach: • In some cases, the developer has removed all trees from the site prior to permit application. The current penalty for such violations is $100, hardly enough to discourage this from reoccurring. • The mere flagging of a tree in the field does not guarantee its survival. Oftentimes, construction activities occur beneath the drip line of a tree, disturbing the root system and resulting in eventual death of the tree. • The Planning Department presently does not have any flexibility in administering the tree regulations. For example, if preserving a significant tree requires shifting a building location into a required setback area, no administrative provision exists to permit this. • The Planning Department lacks the authority to "red-tag" or stop work in the field when responding to complaints of illegal tree cutting. The Planning Department must contact the Building Department who, in turn, must visit the site in order to stop any illegal construction activity or 'tree cutting. These and other problems prompted the Planning Department to propose amendments to the tree regulations in 1985. The proposed amendments ultimately recommended by the Planning commission in November 1985 addressed several issues, including: 1. Size of trees. The diameter or "caliper" of regulated trees was raised from six (6) inches to seven (7) inches. 2 . On-site protection measures. Requirements were added disallowing construction activities within the drip line of trees designated for retention. 3 . Flexibility introduced. Regulations permitting flexibility in the site plan in order to save significant trees were included. 2 Proposed Tree Preservation Regulations April 19, 1990 4 . Enforcement strengthened. Penalties for illegal removal of significant trees on undeveloped properties were strengthened to require replacement of substitute trees. 5. Definitions added. Several definitions were added in order to clarify the intent of the tree regulations and to aid administration of the code. As mentioned before, the City Council failed to enact the recommended amendments. Therefore, these improvements were never incorporated into the present Zoning Code. According to the Planning Department, these amendments still need to be made to the tree regulations. Further, additional concerns have developed over the past four and one-half years since these amendments were recommended to the City Council. These issues were discussed in workshop with the Planning Commission on March 19, 1990. In addition to the concerns of the Planning Department staff, the Planning Commission also identified issue areas that should be addressed in the update process for the tree regulations, namely: 1. Tree restoration. As an enforcement tool in cases where trees have been illegally removed, provisions should be added to require replacement trees. The City of Redmond has explicit requirements for such instances, specifying the number of replacement trees and their size. 2 . Purpose statement. Concern was expressed over the existing purpose statement. It is vague, contains some confusing language, and generally does not describe the legislative intent of the regulations. It was suggested to incorporate some of the language (purposes) outlined in the City of Bellevue 's zoning code. 3 . Site plan flexibility. The Planning Commission endorsed the process of permitting some flexibility in site planning where the strict application of code requirements might require the removal of significant trees. The language of the 1985 Planning Commission recommendation to the City Council was thought to be adequate to address this situation. 3 Proposed Tree Preservation Regulations April 19, 1990 Staff Recommendation: Based on an analysis of the original Planning Commission recommendation to the City Council and a review and update of current concerns relative to the tree preservation regulations, the Planning Department staff recommends the following changes to Section 15. 08. 240 of the Kent Zoning Code (amended language is underlined) : 15. 08 . 240 PRESERVATION OF TREES A. Purpose Retention of significant trees as recruired by this section is necessary to maintain and protect property values to enhance the visual appearance of the City, to preserve the natural wooded character of the area, to promote utilization of natural systems to reduce the impacts of development on the storm drainage system, and to provide a transition between various land uses in the City. B. Regulations Application of regulations for the preservation of significant trees: 1. On all undeveloped property in the City of Kent, all trees of a six (6) inch diameter or greater shall be retained on the property where they are growing. 2 . Where it is not feasible to retain all trees on site due to proposed development, a site specific Tree Plan, drawn to scale, shall be prepared. The Tree Plan shall indicate the precise location of all trees of six (6) inch diameter or greater on the site, in relation to proposed buildings, streets, parking areas, storm drainage facilities and utilities. Trees to be retained shall be protected during construction and the drip line shall be delineated with boundary markers No grade changes or storage of materials shall be allowed within the tree drip line Drainage patterns shall not be significantly altered that may be detrimental to the subject trees. 