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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/05/1991 9� Cit of Kent ��L en City Council Meeting AgendaEs a, CITY OF Fa ra WX-1 7Tr Mayor Dan Kelleher Council Members Judy Woods President ...... , :XX. XXX: Steve Dowell Paul Mann Christi Houser Leona Orr ......... Jon Johnson Jim White . ....... .... XXV March 5, 1991 ... XX: ff ........... Office of the City Clerk . ...... .... ....... ...................... ....... ...................................... ......... ...... ..... ................ ...... .......... -b............ I.-........... . ............ ... . . ...... .... vv�=Tk CITY COUNCIL MEETING March 5, 1991 Summary Agenda City of Kent Council Chambers Office of the City Clerk 7: 00 p.m. NOTE: An explanation of the agenda format is given on the back of this page. ✓y CALL TO ORDER ✓✓ROLL CALL 1. VV PUBLIC COMMUNICATIONS ✓VI'A. Employee of the Month 2 . PUBLIC HEARINGS A,,.• ' Pacific Ventures Street Vacation 3 . CO3NSENT CALENDAR Minutes B`. Bills C. ' Interlocal Agreement - Animal Control D. Planning Commission Appointment LID 338 - Westview Terrace/McCann's Westview Sanitary Sewers - Resolution / _Q F'. Library Board Appointment G. Wetlands Education Grant ,H-:'� Garrison Creek II Final Plat LID 336 - East Valley Highway Improvements - Resolution i� 73 LID 336 - East Valley Highway Improvements - Ordinance Fencing of Water Sources Scenic Hill School Master Meter SR 516 and SR 167 Signal Modifications #: LID 335 - 77th Ave. Street Improvements - Ordinance t�7 ,0: 104th Ave. S.E. & S.E. 256th Street Improvements - ordinance _:1 ') ,, `G South 228th Street Improvements - Ordinance ' 1 ` 4 . OT R BUSINESS Walnut Ridge Preliminary subdivision SU-90-5 King County Hotel/Motel Cultural Fund Grant Contract . � CLID 331/335 ,Purchase Contract and Bond Ordinance 5. BID A'. Automated Security Gate 6. CONTINUTED COMMUNICATIONS 7. REPORTS 8 . EXECUTIVE SESSION. There will be an executive session of approximately 20 minutes to discuss solid waste litigation. 9 . 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 l Kent City Council Meeting Date March 5. 1991 (, Category Public Hearings 1. SUBJECT: PACIFIC VENTURES STREET VACATION STV-90-5 2 . SUMMARY STATEMENT: This is a continuation of a public hearing held February 5, 1991 on an application made by Pacific Ventures Inc. to vacate a portion of South 212th Street (STV-90-5) as mentioned in Resolution 1264 and as shown on accompanying map. This is located at the 8700 block of South 212th Street. 3 . EXHIBITS: Application and staff report with map 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ "SOURCE OF FUNDS: r OPEN HEARING:O PUBLIC INPUT: CLOSE HEARING:, 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to approve/disapprove/modify the Planning Department's recommendation of approval with three conditions on an application to vacate a portion of South 212th Street No. STV-90-5 and direct the City Attorney to prepare the necessary ordinance upon receipt of compensation. DISCUSSION• ACTION• Council Agenda Item No. 2A✓i/ My of f' kMd CITY OF KENT crt� PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM January 29 , 1991 MEMO TO: Mayor Dan Kelleher and City Council Members FROM: James P: Harris, Planning Director SUBJECT: Report and Recommendation on an application to vacate a portion of S. 212th Street #STV-90-5 Recommendation: APPROVAL WITH CONDITIONS I. Name of Applicant Pacific Ventures, Inc. P. 0. Box 3407 Bellevue, WA. 98009 II. Reason for Requesting Vacation The applicant states, "The portion of South 212th Street described is not needed for the public roadway system. Vacation would enhance .the ingress and egress of Pacific Ventures, Inc. ' s adjacent property. " III. History An identical application to vacate the very same portion of S. 212th Street was filed in 1987 (Resolution 1143) and was denied by the City Council on October 6, 1987 . Prior to that action, the Council had approved a vacation application for the westerly one half of this area of S. 212th Street (Ordinance 2694) This application was made by LeRoy A. Bowen. Subsequent to that vacation the Bowen Business Center placed required offstreet parking and landscaping in the vacated area. Ingress and egress to both the Bowen Center and the Pacific Ventures, Inc. property now goes over the area Pacific Ventures, Inc. wants to vacate. In order to prevent blockage of access to the Bowen Center at this point an easement over the proposed vacation area would be necessary. y . . MEMO TO: Mayor Dan Kelleher and City Council Members SUBJECT: Report and Recommendation on an application to Page 2 vacate a portion of S. 212th Street #STV-90-5 IV. Staff Recommendation After reviewing comments from the following departments and agencies: . Public Works Fire . Police • U S West Communications and conducting our own review, the Planning Department recommends that the request to vacate a portion of South 212th Street as mentioned in Resolution 1264 and shown on the accompanying map, be APPROVED with the following conditions: 1. Compensate the City of Kent for the full appraised value thereof. 2 . Construct the curb along S . 212th Street so that it conforms to a. City of Kent standard driveway section. 3 . Retain easement rights over, upon and under the area proposed for vacation for utility and vehicular/pedestrian ingress and egress purposes, including the right to grant said rights to others. MAIL TO: APPLICANT: Gerald D. McCaughan Hamer- PACIFIC VENTURES , INC. CITY OF KENT , 220 So. 4th Ave. Address: P . 0. Box 3407 Kent, I4A 98032 � . Bellevue , Washington 98009 Phone: (206) 455-5506 STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council : lie, the undersigned abutting property owners hereby respectfully request that -certain part of So. 212th hereby be vacated. .)General Location) Legal Description Exhibit "A" attached BRIEF STATEMENT WHY VACATION IS BEING SOUGHT The portiop of South 212th Street described is not needed for the public roadway system. Vacation would enhance the ingress and egress of Pacific Ventures , Inc. ' s adjacent property. Sufficient proof, copy of deed contract etc. supported by King County Tax Rolls shall be submitted for verification of signatures. Without these a "CURRENT" title report shall be required, When Corporations, Partnerships etc. are being signed for, then proof of individual's authority to sign for same shall also be submitted. Attach a color coded map of a scale of not less than 1" a 200' of the area sought for vacation. (NOTE) Ilap must correspond with legal description. ABUTTING PROPERTY OWNERS TAX LOT R SIGNATURES AND ADDRESSES LOT, BLOCK & PLAT/SEC. TWIT. RG 7 1990 - PUNNING 1F%111AE:: P CI F 2RES, Lot 7 , Block 9102 gyp Section 7 T22N R5E W.M. 4-7icharcd oyer King County, Secretary Washington $150.00 Fee Paid Treasurer's Receipt Appraisal Fee Paid Treasurer's Land Valua Paid Treasurer' s p091 t1wwd tiaealsNed bate^ 7" �—y $} HRIT Trade Accepted Date TREASURY I 1 _ t Legal Descri tion for Portion of So. 212th Street Vacation That portion of Government Lot 2, Section 7, Township 22 North, Range 5 East,14.1•1. in King County, Washington lying within that portion of land deeded to the City .of Kent recorded in instrument under King County Recording No. ' 7111230435 described as follows: Commencing at the northwest corner of said Government Lot 2; thence N 89056' 10" E along the north line of said Government Lot 2, a distance of 536.82 feet; thence S 00051' 16" W, a distance of 50.00 feet to a point on the north line of vacated South 212th Street as described in City of Kent Street Vacation Ordinance No. 2694; thence N 89056' 10" E along said north line, a distance of 3.47 feet to the northeast corner of said street vacation and the TRUE POINT OF BEGINNING; thence N 89056110" E parallel -to the north line of said Government Lot 2, a distance of 136.26 feet to an angle point which is 50 feet southerly from the north line of said Government Lot 2; said point is also on the south line of,said land deeded to the City of Kent recorded in instrument under King County Recording No. 7111230435 ' thence along said south line the following courses: S 83°13' 45" W, a distance of 85.59 feet to an angle point which is 60 feet southerly from the north line of said Government Lot 2; thence S 300241123" W, a distance of 52.20 feet to an angle point'which is .105 feet southerly from the north line of said Government Lot 2; thence S 89056110" W parallel to said north line, a distance of 26.05 feet to a point on the east line of said vacated street per City of Kent Ordiance No. 2694; thence N 01015' 10" E along said east line, a distance of 55. 00 feet to the TRUE POINT OF BEGINNING and containing 2, 683 square_feet more or less. The undersigned, Jeffrey R. Harstad, hereby certifies that the petition to vacate a portion of South 212th Street herein described has been signed by the owners of more than two-thirds (2/3) of the property abutting upon the part of such street sought to be vacated. ffrey liarstad Date y VOL. i}AgsAl 1 �v Oz C=) (� .�Cl n �Ih PR O POSE D S. 212TH S l VACATION ST V 9v- .S �toVA Ceh er V N t� 2 12TH ST RE ET PACIFIC. `/PN-'UU.5 BoW 5N BUS(►J tr SS C-6WTE V) S . 212 TH STTRPQT THIS a21=a � Fro po VACA,7ap sy �cicz � i0r< \ 02 D, Z6, 9g \ (Ja hvar-fir \ CONSENT CALENDAR 3 . City Council Action: Councilmember moves, Councilmember seconds that Consent Calendar Items A through P be approved. Discussion Action 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of February 19, 1991. NL 3B. Approval of Bills. Approval of payment of the bills received through February 28 , 1991 after auditing by the Operations Committee at its meeting at 4:45 p.m. on March 12, 1991. / Approval of checks issued for vouchers: Date Check Numbers Amount Approval of checks issued for payroll: Date Check Numbers Amount Council Agenda Item No. 3 A-BV Kent, Washington February 19 , 1991 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Dowell, Houser, Johnson, Mann, Orr, White and Woods, Assistant City Ad- ministrator Hansen, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Acting Police Chief Byerly, Fire Chief Angelo, Personnel Director Olson, Parks Di- rector Wilson, Finance Director McCarthy, Information Services Director Spang and Acting City Clerk Jacober. City Administrator Chow was not in attendance. Approximately 60 people were at the meeting. PUBLIC Chief's Award. Acting Police Chief Byerly pre- COMMUNICATIONS sented a Chief's Award to Lt. Kenneth R. LaBelle for his twenty-five years of service to the City. Engineer's Week. Mayor Kelleher read a proclama- tion declaring the week of February 17-23, 1991 as Engineer's Week in the City of Kent. The procla- mation was presented to Public Works Director Wickstrom. State of the City. Mayor Kelleher expressed pleasure with the excellent progress made toward the City's goals during the past year, and stated that Kent will continue to make substantial addi- tional progress in the next year despite the slowing economy. He noted that the No. 1 goal continues to be the alleviation of traffic con- gestion. A copy of the Mayor's statement is at- tached to the minutes. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR I be approved. Houser seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of February 5, 1991. WATER (CONSENT CALENDAR - ITEM 3G) Charge in lieu of Assessment - Water Mains. AUTHORIZATION to establish a charge in lieu of assessment on water mains constructed by the City in the vicinity of S .E. 244th Street, S.E. 248th Street, 100th Avenue S.E./So. 231st Street and So. 231st Street east of 100th Avenue S.E. , as recom- mended by the Public Works Committee. 1 February 19 , 1991 WATER (CONSENT CALENDAR - ITEM 3H) Time Payment Request - Charge in Lieu of Assess- ment. AUTHORIZATION to establish a time payment for payment of a charge in lieu of assessment in the amount $1,442 .46 for water meter connection for Maynard Ackerson, 11704 Kent-Kangley Road, as recommended by the Public Works Committee. SEWERS (OTHER BUSINESS - ITEM 4C) LID 337 - Westview Terrace/McCann's Westview San- itary Sewers. Dwight Davis, 21417-96th Avenue South, noted that the Council had held a public hearing on this item on February_ 5, 1991, and that many people who were in favor of the LID did not attend the hearing because of the wording in the notice they received. He noted that the motion to prepare the ordinance creating the LID was conse- quently defeated. He pointed out that 47.9% of the citizens in the area support the LID. Upon White' s question, City Attorney Lubovich noted that in order to look at this situation again, the process would have to be started over. Wickstrom concurred and pointed out that if a new hearing were held, people in favor and opposed would have a chance to speak. Rolly Topping, 21416-96th Ave- nue South, spoke in favor of the LID, but felt the entire process should not have to be started over simply because few people in favor were at the hearing. Ed White, 21426-96th Avenue South, con- curred with Topping, stating they should not be required to gather signatures and submit paperwork a second time. Wickstrom noted for the Mayor that the wording in the notices could be changed to say that anyone for or against the project is invited to attend the hearing. The Mayor directed that the wording be so changed in the future. DOWELL MOVED to reconsider this matter. Mann seconded. Lubovich voiced concern regarding re- opening the matter without appropriate notice. The Mayor suggested that instead of calling for reconsideration, that Dowell call for the matter to be reopened, notice be given, and a resolution of intent to create an LID and setting a new hearing date be brought to the next Council 2 February 19, 1991 SEWERS meeting. Dowell and Mann agreed. Wickstrom pointed out that the number of the LID will be changed. Upon a question from Gladys Pfaff, 9634 S. 214th Street, Wickstrom clarified that no more signatures are required. Johnson suggested that even though State law requires only 40% approval, citizens of the area try to get additional support for the LID. He also suggested annexing to the city as opposed to signing annexation covenants. George Hoffman, 21415-98th Avenue South, noted that he is in favor of the LID and thanked the Council for their help. Dowell ' s motion then carried. STREETS (CONSENT CALENDAR - ITEM 3D) LID 331 - 240th Street Improvements. ADOPTION of Ordinance 2963 amending Ordinance 2952 which ap- proved and confirmed the assessments and assess- ment roll of LID 331. The initial ordinance er- roneously listed the assessment roll as a total project cost. The amended ordinance changes this figure to the established assessment roll. STREET (PUBLIC HEARINGS - ITEM 2A) VACATIONS Pacific Ventures Street Vacation STV-90-5. This is a continuation of a public hearing held Feb- ruary 5, 1991 on an application made by Pacific Ventures, Inc. to vacate a portion of So. 212th (STV-90-5) as mentioned in Resolution 1264 . The property is located at the 8700 block of So. 212th Street. A letter from John L. Hendrickson, attor- ney for the applicant, has been received request- ing that this hearing be continued to March 5, 1991. Harris noted that staff recommends that the hearing be continued as requested. WHITE SO MOVED. Houser seconded and the motion carried. (CONSENT CALENDAR - ITEM 3E) Kelly's Cafe Americana Street Vacation STV-90-4. ADOPTION of Ordinance 2964 vacating a portion of South Central Place, a street located on the northwest corner of S .E. 266th and So. Central Avenue. 3 February 19, 1991 PRELIMINARY (CONSENT CALENDAR - ITEM 3F) SUBDIVISION Walnut Ridge Preliminary Subdivision SU-90-5. AUTHORIZATION to set March 5, 1991 for a public meeting to consider the Hearing Examiner's rec- ommendation for conditional approval of an ap- plication by Douglas W. Graef and William Curran, Sr. for a 12-lot single family residential pre- liminary subdivision. The property is located south and west of 9631 So. 242nd Street. LOT LINE (OTHER BUSINESS - ITEM 4A) ADJUSTMENT Lot Line Adjustment LL-88-27. This item is to consider the Council Planning Committee' s rec- ommendation to proceed with the Administrative Procedure Option No. 3 to rescind lot line adjust- ment LL-88-27 located in North Park. This item was before the Planning Committee on November 6 and 20 and December 4, 1990. Mayor Kelleher noted that Council President Woods will preside over this issue, since he is dis- tantly related to the applicant. Planning Director Harris pointed out the area on the map and noted that the lots were originally 40 ' x 1271 , but were combined into 80 ' x 127 ' lots through a lot line adjustment. He noted that the applicant's request is to rescind the lot line ad- justment, returning the lots to 40 ' x 1271 . The City Attorney noted that it is advisable, given the number of people in attendance, to allow a public hearing on this matter. Council Presi- dent Woods declared the public hearing open. Tami Grace. 754 North 2nd Avenue, voiced concern re- garding street improvements, traffic safety, over- crowding of schools, and emergency vehicle access, and noted that the citizens of the area would like to be notified of any plans in their area. Harris noted that everyone within 200 ' of the perimeter (approximately 50 people) had been notified, and that notices were published in the newpaper and posted in the area. The City Attorney pointed out that since this is an administrative process, no- tice was not legally required. Wickstrom noted that this is a unique situation in that the lots are already in existence, and therefore the City 4 February 19, 1991 LOT LINE does not have the authority of the Subdivision ADJUSTMENT Code, and would be exempt from the SEPA require- ments. He said the only authority the City has is in regard to frontage improvements. He noted for Grace that storm sewers had been put in through the Community Development program, but that money has not been allocated for sidewalk improvements. Shaunlee Birge, 855-2nd Avenue North, stated that the area has very limited access, and that it is very difficult to get onto James during busy hours. He suggested a park rather than further development. Harris noted for White that Bowen is not a through street, and Wickstrom added that the State will not allow the opening of Bowen to Fourth Avenue. June McClure, 943-3rd Avenue North, noted that there is a drainage problem in the area, and a- greed that there should be sidewalks, lights and another way out of the area. Wickstrom noted that the City can require developers to do drainage im- provements. John Hunt, 920-3rd Avenue; noted that he had been told that the citizens of the area would not be required to pay for improvements. He also expressed concern regarding drainage. Daniel Higgins , 713-1st Avenue North, noted that he had gotten a map from King County which showed the lots as 121 ' x 1271 . Harris explained that the lots were legally 40 ' x 1271 , then combined into 80 ' x 1271 . Cheryle Noble, 316 W. Cloudy, stated that street improvements are needed, and agreed that residents should not have to pay for them. Birge, Hunt, Noble, and Grace all felt that noti- fication should go to all residents of the area and Woods assured them that the 200 ' provision will be expanded. Tami Grace provided a list of people who would like notification. Mel Kleweno, Attorney, noted that development of single family housing is one of the City' s goals and urged that it be affordable housing. Harris clarified for Kleweno that he, as Planning Direc- tor, made the recommendation to rescind the lot line adjustment. There were no further comments from the audience and WHITE MOVED that the hearing be closed. Orr seconded and the motion carried. JOHNSON MOVED to 5 February 19, 1991 LOT LINE accept the Planning Department's findings, to con- ADJUSTMENT cur with Option No. 3 to administratively rescind lot line adjustment LL-88-27, to refer questions regarding road maintenance, drainage and sidewalks to the Public Works Committee and to refer the emergency vehicle access issue to the Public Safe- ty Committee. Mann seconded. Upon White's ques- tion, Harris noted that the State set the 200 ' no- tification limit, but that the Council can set other limits. Upon Dowell ' s question, Lubovich clarified that this came to Council at the recom- mendation of the Planning Committee because there is no specific procedure. Johnson noted that the Planning Committee recommends approval of the rescission. The motion then carried. PLANNING (CONSENT CALENDAR - ITEM 31) COMMISSION Planning Commission Appointment. CONFIRMATION of the Mayor' s appointment of Al Haylor to the Kent Planning Commission, replacing Elmira Forner whose term has expired. FIRE (CONSENT CALENDAR - ITEM 3C) DEPARTMENT Transfer of Public Safety Bond Interest. APPROVAL that $70, 000 of interest be allocated to the Bond Radio/MDT bond project and bond interest in the amount of $14, 000 be transferred to project man- agement and $10, 000 of bond interest to East Hill site work. Economic climate, lengthy research and planning resulted in higher bids than anticipated for the tower, support building and method of transmis- sion. Cost savings were implemented where prac- tical. Ongoing project management particularly installation and procedure development on audio- visual necessitates funding for 1991. East Hill undeveloped portion of site needs grading and security fencing. During the same period additional interest has accrued. Staff has discussed implication with the Finance Director. It is recommended by the Public Safety and Operations Committees, Fire and Police Departments that $70, 000 of the additional inter- est be allocated to the Bond Radio/MDT bond pro- ject to cover the additional cost of the backbone of the system. Additional bond interest in the 6 February 19, 1991 FIRE amount of $14 , 000 to project management and DEPARTMENT $10, 000 of bond interest to East Hill site work. (BIDS - ITEM 5A) High-Pressure Breathing Air Compressor. The Fire Department went out- to bid for a high-pressure breathing air compressor. One bid was received from Ingersol-Rand/Eagle Compressor Company. The bid price is within the 1990 CIP budgeted amount. After review of the bid with Ingersol-Rand, a fur- ther cost reduction of approximately $2 , 000 will be realized by the deletion of a feature that was not required in the bid specification. This com- pressor will allow the Fire Department to supply needed breathing air at the scene of emergencies involving hazardous atmospheres. MANN MOVED that the bid submitted by Ingersol-Rand/Eagle Compres- sor Company for a high pressure breathing air compressor be awarded in the amount of $33 , 163 . 00. Woods seconded and the motion carried. PARKS & (OTHER BUSINESS - ITEM 4B) RECREATION Golf Cart Lease. As recommended by the Internal Budget Committee, the Parks Department seeks au- thorization for Riverbend Golf Complex to lease an additional twenty-one power golf carts from Yamaha. The current fleet size, consisting of twenty-nine, does not handle the demand for re- gular and tournament play, and the complex is losing potential revenue. Staff feels that the revenues generated will cover the cost of expenses and result in a profit. DOWELL MOVED that River- bend Golf Complex be authorized to lease from Yamaha an additional twenty-one golf carts for rental . Woods seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through February 15, 1991 after auditing by the Operations Committee at its , meeting at 4 : 30 p.m. on February 26, 1991. Approval of checks issued for vouchers:_ Date Check Numbers Amount 2/1-2/12/91 101452-101485 $ 129, 684 . 21 2/15/91 101488-101984 2 , 151 , 890. 19 $2 , 281, 574 . 40 7 February 19, 1991 FINANCE Approval of checks issued for. payroll: Date Check Numbers Amount 2/20/91 1150690-1151373 $ 619, 304 . 50 REPORTS council President. Woods noted that Councilmem- bers White and Johnson will be working with her on an informal Regional Services Committee which will direct issues being heard by Suburban Cities to the proper committee. Public Works. White noted that bids will be open- ed this spring for the widening of Canyon Drive and installation of Jersey barriers. He confirmed for Johnson that the project will be constructed this summer. White also noted that the National League of Cities has asked him to have the Mayor and Councilmembers sign letters to our Congres- sional delegation in regard to consumer complaints on cable legislation. EXECUTIVE At 9: 00 p.m. Assistant City Administrator Hansen SESSION announced an executive session of approximately 20 minutes to discuss RUGG vs. City of Kent. ADJOURNMENT The meeting reconvened at 9: 30 p.m. and then adjourned. 