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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 04/02/1991 ................... .............. I'x ... ........ Colt of Kent 1�ry li X.- ulty Cou nci I Meeti ng .�. Agenda ..... ....... CITY OF mi Mayor Dan Kelleher Council Members Judy Woods, President X.X... Steve Dowell Paul Mann Christi Houser Leona Orr Jon Johnson Jim White April 2, 1991 Office of the City Clerk . .. ... ... .................. .... ..... .. .... . .. ......... ....... ......... .... . ......... .. ................. .................. ............ .... . ...... CITY COUNCIL MEETING April 2 , 1991 Summary Agenda City of Kent Council Chambers office of the City Clerk 7 : 00 p.m. dA�1(�'RA NOTE: An explanation of the agenda format is given on the back of this page. ✓CALL TO ORDER DROLL CALL 1. ✓ PUBLIC COMMUNICATIONS VA. Employee of the Month 2 . PUBLIC HEARINGS --X� 1991 CDBG Local Program Policies Amendment -j -' 1992 CDBG Funding and Local Program Policies �! Puget Power Substation - Appeal LID 336 - East Valley Highway Improvements Ordinance LID 338 - Westview Terrace Sanitary Sewers 3 . CQNSENT CALENDAR Minutes ,g: Bills ,,C ' Golf Cart Acquisition -B: Street Utility Staffing Service Agreement - Federal Way strict I.A.C. Grant - Riverview Park - Resolution„(��7 I.A.C. Grant - Scenic Hill Park Resolutionj;2 ?�1 4 . OTHER BUSINESS Olympic Pipeline Franchise „ Ordinanc -� ��;�, 5. IDS 6. CONTINUTED COMMUNICATIONS 7 . REPORTS - Budget Status and C.I.P. Kickoff 8 . EXECUTIVE SESSION, IF NECESSARY 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 ry 1 I ,/,L.k'4/'rn- Kent City Council Meeting Date April 2 . 1991 Category Public Hearings 1. SUBJECT: 1991 CDBG LOCAL PROGRAM POLICIES AMENDMENT 2 . SUMMARY STATEMENT: This public hearing will consider the approval of the proposed Amendment to the Local Program Policies for the 1991 Kent Community Development Block Grant (CDBG) Program as recommended by the Council's Planning Committee. This proposed Amendment includes eliminating all priority emphasis given to the Neighborhood Strategic Area (NSA) . .gge(n-i€ 1-Iy, _a rev-ision to the Housing policy sate-gory is `PreposLsd 3 . EXHIBITS: Memo and Planning Committee minutes 4. RECOMMENDED BY: Planning 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: OPEN HEARING: PUBLIC INPUT• CLOSE HEARING: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember V"Y�a-'VW- seconds To accept the Council Planning Committee's recommendation of the proposed Amendment to the Local Program Policies for the 1991 Kent CDBG Program. DISCUSSION: ACTION• Council Ager da Item No. 2A CrU-Y OF Aenk CITY OF KENT acla PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM March 25, 1991 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: ALICE SHOBLANNER SUBJECT: 1991 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) LOCAL PROGRAM POLICIES AMENDMENT The City Council adopted Local Program Policies for this year's Community Development Block Grant (CDBG) program in March, 1990. The 1991 Local Program Policies emphasized projects which would serve residents residing in the Neighborhood Strategic Area (NSA) which is a mapped area consisting of the Central Business District, North Park, South of Willis, and Lower Scenic Hill neighborhoods. When the NSA was established in the mid-19701s, it was identified as the concentrated area of low and moderate income residents in the City of Kent. In the fall of 1990, a study entitled "Needs Survey of Kent Neighborhood Strategy Area and Target Areas" was conducted by the Planning Department. One of the primary objectives of the study was to identify areas outside the NSA with a concentration of low and moderate income individuals. The study confirmed that low and moderate income individuals are no longer concentrated in the four neighborhoods listed above. Rather, there are also small pockets of low and moderate income residents scattered throughout the city. The Kent Housing Repair Services Program is currently our only CDBG funded program which uses the NSA to determine service priority within the program. Currently, applicants residing inside the NSA will receive priority (unless the repair is an emergency) , over those residents living outside the NSA. The Housing Repair Services Program was approved for funding last year because it addressed a need identified in the Housing category of the 1991 CDBG Local Program Policy. The Housing policy category currently reads: Projects will be encouraged which lead toward preservation or expansion of housing occupied by low- and moderate-income residents of Kent with priority given to the Neighborhood Mayor Dan Kelleher and City Council Members March 25, 1991 Page 2 Strategy Area. (Emphasis added. ) While the city's current Housing Repair Program and assistance to emergency and transitional housing programs should be continued, new methods of meeting housing needs may also be considered. The Needs Assessment Study completed by the Planning Department last November clearly shows that our NSA boundries are outdated. The Kent Planning Department recommends that the NSA be eliminated rather than expanded for the following reasons: 1. There is no federal program requirement mandating designation of an NSA. 2 . The low- and moderate-income neighborhoods are no longer contiguous and, therefore, distinct boundaries are difficult to map. 3 . A primary goal of the CDBG program is to address need of low- and moderate-income families. The need throughout Kent will be addressed more fairly. 4 . The Home Repair Services Program requires income verification from every applicant, therefore, income eligibility is verified on a case by case basis. The City Council Planning Committee reviewed the 1991 CDBG Local Program Policy Amendment at its March 19 meeting and recommended approval. Recommended Action 1. Amend the 1991 Local Program Policies to eliminate any specific emphasis on the Neighborhood Strategic Area. Specifically, amend the Housing Section of the 1991 Local Program Policies to read: Housing Projects will be encouraged which lead toward preservation or expansion of housing occupied by low- and moderate-income residents of Kent. While the city's current Housing Repair Program and assistance to emergency and transitional housing programs should be continued, new methods of meeting housing needs may also be considered. ALS: ljh: \cdbg\91april4 . cc cc: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Planning Department City Council Planning Committee March 19, 1991 elementary and Junior High boundaries. The reason they have a serious problem is because they have for the second time in a row failed to have a bond issue approved, which would have provided two additional elementary schools and an additional Junior High School. Therefore, Mr. Fountain stated the Federal Way School District has a real interest in this whole subject of impact fees for schools and in growth management. They are not opposed to growth and think halting all growth is not the answer. They cannot keep up with the pace of providing facilities to students. He said he hopes that an ordinance would be drawn up that is compatible to all the school districts involved. Paul Bray, representing the Highline School District, stated that only half of their district is in King County and it was important that all five cities around them develop continuity for economic reasons. Dick Lowell spoke representing the Master Builders Association said he doesn't feel it is fair to spread impact fees area-wide. 1991 CDBG LOCAL PROGRAM POLICIES AMENDMENT (A. Shobe) Planner Alice Shobe summarized the background on this amendment- as mentioned in the Agenda packet. In the fall of 1990 a study entitled "Needs Survey of Kent Neighborhood Strategy Area (NSA) and Target Areas" was conducted by the Planning Department. One of the primary objectives of the study was to identify areas outside of the NSA with a concentration of low and moderate income individuals. The study confirmed that low and moderate income individuals are no longer concentrated in just the four target neighborhoods. The Kent Housing Repair Services Program is currently the only CDBG funded program in the County which uses the NSA to determine service priority within the program. Ms. Shobe stated that the Kent Planning Department recommends approval of the proposed Amendment to the Local Program Policies for the 1991 Kent Community Development Block Grant (CDBG) Program. This proposed Amendment includes eliminating all priority emphasis given to the Neighborhood Strategic Area (NSA) . Specifically, a revision to the Housing policy category is proposed. Councilmember Christi Houser made the MOTION to support this Amendment and to forward this to full Council as a Public Hearing on April 2nd. Councilmember Leona Orr SECONDED it and the motion CARRIED. 1992 CDBG FUNDING & LOCAL PROGRAM POLICIES (A. Shobe) Planner Alice Shobe explained that the City Council needs to take action on five items for the 1992 Community Development Block Grant (CDBG) Program. The Human Services Commission has approved the Public (human) Services portion of the Program Policies and the allocation of the Community 3 Kent City Council Meeting Date April 2 . 1991 Category Public Hearings 1. SUBJECT: 1992 CDBG FUNDING & LOCAL PROGRAM POLICIES 2 . SUMMARY STATEMENT: This public hearing will consider five action items — --1�} ) which include$ the adoption of the Local Program policies for the 1992 Kent Community Development Block Program (CDBG) as recommended by the Council's Planning Committee and by the Human Services Commission. The estimated amount of funds available for the 1992 Program is $183 , 146. 3 . EXHIBITS: Memo, Human Services Commission and Planning Committee minutes 4 . RECOMMENDED BY: Planning 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: OPEN HEARING: PUBLIC INPUT• CLOSE HEARING: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds To accept/ the five action items which includes adoption of the Local Program Policies for the 1992 Kent CDBG Program as recommended by the Council's Planning Committee. DISCUSSION• ACTION: Council Agenda Item No. 2Bi «4Y OF'7F4J2 U CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM March 25, 1991 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: ALICE SHOBOkANNER SUBJECT: 1992 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) LOCAL PROGRAM POLICIES AND FUNDING Background Again this year, the City of - Kent qualifies to receive "pass- through" funds for its 1992 Community Development Block Grant Program. The City has received its estimate for 1992 funds from King County. The estimate of $183, 146 is approximately $2 , 000 lower than the original estimate received last year. However, last year's estimate was raised significantly to $240, 129. It appears that our total CDBG allocation will decrease in 1992 because President Bush has proposed reducing CDBG funds by approximately ten percent. However, it is likely that the estimated entitlement will increase slightly due to program income earned from our Home . Repair Program throughout the remainder of 1991 and recaptured funds. The City Council needs to take five actions: C) Receipt of Funds The City of Kent needs to inform the County whether it elects to receive the "pass-through" funds again this year or to compete for funds. The Planning Department recommends that the City accept the pass-through funds in lieu of the competitive funds. This recommendation is based on the following: a) With pass-through funds, the City is guaranteed a funding level far greater than that received in the years prior to the availability of the "pass-through" option. The only funds guaranteed previously were the "pop fund" monies, which in 1986 were approximately $94, 000 for the City of Kent. b) If the City does not elect to take the pass-through monies, Kent is not guaranteed the receipt of any CDBG Mayor Dan Kelleher and City Council Members March 25, 1991 Page 2 funds. Kent would have to compete with the County and other cities for all funds. c) The pass-through alternative maximizes the City's discretion in use of funds. The City will be able to plan its own programs based on its own community needs without having to compete for funds to implement the projects. ( 2 .; Public (Human) Services Funding If the City chooses tq accept pass-through funds, it can reserve the maximum of its fair share of public services dollars. If the City does not reserve the right to use this amount of funding for human services, another city can request the use of any unreserved ceilings. In order to retain the maximum flexibility in the use of its CDBG funds, and to continue in its present support for human services, the Planning Department recommends that the City of Kent notify the County that it wishes to reserve the maximum dollars available ($35, 743) for human services. 