Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/04/1990City Of Kent City Council Meeting Agenda Mayor Dan Kelleher Council Members Judy Woods, President Leona Orr Steve Dowell Christi Houser Jon Johnson Paul Mann Jim White September 4,1990 Office of the City Clerk CITY COUNCIL MEETING September 4, 1990 Summary Agenda City of Kent vn�aA Council Chambers Office of the City Clerk 7i00 p.m. NOTE: An explanation of the agenda format is given on the back of this page. CALL TO ORDER ROLL CALL 1. PUBLIV COMMUNICATIONS M „X9�h,,.ull A. E�ployee of the Mon?P= B. Presentation to D.A.R.E. Program C. Proclamation United Way Day 2. PUBLIC HEARINGS A. Street Closure - First Avenue - New Library 3. CONSENT CALENDAR A. Approval of the Minutes of August 21, 1990 B. Approval of Bills C. Internal Affairs Coordinator D. Lake Fenwick Park Completion E. Alley Traffic Direction - Ordinance c2,9 18o F. Temporary Street - Closures G. DOE Grant H. Auto Check Rezone - Ordinance o't 9 Lit I. Appointments c9,� 9 39 J. Street Vacation - Resolution !d S% K.' Zoning Code Parking Amendment - Ordinance a 9 L a L. LID 335 - Set Hearing Date 4. OIR M. hav ve4,f Pf ee( vn , n" Sw(O cl i v i s i 0 n A. LID 330 Bond Purchase Contract and Ordinance a W 3 5. BIDS A. Radio Equipment Support Building - Fire Department B. Kent Springs Transmission Main 6. CONTINUED COMMUNICATIONS 7. REPORTSOliu 1 t V ri 'SES.i 1 01� 8. 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 B. Presentation to DARE Program C. Proclamation - United Way Day Kent City Council Meeting Date September 4 1990 Category Public Hearing 1. SUBJECT: LIBRARY - STREET CLOSURE 1ST AVENUE 2. SUM%RY STATEMENT: The plans for the new Library call for closure of 1st Avenue at the Smith Street intersection. This public hearing has been scheduled to receive public input on the closure. The City Clerk has duly advertised the hearing and the notice of hearing has been posted in 12 locations in the vicinity. 3. EXHIBITS: Excerpt from Minutes of August 7, 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 REOUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds the hearing be Ulosed. Councilmember moves, Councilmember seconds Ordinance No. 3 °I be adopted approving the closure of 1st Avenue at Smith. DISCUSSION: ACTION: Council Agenda Item No. 2A Public Works Committee August 7, 1990 Page 4 that could possibly be used. White asked staff's suggestion to solve the problem. Nizlek stated he felt it would take this measure plus added enforcement as you will continue to get those who will scoff the laws. The Committee concluded they would like staff to proceed with implementing the temporary measures this year and to request the funding from IBC. White asked Dowell and Orr to take the request for increased enforcement to the Public Safety Committee. Nizlek alluded to the need for an established procedure and criteria for the placement of these types of barricades. White agreed and suggested that we proceed with this location and staff can then prepare a procedure to bring before the Committee and Council for approval. Authorization to Surplus Equipment Heydon referred to the material that was included in the Committee's packet which supported Equipment Rental's policy of replacing these pieces of equipment with approximately 4,500 hours. Heydon stated we also have the option of using this equipment as trade-in on purchase of new equipment. The Committee unanimously approved to surplus the equipment. Speed Limits - West Valley Highway Williamson stated an ordinance has been prepared reducing the speed limit on West Valley Highway during construction. Williamson stated he believes the City has authority under State statute to allow and enforce the speed reduction. The Committee unanimously recommended adoption. Vehicle Registration Fee After a brief discussion, the Committee unanimously recommended approval of the Vehicle Registration Fee. )Mlw- Library Street Closure fist Avenue) Hansen reviewed the approved traffic patterns for the Library. The contractor would like to proceed with this closure so he can bring his equipment into the site. Dowell asked about parking for those businesses on First and Second. Hansen responded the Library's parking lot is public parking and there are 127 spaces available. In addition there will be parking available in the municipal parking lot across from the new library. It was determined that after completion of the library there will be more parking available than there is now. Hansen reviewed that the closure is Public Works Committee August 7, 1990 Page 5 just for access from Smith. The Committee unanimously recommended that a public hearing be held on closure of the Smith Street access to First Avenue and that staff proceed with the traffic revision process. Traffic "Bulge" Frager Road and S. 212th and Crow Road Bypass The Committee asked staff to followup on these requests and to contact the individuals who brought the issues up at Council meeting and to bring this back before the Committee. Left Turn from James Street to First Church of Nazarene Dowell stated this came up in Public Safety Committee. It was suggested that "No Left Turn" be placed on James Street. Committee asked staff to review the problem and to bring recommendations back before the Committee. Rubberized Rail Crossings Wickstrom stated that bids were opened this morning on purchase of the rubber for the railroad crossings. He would like to add it to the agenda for this evening's Council meeting in order to facilitate the construction to coordinate with the City's Overlay project. The Committee agreed. s STREET CLOSURE FIRST AVENUE Notice is hereby given that the City of Kent proposes to close a portion of First Avenue as a permanent traffic revision for the new library to be located at First Avenue and Smith Street. The portion of First Avenue to be closed is that which will be necessary for an outlet from First Avenue onto Smith Street to allow a turnaround for traffic. The City Council of the City of Kent will hold a public hearing on this proposed street closure on September 4, 1990 at 7:OOp.m. in the Kent City Hall. CONSENT CALENDAR 3. City Council " Act1io,^,n:� CA moves, Councilmember �tJVmoves, Councilmember , OA} seconds that Consent Calendar Items A throug be approved. Discussion �(% Action 1 V� K CAGY 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of August 21, 1990. C 3B. Approval of Bills. Approval of payment of the bills received through September 4, 1990 after auditing by the Operations Committee at its meeting at 4:30 p.m. on September 11, 1990. " Approval of checks issued for vouchers: Date Check Numbers Amount Approval of checks issued for payroll: Date Check Numbers Amount 8/20/90 140204-140947 839,015.27 Council Agenda Item No. 3 A-B 3 �B Kent, Washington August 21, 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 and White, City Administrator Chow, Acting City Attorney Lake, Planning Manager Satterstrom, Public Works Director Wickstrom, Police Captain Miller, Assistant Fire Chief Berg, Assistant City Administrator Hansen, Information Services Director Spang, Finance Director McCarthy, Personnel Director Olson, Parks Administration Supervisor Wickstrom and City Clerk Marie Jensen. Councilmember Woods has been excused from this meeting. Approximately 40 people were in attendance. INTRODUCTION City Administrator Chow introduced Roger Lubovich, who has been selected as Kent's new City Attorney. Chow noted that Mr. Lubovich has had wide experi- ence in municipal government, including six years as attorney for 14 municipalities in Alaska. He also announced that cake and coffee will be served after the meeting in Mr. Lubovich's honor. CONSENT WHITE MOVED that Consent Calendar Items A through CALENDAR U be approved with the exception of Item 3G which was removed by Councilmember Dowell and Item 3V which was removed by Councilmember Mann. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of August 7, 1990, with the following correction to Item 3E: Russell Road Picnic Shelter. AUTHORIZATION to accept as complete the Russell Road Picnic Shelter project, and to release retainage to Golf Land- scaping upon receipt of state release, and to transfer $3.759 from the Kent Kherson Peace Park unexpended protect balance to the Russell Road Picnic Shelter account, as recommended by the Parks Committee. HEALTH AND (CONSENT CALENDAR - ITEM 3L) SANITATION Ridgeaate Apartments. ACCEPTANCE of the Bill of Sale and Warranty agreements submitted by Griffin - Holly joint venture for continuous operation and maintenance of approximately 1,489 feet of water main extension and 932 feet of sanitary sewer extension constructed in the vicinity of SE 248th 1 August 21, 1990 HEALTH AND and 100th Ave SE for the Ridgegate Apartment Com- SANITATION plex and releasing a cash bond after expiration of the one year maintenance. UTILITIES (CONSENT CALENDAR - ITEM 3G) Disputed Water Bill. Mr. Mason of Packers Plus, Inc. has contested his June water/sewer bill in the amount of $663.54. He advised the Operations Committee that for the past 15 years his bill has been between $27 and $32 per month and that no leaks had been found. Charles Lindsey of Customer Services had advised that the meter had been checked and the water had passed through the meter. Lindsey had advised the committee that there was no policy to deal with this and so Council action is hereby sought. The committee recommends that the City divide the bill with Mr. Mason. Dowell suggested that the City should have a policy and stick to it. He feared that this action would prompt a string of such disputes over water bills. Finance Director McCarthy stated that this is the second such dispute this year and the Oper- ations Committee split the bill with a customer in January also. He noted a procedure for making adjustments if leaks are found and repaired, but that this did not apply in either of these cases. He clarified that Lindsey referred it to him and he referred it to the Operations Committee which now has made a recommendation to the Council. White asked what kind of leak could cause con- sumption to jump from 600 cf to 18,500 cf in a two month period. DOWELL MOVED to deny this request and not allow the City to pick up half of Mason's bill, and to direct staff to follow procedures. White seconded. Johnson noted that he had set up the current policy to consider on a case by case basis. Mann noted the meter could be faulty. McCarthy verified that this was not found to be SO. White expressed concern that a hose could have been left running and the rest of the water customers were now asked to share in the cost of this. Dowell clarified that the appeal process had been established as through Lindsey and McCarthy and should be followed. The motion failed with only White and Dowell supporting it. HOUSER MOVED to adjust the Mason bill in accor- dance with the recommendation of the Operations 2 August 21, 1990 UTILITIES Committee. Johnson seconded and the motion carried with Dowell dissenting. STREETS (CONSENT CALENDAR - ITEM 3N) Library Street Closure (1st Avenue). AUTHORIZA- TION to set September 4 as the date for a public hearing on closure of the 1st Avenue access onto Smith Street in conjunction with construction of the new library. TRAFFIC (CONSENT CALENDAR - ITEM 3V) CONTROL (REMOVED BY COUNCILMEMBER MANN) Vehicle Registration Fee. On June 5, 1990 the Council adopted Resolution No. 1246 supporting and requesting that the County implement the local option vehicle registration fee authorized by the State. Now the Mayor has been asked to send a letter to the County to support the development of common planning and coordination of the process for the vehicle registration fee. Mann stated that in view of the new outrageous property taxes, he could not agree to any more taxes, no matter how small. WHITE MOVED to delay action to the next meeting and the motion failed for lack of a second. Wickstrom explained that a new state law would allow the County to charge an additional fee of $15 for each vehicle registered and noted fur- ther that the funds could be used for street improvements only. He noted that this would be a part of the total financing package for the corri- dor improvements. This program could generate about $321,000 per year to be used to implement the 272nd or 196th corridor. He noted that this is the second stage of this program. Mann stated that he was taking a stand and would vote nay. WHITE MOVED to approve Item 3V and Johnson second- ed. White noted that the Council had asked staff to put together a package for the corridors and this was a part of it. Wickstrom explained for Houser that the County was obligated to spend the money on roads in the cities which are participat- ing. White reminded the Council that solving of transportation problems was the City's #1 goal. The motion passed with Mann and Houser voting against it. ZONING (OTHER BUSINESS - ITEM 4B) CODE Amendments to Parking Revisions Regulations (ZCA- 90-3). On July 23, 1990, the Planning Commission 3 August 21, 1990 ZONING voted to recommend certain changes to the City's CODE zoning code relating to parking requirements for proposed multifamily developments. The matter had been referred to the Planning Commission by the Council's Planning Committee in March, 1990. This issue stemmed from a parking problem at the Lakes development, which was brought to the attention of the City Council by the Bridgewater Condominium homeowners. The recommended changes by the Planning Commission address future multifamily developments incorpo- rating garages in their site plan. As approved, garages would be accessed by an 18-foot driveway which would act as a "stacking space" for the garage. In the event that a garage unit is used for another purpose, the 18-foot stacking space would serve as a facto parking stall, ensuring adequate parking. In addition, the Planning Com- mission has recommended that the code be amended to allow the Planning Department to conduct site plan review to ensure that adequate parking is provided within close proximity to each unit entrance. Laura Yeates, Planning Intern, compiled a com- prehensive report for the Planning Commission public hearing. She introduced Tracy Faust who presented the background leading to the recom- mendations to change the zoning code regulations relating to parking spaces for multifamily devel- opment. JOHNSON MOVED to approve the recommenda- tions of the Planning Commission as shown above and to direct the City Attorney to prepare the required ordinance. White seconded and the motion carried. PUBLIC WORKS (OTHER BUSINESS - ITEM 4A) Green River Flood Control Zone District. In a cooperative agreement among King County, Auburn, Kent, Renton and Tukwila, construction of needed levee improvements along the Green River will be the responsibility of the abutting jurisdictions with the County taking over the maintenance and operation of the levee system. The source of funding will be the flood control zone district and its taxing authority. By imple- menting a charge of 6 cents per $1,000 property 4 August 21, 1990 PUBLIC WORKS valuation on property owners in the flood control zone district, sufficient funds would be generated to properly maintain the Green River levee system. Wickstrom described the program, pointing out the importance of proper maintenance of the levees and management of the flood watch program. WHITE MOVED to adopt Resolution No. 1256, request- ing King County Council to implement the flood control zone district and its financing authority. Johnson seconded. Mann stated he would oppose this additional tax, to give the message to the State that the additional taxes are not fair. Motion carried with Mann opposing. (BIDS - ITEM 5D) Kensington Avenue storm The Public Works Depart- ment has designed a storm project for Kensington Avenue to correct a flooding problem in the area. Funding for the project is included in the budget for Miscellaneous Storm Projects. Because the project estimate did not exceed $30,000, a formal bidding process was not required, and proposals were solicited instead. The following proposals were received: 1. Scoccolo Construction $14,098.94 2. Merlino Construction $15,285.34 3. R.W. Scott Construction $18,344.57 4. Como Construction $22,192.93 5. Robison Construction $35,013.59 Staff recommends that the project be awarded to Scoccolo Construction. WHITE SO MOVED, Houser seconded. The motion carried. REZONE AND (PUBLIC HEARINGS - ITEMS 2B AND 2C) REZONE APPEAL Minshull-Wagner Rezone No RZ-90-5 The Mayor noted that this meeting will consider the Minshull/ Hearing Examiner's recommendation to deny the Wagner application by Margaret Minshull/Jacob C. and Rezone Lillie Wagner to rezone 18.5 acres from RA, Residential Agricultural, to R1-7.2, Single Family Residential. The property is located west of 92nd Ave. S. at 20129 92nd Ave. S. Scott Williams of the Planning Department stated that the staff had noted that the Valley Floor Plan designation is SF, Single Family Residential, but due to the 5 August 21, 1990 REZONE AND slopes, staff recommends R1-12 rather than R1-7.2. REZONE APPEAL The Mayor noted that an appeal has been filed and will be heard after this item. He then opened a public hearing on the rezone. Minshull/ Wagner Donna Williamson, 20211 92nd Ave. S. stated that Rezone the proposed project surrounds her home and she objected to small lots, the increase in traffic and loss of trees. Linda Stewart of 20028 92nd Ave. S. agreed and noted the increased traffic would be hazardous for children in the area. Lillie Wagner, one of the applicants, stated that she had been a resident of the area since 1951 and that the request to rezone to R1-7.2 was in com- pliance with the Comprehensive Plan. She noted that affordable housing was needed by young families as well as for seniors, and pointed out that an easement had been provided for sewer on the west boundary of her property. Midge Sweley also objected to the small lot size and suggested that 12,000 square feet would be more appropriate. Ms. Tweeten of 9030 S. 200th St., stated that roads were a problem and further that she had not been notified of the hearing before the Examiner. Ed Cleveland urged the Council to grant the rezone and pointed out that the term agricultural zoning was misleading. Martin Durkan Jr. of 22401 Sweeney Road identified himself as a business consultant dealing with land use matters. He had reviewed Ms. Wagner's file and noted that the property is served by sewer, water, etc. and is ideal for residential develop- ment. The rezone is consistent with the area, as there is a pocket of 7200 