4 Brenda J cob , CMC Acting C ty lerk 8 NON YOU ANON THAT "IS ACMIXISTRATION MAS BEEN ROUNDLY _ CRITICIZED MR OUR EFFORTS TO BUILD THE 17ITN MRAIDOR-ESPECIALLY STATE OF THE CITY SPEECH 1991 BY Af3IDEN[3 WHO iJYC IN TR PAST OF THE ROAD. I CAN'} BLAME ANYONE MR SAYING TO TIGHT,A ROAD WHICH WAY WIPE OUT THEIR MOUSE OR AT WE %GINNING OT EACH YEAR IT IS CUSTOMARY THAT I COME THEIR MCK YARD. BUT AT TIMES WE HAVE OEM CRITICIZED FOR BEMRI TIE CITY COUNCIL AND VARIOUS COMMUNITY GROUP9.TO REPORT ON FRCHOTING A MORE DENSE AND INTENSE DEVELOPMENT PATTERN ON EAST 'E STATE OF TIE CITY, AND PROVIDE AN UPDATE AND STATUS REPORT ON HILL; THAT- IT HAS REIN SAID- IS THE ONLY REASON NEXT WISHES TO ,WZ'RI GOING IN OUR EFFORTS TO ACHING CRITICAL CC HUNITY GOALS. BUILD SHE 171TM STAIR ARTERIAL. IT 13 A PVASURL TO REPORT M YOU TODAY THAT WE HAVE MAUL E%CZMENT PROGRESS N11ASD OUR GOALS WRING SHE PAST YEAR, AND IN SPITE OF THE IEXT DOES NOT SUPPORT AN INTENSIFICATION OF DEVELOPMENT ON FACT MAY THE SLOWING ECONOMY WILL REDUCE THE NUDE ANNUAL REVENUE - EAST 11I". SENT HAS NOTING TO GAIN BY PROMOTING DENSE DEVELOPMENT INCREASES WE HAVE COME TO EXPECT IN OUR PROSPEROUS AND GROWING GMT DP OUR MRD[RSI INDEED, WE HAVE MCI TO LOSE IT UST HILL COMNHITY SACH YEAR, IIN HERE, NEVERTHELESS, TO TELL YOU THE GOOD DNCIOPMLXT PATTERNS SRIXSiFY. DENSE LASS HILL ONGIAPMCXT CLODS NEWS MAT XEMT WILL BTTIJ,CONTINUE SO MAKE SUBSTANTIAL ADDITIONAL ILLNT•3 ROADS MITI COMMUTEAY WHO MIST PASS-TIROUGM RLXT ON THE MAY MMAESS TOWARD ACIIINING OUR FOALS IN THE NEXT YEAR. TO XOA%1 AND DIX9[WT HILL DEVELOPMENT!OlTS2DC OF MR CITY LIMITS YIELDS KENT NOT OKI PENNY IN TAX REVENUE TO PAY MR NEEDED SERVICE TII 11 GOAL OP YOUR CITY GOVERNMENT HAS BEEN, AND CONTINUES TO IMPROVEMENTS. 1[.THE AL.NSATION OF TRAFFIC CWIGE52ION ON MAJOR EAST.WEST ROADS - IN 1IL1T1'. (I APOLOGIZE IT THAT SOUNDS REPETITIVE --IT'S CERTAINLY - OUR POLICY IS MOT TO PROMOTE DENSE DEVELOPMENT ON SHE EAST NOT A NEW GOAL. IT'S BEEN THE CITY'S GOAL FOR WE LAST 3 TO 10 _ HILL PLATEAU, OUR POLICY IS SO REDUCE TRAFFIC COHGESTiOH BY YEARS, AND IF IT SOUNDS FAMILIAR, THAT'S BECAUSE WE MADE IT A TOP DEVELOPING LAND USE AND ROAD DEVELOPMENT PLANS WHICH HAVE THE WIND GOAL AREA THE NEXT CHAMBER OY COMMERCE AND MANY PEOPLE PRESENT OF CONCUPA£1CY CALLED PoA IN N8 1929. THAT MEANS NOBS ROADS AND MERZ TODAY CONVINCED US OF"I IMMRTAIICE OF NEW ROAD CONSTAUC'ICN LL55 DLVLLDPHCXT. IN SECT.) SO "EX. WHAT PROGRESS RAVE WE UDC IN THE PAST MR TOWARD BUT IT'S IMPORTANT TO REMEMBER THAT ROAD CONSTRUCTION IS MOT ACHIEVING CONCVPpCNCY IN OUR PUNS. CLEARLY SXC ONCIDPNEXT OF THE "I ONLY NAY TO AVOID A CONSISTED ROAD SYSTEM. OUR LAND USE PLANS 117TN CORRIDOR IS TIE FIRST STEP. DETERMINE THE DEVELOPMENT PATTERN MR TILE MIRE AREA. TIE DCISITY o RECALL I YEARS AGO WE VIEWED $S MILLION NORTH OF VIE AND TYPE OF DEVELOPMENT DIRECTLY AFFECTS TIC TRAFFIC DEMAND WHICH CITY'!BONDING GPACIST M THE IMXLDIATC CONSTAURIOM Of WILL BE PLACED ON MR ROADS AND INTERSECTIONS. THIS ADAD. AT THAT TIME, MR IIMITS AND PURPOSES, THE ROAD PROTECT WAS FUNDED. THIS THEN IS We CIHII.eMG3 OF LAND USE AND INFRASTRUCTURE O SUBSEQUENTLY ADDITIONAL FUNDING SOURCES TO}ALLING $S - PLANNING; BALANCING THE SUPPLY OF NEEDED SERVICES (THROUGH MR MI1OH HAVE BEEN SECURED AND APPROVED BY ME CITY PLASHING PROCESS MR ROADS AND WATER SUPPLY AND OTHER NEEDED COUNCIL TO PROVIDE MR A WIDER ROAD, BUILT TO NIGHER INTAmMUCNRE) WITH THE DEMAND MR THOSE SERVICES (AS DETERMINED STANDARDS, AND KITH A GREATER CARRYING CAPACITY. 1 J SNHOUIX CAN LAND USE PLANS). IT'S REALLY NOT A DIFFICULT OR o WE WAVE NEARLY COMPLETED OUR ROUTE ALIGMMENT STUDY, AND COMPLICATED CONCEPT--WE WANT TO BALANCE OUR SUPPLY OF ROADS KITH a WE HAVE NEARLY COMPLETED OUR IXVIRONMENTAL IMPACT STUDY. OUR DEMAND MR MADE. SUPPLY AND DEMAND SHWLD BE CONCURRENT, OR - IN FACT, THOSE TWO STUDIES WOULD WAVE BEEN COMPLETED LAST TILE SYSTEM FAILS. FALL, BUT THE CITY WAS APPROACHED LAST JUKE IT THE CCUITY SHE WASHINGTON STATE LEGISLATURE RECENTLY RECOGNIZED THAT EXECUTIVE, COUt1CILMAN SENF PULLED AND MEMBERS OF THE COUNTY AOACS LOCAL GOVERNMENTS -CITIES AND COUXTITS -HAVE SEEN IGNORING THIS PLANNING STAFF. WRING MR JUNE MEETING, COUNTY OFFICIALS "SIC PRINCIPAL OF SUPPLY AND DEMAND. THEY RECOGNIZED THAT CITIES _ EXPRESSED A CONCERN THAT WE WERE MOVING TYD FAST TOWARD TIME AND COVRIE9 HAVE BEEN APPROVING MORE DNEIAPMEIT WITHOUT CONSTHUCTIOM OP "IS "AD -- NATURALLY MAY MOTION FRUSTRATED US CONSTRUCTING ROADS AND OTHER INFRASSRUC'NRE NEEDED M SERVE THE BECAUSE WI FEEL TNL ROAD WAS HEEDED YEARS AGO, AND BECAUSE IT HAS TAKEN US A GMAT DEAL OF PATIENCE ALREADY TO SPEND 1 YEARS DEVEWIFFIIT. AS A RESULT, SYSTEM! ARE FAILTNG. SUSSEOULVT TO WE AVAILABILITY OF DVCLOPMM FUNDS METICULOUSLY IN RECOGNIZING TMZS CONDITION THE LEGISLANAE PASSED HE CARRYING OUT VERY REQUIREMENT UNDER STATE UN MR ENE D£/EIOPMENT Z 919 WHICH pCQU2AL3 FIAT CITIES AND COVNTI£S IMPLEMLNS LAND USE OT SUCH A ROAD._ PLANS WHICH ARE CONCURRENT WITH THEIR SERVICE AND INFRASTRUCTURE PLANS, NO 2929 ALSO REQUIRES ANOTHER KIND OF COHCUABMCY; IT MCVERTHLLESl, COUNTY OFFICIALS ASKED U! FOR A DELAY: A DELAY REQUIRES THAT COUNTY PLANS BE CONCURRENT WITH CITY PUNS. OF S MONTH$, SO THAT THEY COULD o COLLECT ADDITIONAL PUBLIC INPUT ABOUT ME PROJECT, ANO TODAY MR REGIONAL LAND USE PUNS (MR BOTH CITIES AND a CONDUCT AN ANALYSIS OF ALTERNATIVES. MUXTIC9) ARE NQS CONCURRENT HISM OUR SERVICE PUNS;ACID OUR COUNTY FUNS ARE CUSS COHCUAREIIT WITH OVA CITY PLANS. NATURALLY WE WERE VERY RELUCTANT TO GRANT THIS B MONTH DELAY, BUT CWNTT OPPICIAU ASSURED U9 THAT THEY COULD DONDDCT THE NOW 2 APOWCISL...THIS IS ALL JUST A RESTATEMENT OF THAT MACH ANALYSIS THEY NEEDED WITHIN THE REQUESTED 6 MONTHS. AND"OM VIE IS OpVIWS TO ALL OF YOU IN THE EVEN -JARGON' OF SIZE STATE BEGINNING OF THIS PROTECT WE HAVE WANTED TO AVOID'COUNTY BASHING•: LYGIILATIRE, WHICH HAS PICKED UP THIS ISSUE. OUR PUNS HAVE NOT WE HAVE WANTED TO BEAD OVER BACKWARDS TO WORK WTTH TIE COUNTY AND BEEN•CMC HMY-AND THIS UC%OY CONCURRENCY LEAD TO VIE FAILURE NOT AGAINST THEY. $O WE AGREED TO ME DELAY. TILN, AS WE END OF OF OU0.ROAD SYSTEM YEARS AGO. UST YEAR - WITHOUT CONSULTING OR NEGOTIATING WITH RENT - VIE COUNTY COUNCIL PASSED A RESOLUTION CALLING FOR SHE CITY OF WENT TO VIE ANSWER M TNIC PROBLEM IS OBVIOUS. AS A REGION WE MUST SURRENDER 'LEAD AGENCY- STATUS ON THE PROJECT, AND CALLING FOR A WILD MORE ROADS, A110 WE MUST ALSO BE MORE CAREFUL AND CAUTIOUS NEW STUDY TO Be PERFORMED BY THE COUNTY TU OV7MMIVE'IF THE NEED ABOUT APPROVING NEW OVELOPMEYI'XHICN MILL INCREASE VIE OVAQEH On FOR (TIEROAD'3) CONSTRUCTION STILL EXISTS'. NATURALLY, WE WERE MR ROAD NETWORK..WE MUST DEVELOP PLANS TO INCREASE TIIE SUPPLY OF NOT HAPPY MIEN WE HEARD ABOUT THIS RESOLUTION. WE FEEL THAT WE AOA09, AND LAND USE PUNS TO - AT A MINIXUM - REDUCE TIC RATE OF HAVE BEEN VERY FORTHCOMING NIT[TIC COUNTY REGARDING THIS PROJECT.. INCREASE IN WE DEMAND MR ROADS. IF WE DEVELOP SUCH PLANS, WE WILL BC MOVING TOWARD TIE •CONCURRENCY • CALLED FOR IN LIB 2929. LCl"3 NOT FORGET THAT MR MANY YEARS SENT OFFICIALS REFUSED TO 2 4 FUND THIS ROAD CLAIMING IT WAS A COUNTY RESPONSIBILITY. WE MIST ACMOWLEWE"AT IT THE MGM STICKS TO IT'S POLICY, IT MY BE SUCCZIBFUL AT OBSTRUCTING THIS ROAD, MID BLOCKING OUR AND SO IT IS. EFFORTS AT ANNEXING THE AREA. IF THIS HAPPENS, T HILL SADLY COHCLIUDE THAT WE WILL HAVE 'LA9 THE HONSL TO HATER BUT WE CAN'T IT IS, AFTER ALL A COUNTY MAO, LOCATED ENTIRELY WITHIN MXt 'ERR DRINK•. UNINCORPORATED KING COUNTY. DESIGNED TO CLEAN OP THE ECLOQT LAND USE MESS, WHICH OCCURRED AS A RESULT OF THL COUNTY LAND 01E PUNS IN SUCH AN VERY. I WILL RLLDCTANTLY ASCU VIE COUNCIL TO FULLY WNE01 WERE APPROVED BY EQUITY COUNCIL MEMBERS WHICH WERE APPARENTLY WITIIDRAR IT'S FINANCIAL SUPPORT MR THIS ROAD, AND TO CONDUCT A UNMOTIVATED TO PROMOTE •CONCUMMCY' BETWEEN THEIR LAND USE AND WHPLETL RIEVALUATION OF IT'S LAND USE POLICIES WITH AN EYE TOWARD TN}MSTRUCTUAE PUNS. BLOCKING ALL OEVEIOPMEXT UST OF KENT'S BOUNDARIES,AWO TO EVALUATE VIE POSSIBILITY OF BRINGING A LAWSUIT AGAINST KING MOM FOR IT'S LET'S NOT FORGET THAT THIS ADMINISTRATION MD COUNCIL TOOK A O[LIBLMTt VIOLATION OF TNL CONNMLRCY PAOVISIOMf OF HE 23I3. PWITION I YUAS AGO M]TOP'COUNTi MASHING• AND START HELPING IN CONSTRUCTIVK NAYS TO BUILD TNE.IIOAO. f0 NB AGREED. lEE AGAEEO M - BUT THIS WOULD BE A VERY SAD TURN OF EVENTS MCI"WOULD SERVE PAY $S BILLION (NOW 31O MILLION) TO EI'RAIO,TEN GUT TIIE PROBLEMS IN NEITHER THE COUNTY NOR THE CITY. Vic COUNTY, CREATED BY COUNTY OTFICLAIS - IN FAIRNESS WC SHOULD - GIVE CREDIT TO THE COUNTY: FOR THEIR PART TREY MMIWED $500,000 INSTEAD OF THIS SCENARIO, IT IS NE HOPE"AT WL CAN CONVINCE TO THIS PROJECT. - . COUNTY O}lICUL9 THAT SHE PRINCIPAL OF PROMOTING CDNCJMLNtt BETWEEN LAND USE AND SERVICE PLANS 23 A GOOD THICK. MY MESSAGE TO LR'S NM FORGET THAT%LIT AGREED TO •TAXE THE IIEAT• TOR VIE COUNTY COUNCIL MEMBERS IS: OBVLIDPMSNT OT M119 CONTROVERSIAL ROAD, BY ASSUMING LEAD AGENCY O PLEASE SUPPORT THE PRINCIPALS OVILDILO IN NO I3I9. STATUS ON THE PAWECT. O PISJ.SC TAKE A STAND IH FAVOR OF REASONABLE GAOW^1 POLICIES. LET'S NOT TORGET THAT RE HAVE METICULOUSLY FOLLOWED EVERY a PLEASE DOH'T BE ADVOCATES FOR OVERCROWDED STREETS AND REDIIIREIICNT OT STATE UN IN 2MB PREPARATION OT THE KOPTE ALICHKENT bMLA OVERBURDENED SERVICE DELIVERY SYSTEMS. STUDY AND EIS TOR THIS PRWECT. a WE ARE WILLING TO HELP. WITH HONEY,TIME AND EFFORT...WE '• , ARE WILLING TO IIELP. AND LET'S NOT TORGET THAT AMR ALL OF THIS IIVISTMENE OF TIME, HONEY AND EFFORT TO MOVE THE PRWECI' MEAD, WE AGREED -- - o PLEASE WORK WITH US SO WE CAN BUILD A MORE LIVABLE SOLIM ALSEIT RELUCTANTLY --TO ARCTIC" 6 NORTH DELAY SO THAT THE OWNTY _ COUNTY pEGION TOGLStIEK. COULD CONDUCE ADDITIONAL STUDIES. FORDIVE NE FOR TAXING SO LONG ON THIS ISSUE, BUT IT HAS REM HOW WE ARE TGID THAT VIE COUNTY WANTS A NEW STUDY TO SEE IF WE - OUR 11 GOAL TOR MANY YEARS AND Mr ISSUE WILL=HE TO A NERD I4 STILL NEED THE ROAD. 1991. T S NIT,YOUR FZk4ISSIOH, ILT HE PROCEED WITH A REPORT ON SOME DT I TMAGIIIE ONE OF THE%BY QUKETIONS MUCH MUST BE ANSWERED IN OUR OTHER TOP GOALS. SUM A STUDY IS •WEE SRAFFTC CONGESTION EXIST ON CAST WEST ROADS TN SOUTH KING MUNTYT• OUR lI TOP PRIORITY MNTI4UtS TO BE VIE IMPROVEMENT AND ... UPGRADING OT THE ONE NEIGHbORKWO IN EVENT THAT WAS LAGGED SEIINO WELL AS FASCINATING AS MAY QUESTION MY Be' 1 M[VERitI[tESS, OTHERS IN GROWTH, PROSPERITY,AND ECONOMIC VITALITY DURING THE PAST M NOT THINS THAT IT IS ANY LONGER REASONABLE THAT WE SHOULD Bt YUASC HENT'S WMFTONN. E%PELTLO TO WAIT FOR VIE ANSWER. OUR P,OGRUS IN LHPPOVING OUR w,,M M MS BEE4 SIGNIFICANT XE HAS WAITED LORD ENOUGH.-IT'S TIME FOR US TO DEMAND THAT SIRS LAST YEAR. TNC %ENT CITY COUMCEG MAN ATTIUCTED OVER 31O THE COUNTY GOVERNMENT ACCEPT VIE AESMNSIBILITY THAT EVERY TOODUR MILLION NORTH OF PUBLIC AND PRIVATE IHYES- ENT INTO NENT'S LUM]M ONE OF HIS FIRST LESSONS FROM HIS PARENTS: 'CLEAN UP YOUR DOWNTGHN. OWN MESS.- IT IS, AFTER ALL, 2,0 OOMITY'S LAND USE MESS THAT WE O CONSTRUCTION BEGAN ON THE NEW 1I,300 SQUARE FOOT UBR HAVE 3E22i OFFERING TO CLEAN UP. BUT THE CGUSTY SEEKS UNWILLING TO ARY ON}IRST AVENUE AND SMITH STREET. IT IS GUM-TO BE OPENED THIS CLEAN IT UP THEMSELVES OR EVEN MET DIME" CLEAN IT UP FOR THEM. SUMMER. ALSO, o TIME PUBLIC PRIVATE PARTNLR311IP--TIME CENTENNIAL BUILDING-- IT'S TINE TOR US TO DEMAND THAT THL COUNTY CLUN UP IT'S UST OPENED ON NOVEMBER MYTH. THIS 13,000 SQUARE FOOT HILL LAND USE MESS, OR I"US CLEAN IT FOR THEM. WTLDING HOUSES THE DEPARTMCNTS OF PUBLIC WORKS, BUILDING AND PLANNING--WITH A NEW PLMIT CENTER MIXON PROVIDES A WE WILL NOT ACCEPT ADDITIONAL STUDIES TO ANSWER VIZ NUMBER OF IMPROVEMENTS TOR INDIVIDUALS SEEXING BUILDING PREPOSTEROUS QUESTION -IS VIE ROAD STILL NEIOEDY•. PERMITS. IN ADDITION, e THANKS TO THY EFFORTS Of OUR FINE PARKS 9ZRECICR, BARNEY ACCORDINGLY I M TODAY DIRECTING HEIR'S PUBLIC WORKS DIRECTOR WILSGN, WE ALSO HAVE 1 NEW PRAM IN DOWNTOMI KENT. THE WN WICK9TRON TO PROMPTLY COMFL=Z THE ROUTE ALIGHKMT STUDY ANO KEHT-%HLRS011 PUCE PARK AT 1110 AND GONE, A-10 INS IST ENVIRONMENTAL IMPACT STATEMENT ON THIS ROAD PRWECT AND SUBMIT IT AVENUE VALKWAY (YNIEI ZS IN AND Of ITSELF A SMALL PARK). TO THE COUNTY NIT,A MMSAGE THAT KENT'S POSITION IS THAT T.IERE APE NRTHERMORE, EQ MMIER STUDIES NELDtO BEFORE MOVING AHEAD WITH ROAD DESIGN. O AISO, WE PLACID SEVERAL TINE MUHALS IN THE WMKCMI AREA- LAND ACQUISITION. AND ACTUAL CONSTRUCTION. .THE"UY--BY DANNY PIERCE--AT 1ST AND GOWE,THE KHERSCH • CIYYSCAPt MURAL AT MIERSON PARK AMID THE NEW CARNATION IT VIE COUNTY CONTINUES IN THEIR EFFORTS TO OBSTRUCT ANO DELAY MURAL ON SHE CRE.VI£RY BUILDING WHICH INCIDENTAL= IS THE TIIE PRWMT, I WILL REWCYANTLY PAOFOSL TO THE COUNCIL THAT WE ORIGINAL SITE OF CARNATION'S SENT OPERATION. ALSO, ATTEMPT TO ANNEX VIE LAND IN THE VICINITY OF THE ROAD ELIMINATING o WE ItAVE CONTINUED VIE MANY FINE SUMMERTIME M`IMlI4II2 211E COUNTY'S JURISDICTION OVER VIE ISSUE. - ACIIVITILS WIIICII RAKE KLHT'f DO'+NTONN f:IOWN AS AN 'ACTIVITY PLACE-. EVENTS SUCH AS SATURDAY MARKET, (WHICH (IF WE ANNEX, THIS WILL HAVK A SIDE BENEFIT IN THAT WE WILL.BE ABLE LAST YEAR INCREASED ATTENDANCE BY 6211,CAHMMSURY TAZAE, TO UNIT GROWTH Alto DEVELOPMENT IN THE ANNEXED AREA.) B A BUILDING III Tl1E DOMN'NVN AREA. TO THESE BUSINESSMEN I TIC BALLOON CLASSIC, UST YEARS CENTENNIAL CELEBRATION, - SAT PLMSE COME AND TAMS W US. IF WE CAN HELP TO MAKE CORNUCOPIA DAYS AND WE KENT SUMMER CONCERT SERIES ON IT MORE FINANCIALLY APPEALING FOR YOU TO LOCATE YOUR WEDNESDAYS AND FRIDAYS MS BROUGHT HUNDREDS OF THOUSANDS STRUCTURE IN DOWNTOWN KENT. ML MILL TRY TO HELP. OF PEOPLE TO DOWNTOWN KENT CACTI SUMERI TIIESE EVENTS PROVIDE MO TIT RE AN JUST GOOD FUH,THEY ALSO➢ROVIDE A GOOD IN OTHER AREAS WE CONTINUE TO MAKt GREAT PROGRESS TOWARD IMPRESSION OF KENT FOR VISITORS, AND--LET'S HOPE--A ACHIEVING VARIOUS CITY GOALS. HEALTHY IMPACT ON BUSINESS IN MR DOWNTOWN AS WELL. JIM HARRIS AND THE PLANNING DEPARTMENT HAVE OUR ACHIEVEMENTS AT PROMOTING DOWNTOWN HAVE INDEED BEEN a GAINED COUIICIL APPROVAL OF AN ORDINANCE WHTGM GUARANTEES SIGNIFICANT'I BVT THERE I3 MORE THAT WE CAN DO TO ENHANCE THIS THAT HANDICAPPED CITIZENS CAN NO LONGER BE DISCRIMIIIATED NLTIM,AND IDENTITY CENTER OF OUR COMMUNITY.. _ AGAINST WHEN TIIEY BCCX HOUSING IN A 'GROUP HOME'. WHICH MY BE TIC ONLY "PC OF INDEPENDENT LIVING ARRANGEMENT O NEXT YEAR ME WILL BE CONSTRUCTING 92 UNITS OF HOUSING FOR POSSIBLE FOR THEY. TIME ELDERLY IN NEWT WITH FUNDS APPROVED BY VOTERS LAST a AMU XEMT PLANNERS HAVE MADE GOOD PROGRESS TOWARD BEAR. THE REQUEST FOR PROPOSALS TO DESIGN AND CONSTRUCT PROVIDING FOR SEVERE IILATYIFJI SHELTERS FOR THE HOMELESS. AND SITE THESE UNITS IRS BEEN RELEASED TO DEVELOPERS AND DON MICKSTAOM AND TIC PUBLIC WORKS DEPARTMENT PROPOSALS ARE WE IN R WEEKS. IT IS BY NO MEANS A - a COMPLETED PIIASC I OF MR WEST VALLEY HIGHWAY CERTAINTY, BUT IT IS POSSIBLE THAT THOSE UNITS COULD BE IMPROVEMENTS, SITED IN KENT'S DOWNTOWN. IF TIIC SENIOR HOUSING PROPOSAL o SECURED PRELIMINARY APPROVAL OF A$11,000,000 TIE GRANT SELECTION COMMITTEE DECIDES TO SITE THIS HOUSING Ill FOR VARIOUS ROAD PROJECTS DEAWTOHN, IT MOULD REPRESENT ANOTHER$T MILLION•SNOT-IN- O PROMOTED AMID SECURED THE CREATION OF A N£'A 'GREEN RIVER TIE-ARM• MR SENT'S DOWNTOWN. FLOOD CONTROL DISTRICT'TO ADMINISTER FUNDS FOR OPERATION AND MAINTENANCE OF TIE GREEN AIVEA LEVEL SYSTEM. R AUO, THE CITY COUNCIL UST YEAR APPROVED FUNOIIHG FOR AN OUR TIRE CHIEF AND HIS FINE DEPARTMENT .ADDITIONAL S MURALS W BE LOCATED IN KEMT'S DOWNTOWN. o COMPLETED AMID MOVCO INTO THE UST OF OUR A MAJOR NEM WERE POSSIBLE THESE WORKS OF ART WILL M SITED ON WAI FIRE/PUBLIC SAFETY STATIONS WHICH WILL PROVIDE US WITH A WHICH ARE UNSIGHTLY, OR WHICH COULD USE SOME COSMETIC .TREMENDOUS IMPROVEMENT TO OUR EN£AG[NCY SERVICE IMPAOVMEIT. CAPABILITIES. OUR POLICt STAFF B IN ADDITION, I HAVE ASKED THE PARKS DIRECTOR TO EXAMINE O EXPANDED OUR AITI-DRUG PROGRAM THROUGH WE USL Of'SEIZED THE FEASIBILITY AND CST OF COMPLETING TIME IMPROVEMENTS ASSETS FUNDING' TO TIIC NEW 1ST AVENUE WALKWAY PROJECT IN ORDER W BRING o WON A RTI PLACE NATIONAL AWARD FOR IT'S CRIME PREVENTION IT UP TO THE HIGH STANDARDS OF PARKS IN THE KENT PARXS 'NATIONAL MIGHT OUT' PROGRAM AND RECREATION SYSTEM. a AND READIED TIME JOINT TIRE POLICE TRASHING CENTER AND 11 9 INDOOR FIRING RAIIGE FOR USE AND OCCUPANCY. O FURTHERMORE, I HAVE ASKED CITY ATTORNEY ROGER WDOVICHI TO THE FINANCE DEPARTMENT SWOY TIIC POSSIBILITY OF ESTABLISHING A MUNICIPAL COURT o YWUTIGATED A DISCREPANCY IN THE STATE DEPARTMENT OF IN XEFF. IT IS MY UNDERSTANDING THAT SUCH IDEALLY RUN - REVENUE'S HANDLING OF CITY MILITY TAXES, A40 AS A RESULT COURT SYSTEMS CAN PAOVIOC SOME OPERATIONAL ADVANTAGES OF THAT ISIVESTIGATIOM, SECURED A $97S,000 UTILITY TAX OVER DISTRICT COURTS, AND THEY CAN BE RUN WITHOUT REFUND TO THE CITY. SUBSTAIITIAL INCREASES IN COSTS. IF THE CITY COUNCIL APPROVED A MUNICIPAL COURT PUN, I WOULD LIKE TO SEE IT AND OUR PERSONNEL DEPARTMENT LOCATED IN REST'S DOWNTOWN. THIS WOULD OBVIOUSLY CREATE M SUCCESSFULLY IMPLEMENTED A HIM HEALTH AND WELFARE PRCGMM SIGNIFICANT WNNTOWN REDMILOPMMT OPPORTUNITIES. FOR C!TT EMPLOYERS AND e ALSO THIS YEAR THE PUNNING DEPARTMENT WILL BE WORKING ON 0 SUCCESSFULLY NEGOTIATED LIBOR AGREEMENTS WITH 6 LIBOR THC IXPTMEHTATIDN OF TIIC RECOMMEIIOATIONS OF TIE UNIONS. COMMITTEE WHICH LAST YEAR STUDIED THE CREATION OF AN _ •CHT'ERPAIZE ZONE'IN KCNT'S DOWNIYIUN IN WHICH DEVELOPMENT IS SHORT, THIS CITY GOVERAM£:T IS DOING VERY, VERY WELL IN GOULD OCCUR WITH A MORE RELAXED SET OT REGULATIONS. CIE'AY SERVICE CATEGORY. PROPOSALS WHICH WILL EC CONSIDERED WILL INCLUDE ELIMINATING TIME MAXIMUM RESIDE'ITIAL DENSITY PROVISIONS IN MC ARE ACCOMPLISHING OUR GOALS AND ENMNCING SHE QUANTITY AND THE DOWNTOWN ZONE, AND SUBSTITUTING MIIIIMUM RESIDENTIAL QUALITY OF SERVICE WE ARE PROVIDING RESIDENTS OF KENT. AND THE DENSITY REQUIREMENTS WITH NO MAXIMUM!AND ELIMINATING THE FUTURE LOONS DRIGIHT TOO. WENT'S CCCHOMIC STRENGTH AND ENORMOUS PER MAXIMUM HEIGHT LIMITATION IN KENT'S DOWNTOWN ZCHEI AND CAPITA TAX BASE HAS MADE IT THE LIST LOCAL C:TY TO FEEL A PINCH SUBSTITUTING MINIMUM HEIGHT REQUIREMENTS WITH 210 MAXIMUM. FROM TIE RECESSION. I UH TELL YOU TODAY THAT AT WORST, SHE O IN ADDITION A HARD-WORKI4C CITIZEHS TASK FORCE HAS BEEN _ ECONOMIC DOWNTURN WILL MERELY SLOW THE RATE OF SERVICE EXPANSION SURVEYING TIME NEED FOR A NEW PEAFORMTIG ARTS CENTER III AND SERVICE IMPROVEMENT WHICH ME WILL GOTTEN£TO PROVIDE FOR CUR SENT. PONDS KIAVC BEEN MERT£D BY LOCAL BUSINESSES, CITY RESIDENTS. INTERESTED CITIZENS, AND THE CITY, TO DO A CULTURAL PUN AND PERFORMING ARTS CENTER FEASIBILITY STUDY. TIME S' DY I WILL LOOK FORWARD TO NCRXING WITH ALL OF YOU III THE COMING IS EXPECTED TO BE COMPLETED IN SHE SPRING OF 1991. GREEN YEAR AS WE WORK TO BUILD AN COCK BETTER, STRONGER, MORE LIVABLE RIVER COMMUITY COLLEGE MS BEER COOPERATING IN THIS KENT. •STUDY AND IS INTERESTED IN THE POSSIBILITY OF ENTERING -' INTO A JOINT VENTURE FOR THE CEVELOPMENT OF A FACILITY FOR PERFORMANCES, CULIVML ACTIVITIES, EWCATICNAL ACTIVITIES, AND CONFERENCES. AND BOTH THC CITY AND THE COLLECT,HAVE EXPRESSED AN INTEREST III LOCATING SUCH A FACILITY IN XCNT'S DOWNTOWN CENTRAL BUSINESS DISTRICT.. O FINALLY, I WANT TO RE-STATE MY GIGGING INVITATION TO DEVELOPERS WHO MIGHT NORMALLY NOT CONSIDER CCNSTRUCTING lI Kent City Council Meeting Date March 5, 1991 Category Consent Calendar 1. SUBJECT: KING COUNTY INTERLOCAL ANIMAL CONTROL SERVICES CONTRACT 2 . SUMMARY STATIIMENT'• new contract with King County Animal Control to be the enforcement agency within the City of Kent for animal control violations Code 9. 16. ,/kv-,j 3 . EXHIBITS: Contract 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO_Z_ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3C ✓ INTERLOCAL AGREEMENT FOR ANIMAL CONTROL SERVICES AN AGREEMENT, entered into this day of 1991, by which King County, Washington, hereinafter referred to as "County", agrees to operate an animal shelter and provide animal control services to the City of Kent, hereinafter referred to as "City", for the stated consideration and in accordance with the terms and conditions provided herein, and setting forth the rights and responsibilities of the City and County as they relate to each other. WHEREAS, the legislative authority of the County has assumed certain animal control responsibilities within the City of Kent's corporate limits all as set forth in Kent City Code Chapter 9.16; and WHEREAS, the County has certain animal control responsibilities within the unincorporated portions of King County pursuant to Title 11 of the King County Code; and WHEREAS, the City does not have sufficient staff or equipment to satisfactorily provide the services required; and WHEREAS, both the City and County have determined that the County can satisfactorily provide the services required by the terms of this Agreement; and WHEREAS, both the County and City find that certain economic benefit and coordination of effort would be derived by the initiation of a joint contract between the public entities, NOW, THEREFORE, pursuant to the Intergovernmental Cooperation Act, RCW 39.34, and for and in consideration of the mutual promises and agreements hereinafter contained, it is mutually promised, understood and agreed by the parties hereto as follows: Section 1. Shelter Operation. The County shall , during the terms of this Agreement, operate the animal shelter facilities located at 21605 64th Street, Kent, Washington 98032, on the County's and City's behalf and also provide animal control services as further described herein. Section 2. Term of Agreement. The County's obligation to perform shall commence on January 1, 1991, and terminate on December 31, 1993. Provided, however, should the parties fail to come to terms on a mutually acceptable contract upon the expiration of this Agreement, and upon mutual agreement of the parties, the County shall continue to provide the services described herein on a month-to-month basis pending execution of a new Agreement. Provided, however, that the County reserves the right upon 60 days notice to the City to increase all license, late penalty, impound, redemption and sheltering fees as contained in the City's animal control ordinance. Section 3. Animal Shelter Hours of Operation. The County shall , as a minimum requirement, keep the animal shelter facilities open to the public Monday through Friday, from 10:00 a.m. to 5:00 p.m. , and from 10:00 a.m. to 5:00 p.m. on Saturday. The animal shelter shall be closed to the public Sundays and on those regular holidays observed by the State of Washington. Section 4. Emergency Services. The County further agrees to make emergency calls to any area in the City of Kent on Saturday, Sunday, and holidays and from 5:00 p.m. in the evening until 9:00 a.m. in the morning of every weekday. Emergency calls shall be limited to the following: A. officer needs assistance (threatened or hurt) ; B. loose vicious or suspicious animals endangering the health or safety of the community (schools, playgrounds, parks) ; C. injured animals; D. loose horses/livestock on public roadways; E. sick stray animals or those in distress; F. humane investigation (immediate danger to the animal ) . - 2 - The above services shall also be provided during regular hours. The County further agrees to pick up small dead animals, wild or domestic, within a reasonable time after notification. The County shall give the best possible care and treatment to all creatures in its custody and control , by making certain they are comfortably housed and adequately fed. Section 5. Animal Control Services. The County shall act as the impounding authority for the City and shall faithfully and vigorously enforce the City's animal control ordinance (Kent City Code Chapter 9.16) and all applicable state laws by: A. receiving and acting upon referred telephone calls pertaining to animal control and related information on a 24-hour basis (refer to Section 4 herein) ; B. investigating and following up on animal control complaints brought forward by the public, health services, hospitals and other governmental agencies; C. enforcement of the City's animal control ordinance and all applicable State laws; D. receiving and caring for all dogs and cats brought to the shelter facility; E. providing humane disposal of unclaimed animals after holding these animals as provided in KCC §9.16.88, unless sickness or injury requires earlier disposal ; F. adequately providing for the disposal of carcasses of dead animals (also refer to Section 4 herein) ; and G. performing all of the functions necessary hereunder in compliance with all local ordinances and state and federal laws. Section 6. Enforcement of Animal Control Ordinance. During the life of this Agreement and any extensions therefrom, the City agrees to keep in effect an ordinance which contains provisions identical to the license, late penalty and impound/redemption/sheltering fee provisions in Title 11 of the King County Code. The County agrees to timely provide copies of any pertinent amendments to Title 11 to the City, in order to implement this provision. - 3 - The County shall have the power to determine eligibility for licenses issued under the terms of the City ordinance, subject to the conditions set forth in said ordinance and subject to the review power of the King County Board of Appeals. The City further delegates to the County the power to enforce the terms of the City ordinance on animal control , including the power to deny, suspend or revoke licenses issued thereunder, subject to the review power of the King County Board of Appeals. Nothing in this Agreement is intended to divest the City of authority to issue notices of violation and court citations for alleged violations of City ordinances. The authority to issue notices of violations and court citations may be exercised by either the County or the City. Section 7. Compensation and Method of Payment. The City shall compensate the County for the services described in this Agreement in the following manner: A. The County shall receive all fines and fees collected by the County pursuant to the licensing of dogs, cats, kennels, hobby