3 . Planning and Administration Funds As with human services, the City has a maximum of its CDBG funds that can be spent for Planning and Administration. The maximum amount which can be reserved is seven (7) percent of its pass-through allocation. In 1990, Planning & Administration funds were used to do a community needs assessment to assist the City in setting funding priorities for its CDBG money. Since this study was recently completed, there is not an immediate need in 1992 for the City to reserve a large amount of the CDBG money for Planning and Administration. A small amount should be set aside to pay for communications, printing, and supplies. Staff feels that the rest of the amount which could be allocated to Planning and Administration would be better spent by leaving it in our general pot of money to be spent for other needed projects. For this reason, the Planning Department recommends that the City of Kent notify the County that it wishes to reserve only one-half of one percent ( . 005%) of its 1992 CDBG funds for Planning and Administration ($916) . \J Local Program Policies Background The development of Local .Program Policies is an annual federal requirement for the receipt of Community Development Block Grant (CDBG) funds. It is necessary to readopt Kent' s CDBG Program Policies each year. The attached draft of Kent' s 1992 CDBG Local Program Policies is a description of our local Mayor Dan Kelleher and City Council Members March 25, 1991 Page 3 strategies for the use of CDBG funds. These draft policies form the basis for decisions pertaining to allocation of CDBG funds in the City of Kent. The Human Services Commission reviewed the Public (Human) Services Policy at their February meeting and recommends adoption of the policy as proposed in the draft document. Local Program Policy Changes from 1991 A Elimination of the Neighborhood Strategic Area (NSA) In past ears our policies have encouraged projects p Y P g p ] within the Neighborhood Strategic Area (NSA) , a mapped portion of the city which included the Central Business District, North Park, South of Willis and Lower East Hill neighborhoods. This area was emphasized because the low and moderate income households were primarily clustered within this area in Kent. As explained in the memo regarding the proposed amendment to the 1991 Local Program Policies, a needs survey completed in 1990 revealed that pockets of low- and moderate-income families are living throughout Kent. In order to retain consistency with CDBG program goals, all reference to the NSA has been eliminated in the proposed 1992 Local Program Policies. /B) Expanded Emphasis on Regional Projects You will note under Part III "Needs Assessment" of the attached Local Program Policies, that a second section entitled "Regional Needs" was added. The Local Program Polices for 1991 emphasized the importance of regional programming and acknowledged Kent' s commitment to exploring and supporting regional funding systems. The commitment made in 1991 remains in the 1992 Local Program Policies, however there is acknowledgement of a new regional public services funding system targeted for emergency shelter programs and "one-time-only" projects. For the 1992 program year, new federal guidelines regarding calculating the CDBG public service ceiling have been adopted. For the first time, program .income can be added to the annual entitlement prior to calculating the fifteen percent public (human) services ceiling. This will create additional public service capability for the Consortium, but will not increase total CDBG entitlement funds. Mayor Dan Kelleher and City Council Members March 25, 1991 Page 4 The 'Consortium has created a program whereby the funding potential created by the additional public services ceiling will be dedicated to a regional funding pot. This funding pot, entitled "The Consortiumwide Emergency Shelter System" will be administered by King County. Emergency shelter programs have been targeted because homeless . individuals do not usually have strong associations with one jurisdiction. Each Consortium City has the opportunity to donate their portion of Community Development Interim Loan (CDIL) program income to this regional emergency shelter fund. The program estimate for the City of Kent is $9 , 597. If this amount is not donated to the regional shelter fund, the City of Kent will retain the money for capital CDBG projects. CDIL program income will vary significantly from year to year; therefore, the public services entitlement will vary. In years when the public service entitlement allocated to the emergency shelter program is increased, the additional funding will be designated to regional one-time-only projects. Allocations will be balanced between south county and east county. Examples of one- time-only regional projects include: a new van for a regional multi-service center or V/TDD phones for the hearing impaired. In the past, one time projects have had difficulty obtaining local funding because on-going programs have received preference. 5. Consortiumwide Emergency Shelter System Funds The Citymust determine if it will participate in the newly developed Consortium Emergency Shelter System. The Planning Department Recommends that the City allocate $9,597, the full amount of Community Development Interim Loan (CDIL) Program Income to the Consortiumwide Emergency Shelter System. This recommendation is based on the following: 1. There is an increased awareness of the need to build regional systems to address critical human services needs which cannot be as effectively met on the local level. 2 . The City of Kent has seen an increased demand for public (human) services dollars in recent years. Agencies report that capital funding is available from private sources and public state programs. Therefore, they are desperately seeking public service money to subsidize operating costs. If the City of Kent chooses to retain the CDIL program income, the money must be allocated for capital CDBG projects because the public service Mayor Dan Kelleher and City Council Members March 25, 1991 Page 5 "ceiling" has been raised for the entire Consortium, not individual cities. 3 . Homeless families and individuals in 'need of emergency services has increased significantly in recent years. The City of Kent has responded to some of the local need by providing emergency funding for a severe weather voucher program. This gives the City an opportunity to enhance their commitment to addressing the plight -of the homeless. 4 . King County has provided a significant amount of funding for homeless programs within the City of . Kent. Currently, King County funds eight units of YWCA transitional housing in Kent. (The .City of Kent does not provide any funding for this program. ) The County has also provided matching funds for capital projects serving homeless people within the City limits. , Allocating funding to the regional pot will ensure that King County continues to fund public service programs within incorporated cities. The City Council Planning Committee reviewed the '1992 CDBG funding information and policies at its March 19 meeting and recommended approval of all five actions as presented. The Human Services Commission also reviewed the public (human) services and CDIL program income allocations and recommended approval as presented. Recommended Action 1. Approval by City Council to accept 1992 Pass-Through funds. 2 . Allocation of the City's fair share maximum of 1992 Pass- Through funds ($ 35,743) to Public (Human) Services. 3 . Allocation of . 005% ($916) of 1992 Pass-Through funds to Planning and Administration. 4 . Approval of the proposed 1992 Local Program Policies. 5. Allocation of Community Development Interim Loan (CDIL) program income ($9 , 597) to the Consortiumwide Emergency Shelter System. The City' s action on these five items needs to be forwarded to King County by April 8, 1991. ALS: ljh: 1992cc.mem cc: James P. Harris, Planning Director Fred Satterstrom, Planning Manager PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 1992 LOCAL PROGRAM POLICIES CITY OF KENT I. INTRODUCTION The City of Kent' s 1992 Local Program Policies summarize the City's housing and community development needs and outlines ' policies and priorities for use of Community Development Block Grant (CDBG) funds: The City of Kent receives federal CDBG funds through a county-wide consortium, therefore these Local Polices are also part of the 1992 King County CDBG Consortium Policy Plan. II. BACKGROUND Existing predominately as an agricultural area for many years, the City of Kent, - incorporated in 1890, has developed a suburban character as a result of the rapid growth in Seattle and the Puget Sound area. The City's residential character is varied and divided greatly by natural topography. The residential areas in the valley, clustered mostly around the downtown consist primarily of single family homes built in the early to mid 1900s. The east and west hills of Kent have seen significant single family and multifamily dwelling residential growth in the later half of this decade. The east hill continues to develop rapidly as more land is annexed into the City. The valley floor, outside of the downtown has developed with primarily industrial, commercial, and retail uses. The City of Kent occupies roughly nineteen square miles, with a population of approximately 37, 960. According to the most recent census estimates (1980) , approximately 30 percent of the City' s population are 19 years or younger, and 15 percent are seniors (55 years or older) . Over 40 percent of the City's residents are estimated to be of low and moderate income. In the past the low and moderate income households were concentrated in and around the original townsite, which includes the Central Business District. According to recent studies, pockets .of low and moderate income families in both owner occupied and rental dwellings are scattered on the east and west hills as well. III. NEEDS ASSESSMENT A. Local Needs Since the inception of the CDBG program in the City of Kent, a target area or a "Neighborhood Strategy Area (NSA) " was designated to receive a predominate share of the City's CDBG allocation. The NSA was originally mapped to include the largest concentration of low and moderate income residents. The NSA included four neighborhoods located in the valley of Kent: North Park, South of Willis, Lower East Hill and, the Central Business District. In November, 1990 a study entitled "Needs Survey of Kent Neighborhood Strategy Area and Target Areas" was published. One of .the primary objectives of the study .was to identify areas outside of the NSA with a concentration of low and moderate income individuals. The study confirmed that low and moderate income individuals are no longer concentrated only in the four neighborhoods listed above. Rather, there are smaller pockets of low and moderate income residents, not associated with a particular neighborhood or housing type, which are scattered throughout the city. The primary purpose of Kent's CDBG program is to address the needs of the city's low and moderate income residents and to follow the related goals, objectives and policies of the Kent Comprehensive Plan. In order to remain consistent with the Community Development Block Grant Program purpose, the NSA has been eliminated. In order to determine eligibility for area wide projects the most recent census data available will be evaluated by census 'block. This change is , policy from previous years will guarantee equal funding opportunity for projects addressing the needs of low and moderate residents throughout Kent. B. Regional Needs The City of Kent realizes that there are regional needs that cut across all jurisdictions within the Consortium. Currently, the City is addressing some of these needs by funding two regional agencies which provide emergency housing and services to low and moderate income