zoning just to the south. Whitney Hills, a plat across the street, just approved by the county, consists of 28 lots ranging from 9600 square feet up to 11,000 square feet. Neither the Planning nor the Public Works departments could find negative impact which could not be mitigated. He pointed out that the county had requested that sidewalks be placed on 2 August 21, 1990 REZONE AND 92nd Ave. S. by the developers of Whitney Hills. REZONE APPEAL He suggested a compromise between the applicant's request and the Hearing Examiner's recommendation. Minshull/ Wagner Cal Stewart stated that he lived across from Rezone the Wagner parcel and suggested that the Hearing Examiner denied the rezone because the applicant could not give a reason such as that there was no more land available with this zoning. Gene Williamson of 20211 92nd Ave. S. stated that it was a matter of economics and more lots would mean more money for the owners, without regard for the residents of the immediate area. The Mayor confirmed for Ken Mellot that the Hear- ing Examiner minutes are part of the packet the Council is considering tonight. Mellot noted that he had asked about the view and the proposed height of homes. He noted also the hardpan composition of the hillside. Dan Johnson, 10504 S.E. 206th, favored the appli- cant's request, stating that the lot size would make the homes more affordable. There were no further comments and the public hearing on the rezone was closed. Upon White's request, Scott Williamson determined that written notice was mailed to all who lived within 200 feet of the subject property, as is required by law. He further explained the view restrictions and the protection of property upslope. Upon Houser's question it was noted that the minimum zoning across the street is 9600 and that most of the lots are one-half acre or larger. Scott Williamson clarified for Dowell that R1-20 zoning is nearby at S. 218th St. and 94th Ave. S. and that streets and sidewalks were usually required at the time of the development. He also determined that if the grades were at 12%, sprin- klers would be required in the homes. Upon Mann's question, it was reported that 92nd Ave. S. is in the county and could therefore not be part of a City LID and the Mayor suggested that those who had questions about the road could speak to the Public Works Director. "" 7 August 21, 1990 REZONE AND The Mayor noted that the applicants for the REZONE APPEAL rezone have filed an appeal to the recommendation of the Hearing Examiner and opened the public Minshull/ hearing on the appeal. Wagner Appeal The Council's options with regard to the rezone and to the appeal were determined. Acting City Attorney Carolyn Lake noted that many of the same comments made during the hearing on the rezone might also be part of the hearing on the appeal and at her suggestion, MANN MOVED that the testimony given for the rezone become a part of the appeal hearing. Johnson seconded and the motion carried unanimously. Martin Durkan Jr. noted that the developers of Whitney Heights were required to improve 92nd Ave. S. Ms. Tweeten stated that widening 92nd Ave. S. won't help inasmuch as the other roads are only two lanes. Ms. Swelev requested that the traffic counts be rechecked. There were no further comments and WHITE MOVED to close the hearing on the appeal Orr seconded and the motion carried. It was determined that traffic counts both actual and estimated were contained in the Hearing Examiner's minutes. JOHNSON MOVED to modify the Hearing Examiner's findings to rezone the parcel to R1-12, White seconded. Mann stated he would vote against this as we are dealing with an area over which we have no control. White stated that he looked at this as an opportunity to upgrade the road as a miti- gating circumstance, to be taken care of in the EIS. Orr agreed but suggested that other roads in the area be included. JOHNSON MOVED to amend his motion to direct staff to recommend conditions to go with the rezone approval to R1-12 and for the attorney to include conditions in the rezone ordi- nance. White asked Satterstrom to be more spe- cific as to conditions and it was determined that tion could be the Planning Department's recom- N August 21, 1990 REZONE AND mendation dealing with the slope of the road in REZONE APPEAL the plat and also the subject of 92nd Ave. S. could be discussed with the Public Works Director. Minshull/ Ms. Lake reminded Council that mitigation measures Wagner must be limited only to the affect this proposal Appeal will have on the existing area --the traffic, roads, etc. The City cannot require mitigation for affects that are already in place. In answer to the Mayor's question, she noted that conditions could be attached as part of the SEPA review or as mitigation measures as conditions to a rezone ordinance as directed by Council. It was determined that the motion as revised is to modify the Hearing Examiner's recommendation and adopt R1-12 for RZ-90-5 and to delay action to the next meeting to allow staff time to prepare conditions to address the traffic problems. Dowell noted that the Hearing Examiner said that there is no other way out other than 92nd Ave. S. and that this could not be mitigated and that he would not vote for this motion. White reiterated that this was an opportunity to improve the roads and have sidewalks at the expense of the developer Upon a roll call vote the motion carried with Dowell and Mann dissenting. It was clarified that the public hearing on the appeal has been conclud- ed and JOHNSON THEN MOVED to continue action on the appeal to the next meeting. White seconded and the motion carried. REZONE (CONSENT CALENDAR - ITEM 3C) ADOPTION of Ordinance No. 2936 rezoning property located in the general area of the southeast corner of West Willis Street and 74th Ave. S., as directed by the City Council at their meeting of August 7, 1990. ZONING (CONSENT CALENDAR - ITEM 3T) Repeal of Ordinance Nos. 2776 and 2777. As recom- mended by staff, adoption of Ordinance No. 2938 repealing Ordinances No. 2776 and 2777. Ordinance No. 2776 and Ordinance No. 2777 were passed in May of 1988 approving a rezone and mobile home park combining district for the Kantor property. E August 21, 1990 ZONING The property has not been developed pursuant to the mobile home park combining district approval and such approval has now lapsed. These ordi- nances are no longer effective and repeal is necessary to remove these ordinances from appearing of record on the title of the subject property. (OTHER BUSINESS - ITEM 4C) Auto Check Rezone No. RZ-90-6. This meeting will consider the Hearing Examiner's recommendation of conditional approval of a request by Robert J. Lucurell to rezone a 17,299 square foot lot from Ml, Industrial Park, to GC, General Commercial. Carol Proud of the Planning Department noted that the property is located on the west side of West Valley Highway, north of S. 236th Street and S. 238th Street. She listed the conditions as follows: 1. Any future development on the subject prop- erty shall have a 20-foot side and rear yard setback along the southern and eastern prop- erty lines, respectfully. Any associated parking in outside storage areas shall be prohibited. 2. Landscaping (including a sight -obscuring fence) shall be installed in the entire setback area. 3. The above conditions may be reviewed by the Hearing Examiner if and when the adjacent mobile home park use is terminated. There were no questions from the audience and JOHNSON MOVED to accept the findings of the Hear- ing Examiner, to approve the Hearing Examiner's recommendation by Auto Check Rezone No. RZ-90-6 with three conditions, and to direct the City Attorney to prepare the necessary ordinance. Houser seconded and the motion carried. ANNEXATION (CONSENT CALENDAR - ITEM 3D) ZONING Mortenson Annexation No AZ-88-2 Permanent Zoning As approved by the Council at the August 7th meet- ing, ADOPTION of Ordinance 2937 zoning certain property located in the vicinity of 98th Ave. S. 10 August 21, 1990 ANNEXATION and S. 218th Street, consisting of approximately 9 ZONING acres within the city limits known as the Morten - son Annexation, as R1-20, Single -Family Residen- tial zoning. (AZ-88-2). HOUSING & (CONSENT CALENDAR - ITEM 30) COMMUNITY CDBG Interlocal Corporation Agreement. AUTHORIZA- DEVELOPMENT TION for the Mayor to sign the 1991-1993 Community Development Block Grant Interlocal Corporation Agreement. It is necessary for the city to enter into the new Community Development Block Grant/ CDBG Interlocal Corporation Agreement for the years 1991 through 1993. CIVIL SERVICE (CONSENT CALENDAR - ITEM 3I) COMMISSION Civil Service Commission Appointment. CONFIRMA- TION of Mayor Kelleher's appointment of Callius Zaratkiewicz to the Civil Service Commission to replace former Mayor Alex Thornton whose term has expired. This term will begin immediately and will expire May 31, 1996. LIBRARY (CONSENT CALENDAR - ITEM 3J) BOARD Library Board. CONFIRMATION of the Mayor's appointment of Joann Brady to replace Betty Rasmussen Van DeMark who has resigned. The appointment will become effective immediately and will continue through January 31, 1991. SURPLUS (CONSENT CALENDAR - ITEM 3K) EQUIPMENT Surplus Equipment. AUTHORIZATION to surplus a 1980 John Deere Backhoe No. 156 and a 1980 John Deere Tractor No. 157 and offer same for sale or use as trade for new equipment as approved by the Public Works Committee. CITY SHOPS (CONSENT CALENDAR - ITEM 3M) Shops Remodel. ACCEPT as complete the contract with Radosevich Construction for the Shops Remodel Project and authorize release of the retainage after receipt of the necessary releases from the State. EQUIPMENT (BIDS - ITEM 5A) RENTAL Tractor Loader. Bid opening was held on August 7, 1990 with one bid submitted in the amount of $16,512.55 by Coastline Ford Tractor. This bid amount included allowance for a trade-in of our existing equipment which has been surplused by 11 August 21, 1990 EQUIPMENT action tonight. Staff recommends that the bid be RENTAL accepted. WHITE SO MOVED. Houser seconded and the motion carried. (BIDS - ITEM 5B) Tractor Loader Backhoe Unit. Bid opening was held on August 8, 1990 with five bids received from four different companies. The low bid was submit- ted by Case Power, however the equipment for which their bid was submitted did not meet specifica- tions. Coastline Ford Tractor submitted the next lowest bid for equipment that did meet the speci- fications. Coastline Ford Tractor's bid of $27,454.50 included an allowance for trade-in of existing equipment which has been surplused by Council action tonight. Staff recommends that the equipment be purchased from Coastline Ford Tractor for the bid amount of $27,454.50. WHITE SO MOVED. Johnson seconded and the motion carried. (BIDS - ITEM 5C) Asphalt Patcher. Bid opening was held on August 7, 1990 with two bids received. The low bid was submitted by Process Heating Company of Washington in the amount of $18,258.09. Staff recommends that this bid be accepted. WHITE SO MOVED. Houser seconded and the motion carried. CITY HALL (CONSENT CALENDAR - ITEM 3F) HVAC Maintenance Contract Extension AUTHORIZA- TION for the Mayor to sign a contract extension for one year with Control Contractors, Inc. for maintenance of the HVAC systems in the computer room, City Hall, Kent Commons, Senior Citizens Center, Special Populations Resource Center, Corrections Facility, and adding the City Shops and Riverbend Golf Course, as approved by the Operations Committee. (CONSENT CALENDAR - ITEM 3U) Air Conditioning - Information Services AUTHORI- ZATION to expend funds from the Public Office Building Renovation Fund to install supplemental air conditioning in the Information Services area and also in Word Processing, as approved by the Operations Committee. 12 August 21, 1990 BUDGET (PUBLIC HEARINGS - ITEM 2A) 1991 Budget. Tonight's meeting has been set to receive public input for the 1991 budget. The public hearing was declared open. The Finance Director explained that this meeting follows receipt of public input at the July 17 Council meeting and the presentation of departmental programs to Council at a August 9, 1990 work session. The official public hearing on the budget will be held November 6, 1990 prior to scheduled budget adoption on December 4, 1990. The Mayor declared the public hearing open. Peter Maurer, a member of the Human Services Commission, noted that during the past year, they were unable to fund $100,000 in requests. He asked that fund- ing for the ten agencies currently being funded be renewed, and asked for funding for two new agen- cies. He then introduced Dee Moschel who stated that the new agencies are the Valley Cities Mental Health Center and Child and Family Resource Cen- ter. Moschel noted that the Valley Cities Mental Health Center has been operating in Kent since 1965, and that in 1986 they added a section for abused women, taking referrals from DAWN and the King County Sexual Assault Center. She noted that the Child and Family Resource Center is an agency for parents seeking child care. She urged the Council to fund these two new agencies. Ms. Moschel, as President of the Kent Downtown Associ- ation, then asked the Council to continue their support of KDA. Moschel noted for Dowell that these requests are within their percentage. The Mayor noted that the City appreciates the work of the Human Services Commission. The public hearing was then closed by motion, and the Mayor noted that no further action is required at this time. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through August 21, 1990 after auditing by the Operations Committee at its meeting at 4:30 p.m. on August 28, 1990. 13 August 21, 1990 FINANCE Approval of checks issued for vouchers: Date Check Numbers Amount 7/31/90 94337 $ 1,075.29 8/2/- 8/14/90 94990 - 95026 124,139.41 8/15/90 95027 - 95506 1,845,509.47 $1,970,724.17 ADuroval of checks issued for payroll: Date Check Numbers Amount 8/3/90 139431 - 140203 $ 847,833.97 PERSONNEL (OTHER BUSINESS - ITEM 4D) Salary survey. The Personnel Department has pro- vided Salary Survey results, identification of fiscal impact and recommendations for the imple- mentation of the Salary Survey. Personnel Director Olson distributed the list of 42 bench- mark classifications and the salary survey sum- mary. It is recommended that changes be imple- mented on September 1. Thirteen public entities were surveyed, within a 40 mile radius. Olson pointed out that no union member would be included in any of the salary changes recommended. He clarified his reasons for not recommending a freeze in the salaries for the positions which were shown to be over the amount paid elsewhere in the survey. HOUSER MOVED that the Salary Survey be adopted and implemented on September 1, 1990. Mann seconded and the motion carried. (OTHER BUSINESS - ITEM 4E) Permit Center Cashier. The Fire Department has a position for a cashier for the new permit center requested for the 1991 budget to be funded by the Public Works, Fire and the Planning Departments and the Operations and IBC Committees recommend that the cashiering position be filled. Hansen noted that the center would need a person on -site as soon as the facility opens. Houser noted that this position has not as yet been approved for 1991 and opined that the position should not be filled early. Dowell asked if fees 14 August 21, 1990 PERSONNEL would be raised to cover the salaries. Hansen noted that he did not have figures but that the Chamber of Commerce had supported the idea of raising fees. He determined that the time required to process permits would be reduced. It was clarified that this was not a Permit Coordina- tor position but a Customer Services II position. MANN MOVED that the Fire Department be authorized to hire one and one half persons to staff the Customer Services Assistant position for the Permit Center. Orr seconded. White asked how many people would staff the permit center and it was estimated by McCarthy at 15 or 16 in 1991 but the cost was not available. White objected to approving for 1990, that which has not been approved yet for 1991. Orr stated that she did not favor adding to the budget but thought the office should have staff ready when the new facil- ity opened. Dowell suggested that the people hired early could be used for other tasks. White stated that he had been trying to find out how much quicker permits could be processed through the new office and with additional employees and Wickstrom explained the duties which the new Y people would cover. Hansen noted that the quality of the service was also of prime concern. The Mayor suggested that staff prepare a written memo for White giving alternatives: if none of the budget requests were implemented what the slowdown would be and what staffing would be required to make a substantial reduction in the processing time for permits. Houser noted that the Chamber had specifically stated that they would not support anything that did not go through the regular budget process. White noted he would not support this item and pointed out that no opening date had been proposed for the new center. It was determined that the Finance Department could not spare a cashier for the new center. Mann's motion carried with White and Houser voting against. (OTHER BUSINESS - ITEM 4F) Mavorls Position to Full Time. Councilmember Johnson has proposed making a change in the MAYOR'S structure of the City's administrative section, POSITION including a stipulation that the Mayor would serve on a full-time basis. His proposal was not endorsed by the Operations Committee on August 14. 15 August 21, 1990 PERSONNEL JOHNSON MOVED that the entire proposal of the issue of making the Mayor's position full time be MAYOR'S made a part of the Management Study and to con - POSITION sider it again upon completion of the study. White seconded. Mann stated that he would have an alternate proposal and MOVED to table the motion until he could present his alternate. Houser seconded and the motion carried with Johnson and White voting nay. FIRE DEPT. (CONSENT CALENDAR - ITEM 3E) nance of Ladder Testing Equipment. APPROVAL of the interlocal agreement with Auburn, Renton and Tukwila for purchase, use and maintenance of ladder testing equipment, and authorization for the Mayor to sign same. Funds were identified in the 1990 budget to allow for the joint purchase, usage and maintenance of ground ladder testing equipment. (CONSENT CALENDAR - ITEM 3H) Underground Tank at Kherson Park. AUTHORIZATION to remove an underground fuel tank at Kherson Park, as recommended by the Public Safety and Operations Committees. An underground heating fuel tank was uncovered during the preparation of Kherson Park. The prop- erty owner is allowing the City to use his property as part of the park. With new laws regarding use of underground storage tanks, the City could possibly be responsible for having the tank tested, future monitoring of the tank and later replacement of the tank. Due to the previous and current relationship with use of the site, the City has the opportunity to move forward in a leadership role to protect the environment and to project a positive image for the park by having the tank removed now using City funds. PARKS AND (CONSENT CALENDAR - ITEM 3P) RECREATION Master Plan Design for Lake Fenwick Phase III. AUTHORIZATION to approve the Master Plan Design for Lake Fenwick Phase III, as recommended by the Parks Committee. 