kennels, pet shops, animal shelters and grooming parlors. B. The County shall receive all impound and redemption fees charged against animals. Section 8. Records. The County agrees that it will maintain a complete system of records which will show the kinds and numbers of creatures in its custody; the dates such creatures were either picked up by the County or delivered to the animal shelter; the locations where such creatures were found; the reasons for their being confined; and their final disposition during the term of this Agreement and for six (6) years after termination hereof. The County further agrees to make available all records concerning any given animal upon request to the animal 's owner. The City shall have the right at any time to audit the County's books pertaining to the subject matter of this Agreement. - 4 - Section 9. Modifications. The parties agree that this Agreement is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. The parties reserve the right to modify this Agreement, and any modification shall be in writing, signed by both parties, and affixed to the original Agreement. Section 10. Termination. This Agreement may be terminated without cause only after 90 days written notice received by one party given by the other. Failure to comply with any of the provisions stated herein shall constitute material breach of contract and cause for immediate termination upon notice received by one party given to the other. Any termination of this Agreement shall not terminate any obligation of either party incurred prior to such termination, nor shall it affect the validity of any license issued pursuant to the City ordinance. Section 11. Mutual Covenants. Both parties understand and agree that the County is acting hereunder as an independent contractor, with the intended following results: A. Control of personnel , standards of performance, discipline, and all other aspects of performance shall be governed entirely by the County; B. All persons rendering service hereunder shall be for all purposes employees of the County, although they may from time to time act as commissioned officers of the City; C. The contact person for the City regarding citizen complaints, service requests and general information on animal control services is the Chief of King County Animal Control . Section 12. Disputes. In the event of a dispute between the parties as to the extent of the service to be rendered hereunder, or the minimum level or manner of performances of such service, the determination of the Director of the King County Department of Executive Administration shall be final and conclusive in all respects between the parties hereto. - 5 - Section 13. Indemnification. A. The County shall indemnify and hold harmless the City and its officers, agents, and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any of them, in performing services pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense; provided, that the City retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or jointly against the City and the County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. B. The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whosoever, by reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them. In the event that any suit based upon such a claim, action, loss, or damage is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County retains the right to participate in said suit if any principle of governmental or public laws is involved; and if final judgment be rendered against the County, and its officers, agents, and employees, or any of them, or jointly against the County and the City and their respective officers, agents, and employees, or any of them, the City shall satisfy the same. C. In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, rules or regulations. If any cause, claim, suit, action - 6 - or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense, and if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and attorney's fees. Provided, however, that if any claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any City ordinance is at issue, and said ordinance is one which the City adopted as a condition of this Agreement as set forth in Section 8 herein, the County shall defend the same at its sole expense, and if judgment is entered or damages awarded against the City, the County or both, the County shall satisfy the same, including all chargeable costs and attorney's fees. Section 14. Insurance. As to the obligations and responsibilities assumed by or allocated to each party pursuant to this Agreement, said parties shall secure and maintain insurance as is customarily maintained by public bodies with respect to the operation and enforcement of the governmental services being the subject matter of this Agreement and the incidents thereto. Section 15. Non-Discrimination. The County certifies that it is an Equal Opportunity Employer and has developed and implemented an Affirmative Action Program in accordance with the guidelines in Revised Order 4 of the United States Department of Labor. Section 16. Venue. This Agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is mutually understood and agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action in law, suit or equity or judicial proceeding for the enforcement of this Agreement shall be instituted and maintained in King County Superior Court, Seattle, Washington. - 7 - Section 17. Filing of Agreement. A copy of this Agreement shall be filed with the Kent City Clerk, the King County Auditor and the Secretary of State, pursuant to the requirements of RCW 39.34.040. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first herein above written. KING COUNTY CITY OF KENT BY BY County Executive City Administrator ATTEST: Director Department of Executive Administration APPROVED AS TO FORM: Deputy Prosecuting Attorney City Attorney 6366L-31L - 8 - Kent City Council Meeting .� Date March 5. 1991 f /�1 Category Consent Calendar 1. SUBJECT: PLANNING COMMISSION ,*PPCTINTMEYr 2 . SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Edward Heineman, Jr. to the Kent Planning Commission replacing Colleen Miller, whose term has expired. 3 . EXHIBITS: Memo from Mayor 4. RECOMMENDED BY: Mayor Kelleher (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ None SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3 D✓ M E M O R A N D U M TO: JUDY WOODS, CITY COUNC L PRESIDENT CITY COUNCIL MEMBERS FROM: DAN KELLEHER, MAYOR DATE: FEBRUARY 20, 1991 SUBJECT: APPOINTMENT OF EDWARD HEINEMAN, JR. TO KENT PLANNING COMMISSION I have recently appointed Edward Heineman, Jr. to serve as a member of the Kent Planning Commission. He will replace Colleen Miller whose term has expired. Mr. Heineman was an employee of the Boeing Company for 31 years before his retirement. He has served on the City' s Assisted Housing Committee, the Senior Housing Advisory Committee and the Growth Management Committee. Mr. Heineman's appointment will become effective immediately and continue through 12/31/93 . I submit this for your confirmation. DK:jb i Kent City Council Meeting Date March 5. 1991 Category Consent Calendar 1. SUBJECT: LID 338 WESTVIEW TERRACE/McCANNS WESTVIEW SANITARY SEWER - RESOLUTION 2 . SUMMARY STATEMENT: Adoption of Resolution 0 7),setting April 2 as the date for a public hearing on the formation of LID 338. 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3E✓✓ CITY OF KENT, WASHINGTON RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, declaring its intention to order the improvement of sanitary sewers in Westview Terrace and McCann' s Westview along 96th and 98th Avenues South and along South 216th and 214th Streets and to create a local improvement district to assess the cost and expense of carrying out those improvements against the properties specially benefited thereby, and notifying all persons who desire to comment on or object to the improvements to appear and .present their comments or objections at a hearing before the City Council to be held on April 2, 1991 . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, as follows : Section 1 . It is the intention of the City Council of the City of Kent , Washington, to order the improvement of .the properties within the area described in Exhibit A, attached hereto and by this reference made a part hereof , by the improvement of sanitary sewers along 96th and 98th Avenues South and along South 216th and 214th Streets as described in Exhibit B, attached hereto and by this reference made a part hereof . All of the foregoing improvements shall be in accordance with the plans and specifications therefor prepared by the Director of Public Works of the City and may be modified by the City as long as that modification does not affect the purpose of the improvements . Section 2 . The total estimated cost and expense of the improvements is declared to be $322 , 853 and the entire cost and expense of the improvements shall be borne by and assessed against the property specially benefited by the improvements to be included in a local improvement district to be established embracing as nearly as practicable all the property specially benefited by the improvements , Actual assessments may vary from estimated assessments as long as they do not exceed a figure equal to the increased true and fair value the improvements add to the property. Section 3 . The City Clerk is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot , tract , parcel of land or other property within the proposed local improvement district by mailing such notice at least fifteen days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the tax rolls of the King County Assessor at the address shown thereon, as required by law. The City Clerk also is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot , tract , parcel of land or. other property outside of the proposed -local improvement district that is required by the Federal Housing Administration as a condition of loan qualification to be -2- connected to the proposed improvements , by mailing such notice at least fifteen days before the date fixed for ' the public hearing to the owner or reputed owner of the property as shown on the tax rolls of the King County Assessor at the address shown thereon, as required by law. This resolution also shall be published in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least fifteen days prior to the date fixed for the public hearing . Section 4. All persons who may desire to comment on or ob- ject to the improvements are notified to appear and present those comments or objections at a hearing before the City Council to be held in the Council Chambers in the City Hall in Kent, Washington, at 7 : 00 p.m. on April 21 1991 , which time and place are fixed for hearing all matters relating to the improvements and all comments thereon or objections thereto and for determining the method of payment for the improvements. All persons who may desire to com- ment thereon or object thereto should appear and present their comments or objections at that hearing. Any person who may desire to file a written protest with the City Council may do so within 30 days after the date of passage of the ordinance ordering the improvements in the event the local improvement district is formed . The written protest should be signed by the property owner and should include the legal description of the property for which the protest is filed and that protest should be delivered to the City Clerk . -3- Section 5 . The City' s Director of Public Works is directed to submit to the City Council on or prior to April 2 , 1991 , all data and information required by law to be submitted. Passed at a regular open public meeting by the City Council of the City of Kent, Washington, this 5th day of March, 1991 . Concurred in by the Mayor of the City of Kent this day Of March, 1991 . DAN KELLEHER, MAYOR ATTEST : MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: 10 FOSTER PEPPER & SHEFELMAN SpaAZ�al Counsel and \BzD)i Counsel KJB-470 -4- EXHIBIT 'A' LID BOUNDARY LEGAL DESCRIPTION LID 33S WESTVIEW TERRACE/MCCANN' S WESTVIEW 96TH AVE. S . ; 98TH AVE . S . S. 216TH ST. ; S. 214TH STREET 1. Lots 1 through 8 inclusive, McCann' s Westview, according to the plat recorded in Volume 73 of Plats, Pages 30 and 31, records of King County, WA. 2 . Lots 23 through 46, Lots 57 through 59 and Lots 61 through 70 inclusive, Westview Terrace No. 3 , according to the plat recorded in Volume 74 of Plats, Pages 19 and 20, Records of King County. 3 . Lots E, F and G inclusive, Westview Terrace No. 4 , according to the plat recorded in Volume 80 of Plats, Page 68 , records of King County, WA. EXHIBIT 'B' L.I .D. 338 WESTVIEW TERRACE/McCANN' S WESTVIEW SANITARY SEWER 96TH AVE. S. ; 98TH AVE. S . S. 216TH ST. ; S. 214TH STREET LEGAL DESCRIPTION See Exhibit "A" attached and made a part hereto. SANITARY SEWER IMPROVEMENT Description: Includes the installation of 8" sanitary sewers, 6" side sewers and related appurtenances. ON FROM TO 98th Avenue S. S. 216th St. 200 ' South of S. 213th P1 S. 216th St. 96th Ave. S. 98th Ave. S. 96th Ave. S. S . 216th St. 200 ' S .tr. of S . 213th St. S . 214th St. 96th Ave. S. East to end of cul-de-sac Easement 96th Ave. S. 150 ' West of 96th Ave. S. near S. 216th St. Easement West ,end of 130 feet south easement above I , MARIE JENSEN, City Clerk of the City of Kent , Washington, certify that the attached copy of Resolution No . is a true and correct copy of the original resolution adopted on the 5th day of March, 1991 , as that resolution appears on the Minute Book of the City. DATED this day of March, 1991 . MARIE JENSEN, City Clerk UB-47V Kent City Council Meeting Date March 5. 1991 Category Consent Calendar 1. SUBJECT: LIBRARY BOARD OF DIRECTORS APPOTNTMENT- 2 . SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Carlita Dreblow to Kent Library Board of Directors replacing Laurel Whitehurst who resigned. 3 . EXHIBITS: Memo from Mayor 4 . RECOMMENDED BY: Mayor Kelleher (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAUPERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ None SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3F✓ M E M O R A N D U M TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: DAN KELLEHER, MAYOR `1� DATE: FEBRUARY 26, 1991 SUBJECT: APPOINTMENT OF CARLITA DREBLOW TO LIBRARY BOARD OF DIRECTORS I have recently appointed Carlita Dreblow as a member of the Library Board of Directors. She will replace Laurel Whitehurst, who resigned. Ms. Dreblow taught music in Bellemont, California before her recent retirement. She graduated from Eastern Washington and received her Masters from Columbia. She is a member of Friends of the Library and is active at the Kent Senior Center. Her term will begin immediately and will continue through 4/95. I submit this for your confirmation. DK:jb n ` Kent City Council Meeting ` Date March 5. 1991 1 Category Consent Calendar v L 1. SUBJECT: WETLANDS EDUCATION GRANT 2 . SUMMARY STATEMENT: Authorize accepts -ef an $8, 000 grant from Washington State Department of Ecology with a $1,200 match from the City, as recommended by the Planning Committee. This $1,200 has no additional City funds required, as it is part of the existing 1991 Planning Department Budget. 3 . EXHIBITS: Memo, Planning Committee Minutes, Fiscal Analysis Sheet and IBC Reply Note 4 . RECOMMENDED BY: Planning Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $1.200 for already approved from 1991 Planning Department Budget SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3G✓ crry cFRenff CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 ZRAV-=M MEMORANDUM February 28, 1991 MEMO TO: JUDY WOODS, PRESIDENT, AND MEMBERS OF THE CITY COUNCIL FROM: LAURI ANDERSON, SENIOR PLANNER RE: WETLANDS EDUCATION GRANT Last spring the Planning Department completed Phase I of a wetlands inventory with partial funding from the Washington State Department of Ecology (Ecology) . Additional Ecology funding has been received and approved by the City Council and Mayor to complete Phase II of the inventory and develop a wetlands management plan by June 15 of this year. Last fall, the Planning Department applied for a supplemental wetlands grant to conduct a public education campaign during the development of the wetlands management plan. Unfortunately, we were the first project below Ecology' s cutoff line for funding. On January 28, Ecology notified us that they could, after all, provide $8000 matching (to a City share of $1200) for the wetlands education program (see attached memo) . The grant would allow for development and compilation of wetlands education materials, creation of a movable display board on Kent's wetlands (to be rotated through public facilities and Kent schools) , and a minimum of five public workshops to educate citizens and decisionmakers on key wetlands issues. As the Planning Department's matching funds would come from already appropriated monies in the 1991 Planning Department budget, no additional funds need be appropriated. A copy of the IBC Fiscal Note is attached. At their meeting on February 19, the Planning Committee recommended acceptance of the $8000 public education grant from Ecology. Full Council approval of the acceptance and authorization for the Mayor to sign this grant is requested. LA:mp:c:wetedrep FISCAL ANALYSIS SHEET Fund: General Department: Planning Cost: 1, 200 (Total project cost is $9, 200, less $8 , 000 grant available from State Department of Ecology. ) Proposal Title: Wetlands Education Program Proposal Description: In late 1990, the Planning Department applied for a $20, 000 Wetlands Grant from the State Department of Ecology for a Wetlands Education Program. This education program was to supplement an already approved grant to develop a wetlands management strategy. The response from the State Department of Ecology was that our grant application was the first one below their cutoff mark for funding. On January 29, 1991, the Department of Ecology notified us that they did, afterall, have $8000 in funds for the education project. Consequently, the Planning Department is asking to spend a $1, 200 in-kind match to be able to receive $8, 000 to educate the public by collecting and developing wetlands educational materials, create a movable wetlands display board, and hold public workshops. No additional general fund money is requested. The in-kind match would come from already appropriated City funds. Relationship to Target Issues and Operational Priorities The target issue the grant responds to is Top Priority 4 : Plan for Kent's Future. This target issue includes development plans for unique and fragile areas, and the Comprehensive Plan update. These council priorities are tied to the requirements of the 1990 Growth Management Act, which mandates development of regulations for "critical areas" (including wetlands) by September 1, 1991. This Wetlands Education Grant will educate the public by collecting and developing educational materials including a display board, and holding public workshops. Educated public input is vital to development of an acceptable wetlands management strategy for the community. Fiscal Impact• Wetlands Education Grant: $1, 200 from Kent (Local Match @ 15%) $8, 000 from DOE (State Share @ 85%) Options and Alternatives: A) If $1,200 is not spent towards the Wetlands Education Grant, we would not be eligible to receive the $8, 000 from the State Department of Ecology. MP:C:FISCALAL. 107 MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- "llbject: WETLANDS EDUCATION GRANT - FISCAL NOTE _ .eator: Tony MCCARTHY / KENT70/FN Dated: 02/15/91 at 0822 . THE PLANNING DEPARTMENT HAS RECEIVED NOTICE THAT THEY HAVE BEEN OFFERED A WETLANDS GRANT IN THE AMOUNT OF $8, 000 TO CONDUCT A PUBLIC EDUCATION CAMPAIGN DURING THE DEVELOPMENT OF THE WETLANDS MANAGEMENT PLAN. THE WETLANDS PROJECT HAS RECEIVED OTHER GRANT FUNDING AND HAS COUNCIL APPROVED CITY MATCHING FUNDS. PART OF THE EXISTING 1991 PLANNING DEPARTMENT BUDGET, $1, 200, WILL BE USED TO MATCH THIS NEW GRANT. WITH NO ADDITIONAL CITY FUNDS REQUIRED, THE IBC RECOMMENDS ACCEPTANCE OF THE $8, 000 GRANT. c rry cF Rieud _ CITY COUNCIL PLANNING COMMITTEE February 19 , 1991 4 : 45 PM Committee Members Present Planning Staff Leona Orr Lauri Anderson Christi Houser Jim Harris Margaret Porter Fred Satterstrom Other City Staff. Other Guests Carol Morris Tony McCarthy WETLANDS EDUCATION GRANT (Lauri Anderson) Senior Planner Lauri Anderson briefed the Committee on this item: Last year the City Council approved money to do matching funds for a grant from Washington State Department of Ecology (DOE) to do a Wetlands Management Plan, which is planned to be done this spring and will be completed by Julie 15th (the draft) , and then it would go into the Hearing process. Last fall, the Planning Department asked the DOE for more money to do a comprehensive public education campaign. The Planning Department wanted help in developing materials specifically about Kent and holding workshops for the public and others who are interested in the issue. The DOE then called and stated the Planning Department did not get the grant and we were number one below their cut-off line. At the end of January, the DOE called the Planning Department back and said they liked Kent, that we had a good proposal, and they couldn't fund us then but they will fund the Planning Department now. The DOE could not give the Planning Department as much money requested originally ($20, 000) but would give $8, 000, which would mean a $1,200 match from the City of Kent. A number of things would be done with this $8 , 000 such as a creation of a movable display on Kent' s wetlands and holding 5-7 workshops to educate citizens and the community on key wetlands issues. This item has been to IBC. With no additional City funds required, the IBC recommended acceptance of the $8, 000 grant with the $1, 200 as part of the existing 1991 Planning Department budget used to match this new grant. Ms. Anderson clarified this is money the Planning Department would have spent anyway through her salary, printing, and materials to get the word out that this management plan is happening. There is no additional money required because it is an in-kind match. 1 Planning Department City Council Planning Committee February 19 , 1991 Ms. Anderson asked the Planning Committee to endorse the acceptance of the grant with this to go to full Council on March 5, 1991. Councilmember Leona Orr made the MOTION and Councilmember Christi Houser SECONDED it. All were in favor. RESOLUTION PROHIBITING OUTSIDE SEWER & WATER CONNECTIONS (J. Harris) Councilmember Leona Orr first stated that the Resolution was presented at the Public ,Works Committee the morning of February 19 and unanimously approved it. Planning Director James P. Harris explained that this item has gone back and forth between the Public Works Committee and the Planning Committee as explained in the February 12 memo in your agenda packet. Mr. Harris commented that in the memo to the Committee he stated he supported this proposed resolution, but stated to the Committee that he supports this resolution with caution for the reason of bashing the County. Mr. Harris remarked that perhaps the County should be contacted ahead of time of what the City is planning to do. Mr. Harris still does not retract his approval but wanted to point out some cautions. Councilmember Leona Orr expressed that the Resolution would get to the whole entire issue and not just related to the 277th corridor or the County issuing too many permits. She said that it is not so much as we are bashing the County, but bashing ourselves by allowing things to happen in the County that couldn't happen without the City' s support and then complaining about it when the City has facilitated them. This resolution does not affect anything that is already in the works or anything that has been promised. It relates to something that hasn't come through yet or something that is brand new until those Growth Boundaries are identified. Once these boundaries are identified, this can be lifted or altered. Senior Planner Lauri Anderson commented on the Section 2 which as follows: "The moratorium imposed on these services by this Resolution shall continue until such time as the "urban growth areas" are designated by the County, and any appeals of the City therefrom are resolved, pursuant to RCW 36 .70A. 110. " Ms. Anderson stated that this would remain in effect until such time the County recommends the urban growth area. One of the proposals before the County Council is the interim urban growth boundary. She was wondering whether it should be clarified here because the interim urban growth boundary may happen very soon and suggested the Resolution say, "not including any interim boundaries" . Attorney Carol Morris states that the language here that we would keep the moratorium in effect until any appeals 2 Planning Department City Council Planning Committee February 19, 1991 are resolved. She thought if there were any interim growth boundaries designated that we would immediately appeal. Attorney Morris said this could be changed. It was also pointed out at the meeting that Page 2 was not the same Page 2 that was at the Public Works Committee on February 19 . Director Harris complained about this for the' record. If the Planning Committee has something officially before its Committee and the staff of another Committee knows that, this Committee should have what the other Committee has got. The changed Page 2 was retrieved by from the Law Department and distributed to all the Committee members. There was much discussion by the Committee members about the change. The change occurred in Section 1 adding the following words (highlighted and underlined) : Section 1. Effective immediately , the City of Kent shall not accept new applications from any property owner for the extensions of water and/or sewer service to any property located outside of the City's incorporated limits for the purpose of development platting short platting and/or rezoning thereof. Councilmember Christi Houser asked all who all was in favor say "I" of this Resolution and for a letter be sent to the County and all said unanimously "I" with no opposed. ADDED ITEM - HUNGRY BEAR (Christi Houser) Councilmember received a letter regarding the use of this business using sandwich boards on the sidewalk which is not allowed. ADDED ITEM - LEANING PUBLIC NOTICE BOARD (Leona Orr) Councilmember Orr mentioned there ' is a public notice board that is leaning towards the road on the west side of 116th, north of 240th Street. Fred Satterstrom indicated that it was probably related to a proposed plat recently approved by the City. ADJOURNMENT The meeting was adjourned at 5: 27 p.m. mp:c:pco219 .min 3 Kent City Council Meeting Date March 5. 