residents and a sub- regional health care facility. Theses programs currently receive money from the City of Kent, the County, and neighboring cities. For the 1992 program year new federal guidelines for calculating the CDBG public service ceiling have been adopted. For the first time program income can be added to the annual entitlement prior to calculating the fifteen percent public (human) services ceiling. This will create additional public service capability for the Consortium but will not increase total CDBG entitlement. King County has proposed dedicating a portion of the additional public services ceiling to a Consortiumwide emergency shelter system. Funds previously allocated to Consortium cities for capital projects may be allocated to this regional public services pot designated for emergency shelter programs. The funds will be distributed to shelter 2 programs throughout the county. Emergency shelter programs have been targeted because homeless individuals do not often have strong associations with one jurisdiction. Program income will vary significantly from year; therefore, the public services entitlement will vary. In order to create stable funding for emergency shelters only a predictable level will be allocated each year for shelter programs. The remaining funding will be designated to regional "one-time only" projects. Allocations will be balanced between south county and east county. Examples of one-time-only regional projects include: a new van for a regional multi-service center or TTD phones for the hearing impaired. In the past, one time projects had difficulty obtaining local funding because on-going programs are preferred. The one-time-only program will alleviate some of this burden. The City of Kent supports this new regional funding program designed to fund emergency shelter and one-time-only projects. The City acknowledges that this new funding pot can not fund the entire regional shelter system. However, the Consortiumwide emergency shelter system is a step toward regional thinking in the provision of public services. In the event that future mechanisms are developed to address regional/Consortiumwide needs, the City will consider further contributing its fair share for programs which demonstrate a benefit for the citizens of Kent. IV. PROJECT CATEGORIES AND POLICIES The seven categories listed below are priorities the City of Kent has identified for their 1992 Community Development Block Grant program. Project applications which address one or more of the following goals are encouraged. Housing Projects will be encouraged which lead toward preservation or expansion of housing occupied by low and moderate income residents of Kent. The City of Kent's dousing Repair Services Program should be continued; for it addresses the needs of low and moderate income home owners. Emergency and transitional housing projects which currently serve homeless or special needs persons are emphasized, however new programs which provide shelter or permanent housing shall be considered. 3 Public (Human) Services Projects should provide essential public services to low and moderate income persons. This may include programs which provide health care, counseling and therapy, child care, family support, support to seniors and persons with disabilities, job training, transportation, emergency & transitional. housing and support services, and other services that meet demonstrated needs. Streets, Walkways, and Architectural Barriers Pedestrian walkways, . free of impediments to access are important in neighborhoods where a large number of children, elderly, and persons with disabilities reside. The following types . of physical improvements are encouraged in eligible neighborhoods throughout Kent: projects that improve pedestrian circulation and safety; projects that link residential areas to the downtown or to community facilities and services; projects that help implement or complement the Downtown Improvement Plan; projects that improve storm drainage conditions where there exists a threat to the health or safety of .the residents. Many existing publicly or privately owned housing units and commercial buildings and other non-residential structures do not currently meet federal barrier free standards. Any' project which removes architectural. barriers which restrict mobility of persons with disabilities or the elderly are also encouraged. Community Facilities Past CDBG funding has contributed to a number of community facilities used by the city's low and moderate income population. Past projects include design of the Kent Senior Center; acquisition of a youth services facility; acquisition of a facility to house an agency providing low income and elderly persons emergency services; and construction of the South King County Community Health Center. Funding requests may be considered to assist in design, acquisition,, and/or construction or other facilities benefiting Kent' s low and moderate income, elderly, or disabled residents. Parks Park projects to be encouraged are those which serve low and moderate income neighborhoods and/or other target populations,. i.e. , handicapped residents. Parks projects may include rehabilitation of existing park facilities and establishment of new facilities, for which funds are not elsewhere available. 4 Historic Preservation Kent's inventory of historic structures locates a number of potentially significant buildings within Kent. Rehabilitation of publicly or privately owned structures is an eligible use of CDBG funds, provided that the project meets one of the national objectives. Projects which serve low and moderate income residents will be favored. Planning and Administration Funds will be used Tor staff support to plan and manage Kent's CDBG program and to identify and assess ,the needs in the community. This will ensure adequate project implementation, fiscal control, planning, and contract compliance to ensure CDBG funds provide maximal benefit to low and moderate income residents in Kent. Additional Evaluation Criteria The following criteria may be considered in addition to the categorical priorities listed above: 1. Feasibility, timeliness, urgency. 2 . Compliance with the policies outlined in the Kent Comprehensive Plan. These policies include needs for housing and other physical improvements, as well as needs for critical human services. 3 . Compliance with the federal objective to reduce slum and blight. 4 . The extent to which the needs of very low income citizens or special populations, including abused children, battered spouses, elderly persons, handicapped persons, homeless persons, illiterate persons, or migrant farm workers, are addressed. 5. The extent to which regional needs are addressed. City of Kent Planning Department March 25, 1991 5 KENT HUMAN SERVICES COMMISSION MINUTES OF FEBRUARY 28, 1991 MEETING PAGE 3 Lin sent a thank you note to each of the three resource people who spoke to the Commission. Lin Ball updated the Commission on the retreat topic of tying in the Roundtable at the local level. A planning meeting was held on February 28 to determine how the DAWN shelter model will be set into place. It was decided to have one large meeting and skip the first staff meeting. DAWN felt it would be more helpful for them to do some one-on-one contacts with the staff of the various cities, prepare the plan, and then have one meeting that would bring together all the advisory bodies. That meeting is targeted for the first -week of April. NEW BUSINESS CDBG - 1992 PUBLIC (HUMAN) SERVICES POLICY Alice Shobe presented the Commission with the proposed 1992 Kent CDBG Program Policy, Public (Human) Services section, to add emergency and transitional housing and support services as additional programs. It was MOVED and Dee Moschel SECONDED the motion to approve and recommend this change to the Planning Committee for presentation to the City Council. Motion carried. Lin Ball updated the Commission on a change in federal guidelines regarding calculating the CDBG public service ceiling. For the first time, program income can be added to the annual entitlement prior to calculating the 15 percent public (human) services ceiling. This will create additional public service capability for the King County Consortium but will not increase total CDBG entitlement funds. The Consortium has created a program whereby the funding potential created by the additional public services ceiling can be dedicated to a regional funding pot. This funding pot, entitled "The Consortiumwide Emergency Shelter System" will be administered by King County. Each Consortium City has the opportunity to donate their portion of Community Development Interim Loan program income to this regional emergency shelter fund. If this money is not donated to the regional shelter fund, the City of Kent will retain the money for capital CDBG projects. In years when the public service entitlement allocated to the emergency shelter program is increased, the additional funding will be designated to regional one-time-only projects, for example, a new van for a regional multi-service center or V/TDD phones for the hearing impaired. KENT HUMAN SERVICES COMMISSION MINUTES OF FEBRUARY 28, 1991 MEETING PAGE 4 Jean Archer MOVED and Susan Ramos SECONDED a motion to recommend to the Planning Committee that the City of Kent allocate the full amount of Community Development Interim Loan Program Income to the Consortiumwide Emergency Shelter System and regional one-time only projects. Motion carried. CDBG NEEDS ASSESSMENT Alice Shobe distributed a copy of a study entitled "Needs Survey of Kent Neighborhood Strategy Area and Targeted Areas" which was conducted in the fall of 1990. The primary objective of the study was to identify areas outside of the Neighborhood Strategy Area (NSA) with a concentration of low and moderate income individuals. The study confirmed that there are small pockets of low and moderate income residents which are scattered throughout the city, outside of the NSA. - Alice stressed that the survey did not target every resident of Kent, only low income neighborhoods. Chairman Eckfeldt suggested everyone look over the survey and at the next meeting Alice could give a short assessment of the findings. REVIEW YEAR-END REPORTS FROM FUNDED AGENCIES Rachel McCurdy summarized the year-end statistical report from the funded human service agencies. No concerns were expressed on these year-end reports. It was noted that the new report format made for easier reading. Lin Ball noted the new 1991 contracts are asking for quarterly narratives as well as statistical information. This should help determine if agencies are on target before year-end. REPORTS HUMAN SERVICES ROUNDTABLE The main priority for the Roundtable is currently the DAWN shelter project. SOUTH KING COUNCIL OF HUMAN SERVICES Chairman Eckfeldt stated the Council tried to advocate with Valley Medical Center regarding the psychiatric ward, however, the hospital has. decided to go ahead and close the unit. Planning Department City Council Planning Committee March 19, 1991 elementary and Junior High boundaries. The reason they have a serious problem is because they have for the second time in a row failed to have a bond issue approved, which would have provided two additional elementary schools and an additional Junior High School. Therefore, Mr. Fountain stated the Federal Way School District has a real interest in this whole subject of impact fees for schools and in growth management. They are not opposed to growth and think halting all growth is not the answer. They cannot keep up with the pace of providing facilities to students. He said he hopes that an ordinance would be drawn up that is compatible to all the school districts involved. Paul Bray, representing the Highline School District, stated that only half of their district is in King County and it was important that all five cities around them develop continuity for economic reasons. Dick Lowell spoke representing the Master Builders Association said he doesn't feel it is fair to spread impact fees area-wide. 1991 CDBG LOCAL PROGRAM POLICIES AMENDMENT (A. Shobe) Planner Alice Shobe summarized the background on this amendment as mentioned in the Agenda packet. In the fall of 1990 a study entitled "Needs Survey of Kent Neighborhood Strategy Area (NSA) and Target Areas" was conducted by the Planning Department. One of the primary objectives of the study was to identify areas outside of the NSA with a concentration of low and moderate income individuals. The study confirmed that low and moderate income individuals are no longer concentrated in just the four target neighborhoods. The Kent Housing Repair Services Program is currently the only CDBG funded program in the County which uses the NSA to determine service priority within the program. Ms. Shobe stated that the Kent Planning Department recommends approval of the proposed Amendment to the Local Program Policies for the 1991 Kent Community Development Block Grant (CDBG) Program. This proposed Amendment includes eliminating all priority emphasis given to the Neighborhood Strategic Area (NSA) . Specifically, a revision to the Housing policy category is proposed. Councilmember Christi Houser made the MOTION to support this Amendment and to forward this to full Council as a Public Hearing on April 2nd. Councilmember Leona Orr SECONDED it and the motion CARRIED. 