16 August 21, 1990 PARKS AND (CONSENT CALENDAR - ITEM 3Q) RECREATION Master Plan Design for East Hill Park. AUTHORIZA- TION to approve the Master Plan Design for East. Hill Park, as recommended by the Parks Committee. (CONSENT CALENDAR - ITEM 3R) Master Plan Design for Riverview Park. AUTHORIZA- TION to approve the Master Plan Design for River- view Park, as recommended by the Parks Committee. (CONSENT CALENDAR - ITEM 3S) Plan. AUTHORIZATION to adopt Resolution No. 1255, approving the Parks Department's Six Year C.I.P. Plan, as recommended by the Parks Committee. ADJOURNMENT The meeting was adjourned at 10:10 p.m. Marie Jens , CMC City Clerk 17 Kent City Council Meeting Date September 4. 1990 Category Consent Calendar 1. SUBJECT: INTERNAL AFFAIRS COORDINATOR - POLICE b E Pr 2. S ST As recommended by the Public Safet Committee uthorization to eleva e e nternal Affairs ordinator position to the rank of Lieutenant, This recommendation is based on the premise that the tasks faced by the Internal Affairs Coordinator would warrant the recognition of the difficulty and stress of the position. In addition, the job has expanded to include the responsibility of coordinating the background investigation of potential new hires. This change will be viewed positively by staff within the Police Department and will actually increase the efficiency and effectiveness of the position. 3. EXHIBITS: Report 4. RECONKENDED BY. (Committee, Staff, Paminer, Commission, etc.) 5. UNBUDGETED ONNEL IMPACT: NO X YES FISCAL/PERSONNEL E: Recommended X Not Recommended 6. EXPENDITURE REQUIRED: $ None W Counc DISCUSSION: ACTION: moves, Councilmember seconds Council Agenda Item No. 3C July 20, 1990 To: Ed Chow, City Administrator From: Rod Frederiksen, Chief of Police Subject: Internal Affairs Coordinator Problem Statement - In 1988, an Internal Affairs Coordinator position was created within the Kent Police Department. The position rank was initially determined to be classified as a police officer. The reasoning behind establishing this position as that of a police officer, was to have this function filled by a union member which would allow close scrutiny and involvement by the police union of a function which has created past controversy within the police department. Position responsibility was viewed as a fact gathering function with no opinions as to the adjudication of the matter to be presented by the investigator to the Chief of Police. The Chief of Police, based upon information presented, determines the adjudication of the allegation and the scope of disciplinary action should this be considered appropriate and necessary. The police union and Councilman Mann have expressed the desire to have this position reclassified as a Lieutenant position. Their reasoning is that it is inappropriate to have one union member investigate another union member. Discussion - Although I understand the Union position in this matter, I still feel strongly that the current method of operation of the internal affairs investigation does allow strong involvement in this necessary task by the Union. Certainly, it is also important to remember that Police Sergeants are expected to evaluate their subordinates and at times recommend their removal from office if performance necessitates. However, in the interest of cooperation, I wish to support the concept of elevating the internal affairs coordinator to the position of Police Lieutenant. My recommendation is based on the premise the tasks that are faced by the Internal Affairs Coordinator would warrant the recognition of the difficulty and stress of the position. In addition, the job has expanded to include the responsibility of coordinating the background investigation of potential new hires. As the Police Department grows in size, it is likely that within a short time period that additional employees will be added to the function presenting a need for supervision and coordination of the Internal Affairs Unit. Alternatives: 1. Leave things the way they currently are structured. This - solution is likely to cause continued union dissatisfaction of the current process for internal investigation. There would be no long term direct cost increases for this alternative but indirect costs based upon union dissatisfaction could result in poor morale, turn over, and litigation expenses. 2. Elevate the Internal Affairs position to the rank of Lieutenant. This action, would accomplish the removal of the Internal Affairs function from union involvement as they have requested. The down side of this alternative is that it could create an "us against them" atmosphere. That is, union against management, in the internal investigative function. It should be clearly understood that it still would be necessary in complex investigations to assign union members to assist in the investigation that would be coordinated by the Lieutenant. Again, this would be necessary due to the scope of the investigation or the needed investigative experience of a union member. Hopefully, this involvement will still provide the union a window into the function and some additional assurance that the process will continue to be done appropriately. As a detective, Chuck Miller was being paid $3212 per month plus an average of $5oo dollars per month in overtime expenses. Lt. Miller is currently being paid $3658 per month as a Lieutenant. Therefore, by increasing the rank of the Internal Affairs Coordinator to the position of Lieutenant it appears that there would actually be no additional cost to the City of Kent and possibly a savings. Not only does this help justify the elevation of the position but also points out the need to increase the salary schedule for our police command staff. summary - Based upon the above information, I request that you support the elevation of the Internal Affairs Coordinator position to the rank of Lieutenant and authorize my presenting this request to the I.B.C. and Public Safety Committee. As there is no additional cost involved in this recommendation, I request that we move forward with this proposal in the 1990 budget year and also include this change in our 1991 budget proposal. I feel that this change will be viewed positively by our staff within the Police Department and will actually increase the efficiency and effectiveness of the position. I have an excellent eligibility list for the position of lieutenant and look forward to utilizing it as soon as possible in filling this position. Thanks for your consideration of my request. KERN,MARYANN / KENT70/PD - HPDesk print. ---------------------------------------- +ssage. 'Ir )ect: SALARY DIFF PT1 TO IT 44C Sender: Maryann KERN / KENT70/PD BCC: Maryann KERN / KENT70/PD Part 1. TO: Rod FREDERIKSEN / KENT70/PD BCC: Maryann KERN / KENT70/PD Part 2. CHIEF Dated: 07/25/90 at 1703. Contents: 2. HERE IS THE SALARY WORKUP FOR THE DIFFERENCE BETWEEN A PT1 AND LIEUTENANT 44C AT THE 1991 BUDGET ESTIMATED LEVELS. PT1 WITH 2 YR DEGREE $50,280 SALARY & BENEFITS 15 HR PREM;PAY $ 425 70 HR HOL BUY BACK $ 11982 " SPECIALTY PAY $ 11532 CLOTHING ALL $ 466 SUB TOTAL $54 685 VERTIME $ 51070 (CHUCK HAS USED APPROX $4,003.78 THRU JUNE ----------------------------------------------- IN JUST SALARIES) GRAND TOTAL: $60,070 " LIEUTENANT 44C $45,828 SALARY WITH $180 LONGEVITY SS $ 3,529 (7.7%) RETIRE $ 41445 (9.7%) LIFE $ 211 EST MEDICAL $ 41200 M/A L1 $ 0 MGMT BEN $ 500 CLOTHING $ 466 WITH BENEFITS -------------------------------------------------- GRAND TOTAL: $59,179 DIFFERENCE IS $891 MORE AS PT1 AT 1991 SALARY AND BENEFITS LEVELS HOPE THIS HELPS. MARY ANN Kent City Council Meeting Date September 4. 1990 Category Consent Calendar -X 1. SUBJECT: LAKE FENWICK PARK t0WPtETT-9ff 2. QUMMARY STATEMENT: �As recommended by the Parks Committee thorization to accept as comp ete the Lake Fenwic1 Park construction project and to release retainage to Gol Landscaping, Inc. upon receipt of State releases. he project was completed in a timely manner and within budget. 3. EXHIBITS: N/A 4. RECOMMENDED BY • Park Architect (Committee, Staff, 5. 6. 7. r DISCUSSION: ACTION: , Commission, etc.) 30KNEL IMPACT: NO X YES : Recommended Not Recommended $ N/A moves, Councilmember seconds Council Agenda Item No. 3D ra�� �i'rec{�o SUBJECT- Kent City Council Meeting Date September 4. 1990 Category Consent Calendar Qan qe. Committ"doption of Ordinance No. —� D changing the erection of traffic in the alley between the Titusville Building and Post Office to southbound only from Gowe Street. 3. EXHIBITS: Excerpt from Minutes of Ag4ust 21, 1990 Public Works Committee meeting, and proposed OrdinAnce 4. RECOMMENDED BY: (Committee, Staff, Examiner Commission, etc.) 5. UNBUDGETED FIS PERSO L IMPACT: NO YES FISCAL/PERSONNEL NOTE: )(ecommended Not Recommended 6. EXPENDITURE REQUIRED• $ SOURCE OF FUNDS: 7. Counci DISCUSSION: ACTION: moves, Councilmember. seconds Council Agenda Item No. 3E ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to streets and traffic control, amending Kent City Code Chapter 10.06.160, relating to one-way streets (Ordinances 1972, §4; 2085 and §4; 2427). THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Kent City Code 10.06.160 is amended as follows: 10.06.160. ONE-WAY STREETS AND ALLEYS. Upon those streets and parts of streets, and in those alleys hereinafter in this Section described, vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited. Name of Street or Alley Direction of Movement Titus Street from South Central Avenue to Scenic Way East The alley between First and Second. from Titus to Gowe Street South Section 2. The provisions of this ordinance are declared to be separate and severable. The invalidity of any portion of this ordinance shall not affect the remainder, or the validity of its application to other persons and circumstances. Section 3. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed. Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and pubication as provided by law. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: BILL H. WILLIAMSON, ACTING CITY ATTORNEY PASSED the day of , 1990. APPROVED the day of , 1990. PUBLISHED the day of , 1990. I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) MARIE JENSEN, CITY CLERK 6304L-31L 3� PUBLIC WORKS COMMITTEE AUGUST 21, 1990 PRESENT: Jim White Marty Nizlek Leona Orr Tony McCarthy Steve Dowell Ed Chow Don Wickstrom Carol Morris Carolyn Lake John Bond Gary Gill Hugh Cropp Closure Requests - 45th Place S and S 240th Street Nizlek commented that both these locations are on the West Hill - the one on 240th is near the drive-in near Highline Community College and the other is 45th Place S. off Reith Road. At both locations, dumping, vagrancy, abandoned vehicles are the problems. Nizlek continued he is proposing to place a Type III barricade at each location. The barricade would have a padlock which can be removed for emergency and maintenance situations. Nizlek referred to a letter from one of the property owners on 45th requesting we delay placing that barricade for ninety days as they are in the process of selling the property. Hugh Cropp was present representing the condominium association in this area. With reference to the cost of placing the barricades, Wickstrom indicated the cost of placing the barricades would probably be recovered by the reduction in cleanup costs. Mr. Cropp added that a big problem in the area is drug dealing. White asked if the property owners could be given a key to allow them access and once that property is developed, the barricade could be removed. Nizlek commented that a problem with that is someone removing the lock and replacing it with another which would preclude emergency access. Orr asked if the 90 day delay would be a problem. Mr. Cropp stated he thought they could wait. Orr added we could condition it that if the property is not sold in 90 days, the barricade would be placed. Carolyn Lake suggested that an access agreement be prepared so there is some notice provided in writing to the owner of the necessity of having it available for emergency access. The Committee unanimously recommended placing the barricade on S. 240th immediately, placing the barricade on 45th after a 90 day waiting period and for an access agreement to be developed for same. )low -Alley Between Titusville Building and Post Office Nizlek indicated a notice of the change had been hand delivered to the merchants in the area and mailed to the property owners of record. No negative comments were received from the merchants. There was one complaint from a resident in the apartments about the noise at night from the mail service. There was a request that signs be installed for loading areas. Nizlek stated he would not recommend doing that at this time. Carol Morris reviewed that when Public Works Committee August 21, 1990 Page 2 drafting this ordinance, she found that the City had vacated 8 feet to the Post Office in 1963. At that time the City had an ownership interest in the alley itself and was not able to vacate an easement. Thus, the 1963 ordinance was not effective and the City should still have ownership of this 8 feet. She suggested the vacation ordinance be repealed. The Committee unanimously recommended adoption of the ordinance changing the direction of the alley to one way southbound and to repeal the 1963 ordinance. Corridor Funding Wickstrom indicated the financing plan he prepared for the corridor project is based on the grants we anticipate receiving. One of the elements of the plan is a street utility and he is seeking direction from Council whether or not they are interested in proceeding with it$ formation. Wickstrom stated if there is no interest there would be no reason to pursue the corridor funding. IBC has proposed an option of implementing the street utility in conjunction with eliminating the utility tax as a separate item on the consumers bill and having the utility absorb the tax. Wickstrom indicated this could result in a utility rate increase. Another option would be to use CIP funds. White asked what the ramifications of reworking the CIP would be. McCarthy stated currently we are spending 60-70% of the CIP on debt service. If another million were dedicated to road improvements then other capital projects currently in the five year plan would probably be deferred quite a few years. Wickstrom stated when he developed his proposed financing plan he tried to put it together independent of existing capital improvement program. There are still a lot of other capital needs other than the corridors. White asked how our utility rates compared to other cities. Wickstrom stated the water rates are probably in the upper 90% but we have not had a rate increase since 1984. Sewer rates are in the 50-75 percentile. We have not had a sewer rate increase of City fees since 1980. We have, however, passed along Metro's increases each year. Gill stated the other water districts and municipalities are slowly catching up to our water rates. White expressed concern over how much more we can tax the citizens. McCarthy stated he had spoken with the Mayor recently on this issue. His position is not to have a tax increase but he would not be opposed to a revenue neutral tax. McCarthy continued that what IBC is proposing is some revenue neutral solution. Currently an average household might have water, sewer and drainage charges for a year of about $700 with $24 a year in utility tax. If the utility funds pay the utility tax instead of the customer, then that relates to a tax savings of $24 a year for the citizen. Implementing a street utility could assess each Kent City Council Meeting 1990 �ndar .ace >f r i0 3. EXHIBITS: Excerpt from August 21, 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 M EXPENDITURE REQUIRED• $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3F 3 Ic— PUBLIC WORKS COMMITTEE AUGUST 21, 1990 PRESENT: Jim White Marty Nizlek Leona Orr Tony McCarthy Steve Dowell Ed Chow Don Wickstrom Carol Morris Carolyn Lake John Bond Gary Gill Hugh Cropp Closure Requests - 45th Place S and S 240th Street Nizlek commented that both these locations are on the West Hill - the one on 240th is near the drive-in near Highline Community College and the other is 45th Place S. off Reith Road. At both locations, dumping, vagrancy, abandoned vehicles are the problems. Nizlek continued he is proposing to place a Type III barricade at each location. The barricade would have a padlock which can be removed for emergency and maintenance situations. Nizlek referred to a letter from one of the property owners on 45th requesting we delay placing that barricade for ninety days as they are in the process of selling the property. Hugh Cropp was present representing the condominium association in this area. With reference to the cost of placing the barricades, Wickstrom indicated the cost of placing the barricades would probably be recovered by the reduction in cleanup costs. Mr. Cropp added that a big problem in the area is drug dealing. White asked if the property owners could be given a key to allow them access and once that property is developed, the barricade could be removed. Nizlek commented that a problem with that is someone removing the lock and replacing it with another which would preclude emergency access. Orr asked if the 90 day delay would be a problem. Mr. Cropp stated he thought they could wait. Orr added we could condition it that if the property is not sold in 90 days, the barricade would be placed. Carolyn Lake suggested that an access agreement be prepared so there is some notice provided in writing to the owner of the necessity of having it available for emergency access. The Committee unanimously recommended placing the barricade on S. 240th immediately, placing the barricade on 45th after a 90 day waiting period and for an access agreement to be developed for same. Alley Between Titusville Building and Post Office Nizlek indicated a notice of the change had been hand delivered to the merchants in the area and mailed to the property owners of record. No negative comments were received from the merchants. There was one complaint from a resident in the apartments about the noise at night from the mail service. There was a request that signs be installed for loading areas. Nizlek stated he would not recommend doing that at this time. Carol Morris reviewed that when VSUBJECT AMENDMENTS Kent City Council Meeting Date September 4, 1990 Category Consent Calendar DOE GRANT FOR SHORELINE MANAGEMENT PROGRAM AND WETLANDS INVENTORY - PHASE II 2. PIRRJ&RY : < uthorization for the ity of Kent a $19,500 Department of Ecology Program, complete a W Management Program. T fifty-fifty basis. &s recommended by the Planning Committee ay o accept and sign on beha o e g nt from the Washington State d amend the City's Shoreline Master lands inventory, and develop a Wetlands is grant must be matched by the City on a 3. EXHIBITS: Memo to City Council Director, Proposed "Final Scope the subject called Ecology Grant 1990 4. RECOMMENDED BY: Planning Commi (Committee, Staff, Examiner, 5. 