3 . The Tree Plan shall be submitted to the Kent Planning Department for their review prior to the issuance of a zoning or building permit. 4 Proposed Tree Preservation Regulations April 19, 1990 4 . The Planning Department shall review the tree plan in relation to the proposed development and make a determination of which trees will be permitted to be removed. 5. The Planning Department may cause a modification of the development plan to ensure the retention of the maximum number of trees. Should the applicant elect to alter the development plan in order to preserve special trees or wooded areas in a natural state, the Planning Director may waive specific requirements to allow for flexibility and innovation of design. 6. There shall be no clear cutting of trees of six (6) inch diameter or greater on undeveloped land for the purpose of preparing that site for future development. C. Enforcement Illegal removal and restoration of trees 1. Trees removed illegally from undeveloped land or trees designated for retention which are damaged or destroyed shall be replaced as follows: a. One existing tree at six (6) inches diameter shall be replaced by two (2) new trees. b. For each additional three (3) inches of diameter, one new replacement tree shall be added up to a maximum of six (6) trees. c. Replacement deciduous trees shall be at least three _ (3) inches in diameter at time of planting, and evergreens shall be at least twelve (12) feet in height. In addition to the above amendments to Section 15. 08 .240, the Planning Department recommends the following modifications to Definitions, Section 15. 02 of the Zoning code: Drip Line: A circle drawn at the soil line directly under the outermost branches of a tree. 5 Proposed Tree Preservation Regulations April 19, 1990 Tree: A tree shall mean any living woody plant characterized by one main stem or trunk and many branches, having a diameter of six (6) inches or more measured at three (3) feet from ground level. Special trees: Trees significant due to their size, acre, species and variety, or historical importance. Undeveloped land: A parcel of land which does not have an inhabitable building and/or the inhabited buildings occupy no more than three percent of the total parcel area. Finally, in order to aid the enforcement of the regulations and provide a procedure for the City to act promptly and directly with violators of the tree regulations, the Planning Department recommends the following language be added to Section 15. 09. 100 Violations: D. Stop Work Notice Whenever any work is being done or site is being occupied contrary to the provisions of the Kent Zoning Code, the Planning Director or designated representative may order the work stopped or site be vacated by notice in writing served on any persons engaged in the doing or causing such work to be done or site to be occupied and any such persons shall forthwith stop such work or site occupation until authorized by the Planning Director or designated representative to proceed. 6 EX,H( E!:)1T A ORDINANCE NO. ` -��- AN ORDINANCE of the City of Kent, Washington, relating to zoning and land use; recodifying provisions of Chapter 12.16 Kent City Code relating to tree protection as section 15.08,240 Kent City Code: repealing Chapter 12.16 Kenc City Code (Ordinance 2245) . WHEREAS, certain provisions of Chapter 12.16 Kent City Code 'stream and tree protection' have been incorporated into the provisions of the Water Quality Ordinance, Sections 15.08.220 - 15.08.224 Kent City Code; and WHEREAS, consolidation of regulations will benefit the public by providing a more concise City Code; NOW, THEREFORE, THE CITY OF KENT, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. A new Section 15.08.240 is added to the Kent City Code, as follows; 15.08.240 PRESERVATION OF TREES A. PURPOSE: The purpose of this section is to regulate the location and density of development based upon the existence of forests, woodlands, copses and free-standing trees of signifi- cant size on undeveloped property. Preservation of trees through the establishment of forest protection zones to enhance the physi- cal environment is an adopted policy of the Kent Comprehensive Plan. B, REGULATIONS: Application of Regulations for the Prevention of the Destruction of Trees. 1. On all undeveloped property in the City of Kent, all trees of a six-inch caliper or greater shall be retained on the property where they are growing. 2. Where it is not feasible to retain all trees on site due to the proposed development, a site specific Tree Plan, drawn to scaler shall be prepared. The Tree Plan shall indicate the precise location of all trees of six-inch caliper or greater on the site, in relation to proposed buildings, streets, parking areas, storm drainage facilities and utilities. 