1992 CDBG FUNDING & LOCAL PROGRAM POLICIES (A. Shobe) Planner Alice Shobe explained that the City Council needs to take action on five items for the 1992 Community Development Block Grant (CDBG) Program. The Human Services Commission has approved the Public (human) Services portion of the Program Policies and the allocation of the Community 3 Planning Department City Council Planning Committee March 19, 1991 Development Interim Loan (CDIL) Program Income to the new regional funding pot. It is recommended that action on these items be forwarded to the full Council for a Public Hearing on April 2, 1991. Leona Orr made the MOTION, Christi Houser SECONDED it, and the motion CARRIED to approve the following five action items including the adoption of the Local Program Policies for the 1992 Kent Community Development Block Grant (CDBG) Program submitted by the Planning Department. The estimated amount of funds available for the 1992 Program is $183 , 146. The five action items are as follows: 1. Approval by City Council to accept 1992 Pass-Through funds. 2 . Allocation the City's fair share maximum of 1992 Pass-Through funds ($35,743) to Public (Human) Services. 3 . Allocation of . 005% ($916) of 1992 Pass-Through funds to Planning and Administration. 4. Approval of the proposed 1992 Local Program Policies. 5. Allocation of Community Development Interim Loan (CDIL) program income ($9, 597) to the Consortiumwide Emergency Shelter System. RESOLUTION CHALLENGING COUNTY PLATS FOR TRAFFIC MITIGATION (Jon Johnson) Councilmember Leona Orr reported that this resolution went to the Public Works Committee on March 19th with approval by only two votes because Steve Dowell was not present at the meeting. Councilmember Orr made the MOTION - to approve the Resolution and recommend it to full Council as recommended by the Planning Committee and Public Works Committee. Councilmember Christi Houser SECONDED it and the motion CARRIED. ADJOURNMENT The meeting was adjourned at 5: 45 p.m. MP:C:PCO319 .MIN 4 V � kA/ Kent City Council Meeting Date April 2 . 1991 Category Public Hearinas n4\ np, \J��y 1. SUBJECT: PUGET POWER SUBSTATION APPEAL OF CONDITIONAL USE PERMIT #CE-90-8 2 . SUMMARY STATEM NT: This public hearing will consider an appeal by Puget Sound Power and Light Company from the Hearing Examiner's recommendation of approval with seven (7) conditions of a request for a conditional use permit to construct a 16, 000 square foot electrical distribution substation. The applicant requested reconsideration of two of those conditions: (1) Condition 5 related to noise reduction and (2) Condition 6 related to limits on electromagnetic field exposure. After reconsideration, the Hearing Examiner's decision of August 29, 1990 remained the same. The applicant is appealing these two (2) conditions. 3 . EXHIBITS: Appeal letter, appeal form; Notice of Appeal ; Request for Reconsideration, Notice of Request for Reconsideration; Findings and Conclusions, Hearing Examiner's minutes of 8/15/90; staff report; and verbatim minutes. 4. RECOMMENDED BY: Hearing Examiner. 8/29/90 (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISgWPERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT• CLOSE HEARING: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds J To approve/deny the appeal made by Puget Sound Power and Light Company of the Hearing E miner's approval with seven (7) conditions for a Condit' nal use permit. f DISCUSSION• ACTION• Council Agenda Item No. 2C OFFICE OF THE CITY ATTORNEY SUBJECT: Procedure on Appeal of Hearing Examiner' s Decision pursuant to City Re on No. 896 FROM: ROGER LUBOVICH I. Staff Report. II. Appellant presents argument. A. 30 minute limit and may reserve time for rebuttal. B. Appellant's argument must be based on the record. IV. Additional Presentation. A. Council has the option, if it chooses, to request "additional information" from the parties, City staff, or the public. B. Additional information does not have to be confined to the record. V. Conclusions. A. The Council reviews the hearing examiner's decision under the following standards: 1. Decision based on substantial error. 2 . Procedural irregularities that materially affected the prior proceedings. 3 . Decision unsupported by material and substantial evidence. 4 . Decision inconsistent with the City' s comprehensive plan. 5. Insufficient evidence as to the impact on the surrounding area. VI. Decision. A. The Council may take any of the following actions: 1. Approve and adopt the hearing examiner' s findings and decision. 2 . Modify and approve the findings and decision. 3 . Reject the hearing examiner's decision and deny the proposal as originally submitted. 3 . Remand for a further hearing before the hearing examiner. ._r--• PERKINS COIF A LAW PARTNERS111V INCLUDING PROI:M- 10NAL CORPORATIONS ONE BELLEVUE CENTER,SUI'EE 1800.411-1081'll AVENUE•.NORTIIEASr BELLEVUE,WASIIINGTON 98004 TELEPIioNE:(206)453-6980 November 7 , 1990 HAND DELIVERED Office of the City Clerk City of Kent 220 S. Fourth NOV 11990 Kent, WA 98032 f Re: Hearing Examiner ' s File No. CE-90-8 PLANNING DEPARTMENT CITY OF KENT Dear Sir or Madam: Enclosed is an Order for Transcript for Appeal from Decision of Hearing Examiner and a check in the amount of $200 as the fee for transcribing two tapes in connection with the above-referenced Notice of Appeal . Also please confirm acceptance of the Order for Transcript by stamping the enclosed copy of said Order "received" and returning the copy to our messenger for our files . Please call if you have any questions or comments . Very truly yours , Marj sly Gr y �~ Legal Assi taut MIG:plg, 1069x Enclosures CC : Markham A. Quehrn TELEX:32-0319 PERKINS SEA•FAcsiMILE(206)453-7350 ANCHORAGE'Los ANGELES'PORTLAND•SEATTLE•WASI IINGTON,D.C. COPY Office of the City Clerk 220 S . 4th QSa� -R-"-3370 City of Kent Order for Transcript for Appeal from Decision of Hearing Examiner Resolution 896 Ordinance 2233 Date November 7 , 1990 Appeal filed October 29 , 1990 Appellant' s Name Puget Sound Power and Light Company Address c/o Perkins Coie , Attn: Markham A. Ouehrn , 411 - 108th Avenue N.E. , suiteJ866 , Bellevue, WA 98004 Phone (206 ) 453-6980 Hearing Examiner ' s File No . CE-90-8 Date of Hearing Examiner Public Hearing August 15 , 1990 Date of Hearing Examiner ' s Decision August 29 , 1990 Notice of appeal must be filed with the City Clerk within 14 days of the action taken by the Hearing Examiner and must be accompanied by a $25 filing fee. Treasurer ' s Receipt # 16814 Within 30 days of the Hearing Examiner ' s decision, the appellant shall order from the City Clerk a full transcript of the hearing held before the Hearing Examiner and must post at the time of the order, security in the amount of $100 for each tape to be transcribed. If the actual cost incurred by the City exceeds the amount posted, the appellant shall be required to reimburse the City for the excess amount. If the cost is less tham the amount posted, any credit due will be returned to the appellant. / l Order for Transcript received Treasurer' s Receipt # 11LV . i s, fly K. ,) 1990 crrr" of RENT 1 CITV r1.E�K 3 4 5 6 7 8 9 10 11 BEFORE THE CITY COUNCIL 12 OF THE CITY OF KENT, WASHINGTON j 13 14 15 IN RE : Application for Conditional ) 16 Use Permit of Puget Sound Power & ) No . CE-90-8 17 Light Company, ) 18 ) NOTICE OF APPEAL 19 Applicant . ) 20 ) 21 ) 22 23 24 I . APPEAL 25 26 Puget Sound Power & Light Company ( "Puget Power" ) appeals the 27 28 decision of the City of Kent Hearing Examiner (the "Examiner" ) 29 30 rendered in the above-referenced matter (the "Decision on 31 32 Appeal" ) . The Decision on Appeal is set forth in the Examiner ' s �._.l 33 .Q 34 "Findings , Conclusions and Decision" dated August 29 , 1990 (the 35 36 "August Decision" ) , as modified by the Examiner ' s decision in 37 38 "Request for Reconsideration" dated October 17 , 1990 (the 39 40 "October Decision" ) . CD 41 42 II . AUTHORITY 43 1 44 This appeal is filed pursuant to Kent City Code ( "KCC" ) 45 46 § 2 . 54 . 160 and the applicable rules and procedures set forth in 47 Resolution No . 896 . NOTICE OF APPEAL - 1 PMKINSCOIE ONE BELLEVUE CENTER,SUITE 1800 411-108T11 AVENUE NORTHEAST BELLEVUE, \v/A 9R004•(206)453.6980 ] III . SUMMARY OF PROCEEDINGS 2 3 4 The relevant proceedings in this matter are summarized as 5 6 follows : 7 R A. State Environmental Policy Act ( "SEPA" ) determination : 9 10 a Determination of Nonsignificance-Mitigated was issued on 11 12 May 31, 1996 . 13 14 B . Conditional Use Permit ( "CUP" ) application: the CUP 15 16 application was filed on June 12 , 1990 . 17 tR C. City of Kent Staff 'Report (the "Staff Report" ) : the 19 20 Staff Report was issued on August 3 , 1990 . 21 22 D . Public Hearing: a public hearing on the CUP application 23 24 was held -by the Examiner on August 15 , 1990 , 25 26 E . August Decision : this decision was issued by the 27 28 Examiner on August 29 , 1990 . 29 30 F . Request for Reconsideration: Puget Power filed a 31 � 32 request for reconsideration on September 12, 1990 . 33 34 G. October Decision : this decision was issued by the 35 36 Examiner on October 17 , 1990 . 37 38 IV. STANDARD OF REVIEW 39 40 The City Council may remand, modify or reject the Decision on 41 42 Appeal if it finds that : i 43 44 - there has been substantial error ; 45 46 - the proceedings were materially affected by irregularities 47 in procedure; NOTICE OF APPEAL - 2 PEMNSCOIE ONE Br1.LEVUE CENTra,Surn;1R00 411-108TII AVENUE Nonrnresr BELLFVIIr, \m 98004•(206)453-6980 1 - the recommendation was unsupported by material and 3 substantial evidence in view of the entire record as 4 submitted; 5 6 - the recommendation is in conflict with the City' s 7 Comprehensive Plan; or 8 9 - insufficient evidence was presented as to .the impact on 10 surrounding areas . 11 12 Resolution No . 896 , § 7 . 13 14 The Decision on Appeal should be modified by deleting 15 16 Conditions No . 5 and No . 6 of the CUP because there has . been a 17 18 substantial error . by the Examiner , and because imposition of the 19 20 conditions is not supported by material and substantial evidence . 21 22 V. ARGUMENTS 23 24 A. Summary of Arguments . Puget Power brings this appeal t� 25 26 modify a CUP for construction of an electrical distribution 27 28 substation. The proposed substation is needed in order to 29 30 provide reliable electric service to the surrounding area . This 31 32 substation is not different , in any material respect , from the 33 34 many substations in residential neighborhoods throughout Puget 35 36 Power ' s service area . The substation presents no new or unique 37 38 risks to the community, nor is there anything about this 39 40 particular site which is unsuitable for a substation. 41 42 None of the issues before the . City Council in this appeall 43 44. were raised during environmental review of the project . A 45 46 Determination of Nonsignificance-Mitigated was issued; mitigation 47 measures addressed drainage , storm water runoff and street NOTICE OF APPEAL - 3 PEWK SCOIE ONE BELLEVUE CENTER,SUITE 1800 411-108Tli AVL•NUF.NoRT11EA$T BELLEVUE, WA 98004•(2o6)453-6980 i I I 2 improvements . None of the issues before the City Council in this 3 4 appeal were issues of concern raised in the Staff Report prepared 5 6 by the City' s professional staff . 