6. 7. SOURCE OF FUNDS: 19 benefits, supplies Budget Request. Counci DISCUSSION: ACTION: from ames P. Harris, Planning of Wo k", and Fiscal Note with F scal Note dated August 24, , etc.) NO YES Not Recommended $19,500 - previously budgeted staff salaries and copying. 1990 - Planning Department moves, Councilmember, seconds Council Agenda Item No. 3G i F.4,0,1 August 28, 1990 MEMO TO: JUDY WOODS, CHAIR, AND MEMBERS OF THE CITY COUNCIL FROM: JAMES P. HARRIS, PLANNING DIRECTOR RE: GRANT FROM DEPARTMENT OF ECOLOGY RELATED TO SHORELINE MASTER PROGRAM AMENDMENTS AND WETLANDS INVENTORY - PHASE II The Planning Department has received approval from the State Department of Ecology (DOE) on a grant application for amendments to Kent's Shoreline Master Program and Phase II of a wetlands inventory (including development of a wetlands management plan). The $19,500 grant would be divided between two elements: 1) $6,000 to provide partial funding to amend the City of Kent Shoreline Master Program, including revisions to update the Use Regulations, establish enforcement procedures, modify the program format and administrative procedures, and establish consistency with the State Shoreline Management Act; and 2) $13,500 to complete phase two of the wetlands inventory effort and develop a wetlands management program. The intent of the wetlands study is to inventory the City's wetlands and to develop appropriate management policies and regulatory guidelines for them. This action is required by the 1990 Growth Management Act and must be completed by September 1, 1991. In order to use the DOE grant funds, they must be matched by the City on a 50/50 basis. The recommended action before you is acceptance of the DOE grant. This acceptance would commit the City to match the $6,000 Shoreline Master Program amendments funding, and the $13,500 Wetlands Inventory Phase II funding, on a dollar -for -dollar basis, in the 1991 budget. (The 1990 expenditures for the Shoreline Master Program amendments --staff salaries, etc. --were previously authorized through the 1990 work program and budgeting process.) A copy of the proposed "Final Scope of Work" is attached for your information. Attachment ANDERSON,LAURI / KENT70/PL - HPDesk print. Message. Dated: 08/24/90 at 1542. Subject: ECOLOGY GRANT - FISCAL NOTE Sender: Tony MCCARTHY / KENT70/FN Contents: 3. TO: Lauri ANDERSON / KENT70/PL Part 1. TO: Lauri ANDERSON / KENT70/PL Part 2. A FISCAL NOTE DRAFT. IF OK INCLUDE IN YOUR AGENDA PACKET. IF YOU THINK IT NEEDS REWORKING, PLEASE GIVE ME A CALL. Part 3 THE PLANNING DEPARTMENT HAS RECENTLY RECEIVED APPROVAL FROM THE STATE DEPARTMENT OF ECOLOGY ON A GRANT APPLICATION FOR PROPOSED AMENDMENTS TO KENT'S SHORELINE MASTER PROGRAM AND PHASE II OF THE WETLANDS INVENTORY. THE GRANT IS FOR $19,500 WHICH MUST BE MATCHED BY THE CITY, $6,000 IN IN -KIND SERVICES AND $13,500 IN CASH. THE IN -KIND CONTRIBUTION IS TO BEGIN IN SEPTEMBER. THE CASH MATCH IS A 1991 BUDGET REQUEST FOR STARTING IN JANUARY. THE PLANNING DEPARTMENT IS ASKING FOR COUNCIL ACCEPTANCE OF THE GRANT. THE IBC REVIEWED THE REQUEST AND THOUGH IT REQUIRES NO BUDGET CHANGE IN 1990 IT COMMITS THE CITY TO INCLUDING THE FUNDS IN 1991. THE PLANNING DEPARTMEN'_,•_ PRESENTED THIS AS A 1991 BUDGET REQUEST BUT IT HASN'T YET BEEN RECOMMENDED BY THE MAYOR AND APPROVED BY THE COUNCIL. ACTION NOW COMMITS THE CITY FOR 1991. BASED ON INFORMATION RECEIVED BY THE IBC THAT THESE TASKS MUST BE COMPLETED WHETHER OR NOT A GRANT IS RECEIVED, THE IBC RECOMMENDS GRANT ACCEPTANCE AND COMMITTING 1991 BUDGET DOLLARS. City of Kent FINAL SCOPE OF WORK Prolect Title: Shoreline Master Program Amendments and Wetlands Inventory - Phase II Proiect Description: Amend the City of Kent Shoreline Master Program (SMP) to include: revisions to the Use Regulations, establish enforcement procedures, modify program format and administrative procedures and establish consistency with State SMA. Complete phase two of the wetlands inventory effort and develop a wetland management program. The intent of the wetland study is to inventory the City's wetlands and to develop appropriate management policies and regulatory guidelines for them. ELEMENT l: Shoreline Master Program Amendments Task A: Performance Coordination with Department. a. The grantee will coordinate with and receive guidance from Ecology's staff regarding proposed Shoreline Master Program amendments and procedures for amendment approval. The grantee will confer and/or meet with Ecology staff no less than three times during the grant period. Coordination shall occur: 1) after initial grant approval; 2) prior to or.during public review, and 3) after completion of public review but prior to finalizing any documents for Ecology approval. Task B: Research and Evaluation a. Obtain current copies of State Shoreline Regulations, copies of sample SMP's from the Department of Ecology and other jurisdictions and obtain other relevant material and information from supporting agencies (ie. AWC and DOE). 1 Shorelands & Coastal Zone Management Program Scope of Work b. Evaluate City's SMP in light of obtained information and material and identify inconsistencies and other areas of program to be amended. C. Formulate citizen advisory committee, agree to meeting schedule and outline scope of work. TASK C: Draft amendments to SMP and related exhibits. a. Draft preliminary outline of proposed changes. b. Engage the services of a graphic; architectural, or urban planning consultant to review current use regulations, suggest changes and develop illustrations for use regulations. C. Draft amendments to SMP as needed to provide consistency with SMA. d. Draft new chapter for administrative procedures including enforcement provisions. Revise chapters for use regulations and permit review including variance, conditional use and amendment procedures. e. Design new graphics, reformat SMP to clarify shoreline elements and use regulations and create new shoreline designations overlay for City's GIS mapping system. f. Submit draft enforcement procedures to City Attorney for review and comment. TASK D: Adoption of Shoreline Master Program Amendments a. Send first draft of amended SMP to the Department. b. Utilize citizen advisory committee in review of proposed amendments. Conduct Planning Commission work shop. C. Submit draft SMP to the Planning Commission and City Council for approval. d. Forward proposed SMP to the Department for final approval. 1 Shorelands & Coastal Zone Management Program Scope of Work ELEMENT 2: Wetlands Inventory - Phase II Task A:- Coordination with the Department a.' The grantee will coordinate with and receive guidance from Ecology's staff regarding Wetland r e s o u r c e i n v e n t o r i e s a n d developing/implementing wetland management policies and regulatory guidelines. The grantee will confer and/or meet with Ecology staff no less than three times during the grant period. Coordination shall occur: 1) after initial grant approval; 2) prior to or during public review, and 3) after completion of public review but prior to finalizing any documents for Ecology approval. Task B: Complete the Wetlands Inventory that was initiated in phase I of this project. This will require the following work tasks: a. Office (paper) inventory: National Wetland Inventory maps, hydric soils units from the U.S. Soil Conservation Service, soil maps, infrared aerial photographs analyzed under a 1990 City of Kent Centennial Clean Water .Act grant, and other existing data sources will be used to compile a preliminary (reconnaissance) map of potential wetland sites. b. Field inventory: Wetlands and their approximate boundaries will be located and mapped in the field through ground reconnaissance and information compiled during Task 1. C. Field evaluation forms will be prepared for each candidate wetland. These will provide a description of selected wetland characteristics. d. Mapping: Wetland boundaries identified during the field inventory will be transferred onto final wetland maps at a scale which is consistent with the primary base maps used by the Kent Planning Department. 3 Shorelands & Coastal Zone Management Program Scope of Work Task C: Development of a wetlands management strategy for the City of Kent. a. The City will review the many mitigation policies from federal, state and local entities available on file through the Department of Ecology. b. The City will draft its own wetlands management strategy. Completion of this task depends on a determination by the City of Kent Planning Commission and City Council that a strategy to manage wetlands should be adopted. The work task will include public participation meetings to stress wetlands education and public involvement in the process of developing a wetlands protection strategy. A draft wetlands protection strategy will be prepared by staff and presented for review and adoption before the Planning Commission and City Council. WORK PRODUCTS 1. Shoreline Master Program Amendments. The grantee shall submit the following work products to the Department on the dates specified: a. A complete copy of the initial draft SMP submitted by March 15, 1991 prior to beginning the public review process. b. Two complete copies of the final draft SMP submitted after consideration by the Department and public comments, but no later than June 30, 1991. The final draft SMP amendment shall be consistent with the Shoreline Management Act (RCW 90.58), WAC 173 Guidelines, and submitted to the Department in accordance with WAC 173-19-060 and WAC 173-19-061(1-6) requirements. 4 Shorelands & Coastal Zone Management Program Scope of Work 1990-1991 SCHEDULE July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June July Task A XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Task B XXXXXXXXXXXX Task C XXXXXXXXXXXXXXXXX Task D XXXXXXXXXXXXXXXX BUDGET Task A Task B Task C Task D Total Salaries $ ,200 $ 680 $ 1980 $ 740 $ 3,600 Benefits 50 170 660 185 1,065 Consultant 6,000 6.000 Supplies 10 250 Copying 20 260 Travel 100 400 520 Equipment Indirect* 75 Total $ 250 $ 955 $ 9,390 $ 1,405 $12,000 State Share @ 50 % = $ 6,000 Local Match @ 50 % = $ 6,000 *Note: Indirect rate should not exceed 10% of direct salaries (benefits not included). 2. Wetlands Inventory - Phase II The grantee will submit quarterly progress reports which document the activities conducted and progress made on each task. The reports will include information on any projected obstacle to completion of tasks and any needs for assistance from Ecology. In addition, the following products will be completed and submitted to the Department of Ecology by June 15 1991. a. The Phase 2 inventory of wetlands maps for the City of Kent. 5 Shorelands & Coastal Zone Management Program Scope of Work b. Sample wetland data sheets. C. A report describing the methodology used in the wetland inventory. d. A draft comprehensive wetland management strategy for the City of Kent. 1990 - 1991 SCHEDULE July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June TaskA XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Task B XXXXXXXXXXXXXXXXXXXXX Task C XXXXXXXXXXXXXXXXXXXXX BUDGET Task A Task B Task C Total Salaries $ 300 $ 800 $ 1,000 $2,100 Benefits 75 200 250 525 Consultant 19,000 4,250 23,250 supplies 175 300 475 copying 200 240 440 Travel Equipment Indirect* 30 80 100 210 Total $ 405 $20,455 $ 6,140 27,000 State Share @ 50 % _ $ 13,500 Local Match @ 50 % _ $13,500 CITY COUNCIL PLANNING COMMITTEE August 21, 1990 4:00 PM Committee Members Present Christi Houser Leona Orr Jon Johnson, Chair Other City Staff Carolyn Lake Alana McIalwain Planning Commission Representative Frank Chopp Other Guests Kirk Johnson, Trammell Crow Planning Staff Lauri Anderson Lin Ball Margaret Porter Carol Proud Janet Shull Fred Satterstrom City Administrator Ed Chow PHASE II WETLANDS & SMP AMENDMENTS (L. ANDERSON) Senior Planner Lauri Anderson explained a grant that was approved by City Council last year for Phase I of a wetlands inventory. This report was given —'to you at the July 17, 1990 meeting. Last spring, thinking that we wanted to continue that project, the Planning Department applied for a grant to do Phase II of the inventory and also to develop a management plan and at the same time, Carol, knowing that the funds were available, went ahead to apply for a grant to do some additional work on our Shoreline Master Program, which is the update of that program is in our work program for this year. Ms. Anderson reported that the Department of Ecology (DOE) has awarded us the grant. The odd thing is that they combined the two of them into a single grant. This is why there are two distinct elements but they are combined under the one grant. The total funding that they would provide is $19,500 and we would have to match that with an equal amount on a 50/50 funding amount. Ms. Anderson attached the Scope of Work to the agenda packet. Ms. Anderson stated that what we are looking for is action on approval of the acceptance. Ms. Anderson stated the issue, of course, is that the wetlands portion of it would be targeted to start in January 1991 and if the acceptance comes through, it commits the Council to a budget item for next year and this went to the IBC today. Planning Manager Fred Satterstrom reported that the state is offering us the $13,500 to complete phase two of the wetlands inventory effort and develop a wetlands management program. The intent of the wetlands study is to inventory the City's wetlands and to develop appropriate management policies and regulatory guidelines for them. In order to use the DOE grant funds, w they must be matched by the City on a 50/50 basis. If the Planning Committee accepts the grant that would basically commit the Council to designating CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF AUGUST 21, 1990 $13,500 local match next year in the 1991 budget. He explained that the down side of this is that if we don't accept this, we lose the grant. A long discussion occurred and questions were answered related to how the funds are spent, etc. Fred responded that we are using in -kind match for the Shoreline Master Program portion of the project. Senior Planner Carol Proud explained that we had originally applied for two separate grants but for the purpose of accounting, the DOE combined this into one grant with two elements, the Shoreline Master Program and Phase II Wetlands Inventory. Council Chairman Jon Johnson asked Senior Planner Lauri Anderson what kind of action she was looking for? Ms. Anderson stated that she is looking for approval or denial of the acceptance of the grant. Councilwoman Leona Orr made a motion for the approval of the acceptance of the grant. Councilwoman Christi Houser seconded it. Motion carried. HISTORIC PRESERVATION ORDINANCE (L. ANDERSON) Senior Planner Lauri Anderson started by giving the committee some background information. At our last meeting of August 7, 1990, she brought forward th Historic Preservation Work Program. This program will be developing ak historic preservation ordinance and scheduled to end late this fall. Recommendation for ordinance policies would come forward to the Planning Committee hopefully to be used as a basis for an ordinance that would tell us how to deal with historic properties in Kent. An inventory has been done which was updated in approximately 1981 and two years ago, being rephotographed on site as well. These were properties that we identified through the City as having some historic significance. Ms. Anderson said these are not all on a state or a national register but have been discussed with the city historian and various people are on a local list. King County has some of these properties on their list of significant sites. While our city's historical ordinance is in the making, in the past two weeks, we have had inquiries about two of these homes. One is the Ponnson home, which was an issue last year, and the Burke home. A photo was passed around of the Ponnson home located on Central Avenue that has been identified by King County has an important property. A little history was given about the house. Ms. Anderson pointed out this house could be demolished if someone isn't interested in rehabilitating the house. The second home discussed was the Burke home. On August 17, 1990 this was advertised in the Valley Daily News with an article entitled "Historic Home Must Go -Soon". This is located on Central at 21404 East Valley Highway (at about 216th). Senior Planner Carol Proud added that this is the oldest standing house left in Kent, built in 1880. This is a piece of property that is owned and is to be developed by Trammell Crow Co. Since the city does no CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF AUGUST 21, 1990 have any policy about these historic properties, Trammell Crow Co. received a demolition permit for the home. After contacting Trammell Crow about this house, they have been incredibly receptive to suggestions in trying to preserve it. These two houses led to discussion of potentially placing some kind of moratorium or limit on destruction or delay of development until the ordinance is in place. Ms. Anderson asked the committee how interested they would be in such an ordinance. A resolution would be written and come back to the Planning Committee. More discussion occurred. Discussion occurred as to how enforceable the interim ordinance would be. Attorney Carolyn Lake will look into the issue. Lauri stated other alternatives. If a house is on the list, perhaps the Planning department could require the house be advertised before it would be demolished. Council chairman Jon Johnson added this would perhaps give King County or the City of Kent an opportunity to purchase the property. The purpose today was to get the interest and feedback from the committee. Planning Manager Fred Satterstrom stated that there is something needed in the code to give it the enforcement necessary. For instance, if there was nothing to prevent the demolishing of a building, at least there would be some measure to require them to advertise to give someone an opportunity to preserve the property. Councilwoman Leona Orr said she assumes that the ordinance would have some sort of criteria for the buildings to be put on a list. Therefore, there is a clear understanding as to why this house or property was considered historically valuable. Ms. Lauri Anderson would work with the assistance of Attorney Carolyn Lake about how we can do this or some kind of mechanisms that would involve notification, protection and a list of requirements. It was stated that basically out of the goodness of someone's heart, a historical piece of property could be saved. Senior Planner Lauri Anderson spoke specifically about the Burke Home. Kirk Johnson from Trammell Crow came to the meeting. Trammell Crow had their demolition permit but have been very receptive to trying to preserve it. Planning Director Jim Harris and Kirk Johnson are in the process of trying to negotiate some ways for the house to stay on Trammell Crow's site. They are talking about moving it potentially to the corner of 218 St. and East Valley and incorporating into their project. 