1991 Category Consent Calendar 1. SUBJECT: GARRISON CREEK II FINAL PLAT NO. SU-90-1 2 . SUMMARY STATEMENT: Authoriz*I'March 19, 1991 for a public meeting to consider Garrison Creek II final plat map. The property is approximately 4 .6 acres in size and is located on the south side of S.W. 218th Street at 95th Place South. 3 . EXHIBITS: 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO x YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3 H✓ Kent City Council Meeting Date March 5. 1991 Category Consent Calendar 1. SUBJECT: LID 336 EAST VALLEY HIGHWAY IMPROVEMENTS - RESOLUTION 2 . SUMMARY STATEMENT: Adoption of Resolution 1 3 setting April 2 as the date for a public hearing on the formation of LID 336. 3 . EXHIBITS: Resolution 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISgWPERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3I✓61 CITY OF KENT, WASHINGTON RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, declaring its intention to order the widening and improvement of the East Valley Highway from South 192nd Street to South 180th Street and to create a local improvement district to assess a part of the cost and expense of carrying out those improvements against the properties specially benefited thereby, and notifying all persons who desire to comment on or object to the improvements to appear and present their` objections at a hearing - before the City Council to be held on April 2, 1991 . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, as follows : Section 1 . It is the intention of the City Council of the City of Kent, Washington, to order the improvement of the properties within the area described in Exhibit A, attached hereto and by this reference made a part hereof, by the widening and improvement of the East Valley Highway from South 192nd Street to South 180th Street as described in Exhibit B, attached hereto and by this reference made a part hereof . A11 of the foregoing improvements shall be in accordance with the plans and specifications therefor prepared by the Director of Public Works of the City and maybe modified by the City as long as that modification does not affect the purpose of the improvements . .1L1\1 13L •t u j L If l l C�l�/C1 tk.,IIC ICl111Our _ c.0 ui •,� •�.,�:., , . . u .. -•.� .•• �• �• - _. _ Section 2 , The total estimated cost and expense of the improvements is declared to be $3 , 530, 637 . Approximately $1 ,250,000 of that cost and expense shall be - paid from City funds and State grant proceeds and the balance thereof shall be borne by and assessed against the property specially benefited by the improvements to be included in a local improvement district to be established embracing as nearly as practicable all the property specially benefited by the improvements. Actual assessments may vary from estimated assessments as long as they do not exceed a figure equal to the increased true and fair value the improvements add to the property. Section 3 . The City Clerk is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot , tract, parcel of land or other property within the proposed local improvement district by ;nailing such notice at least fifteen days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the tax rolls of the King County Assessor at the address shown thereon, as required by law. This resolution also shall be published in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least fifteen days prior to the date fixed, for the public hearing- -2- U 1. l Section 4 . All persons who may desire to comment on or object to the improvements are notified to appear and present those comments or objections at a hearing before the City Council to be held in the Council Chambers in the City Hall in Kent, Washington, at 7 : 00 p.m. on April 2, 1991, which time and place are fixed for hearing all matters relating to the improvements and all comments thereon or objections thereto and for determining the method of payment for the improvements . All persons who may desire to comment thereon or object thereto should appear and present their comments or objections at that hearing. Any person who may desire to file a written protest with the City Council may do so within 30 days after the date of passage of the ordinance ordering the improvements in the event the local improvement district is formed . The written protest should be signed by the property owner and should include the legal description of the property for which the protest is filed and that protest should be delivered to the City Clerk , Section 5 . The City' s Director of Public Works is directed to submit to the City Council on or prior to April 2 , 1991 , all data and information required by law to be submitted . Passed at a regular open public meeting by the City Council of the City of Kent , Washington, this 5th day of March, 1991 . --3- Concurred in by the Mayor of the City of Kent this day of March, 1991 . DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: FOSTER PEPPER & SHEFELMAN Special Counsel and Bond Counsel SLH-751' -4- FXHMT.TA CM QE 1X_N'1 [_i D NQ-336 I SAT-DF,,4C_ dEn6N That portion of the West 1/2 of Section 31,Township 23 North, Range 5 East,W.M., and of the NW 1/4 of Section 6,Township 22 North, Range 5 FAS4 W.M,and of the S.E. 1/4 of Section 36,Township 23 ]`torch,Range 4 East, W.M., described as follows: BEGR4NING at the Southwest corner of the NW 1/4 of said Section 31; Thence Northerly along the West line thereof to its intersection with the North line of the South 310 feet of the said NW 1/4; Thence Easterly along said North line to its inietsecdon with the West line of the S.E. 1/4 of the said NW 1/4; Thence Northerly along said West line to its intersection with the South line of the North 247.80 feet of the said S.E. 1/4 of the NW 1/4; Thence Easterly along said South line to its intersection with the Westerly margin of the East Valley Highway as conveyed to the State of Washington by deed recorded under Auditor's File No.3960406; Thence Southeasterly, at right angles to said Westerly margin, to an intersection with the Easterly margin of the East Valley Highway as conveyed to King County by deed recorded under Auditor's File No. 1132967; Thence Southwesterly along said Easterly margin to a point which is 350 feet Southwesterly (as measured along said Easterly margin) of the South line of the North 50 feet of the said SE 1/4 of the NW 1/4; Thence Southeasterly, at tight angles to said Easterly margin, to an intersection with the North line of the South 1/2 of the said SE 1/4 of the NW 1/4; Thence Easterly along said North line to its intersection with the Westerly margin of SR 167 (Prim. State Hwy No. 5); Thence Southerly along said Westerly margin to its intersection with the North line of the South 1800 feet of the NW 1/4 of said Section 6; Thence Westerly along said North line to its intersection with the Easterly margin of a strip of land 25 feet in width condemned by the Commissioners of King County Drainage District No. 1, by decree entered in Xing County Superior Court Cause No.32912; Thence Northerly along said Easterly margin to its intersection with the South line of the SW 1/4 of said Section 31; Thence Westerly along said South line to its intersection with the centerline of a stream known as Spring Brook (also known as Big Slough); _ Thence Northwesterly along said centerline to its intersection with the following described Rue'A. (Litre 'A': Commencing at the Southwest corner of said Section 31; thence North along a line parallel with the centerline of a 20 foot pavement 76.26 feet to the Point of Beginning; thence East 25630 feet; thence North 4' 06' 00' East 140.23 feet to the centerline of a stream known as Spring Brook and the Terminus of said line 'A' description.) a%svaysr�to'trt�nat�ss A-1 otpi/st Thence South 4. 06' 00",West along said line'A'a distance of.140.23 fart; Thence West along Said line"A' a distance of 256,30 feet; Thence eontinuing West to an intersection with the East tine of Lot 1,of City of Kent (also knowu as Knudson dustrial thereof recorded and Short Plat No. SPC-8iIrecording No.84041 0794,Irecords OfaKing Co nty,according to Thence Northerly and Northwesterly along the Easterly line of said Lot 1 to the Southeast comer of Lot 2 said Short Plat No.SPC•84-1; Thence Westerly along the South line of said Lot 2 to its intersection with the East line of the West 305.47 feet thereof; Thence Northerly along said East line to its intersection with the South bank of said stream known as spring Brook; Thence Easterly along said South bank to its intersection with the West line of the East 255 feet of said Section 36; Thence Northerly along said West line to its intersection with the South line of the North 420.5 feet of the SE 1/4 of the SE 1/4 of said Section 36; Thence Westerly along said South line to its intersection with the West line of the East 300 feet of said Section 36; Thence Northerly along said West line to its intersection with the South line of the NE 1/4 of the SE 1/4 of said Section 36; Thence Westerly along said South line to its intersection with the Easterly margin of Springbrook County Road No. 37% '!hence Northerly along said Easterly margin to its intersection with the South line of the North 1/2 of the said NE 1/4 of the SE 1/4 of Section 36; Thence Easterly along said South line to its intersection with the West line of said Section 31; Thence Northerly along said West line to the Southwest corner of the NW 1/4 of said Section 31 and the POINT OF BEGINNING. e�suttvarli�Tftat trs A-2 rn/stryt ..IL 11 u1 •\ UD CII C?JJ I.l 1111 C l C 1111 U It .� ! ua laa 1u.l.0 . . . .. ..,.0 • r. . .._ ..—.r1 v -. 1 EXx1BIT s LID No. 336 project Description This road improvement project is a widening of the existing 2-lane East Valley Highway arterial to a 5-lane wide arterial roadway. The project will include 2 northbound lanes, 2 southbound lanes and a two-way left turn lane as a center lane. The road improvements include curb, gutter and sidewalks continuously along the length of the project . Hioswales and a new storm drain system also will be included, replacing the existing open ditches along the roadway, A street light illumination system will be installed. The project also will include the undergrounding of existing overhead power distribution lines and telephone lines . Street trees will be planted in planter areas behind the curb line. SLH-75 V/6 2 , MARIE JENSEN, City Clerk of the City of Kent, Washington, certify that the attached copy of Resolution No . is a true and correct copy of the original resolution adopted on the 5th day of March, 1991 , as that resolution appears on the Minute Book of the City. DATED this day of 1991 . MARIE JENSEN, City Clerk SLH-7S1" MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- -ubject: LID 336 EAST VALLEY HIGHWAY WIDENING - FISCAL NOTE ,eator: Tony MCCARTHY / KENT70/FN Dated: 02/21/91 at 1702 . THE PUBLIC WORKS DEPARTMENT IS REQUESTING THE ESTABLISHMENT OF A BUDGET FOR THE EAST VALLEY HIGHWAY WIDENING PROJECT. THE TOTAL PROJECT IS ESTIMATED TO BE $3 ,424,740, WITH $250, 000 IN CITY FUNDS BEING CONTRIBUTED TO MATCH A $900, 000 TIB GRANT. THE REMAINDER WILL COME FROM LID ASSESSMENTS. THE $250, 000 IS A 1991 APPROVED BUDGET ITEM IN THE STREET FUND. WITH ALL FUNDS CURRENTLY COMMITTED, THE IBC RECOMMENDS THE ESTABLISHMENT OF THE PROJECT BUDGET IN THE NORMAL COURSE OF FORMING THE LID. Kent City Council Meeting Date March 5. 1991 Category Consent Calendar 1. SUBJECT: LID 336 - EAST VALLEY HIGHWAY IMPROVEMENTS 2 . As-recommended to the Public_Works Committee, doption of Ordinance Ip13 authorizing condemnation for is-of-way required to proceed with construction LID 336) 3 . EXHIBITS• 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO__z__ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3J ✓✓ Kent City Council Meeting Date March 5. 1991 Category Consent Calendar 1. SUBJECT: FENCING OF KENT WATER SOURCES 2. S02 ARY STATEMENT.• As recommended by the Public_Wor Committee and IBSi, uthoriz� on to transfer $290,000 from the Wa er rating Fund to the fencing of Kent's water sources project, 3 . EXHIBITS: _ IBC note and excerpt from Public Works Committee minutes 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: ' Council Agenda Item No. 3K✓- MCCARTHY,TONY / KENT70/FN - HPDesk print. -------- ------------------------------- --ibject: FENCING OF KENT'S WATER SOURCES - FISCAL NOTE Bator: Tony MCCARTHY / KENT70/FN Dated: 02/14/91 at 1038 . THE PUBLIC WORKS DEPARTMENT IS REQUESTING THE CORRECTION OF A FINANCE DEPARTMENT OVERSIGHT TO TRANSFER $290, 000 FROM THE IMPOUNDMENT PROJECT TO THE FENCING OF KENT'S WATER SOURCE PROJECT. THIS PRIOR YEAR TRANSFER WAS IDENTIFIED IN THE 1990 - 1994 CAPITAL IMPROVEMENT PROGRAM BUT WAS NOT PICKED UP AS A YEAR END BUDGET ADJUSTMENT. ALTERNATELY THE FUNDS WERE TRANSFERRED BACK TO THE WATER OPERATING FUND FROM WHICH THEY CAME. SINCE COUNCIL HAS ALREADY APPROVED THIS PROJECT, THE IBC RECOMMENDS A 1991 TRANSFER OF $290, 000 FROM THE WATER OPERATING FUND TO THE FENCING OF KENT'S WATER SOURCES PROJECT. pUBLIC WORKS COMMITTEE FEBRUARY 19, 1991 Carol Morris PRESENT: Jim White Tony McCarthy Leona Orr Myrtle LeChance Steve Dowell Mr. and Mrs. Rust Don Wickstrom Lyle Price Tom Brubaker Gary Gill M rtle Lacha to the nce Claim Ms. Lachance ick trot explained thatatement er main was mconstructittee ed attached) . 20 years ago. The City paid for the by Metro approximately e of the equivalence of an 8-inpaid line for along s de the sewerlrst stubs for future properties and also p these stubs, we eliminated a major connections. By providing expense for future co ectioill s. MsckLaChance st claim but based Public WorkDepartmentated to bring the stubs up and by on the fact that we wern tobl:lgconnecting to the main a very doing so saved the properties probably recommend denial of the significant expense, we will claim. The City, s insurance adjustor will then take action in the on the most claim. White stated that at the stubsstub afor the other s actually homesn the middle of the street a the nd questioned who was responsible area were at the proper depth. He q for the stub being put in in the wrong location. TO rocessaand suggested the claim be allowed to go through the normal p then Ms. Lachance can choose to pursue the decision through nce that her Council. ehCit esplained to Ms-insurance adjustor awho will review ait and im lmake sent to th y her of same. If she wants she can then a determination and notify bring it back before the Committee. Water Source Fencing_ Wickstrom explained that the 1990er CIP reallocated fundsof Kent the 1988 authorized Impoundment Reservoir fund for and that the Springs, Clark Springs and Armstrong springs Impoundment Reservoir improvements were then rebudgeted for 1992g The funds were inadvertently transferred in oval tohe er transfer the fund. Wickstrom stated e�h he requestedFund into the Fencing project. The money from the Water operating approval. committee unanimously Kent City Council Meeting Date March 5. 1991 Category Consent Calendar 1. SUBJECT: SCENIC HILL ELEMENTARY SCHOOL MASTER METER 2 • ,SUMMARY T. T: As recommended by the Public Works r Committee uthorization for Scenic Hilt Elementary School to use eir existing three-inch water meter as a master meter to service an existing building plus classroom additionl 3 . EXHIBITS: Excerpt from Public Works Committee minutes, letter from Kent School District 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO__X__ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: - Council Agenda Item No. 3L ✓�/ Public Works Committee l February 19, 1991 Page 3 r Scenic Hill Elementary Water Service Wickstrom stated that Scenic Hill Elementary is adding another building. The City' s ordinance requires a separate meter for each building unless otherwise approved by City Council. Scenic Hill Elementary has requested to service both their buildings from one meter. Wickstrom stated the Public Works Department would support that request. The Committee unanimously recommended approval of the request. Street Utility Wickstrom stated he was requesting to hire an Engineer II, an Engineering Technician III and a part time Office Tech in order to begin the preliminary work for implementation of the street utility. IPC and IBC have reviewed the request but have not as yet made a determination. Dowell commented he was in favor of the street utility when it looked like the County would support the TBD. But without the TBD Dowell stated it looks as if the possibility of the corridors is somewhat limited. Wickstrom responded that the utility was proposed to complete the financing for the grants we already have. If the utility is not formed we can't put together the financing package and will lose the grants which total about $14 million. And the two portions of the 192nd/196th corridor included in this proposal are very important to Kent independent of the County. They relieve the .industrial area, S. 212th, etc. The funding for these two portions is in place with the formation of the street utility. Responding to Orr' s questions, Wickstrom indicated the street utility will provide about $4 million over a five year period. And with the sewer and water utilities absorbing the utility tax, the general fund will actually realize an increase in revenue due to the utilities paying the utility tax on their entire revenue base and not just their inside city customers. Currently the customers outside the City do not pay the utility tax. The Committee deferred any action until recommendations have been received from IPC and IBC. Van Doren' s Landing Phase I Request to Segregate LID Assessments Wickstrom explained this was a request to segregate the LID assessments associated with dedicated rights of way in the plat. The Committee unanimously recommended approval of the segregation. l DEPARTMENT OF PUBLIC WORKS February 14 , 1991 TO: Public Works Committee FROM: Don Wickstrom RE: Scenic Hill Elementary Water Service The Kent School District has requested permission to use the existing three inch water meter at Scenic Hill Elementary as a master meter to in order to service a classroom addition. This will allow them to serve both facilities on one meter and would eliminate the need to provide an additional water meter. Kent City Code requires that each separate building occupied as a dwelling or place of business must have a separate water service and water meter but gives Council authority to allow more than one building to be served by a single meter for commercial and industrial users. Xent School T-P�istrict 12033 SE 256 Street, Kent, Washington 98031 (206) 852-9550 CITY OF KENT FEB 12 1991 February 8, 1991 ENGINEERING DEPT, Mr. Don Wickstrom Director of Public Works CITY OF KENI' 220 - 4th Avenue So. Kent, WA 98032 Subject: Scenic Hill Elementary School WATER METERS Dear Mr. Wickstrom: This letter is a request to provide water service to a classroom addition (six classrooms) from the existing 3-inch water service. The addition will be constructed separate from the existing building. During review of the site drawings, it was commented that the City policy does not allow multiple buildings to be served from one meter. We are requesting an exception to this policy in that the school site will remain one service without any potential for separate water users. Also, the north access road is very crowded with utilities and construction of an additional water line will be difficult. The addition can be served off the existing 3-inch water service near the new construction,. Information that will be useful in considering the exception is: • Existing flow: 150 gpm • Additional flow for classroom addition: 81 gpm • Meter capacity: 300 gpm Your prompt consideration of this request will be appreciated. Sincerely, 1 VAWd Walter R. Seifri d Jr.11/ 1JE, Supervi'r Facilities and dmsY tion CHD:kmm `�lltlkllA7� / Kent City Council Meeting N Date March 5 . 1991 Category Consent Calendar 1. SUBJECT: SR 516 AND SR 167 SIGNAL MODIFICATIONS c 2 . SUMMARY STATEMENT: Accept as complete�the contract with Signal Electric for construction of the SR 516 and SR 167 signal modifications and release of retainage after receipt of State releases. 3 . EXHIBITS: Memorandum from Public Works Director 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: - Council Agenda Item No. 3 M✓✓ DEPARTMENT OF PUBLIC WORKS February 27, 1991 TO: Mayor Kelleher and City Council FROM: Don Wickstrom ��) RE: SR 516 and SR 167 Signal Modifications Signal Electric was awarded the contract for the signal modifications at SR 516 and SR 167 on August 16, 1990 for the bid amount of $66, 472 . The project consisted of installing three new signal cabinets and controllers compatible with the City's Master Signal Computer and interconnecting these into the City' s system. Total construction costs are $66,772 . It is recommended this project be accepted as complete and the retainage released after receipt of the required State releases. Kent City Council Meeting Date March 5, 1991 Category Consent Calendar 1. SUBJECT: LID 335 - 77TH AVENUE STREET IMPROVEMENTS - ORDINANCE - --------------------- ---._� 2 . Y STA ANT: As recommended to the Public Works Committee option of Ordinance authorizing condemnation � s-of-way required to proceea with construction of LID 335. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X _ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3 N✓V DRAFT February 20, 1991 Mr. Milan Moss Sawdust Supply 15 S. Spokane St. Seattle, WA 98134 RE: LID 335 Drainage Ditch, Etc. Parcel No. 124123 Dear Mr. Moss: I am an assistant City Attorney representing the City of Kent ("City") . Enclosed please find a copy of a draft ordinance that, when passed, will authorize the City to commence condemnation litigation in the King County Superior Court in order to obtain an easement for street purposes over a portion of your property on 77th Avenue South. My understanding is that Mr. Timothy J. LaPorte, a City engineering supervisor, has explained the City' s reasons for requiring this easement over your property. The City, just like anyone else, must do its best to perform the difficult task of conforming to an ever- changing regulatory framework. In your case, new regulations from the Washington State Department of Fisheries now require that the City maintain a drainage "swale" along 77th Avenue South. The swale is intended to improve the control of pollutants caused by the road and its traffic. Additionally, the City also requires the construction of a "curb return" on a small portion of your property at the intersection of 77th Avenue South and South 202nd Street in order to increase the turning radius at that corner. It has been, and continues to be, the City' s position that it should do everything possible to accommodate your needs and compensate you for this property loss. To that end, the City has reduced the width of the original easement from 25 to 20 feet. Additionally, the City has hired an independent appraiser to ascertain the reasonable value of your property as encumbered by this easement. We have offered to compensate you in accordance with this independent appraisal, and our offer remains open for your consideration. If, however, we cannot agree on a reasonable value for the cost of this easement, we shall commence a lawsuit to condemn your property. The court, just like the City, will undertake to make a reasonable valuation for your -property loss. In the event of a lawsuit, you will have to defend your position on this condemnation action and will very likely incur legal costs and attorney' s fees that will only serve to reduce the final amount of your compensation. It is our sincere desire that you and the City can reach a final resolution of this issue without having to spend the time and bear the expense of a condemnation lawsuit. If you have any questions, please feel free to contact me or Mr. LaPorte. Yours very truly, Thomas C. Brubaker Assistant City Attorney DRAFT ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, providing for the acquisition of an easement for street purposes over certain properties in order to improve, alter and widen 77th Avenue South; providing for the payment thereof as a cost of the City's Local Improvement District No. 335 ; and providing for the condemnation of such property rights as necessary therfor; all of said properties located within the South one-half of Section 11 Township 22 North, Range 4 East, W.M. in King County, Washington. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City of Kent ("City") authorizes the acquisition by condemnation of the following described real property located in King County, Washington, together with all rights, privileges and other property pertaining thereto (hereinafter, the "Property") : (Parcel No. 124123) Lot 11 and the east 75. 8 feet of Lot 12 , O'Brien Station Garden Tracts Number 2 , according to the plat thereof recorded in Volume 15 of Plats, page 66, in King County, Washington. Section 2 . The public convenience, use and necessity demand that the City condemn, appropriate, take and damage the Property for street purposes, which purposes shall include all acts necessary to complete the improvement, alteration and widening of 77th Avenue South as designated in the City's Local Improvement District No. 335, including improvements for drainage, curbs and gutters, sidewalks, landscaping, illumination, signal improvements, electrical facilities, utility adjustments and relocations and any other street or municipal purposes that may become necessary from time to time on the Property. Section 3 . The City shall condemn the Property only . . after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. Section 4 . The City shall pay for the entire cost of the acquisition by condemnation provided for in this Ordinance through the city's Local Improvement District No. 335, or from any of the City's general funds, if necessary, as may be provided by law. Section 5 . The City authorizes and directs the City Attorney to commence those proceedings provided by law that are necessary to condemn the Property. In conducting the condemnation proceedings, the City authorizes the City Attorney to enter into stipulations in order to minimize damages, which stipulations may include, but not be limited to, size and dimensions of the Property condemned, construction easements and other property interests. Section 6. Any acts consistent with the authority and prior to the effective date of this Ordinance and ratified and confirmed. 2 - i I I Section 7 . This Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. I I! I f DAN KELLEHER, MAYOR i I ATTEST: I MARIE JENSEN, CITY CLERK I I APPROVED AS TO FORM: I I� II ROGER A. LUBOVICH, CITY ATTORNEY I .I I' +i PASSED the day of 1991. i I APPROVED the day of 1991. I PUBLISHED the day of 1991. II , ji 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 herein indicated. I it I� (SEAL) �I MARIE JENSEN, CITY CLERK 9280-330 I - 3 - j I �i � Kent City Council Meeting Date March 5, 1991 Category Consent Calendar 1. SUBJECT: 104TH AVENUE S.E. AND S.E. 256TH STREET IMPROVEMENTS 2 . S NT. As recommended to the Public Works Committee, option of Ordinance � aut�iori izng condemnation s-of-way required to proceed with construction of intersection improvements at 104th Avenue S.E. and S.E. 256th. 1 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3 O✓✓ DRAFT ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, providing for the acquisition of an easement for street purposes over certain properties in order to improve, alter and widen the intersection of 104th Avenue Southeast and Southeast 256th Street; providing for the payment thereof out of any of the City's Capital Improvement Funds; and providing for the condemnation of such property rights as necessary therefor; said properties located within Sections 20 and 29 , Township 22 North, Range 5 East, W.M. , in King County, Washington. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City of Kent ("City") authorizes the acquisition by condemnation of three parcels of real property, Parcel Nos. 101487, 118241, and 119582 , together with all rights, privileges and other property pertaining thereto, all located in King County, Washington and legally described in Exhibits A through C, which are attached hereto and incorporated herein by this reference (hereinafter, the "Properties") . Section 2 . The public convenience, use and necessity demand that the City condemn, appropriate, take and damage the Properties for street purposes, which purposes shall include all acts necessary to complete the improvement, alteration and widening of the intersection of 104th Avenue Southeast and Southeast 256th Street, including improvements for drainage, curbs and gutters, sidewalks, landscaping, illumination, signal improvements, electrical facilities, utility adjustments and relocations, and any other street or municipal purposes that may become necessary from time to time on the Properties. Section 3 . The City shall condemn the Properties only after just compensation has first been made or paid into court for the owner. or owners in the manner prescribed by law. Section 4 . The City shall pay for the entire cost of the acquisition by condemnation provided for in this Ordinance from the City's Capital Improvement Funds or, if necessary, any of the City's general funds, as may be provided by law. Section 5 . The City authorizes and directs the City Attorney to commence those proceedings provided by law that are necessary to condemn the Properties . In conducting the condemnation proceedings, the City authorizes the City Attorney enter into stipulations in order to minimize damages, which stipulations may include, but not be limited to, size and dimensions of the Properties, construction easements and other property interests. Section 6 . Any acts consistent with the authority and prior to the effective date of this Ordinance and ratified and confirmed. Section 7 . This Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. DAN KELLEHER, MAYOR 2 - EXHIBIT A TO CITY OF RENT ORDINANCE NO. ------------ (Parcel No. 101487) That portion of the west half of the southeast quarter of the southwest quarter of Section 20, Township 22 North, Range 5 East, W.M. , in King County, Washington, described as follows: Beginning at the brass cap monument marking the southwest corner of said subdivision; thence south 88 * 3810011 east along the southerly line of said subdivision 220. 03 feet; thence north 2 * 1413911 east parallel to the westerly line of said subdivision 30 feet to the northerly margin of Southeast 256th Street and the TRUE POINT OF BEGINNING: thence continuing north 2 * 1413911 east 180. 02 feet; thence north 88* 3810011 west 170. 02 feet to the easterly margin of 104th ' Avenue Southeast, as established by deeds to King County recorded under Recording Numbers 5321324 and 5321325; thence north 2 * 1413911 east along said margin 393 . 23 feet; thence south 88 *1713211 east 445. 02 feet; thence south 2014139/1 west 570. 60 feet to the northerly margin of Southeast 256th Street; thence north 88038100/1 west 275. 03 feet to the TRUE POINT OF BEGINNING; EXCEPT the south 10 feet thereof conveyed to the City of Kent for street, utility, drainage and municipal purposes by Deeds recorded under Recording Numbers 7910160761, 7910160762 , and 8903170100; AND EXCEPT that portion thereof described as follows: Commencing at the southwest corner of said southeast quarter of the southwest quarter of said Section 20; thence north 02014 / 39/1 east 391 feet; thence north 88*3810011 east 50 feet to the TRUE POINT OF BEGINNING; thence continuing north 02014139/1 east 100 feet; thence south 8803810011 east 190. 31 feet; thence south 02 *1413911 west 100 feet; thence north 88038100/1 west 190. 31 feet to the TRUE POINT OF BEGINNING. EXHIBIT B TO CITY OF RENT ORDINANCE NO: (Parcel No. 118241) The north 215 feet of the west 260 feet of the northeast quarter of the , northwest quarter of the northwest quarter of Section 29, Township 22 North, Range 5 East, W.M. , in King County, Washington; EXCEPT those portions thereof conveyed to the state of Washington and the City of Kent for road purposes by deeds recorded under Recording Numbers 2282911, 2739765, 4298129 , 7211290093 , 7211290094, 7708170759 , and 8110270054 . EXHIBIT C TO CITY OF RENT ORDINANCE NO. (Parcel No. 119582) That portion of the southeast quarter of the southwest quarter of the southwest quarter of Section 20, Township 22 North, Range 5 East, W.M. , in King County, Washington, described as follows: Beginning at the intersection of the northerly margin of the Kent- Black Diamond Road (Secondary State Highway No. 5A) with the westerly margin of the Kent-Renton Road (Secondary State Highway No. 5C) which point is 30 feet north and .30 feet west of the southeast corner of said subdivision; thence northerly along the westerly margin of said Kent-Renton Road, a distance of 120 feet; thence westerly parallel to the northerly margin of said Kent-Black Diamond Road, a distance of 120 feet; thence southerly parallel to said Kent-Renton Road a distance of 120 feet to an intersection with the northerly margin of the Kent- Black Diamond Road; thence easterly along the said northerly margin to the POINT OF BEGINNING; EXCEPT for that portion taken by the City of Kent, a municipal corporation, acquired by right of condemnation for improving and widening Southeast 256th Street, pursuant to that certain Amended Stipulated Judgment and Decree of Appropriation as to Parcel 7 , Cause Number 758953 in the Superior Court of King County, Washington, dated in open court April 25 , 1973 . Kent City Council Meeting Date March 5. 1991 Category Consent Calendar 1. SUBJECT: SOUTH 228TH STREET IMPROVEMENT 2 . Y ST4 As recommended to the Public Work Committee, option of Orcinance ' authorizing condemna ion ig -s-of-way required to proceed with construction of street improvements on South 228th Street. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X _ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3P✓✓ DRAFT ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, providing for the acquisition of an easement for street purposes over certain properties in order to improve, alter and widen the north side of South 228th Street; providing for the payment thereof out of the City's capital improvement funds; and providing for the condemnation of such property rights as necessary therefor; all of said properties located within the southwest quarter of the northeast quarter of Section 14 , Township 22 North, Range 4 East, W.M. , in King County, Washington. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City of Kent ("City") authorizes the acquisition by condemnation of the following described real property located in King County, Washington, together with all rights, privileges and other property pertaining thereto (hereinafter, the "Property") : That portion of the southwest quarter of the northeast quarter of Section 14 , Township 22. North, Range 4 East, W.M. , in King County, Washington, more particularly described as follows: Commencing at the northwest corner of said southwest quarter of the northeast quarter; thence running east 809 feet to the TRUE POINT OF BEGINNING: thence east 94 feet; thence south 246 feet to the north line of the county road; thence southwesterly 109 feet along the north line of said county road; thence north to the TRUE POINT OF BEGINNING. Section 2 . The public convenience, use and necessity demand that the City condemn, appropriate, take and damage the Property for street purposes, which purposes shall include all acts necessary to complete the improvement, alteration and . widening of the north side of South 228th St, including improvements for drainage, curbs and gutters, sidewalks, landscaping, illumination, signal improvements, electrical facilities and utility adjustments and relocations, and any other street or municipal purposes that may become necessary from time to time on the Property. Section 3 . The City shall condemn the Property only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. Section 4 . The City shall pay for the entire cost of the acquisition by condemnation provided for in this Ordinance from the city's Capital Improvement Fund, or, if necessary, any of the city's general funds, as may be provided by law. Section 5. The City authorizes and directs the City Attorney to commence those proceedings provided by law that are necessary to condemn the Property. In conducting the condemnation proceedings, the City authorizes the City Attorney to enter into stipulations in order to minimize damages, which stipulations may 2 - include, but not be limited to, size and dimensions of the Property condemned, construction easements and other property interests. Section 6. Any acts consistent with the authority and prior to the effective date of this Ordinance and ratified and confirmed. Section 7 . This Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of , 1991. APPROVED the day of , 1991. PUBLISHED the day of , 1991. 3 - Kent City Council Meeting Date March 5. 1991 Category Other Business 1. SUBJECT: WALNUT RIDGE PRELIMINARY SUBDIVISION NO. SU-90-5 2 . SUMMARY STATEMENT: This meeting will consider the Hearing Examiner's recommendation of conditional approval of an application by Douglas W. Graef and William Curran, Sr. for a 12-lot single family residential preliminary subdivision. The property is located south and west of 9631 So. 242nd Street, Kent, Washington. 3 . EXHIBITS: Staff memo, Hearing Examiner minutes, findings and recommendations 4 . RECOMMENDED BY: Hearing Examiner, 1/16/91 (Committee, Staff; Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERS,ONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: ,Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ 1 N/A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember ;L ' moveJ, Councilmember second J to ce t/ the findings of the Hearing Examiner;—to a Hearing Examiner's recommendation of approval with 17 conditions of the Walnut Ridge No. SU-90-5 12-lot single family residential preliminary subdivision. DISCUSSION: ACTION• -- Council Agenda Item No. 4A✓ crry of R eat CITY OF KENT _ PLANNING DEPARTMENT (206) 859-3390 it MEMORANDUM February 26, 1991 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: WALNUT RIDGE #SU-90-5 On January 16, 1991 the Kent Hearing Examiner held a public hearing to consider a request by Douglas W. Graef and William Curran Sr. for a 12-lot single family residential preliminary subdivision. The property is approximately 3 . 19 acres in size, and is located south and west of 9631 S. 242nd Street, Kent, Washington. On January 30, 1991 the Hearing Examiner recommended approval of this preliminary subdivision with the following conditions: A. PRIOR TO OR IN CONJUNCTION WITH RECORDATION OF FINAL PLAT: 1. The final plat mylar or linen shall show a dedication of property as common open space for the subdivision. The open space shall consist of a space which is 3 percent of the total size of the subdivision. The location should be located on Lot #11 9 or 12 because of the significant vegetation found on the lots. The exact boundary of the dedication shall be determined by the Planning Director upon submittal of an accurate tree plan for the site. 2 . The final plat mylar or linen shall bear a notation which states that development on all lots shall comply with City of Kent solar setback regulations. 3 . The final plat mylar or linen shall bear a notation which states that an accurate tree plan shall be required prior to the issuance of any development permits for the lots. Further, an accurate tree plan identifying all trees with a caliper of six-inches or greater shall be submitted to the Planning Department for approval prior to issuance of any grading permits for road or other work associated with the subdivision. 4 . Comply with all applicable SEPA conditions. 5 . Dedicate the north 30 feet of the subject property as public right-of-way for South 242nd Street as well as the necessary property for the construction of internal streets as described in A. 6. Walnut Ridge #SU-90-5 February 26, 1991 Page 2 6, Provide detailed engineering drawings, obtain City either bond for or construct the approval thereof, and following: a. Sanitary Sewer: Provide gravity sanitary sewro serviceprovide for future to all oservice t Extend adjacent properties. b, Water: Extend city water to provide adequate domestic and fire flows to service all to s. futureut to allow with d stub o south 243rd Street toe loop nwater water mat i system. minimum of 50 feet of right of way with a C. Provide a min rightimumway radius for the cul-de-sac turn 50 foot around for .all internal streets• imu at5 f all right-of-way radius is required intersections. fully d. The interior cul-de-sac shall -s avement street shall sfe t inewidth) , improved with asphalt pavement a system, street curb and gutter , sidewalks, g signs, underground utilities and lighting, street Minimum curb return radii related appurtenances. cul-de-sac and 25 feet for shall be 45 feet for the all other intersections. e, Improve South 242nd Street from 6 Aven 1 t #lue uto to the east property line of proposed provide a half street asphalt paved roadway of 16 feet (south half) with curb and gutter, sidewalks, street lighting, drainage system, underground Further, the utilities and related appurtenances. north half shall reconstructedroadway lane meeting minimum 12 foot asphalt paved minimum city standards. Reconstruct South ro4osed 1 t e#1 to 98th east property line of p P South to 24 feet in width centered on the right-of- way centerline of southn halt stem and Street five 1 foot th wide pavement, drainage sY red on the right of way asphalt shoulder cente centerline of 242nd Street. Walnut Ridge #SU-90-5 February 26, 1991 Page 3 f. The storm drainage outfall and biofiltration swale discharges onto adjacent property which is presently being subdivided and named Walnut Grove. The owner/developer of the plat shall construct the necessary off-site storm systems to convey runoff from the subject site and shall provide to the City all necessary easements for conveyance, construction, access, and maintenance of the bioswale and storm line. 7 . Revise site plan to reflect the following changes: a. Rename 96th Avenue South to 96th Place South b. Rename South 243rd Street to South 242nd Court 8 . Clearing and grading of the site shall not begin until these activities are completed for the Walnut Grove subdivision. This condition is intended to lessen the noise impacts of heavy equipment on the surrounding residences that might otherwise result from concurrent activities on the Walnut Ridge site. B. PRIOR TO OR IN CONJUNCTION WITH THE ISSUANCE OF A DEVELOPMENT PERMIT ON ANY LOT: 1. Complete the construction of all improvements, required as SEPA conditions and plat conditions. 2 . Comply with City standards for all street identification signs and shall obtain approval from the City prior to installation. 3 . A sight-screening fence shall be constructed along the southern property line to help mitigate the impacts of site development on adjacent residential uses. JPH:mp:c: su905 Hearing Examiner Recommendation Walnut Ridge #SU-90-5 and the- smallest lot size proposed is 7,200 square feet. The City-wide and East Hill Comprehensive Plans designate the site as. SF, Single Family. These plans also encourage the preservation of open space in residential areas. 3 . Zoning and land use' surrounding the site is exclusively single- family residential. The property to the west of the site is currently being sub-divided into 22 residential lots. The lay out of this subdivision, known as Walnut Grove, is expected to be completed (according to the applicant) in 75 days. 4 . The site is covered with trees and vegetation including some large deciduous and evergreen trees and shrubs. These mature trees and shrubs are most heavily concentrated on proposed lots 1, 81 9 and 12 . 5. The site has access to S. 242nd Street which is classified as a local arterial. The street has a public right-of-way of 30 feet with actual paving of 28 feet. The average daily traffic count on the street is less than 1, 000 vehicles per day. 6. Development of the site would mean an additional 35 persons would require City services. Water and sewer systems are available to serve the site and the anticipated needs of the residents. 7. A mitigated Determination of Nonsignificance under SEPA was issued for this proposal on October 12 , 1990. The DNS includes conditions related to control of erosion, sedimentation and dust during grading and construction; control of drainage from each lot, as developed, to ensure no net runoff to adjacent properties; preservation of trees and replacement of those trees damaged during construction; implementation of storm water drainage improvements to prevent flooding, sedimentation and erosion; provision of on-site detention of storm water and biofiltration prior to discharge into the City system; and road improvements to mitigate traffic impacts caused by the proposed development. The DNS was not appealed. 8 . The City Planning Department recommends approval of the application with conditions specified in the written report to the Examiner. Exhibit A. A representative of the applicant testified at the hearing that all conditions recommended by the City Planning Department will be complied with. Members of the public presented concerns at the public hearing regarding tree preservation, impacts of construction activity if Walnut Grove is developed at the same time as Walnut Ridge, the need for a 2 Hearing Examiner Recommendation Walnut Ridge #SU-90-5 barrier on the south side of the proposed development to shield adjacent residential uses and the use of 243rd South which is a private road. No one testified in opposition to the proposed development. Conclusions 1. The purpose of the subdivision regulations, which includes the requirement for preliminary plat approval, is to: provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, insuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be insured; that proper provisions for all public facilities . . . shall be made; that maximum advantage of site characteristics shall be taken into consideration; that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan shall be insured. Section 12 . 04 .262 of the Kent Subdivision Code sets forth the particular requirements for an application for preliminary plat approval. That section details nine specific requirements that must be met before a preliminary plat can be recommended for approval. Based on the Findings detailed above, and with the conditions recommended in the Decision below, the application will conform to the standards set forth in City ordinances and should be APPROVED. 2 . In addition to the conditions recommended by the City Planning Department and agreed to by the applicant, conditions to protect the surrounding neighborhood from some of the impacts of the development are desirable. These conditions should include a requirement to phase construction with the Walnut Grove subdivision to lessen construction impacts and a requirement to construct a fence along the south property line of the site to mitigate impacts on the adjacent residences. 3 Hearing Examiner Recommendation Walnut Ridge #SU-90-5 Decision It is recommended that the application for approval of the preliminary plat be APPROVED subject' to the following conditions: A. PRIOR TO OR IN CONJUNCTION WITH RECORDATION OF FINAL PLAT: 1. The final plat mylar or linen shall show a dedication of property as common open space for the subdivision. The open space shall consist of a space which is 3 percent of the total size of the subdivision. The location should be located on Lot #1, 9 or 12 because of the significant vegetation found on the lots. The exact boundary of the dedication shall be determined by the Planning Director upon submittal of an accurate tree plan for the site. 2 . The final plat mylar or linen shall bear a notation which states that development on all lots shall comply with City of Kent solar setback regulations. 3 . The final plat mylar or linen shall bear a notation which states that an accurate tree plan shall be required prior to the issuance of any development permits for the lots. Further, an accurate tree plan identifying all trees with a caliper of six-inches or greater shall be submitted to the Planning Department for approval prior to issuance of any grading permits for road or other work associated with the subdivision. 4 . Comply with all applicable SEPA conditions. 5. Dedicate the north 30 feet of the subject property as public right-of-way for South 242nd Street as well as the necessary property for the construction of internal streets as described in A. 6. 6. Provide detailed engineering drawings, obtain City approval thereof, and either bond for or construct the following: a. Sanitary Sewer: Provide gravity sanitary sewer service to all lots. Extend as necessary to provide for future service to adjacent properties. 