7 s However , at the hearing, members of the public expressed 9 10 concern with respect to audible noise and electromagnetic fields 11 12 (EMFs) . The audible noise issue was raised by an individual 13 14 concerned with transformer "hum" ; this concern was met with 15 16 testimony by Puget Power that it would install "low noise" 17 is transformers designed for installation in residential areas . The 19 20 EMF issue was raised by an individual concerned that the United 21 22 States Environmental Protection Agency ( "EPA" ) had or was about 23 24 to designate EMFs as a carcinogen; this concern was met with I 25 26 testimony by Puget Power explaining that EPA had not designated 27 28 EMFs as a carcinogen, nor was there any scientific evidence 29 30 establishing a cause/effect relationship between EMFs and cancer . 31 32 It is possible for significant issues to escape scrutiny 33 34 under SEPA. It is also possible for such issues to be missed in 35 36 the Staff Report , and to see their first light of day at the 37 38 hearing . It is possible for such issues to be raised by 39 40 non-experts unfamiliar with utility facilities . The Examiner 41 42 apparently felt this series of possibilities occurred in this 43 44 case . The Examiner imposed onerous conditions with respect to 45 46 audible noise and EMFs . Puget Power submits that this was a 47 substantial error . Moreover , imposition of these conditions is NOTICE OF APPEAL - 4 PERKINS COIE ONE BELLEVUE CENTER,SUITE 1800 411-108TH AVENUF.NORTHEAST BELLEVUE, WA 98004•(206)453-6980 1 2 not supported by material and substantial evidence . Therefore, 3 4 Conditions No . 5 and No . 6 should be deleted . 5 6 B . Noise . To the best of Puget Power ' s recollection, the 7 8 noise issue was first raised by Mr . Kurt Erikson. Mr . Erikson 9 to expressed concern about transformer "hum. " He went on to say it 12 that if this was a problem, then a noise shield or barrier should 13 14 be erected. 15 16 In response to Mr . Erikson' s concern, the Examiner questioned 17 18 Puget Power representative Mr . Ba-rry Lombard . Mr . Lombard 19 20 testified that Puget Power would install a "low noise" 21 22 transformer at this substation ( i . e . , audible noise not to exceed 23 24 45 dBA at the property line of the substation) . "Low noise 25 26 transformers are manufactured to specific noise standards to 27 28 ensure their compatibility in residential areas . Use of "low 29 30 noise" transformers allows Puget Power to site substations in 31 32 residential areas and, even without reliance on exemptions 33 34 applicable to substations , comply with Washington State 35 36 Department of Ecology ( "DOE" ) "Maximum Environmental Noise 37 38 Levels" regulations . A copy of the relevant DOE regulations is 39 40 attached as Exhibit A. Mr . Lombard' s testimony further indicates 41 42 that a source of noise no greater than 45 dBA at the, propert)f 43 44 line rapidly attenuates as it approaches receiving properties , 45 46 and would otherwise be at or below background noise levels in 47 residential areas ( i . e . , imperceptible) . NOTICE OF APPEAL - 5 PERKINS COTE ONE BELLEVUE CENTER,SUITE 1800 411-108T11 AVENUE NORTHEAST llrux.vur, %X?. 98004•(206)453-6980 1 The Examiner then questioned Mr . Lombard about what Puget 3 4 Power does to abate noise at problem substations ( i . e . , 5 6 substations with old , transformers and a noticeable "hum" ) . 7 8 Mr . Lombard responded that one solution--when there is a 9 ld a cinder block noise abatement wall . 10 problem--is to bui 11 12 Mr . Lombard further explained that such walls are expensive 13 14 ( $40 , 000 to $50 , 000 ) and their physical presence makes it more 15 16 difficult to maintain the transformers . 17 18 With no evidence of a problem, and on the basis of testimony ,19 20 which pertains to circumstances that will not exist at this 21 22 substation, the Examiner required as Condition No . 5 construction 23 24 of a cinder block wall to reduce noise levels from the 25 26 substation. The Examiner ' s reasoning is stated on page 4 of the 27 28 October Decision : 29 30 The applicant ' s own testimony suggested that tuned 31 cinder block around the transformers would reduce the 32 noise emanated from the substation. It was stated by 33 the applicant that this could be done at a cost of 34 $40 , 000 to $50 , 000 . This appears to the Examiner to 35 be a reasonable cost given the certainty in noise 36 reduction that will be achieved . 37 38 The Examiner makes liberal use of Mr . Lombard' s testimony. 39 40 The Examiner disregarded Mr . Lombard ' s statement that Puget Power 41 42 would install "low noise" transformers . The Examiner prescribed 43 44 a fix for a nonexistent problem. This is a substantial error . 45 46 So understood, a $40 , 000 to $50 , 000 expenditure is not 47 NOTICE OF APPEAL — 6 PEMNSCOIE ONE BELLEVUE CENTER,SUITE1800 411-108T11 AVENUE NoRT11EAST BIn.1.Evi I:, WA 98004•(206)453-6980 1 2 reasonable . It is a waste of money. The Examiner ' s reliance -on 3 4 testimony concerning the value of a wall where "low noise" 5 6 transformers are not used is misplaced. As such, Condition No . 5 7 8 is not supported by material and substantial evidence . The 9 10 Decision on Appeal should be modified by deleting Condition No . 5 . 11 12 C . EMFs . EMFs (electromagnetic fields) are created by any 13 14 and every device which uses electricity. Electricity on a wire 15 16 produces an electric field in the area surrounding the wire. 17 18 Electric fields are usually measured in units of kilovolts per 19 20 meter (kV/m) . Electric current on a wire produces a magnetic 21 22 field . Magnetic fields are measured in units of milligauss 23 24 (mG) . The presence of electricity in our daily lives is 25 26 common as the air we breathe and the water we drink . People are 27 28 constantly surrounded by EMFs . 29 30 In the last few years EMFs have received a great deal of 31 32 media attention . Scientific studies of possible health effects 33 34 of EMFs have been undertaken for a number of years . Such studies 35 36 are still being undertaken. However , only recently have feature 37 38 articles in magazines , newspapers , radio and television programs 39 40 brought the issue to the attention of the general public . Quite 41 42 often, the level of public concern far surpasses. the level o 43 44 public understanding. 45 46 Concerns with EMF are frequently associated with a limited 47 number of epidemiological studies which have examined prolonged NOTICE OF APPEAL - 7 PffWNS COIE ONE BELLEVUE CENTER,SUITE 1800 411-108TH AVENUE NoRTilEAST Bi:m.rvuF.., 1%X?. '.V004•(206)453-6980 1 2 exposures to EMFs and the incidence of a rare form of leukemia 3 4 (nonlymphocytic leukemia) . No scientific studies have shown--or 5 6 purport to show--a cause and effect relationship between EMFs and 7 8 leukemia . The body of existing research--as well as emerging 10 research--falls well short of establishing EMFs as a significant 11 12 health risk . 13 14 To Puget Power ' s knowledge, no federal or state authority has 15 16 regulated EMFs on the basis of public health criteria . EPA has 17 18 imposed no such regulations , nor to Puget Power ' s knowledge, has 19 20 any other agency of the federal government . Neither the Florida 21 22 standard ( 150 mG) nor the New York standard ( 200 mG) referenced 23 24 in the record of this proceeding are based upon public health 25 26 criteria . ' In promulgating these standards , both New York and 27 28 Florida have explicitly acknowledged that there is no public 29 30 health basis for more strict standards . 31 32 _ 33 34 ' In the October Decision , the Examiner incorrectly refers 35 to a New York standard of 100 mG . In fact , the standard is 36 200 mG . See State of New York Public Service Commission, Cases 37 26529 and 26559 , Statement of Interim Policy on Magnetic 38 Fields , " September 11 , 1990 . In arriving at this standard, the 39 Public Service Commission said : 40 41 The staff recommendations in this matter proceeded 42 from the premise that adoption now of a standard based } 43 on health effects would be unreasonable given the 44 current state of research; the research does not 45 provide a basis for choosing a standard. Hasty 46 adoption of unnecessarily strict standards would 47 itself compromise public safety by making it more difficult and costly to provide needed energy supplies . NOTICE OF APPEAL - 8 PERKINS COIE ONr Bui.rvuis CHNrrie,Sums 1800 411-108rii AWNur.NORTHEAST Bm.urvur:, WA 98004•(206)453-6980 1 The Washington State Legislature has also considered this 3 4 issue and rejected the idea of imposing standards . The 6 Legislature found: 7 8 (T]hat it has not yet been proven that electric and 9 magnetic field levels present in daily living are 10 responsible for any adverse health effects . 11 12 See Exhibit B, ESSB No . 5275 ( 1989 Regular Session) . 13 14 However , the Examiner saw fit in the case to impose a 15 16 magnetic field standard of 20 milligauss . This standard is seven 17 18 times more stringent than the Florida standard of 150 milligauss , 19 20 and is 10 times more stringent than the New York standard of 200 21 22 milligauss . This is a substantial error . Moreover , it is a 23 24 decision which--in the Examiner ' s own words--is not based up, 25 26 any finding of an "appropriate" exposure level : 27 28 The appropriate maximum level for EMF exposure can be 29 vigorously debated. The Examiner attempted to avoid 30 engaging in this debate by accepting a threshold that 31 the applicant testified could be met . 32 33 October Decision at 6 . If not based on "appropriate exposure 34 35 levels , " what is the basis of the Examiner ' s 20 milligaus 36 37 standard? If it is solely based on Puget Power ' s ability to 38 39 comply (which--in passing--is an odd basis for regulation' ) , 40 41 then the . Examiner did not listen carefully to the evidence 42 43 presented. 44 45 46 47 ' It is further noted that a condition based solely upon the applicant ' s ability to comply has no legal basis under the Examiner ' s authority to impose conditions , per KCC § 15 . 09 . 030 . NOTICE OF APPEAL - 9 PEMNSCOIE ONE•BELLEVUE CL'NTER,SUrrE 1800 411-108TH AVENUE NoRTIIEAST BELLLVUE, W." �•sno4•(206)453-6980 1 The issue of EMFs was first raised by a concerned citizen, 3 4 Ms . Patricia Gilmore . Ms . Gilmore testified, and entered a 5 6 letter into the record, expressing her concerns about EMFs . 7 8 In response to Ms . Gilmore ' s concerns the Examiner questioned 9 10 Puget Power representative Mr . Mel Walters . Mr . Walters ' 11 12 testimony established that : 13 14 - EPA had not determined EMFs to be a carcinogen; 15 16 - he was aware of the scientific literature concerning 17 EMFs and, to his knowledge, no scientific study has 18 established a causal link between EMFs and cancer ; and 19 20 - the only jurisdiction he knew to have set a magnetic 21 field standard (Florida) had set the standard at 150 mG. 22 �3 Mr . Walters was also questioned--at length--by the .Examiner 24 25 concerning the actual EMF levels he would expect to find around 26 27 the proposed substation . Mr . Walters said that he would expect : 28 29 - a range of 3 to 5 milligauss along the property line of 30 the substation at locations distant from where 31 transmission lines enter the substation; 32 33 - a field of 20 milligauss , under normal operating 34 conditions , along the property line of the substation at 35 locations proximate to where transmission lines enter 36 the substation; and 37 38 - a range of 35 to 40 milligauss under peak operating 39 conditions , along the property line of the substation at 40 locations proximate to where the transmission lines 41 enter the substation . 42 43 Mr . Walters also submitted, for the record, a Bonneville Power 44 45 Administration publication which shows a 20 mG average/40 mG peak 46 47 range for 115 kV transmission lines . See Exhibit C. NOTICE OF APPEAL - 10 PERKINSC01E ONc Bru.rvur Ci rrw,Surrr:1800 411-108rii AVENUr Noa•nir:Asr Br.u.rvur, NXIA '"')W)i•(2o6)453-6980 1 2 On the basis of this evidence, the Examiner imposed a "not to 3 4 exceed" standard of 20 milligauss at the property line . This 5 6 standard, which has as its only justification the applicant ' s 7 8 ability to comply, cannot be complied with under all operating 9 10 conditions . Would the Examiner have Puget Power "pull the plug" 11 12 on the substation every time circumstances arise which cause this 13 14 facility to carry an above normal load? Such a condition makes 15 16 no sense . Imposition of such a condition is not supported by 17 18 material and substantial evidence . 