3 CITY COUNCIL PLANNING COMMITTEE MINUTES OF MEETING OF AUGUST 21, 1990 Trammell Crow has also volunteered and has paid for an ad that ran in the Seattle Times, the Seattle P-I and the Valley Daily News. The house has to be gone or moved by August 31st because the access way runs right through the house. Kirk Johnson.stated they have received about 60 calls on the house. Weyerhaeuser Corporation is interested in moving it to Federal Way to use as a training facility but the city prefers to keep the house in the city. Ms. Anderson stated she wants to get a sense from the committee if there is interest in having us pursue some other alternatives if these alternatives fall through. Discussion occurred about what is involved in moving a house considering costs, traffic lights, possible cracking of the house if going up and down hills or over railroad tracks. The cost of this moving the house is about $27,000. An onsite move would cost $15,000. If the house was moved offsite, it would be $15,000 plus about $8,500 in which $2,500 would be for rerigging the house when taking the wheels on and off because it has to sit somewhere for some period of time. Then $3,500 of the $8,500 is for full staff to aid in the move. Also, an additional $2,500 to lower it to the foundation. If the foundation is done by the mover, the cost would be $4,600 in addition to the $15,000 plus $8,500. The house would be left in the rigging and the foundation is built underneath it and then the house is lowered down onto it If someone wanted the foundation excavated so it was below grade, this wou._,. cost $700 more. Questions were raised if there is money in the budget for the city to move it. It was noted that the Planning Department has requested money in the 1991 budget to be set aside for historical preservation. It was concluded that the committee would like to consider all the options available, and might arrange an emergency meeting, if necessary, for further discussion. HUMAN SERVICES ROUNDTABLE UPDATE Senior Planner Lin Ball brought the committee up to date on the Human Services Roundtable. The King County Council voted at their last meeting to put a Law, Safety, and Justice measure on the September primary ballot. The measure requests a .1 percent increase in the sales tax. The King County Council voted to designate a portion to fund a regional domestic violence system. Ms. Ball explained that domestic violence has a long history of impacting police services. She emphasized that this history was important in adding the domestic violence piece to the measure. Ms. Ball will be meeting with Chief Frederickson the week of August 27, 1990 to discuss some of his plans for this levy when and if it passes and to stress the importance of including funding for Domestic Violence. Chief Frederickson is aware of the regional system for domestic violence. 4 Ms. Ball reported that the total Law, Safety and Justice revenue allocated to the City of Kent will be about $419,000. Of this total, approximately " $46,090 will be requested for allocation to the domestic violence program. ADDED ITEM REPEAL OF ORDINANCES #2776 AND #2777 Fred explained that approximately two years ago there was a proposal to rezone a 14 acre piece of property that was then zoned M-2, which is bounded by the north side of South 262nd, the east side of SR-167, the south side of the Green River and the west side of the Puget Sound Power and Light Co. right-of-way. The history of the property is that it had originally been zoned M-2. The owner at one time had obtained a rezone to MRM in order to obtain a mobile home park combining district. That approval was obtained, but the property was not so developed. The mobile home park combining district approval has lapsed. The application two years ago requested to have a recreational vehicle park. The Council passed Ordinances #2776 and #2777 known as the Kantor Rezone and Kantor Recreational Vehicle Park. There were conditions attached to that rezone that dealt with Public Works improvements which were all recorded. In our RV code, it basically says that if you don't do the RV park in one year, it lapses. Therefore, the Recreational Vehicle Park became null and void. The property owner would like to sell the land for what the property is now zoned after the recreational vehicle park has lapsed and that is M-2, Limited Industrial. Due to the fact these conditions appear when a title search is done, these conditions tied to the rezone come up and the property owner is having difficulty selling the property. Planning Manager Fred Satterstrom explained we are asking that the committee forward to the Council the repeal of Ordinance #2776 and Ordinance #2777. There is a letter in the file that says that if these are withdrawn, the property owner will withdraw the appeal. Councilwoman Leona Orr made the MOTION, Councilwoman Christi Houser SECONDED it. MOTION carried. ADJOURNMENT The meeting adjourned at approximately 5:05 PM. plikla"", Kent City Council Meeting Date September 4. 1990 Category Consent Calendar AUTO CHECK REZONE NO. RZ-90-6 2• Y roved b the Council at its Auguste 1990 meeti ,. doption of Ordinance �L to rezone a 17,299 square o0 of from M1, Industrial Park, to GC, General ( Commercial, located on the west side of West Valley Highway, north of South 236th Street and South 238th Streetll,\ 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Staff (Committee, Staff, 5. UNBUDGETED FISCAL P FISgALIPERSONNEL N E 6. EXPENDITURE REO IRED• SOURCE OF FUN 7. CITY COUNCIL ACTION: CouncilmeWer DISCUSSION ACTION: / , Commission, etc.) 5ONNEL IMPACT: NO X YES : Recommended Not Recommended moves, Councilmember seconds Council Agenda Item No. 3H ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, rezoning an approximate 17,299 square foot lot from M1, Industrial Park, to GC, General Commercial, located on the west side of West Valley Highway, north of south 236th Street and South 238th Street. (Auto Check Rezone No. RZ-90-6) WHEREAS, the applicant has applied for a rezone of approximately 17,299 square feet of property located on the west side of West Valley Highway, north of South 236th Street and South 238th Street; and WHEREAS, a Public Hearing on the Rezone was held before the Kent Hearing Examiner on July 18, 1990; and WHEREAS, on May 30, 1990 the Hearing Examiner recommended that the rezone application to rezone approximately 17,299 square feet from Ml, Industrial Park, to GC, General Commercial, be approved with certain conditions; and WHEREAS, a Public Hearing was held on August 21, 1990 wherein the Kent City Council considered the Findings, Conclusions, and Recommendations of the Hearing Examiner and having incorporated the same into the records; and WHEREAS, the Kent City Council adopted by reference the findings, conclusions, and recommendations of the Hearing Examiner for the rezone including Mitigated Declaration of Non -Significance Condition dated May 24, 1990 and further subject to three conditions as contained in Application No. RZ-90-6 described as follows: 1. Any future development of the subject property shall have a twenty foot side and rear set back along the southern and eastern property lines, respectfully. Any associated parkings and outside storage area shall be prohibited. 2. Landscaping (including a sifE obscuring fence) shall be installed in the entire setback area. 3. The above conditions shall be reviewed by the Hearing Examiner if and when adjacent mobile home park use is terminated. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The property legally described in Exhibit A and attached hereto located at or near the west side of West Valley Highway, north of South 236th and south of South 238th Street, Kent, Washington and amounting to approximately 17,299 square feet is rezoned from M1, Industrial Park, to GC, General Commercial subject to the following conditions: 1. Any future development of the subject property shall have a twenty foot side and rear set back along the southern and eastern property lines, respectfully. Any associated parkings and outside storage area shall be prohibited. 2. Landscaping (including a side obscurring fence) shall be installed in the entire setback area. 3. The above conditions may be reviewed by the Hearing Examiner if and when adjacent mobile home park use is terminated. Section 2. Effective Data. This Ordinance shall take effect and be enforced thirty (30) days from the time of its final passages provided by Law. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: BILL H. WILLIAMSON ACTING CITY ATTORNEY 6319L-29L EXHIBIT "A" That portion of Tracts 2 and 3 of Supplemental Plat of Meeker's First Addition to the Town of Kent, according to plat recorded in Volume 5 of Plats, page 96, in King County, Washington described as follows: Beginning at the intersection of the north line of said Tract 3 with the westerly margin of said Secondary State Highway No. 5-M (West Valley Road); thence westerly along the north line of said Tracts 2 and 3 a distance of 100 feet; thence at right angles, southerly a distance of 165 feet; thence, easterly, parallel to the north line of said Tracts 2 and 3 to an intersection with the westerly margin of said highway; thence northerly along said westerly margin to the point of w beginning. SUBJECT TO: Contract of Sale recorded under Auditor's File No. 6066378, which seller agrees to continue to pay according to its terms; Easement for constructing and maintaining highway slopes as granted by instrument recorded under Auditor's File No. 6289987; Easement for sewer main as granted by instrument recorded under Auditor's File No. 6293042, County of King, State of Washington. 6322L BJECT: APPOINTMENTS Kent City Council Meeting Date September 4. 1990 Category Consent Calendar 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointments as follows: Gwen Dahle to the Planning Commission to replace Anne Biteman who has resigned. Her term will begin immediately and will expire December 31, 1992. Christopher Grant to the Kent Planning Commission who will replace Frank Chopp who has resigned. Mr. Grant's term will become effective immediately and expire December 31, 1990. Faith Anderson to the Saturday Market Advisory Board to replace Dennis Steussy who resigned. Her term will begin immediately and continue through July of 1993. 3. EXHIBITS: Memo from 4. RECOMMENDED BY: Mavc (Committee, Staff, 5. Kelleher ner, Commission, etc.) SONNEL IMPACT: NO X YES : Recommended • Not Recommended 6. EXPENDITURE RED: $ SOURCE OF7er 7. CITY COUNTION: Councilme moves, Councilmember seconds DISCUSS ACTION: Council Agenda Item No. 3I M E M O R A N D U M TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS / FROM: DAN KELLEHER, MAYOR�� DATE: AUGUST 24, 1990 SUBJECT: APPOINTMENT OF CHRISTOPHER GRANT TO KENT PLANNING COMMISSION I have recently appointed Christopher Grant to the Kent Planning Commission. Mr. Grant will replace Mr. Frank Chopp who has resigned. Mr. Grant is Pacific Northwest Regional Sales Manager for Hanjin Shipping Co., Ltd., in Seattle. He has also worked in, and is familiar with, the field of residential and commercial real estate. He has been a resident of Kent for 14 years. He has had a long standing interest and been active in planning issues. His term will become effective immediately and will continue through 12/31/90. I submit this for your confirmation. DK:jb M E M O R A N D U M TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEM \RSFROM: DAN KELLEHER, MAYv✓ DATE: AUGUST 23, 1990 SUBJECT: APPOINTMENT OF GWEN DAHLE TO KENT PLANNING COMMISSION I have recently appointed Gwen Dahle to the Kent Planning Commission. She will replace Anne Biteman, who has resigned. Ms. Dahle is a retired Federal Civil Service employee having worked for the U.S. Postal Service for 15 years. She has been a resident of Kent for 31 years, was active as a Sunday School teacher at Cross and Crown Lutheran Church in Renton for many years and is W concerned about local land use issues. Ms. Dahle lives at 21804 S.E. 252nd in Kent. Her term will begin immediately and will continue through December 31, 1992. r I submit this for your confirmation. DK:jb M E M O R A N D U M TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS / FROM: DAN KELLEHER, MAYOR �O. DATE: AUGUST 28, 1990 SUBJECT: APPOINTMENT OF FAITH ANDERSON TO SATURDAY MARKET ADVISORY BOARD I have recently appointed Faith Anderson to the Saturday Market Advisory Board. She will replace Mr. Dennis Steussy who has resigned. Ms. Anderson has had her own business, "Special Project Accounting" and is a member of Kent Soroptimist. She currently serves as their Recording Secretary. Ms. Anderson's term will become effective immediately and continue through July of 1993. I submit this for your confirmation. DK:jb Kent City Council Meeting Date September 4. 1990 Category Consent Calendar 1. SUBJECT: STREET VACATION 2. SUMMARY STATE14ENT: Adoption of Resolution 162� setting a public hearing date for October 3, 1990 upon the request of Byron C. and Janice M. Beck for vacation of a walkway at the northern end of Parkside Division No. 2 Plat. 3. EXHIBITS: Resolution 4. RECOMMENDED BY: Pro erty Manager (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED F S PERSONNEL IMPACT: NO YES FISCAL PERSO NOTE: Recommended Not Recommended 6. E ENDI UIRED• $_ N/A SOURCE OF S• 7. Councilmember moves, Councilmember seconds DISCUSSION: ACTION:i Council Agenda Item No. 3J 3? RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, regarding vacation of certain property located near 36th Place South located as described in attached Exhibit A and setting the public hearing for September 18, 1990, on the application of Byron and Janice M. Beck.. WHEREAS, a proper petition has been filed requesting vacation of certain property near 36th Place South in the City of Kent as more fully described in Exhibit A, incorporated by reference herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. A Public hearing on the vacation petition shall be held at a regular meeting of the Kent City Council at 7:00 p.m., September 18, 1990 in Council Chambers of the City Hall, Kent, Washington. Section 2. The City Clerk shall give proper notice of the hearing and cause of notice to be posted as provided by law. Section 3. The Planning Director shall obtain the necessary approval of rejection of whether information from the Public Works Department or other appropriate departments and shall transmit information to the Council so that the matter may be considered by the Kent City Council at its regular meeting on September 18, 1990. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1990. Concurred in by the Mayor of the City of Kent, Washington this day of 1990. Passed at a regular meeting of the City Council of the City of Kent, Washington this — day of 1990. Concurred in by the Mayor of the City of Kent, this day of 1990. ATTEST: DAN KELLEHER, MAYOR MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of , 1990. (SEAL) MARIE JENSEN, CITY CLERK -2- 6322L Kent City Council Meeting Date September 4, 1990 Category Consent Calendar 1. SUBJECT: AMENDMEN "Te ZONING CODE 2. SUMMARY STATEMENT: Adoption of Ordinance amending the parking revisions regulations as recommended by the Planning Commission and approved by the Council at the August 21 meeting. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: anning Committee, Staff, Council (Committee, St ff, Examiner, Commission, etc.) 5. UNBUDGETED F CAL PERSONNEL IMPACT: NO YES FISCAL P O L NOTE: Recommended Not Recommended J6. EXPENDI UIRED: $ N/A SOURCE OF DS: 7. Counc DISCUSSION ACTION: moves, Councilmember seconds Council Agenda Item No. 3K EJECT: Kent City Council Meeting Date September 4. 1990 Category Consent Calendar LID 335 - IMPROVEMENT OF 77TH AVENUE SOUTH 2. SUMMARY STATEMENT: Authorization to set the eA -` October 21 1990 for the public hearing on the final assessment roll for LID 335. 3. EXHIBITS• 4. REMP—HI N (Commi 5. UNBUDGEI FISCAL/F 6. EXPENDI4 SOURCES 7. CITY C Counci i DISCUSSI _ ACTION: �Y: Staff , Staff, Examiner, Commission, etc.) 3ONNEL IMPACT: NO YES : Recommended Not Recommended . $ N/A moves, Councilmember econds Council Agenda Item No. 3L ADDED ITEM TO CONSENT CALENDAR #3M Kent City Council Meeting Date September 4. 