4 Hearing Examiner Recommendation Walnut Ridge #SU-90-5 b. Water: Extend city water to provide adequate domestic and fire flows to service all lots. Provide stub out to allow future connection with water main in South 243rd Street to loop water system. C. Provide a'minimum of 50 feet of right of way with a 50 foot right-of-way radius for the cul-de-sac turn around for all internal streets. A minimum 25 foot right-of- way radius is required at all intersections. d. The interior cul-de-sac street shall be fully improved with asphalt pavement (28 feet in width) , curb and gutter, sidewalks, drainage system, street lighting, street signs, underground utilities and related appurtenances. Minimum curb return radii shall be 45 feet for the cul-de-sac and 25 feet for all other intersections. e. Improve South, 242nd Street from 96th Avenue South to the east property line of proposed lot #1 to provide a half street asphalt paved roadway of 16 feet (south half) with curb and gutter, sidewalks, street lighting, drainage system, underground utilities and related appurtenances. Further, the north half shall be reconstructed to include a minimum 12 foot asphalt paved roadway lane meeting minimum city standards. Reconstruct South 242nd Street from the east property line of proposed lot #1 to 98th Avenue South to 24 feet in width centered on the right-of-way centerline of South 242nd Street with asphalt pavement, drainage system and five foot wide asphalt shoulder centered on the right of way centerline of 242nd Street. f. The storm drainage outfall and biofiltration swale discharges onto adjacent property which is presently being subdivided and named Walnut Grove. The owner/developer of the plat shall construct the necessary off-site storm systems to convey runoff from the subject site and shall provide to the City all necessary easements for conveyance, construction, access, and maintenance of the bioswale and storm line. 5 Hearing Examiner Recommendation Walnut Ridge #SU-90-5 7. Revise site plan to reflect the following changes: a. Rename 96th Avenue South to 96th Place South b. Rename South 243rd Street to South 242nd Court 8. Clearing and grading of the site shall not begin until these activities are completed for the Walnut Grove subdivision. This condition is intended to lessen the noise impacts of heavy equipment on the surrounding residences that might otherwise result from concurrent activities on the Walnut Ridge site. B. PRIOR TO OR IN CONJUNCTION WITH THE ISSUANCE OF A DEVELOPMENT PERMIT ON ANY LOT• 1. Complete the construction of all improvements required as SEPA conditions and plat conditions. 2 . Comply with City standards for all street identification signs and shall obtain approval from the City prior to installation. 3 . A sight-screening fence shall be constructed along the southern property line to help mitigate the impacts of site development on adjacent residential uses. Dated this 30th day of January, 1991. THEODORE PAU HUNTER Hearing Examiner APPEALS FROM HEARING EXAMINER DECISIONS. Request of Reconsideration Any aggrieved person may request a reconsideration of a decision by the Hearing Examiner if either (a) a specific error of fact, law, or judgment can be identified or (b) new evidence is available which was not available at the time of the hearing. Reconsideration requests should be addressed to: Hearing Examiner, 220 Fourth Avenue S. , Kent, WA 98032. Reconsiderations are answered in writing by the Hearing Examiner. 6 Hearing Examiner Recommendation Walnut Ridge #SU-90-5 Notice of Right to Appeal The decision of the Hearing Examiner is final unless a written appeal to the Council is filed by a party within 14 days of the decision. The appeal must be filed with the City Clerk. Usually, new information cannot be raised on appeal. All relevant information and arguments should be presented at the public hearing before the City Council. A recommendation by the Hearing Examiner to the City Council can also be appealed. A recommendation is sent to the City Council for a final decision; however, a public hearing is not held unless an appeal is filed. 7 City of Kent - Planning Department w cc F- O O .•a 0 Uj > U7 S EO W J w 237TH PL m '. cc ¢ =F o CL ¢ N S O J O H O 2UOTH AST = L--JL k w S 241ST SCt T S 4 N s 2 �pri`'s ITH ST 07 v, w Cr S co rn 9� SE 248TH ST CLYN ST ,p¢ s APPLICATION NAME: walnut Ridge NUMBER: #SU-90-5 DATE: December 19, 1990 REQUEST: Preliminary Plat LEGEND Application site VICINITY MAP zoning boundary City limits h �� ��� G►� 1��Irr NINE =N r rrrr�a. City of Kent - Planning Department \ m,No Cq v NMIAI e O M I S O O �P,m N � 1 PROPOSE PLAT F) WALNUI GROVE I 3 o 5N a M,N3,4.. o Fn .'ass o 1 erO rl S. 243rd. 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APPLICATION NAME: walnut Ridge NUMBER: #SU-90-5 DATE: December 19, 1990 REQUEST: Preliminary Plat LEGEND Application site SITE PLAN Zoning boundary Aft- City limits PLEASE NOTE: These minutes are prepared only for the convenience of those interested in the proceedings of the Land Use Hearing Examiner. These minutes are not part of the official record of decision and are not viewed, referred to, or relied upon by the Hearing Examiner in reaching a decision. These minutes also are not part of the record of review in the event a decision of the Hearing Examiner is appealed. Copies of the tape recordings of the Hearing Examiner proceedings, or a complete written transcript of these recordings, are available at a charge from the City of Kent. Please contact Chris Holden at the Kent Planning Department (859-3390) if you are interested in obtaining an. official transcript. HEARING EXAMINER MINUTES January 16, 1991 The public hearing of the Kent Hearing Examiner was called to order by the presiding officer, Ted Hunter, Hearing Examiner, on Wednesday, January 16, 1991 at 3 : 00 p.m. in the Kent City Hall, Council Chambers. Mr. Hunter requested all those intending to speak at the hearing and those wishing to receive information concerning the hearing, to sign in at the sign up sheet by the door. Staff reports and agendas were available by the door. Mr. Hunter briefly described the sequence and procedure of the hearing. Each person presenting testimony was sworn in by Mr. Hunter prior to giving testimony. WALNUT RIDGE Preliminary Plat #SU-90-5 A request for a public hearing to consider a request by Douglas W. Graef and William P. Curran, 25022 104th Avenue SE, #A, Kent, WA 98031, to subdivide 3 . 19 acres into 12 residential lots. The subject property is generally located south and west of 9632 S. 242nd Street. The zoning of the property is R1-7.2 , Single Family Residential. Molly Rice, Kent Planning Department, presented the staff report. Ms. Rice showed some view foils depicting: 1) a site plan of the site, 2) location of the site, and 3) topography and zoning of the site and surrounding area. A video of the site was shown. Ms. Rice stated the staff is recommending approval with conditions. 1 Hearing Examiner Minutes January 16, 1991 Ms. Rice made a correction to condition #7 , the street address should be 96th Place S. instead of 98th Avenue S. Mr. Hunter asked several questions: 1) on condition 6 of SEPA where is the location of the biofiltration swale; 2) clarify the standard traffic mitigation agreement, and 3) was the cumulative affect on the area considered in approving this application. Ms. Rice replied the lot size, location of other projects and the impact on the area was considered in reviewing this application. Gary Gill, Public Works Department, stated the preliminary plat map attached to the staff report shows that the biofiltration swale islocated on the southern portion of proposed lots 5 and 6 with an access roadway to the south of the swale. In addition the storm system will be connected to the storm drainage facilities being constructed as part of the Walnut Grove preliminary plat which is located adjacent to this proposed plat. Mr. Gill commented the traffic mitigation agreement mentioned as one of the SEPA conditions is basically a no- protest LID agreement to participate in the future construction of the S. 277th Street corridor. This agreement is used for all properties located in the southern portion of the City' s transportation areas. Mr. Hunter asked if the applicant would like to comment. William Curran, applicant, commented they were in agreement with the staff's recommendation of approval with conditions. Mr. Hunter asked if anyone else would like to comment on this application. Gregg Ward, 9619 S. 243rd Street, Kent, WA 98031, asked when construction of the project would start. He felt that there should only be one project being constructed at a time. In addition, there should not be access to the construction site from 243rd Street. Mr. Ward asked if a fence would be placed between the proposed plat and 243rd Street. Mr. Ward expressed concern that the trees on the site be preserved. Mr. Hunter commented the City of Kent has a tree preservation ordinance. Mr. Curran commented the construction being done at the Walnut Grove plat site is planned to be completed in about 60 to 75 days. The proposed plat project start date is tentatively set for late summer. Mr. Curran commented a fence is not planned for the southern portion of the site. A tree survey was completed and there are approximately 21 2 Hearing Examiner Minutes January 16, 1991 six-inch caliper or greater trees on the site. The only trees planned on being removed are located in the street right of way or ones that would be located where the foundations are planned. There was no further testimony. The hearing closed at 3 : 35 'p.m. KENT SCHOOL DISTRICT SITE #25 Conditional Use Permit #CE-90-10 A request for a public hearing to consider a request by the Lee Architectural Group, Inc. , 15655 NE 85th Street, #3, Redmond, WA 98052 , for the Kent School District, to construct an elementary school. The property is located on the north side of SE 248th Street between 112th Avenue SE and 116th Avenue SE. The property is zoned R1-12 , Single-Family Residential. Alice Shobe, Kent Planning Department, presented the staff report. Ms. Shobe presented some view foils depicting 1) the location of the site, 2) the zoning of the site and surrounding area and 3) a site plan showing the location of the school building, parking and play area. Ms. Shobe commented currently there are three, apparently vacant, houses on the site with barns. The School District stated one of the homes might be relocated to the southwest corner of the site. A video of the site was shown. Ms. Shobe presented a brief history of the site. Ms. Shobe stated a Determination of Nonsignificance (DNS) was issued on December 7, 1990 with conditions. A revised DNS was issued on December 28, 1990 with the conditions as listed in the staff report. Ms. Shobe made corrections to the staff report: 1) on Page 2 , #E, should say play field instead of parking lot and 2) on page 11, should say "SEE condition #14 of the DNS" instead of "SEE condition #4 of the DNS. Ms. Shobe summarized the criteria that must be reviewed when considering a conditional use application. The staff is recommending approval. Ms. Shobe comment the applicant has received preliminary approval from the Army Corps of Engineering for filling a portion of the wetlands located on the site. # Ed White, Public Works Department, commented condition #18 under SEPA states the developer is to mitigate all traffic impacts. Mr. White stated the applicant meets this condition by signing a mitigation agreement. 3 Hearing Examiner Minutes January 16, 1991 Mr. Hunter asked if the applicant or representative would like to comment. Pete Curran, 555 W. Smith Street, Kent, stated the applicant accepts the SEPA conditions as stated on the DNS issued December 28, 1990. Mr. Hunter asked if anyone else would like to comment. C. B. Mills stated there is a lot of water on the site. He asked what kind of drainage is planned for the property. Bill Applegate commented about the increase in water runoff that would be caused by the development of this site. He asked if there were plans to keep the oils that would be deposited in the parking area from entering the water system. Mr. Applegate asked about whether the culvert located next to the property would be increased. Gary Gill, Public Works Department, stated that the staff report listed several conditions regarding the storm water drainage. Mr. Gill stated the applicant as well as the City are aware of the water on the site and the increase in impervious surface will create more runoff. However, the applicant will be required to mitigate any increased water runoff. Mr. Gill commented the City is conducting an analysis of storm drainage facilities in the City. Mr. Gill stated the City is also looking at upsizing the downstream system, providing other regional facilities as well as the facilities being planned in the lower Garrison Creek areas. Mr. Hunter asked if there were any further comments. Walt Seifried, Supervisor of Facilities and Construction, Kent School District, commented the wetlands divide the site, so the school building will be on the east side and the playground will be on the west side; the filling of the wetlands area will only be for access from the playground to the school building. Mr. Seifried stated the School District is planning on using the wetlands site as an educational tool and, therefore, with approval from the City, there may be some access to the site in order for students to be taken to the site. John Gardner asked about location of the playground and the houses. Mr. Gardner asked where the runoff water would be discharged. Mr. Seifried commented the large white house will remain on the site and will be sold by the School District to help mitigate the cost of buying the site. The north side of the property will be retained as a playground. The green house might be moved to the west, between the 4 Hearing Examiner Minutes January 16, 1991 white house and the church onto another residential lot. The small white house will probably be demolished. The northwest side of the property is where the playgrounds are planned to be located. Mr. Seifried stated there will be storm drainage retention ponds with biofiltration constructed on the south and north. Mr. Seifried stated there will not be lighting on the playgrounds since the property will not be used at night. Mr.' Seifried talked about the restrictions on the property because of the size of the site. Mr. Mills asked about what type of fencing would be used by the school. Mr. Seifried stated the usual policy is a six-foot fence. There was some discussion concerning the type of fence proposed. Mr. Hunter stated the record would be held open until January 30 at 4 : 30 pm for further written comments to be received to the record regarding the type of fencing proposed and for the revised DNS to be placed in the record. The hearing adjourned at 4 : 35 p.m. 5 crry of` ad CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 STAFF REPORT FOR HEARING EXAMINER MEETING OF DECEMBER 19, 1990 FILE NO: WALNUT RIDGE #SU-90-5 APPLICANT: DOUGLAS W. GRAEF AND WILLIAM P. CURRAN REQUEST: A request to subdivide 3 . 19 acres into twelve residential lots. STAFF REPRESENTATIVE: Molly Rice STAFF RECOMMENDATION: APPROVAL with conditions. I. GENERAL INFORMATION A. Description of the Proposal The proposal is to subdivide approximately 3 . 19 acres into 12 residential lots. The average proposed lot size is 7 , 748 square feet. The minimum lot size proposed is 7 ,200 square feet. B. Location The subject property is generally located south and west of 9631 South 242nd Street, Kent, WA. C. Size of Property The subject property is approximately 3 . 19 acres. D. Zoninct The subject property is zoned R1-7.2 , Single Family Residential. 1 Staff Report Walnut Ridge #SU-90-5 E. Land Use The subject property is surrounded by single-family residential development. The property on all sides of the subject property has been divided into lots. There are no existing structures on the site. F. History 1. Site History A tentative plat meeting was held for this proposed plat on July 26, 1990. The comments generated at that meeting are contained in this report and reflected on the preliminary plat submitted by the applicant. 2 . Area History The subject property was annexed into the City of Kent on June 20, 1958 as Ordinance 985. There have been several short plats and subdivisions approved on surrounding properties beginning in 1975. The Walnut Grove Subdivision to the west was approved by the City June 5, 1990 with conditions. The process has not been finalized by the applicant. II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A final Mitigated Declaration of Nonsignificance (#ENV-90-85) was issued for the proposal on October 12, 1990. The mitigating conditions are listed as follows: 1. A detailed erosion and sedimentation control plan shall be approved and implemented prior to any clearing and grading. Grading shall be conducted only during dry weather conditions as determined by the Public Works Department. 2 Staff Report Walnut Ridge #SU-90-5 2 . Control of dust emissions shall be required during grading and construction. Excavated areas shall be watered as necessary to prevent dust contamination of the air. 3 . The applicant shall provide the City with a drainage plan for each individual lot, as developed, which will ensure that there is no net runoff to adjacent properties. 4 . The applicant shall provide a comprehensive, accurate tree plan for all trees on-site of 6" caliper or greater in conjunction with submission of the preliminary plat application. Trees identified for preservation by the Planning department shall be identified and protected during grading or construction on the site by adhering to the following: a. Trees and tree groupings will be encircled by fence material of a type that will discourage access underneath the dripline of the trees. b. No storing of equipment, parking of vehicles, dumping of dirt or other construction materials will be allowed in the protected areas. C. If a tree' s roots are unavoidably damaged during construction, they will be cut off cleanly and mulch will be applied over them. The damaged area will be screened for the duration of construction. d. An organic mulch will be placed under and within the dripline of all trees and tree groupings to be preserved. Mulch will be replenished as necessary during construction to ensure survival of the trees. 3 Staff Report Walnut Ridge #SU-90-5 e. All trees not surviving after two years of the completion of construction will be replaced at a two to one ratio if six inches in caliper or less. For each caliper inch over six, an additional tree replacement will be required. Example: 1 @ 6"=2 replacement trees 1 @ 7"=3 replacement trees 1 @ 8"=4 replacement trees 5. A thorough storm drainage analysis shall be done to design on-site systems to provide adequate capacity to collect and convey flows from upstream properties. The system shall pick up and collect the storm water outletting onto the property from the outfall located in the vicinity of the northeast corner of this proposed plat. The storm analysis shall also address the adequacy of downstream systems and determine necessary improvements to provide conveyance capacity and prevent erosion. A detailed analysis shall be made of downstream system capacities and necessary improvements shall be made to that system to provide for adequate conveyance capacity and to prevent flooding, erosion and sedimentation problems. The owner/developer shall construct the needed improvements at the time of development. 6. Provide on-site detention of storm water and incorporate biofiltration into storm system design to provide treatment prior to discharging into the City' s system in accordance with City standards. Location of the biofiltration swale shall be illustrated on the preliminary plat plan. Adequate easements for access and maintenance of the bioswale shall be granted to the City. 4 Staff Report Walnut Ridge #SU-90-5 7 . The •owner/developer shall execute a standard traffic mitigation agreement for the 277th street corridor project to mitigate the 12 PM peak hour trips generated by the project. 8 . The owner/applicant shall reconstruct S. 242nd Street from the east property line of proposed Lot #1 to 98th Ave S. to 24 feet in width with asphalt pavement, drainage system and 5 foot wide asphalt shoulder centered on the right of way center line of 242nd Street. B. Significant Physical Features Topography and Hydrology The subject property is currently heavily vegetated with a mixture of native deciduous and evergreen trees and shrubs. It slopes gently down from east to west at an average slope of 10 percent. C. Significant Social Features 1. Street System The subject property has access to S. 242nd Street which is classified as a local arterial. The street has a public right-of- way width of 30 feet while the actual width of paving is 28-30 feet. The street is improved with asphalt paving, curb and gutter, storm water drainage, sidewalks and street lighting. A widening strip will be required to be deeded to the city. New left turn lanes will not be required. The average daily traffic count on the street is less than 1, 000 vehicle trips per day. The owner/applicant is required to provide street lighting on South 242nd, 96th Avenue South and South 243rd Street, provide street name signage for all streets which access the property and to provide half street improvements on S. 242nd Street. 5 Staff Report Walnut Ridge #SU-90-5 2 . Water System There is an existing six-inch diameter water main adjacent to this proposal on 242nd Street and on 243rd. There are 3 mains (an 811, 10" and 1811) on 98th Avenue which is east of the site constructed of concrete available to serve the subject property. 3 . Sanitary Sewer System There is an existing eight-inch diameter sanitary sewer line which is located approximately 300 feet north of the site available to serve the subject property. 4. Storm Water System Detailed plans of the storm water improvements will be required as part of plat approval. Storm water mitigation conditions have already been determined as part of the SEPA review process. 5. LID's None at the present time. III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: City Administrator City Attorney Director of Public Works Chief of Police Parks & Recreation Director Fire Chief Building Official City Clerk Puget Sound Power & Light, Land & Facilities Planning Washington Natural Gas Company King County Parks, Planning & Resources Department Seattle-King County Health Department U.S. West Communications Kent School District Department of Transportation, Design and Review 6 Staff Report Walnut Ridge #SU-90-5 In -addition to the above, all persons owning property which lies within 300 feet of the site were notified of the application and of the public hearing. Staff comments have been incorporated in the staff report where applicable. IV. PLANNING DEPARTMENT REVIEW A. Comprehensive Plan The City of Kent first adopted a City-wide Comprehensive Land Use Plan in 1969 . The goals, objectives and policies of the Comprehensive Plan represent an expression of community intentions and aspirations concerning the future of Kent and the area within the Sphere of Interest. The Comprehensive Plan is used by the Mayor, City Council, City Administrator, Planning Commission, Hearing Examiner and City departments to guide growth, development, and spending decisions. Residents , land developers , business representatives and others may refer to the plan as a statement of the City's intentions concerning future development. The City of Kent has also adopted a number of subarea plans that address specific concerns of certain areas of the City. Like the City-wide Plan, the subarea plans serve as policy guides for future land use in the City of Kent. The proposed application is within the area covered by the East Hill Plan. Adopted in 1982, the East Hill Plan provides policy statements that relate to development within the East Hill area. The following is a review of these plans as they relate to the subject property. CITY-WIDE COMPREHENSIVE PLAN The Comprehensive Plan Map designates the subject property as SF, Single Family. Elements of the Comprehensive Plan are addressed below followed by Planning Department comments. 7 Staff Report Walnut Ridge - #SU-90-5 HOUSING ELEMENT OVERALL GOAL: ASSURE A DECENT HOME AND SUITABLE LIVING ENVIRONMENT FOR FAMILIES DESIRING TO LIVE IN KENT GOAL 2: Guide new residential development into areas where the needed services and facilities are available, and in a manner which is compatible with existing residential neighborhoods. Obiective 2: Permit new residential development on , the East and West Hills as the necessary facilities and services are available. Objective 3 : Guide new residential growth so that it occurs in a responsible manner, consistent with neighborhood objectives. Policy. 3 : Encourage inf ill development of areas already served by utilities and transportation systems, to achieve maximum efficiency in the provision of services and preservation of natural features. Planning Department Comment: The subject property is surrounded on all sides by platted property and existing or proposed single- family residential development. The lots proposed to be created by this application are similar in size to the lots surrounding the site. Since the subject property is surrounded on all sides by developed or soon to be developed property, new development on the site would be considered infill development. Facilities exist to provide water and sanitary sewer service to the subject property, and conditions would be applied to the plat to assure that the transportation system in the area is sufficient to accommodate the development. 