3. The Tree Plan shall be submitted to the Kent Planning Department for their review prior to the issuance of a zoning or building permit. , 4 . The Planning Department shall review the Tree Plan in relation to the proposed development and )nake a determina- tion of which trees will be permitted to be removed. 5. The Planning Department may cause a modifica- tion of the development plan to ensure the retainage of the maxi- mum number of trees. 6 . There shall be no clear cutting of trees of six-inch caliper or greater on a site for the sake of preparing that site .for future development. Section 2. Chapter 15 .02 KCC is amended to add. the following definition; 15.02.527 TREE Tree shall mean any living woody plant characterized by one main stem or trunk and many branches, and having a diameter of six (6) inches or more measured at three (3 ) feet above ground level. Section 3 . Chapter 12.16 KCC (Ordinance 2245) is hereby repealed. Section 4 . Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. ISAHEL SOGAN, MAYO ATTEST; �✓t..e, vw�= NARIE J EN, CITY CLERK 2 - �' i APPROVED AS TO FORM: i P. STEPI{ N DiJULIO, CITY ATTORNEY PASSED the day of 1980. APPROVED the L -__day of , 1984• PUBLISHED the _ day of I + 198'f. I hereby certify that this is a true copy of Ordinance No, c���'� , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereo indicated, . —(SEAL) MARIE EN, Cr TY CLERK 0502E-183A 3 - PLANNING cOMMISSION tarr S November 26,1985 Proposed modifications and decisions made regarding the Preservation of Trees Ordinance. 15.08.240 PRESERVATION OF TREES A. Purpose The purpose of this section is to regulate the location and density of development based upon the existence of forests, woodlands, copses and free-standing trees of significant size on undeveloped property. Preservation of trees through the establishment of forest protection areas to enhance the physical environment is an adopted policy of the Kent comprehensive Plan. B. Regulations Application of regulations for Preservation of Trees 1 . On all undeveloped property in the city of Kent, all trees of a seven-inch caliper or greater shall be retained on the property where _they are growing. 2. Where it is not feasible to retain all trees on site due to the proposed development, a site specific Tree Plan, drawn to scale, shall be prepared. The Tree Plan shall indicate the precise location of all trees of seven-inch caliper or greater on the site, in relation to proposed buildings, streets , parking areas, storm drainage facilities and utilities. Trees to be retained shall be protected during construc- tion and the drip line shall be delineated with boundar markers No rode Chan es or stora e of materials shall be allowed within the tree dri line. Draina a atterns shall not be si nificantl a tered that may be detrimental to the subject trees . 3. (No change) 4. (No change) 5. The Planning Department may cause a modification of the development plan to ensure the retainage of the maximum number of trees. Should the applicant elect to alter the development plan int order to n4 reserve special trees or wooded areas in a natural state, Director may waive spec,f E requirements to allow for flexibility and innovation of design. 6. There shall be no clear cutting of trees of seven-inch caliper or greater on undeveloped land for the sake of preparin g that site for future development. :Planning Commission November 26, 1985 Preservation of Trees Page 2 C. Enforcement Illegal removal of trees 1 . Trees removed illegally from undeveloped land and trees dying as a result of construction practices must be replaced with sub- stitute trees. The tree species, size and amount shall be approved by The Planninq Department. Section 2. Chapter 15.02 KCC is amended, to add the following: 0 Drip Line: A circle drawn at the soil line -directly under the outermost branches of a tree. Forest Protection Area: Stands of trees on undeveloped land_. Special Trees : Trees significant due to its size, age, species and variety, or historical relation. Tree: A tree shall mean any living woody plant characterized by one main stem or trunk and many branches, having a diameter seven-inch or more measured at three feet above the ground level . Undeveloped Land: A parcel of land which does not have an inhabitable building and/or the inhabited buildings occupy only 3 percent of the total parcel . vb Kent City Council Meeting (�1 Date July 3 . 1990 Category Bid 1. SUBJECT: WEST VALLEY HIGHWAY SIGNAL IMPROVEMENTS AT SOUTH 212TH STREET AND SOUTH 190TH STREET 2 . SUMMARY STATEMENT: -449V-. The Director of Public Works w+±! distributa�the bid summary a s to ,t lra 3y T re 3 . EXHIBITS• 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds -tz� `dT'rv'- . Tt Z44E the recommendation of the Public Works Director to award or DISCUSSION. ACTION• Council Agenda Item No. 5A . ............... Kent City Council Meeting Date July 3 . 