1990 Category_Consent Calandar Preiiminar� oSub�iY15ron 1. SUBJECT: HARVEY #SU-90-3 P 2. SUMMARY STATEMENT: Authorize September 18, 1990 for a public meeting to consider, the Hearing Examiner's recommendation for conditional approval of an application by Townsend -Chastain & Associates for a 10-lot single family residential preliminary subdivision. The property is located north of S. 252nd Street, between 22nd Avenue S. and 25th Avenue S. 3. EXHIBITS: 4. RECOMMENDED BY: 5. RM 7. Hearing Examiner on August 22, 1990 Recommended $ NL NO YES Not Recommended To auth ize the September 18, 1990 public meeting to consider the Hearing Examiner's recommendation. Kent City Council Meeting Date September 4, 1990 ' Category Other Business 1. SUBJECT: LID 330 BOND ORDINANCE AND PURCHASE CONTRACT 2. SUNKARY STA�T: The Finance staff is requesting the adoption of Bond Ordinance old (/3 and authorization for the Mayor to sign a Purchase Contract in the amount of $4,033,732.35 for LID 330 bond. These bond proceeds will be used for the construction of improvement on 64th Avenue South Street (Meeker Street to South 212th Street). The final assessment roll for this LID has been adopted and the thirty (30) day prepayment period has elapsed. The Purchase Contract with Lehman Brothers is at a net interest cost of 7.61 percent and has a gross underwriting spread of $20 per thousand dollar bond. This results in an average coupon of a 7.35 percent and an assessment to property owners of 7.85 percent.z*�'r 3. Fna race- Ql rcch-� 19?c-L4arth� P01'r, Ied 4. o4Gr,7' -�Aa-" ova ,paJc e 1 / K0,90secl C9rc��✓Uane� f he inr`�rPst 5. /Gfe is //Sled /nC'orrec�� s7a fe d *A a 7- rr GG f �5 u re_ 6 . S 7. XS &70 . 7. �— moved, the adoption of Bond Ordinance W o and #be authorization V for the Mayor to sign a Purchase Contract for LID 330 with Lehman Brothers. ,a.,ya�_ 1QRt,a r.cQe CO a,V. Vlf-� v DISCUSSION• ACTION• Council Agenda Item No. 4A CITY OF KENT, WASHINGTON LID NO. 330 Proposed Pricing Information August 29, 1990 A. Comparison of Illltial Re -Offering Yields Issue a $4,033,732 $1,290,000 $1,697,303 $568,189 $25,000,000 # City of Kent City of Spokane City of Kent City of Auburn Kent S/D No. 415 LID No. 330_ CLID No. 182 CLIO No. 328/334 CLID No. 338/339 UTGO Bonds 4 _.f;:; jA Inv•-,;..Y- .. Sale Date September 4 July 23 July 17 July 2 Offered 8/20, pulled 8/22 4Unid r,ting` a Spread(6)" $20.-0? $19.27 $20.45(5) $19.00 . Net �Interest Cost 1�7.61% 7.39% 7.64%(5) 7.38% NIC/RBI (1) 97.56% 100.13% 102.83%(5) 98.56% AV:Assessments (2) 62.4:1 19.4:1 47.2:1 10.5:1 Proposed Initial Initial Initial Re -Offering Re -Offering Re -Offering Re -Offering lur Yisl4s(3) Yields(3), _ULAIUL Xjglds(3) 1991 6.30 6.30 6.40% 6.40% 1992 6.50 6.45 6.55 6.55 1993 6.70 6.60 6.70 6.70 1994 6.80 6.70 6.60 6.80 1995 6.90 6.80 6190 6.90 1996 7.00 6.90 7.00 7.00 1997 7.70 7,00 7.05 7.05 1998 7.20 7,10 7,10 7.10 1999 7.30 7.10 7.ZO 7.20 2000 7.40 7.10 7.26 7.30. 2007 7.50 - 7.30 -- 2002 7.60 - 7.40 - 2003 6.25 - 7.50 2004 6.25 -- 7.60 - 2005 6.25 7.65 - am M $L1 UU Revenue Bond Index (4) 7.80% 7.53% 7.51% 7.33% 7.38% (1) Net interest cost divided by the Revenue Bond Index at the time of sale. (2) Ratio of assessed valuation to assessments. (3) Estimated maturities. (4) Calculated weekly by The eond 8Uy_r, this index provides a general indication of initial re -offering yields for 25-year revenue bonds. (5) Twenty-year assessment roll. (6) Per $1000 principal amount. Not available Not available Not applicable Not applicable Initial Re -Offering Yields(3) M 7.40% 6.20% 6.30 6.40 6.50 6.60 6.70 6.80 6.90 7.00 7.10 7.15 7.20 HUB G7 7U LLI'L'I", 1 B. Proposed Underwriting Discount Average Takedown Net to Underwriting Expenses (1) Management Fee Total 1417k Proposed City of Kent LID Np, 330 Per'$1000 principal Total $12.67 $51,107 1.80 7,261 1.45 5,849 4.08 16.458 "D.DO. ULM Breakdown as follows; City of Kent CLID No. 32 Per $1000 PCia�ipal Total $12.95 $21,980 2.00 3,396 1.50 2,546 4.00 6.789 $20,45 $34�112 Fed Funds and Day Loan $1,105 $462 Official Statement Preparation 2,017 849 Mailing and Overnight Delivery(a) 477 224 Claarance 2,017 849 Other 233 162 (a) 145 x $ 2.25 11 x 12.50 53 x 0.25 CITY :OF KENT, 10A1�CLz N0. relating to Local Improvement District No. 330; fixing the amount, form, date, interest rates, maturity and denominations of the Local Improvement District No. 330 Bonds; creating a reserve fund to secure further the payment of those bonds; authorizing the refunding to certain owners of property of a portion of their prepaid assessments and the crediting to certain other owners of property of a portion of the reserve fund and earnings thereon under certain conditions; fixing the interest rate on local improvement district assessment installments; and providing for the sale and delivery of those bonds to Lehman Brothers in Seattle, Washington. WHEREAS, the City Council of the City of Kent, Washington (the "City"), created Local Improvement District No. 330 for various purposes pursuant to Ordinance No. 2866, passed on August 1, 1989; and WHEREAS, RCW 35.51.040 authorizes the creation of a reserve fund in an amount not exceeding fifteen percent of the principal amount of the bonds issued for a local improvement district for the purpose of securing the payment of principal of and interest on that issue of local improvement bonds; and WHEREAS, RCW 35.51.040 requires the crediting to prepaid assessments and nondelinquent payments of installments of principal of assessments, and to nondelinquent payments of installments of interest on assessments, of allocable amounts assessed to create the reserve fund and of earnings thereon, respectively; and WHEREAS, by Ordinance No. 2925, passed on June 5, 1990, the City Council of the City approved and confirmed the final assessment roll for Local Improvement District No. 330 in the total amount of $4,869,549.16; and WHEREAS, ten percent of the final assessment roll for Local Improvement District No. 330 is for the purpose of creating a reserve fund for the bonds to be issued to finance the improvements within that local improvement district; and WHEREAS, prepayments of assessments within Local Improvement District No. 330 without penalty, interest or cost could have been made within the thirty -day period from the date of the first publication of the notice of collection, which prepayment period expired on July 20, 1990; and WHEREAS, during that thirty -day prepayment period the City Zeceived $835,816.81 in prepaid assessments; and WHEREAS, assessments remaining unpaid at the expiration of the thirty -day prepayment period for Local Improvement District No. 330 are payable in fifteen equal annual installments, with interest; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES w ORDAIN as follows: Section 1. Description of Bonds. The total amount of the assessment roll in Local Improvement District No. 330 created under Ordinance No. 2866, passed August 1, 1989, was $4,869,549.16. The thirty -day period for making cash payments of assessments without interest in the District expired on July 20, 1990, and the total amount of assessments paid in, cash was $835,816.81, leaving a balance of assessments unpaid on the assessment roll of $4,033,732.35. Local Improvement District No. 330 Bonds (the "Bonds") shall, therefore, be issued in the total principal amount of $4,033,732.35. The Bonds shall be dated September 1, 1990, shall mature on September 1, 2007, and shall be numbered from 1 to 807, inclusive, in the manner and with any additional designation as the Bond Registrar (collectively, the fiscal agencies of the - 2 - State of Washington located in Seattle, Washington, and New York, New York) deems necessary for the purpose of identification. Bond No. 1 shall be in the denomination of $3,732.35 and Bonds Nos. 2 to 807, inclusive, shall be in the denomination of $5,000.00 each. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. The Bonds shall bear interest at the rates set forth below, payable annually beginning September 1, 1991: Bond Numbers Interest (Inclusive) Amounts Rates 1- 61 $303,732.35 6.300% 62-121 300,000.00 6.500 122-181 300,000.00 6.700 182-240 295,000.00 6.800 241-296 280,000.00 6.900 297-351 275,000.00 7.000 352-405 270,000.00 7.100 406-458 $265,000.00 7.200% 459-510 260,000.00 7.300 511-561 255,000.00 7.400 562-612 255,000.00 7.500 613-662 250,000.00 7.600 663-711 245,000.00 7.625 712-759 240,000.00 7.625 760-807 240,000.00 7.625 Section 2. Registration and Transfer of Bonds. The Bonds shall be issued only in registered form as to both principal and interest and recorded on books or records maintained by the Bond Registrar (the "Bond Register"). The Bond Register sna11 contain the name and mailing address of the owner of each Bond and the principal amount and number of each of the Bonds held by each owner. Bonds may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. The transfer of a Bond shall be by the Bond Registrar's receiving the Bond to be transferred, cancelling it and issuing a new certificate in the form of the Bonds to the transferee after registering the name and address of the transferee on the Bond Register. The new certificate shall bear the same Bond number =M as the transferred Bond but may have a different inventory reference number or control number. Any transfer shall be without cost to the owner or transferee. The Bond Registrar shall not be obligated to transfer any Bond during the fifteen days preceding any principal payment or redemption date. Section 3. Payment of Bonds. Both principal of and interest on the Bonds shall be payable solely out of the Local Improvement Fund, District No. 330 (the "Bond Fund"), created by Section 7 of Ordinance No. 2866, including the Reserve Account created therein by Section 4 of this ordinance, and from the Local Improvement Guaranty Fund of the City. Principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be paid by checks or drafts mailed by the Bond Registrar on the interest payment date to the registered owners at the addresses appearing on the Bond Register on the fifteenth day of the month preceding the interest payment date. Principal of the Bonds shall be payable on presentation and surrender of the Bonds by the registered owners at either of the principal offices of the Bond Registrar at the option of the owners. Section 4. Creation and Application of Reserve Account. There is created in the Bond Fund an account to be designated the Reserve Account. There shall be deposited into the Reserve Account upon the issuance and delivery of the Bonds the amount of $403,373.23 from Bond proceeds, that amount being ten percent of the principal amount of the Bonds. Money on deposit in the Reserve Account may be invested in United States Treasury Certificates of Indebtedness - State and Local Government Series ("SLGS"). Investments of money in the Reserve Account shall mature annually, after the installment payment period for assessments and prior to the principal and - 4 - interest payment date on the Bonds. Prior to each annual principal and interest payment date on the Bonds, the City shall withdraw from earnings on the Reserve Account for deposit into a separate fund or account the amount it considers necessary to pay any federal tax or rebate requirement on the Bonds (the "Rebate Amount"). The City does not anticipate that a separate fund or account for a Rebate Amount will be necessary since it intends to invest the Reserve Account in SLGS. All interest earned on investments of money in the Reserve Account in excess of any Rebate Amount shall be transferred to the Bond Fund to pay principal of and interest on the Bonds. Because the principal amount of the Reserve Account will equal ten percent of the principal amount of outstanding assessments, the City intends to bill the owners of property annually at 90% of the total principal and interest installment due on their assessments. Following each annual installment payment date on assessments and on or before each annual principal and interest payment date on the Bonds, the City shall withdraw from the Reserve Account an amount equal to: 1. 100% of principal installments on assessments that were not paid by the annual installment payment date for assessments, plus 2. 10% of principal installments on assessments that were paid in amounts billed by the annual installment payment date for assessments, plus 3. all interest earned on deposits in the Reserve Account, less 4. 90% of principal installments that were delinquent in previous years and that have been received by the City within the last year. - 5 - The money so withdrawn shall be transferred to the Bond Fund and applied by the City to pay principal of and interest on the Bonds on their annual payment date. In accordance with RCW 35.51.040, owners of property for which installment payments of principal of and interest on assessments are delinquent shall not be credited with proportionate shares of principal amounts on deposit or with interest earnings on the Reserve Account when those delinquencies are paid, and those owners shall be required to pay an amount equal to (a) the net impact of a 100% billing, plus (b) interest on their delinquent installment payments at the rate set forth in Section 15, plus (c) a penalty of 9% as set forth in Section 3 of Ordinance No. 2925 of the City. Subsequent payments received from property owners whose previous installment payments of assessments were delinquent shall be Y applied first to the penalty, then to the interest on their assessments, and last to the principal of their assessments. The City covenants and agrees to apply the Reserve Account to the payment of principal of and interest on the Bonds as described herein. When the Bonds and the corresponding assessments are no longer outstanding, any balance remaining in the Reserve Account shall be transferred to the Guaranty Fund. Section 5. Crediting and Refunds to Owners of Property for Which Assessments Were Prepaid. $835,816.81 total amount of assessments in Local Improvement District No. 330 were paid in cash during the thirty -day period for making those payments without interest. The owners of the property for which those assessments were prepaid shall be credited against those prepayments with, and the City shall refund to them, ten percent of the principal amount of their prepayments. - 6 - Section 6. Finding Regarding Reserve Account. The City Council finds and determines that the principal amount of Bonds to be outstanding at any time hereafter shall not exceed the principal amount of assessments to then be outstanding. Section 7. Construction Fund• Deposit of Prepaid Assessments and Bond Proceeds. There previously has been created within the City the 64th Avenue Construction Fund (LID No. 330) (the "Construction Fund") for the purpose of paying the cost and expense of the improvements within Local Improvement District No. 330. For the purpose of paying part of that cost and expense, pending the receipt of special assessments and the proceeds of the issuance and sale of the Bonds, the City has made interfund loans to the Construction Fund from the General Fund, the Water Fund and the Sewerage Fund of the City in the maximum aggregate amount of $670,000 (the "Interfund Loans"). Those Interfund Loans have been repaid from prepaid special assessments at a variable interest rate , adjusted the first and fifteenth day of each month, equal to the interest rate of the State of Washington Local Government Investment Pool on the first and fifteenth day of each month. The initial interest rate on the date of each of the Interfund Loans was determined as of the last preceding interest payment adjustment date. The City Council ratifies and confirms those Interfund Loans. The balance of the proceeds of the prepaid special assessments in Local Improvement District No. 330, after the repayment of the Interfund Loans as described above and after the credits and refunds authorized by Section 5 to the owners of property for which those assessments were prepaid, shall be deposited in the Construction Fund. Upon receipt, (a) the accrued interest received on the Bonds shall be deposited in the Bond Fund, (b) a portion of the - 7 - proceeds of the Bonds shall be deposited in the Reserve Account pursuant to Section 4, and (c) the balance shall be deposited in the Construction Fund and used to pay the cost and expense of the improvements within Local Improvement District No. 330 and the costs of issuance and sale of the Bonds. Section 8. optional Redemption of Bonds. The City shall redeem the Bonds prior to their stated maturity date on any interest payment date, in numerical order, lowest numbers first, at par plus accrued interest to the date fixed for redemption, whenever there is sufficient money in the Bond Fund to pay the Bonds so called and all earlier numbered Bonds over the above the amount required for the payment of the interest on all unpaid Bonds. All Bonds redeemed under this section shall be cancelled. Section 9. Notice of Redemption. The City shall cause notice of any intended redemption of Bonds to be given not less than 15 nor more than 30 days prior to the date fixed for redemption by first class mail, postage prepaid, to the registered owner of any Bond to be redeemed at the address appearing on the Bond Register at the time the Bond Registrar prepares the notice, and the requirements of this sentence shall be deemed to have been fulfilled when notice has been mailed as so provided, whether or not it is actually received by the owner of any Bond. Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemption unless the Bond or Bonds so called are not redeemed when presented pursuant to the call. In addition, the redemption notice shall be mailed within the same period, postage prepaid, to Lehman Brothers Division of Shearson Lehman Brothers Inc. ("Lehman Brothers") at its principal office in Seattle, Washington, or its successors, and to such other persons and with such additional information - 8 - as the City Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of Bonds. Section 10. Failure to Redeem Bonds. If any Bond is not redeemed when properly presented at its maturity or call date, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity or call date until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund and the Bond has been called for payment by giving notice of that call to the registered owner of that Bond. Section 11. Form and Execution of Bonds, The Bonds shall be printed, lithographed or typed on good bond paper in a form consistent with the provisions of this ordinance and State law, shall be signed by the Mayor and the City Clerk, either or both of whose signatures shall be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. Only Bonds bearing a Certificate of Authentication in the following form, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: CERTIFICATE OF AUTHENTICATION This bond is one of the fully registered City of Kent, Washington, Local Improvement District No. 330 Bonds described in the Bond Ordinance. WASHINGTON STATE FISCAL AGENCY Bond Registrar By Authorized Officer The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been - 9 - duly executed, authenticated and delivered and are entitled to the benefits of this ordinance. If any officer whose facsimile signature appears on the Bonds ceases to be an officer of the City authorized to sign bonds before the Bonds bearing his or her facsimile signature are authenticated or delivered by the Bond Registrar or issued by the City, those Bonds nevertheless may be authenticated, delivered and issued and, when authenticated, delivered and issued, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on the date of issuance of the Bonds. Section 12. Bond Registrar. The Bond Registrar shall keep, or cause to be kept, at its principal corporate trust office sufficient books for the registration and transfer of the Bonds which shall at all times be open to inspection by the City. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance and Ordinance No. 2418 establishing a system of registration of the City's bonds and obligations. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on the Bonds. The Bond Registrar may become the owner of Bonds with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act - 10 - as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Bond owners. Section 13. Bonds Negotiable. The Bonds shall be negotiable instruments to the extent provided by RCW 62A.8-102 and 62A.8-105. Section 14, Preservation of Tax Exemption for Interest on Bonds. The City covenants that it will take all actions necessary to prevent interest on the Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the City treated as proceeds of the Bonds at any time during the term of the Bonds which will cause interest on the Bonds to be included in gross income of registered owners for federal income tax purposes. The City also covenants that, if all gross proceeds of the Bonds have not been spent within certain periods prescribed by the United States Internal Revenue Code of 1986, as amended (the "Code"), it will calculate, or cause to be calculated, and rebate to the United States all earnings from the investment of gross proceeds of the Bonds that are in excess of the amount that would have been earned had the yield on those investments been equal to the yield on the Bonds, plus all income derived from those excess earnings, to the extent and in the manner required by Section 148 of the Code and applicable regulations. If the City fails to meet rebate requirements applicable to the Bonds under Section 148 of the Code, the City covenants that, to the extent permitted by that Section, it will pay the penalty provided in Subsection 148(f)(7)(C) if required to prevent interest on the Bonds from being included in gross income of registered owners for federal income tax purposes. The City certifies that it has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage certifications may not be relied upon. Section 15. Interest Rate on Assessments. The interest rate on the installments and delinquent payments of the special assessments in Local Improvement District No. 330 is revised and fixed at the rate of 7.35% per annum. Section 16. Approval of Bond Purchase Contract. Lehman Brothers of Seattle, Washington, has presented a purchase contract (the "Bond Purchase Contract") to the City offering to purchase the Bonds under the terms and conditions provided in the Bond Purchase Contract, which written Bond Purchase Contract is on file with the City Clerk and is incorporated herein by this reference. The City Council finds that entering into the Bond Purchase Contract is in the City's best interest and therefore accepts the offer contained therein and authorizes its execution by City officials. The Bonds will be printed at City expense and will be delivered to the purchaser in accordance with the Bond Purchase Contract, with the approving legal opinion of Foster Pepper & Shefelman, municipal bond counsel of Seattle, Washington, regarding the Bonds printed on each Bond. Bond counsel shall not be required to review and shall express no opinion concerning the completeness or accuracy of any official statement, offering circular or other sales material issued or used in connection with the Bonds, and bond counsel's opinion shall so state. The City Council has been provided with copies of a preliminary official statement. dated August 20, 1990 (the "Preliminary official Statement"), prepared in connection with the sale of the Bonds. For the sole purpose of the purchaser's - 12 - compliance with Securities and Exchange Commission Rule 15c2-12(b)(1), the City "deems final" that Preliminary Official Statement as of its date, except for the omission of information as to offering prices, interest rates, selling compensation, delivery date, rating and other terms of the Bonds dependent on such matters. The proper City officials are authorized and directed to do everything necessary for the prompt delivery of the Bonds to the purchaser, including without limitation the execution of the Official Statement on behalf of the City, and for the proper application and use of the proceeds of the sale thereof. Section 17. 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. ATTEST: MARIE JENSEN, City Clerk APPROVED AS�w�T,O FORM: Sp c al Counsel an Bond nsel for theCijy Passed the day of Approved the day Published the day DAN KELLEHER, Mayor 1990. 1990. , 1990. I certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. SLH-473' (SEAL) MARIE JENSEN, City Clerk - 13 - c:71 4 LEHMAN BROTHERS $4,033,732.35 City of Kent, Washington Local Improvement District No. 330 Bonds September 4, 1990 Honorable Mayor and Members of the City Council City of Kent 220 Fourth Avenue South Kent, Washington 98032-5895 Honorable Mayor and Members of the City Council: Lehman Brothers, a Division of Shearson Lehman Brothers Inc. (the "Purchaser") is pleased to offer to purchase from the City of Kent (the "Seller") all of its $4,033,732.35 principal amount of Local Improvement District No. 330 Bonds (the 'Bonds"). This offer is based upon the terms and conditions set forth below and in Exhibit A attached, which when accepted by the Seller shall constitute the terms and conditions of our Purchase Contract for the Bonds. Those terms and conditions are as follows: 1. Prior to the date of delivery and payment for the Bonds identified in paragraph i of Exhibit A ("Closing"), the Seller shall pass an ordinance authorizing the issuance of the Bonds (the 'Bond Ordinance") in form and substance acceptable to the Purchaser. 2. The Seller shall sell and deliver to the Purchaser, and the Purchaser shall purchase, accept delivery of and pay for the entire $4,033,732.35 principal amount of the Bonds, and only that amount. 3. The Seller consents to and ratifies the use by the Purchaser of the information contained in the Preliminary Official Statement relating to the Bonds, a copy of which is attached to this Purchase Contract as Exhibit B (the "Preliminary Official Statement"), in marketing the Bonds, authorizes the preparation of a Final Official Statement (the "Final Official Statement") for the Bonds containing such revisions and additions to the Preliminary Official Statement as the Finance Director and the Acting City Attorney of the Seller deem necessary, and further authorizes the use of the Final Official Statement in connection with the public offering and sale of the Bonds. LEHMAN BROTHERS DIVISION SHEARSON LEHMAN BROTHERS INC. AN AMERICAN EXPRESS COMPANY 999 THIRD AVENUE SUITE 4000 SEATTLE. WA 98104 206 344 8073 4. The Seller represents, warrants to, and agrees with the Purchaser, as of the date hereof and as of the date and time of Closing, that: a. The Seller has and will have at Closing full legal right, power and authority to enter into and perform its obligations under this Purchase Contract and under the Bond Ordinance, to pass the Bond Ordinance and to sell and deliver the Bonds to the Purchaser; b. This Purchase Contract, the Bond Ordinance and the Bonds do not and will not conflict with or create a breach of or default under any existing law, regulation, judgment, order or decree or any agreement, lease or instrument to which the Seller is subject or by which it is bound; c. No governmental consent, approval or authorization other than the Bond Ordinance is required in connection with the sale of the Bonds to the Purchaser; d. This Purchase Contract, the Bond Ordinance and the Bonds (when issued and paid for by the Purchaser) are, and shall be at the time of Closing, legal, valid and binding obligations of the Seller enforceable in accordance with their respective terms, subject only to applicable bankruptcy, insolvency or other similar laws generally affecting creditors' rights and principles of equity if equitable remedies are sought; e. The Bond Ordinance shall have been duly authorized by the Seller, shall be in full force and effect and shall not have been amended except with the written consent of the Purchaser at the time of Closing; f. The Preliminary Official Statement, except as to matters corrected in the Final Official Statement which shall be available within seven days of the date this Purchase Contract is approved so that the Final Official Statement is available to accompany confirmations that the Purchaser sends to its customers in compliance with the requirements of Rule 15c2-12(b)(4) of the Securities Exchange Act of 1934, as amended, and with the requirements of Rule G-32 of the Municipal Securities Rulemaking Board, shall be accurate and complete in all material aspects as of its date with respect to information obtained from or utilized by officers and employees of the Seller in the normal course of their duties, and the Final Official Statement, which will be available to Purchaser seven days after this Purchase Contract is approved, shall be accurate and complete in all material respects as of its date and as of the date of Closing to the knowledge and belief of such officers and employees; and g. Any certificate or copy of any certificate signed by any official of the Seller and delivered to the Purchaser pursuant to or in connection with this Purchase Contract shall be deemed a representation by the Seller to the Purchaser as to the truth of the statements therein made and is delivered to the Purchaser for such purpose only. —2— 5. As conditions to the Purchaser's obligations hereunder: a. From the date of the Seller's acceptance of this Purchase Contract to the date of Closing, there shall not have been any: (1) Material adverse change in the financial condition or general affairs of the Seller; (2) Event, court decision or proposed law, rule or regulation which may have the effect of changing the federal income tax exemption of the interest on the Bonds or the transactions contemplated by this Purchase Contract or the Preliminary and Final Official Statements; (3) International and national crisis, suspension of stock exchange trading or banking moratorium materially affecting the marketability of the Bonds; or (4) Material adverse event with respect to the Seller which in the reasonable judgment of the Purchaser requires or has required an amendment, modification or supplement to the Final Official Statement and such amendment, modification or supplement is not made. b. At or prior to Closing, the Purchaser shall have received the following: (1) The Bonds, in definitive form and duly executed and authenticated; (2) A certificate of authorized officers of the Seller, in form and substance acceptable to the Seller and Purchaser, to the effect: (i) that the Seller's execution of the Final Official Statement is authorized, (ii) that, to the knowledge and belief of such officers, the Preliminary Official Statement did not as of its date and Final Official Statement (collectively the "Official Statements") (including the financial and statistical data contained therein) did not as of its date or as of the date of Closing contain any untrue statement of material fact or omit to state a material fact necessary to make such statements, in light of the circumstances under which they were made, not misleading; and (iii) that the representations of the Seller contained in this Purchase Contract are true and correct when made and as of Closing; -3- (3) An approving opinion or opinions of the law firm identified in paragraph k of Exhibit A as bond counsel or from another nationally recognized firm of municipal bond lawyers (either or both of which shall be referred to as "Bond Counsel") satisfactory to the Purchaser and dated as of Closing, to the effect: (i) that the Seller is duly organized and legally existing as a city under the laws of the State of Washington with full power and authority to pass the Bond Ordinance and to issue and sell the Bonds to the Purchaser; (ii) that the Bonds are valid, legal and binding obligations of the Seller enforceable in accordance with their terms, except to the extent that such enforcement may be limited by bankruptcy, insolvency or other laws affecting creditors' rights and principles of equity if equitable remedies are sought; (iii) the sections of the Official Statement entitled "AUTHORIZATION," "SECURITY" (with the exception of the paragraph entitled "Guaranty Fund" and the last paragraph in the subsection entitled "Foreclosure Proceedings"), "THE BONDS," "TAX EXEMPTION" and "CERTAIN OTHER FEDERAL TAX CONSEQUENCES", conform to the Bonds and applicable laws; and (iv) that assuming compliance by the City with applicable requirements of the Internal Revenue Code of 1986, as amended (the "Code"), including arbitrage and arbitrage rebate requirements, interest on the Bonds is excluded from gross income of registered owners for federal income tax purposes under existing federal law; except that interest on the Bonds received by corporations may be subject to an alternative minimum tax and, in the case of certain corporations, an environmental and/or foreign branch profits tax, and interest on the Bonds received by certain S corporations may be subject to tax; (4) A letter of Bond Counsel, dated the date of Closing and addressed to the Purchaser, to the effect that it may rely upon the opinion or opinions in subparagraph (3) above as if it or they were addressed to the Purchaser; (5) A certificate of authorized officers of the Seller to the effect that no litigation is pending, or to the knowledge of the Seller threatened, against the Seller in any court: (i) to restrain or enjoin the sale or delivery by the Seller of the Bonds; (ii) in any manner questioning the authority of the Seller to issue, or the issuance or validity of, the Bonds; (iii) questioning the constitutionality of any statute, ordinance or resolution, or the validity of any proceedings, authorizing the issuance of the Bonds; (iv) questioning the validity or enforceability of the Bond Ordinance; (v) contesting in any way the completeness, accuracy or fairness of the Official Statements; (vi) questioning the titles of any officers of the Seller to their respective offices or the legal existence of the Seller under the laws of the State of Washington; or (vii) which might in any material respect adversely affect the transactions contemplated herein and in the Official Statements to be undertaken by the Seller; —4— (6) A certificate signed by authorized officers of the Seller to the effect that the officers of the Seller who signed or whose facsimile signatures appear on the Bonds were on the date of execution of the Bonds the duly elected or appointed, qualified and acting officers of the Seller and that their signatures are genuine or accurate facsimiles; (7) A certificate of authorized officers of the Seller to the effect that the Seller has not been and is not in default as to principal or interest payments on any of its bonds or other obligations, and has not failed to honor the provisions of any law providing for the restoring of a debt service reserve fund to required levels; (8) A certificate of authorized officers of the Seller to the effect that, from the respective dates of the Official Statements and up to and including the date of Closing, the Seller has not incurred any material liabilities direct or contingent, nor has there been any material adverse change in the financial position, results of operations or condition, financial or otherwise, of the Seller, except as described in the Official Statements; (9) A certified copy of the Bond Ordinance; (10) A definitive copy of the Final Official Statement, signed on behalf of the Seller by the City Finance Director; (11) A non —arbitrage certificate signed by an authorized officer of the Seller; (12) A certified copy of this Purchase Contract; and (13) Such additional legal opinions, certificates, instruments and documents as the Purchaser may reasonably request to evidence the truth, accuracy and completeness, as of the date hereof and as of the date of Closing, of the representations and warranties contained herein and of the statements and information contained in the Official Statements and the due performance by the Seller at or prior to Closing of all agreements then to be performed and all conditions then to be satisfied by the Seller. 6. The Seller shall pay the fees and disbursements of Bond Counsel, and the Seller's other consultants and advisors, and the costs of preparing, printing, executing and registering the Bonds. The Purchaser shall pay the costs of preparing, printing and distributing the Final and Preliminary Official Statements (except in the circumstances and to the extent set forth in paragraph 7 hereof), the fees and disbursements of the Purchaser's counsel, if any, the printing and filing of blue sky and legal investment surveys, where necessary, the Purchaser's expenses relative to Closing, including the cost of federal funds, and the Purchaser's travel expenses. —5— 7. If, during the period ending on the earlier of October 15, 1990, or the date on which the Purchaser shall have completed the distribution and delivery to the public of all of the Bonds, any material adverse event affecting the Seller or the Bonds shall occur which results in the Final Official Statement containing any untrue statement of a material fact or omitting to state any material fact necessary to make the Final Official Statement, or the statements or information therein contained, in light of the circumstances under which they were made, not misleading, the Seller shall notify the Purchaser and, if in the opinion of the Seller and the Purchaser such event requires a supplement or amendment to the Final Official Statement, the party whose omission, misstatement or changed circumstance has resulted in the supplement or amendment will at its expense supplement or amend the Final Official Statement in a form and in a manner approved by the Seller and the Purchaser. 