19 20 The City Council cannot allow the Examiner to arbitrarily 21 22 throw darts which impair Puget Power ' s ability to serve its 23 24 customers . The concerns of Ms . Gilmore, and others , would r 25 26 better - served with more information, not arbitrary EMF 27 28 standards . Puget Power urges the City Council to follow the lead 29 30 of other jurisdictions , including the Washington State 31 32 Legislature , and refrain from imposing EMF standards when there 33 34 is no basis to do so . Condition No . 6 should, therefore, be 35. 36 deleted in its entirety. 37 38 VI . CONCLUSION 39 40 Based on the foregoing, Puget Power respectfully requests the 41 42 City Council to modify the Decision. on Appeal by deleting 43 44 45 46 47 NOTICE OF APPEAL - 11 PBWNSCOIE ONE BELLEVUE CENTER,SUITE1800 411-108T11 AVENUE NORTI[EAST BELLEVUE,INA Q12!T S•(206)453-6980 1 2 • Conditions No . 5 and6 . 3 4 Dated this cC of C%U��°� , 1990 . 5 6 PERKINS COIE 7 8 /d2==== 9 By 10 arkham A. Quehrn 11 Attorneys for Puget Sound Power & 12 Light Company 13 14 1093p 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 NOTICE OF APPEAL - 12 POWNSCOIE ONr:Br.Urvur CEN-rclt,SUITE 1800 411-108Tu AVENUE Nnlmir:A%r Bi:u.r•.vuc,WA 95;00-1•(206)453.6980 173-58-090 Title 173 WAC: Ecology, Dellis. sent of �• •, f 173-60460 Nuisagiree u a tons nRoproutaed.�i• large piers, breakwater, etc., for a minimum distance of 173-60-070 Future regulations. 100 feet (30 m). Three markers (buoys or posts) shall be 173.60-080 Variances and implementation schedules. placed in line, 50 feet (15 m) apart, to mark the course 17340-090 Enforcement policy. the boat is to follow while being tested. 173-60-100 Appeals. 173-60-110 Cooperation with local government. (b) The sound level meter shall be a Type 2 or better. 173-60-120 Effective date. The microphone shall be placed 50 feet (15 m) from the line determined by the three markers, normal to the line WAC 173-60-010 Authority and purpose. The. and opposite the center marker. It shall also be placed rules are adopted pursuant to chapter 70.107 RCW, tt 4-5 feet (1.2-let 0. above the water surface and no Noise Control Act of 1974, in order to establish max closer than 2 feet (0.6 m) from the surface of the deck mum noise levels permissible in identified environment or platform on which the microphone stands, as near to and thereby to provide use standards relating to the r the end of the deck or platform as possible or overhang- ception of noise within such environments. ing the end of the deck or platform. (3) Watercraft operation. The watercraft shall pass [Order 74-32, § 173-60-010. filed 4/22/75,effective 9/1/75.1 within 1-3 feet (0.3-0.9 meter) on the far side of all three markers, on a-straight course. WAC 173-60-020 Definitions. (l) in a given r (a) Watercraft which weigh less than 7,000 lbs. gross sound level" means the level of all sounds in a given e weight shall be operated according to the following pro- vironment, independent of the specific source bei, cedure. The watercraft shall approach the first marker measured. at idle speed. When the bow is even with the first (2) "dBA" means the sound pressure level in decib( marker, the engine shall be immediately accelerated to measured using the "A" weighting network on a sou its full throttle RPM range. The watercraft shall con- level meter. The sound pressure level, in decibels, of tinue to accelerate until its bow passes the third marker. sound is 20 times the logarithm to the base 10 of t (b) Watercraft which weigh 7,000 lbs. or more gross ratio of the pressure of the sound to a reference pressu weight shall be operated at the midpoint of the manu- of 20 micropascals. facturer's recommended maximum continuous (or (3) "Department" means the department of ecology "cruise") RPM range, f 100 RPM. The watercraft shall (4) "Director" means the director of the departure be at this speed when it passes the first marker, and of ecology. shall continue to operate at this speed until its bow pas- (5) "Distribution facilities" means any facility us ses the third marker. for distribution of commodities to final consu, s, (4) Measurement. The watercraft sound level shall be eluding facilities of utilities that convey watt,, va measured as follows: water, natural gas, and electricity. (a) The sound level meter shall be set for fast re- (6) 'EDNA" means the environmental designation sponse and on the "A" weighting scale. noise abatement, being an area or zone (environme (b) The meter shall be observed during the entire within which maximum permissible noise levels passby. The applicable reading shall be the sound level established. obtained as the stern of the watercraft passes the middle (7) "Existing" means a process, event, or activity marker. Peaks due to unrelated ambient noise, water an established area, producing sound subject to or noise from waves or wakes, propellor cavitation noise, or empt from this chapter, prior to the effective date extraneous impulsive-type noise shall be excluded. At September 1, 1975. least two measurements shall be made for each side of (g) "Local government" means county or city gove the watercraft. All values shall be recorded. ment or any combination of the.two. (c) The sound level for each side of the watercraft (9) "Noise" means the intensity, duration and ch: shall be the average of the two highest readings which acter of sounds, from any and all sources. are within 1 dBA of each other, rounded to the nearest (10) "Person" means any individual, corporal. 0.5 dBA. The reported sound level shall be that of the partnership, association, governmental body, st loudest side of the watercraft. agency or other entity whatsoever. (5) New watercraft shall be tested according to the (I1) "Property boundary" means the surveyed lint specifications of the SAE J34 measurement procedure. ground surface, which separates the real prope [Statutory Authority: Chapter 70.107 RCW. 79-04-033 (Order DE owned, rented, or leased by ,one or more person, ft 78-19), § 173-58-o9o, filed 3/22/79.1 that owned, rented, or leased by one or more other ; sons, and its vertical extension. (12) "Racing event" means any motor vehicle con. Chapter 173-60 WAC tition conducted under a permit issued by a governn MAXIMUM ENVIRONMENTAL NOISE LEVELS tal authority having jurisdiction or, if such permit is required, then under the auspices of a recognized s: WAC tioning body. 1 7 3-604 1 0 Authority and purpose. (13) "Receiving property" means real grope wi 173-60-020 Definitions. which the maximum permissible noise levels.....Neci 173-60-030 Identification of environments. herein shall not be exceeded from sources outside 173-60-040 Maximum permissible environmental noise levels. property. 173-60-050 Exemptions. (198' [Title 173 WAC—p 1561 Maximum Environmental Noise Levk 173-60-040 (14) "Sound level meter" means a device which mea- (iii) Agricultural and silvicultural property used for sure5 sound pressure levels and conforms to Type I or the production of crops, wood products, or livestock. ?YPe 2 as specified in the American National Standards (d) Where there is neither a zoning ordinance in ef- Institute Specification Sl.4-1971. feet nor an adopted comprehensive plan, the legislative (15) Watercraft" means any contrivance, excluding authority of local government may, by ordinance or res- aircraft used or capable of being used as a means of olution, designate specifically described EDNAs which nation or recreation.on water. conform to the above use criteria and, upon departmen- transP° tal approval, EDNAs so designated shall be as set forth Igtytutory Authority: Chapter 70.107 RCW. 83—IS-046 (Order DE 173-60-020, filed 7/19/83;Order DE In such local determination. 77—I, § 173-60-020, riled d 6•§/1/77; Order 74-32, § 173-60-020, filed 4/22/75, effective (e) Where no specific prior designation of EDNAs has riled y/1/75.1 been made, the appropriate EDNA for properties in- volved in any enforcement activity will be determined by µ,kC 173-60-030 Identification of environments. the investigating official on the basis of the criteria of (1) Except when included within specific prior designa- (a), (b), and (c) of this subsection. tions as provided in subsections (2), (3), and (4) of this (2) In areas covered by a local zoning ordinance, the section, the EDNA of any property shall be based on the legislative authority of the local government may, by or- following uses, taking into consideration the dinance or resolution designate EDNAs to conform with following YP g present, future, and historical usage, as well as the usage the zoning ordinance as follows: of adjacent and other lands (a) Residential zones - Class A EDNA the vicinity. (b) Commercial zones - Class B EDNA (a) Class AEDNA - Lands where human beings re- (c) Industrial zones - Class C EDNA side and sleep. Typically, Class A EDNA will be the Upon approval by the department, EDNAs so desig- Following types of property used for human habitation: nated shall be as set forth in such local determination. (i) Residential EDNA designations shall be amended as necessary to (ii) Multiple family living accommodations conform to zone changes under the zoning ordinance. (iii) Recreational and entertainment, (e.g., camps, (3) In areas not covered by a local zoning ordinance parks, camping facilities, and resorts) but within the. coverage of an adopted comprehensive (iv) Community service, (e.g., orphanages, homes for plan the legislative authority of the local government the aged, hospitals, health and correctional facilities) (b) Class B EDNA - Lands involving uses requiring may, by ordinance or resolution designate EDNAs to protection against noise interference with speech. Typi- conform with the comprehensive plan as follows: tally, Class B EDNA will be the following types of (a) Residential areas - Class A EDNA (b) Commercial areas - Class B EDNA property: (c) Industrial areas - Class C EDNA (i) Commercial living accommodations Upon approval by the department EDNAs so desig- (ii) Commercial dining establishments nated shall be as set forth in such local determination. (iii) Motor vehicle services EDNA designations shall be amended as necessary to (iv) Retail services conform to changes in the comprehensive plan. (v) Banks and office buildings (4) The department recognizes that on certain lands, (vi) Miscellaneous commercial services, property not serenity, tranquillity, or quiet are an essential part of the used for human habitation quality of the environment and serve an important public (vii) Recreation and entertainment, property not used For human habitation (e.g., theaters, stadiums, fair- need. Special designation of such lands with appropriate grounds, and amusement parks) noise level standards by local government may be adopted subject to approval by the department. The di- (viii)und Community services, property not used for hu-e. rector may make such special designation pursuant to man habitation (e.g., educational, religious', governmen- the procedures of the Administrative Procedure Act, tal, cultural and recreational facilities). chapter 34.04 RCW. (c) Class CEDNA - Lands involving economic activ- ities of such a nature that higher noise levels than expe- (Order 74-32, § 1734M30, filed 4/22/75.effective 9/1/75.1 rienced in other areas is normally to be anticipated. Persons working in these areas are normally covered by WAC 173-60-040 Maximum permissible environ- noise control regulations of the department of labor and mental noise levels. (1) No person shall cause or permit industries. Uses typical of Class A EDNA are generally noise to intrude into the property of another person not permitted within such areas. Typically, Class C which noise exceeds the maximum permissible noise lev- EDNA will be the following types of property: els set forth below in this section. (i) Storage, warehouse, and distribution facilities. (2)(a) The noise limitations established are as set (ii) Industrial property used for the production and forth in the following table after any applicable adjust- Fabrication of durable and nondurable man-made goods ments provided for herein are applied. (1989 Ed.) fritle 173 WAC—p 1571 fi 173-60-040 Title 173 WAC: Ecology, Department of EDNA OF EDNA OF (b) Sounds originating from forest harvesting and sil- NOISE SOURCE RECEIVING PROPERTY vicultural activity. (4) The