1990 Category Bid 1. SUBJECT: KENT SPRINGS TRANSMISSION MAIN 2 . SUMMARY STATEMENT: On April 3 , 1990, this project was awarded to Volker-Stevin Pacific, Inc. Because the Army Corps of Engineers has now exercised jurisdiction over a portion of Phase II of the project, we cannot guarantee the project could be constructed as awarded. The Corps has, however, given its authorization to proceed with Phase I of the project. IrTherefore, it is recommended the award to Volker-Stevin be rescinded, their bid bond returned, and the project plans and specifications revised to reflect Phase I of the project, and the project readvertised for bids. 3 . EXHIBITS: Letter to Volker-Stevin dated 6/15/90; letter from Department of the Army dated 6/11/90; memorandum to Jim Harris dated 6/15/90. 4. RECOMMENDED BY: Staff (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: l�"� Q- �j r'y,.arl 7 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds the award of the Kent Apri ansmission Main Project to Volker-Stevin be res a, th pr p ans ld §p-effi-naTrtcms modified, and the project read ised fo ds. DISCUSSION: ACTION: Council Agenda Item No. 5B DEPARTMENT OF PUBLIC WORKS June 27, 1990 TO: Mayor Kelleher an City Council FROM: Don Wickstrom RE: Kent Springs Transmission Main On April 3rd, the contract for this project was awarded to Volker Stevin Pacific, Inc. Because of concerns raised by the East Hill Environmental Citizen' s Alliance, notice to proceed was delayed. I refer you to my memo of April 27, copy of which is attached, for the history of this project. The Department of Fisheries and the Army Corps of Engineers revisited the project site. The Army Corps of Engineers determined portions of Phase II of the project which traverse through wetlands would require a 404 permit but concluded that Phase I of the project was not within their jurisdiction. Owing to this determination by the Corps, the project can not be constructed as originally designed and advertised for bids and within the original construction timeframe. Thus, Volker Stevin has been notified the City intends to rescind the award and will be modifying the plans and specifications for rebid. It is, therefore, recommended, Council rescind the award of the Kent Springs Transmission Main project to Volker Stevin and authorize staff to modify the plans and specifications and rebid the project. a DEPARTMENT OF PUBLIC WORKS �. April 27 , 1990 TO: Mayor Kelleher City Council FROM: Don Wickstromm RE: Kent Springs Transmission Main The following is general background information regarding the Kent Springs Transmission Main Project. This project is one of several phases for rebuilding the old Kent Springs Water .Transmission Main. It is also that portion of the project that will provide an intertie into future potential water supply , sources for the City, such as the water impoundment reservoir in the vicinity of S . E. 304th Street and 124th Avenue ( S.E. or Tacoma ' s Green River Pipeline .#5 project. w In designing this project, there were several key factors that were used in determining the final alignment for the pipeline. First, it was imperative that the water transmission main function on a gravity basis . A cost analysis that was done as part of the development of the 1984 Water Comprehensive Plan determined that if we had to install pump stations to operate the transmission main, that the water utility would pay hundreds of thousands of dollars per ,year in additional energy costs. The second parameter was that the alignment was to be situated within existing public rights-of-way, whenever possible provided the depths of excavation were not excessive (i. e. , greater than 30 feet) . The third parameter was to situate the pipeline as necessary to minimize impacts to private property owners, their life style, and the future use and development of their property. Using these parameters, the final alignment was designed to pass thru several sensitive areas, i . e. , wetlands and ponds . In these areas, the excavation depths range from a minimal depth of approximately 6 feet up to 25 feet. The Public Works Dept. felt that the other alignments that were considered would disrupt the neighborhood and the adjacent property owners far greater than the alignment selected .through the sensitive areas . The other alignments considered involved excavation depths in the order of 35 to 50 feet. We felt that this was excessive and that the disruptions caused by this depth of excavation would be far greater than those encountered in the low wetland areas. It should also be noted that during the SEPA process as well as the subsequent design process, all property owners within the proposed project alignment were notified. A public meeting was held for their input and comments. In addition, several meetings were held at the property owners request at their residences to look.. at alternative alignments for the pipeline as it crossed their property. In several instances the City revised the alignment to accommodate the property owners ' concerns . At this point in time since a 404 Permit will ' be required by the Corps of Engineers for those portions of the project crossing the forested wetlands and