8. Any notice or other communication to be given to the Seller under this Purchase Contract shall be given by delivering the same in writing to its respective address set forth above. Any notice or other communication to be given to the Purchaser under this Purchase Contract shall be given by delivering the same in writing to Lehman Brothers, 999 Third Avenue, Suite 4000, Seattle, Washington 98104-4075 (Attention: Richard B. King, Senior Vice President, Public Finance). 9. Upon acceptance of this Purchase Contract, this Purchase Contract shall be binding upon the Seller and the Purchaser. This Purchase Contract is intended to benefit only the parties hereto. The Seller's representations and warranties shall survive any investigation made by or for the Purchaser, delivery and payment for the Bonds, and the termination of this Purchase Contract, except that such representations and warranties contained in the Official Statement shall not survive if Purchaser becomes aware that the facts contained in the Official Statement are incorrect or misleading and Purchaser fails to advise Seller of such incorrect or misleading statements. Should the Purchaser fail (other than for reasons permitted in this Purchase Contract) to pay for the Bonds at Closing, the amount set forth in paragraph n of Exhibit A shall be paid by the Purchaser as liquidated damages in full, and costs shall be borne in accordance with Section 6. Should the Seller fail to satisfy any of the foregoing conditions or covenants, or if Purchaser's obligations are terminated for any reason permitted under this Purchase Contract, then neither the Purchaser not the Seller shall have any further obligations under this Purchase Contract, except that any expenses incurred shall be borne in accordance with Section 6. —6— 10. This offer expires on the date set forth in paragraph m of Exhibit A. Respectfully submitted, LEHMAN BROTHERS Richard B. King Q Senior Vice President Public Finance - Seattle ACCEPTED by the City of Kent, Washington, this th day of September, 1990. ATTEST: By Marie Jensen RBK:mm/0063C Enclosures CITY OF KENT, WASHINGTON By Dan Kelleher, Mayor -7- EXHIBIT A DESCRIPTION OF BONDS a. Purchase Price: $98.00 per $100.00 par value, or $3,953,057.70 which reflects an underwriting discount of $80,674.65, plus accrued interest from September 1, 1990, to the date of Closing. b. Denominations: $5,000 except for Bond No. 1, which shall be in the denomination of $3,732.35. c. Dated Date: September 1, 1990. d. Form: Fully registered with privileges of exchange at the expense of the Seller. e. Interest Payable: Interest will be payable annually on each September 1, beginning September 1, 1991. f. Maturity Schedule: Bonds shall mature on September 1, 2007, and shall bear interest at the rates set forth below: Bond Interest Bond Interest Nos. Amount Rate Nos. amount Rate 1-61 $303,732.35 6.30% 459-510 $260,000 7.30% 62-121 300,000 6.50 511-561 255,000 7.40 122-181 300,000 6.70 562-612 255,000 7.50 182-240 295,000 6.80 613-662 250,000 7.60 241-296 280,000 6.90 663-711 245,000 7.625 297-351 275,000 7.00 712-759 240,000 7.625 352-405 270,000 7.10 760-807 240,000 7.625 406-458 265,000 7.20 g. Net Interest Cost: 7.61% Average Interest Rate: 7.35% Assessment Rate: 7.85% h. Redemption: The Seller reserves the right to redeem the Bonds on any annual principal and interest payment date at 100% of par plus accrued interest to the date of redemption. i. Location and Estimated Closing Date: Seattle, Washington, September 26, 1990. j. Required Ratings of Bonds: None. k. Bond Counsel: Foster Pepper & Shefelman. 1. Method of Payment: Federal Funds draft or wire. M. Offer Expires: September 4, 1990, 12:00 midnight. n. Liquidated Damages: $2,000. RBK:ks0063C 10 ,4�cc� J 1. SIIBJECT• Kent City Council Meeting Date September 4. 1990 Category Bids RADIO EQUIPMENT BUILDING CONSTRUCTION.0eA19 8`Y nnAAA 2. S Several contractors were contacted,(vJ however, due to the small size of the job and time restraint, only two contractors were prepared to issue a quote on the work. Prior to acceptingequotp, one Contractor withdrew. The Fire Department fa recommendSAW the City Council authorize the Mayor to sign a contrac with C.E. Skinner Construction to build the radio equipment support ui ding in the amoun o 32,987. AAA/ d SO M O V'GD. fl -V us W S ego ndA-&O �� 6t l 0­La 3. EXHIBITS: Executive 4. RECOMMENDED BY: (Committee, Staff, Ex#iner, Commission, etc.) 5. UNBUDGETED FIS PERS NNEL IMPA NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. SOURCE OF FUNDS: 7. CITY COUNCIL ACTION Counci ($32,987 is Safety Bond Levy moves, Councilmember seconds that the Mayor be Juthorized to sign Contract with C.E. Skinner Construction to bu ld the radio equipment support building in the amount of $32,987. DISCUSSION: ACTION: Council Agenda Item No. 5A Ae EXECUTIVE SUMMARY SEPTEMBER 4, 1990 TO: MAYOR KELLEHER, COUNCIL PRESIDENT WOODS, COUNCILMEMBERS WHITE, DOWELL, JOHNSON, HOUSER, MANN, ORR FROM: NORM ANGELO, FIRE CHIEF qjs o, SUBJECT: RADIO EQUIPMENT BUILDING CONSTRUCTION CONTRACT --------------------------------------------------------------- INTRODUCTION/BACKGROUND The completion of the West Hill radio transmitter site involves two (2) distinct construction projects, the fabrication and erection of the antenna tower, and the development of the site and construction of the radio equipment building. City Council awarded a bid to Microflect Company, Inc. on June 19, 1990 for the tower fabrication and erection. The development of the site and construction of the radio equipment building presents some unique construction requirements w due to the site's proximity to the existing water tank and the newly constructed fire station, the nature of the specialized electrical and grounding systems needed for the radio equipment, and the need to complete the work within a tight time schedule to meet the overall project schedule. Since the engineering and architectural estimates of the total cost of the work was below the $35,000 bidding limit (the estimate was between $28,000 and $32,000), formal bidding documents were not prepared. Instead, the Fire Department was worked with previously identified qualified and known contractors to obtain price quotes for this work. It was found that due to the small size of the job, and with the stringent specifications and time schedule, only two (2) contractors contacted were prepared to quote the work. Then, prior to accepting these quotations, one of these contractors declined to offer a price since they would be unable to meet the schedule. Executive Summary to Mayor Kelleher and Councilmembers September 4, 1990 Page 2 RECOMMENDED ACTION The Fire Department is recommending the City Council authorize the Mayor to sign a contract with C.E. Skinner, Construction to build the radio equipment support building in the amount of $32,987. SIGNIFICANCE This will allow the completion of the radio project. BUDGET/ECONOMIC IMPACT THis has been budgeted through the bond levy with no impact on the general operating budget of the fire department. ALTERNATIVES/CONSEQUENCES None tcn 0" 1. SUBJECT: Kent City Council Meeting Date September 4. 1990 Category Bids KENT SPRINGS TRANSMISSION MAIN 2. SUMMARY STATEMENT: Bid opening was August 28, 1990 and five bids were received. The low bid was submitted by Robison Construction in the amount of $1,056,666.69. 14 recommend4 OaT this bid be accepted. JOH�so� so M o� t4 vkzn C4. 3. EXHIBITS: Memorandum from tublic Works Director and Bid Summary 4. RECOMMENDED BY: (Committee, Staff, W 6. 7. CITY COUNCIL ACTION: er, Commission, etc.) SONNEL IMPACT•. NO YES : RecommendedNot Recommended Councilmemb r moves, Councilmember seconds the bids mitted by Robison Construction in the amount of $1,056,666 669 be accepted for the Kent Springs Transmission Main project. DISCUSSION: ACTION: Council Agenda Item No. 5B .S DEPARTMENT OF PUBLIC WORKS August 30, 1990 TO: Mayor Kelleher and City Council FROM: Don Wc/.�ic-]cstr RE: Kent Springs Transmission Main Phase I Bid opening was August 28 with five bids received. Low bid was submitted by Robison Construction in the amount of $1,056,666.69. Because the Army Corps of Engineers exercised jurisdiction over a portion of the previous project design, we rescinded the previous award and redesigned the project to exclude that portion over which the Corps had concerns. Construction costs are estimated to be $1,162,333.36. It is recommended the bid submitted by Robison Construction be accepted. BID SUMMARY Robison Construction $1,056,666.69 Active Construction $1,251,679.75 Pape & Sons Construction $1,464,171.26 Frank Coluccio Construction $1,487,416.00 Gary Merlino Construction $1,499,839.50 Engineer's Estimate $1,492,359.42 CONTINUED COMMUNICATIONS may.. A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE v l4Y,' D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS -21 PUBLIC WORKS COMMITTEE AUGUST 21, 1990 PRESENT: Jim White Marty Nizlek Leona Orr Tony McCarthy Steve Dowell Ed Chow Don Wickstrom Carol Morris Carolyn Lake John Bond Gary Gill Hugh Cropp Closure Reauests - 45th Place S and S 240th Street Nizlek commented that both these locations are on the West Hill - the one on 240th is near the drive-in near Highline Community College and the other is 45th Place S. off Reith Road. At both locations, dumping, vagrancy, abandoned vehicles are the problems. Nizlek continued he is proposing to place a Type III barricade at each location. The barricade would have a padlock which can be removed for emergency and maintenance situations. Nizlek referred to a letter from one of the property owners on 45th requesting we delay placing that barricade for ninety days as they are in the process of selling the property. Hugh Cropp was present representing the condominium association in this area. With reference to the cost of placing the barricades, Wickstrom indicated the cost of placing the barricades would probably be recovered by the reduction in cleanup costs. Mr. Cropp added that a big problem in the area is drug dealing. White asked if the property owners could be given a key to allow them access and once that property is developed, the barricade could be removed. Nizlek commented that a problem with that is someone removing the lock and replacing it with another which would preclude emergency access. Orr asked if the 90 day delay would be a problem. Mr. Cropp stated he thought they could wait. Orr added we could condition it that if the property is not sold in 90 days, the barricade would be placed. Carolyn Lake suggested that an access agreement be prepared so there is some notice provided in writing to the owner of the necessity of having it available for emergency access. The Committee unanimously recommended placing the barricade on S. 240th immediately, placing the barricade on 45th after a 90 day waiting period and for an access agreement to be developed for same. Alley Between Titusville Building and Post Office Nizlek indicated a notice of the change had been hand delivered to the merchants in the area and mailed to the property owners of record. No negative comments were received from the merchants. There was one complaint from a resident in the apartments about the noise at night from the mail service. There was a request that w signs be installed for loading areas. Nizlek stated he would not recommend doing that at this time. Carol Morris reviewed that when Public Works Committee August 21, 1990 Page 2 drafting this ordinance, she found that the City had vacated 8 feet to the Post Office in 1963. At that time the City had an ownership interest in the alley itself and was not able to vacate an easement. Thus, the 1963 ordinance was not effective and the City should still have ownership of this 8 feet. She suggested the vacation ordinance be repealed. The Committee unanimously recommended adoption of the ordinance changing the direction of the alley to one way southbound and to repeal the 1963 ordinance. Corridor Funding Wickstrom indicated the financing plan he prepared for the corridor project is based on the grants we anticipate receiving. One of the elements of the plan is a street utility and he is seeking direction from Council whether or not they are interested in proceeding with its formation. Wickstrom stated if there is no interest there would be no reason to pursue the corridor funding. IBC has proposed an option of implementing the street utility in conjunction with eliminating the utility tax as a separate item on the consumers bill and having the utility absorb the tax. Wickstrom indicated this could result in a utility rate increase. Another option would be to use CIP funds. White asked what the ramifications of reworking the CIP would be. McCarthy stated currently we are spending 60-70% of the CIP on debt service. If another million were dedicated to road improvements then other capital projects currently in the five year plan would probably be deferred quite a few years. Wickstrom stated when he developed his proposed financing plan he tried to put it together independent of existing capital improvement program. There are still a lot of other capital needs other than the corridors. White asked how our utility rates compared to other cities. Wickstrom stated the water rates are probably in the upper 90% but we have not had a rate increase since 1984. Sewer rates are in the 50-75 percentile. We have not had a sewer rate increase of City fees since 1980. We have, however, passed along Metro's increases each year. Gill stated the other water districts and municipalities are slowly catching up to our water rates. White expressed concern over how much more we can tax the citizens. McCarthy stated he had spoken with the Mayor recently on this issue. His position is not to have a tax increase but he would not be opposed to a revenue neutral tax. McCarthy continued that what IBC is proposing is some revenue neutral solution. Currently an average household might have water, sewer and drainage charges for a year of about $700 with $24 a year in utility tax. If the utility funds pay the utility tax instead of the customer, then that relates to a tax savings of $24 a year for the citizen. Implementing a street utility could assess each Public Works Committee August 21, 1990 Page 3 household $2 per month or $24 a year thus creating a revenue neutral tax assuming we did not need to raise the utility rates to cover the utility funds paying the tax. McCarthy emphasized that they have not had an opportuity to study the utility rate issue sufficiently at this point to be able to determine if a rate increase would be necessary. While large companies such as Boeing would be paying a pretty hefty street utility fee, McCarthy stated it is his understanding that Boeing wrote the legislation. They are concerned that the businesses and the households pay the same. White stated he felt that discussion of this should take place with the whole council in a workshop setting and give notice to the major employers of what we are discussing. White added that this may be time to consider a change in priorities on the corridor projects and give the 196th higher priority since there is a window for applying for State funding. Dowell asked if SCATBD were approved would the citizens be paying twice. Wickstrom stated they would be paying for different projects and SCATBD would only be able to raise money by a voter approved issue. The SCATBD is probably two years from that point and there is still a legal issue relating to the ability to tax. Carolyn Lake asked if it would be beneficial to our TIB funding applications to have a Resolution stating Council intends to hold a workshop to discuss the utility. Wickstrom responded that TIB requires us to certify the balance of the project funds within a year of application. We will not make application until we at least have a Council resolution of intent to proceed with formation of the utility. White asked for an estimate of what the homeowner would be looking at as opposed to the business community. Wickstrom stated that the same $2 the street utility can assess can be used for mass transit type facilities and can preempt the City from its use. If Metro implements its mass transit program, we will have to credit the businesses what they pay Metro. Another option available to Metro is a sales tax. The Committee asked this be brought before a workshop as quickly as possible. Chow stated they are considering the workshop for September 4 for this issue. Other Items White stated he has been approached by one or two merchants regarding parking limits on Meeker. He has asked them to put together a letter for this Committee. White stated some of the neighbors are concerned about the debris on the property at the end of Gowe where the "Job Corps" office is. Carolyn Lake stated that Carol Proud of the Planning Department is working on that as a code enforcement issue. White asked that she Public Works Committee August 21, 1990 Page 4 contact some of the neighbors to let them know we are working on the problem. Another area is south of Willis between Railroad and South Central. There is an open field behind the restaurant and cars travel back and forth creating a dust problem. He questioned what Committee should deal with the issue. White stated he has noted that the budget requests the last two years have included an item for bottled water for City Hall. He was questioning whether there is a problem with the City's water supply. Wickstrom stated it is not the water supply but a matter of internal plumbing of the building. Our water does affect galvanized pipes and if these pipes are old the water can be affected. Galvanized pipes are not used in current construction techniques. Wickstrom added we are addressing the pH in our new treatment facility for the 212th Street well. Kensington Avenue Storm Wickstrom stated we have requested proposals for this small storm drainage improvement project. Wickstrom explained this project is to address the flooding problem we had on Kensington near Farrington Court. The water overtopped the drainage channel and flooded a residence. Scoccolo Construction submitted the low bid of $14,098.94. In order to be able to move along on this Wickstrom stated he would like to take the award to Council as an added item to the agenda for tonight's meeting. The Committee unanimously concurred with the request. Safeco Classic Gill informed the Committee we had received a request from the Safeco Classic Committee to allow them to place signs in the right of way to direct people to the event. We will be working with them to determine locations.