8 Staff Report Walnut Ridge #SU-90-5 Therefore, the proposed plat is consistent with the above mentioned goals, objectives and policies of the Comprehensive Plan. GOAL 4 : Assure environmental quality in residential areas. Objective 1: Preserve and maintain as much of the natural environment as possible. Policy 2 : Require site design to conserve natural features, such as streams, steep slopes, trees, and wetlands. Objective 2 : Provide open green areas in the City ' s residential neighborhoods. Policy 2 : Require contiguous open green area in new single-family subdivisions. Planning Department Comment: As a result of a SEPA condition and Zoning Code requirements, the applicant must submit a tree plan that shows the location of existing significant trees (6-inch caliper or greater) on the site in relation to the proposed lots. The trees located in the proposed cul-de-sac will necessarily have to be removed. The remaining trees will be retained until development occurs on the individual lots, at which time each lot will be reviewed for tree preservation. The subdivision code requires that a minimum of 3% of the total subdivision be dedicated to open space. The dedication can be developed as a park or maintained in native vegetation to provide a natural habitat. The Comprehensive Plan goals, objectives, and policies endorses the retention of open space in residential areas. In order to conform with the goals and policies of the Comprehensive Plan, the 9 Staff Report Walnut Ridge #SU-90-5 developer should provide common open space for a small park and for tree preservation purposes. EAST HILL PLAN The East Hill Land Use Plan Map designates the subject property as SF 6, Single Family Residential with 4-6 dwelling units per acre. Elements of the East Hill Plan which pertain to this application are listed below, followed by Planning Department comment. HOUSING ELEMENT OVERALL GOAL: ASSURE PRESENT AND FUTURE EAST HILL RESIDENTS HOUSING THAT IS SAFE, OFFERS A DESIRABLE LIVING ENVIRONMENT, AND IS SUPPORTED BY ADEQUATE COMMUNITY FACILITIES AND SERVICES. GOAL 1: Residential development that is related to the availability of community facilities and services. Objective 1: When making decisions concerning land use, consider the adequacy of and impact upon roads and other public facilities and services including utilities, police and fire protection, public transportation, schools and parks. Policy 1: Ensure that public facilities and services are available or will be available to support development at proposed densities. Policy 2 : Locate new single-family detached residential development in areas and at densities which permit roads, utilities, public transit, schools and other public facilities and services to be provided in an efficient and 10 Staff Report Walnut Ridge #SU-90-5 cost-effective manner. Planning Department Comment The proposed subdivision may eventually result in the construction of 12 single-family dwellings. Assuming 2.9 persons per household, an additional 35 persons would require City services as a result of this plat. As discussed above, adequate utilities exist to serve the proposed plat. Conditions will be applied to the plat to assure that impacts to the transportation system are mitigated. To ensure adequate fire protection to the development, water pressures and fire hydrants in approved locations must meet Fire Department standards. As stated previously, the request for subdivision was routed to the Police, Fire and Parks Departments, as well as the Kent School District. During the SEPA review for the project, METRO was notified about the development. There was no indication that the proposed project would have undue impact on the provision of fire or police protection, schools, or public transportation. The Parks Department has recommended dedication of open space for the proposed plat. NATURAL ENVIRONMENT ELEMENT OVERALL GOAL: PROMOTE ORDERLY DEVELOPMENT PATTERNS WHICH RECOGNIZE AND RESPOND TO THE NATURAL ENVIRONMENT AND THE FUNCTIONING OF NATURAL SYSTEMS. GOAL 1: Preservation and enhancement of the natural qualities that make the East Hill area an attractive place in which to live. Objective 2 : Maintain and restore the natural character of the East Hill community through the retention and introduction of native and ornamental plants in existing and planned development. 11 Staff Report Walnut Ridge #SU-90-5 Policy 1: Encourage the retention and reestablishment of vegetation in the issuance of development permits and in development actions of the City. Planning Department Comment: The natural environment of the East Hill area is highly valued by East Hill residents. These values are reflected in the goals and policies in the East Hill Plan relating to the natural environment. The Plan states that emphasis should be placed upon the retention of stands of trees and trees which form a continuous or nearly continuous canopy, including associated undergrowth, so that public benefits relating to woodlands such as soil stability and water quality can be maximized. The Plan states that many woodlands benefits are lost if only isolated, individual trees are retained. There are stands of significant trees located on the site in several areas. Lots # 1, 8, 9 and 12 all have mature stands of trees and should be considered for open space dedication. The preferred alternative based on species and size of trees would be lot # 9. A common open space area should be dedicated on this portion of the property for a community park and tree preserve. Such a dedication would increase the attractiveness of the site to potential home buyers, and would preserve the most environmentally significant portion of the property. The exact area to be dedicated would be based on a detailed tree plan submitted by the applicants. B. STANDARDS FOR GRANTING A SUBDIVISION The purpose of the City of Kent Subdivision Code is to provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, insuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land 12 Staff Report Walnut Ridge #SU-90-5 shall be insured; that proper provisions for all public facilities (including circulation, utilities, and services) shall be made; that maximum advantage of site characteristics shall be taken into consideration; that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plan shall be insured. Planning Department Comment: The proposed plat is in general conformance with the regulations of the Subdivision Code. The Subdivision Code calls for right-of-way widths for cul-de-sacs to be 50 feet and the proposal is in compliance with this requirement. All proposed sewers, water mains, and other utilities will comply with applicable City requirements. C. FEASIBILITY OF DEVELOPMENT ON PROPOSED LOTS Development on all lots in the proposed subdivision will be subject to Zoning Code requirements for development in the R1-7. 2 , Single-Family Residential, Zoning District. All lots must also comply with solar access setback regulations and the tree preservation ordinance. Planning Department Comment All proposed lots meet minimum lot size and width requirements. Development on the proposed lots also will have to meet solar setback requirements. The purpose of the solar access setback provisions is to provide a reasonable amount of solar access to lots in the City so that the economic value of solar radiation falling on those properties will be preserved and the option to use solar energy will be encouraged. Any structures built on the lots in a single-family residential zone must maintain solar access to the adjacent lots to the north. The proposed lots are oriented in a north-south direction and Lot #2 and #12 have a minimum lot width of 70 feet which will require special consideration when the residence is sited to ensure that the development complies with solar access requirements. 13 Staff Report Walnut Ridge ISU-90-5 As mentioned previously, many significant trees exist on the site, a tree plan identifying trees with a caliper of six inches or greater will be required for all lots and road improvements prior to the issuance of development permits. D. PROPOSED FINDINGS The Planning Department has reviewed this application in relation to the Comprehensive Plan, present zoning, land use, street system, flood control problems and comments from other departments and finds that: 1. The City-wide Comprehensive Plan Map designates the site as SF, Single Family Residential. 2. The East Hill Plan Map designates the site as Single Family 4-6 units per acre. 3 . The site is presently zoned R1-7.2, Single Family Residential, with 7 , 200 square foot minimum lot size. 4. Land uses in the area are predominantly single-family residential. 5. A mitigated Determination of Nonsignificance was issued for the plat on October 12, 1990 6. The site slopes at an average of approximately 10 percent towards the west, and is covered with native vegetation and trees. Significant tree groupings are located in several areas of the proposed subdivision. 7 . The site has access to S. 242nd Street. 8. The subject property would receive water and sewer service from the City of Kent. VII. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a preliminary subdivision, the City 14 Staff Report Walnut Ridge #SU-90-5 staff recommends APPROVAL of the proposed subdivision subject to the following conditions: A. PRIOR TO OR IN CONJUNCTION WITH RECORDATION OF FINAL PLAT: 1. The final plat mylar or linen shall show a dedication of property as common open space for the subdivision. The open space shall consist of a space which is 3 percent of the total size of the subdivision. The location should be located on Lot #1, 9 or 12 because of the significant vegetation found on the lots. The exact boundary of the dedication shall be determined by the Planning Director upon submittal of an accurate tree plan for the site. 2 . The final plat mylar or linen shall bear a notation which states that development on all lots shall comply with City of Kent solar setback regulations. 3 . The final plat mylar or linen shall bear a notation which states that an accurate tree plan shall be required prior to the issuance of any development permits for the lots. Further, an accurate tree plan identifying all trees with a caliper of six-inches or greater shall be submitted to the Planning Department for approval prior to issuance of any grading permits for road or other work associated with the subdivision. 4 . Comply with all applicable SEPA conditions. 5. Dedicate the north 30 feet of the subject property as public right-of-way for South 242nd Street as well as the necessary property for the construction of internal streets as described in A. 6. 6. Provide detailed engineering drawings, obtain City approval thereof, and either bond for or construct the following: 15 Staff Report Walnut Ridge #SU-90-5 a. Sanitary Sewer: Provide gravity sanitary sewer service to all lots. Extend as necessary to provide for future service to adjacent properties. b. Water: Extend city water to provide adequate domestic and fire flows to service all lots. Provide stub out to allow future connection with water main in South 243rd Street to loop water system. C. Provide a minimum of 50 feet of right of way with a 50 foot right-of-way radius for the cul-de-sac turn around for all internal streets. A minimum 25 foot right-of-way radius is required at all intersections. d. The interior cul-de-sac street shall be fully improved with asphalt pavement (28 feet in width) , curb and gutter, sidewalks, drainage system, street lighting, street signs, underground utilities and related appurtenances. Minimum curb return radii shall be 45 feet for the cul-de-sac and 25 feet for all other intersections. e. Improve South 242nd Street from 96th Avenue South to the east property line of proposed lot #1 to provide a half street asphalt paved roadway of 16 feet (south half) with curb and gutter, sidewalks, street lighting, drainage system, underground utilities and related appurtenances. Further, the north half shall be reconstructed to include a minimum 12 foot asphalt paved roadway lane meeting minimum city standards. Reconstruct South 242nd Street from the east property line of proposed lot #1 to 98th Avenue South to 24 feet in width centered on the right-of-way centerline of South 242nd Street with asphalt pavement, drainage system and five foot 16 Staff Report Walnut Ridge #SU-90-5 wide asphalt shoulder centered on the right of way centerline of 242nd Street. f. The storm drainage outfall and biofiltration swale discharges onto adjacent property which is presently being subdivided and named Walnut Grove. The owner/developer of the plat shall construct the necessary off-site storm systems to convey runoff from the subject site and shall provide to the City all necessary easements for conveyance, construction, access, and 'maintenance of the bioswale and storm line. 7 . Revise site plan to reflect the following changes: a. Rename 98th Avenue South to 98th Place South b. Rename South 243rd Street to South 242nd Court B. PRIOR TO OR IN CONJUNCTION WITH THE ISSUANCE OF A DEVELOPMENT PERMIT ON ANY LOT: 1. Complete the construction of all improvements required as SEPA conditions and plat conditions. 2 . Comply with City standards for all street identification signs and shall obtain approval from the City prior to installation. KENT PLANNING DEPARTMENT December 6, 1990 ch:c:su905rpt 17 City of Kent - Planning Department W 2 F- O O O O j O O W J w 237TH PL m cri M :=p w c 4. O N = O J Qf N Ql 240TH AST = W S OUST ST > Cr S 4 N S 2tri" `t ITH ST 00 Cmw Cr w > s m CD 9� SE 248TH ST CLYN ST ,q4 e APPLICATION NAME: Walnut Ridge NUMBER: #SU-90-5 DATE: December 19, 1990 REQUEST: Preliminary Plat LEGEND Application site VICINITY MAP _-_Zoning boundary City limits �, ■ Mod ILL Mills Mimirip rrr.�a. oil . a . M • 0 ` • . . . • . City of Kent - Planning Department ' I • I I 3 I ' I \ tan•o mac a n.00ll ,e 1 N I 1 1 1 $. 4 \ y O 0 w n v RI PROPOSED PLAT F 1 WALK GROVE I 1 ! O nsaa+ O 1'I 9 s b rtsn v. Del m l m - m 3 scowl aamnol vacl : 1 I i •' \2 \ 0 \ I m $ o 4 /I �w,nrrl CZ w�� 12 N ar w ar I S. 243rd.'v Y. \ v \ ':4? \ I ,P a1P.lI y w I I I V Qmrt 1 WS \ C 7 l O >WIM , I Omw rn>n ww aM•,Gsornf� I I V _..a� I � �\la,.an.•,•al \ KEY LEGAL DESCRIPTION aria r a wlam sLra[n M mullry a Na•L fu,[ar w•M,oL alo•ovm a lauDR M lRIII wt!A M a1Ma6l OMT!>M IOIIMgI OaMIR OF M IlalalrK,WYOA P S.LI la.la•IM L KRIIL IW4 a flM1f. OQ,LW6 f DI,1M,001 O rlL M aM mY1M 11i1P! m@I,IYT.011lax>M IIRM 1W!S M,H1111 WY aI M mr.MOI OYNai1 A M MAM.VI WMICI Cr M MRM/R aYMaal ar Y0 n�IW,•.L1a10 a0I11N v M IQIII]a 1QI AED7I NO e WIGLT R 1{I[f01IMaMI M1,a11 IaN N MY OI M aa11M Yt V YMY TOIL It Npllll WIJ R 11fAR aWRlall Lr M ICrI1fNf aWlt10 O< 1H,OIMAf,iWIR O VD SIYI,R.L OOWQ O WaC,M2 .a51AM G{I W: Nal l[(sl M GaICl114!Q1 aI M mIIM wV 0I M WIIIRdf WM,OI P M IIaRIIEVf OtIMP 0I M MaaMKf a111111P>Q,>•I to L>wa WllmaT>M MOA11,NI ar M Mlle,NW O M M,Illl/mi PWaYI of M IaRMMf WMaY1 O M IOR,aTT OlMllll >yp Mil,L APPLICATION NAME: walnut Ridge NUMBER: #SU-90-5 DATE: December 19, 1990 REQUEST: Preliminary Plat LEGEND Application site SITE PLAN Zoning boundary _1191111- City limits v' Kent City Council Meeting Date March 5. 1991 Category Other Business 1. SUBJECT: KING COUNTY HOTEL/IIMOTELLC�ULTURAL FUND GRANT CONTRACT flLt 2 . SUMMARY STATEMENT: Acceptance of $15, 000 King County Hotel/Motel Cultural Fund Grant Contract for City of Kent Performing Arts Center Task Force's cultural plan and cultural center feasibility study project. l 3 . EXHIBITS: Fiscal note / 4. RECOMMENDED BY: Staff a d IBC (Committee, Staff, E miner, Commission, etc. ) r !!'r 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: n. NO YES _ FISCAL/PERSONNEL NOT : Recommended AI '� \ Not Recommended 6. EXPENDITURE REOUIREP: $ N/A y SOURCE OF FUNDS: ` / 7. CITY COUNCIL ACTION: I` ! ,Clo�uncilmember �x,t-�,'ti move '°�-'�`+'�'--seconds acceptance of$15, 000 King County Hotel/Motel Cultural Fund Grant Contract. (vk_ r C�c� DISCUSSION: ACTION• Council Agenda Item No. 4B)/ MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- c'ibject: CULTURAL CENTER FEASIBILITY STUDY GRANT - FISCAL NOTE ,eator: Tony MCCARTHY / KENT70/FN Dated: 02/14/91 at 1155. THE PARK DEPARTMENT REQUESTS AUTHORIZATION TO ACCEPT A $15, 000 GRANT -FROM KING COUNTY. THE GRANT WILL BE COMBINED WITH CITY FUNDS TO COMPLETE A KENT CULTURAL CENTER FEASIBILITY STUDY AND CULTURAL PLAN. CURRENT FUNDING INCLUDES: $10, 000 IN PRIVATE CONTRIBUTIONS INCLUDING $1, 675 IN ARTS COMMISSION SUPPORT AND $10, 000 IN CITY GENERAL FUND SUPPORT. WITH THE ACCEPTANCE OF THE GRANT, $35, 000 WILL BE AVAILABLE FOR THE FEASIBILITY STUDY. THE IBC RECOMMENDS ACCEPTANCE OF THE GRANT WITH ESTABLISHMENT OF THE CULTURAL CENTER FEASIBILITY STUDY BUDGET. THE IBC RECOMMENDS THIS BECAUSE THE EXPANDED BUDGET ALLOWS FOR A MORE COMPLETE FEASIBILITY STUDY TO DETERMINE TOTAL CAPITAL AND OPERATING COST OF THE FACILITY. Kent City Council Meeting Date March 5. 1991 Category Other Business 1. SUBJECT: CLID 331/335 BOND ORDINANCE AND PURCHASE CONTRACT 2 . SUMMARY STATEMENT: Finance Staff requests adoption of Bond Ordinance and authorization for the Mayor to sign a purchase contract in the amount of $1,543,980. 17 for CLID 331/335 bonds. These bond proceeds will be used for the widening and improvement of SE 240th Street from 108th Avenue S.E. to 116th Avenue S.E. and improvements of 77th Avenue South from 212th to South 202nd and South 206th to the 77th Avenue South to the west end of the railroad tracks including water and sewer improvements. <-, l The final assessment rolls for these LIDs have been adopted and the 30-day pre-payment period has elapsed. The purchase contract with Lehman Brothers is at a net interest cost of 6.73 percent and has a gross underwriting spread of $19 per thousand dollar bond. This results in an average coupon of 6. 38 percent and an assessment to property owners of 6.88 percent. -The-- -�---� 3 . EXHIBITS: Bond ordinance, purchase contract and proposed pricing information 4 . RECOMMENDED BY: Finance Staff and Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds for adoption of Bond Ordinance with authorization for the Mayor to sign the purchase contract with Lehman Brothers. DISCUSSION• ACTION• Council Agenda Item No. 4C✓ . J CITY OF KENT, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to local improvement districts; establishing Consolidated Local Improvement District No . 331/335 and Consolidated Local Improvement Fund, District No . 331/335; fixing the amount, form, date, interest rates, maturity and denominations of the Consolidated Local Improvement District No . 331/335 bonds;- providing for the sale and delivery thereof to Lehman. Brothers Division of Shearson Lehman Brothers Inc. , in Seattle, Washington; and fixing the interest rate on local improvement district assessment installments . WHEREAS, the City Council of the City of Kent, Washington (the "City" ) , heretofore has created Local Improvement Districts Nos . 331 and 335 for various purposes; and WHEREAS, RCW 35 . 45 . 160 authorizes the establishment of consolidated local improvement districts for the purpose of issuing bonds only and provides that if the governing body of any municipality orders the creation of such consolidated local improvement district , the money received from the installment payment of the principal of and interest on assessments levied within the original local improvement districts shall be deposited in a consolidated local improvement district bond redemption fund to be used to redeem outstanding consolidated local improvement district bonds; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES ORDAIN as follows ; Section 1 . Consolidation of Local Improvement Districts . For the purpose of issuing bonds only, those local improvement districts of the City established by the following ordinances, respectively, the 30-day period for making cash payment of assessments without interest in each local, improvement district having expired in the case of the assessments for each local improvement district , are consolidated into a consolidated local improvement district to be known and designated as Consolidated Local Improvement District No. 331/335 : Assessment Balance Local Improvement Created by After 30-Day District No, Ordinance No . Prepayment Period 331 2763 $ 300,962 . 72 , . 335 2899 1,243 , 017 . 45 Section 2 . Creation of Bond Fund and Deposit of Assessments. There is created and established in the office of the City Finance Director for Consolidated Local Improvement District No. 331/335 a special consolidated local improvement district fund to be known and designated as Consolidated Local Improvement Fund, District No. 331/335 (the "Bond Fund" ) . All money presently on hand representing collections pertaining to installments of assessments and interest thereon in each of the local improvement districts listed in Section 1 shall be transferred to and deposited in the Bond Fund, and all collections pertaining to assessments on the assessment rolls of 2 - those local improvement districts when hereafter received shall be deposited in the Bond Fund to redeem outstanding Consolidated Local Improvement District No. 331/335 bonds . Section 3 . Description of Bonds . Consolidated Local Improvement District No. 331/335 bonds (the "Bonds" ) shall be issued in the total principal amount of $1, 543,980 . 17, being the total amount on the assessment rolls of Local Improvement Districts Nos . 331 and 335 remaining uncollected after the expiration of the 30-day interest-free prepayment period. The Bonds shall be dated March 1, 1991, shall mature on March 1, 2003, and shall be numbered from 1 to 309 , inclusive, in the manner and with any additional designation as the Bond Registrar (collectively, the fiscal agencies of the 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 ,980 , 17 and Bonds Nos . 2 to 309 , 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 March 1 , 1992 : Bond Numbers Interest ( Inclusive) Amounts Rates 1 to 31 $153 ,980 . 17 32 to 62 155, 000 . 00 63 to 94 160 , 000 . 00 95 to 126 160 , 000 . 00 - 3 Bond Numbers Interest (Inclusive) Amounts Rates 127 to 158 $160 , 000 , 00 159 to 189 155, 000 . 00 190 to 219 1501000,.00 220 to 249 150, 000 . 00 250 to 279 150 ,000 . 00 280 to 309 150 , 000 . 00 Section 4 , 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 shall 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 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 . 4 - Section 5 . Payment of Bonds . Both principal of and interest on the Bonds shall be payable solely out of the Bond Fund and from the Local Improvement Guaranty Fund of the City, and 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 . Sect ion. _ 6 . Optional Redemption of Bonds . The City reserves the right and option to 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 7 . Notice of Redemption. The City shall cause notice of any intended redemption of Bonds to be given not less than fifteen nor more than thirty days prior to the date fixed - 5 - 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 successor, and to such other persons and with such additional information as the City Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of Bonds . Section 8 . 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 6 - JLVI LI .1 UJ L e I L t• I C I III J It r c-1 U1 r,t..,• Y1L lu r . . . .+ —r � . .l -tt • v. a.�rrt r•• �• payment by giving notice of that call to the registered owner of that, Bond. Section 9 . Form and Execution of Bonds. The Bonds shall be printed, lithographed or typed on gdod bond paper in a form consistent with the provisions of this ordinance and State law, shal-1 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, Consolidated Local Improvement District No . 331/335 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 duly executed, authenticated and delivered and are entitled to the benefits of this ordinance. - 7 JUNI u 1 •l US l e l i cP N el LtJl.C .e .III a It �. ..i u. ,i.Ja�. _. � _ _. •,. _• 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 10 . 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 . - 8 - 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 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 11 . 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, to the extent arbitrage rebate requirements of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code" ) , are applicable to the Bonds, it will take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Bonds, including the calculation and payment of any penalties that the City has elected to pay as an alternative to calculating - 9 - JL.IVI UI •L U.] Lei L ell f/el UOLle It l Ill d 11 G1 -01 rlc•YVt V: c.. ..c -i. c � t : i. f\L.\l •�'.l li ._.1 rebatable arbitrage, and the payment of any other penalties if required under Section 148 of the Code to prevent interest on the Bonds from being included in gross income 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 12 . Bonds Negotiable, The Bonds shall be negotiable instruments to the extent provided by RCW 62A. 8-102 and 62A.8-105 . Section 13 . 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, ...L...0 V. L U 0 L liL ._ .._. 