pond areas, the City proposes to. move ahead with construction •of Phase I and any portions of Phase II that can be constructed without additional permits . ITCITY OF po\ILR112��f Dan Kelleher, Mayor Don E. Wickslrom, P.E., Director of Public Works The City o1 Kent Celebrates Its First 100 Years gA9re0ISA June 15, 1990 Volker, Steven, Pacific, Inc. P.O. Box 2968 Kirkland, WA 98083 RE: Kent Springs Transmission Water Main Gentlemen: As previously discussed, the City of Kent will proceed with rescinding the bid award for the Kent Springs Transmission Water Main project at the City Council meeting of July 3 , 1990. This decision is based on the revised scope of work that is required due to the Army Corps of Engineers jurisdiction over large portions of Phase II. Construction for Phase II will depend upon the Corp ' s �- 404 Permit review decisions and may not allow the City to begin construction until the summer of 1991. At present, modification to the plans and specifications for Phase I is underway to facilitate re-bid and construction this summer. If you have any questions, please call Dean Falkner, Design Engineer at 859-3383 . Very truly yours, Don E. Wickstrom, P.E. Director of Public Works DEW:mw cc: Ken Miller, Construction Engineer Bill Williamson, Assistant City Attorney I 99n All,All❑ Cn .veP,IT lueewr.ln Tnr.l nennn¢one. Innelecn.11en 1 nOCOATIn AIC Mne\o[O.'1905/PAY A AR0.799A DEPARTMENT OF THE ARMY CITY OF KENppTo �] SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BON UN 1790 SEATTLE, WASHINGTON TON 9 J 6124.2255 ENGINEERING DEPT. I "PLY TO ATTENTION Of Regulatory Branch Gary M. Gill, City Engineer City of Kent _ 220 - 4th Avenue South Kent, Washington 98032-5895 Dear Mr. Gill: This is in reply to your April 30 and May 4, 1990, letters concerning your proposed Kent Springs Water Transmission Main project. Based on the information you provided and our observation during our site visit on May 25, 1990, we concluded that the three areas referred to as plots 11 2, and 3 in the memo from Shapiro and Associates, Inc. are not within our regulatory jurisdiction. Plot 4 is within our jurisdiction and should be , included in your application for Department of the Army permit for the remainder of the project. Any changes of alignment in plots 1, 2, and 3 should be coordinated with us prior to commencement of work. This verification should be considered valid for a period of two years from the date of this letter. Nothing in this letter shall be construed as excusing your agency from compliance with other Federal, State, and local statutes, ordinances, and regulations which may pertain to this work. If you have any questions concerning this matter, contact Mr. Rudy Pojtinger, telephone (206) 764-3495. Sincerely, lJr omas F. Mueller ,• Chief, Processing Section DEPARTMENT OF PUBLIC WORKS June 15, 1990 TO: Jim Harris, bn ing Director FROM: Don WickstroDirector of Public Works RE: Kent Springs Transmission Water Main This letter is to inform you that the City of Kent is rescinding the bid award on the Kent Springs Transmission Water Main project, Phase I and Phase II. We are rescinding the award due to the necessity to secure an Army Corps of Engineers 404 Permit on those portions of the Phase II work which traverses wetlands. Upon deleting the Phase II work from the original bid documents, we will re-advertise for bids on the Phase I work. Once we secure the Corps permit, we will then advertise for bids thereon. It is anticipated this would occur next summer (1991) . Because the project' s scope alignment and impacts as presented and - described in its expanded EIS Checklist remain unchanged, and we do not anticipate any changes therein per securing the 404 Permit on Phase II work, we believe the DNS is applicable. cc: Dean Falkner Bill Williamson . ..... R E P 0 R T`` S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE `� I 46 G. ADMINISTRATIVE REPORTS YYY � n PUBLIC WORKS COMMITTEE JUNE 19 , 1990 ATTENDING: Jim White Gary Gill Steve Dowell Martin Nizlek Leona Orr Ed White Don Wickstrom John Kiefer Jim Hansen Dee Moschel Bill Williamson Steve Burpee Alley Between Titusville Station Building and Downtown Post Office - Change to One-Way Nizlek stated he had reviewed this change with the postmaster to determine which direction would best meet their needs. It has also been determined that the post office has ownership of approximately eight feet of the total 15 feet width of the alley. Ed White stated he had not contacted the surrounding businesses as yet but has prepared a letter which will be hand delivered to them if the Committee concurs. We would wait for a response from the merchants. before any action is taken. The alley would be changed to one-way southbound which makes it easier for the post office trucks. White explained that the post office has shifted some of its distribution activities from the East Hill branch to the downtown branch increasing its truck activity. Dowell asked if the post office trucks would be backing across the pedestrian walkway that is being built in that area. White replied it is likely they would and he indicated he would find out what times the trucks would be using the alleyway. Dowell stated this pedestrian activity needs to be a consideration in making this alley one-way. White stated that before any action is approved he would like for staff to contact the businesses and report back to the Committee on their response. Overlook Annexation Wickstrom explained this proposed annexation is in the vicinity of 94th Avenue between S. 228th and S . 