following shall be exempt from all provisions Class A Class B Class C of WAC 173-60-040: (a) Sounds created by motor vehicles when regulated by chapter 173-62 WAC. CLASS A 55 dBA 57 dBA 60 dBA (b) Sounds originating from aircraft in flight and CLASS s 57 60 65 sounds that originate at airports which are directly re. fated to flight operations. CLASS C 60 65 70 (c) Sounds created by surface carriers engaged in in. terstate commerce by railroad. (b) Between the hours of 10:00 p.m. and 7:00 a.m. the (d) Sounds created by warning devices not operating noise limitations of the foregoing table shall be reduced continuously for more than five minutes, or bells, by 10 dBA for receiving property within Class A chimes, and carillons. EDNAs. (e) Sounds created by safety and protective devices (c) At any hour of the day or night the applicable where noise suppression would defeat the intent of the noise limitations in (a) and (b) above may be exceeded device or is not economically feasible. for any receiving property by no more than: (f) Sounds created by.emergency equipment and work (i) 5 dBA for a total of 15 minutes in any one—hour necessary in the interests of law enforcement or for period; or health safety or welfare of the community. t1 10 dBA for a total of 5 minutes in any one—hour (g) Sounds originating from motor vehicle racing ( ) events at existing authorized facilities. period; or (h) Sounds originating from officially sanctioned pa. (iii) 15 dBA for a total of 1.5 minutes in any one— rades and other public events. hour period. (i) Sounds emitted from petroleum refinery boilers (order 74-32, § 173-60-040, filed 4/22/75,effective 9/t/75.1 during startup of said boilers: Provided, That the startup operation is performed during daytime hours whenever WAC 173-60-050 Exemptions. (1) The following possible. shall be exempt from the provisions of WAC 173-60— 0) Sounds created by watercraft. 040 between the hours of 7:00 a.m. and 10:00 p.m.: (k) Sounds created by the discharge of firearms in tht.... (a) Sounds originating from residential property re- course of hunting. lating to temporary projects for the maintenance or re- (1) Sounds caused by natural phenomena and unamp- pair of homes, grounds and appurtenances. lifted human voices. (b) Sounds created by the discharge of firearms on (m) Sounds created by motor vehicles, licensed or un- authorized shooting ranges. licensed, when operated off public highways ExcEPT (c) Sounds created by blasting. when such sounds are received in Class A EDNAs. (d) Sounds created by aircraft engine testing and (n) Sounds originating from existing natural gas maintenance not related to flight operations: Provided, transmission and distribution facilities. However, in cir- That aircraft testing and maintenance shall be con- cumstances where such sounds impact EDNA Class A ducted at remote sites whenever possible. environments and complaints are received, the director (e) Sounds created by the installation or repair of es- or his designee may take action to abate by application sential utility services. of EDNA Class C source limits to the facility under the (2) The following shall be exempt from the provisions requirements of WAC 173-60-050(5). of WAC 173-60-040 (2)(b): (6) Nothing in these exemptions is intended to pre• (a) Noise from electrical substations and existing sta- elude the department from requiring installation of the tionary equipment used in the conveyance of water, best available noise abatement technology consistent waste water, and natural gas by a utility. with economic feasibility. The establishment of any such (b) Noise from existing industrial installations which requirement shall be subject to the provisions of the Ad- exceed the standards contained in these regulations and ministrative Procedure Act, chapter 34.04 RCW. which, over the previous three years, have consistently [Statutory Authority: Chapter 70.107 RCW. 83-15-046 (Order DE operated in excess of 15 hours per day as a consequence 82-42), § 173-60_050. filed 7/19/83; Order DE 77-I, § 1734M50, of process necessity and/or demonstrated routine normal filed 6/2/77;Order 75-18, § 173-60-050, filed 8/l/75;Order 74-A operation. Changes in working hours, which would affect § 17340-050, filed 4/22/75,effective 9/1/75.1 exemptions under this regulation, require approval of the department. WAC 173-60-060 Nuisance regulations not prohib- (3) The following shall be exempt from the provisions ited. Nothing in this chapter or the exemptions provided of WAC 173-60-040, except insofar as such provisions herein, shall be construed as preventing local govern' relate to the reception of noise within Class A EDNAs ment from regulating noise from any source as a nul between the hours of 10:00 p.m. and 7:00 a.m. sance. Local resolutions, ordinances, rules or regulations (a) Sounds originating from temporary construction regulating noise on such a basis shall not be deemed in, sites as a result of construction activity. consistent with this chapter by the department. fritk 173 WAC—p 1581 (1919FAY Maximum Environmental Noise Levels 173-60-120 14-32 § 173--60-060, filed 4/22/75,effective 9/1/75.1 WAC 173-06M40 shall be measured in dBA with a [order sound level meter with the point of measurement being WAC 173-60-070 Future regulations. It is the in- at any point within the receiving property. Such en- tention of the department to establish use standards forcement shall be undertaken only upon receipt of a an Performance standards for the following sources complaint made by a person who resides, owns property, of noise exempted or partially exempted from the re- or is employed in the area affected by the noise com- ter PT for parks, as, and qutremenislativehlfund ngeis made availabler within two stof condduct wildl a sanctuaries. For enforcement pu nasesf pursuant quate g P Po P roviding the necessarydata. to RCW 70.107.050, each day, defined as the 24-hour studies pperiod beginning at 12:01 a.m., in which violation of the noise(1) Sounds created .by aircraft engine testing and p g g lations ( ter maintenance not related to flight operations, through the shall constitute auseparatecha viopation73-60 WAC) occurs, adoption of a new chapter 173-64 WAC. (2) Sounds created by construction equipment and [Order DE 76-5. § 173-60-090, filed 2/5/76; Order 74-32, § 173- emanating from construction sites, through the adoption 60-090, filed 4/22/75,effective 9/1/75.1 of a new chapter 173-66 WAC. (3) Sounds created by motor vehicle racing events, WAC 173-60-100 Appeals. Any person aggrieved through the adoption of a new chapter 173-63 WAC. by any decision of the department in relation to the en- (4) Sounds created by watercraft, through the adop- forcement of the maximum permissible noise levels pro- lion of a new chapter 173-70 WAC. vided for herein, the granting or denial of a variance or (5) Sounds created by the operation of equipment or the approval or disapproval of a local resolution or ordi- facilities of surface carriers engaged in commerce by nance for noise abatement and control may appeal to the railroad, to the extent consistent with federal law and pollution control hearings board pursuant to chapter 43- fegulations through the adoption of a new chapter 173- .21B RCW under the procedures of chapter 371-08 72 WAC. WAC. [order DE 77-1, § 173-60--070, filed 6/1/77; Order 74-32, § 173- [Order 74-32, § 173-60-100,filed 4/22/75,effective 9/I/75.1 6"7o,filed 4/22/75,effective 9/1/75.) WAC 173-60-080 Variances and implementation WAC 173-60-110 Cooperation with local govern- schedules. (1) Variances may be granted to any person ment. (1) The department conceives the function of noise from any particular requirement of this chapter, if find- abatement and control to be primarily the role of local ings are made that immediate compliance with such re- government and intends actively to encourage local gov- quirement cannot be achieved because of special ernment to adopt measures for noise abatement and circumstances rendering immediate compliance unrea- control. Wherever such measures are made effective and sortable in light of economic or physical factors, en- are being actively enforced, the department does not in- roachment [encroachment] upon an existing noise tend to engage directly in enforcement activities. source, or because of nonavailability of feasible technol- (2) No ordinance or resolution of any local govern- ogy or control methods. Any such variance or renewal ment which imposes noise control requirements differing thereof shall be granted only for the minimum time pe- from those adopted by the department shall be effective riod found to be necessary under the facts and unless and until approved by the director. If approval is circumstances. denied, the department, following submission of such lo- (2) An implementation schedule for achieving compl- cal ordinance or resolution to the department, shall de- ance with this chapter shall be incorporated into any liver its statement or order of denial, designating in variance issued. detail the specific provision(s) found to be objectionable (3) Variances shall be issued only upon application in and the precise grounds upon which the denial is based, writing and after providing such information as may be and shall submit to the local government, the depart- requested. No variance shall be issued for a period of ment's suggested modification. more than 30 days except upon due notice to the public (3) The department shall encourage all local govern- with opportunity to comment. Public hearings may be ments enforcing noise ordinances pursuant to this chap- held, when substantial public interest is shown, at the ter to consider noise criteria and land use planning and discretion of the issuing agency. zoning. j (4) Sources of noise, subject to this chapter, upon [Statutory Authority: Chapter 70.107 RCW. 87-06456 (Order 86- which construction begins after the effective date hereof 40), § 173-60-110, filed 3/4/87; Order 74-32, § 173-60-110, filed shall immediately comply with the requirements of this 4/22/75,effective 9/1/75.) chapter, except in extraordinary circumstances where overriding considerations of public interest dictate the WAC 173-60-120 Effective date. This chapter shall issuance of a variance. become effective on September 1, 1975. It is the inten- [order 74-32, § 173-60-080, filed 4/22/75, effective 9/t/75.1 tio❑ of the department to periodically review the provi- sions hereof as new information becomes available for WAC 173-60-090 Enforcement policy. Noise meas- the purpose of making amendments as appropriate. urement for the purposes of enforcing the provisions of [Order 74-32, § 173-60-120, filed 4/22/75,effective 9/l/75.1 (1999 Ed.) [Title 173 WAC—p 1591 EXHIBIT � ✓ 11 N Y ✓ M�. Epq 0. Ll M L Q V. y N A N « N C 4 O U U O u N ^• ro N Y N p a N 4 L - Q M a + r U V N ■ L O 1n •� tl MC L O p 1 R .4. U w V R r wp R r rC 9 N « S a U ^ M �. O .y. Y 0 y a ` Y u C .C. y 4 4 0) ■ -"• i S u 6 ■■ Y 'AM C C Y O■�. N M N Y :3 m L L u Y ` ✓ L p 4 O 4 MMMIII r M z n C y �• O O �„ a L S A 4 Y Y 0, ^ a Y Y r } 7 a U C L U �. N N �• Y . V ✓ ✓ r ✓ Y 0. C y a •a• 101■ u o n e w o •L• c 9 _w K a o pyka o a y y 0 n W G f G. +Qa• yOj a ` C a r " Y 0 Y a y N O O a. � s � « y a S 0 U C U ✓ U .r a r a Y U 4 vN ^ 0 Y L U Y Y C (. M O N 9 a V L O G a • 0 M D U . Y N w r • U Y uL .qui r L O O U S, D) go C y •: N C Y s N « .Y• G U O !� {{{UUU V yyV,, 4 ap G C O 4 N y Y L U Y N D ) 0 ~ a L w n m a > ✓ ■ Y D _ •+ 0 ^ F M Y r L C M L R -• Y t O N Y� L Y a r r a Po Y a a a a {" L MM �i�o �' « y L Y � C y ■ V � .. M it N « U / ■ r qc ■ ■ Y N y YVY 84 a y A " F Y Y F Nyyyy Y SN ■ •^ Y 8 G L « ID. .Oi a F V Y O N y -•Y r 0 L ' .�.. {J a V V •� a .7 is n M Y V h• C L R U y ..• p ✓ n Y l� V C4 ✓ U M y a P ■ N N so O p L 4 u U a✓ r �MM {y1 (Ly If .. y a ` N Y • 2 L Y N N A OI pO Cv uM o N 4 KN •9• R y Mp W 7pp �'_•J A v >• E 0 t E Y i 5 u « Iri Y y a 0 N •0t.. Q .pr L Y 7 y a •� H U ~ ~ p L R M Y • D 0•• ■ D: N Cp L �. C L, c L i O E s, N 7 xx vy y E 9 isC L „ 1^ Y h Y y a 0 « Q a « V - E l' L• «17 V U C U GGGJJJ 1 L Y V M U{� q Y M C M .( V) tl ^ 4 N O •.• N r {/J Y •7 Y « V " r C D. i r •.. C �. U u�u q 1 1 + yy r ^1 O yY ti �i µ 0 ey �xtl Y• ►. 0 � L r A .� N My+ U.7 9 � tl J = C � V C■ Z p^ Y 4 �VC S r JI y �pN1 � �pC7 �• N A K U m A te. 4 4 N • 6 E A. 0 •+ w i l• F 7 ryq �y •rY� S r •+.•. �. N ri � h IG n m O� O .. n .�. r .„.. .V. .