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 February 25, 1991 (the "Preliminary Official Statement" ) , prepared in connection with the sale of the Bonds . For the sole purpose of the purchaser ' s 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 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 14 , Interest Rate on Assessments . The interest rate on the installments and delinquent payments of the special assessments in Local Improvement Districts Nos . 331 and 335 is revised and fixed at the rate of % per annum. - 1L - Section 15 . Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. DAN rZELLEHER, Mayor ATTEST: MARIE JENSEN, City Clerk APPROVED AS TO FORM: Special Counsel and Bond Counsel for the City Passed the day of 1991 • Approved the day of 1991 , Published the day of 1991 . 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. (SEAL) MARIE JENSEN, City Clerk SLH-748* 12 - LEHMAN BROTHERS RICHARD B.KING SENIOR VICE PRESIDENT February 21, 1991 Mr. EA. McCarthy, Jr. Finance Director City of Kent 220 Fourth Avenue South Kent, Washington 98032-5895 Re: CLID No. 331 Dear Tony: Attached please find a draft Bond Purchase Contract for the upcoming sale of LID Bonds. It resembles the version that we utilized for the sale of LID No. 330 Bonds last Fall, but please call me with any comments or questions. In addition, our preliminary thoughts for interest rates would yield a net interest cost of approximately 6.80% for this issue. The municipal bond market clearly has benefitted from the downturn in rates since the first of the year. Please call me with any questions. Very truly yours, n Richard B. King RBK:ks 1745k cc: Roger Lubovich Don Wickstrom Marie Jensen Teri Mertes Joni Ostergaard LEHMAN BROTHERS DIVISION SHEARSON LEHMAN BROTHERS INC. AN AMERICAN EXPRESS COMPANY 999 THIRD AVENUE SUITE 4000 SEATTLE,WA 98104 206 344 5838 FAX 206 344 8073 . D $1,543,980.17 City of Kent, Washington Consolidated Local Improvement District No. 331 Bonds BOND PURCHASE CONTRACT March 5, 1991 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 $1,543,980.17 principal amount of Consolidated Local Improvement District No. 331 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 $1,543,980.17 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 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. 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 Iaws; 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; (S) 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 circuanstances 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 April 15, 1991, 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 Senior Vice President Public Finance - Seattle ACCEPTED by the City of Kent, Washington, this _th day of March, 1991. CITY OF KENT, WASHINGTON By Dan Kelleher, Mayor ATTEST: By Marie Jensen RBK:ks/0076C Enclosures -7- EXHIBITA DESCRIPTION I BONDS a Purchase Price: Per $100.00 par vakjo_ or which reflects an underwriting discount of, $__ _ _ _ -.1.11 phis accrued interest from ]March 1, 1991, to the (late of Closing. b. Denominations: $5,000 except for Bond No. 1, which shall be in the denomination of $3,980.17. c. Dated Date: March 1, 1991. d. Form: Fully registered v,,ith privileges of exchange at the expense of the Seller, C. Interest Payable: Interest will be payable annually on each March 1, beginning March 1, 1992. f. Maturity Schedule: Bonds shall inaturc, on March 1, 2003, and shall bear interest at the rates set forth below: Bond Interest Hand Interest Uos. Amount Rate Nqs. Amount Rate 1-31 $153,900-17 % 159- W9 $155,000 32-62 155,000 190-219 150,000 63-94 160,000 220-219 150,000 95-126 160,000 250-2/9 150,000 127-158 160,000 150,000 g. Net Interest Cost: Average Interest Rate: % Assessment Rate: % h. Redemption: The Seller reserves the right, to redeem the Bonds on any annual principal and interest paymcnit date at 100"',�, of par plus accrued interest to the date of redemption. i. Location and Estimated Closing Date: Seattle, Washington, March 21, 1991. j. Required Ratings of Bonds: None. k. Bond Counsel: Foster pepper & Shefelman. 1. Method of Payment: Federal Funds draft or wire. M. Offer Expires: Nlarch 5, 1991, 12:00 midnight. n. Liquidated Damages: $2,000. RBK:ks0076C. LEHMAN BROTHERS RICHARD B.KING SENIOR VICE PRESIDENT MEMORANDUM TO: Tony McCarthy Teri Mertes FROM: Richard B. King DATE: February 26, 1991 RE: City of Kent, Washington CLID No. 331/335 Attached please find information regarding our proposal for the above—referenced issue. Specifically, I have included a comparison of the proposed initial re—offering yields with three other LID issues, as well as the components of our proposed underwriting spread. The average interest rate on this issue is 6.38%, which means that the property owners' assessment rate is 6.88%. Operation Desert Storm has injected uncertainty into the market, but investors' fear about declining rates have forced municipal rates to their ten year lows, as illustrated in the attached charts. Please call me at 344-5838 with any questions. RBK:ks1753k Attachment LEHMAN BROTHERS DIVISION SHEARSON LEHMAN BROTHERS INC. AN AMERICAN EXPRESS COMPANY 999 THIRD AVENUE SUITE 4000 SEATTLE,WA 98104 206 144 5838 FAX 206 344 8073 CITY OF KENT, WASHINGTON CLID NO. 331/335 Proposed Pricing Information February 26, 1991 A. Comparison of Initial Re—Offering Yields Issue $1,543,980 $215,000 359,574 City of Kent City of Spokane City of Chelan CLID No. 331/335 CLID No. 184 LID No. 1989-1 Sale Date March 5 January 14 January 10 Underwriting Spread(5) $19.00 $19.53 $20.00 Net Interest Cost 6.73% 7.35% 7.36% NIC/RBI(1) 93.08% 100.41% 100.55% AV•Assessments(2) 22.5:1 28.2.1 Not Available Proposed Initial Initial Re-Offering Re—Offering Re—Offering Year Yields(3) Yields(3) Yields(3) 1992 5.25% 6.25% 6.20% 1993 5.60 6.40 6.40 1994 5.80 6.50 6.50 1995 6.00 6.60 6.60 1996 6.20 6.70 6.70 1997 6.30 6.80 6.80 1998 6.45 6.90 6.90 1999 6.55 7.00 7.00 2000 6.65 7.10 7.10 2001 6.75 7.20 7.20 2/2) ZL ZZ7 1/31 Revenue Bond Index(4) 7.23% 7.07% 7.08% 7.24% 7.31% 7.34% (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 Bond Buyer, this index provides a general indication of initial re—offering yields for 25—year revenue bonds. (5) Per $1,000 principal amount. B. Proposed Underwriting Discount Proposed City of Kent City of Kent City of Kent CLID No. 331/335 LID No. 330 CLIO No. 328 3/5/91 9/4/90 7/17/29 Per $1000 Per $1000 Per $1000 Principal Total Principal Total Principal Total Average Takedown $11.32 $17,478 $12.67 $51,107 $12.95 $21,980 Net to Underwriting 2.00 3,088 1.80 7,261 2.00 3,395 Expenses(1) 1.68 2,594 1.45 5,846 1.50 2,546 Management Fee 4.00 6,176 4.08 16,_458 4•00 6,789 Total $19-00 $29,336 $20.00 $80,672 $20.45 $34,710 (1) Breakdown as follows: Fed Funds and Day Loan $ 338 Official Statement Preparation 772 Mailing and Overnight Delivery(a) 484 Clearance 772 Other _28 2 4 (a) 105 x $ 2.56 14 x 14.50 42 x 0.29 1753k 0 i 1 1 1 O N A CA co O N A L V j C a to to ✓ I,� C 1 co w j N 0 Coto w 0 CL W � ` 0 pco m w 46 C. n 1 co `i" C o o`Oo Q' 0 Q rn CD `C C- � 0 Q. 1 ` t0 CO (D m ' �D Cfl 1 co w to D 1 cD C i 1 CL to w `i N 1 I � D o co sy n _ cn a 0 C- cn rn v ao G7 Ln Ln W V1 V al co N tD m co cr 4 C. ' � W 9 � �. 0 O d O ~ Q- r+ 00 00 CD C. l< 0 CD 3 c Q. .AZLx -v D r o CD = Q. i N � D O c W 0 _ m a w � Jl� Kent City Council Meeting Date March 5. 1991 Category Bids 1. SUBJECT: AUTOMATED SECURITY GATE 2. SUMMARY STATEMENT: Bid opening was held February 15 with two bids received. The low bid was submitted by Automated Equipment in the amount of $18,224. 13 for Option A as outlined in the bid documents. rTtC-:8 recommends& this bid be accepted. {- 3 . EXHIBITS: Bid summary and memorandum from Public Works Director 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: 1 f� 7 . CITY COUNCIL ACTION: J S� ! iGTV/'�o �A- Councilmember moves, Councilmember seconds the bid submitted by Automated Equipment in the amount of $18,224. 13 for Option A of automated security gate be accepted. DISCUSSION• ACTION• Council Agenda Item No. 5A ✓ DEPARTMENT OF PUBLIC WORKS February 27, 1991 TO: Mayor Kelleher and City Council FROM: Don Wickstrom RE: Automated Security Gate Bid opening was February 15 with two bids received. The low bid was submitted by Automated Equipment in the amount of $18,224 . 13 for Option A which included a new 30-foot sliding gate. This project is part of the Shops Security Improvements project which is designed to improve the security measures at the Operations facility. The budget for this project was approved in the 1990. It is recommended the bid from Automated Equipment in the amount of $18, 224 . 13 for the Security Gate be accepted. EQUIPMENT RENTAL DIVISION DATE: February 22, 1991 TO: Don Wickstrom, Director of Public Works FROM: Tim Heydon, Operations Manage iv Z� SUBJECT: Bid Recommendation On February 15th, 1991, we received bids for an Automated Security Gate for the shop yard. Only two firms submitted bids: 1) Quentin Control Systems NW Seattle, Washington 98168-4793 Bid with Option A: 30 foot sliding gate $18,045.31 Sales Tax 1,461.67 Total $19,506.98 Bid with Option B: using existing gates $22,321.12 Sales Tax 1,808.02 Total $24,129.14 2) Automated Equipment Seattle, Washington 98134 Bid with Option A: 30 foot sliding gate $16,843.00 Sales Tax 1,381.13 Total $18,224.13 Bid with Option B: using existing gates $19,960.00 Sales Tax 1,636.72 Total $21,596.72 Both firms have visited the shop and understand what is to be done. I recommend the bid be awarded to the low bidder, Automated Equipment, for Option A. JS/map cc: Jack Spencer Karen Siegel Dianne Sullivan E063CO2 CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE "/C. PUBLIC WORKS COMMITTEE �D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS �Y ; C't-t-e-- OPERATIONS COMMITTEE MINUTES February 12, 1991 COUNCIL MEMBERS PRESENT: Christi Houser Jon Johnson Paul Mann STAFF PRESENT: Norm Angelo Tom Brubaker Ed Chow Becky Fowler Roger Lubovich Tony McCarthy Alana Mclalwain Rose Nelson Kelli O'Donnell The meeting was called to order at 4:50 p.m. by Chairperson Christi Houser. Approval of Vouchers All claims for the period ending January 31, 1991 were approved for payment in the amount of $1,751,682.98. Additional Allocation of Fire Bond Interest Finance Director McCarthy distributed a fiscal note with the recommendations of the Internal Budget Committee to the Operations Committee Members. Fire Chief Angelo reviewed with the Committee the progress to date on the Public Safety Bond Projects for Radios/MDTs noting that every effort had been made to minimize costs including bidding the cost of the radio tower twice because of dissatisfaction with the bids. An additional$70,000 is requested to complete the backbone of the Radio and MDT system. If the additional funding is not approved, a cut in the amount of radio and MDT equipment would have to be made. It was also requested that$14,000 be approved for finalizing the construction projects in 1991. Of that amount$4,000 would be used for project management and $10,000 to hire a temporary part-time person with the technical expertise to install audio visual equipment and develop manuals and guidelines. A final request was made for $10,000 for facility maintenance and expansion of the East Hill Station. There have been problems in the adjacent lot and the funds would be used to secure the area. All of the above requests would be covered by accrued interest from the Public Safety Bond Project. Fire Chief Angelo requested that the interest be coordinated with Finance Director McCarthy and thanked the IBC for their input. He also requested permission from Committeemember Mann to forward this issue to the Consent Calendar instead of returning to the Public Safety Committee. Committeemember Mann concurred and asked what priority was being given to the traffic lights at the East/West Hill Stations. Fire Chief Angelo replied that their was an urgent need for an emergency 1 generator to power the door. Currently it is manually opened and the station is left unsecured. Additional CIP Projects will look at signals in the industrial area, East Hill and West Hill. Committeemember Johnson moved to approve the requested allocation of bond interest. Committeemember Mann seconded the motion. The item was approved with a vote of 3-0 and moved to the Council Consent Calendar. Suburban Cities Association Committeemember Johnson requested an added item for Suburban Cities Association Staffing for the Summit. Chairperson Houser approved the added item. Committeemember Johnson requested the Committee consider approval of funding for the Suburban cities Association. The assessment is based on population with the total cost of the process being approximately$30,000 Kent's portion would be $2,400. The Summit will look at governance process for the future, METRO and so forth. Finance Director McCarthy stated that the request was not known at the time of the budget but their may be some funds available from the Puget Sound Council of Governments line item because of our withdrawal from PSCOG. City Attorney Lubovich noted that it was still not known if we would have to pay for the full year pending what happens with PSCOG. Finance Director McCarthy informed the Committee that, if approved,it could be charged to the PSCOG line item and adjusted at year end if the full PSCOG amount is used. Committeemember Mann moved to approve$2,400 for the cost of the Suburban Cities Association Summit. Committeemember Johnson seconded and the motion was passed with a vote of 3-0. The meeting was adjourned be Chairperson Houser at 5:00 p.m. 2 MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- c',zbject: ADD'L ALLOCATION OF PUBLIC SAFETY BOND ISSUE INTEREST eator: Tony MCCARTHY / KENT70/FN Dated: 02/08/91 at 1750. THE FIRE AND POLICE DEPARTMENTS ARE REQUESTING THE ALLOCATION OF $94, 000 IN ADDITIONAL PUBLIC SAFETY BOND ISSUE INTEREST INCOME TO ORIGINAL PUBLIC SAFETY BOND ISSUE PROJECTS. THE INTEREST INCOME HAS ACCRUED BECAUSE THE COMPLETION OF THE PROJECTS IS COMING LATER THAN ORIGINALLY ANTICIPATED. THE ADDITIONAL INTEREST HAS BEEN COMPUTED CONSERVATIVELY WITH MORE TO BE EARNED IN 1991. ALSO AN AMOUNT HAS BEEN SET ASIDE TO PAY FEDERAL ARBITRAGE THAT IS DUE IN DECEMBER OF THIS YEAR FOR INTEREST EARNED ABOVE THE TAX EXEMPT BOND ISSUE RATE. IN DISCUSSING THIS AT THE IBC MEETING IT WAS NOTED THAT THE COUNCIL MAY WANT TO CONSIDER USING THE EXCESS INTEREST TO PAY BACK THE CIP FUND FOR ITS CONTRIBUTION 2 YEARS AGO FOR EXCESS COSTS ON THE WEST HILL PROJECT. IF THIS IS DONE, THE CURRENT REQUEST FOR ADDITIONAL FUNDING WILL HAVE TO BUMP OTHER PUBLIC SAFETY OPERATING OR CAPITAL ACQUISITIONS. THE IBC ONLY MAKES THIS POINT BECAUSE IF ADDITIONAL INTEREST HAD BEEN KNOWN ABOUT 2 YEARS AGO THAT WOULD HAVE BEEN AN OPTION ON THE WEST HILL PROJECT. WITH THIS POINT NOTED, THE IBC RECOMMENDS THE ALLOCATION OF INTEREST AS REQUESTED BY THE FIRE AND POLICE DEPARTMENTS . LGONA ENUMCL Suburban AUBURN FEDERAL PACIFIC BEND AUBURN FEDERAL WAY PACIFIC BEAUX ARTS HUNTS POINT REDMOND cote t i e s BELLEVUE KENTISSAQUAH RENTON BLACK DIAMOND KENT SEA-TAC BOTHELL KIRKLAND SKYKOMISH Asso ation CARNATION LAKE FOREST PARK TUKWILSNOQUALMIE j CLYDE HILL MEDINA TUKWILA DES MOINES MERCER ISLAND YARROW POINT DUVALL NORMANDY PARK OF KING COUNTY, WASHINGTON January 22 , 1991 RECEIVED JAN 2 41991 To: Mayors and Councilmembers OFFICE OF THE MAYOR From: Nancy Mathews, President Re: Governance Summit Assessment As you are aware, the 'Suburban. Cities Association .(SCA) is currently involved in discussions of regional governance with representatives of King County and The City of Seattle (the Summit) . The discussions are far ranging and may result in proposals for governance change in King County. At the beginning of the the Summit process, it was agreed by all parties that the costs of the process should be shared equally: We have now been able to estimate that the SCA share of the costs of the process will be between $25, 000 and $30, 000 . This includes the costs of consultant services; various printing, mailing, and support services for the SCA representatives to the Summit; and Summit meetings which the SCA will host. To fund the SCA portion of the costs and to establish an equitable sharing of the of the costs among our member cities, we have created a special assessment based upon population using official 1990 state population figures as a basis. To assure that we will have sufficient funds to cover the SCA proportion of the costs, the per city assessment is based upon a total budget of $30, 000 . At the end of the Summit, we will account for all costs and either rebate excess funds or reallocate funds to other SCA projects. For your convenience, I have attached an assessment roll so that you may check your population and assessment. You should send you payment to Mayor Fritz Ribary of North Bend who is the SCA Treasurer. I appreciate your immediate attention to this matter. If you should have any questions, please do not hesitate to contact me at your convenience. I would also encourage you to actively participate with your SCA colleagues in the Summit process. SUMMIT SUPPORT COSTS (SUBURBAN CITIES ONLY) CITY POPULATION $30,000 TOTAL (OFM '90 EST.) $0.064 PER CAPITA ALGONA 1,720 $110.82 AUBURN 34,150 $2,200.38 BEAUX ARTS 294 $18.94 BELLEVUE 88,890 $5,727.44 BLACK DIAMOND, 1.510 $97.29 BOTHELL 11,500 $740.98 CARNATION 1,255 $80.86 CLYDE HILL 3,090 $199.10 DES MOINES 15,490 $998.06 DUVALL 2,435 $156.89 ENUMCLAW 6,390 $411.73 FEDERAL WAY 63,980 $4,122.41 HUNTS POINT 504 $32.47 ISSAQUAH 7,390 $476.16 i KENT 37,440 $2,412.37 KIRKLAND 37,700 $2,429.12 LAKE FOREST PARK 2,800 $180.41 .MEDINA 2,960 $190.72 MERCER ISLAND 20,630 $1,329.25 NORMANDY PARK 6,620 $426.55 NORTH BEND 2,420 $155.93 PACIFIC 4,080 $262.89 REDMOND 35,420 $2,282.21 RENTON 39,340 $2,534.79 SEATAC 24,000 $1,546.39 SKYKOMISH 243 $15.66 SNOQUALMIE 1,545 $99.55 TUKWILA 10,820 $697.16 YARROW POINT 985 $63.47 TOTAL 465,601 $30,000.00 PUBLIC WORKS COMMITTEE FEBRUARY 19, 1991 PRESENT: Jim White Carol Morris Leona Orr Tony McCarthy Steve Dowell Myrtle LeChance Don Wickstrom Mr. and Mrs. Rust Tom Brubaker Lyle Price Gary Gill Myrtle LaChance Claim . Ms. LaChance submitted a written statement to the Committee (copy attached) . Wickstrom explained that the sewer main was constructed by Metro approximately 20 years ago. The City paid for the equivalence of an 8-inch line along the entire frontage of the properties and also paid for side sewer stubs for future connections. By providing these stubs, we eliminated a major expense for future connections. Wickstrom continued that the Public Works Department will review Ms. LaChance' s claim but based on the fact that we were not obligated to bring the stubs up and by doing so saved the properties connecting to the main a very significant expense, we will probably recommend denial of the claim. The City's insurance adjustor will then take action on the claim. White stated that the stub was actually almost in the middle of the street and that the stubs for the other homes in the area were at the proper depth. He questioned who was responsible for the stub being put in in the wrong location. Tom Brubaker suggested the claim be allowed to go through the normal process and then Ms. LaChance can choose to pursue the decision through Council. White explained to Ms. LaChance that her claim would be sent to the City' s insurance adjustor who will review it and make a determination and notify her of same. If she wants she can then bring it back before the Committee. Water Source Fencing Wickstrom explained that the 1990-94 CIP reallocated funds from the 1988 authorized Impoundment Reservoir fund for fencing of Kent Springs, Clark Springs and Armstrong Springs and that the Impoundment Reservoir improvements were then rebudgeted for 1992 . The funds were inadvertently transferred in the water operating fund. Wickstrom stated he is requested approval to transfer the money from the Water operating Fund into the Fencing project. The committee unanimously recommended approval. Public Works Committee February 19, 1991. Page 2 Proposed Resolution Outside City Water and Sewer Extensions Wickstrom stated he was suggesting a couple of modifications to the Resolution to 1) be sure the Resolution only addressed new services and would not affect our existing commitments and 2) address existing developments that may want to connect to the city's utilities. Wickstrom explained that by commitments he was referring to water/sewer availabilities that have already been granted. He added that existing developments don't generate any new traffic impacts. Addressing the issue of existing developments, Wickstrom stated that the proponents of LID 337 will be bringing this before the Council again. They were confused as to whether they should have attended the public hearing as our notices indicate that only those protesting the project should attend. Wickstrom pointed out there was in reality only about 10% of the assessed value that protested the project. There is 42% of the assessed value on record as being in favor of the project. Additionally, those that don't protest are counted as being in favor of the project. White asked if this resolution were passed if the City would be able to extend service outside the city to existing developments via an LID. After discussion, Dowell commented that he felt there should be something in the resolution that allows us to do that especially if requested by an authority such as the Health Department. White stated his intent with this resolution was to address new construction that adds additional traffic. He was not expressing concern about extending utilities to existing developments that would not be adding additional traffic. Orr and Dowell agreed with that. Morris stated that Wickstrom' s revisions of the resolution made that clear. Dowell expressed concerns about developments going in around the City with septic systems. Morris pointed out that the resolution does not change the status quo. Now the growth management act does not allow us to annex property outside the urban designated growth areas. We don't know what the urban designated growth areas are going to be as the County is responsible for that designation. In order for developments to get extension of utility services, petitions for annexation have to be signed. If we don't know where the urban growth areas area, we don't know where we can annex; thus, we can't extend utility services. The Committee unanimously recommended approving the amendments proposed by Wickstrom to the resolution and to take it before the Council. Public Works Committee February 19, 1991 Page 3 Scenic Hill Elementary Water Service Wickstrom stated that Scenic Hill Elementary is adding another building. The City's ordinance requires a separate meter for each building unless otherwise approved by City Council. Scenic Hill Elementary has requested to service both their buildings from one meter. Wickstrom stated the Public Works Department would support that request. The Committee unanimously recommended approval of the request. Street Utility Wickstrom stated he was requesting to hire an Engineer II, an Engineering Technician III and a part time Office Tech in order to begin the preliminary work for implementation of the street utility. IPC and IBC have reviewed the request but have not as yet made a determination. Dowell commented he was in favor of the street utility when it looked like the County would support the TBD. But without the TBD Dowell stated it looks as if the possibility of the corridors is somewhat limited. Wickstrom responded that the utility was proposed to complete the financing for the grants we already have. If the utility is not formed we can't put together the financing package and will lose the grants which total about $14 million. And the two portions of the 192nd/196th corridor included in this proposal are very important to Kent independent of the County. They relieve the .industrial area, S. 212th, etc. The funding for these two portions is in place with the formation of the street utility. Responding to Orr' s questions, Wickstrom indicated the street utility will provide about $4 million over a five year period. And with the sewer and water utilities absorbing the utility tax, the general fund will actually realize an increase in revenue due to the utilities paying the utility tax on their entire revenue base and not just their inside city customers. Currently the customers outside the City do not pay the utility tax. The Committee deferred any action until recommendations have been received from IPC and IBC. Van Doren's Landing Phase I Request to Segregate LID Assessments Wickstrom explained this was a request to segregate the LID assessments associated with dedicated rights of way in the plat. The Committee unanimously recommended approval of the segregation. Public Works Committee February 19, 1991 Page 4 Other White added that Councilmember Houser had requested a street light at Military Road and 38th rather than a street signal as had been previously discussed. Mr. and Mrs. Rust stated the drainage ditch by their property was overflowing onto their property. This has never occurred before and Mr. Rust suggested perhaps this was because the Trammell Crow development had plugged up the ditch. Wickstrom stated he would have it checked out. tl : . l ✓J iL4/Ll� li1�✓� `t �K. Lt�C