222nd. The petitioner for this annexation has been unable to secure adequate signatures to proceed with the annexation area as outlined and is requesting to pursue an annexation of smaller area. Responding to White' s question as to why we would want to annex this area, Wickstrom stated the petitioner is the developer of the Overlook Apartment complex and would like to develop the remainder of his property within the City limits rather than deal with the County. White asked if the County had different restrictions. It was clarified the property is zoned single family in the County and would come into the city the same. Jim Hansen stated new zoning would depend on the comprehensive plan for that area. Wickstrom further explained that Public Works would PUBLIC WORKS COMMITTEE JUNE 19, 1990 PAGE 2 prefer the larger annexation area as annexations consume a great deal of staff time regardless whether large or small. White stated he needed more information before recommending any action on this item. Orr stated she would want to know if the development would be stopped completely if the area were not annexed. It was determined this would be placed on the agenda for the next meeting. White requested that someone from Planning be present to discuss the zoning. City of Kent Six Year Transportation Improvement Plan (TIP) Nizlek explained that each year we are required to update the annual element of the Six Year TIP. The projects listed on the TIP were reviewed for the Committee. Dowell asked about the possibility of adding a deceleration lane on Canyon at Titus to the Canyon Drive project. White asked we look at the feasibility, costs and funding sources of adding this project. Gill stated staff could develop the cost estimate but noted it will involve major fills because you will be trying to build out over the park. White asked about the accident statistics at this location. Nizlek commented it has improved greatly since the most recent improvements. There are locations in the city that are much worse. Nizlek commented this Six Year TIP will be brought before the whole Council for approval before the end of July. The Committee unanimously recommended approval. Kent Springs Transmission Main Williamson explained that we' ll be bringing before the Council a request to rescind the award to Volker-Stevin of the contract on this project. Dowell inquired about the City' s liability. Williamson stated that because the project will change as a result of the Army Corps of Engineer' s involvement, it will not be the same project that the City advertised for bids. Because of that and because the Corps has exercised jurisdiction over a portion of the project, the City's liability would be greater if the contractor were required to proceed. We can not assure access to the contractor for phase 2 . Gill added we have received written authorization from the Army Corps of Engineers giving us authorization to proceed with Phase I of the project. We will rescind the award of the total bid, prepare new specifications for Phase I and put that out to bid in a couple of weeks. Responding to White' s question, Gill indicated the Army Corps of Engineers has indicated it will take about four months for a permit on the portions over which they have invoked jurisdiction. Williamson stated the Corps will be reviewing alternative impacts - whether PUBLIC WORKS COMMITTEE JUNE 19, 1990 PAGE 3 any changes would cause more impact than the original proposal. The public will be involved in the Corps ' process. City Center Signing Nizlek displayed a proposed sign design for the Committee and informed the Committee there are 33 entry locations into the City. Dee Moschel stressed the need for signs directing people to the City Center and should not be construed as an alienation of any portion of the City. She continued she would like to see these signs up before Canterbury Faire. The "Kent City Center" signs will be placed at the previously determined locations and the locations and design of the "Welcome to Kent" will be brought back to the Committee in July. White stated he wanted to see city limit signs installed before the summer is over. 94th Between Canyon and James Nizlek reviewed a preliminary plan and costs for the traffic circles. There was discussion about development that will be taking place in the vicinity of 94th and S . 241st. Nizlek will refine his proposal, develop more definitive costs and bring it back before the Committee for action. He informed the Committee the 25 MPH stencils should be placed soon now that the weather has improved.