�`.. .tl." .p.• R N N N N N N N � EXHIBIT � 115 kV Edge of Right-of-way Max.On Rlght-of•way 50 ft. 100 ft. 200 ft. 300 tt. Magnetic Field (mG) Average 20 5 1 0.3 0.1 Peak 40 10 2 0.6 0.3 UNA Edge of 230 kV Right-of-way Max.On Right-of-way 50 tt. 100 ft. 200 ft. 300 ft. Magnetic Field (mG) Average 35 15 5 1 0.5 Pew 70 30 10 2 1 500 kV Edge of Right-of-way 1 Max.On Right-of-way 65 ft. 100 ft. 200 ft. 300 ft. Magnetic Field (mG) Average 70 25 12 3 1 f Peak 140 50 25 7 3 FIGURE 11. Typical magnetic field strengths at various distances from 8PA transmission lines.Actual field strength and right- of-way width depend on line design and current levels. Current levels vary widely throughout the year due to fluctuations in electricity use. Therefore,both annual average and peak values are given(peak values occur less than f percent of the time). 19 STATE OF WASHINGTON auyoF n� COUNTY OF THE UNDERSIGNED, BEING FIRST DULY SWORN, ON OATH STATES THA1 t)N THIS DAY AFFIANT DEPOSITED IN THE MAILS OF THE LINITEP STATES OF AMERICA A PROPERLY STAMPED A D CITY OFDiMFEN TEttiIvELOPE DIRECTED TO THE UHRAL c aJdt�` OFFICE OF THE LAND Ugl PF WITIM.rQn OF-THE DOCUMENT (206) 859-33e SUBSCRIBED AND SWORN T09EFORE ME THIS DAY OF �yQQ ►VJ NOTARY PUBLIC FOR WAS INGTON RESIDING AT 4rQ A a (IQ ig o f IN RE ) MyCmrftonExpires: 0-Ib•940 PUGET POWER CAMBRIDGE ) REQUEST FOR RECONSIDERATION SUBSTATION ) #CE-90-8 ) Introduction A Request for Reconsideration of the Examiner's Decision in this matter was filed by the applicant, Puget Sound Power and Light Company, on September 12 , 1990. The application for a conditional use permit was heard on August 15, 1990 and APPROVED WITH CONDITIONS by the Examiner on August 29 , 1990. The Examiner set forth seven conditions in his approval of the conditional use permit. The. applicant requests reconsideration of two of those conditions: (1) Condition 5 related to noise reduction and (2) Condition 6 related to limits on electromagnetic field exposure. The applicant requests that those conditions be deleted based on alleged errors in fact, law and judgement. A Notice of the Request for Reconsideration was mailed to all parties of record who presented testimony at the hearing on the application. Two responses to the Request for Reconsideration were received: (1) A letter from Craig Brown dated October 1, 1990 and (2) A letter from Patricia R. and J. David Gilmore dated October 1, 1990. Attached to the Gilmore letter are a number of news articles on damage from electromagnetic pulse radiation and opposition to transmission lines. The letters of response introduce no new evidence but merely respond to the Request for Reconsideration and reference to material already in evidence. The news articles submitted with the Gilmore letter do not appear relevant to the issues under reconsideration and will be disregarded for purposes of this reconsideration. The evidence considered by the Examiner in this reconsideration includes all testimony presented at the August 15th hearing, all documents received into evidence at the .August 15th hearing, the Request for Reconsideration and the letter responses to it. Land Use Hearing Examiner Request for Reconsideration Puget Power Cambridge Substation #CE-90-8 Response to Request for Reconsideration Procedural Matters: The applicant, in his cover letter to the Request for Reconsideration, requested information regarding the time-frame for appeal of a decision. The applicant filed his Request for Reconsideration in a timely fashion and raised questions of fact, law and judgement appropriate to be resolved on reconsideration. As a consequence of the filing of the Request for Reconsideration, the decision on the application for a conditional use permit is considered a final decision for purposes of appeal only upon issuance of this Decision on Reconsideration. Substantive Matters: Exposure to Noise: The applicant requests that Condition 5 in the Examiner 's Decision approving the application for a conditional use permit be deleted. Condition 5 reads: Cinder block shall be placed around the transformers in order to reduce noise levels from the substation. The condition was placed on the approval based on the finding of the Examiner that increased noise is of concern to residents surrounding the proposed substation site and the conclusion of the Examiner that, based on testimony of the applicant, anticipated noise levels of as high as 45 dBA could be reduced with cinder block designed to absorb and reflect the type of noise emanating from electrical transformers. See, Hearing Examiner Decision, pages 3 and 6 . The applicant argues on reconsideration that there will be no adverse noise impacts because the noise levels will not exceed those established in Chapter 9 . 20 of the Kent City Code. The applicant' s reliance on that chapter of the Code is misplaced. The chapter does establish a maximum permissible noise limitation of 55 dBA for any activity in a residential zone. It is clear from the record that the substation would not violate this noise standard. However, Chapter 9 . 20 does not deal with land use applications. It is a criminal code with criminal penalties for violations. See, 2 Land Use Hearing Examiner Request for Reconsideration Puget Power Cambridge.Substation #CE-90-8 KCC 9 . 20. 88. The ordinance expressly states that any permit of compliance issued under KCC 9.20 "shall in no way affect the duty to obtain any other permit or license required by law. . . " . KCC 9 .20.76. The chapter cited by the applicant deals with criminal law, not land use law. It establishes maximum levels, but not the appropriate levels in all circumstances. The applicant seeks to place an electrical substation in an existing residential area. A different level of permissible noise may be appropriate for a particular conditional use. Indeed, that is why the City Council has identified some activities - such as the location of an electrical substation in a residential zone - as activities that require a conditional use, permit.' The City Council has directed the Hearing Examiner to consider specific criteria when deciding whether to approve a conditional use permit. Those criteria are set forth in Chapter 15 . 09 . 030 of the Kent City Code. Those criteria require the E4aminer to approve a conditional use only if he finds that, inter alia, 11 the proposed use . . . will not be detrimental to other uses . . . in the zoning district" and that "adequate buffering devices . . . protect adjacent properties from adverse effects of the proposed use, including adverse visual or auditory effects" . The Kent City Council has further directed the Hearing Examiner to: require of the applicant such conditions, modifications and restrictions as the Examiner finds necessary to make the application compatible with its environment and carry out ' The state law which enabled the city to adopt noise standards also recognizes that there may be more protective noise standards in certain situations. RCW 70.107.060 (4). The state agency charged with implementation of the state law has adopted a regulation that expressly recognizes this authority. WAC 173-60-060 states that: Nothing in this chapter or the exemptions provided herein, shall be construed as preventing local government from regulating noise from any source as a nuisance. 3 Land Use Hearing Examiner Request for Reconsideration Puget Power Cambridge Substation #CE-90-8 the objectives of . . . the codes and ordinances of the City. KCC 2. 54 . 100 B (1) . The City Council recognized that the conditions required may not always be set forth in the existing ordinances and codes. The Examiner is thus directed to apply such additional setbacks, screening, fencing, covenants, easements, or other conditions, modifications, or restrictions that may be necessary. KCC 2 .54 . 100 B (1) . The Hearing Examiner clearly has the jurisdiction and authority to apply Condition 5 in the Hearing Examiner Decision of August 29th. The applicant admits that noise of 45 dBA would be received by the residents adjacent to the proposed substation. No evidence has been offered by the applicant to rebut the concerns of the residents about adverse impacts due to increased noise. The applicant' s own testimony suggested that tuned cinder block around the transformers would reduce the noise emanated from the substation. It was stated by the applicant that this could be done at a cost of $40, 000 to $50, 000. This appears to the Examiner to be a reasonable cost given the certainty in noise reduction that will be achieved. The Examiner agrees with the applicant that it was inappropriate to reference the rate base of the applicant as a basis for determining reasonable cost. Rather, reasonableness should be measured by the certainty of result, ability of applicant to pay, and cost of the condition in relation to the entire project. Based on those measurements, Condition 5 is reasonable and should be retained. Exposure to Electromagnetic Fields: The applicant also seeks reconsideration of Condition 6 of the Examiner' s Decision. Condition 6 states: The level of magnetic field shall not exceed 3 milligauss at the property line of the site. The applicant alleges that this condition is based on an error of fact and an error in judgement. The applicant states on reconsideration that a level of 3 milligaus would not be possible to comply with where the transmission line enters the property to go to the substation. The applicant further argues that no protective standards are warranted because of a lack of evidence of harm caused by exposure to electromagnetic fields (EMFs) . 4 Land Use Hearing Examiner Request for Reconsideration Puget Power Cambridge Substation #CE-90-8 The level of 3 milligaus (mG) as an exposure limit was selected by the Examiner based on the applicant's own testimony that the level of EMFs would be 3 mG around the perimeter of the site. The applicant's expert witness, Mr. Mel Walters, affirmed in two oral statements at the hearing that the level of exposure to EMFs around the perimeter of a substation site would be between I and 3 mG. He further testified that a similarly situated substation in Bellevue had been examined and that the exposure was between 1 and 5 mG. Based on this information, the Examiner established a condition that the level not exceed 3 mG. This was intended to inform and assure surrounding residents that the level of EMFs would be relatively low. It was not intended to disrupt the operation of the proposed substation. The applicant now asserts that it would not be possible to locate a substation if a 3 mG limit had to be complied with because transmission lines would exceed that limit. Testimony and evidence submitted by the applicant show that a 115 kV transmission line would generate an electromagnetic field of up to 20 mG directly under the transmission line (about 20 feet from the lines) . This drops to under 5 mG when 50 feet away from the line. The Examiner was in error to not consider the impact of the transmission line on the level of EMFs surrounding an electrical substation. The focus of the Examiner on the conditional use application is on the substation only; the Examiner does not have authority to approve, disapprove or condition the siting of transmission lines. It is appropriate to revise the EMF limit to reflect the contribution to EMFs from the 115kV transmission line. The applicant states on reconsideration that there is "an absence of evidence" about the impact of EMFs and that protective standards are therefore not warranted. See, Applicant ' s Request for Reconsideration, page 3 . The evidence submitted by the applicant and the testimony presented by members of the public at the public hearing shows otherwise. Studies submitted as evidence by the applicant detail how a magnetic field is produced when electric current flows in a wire. The force of this field is measured in units of tesla (T) or gauss (G) . Although shocks associated with electric and magnetic fields are well understood, questions have been raised by scientists as to whether there are long-term negative heath impacts from these fields. See, Exhibit 7 , Electric and Biological Effects of Transmission Lines: A Review, Bonneville Power Administration (June, 1989) . The BPA report summarizes the scientific evidence on page 4 of the report as follows: 5 Land Use Hearing Examiner Request for Reconsideration Puget Power Cambridge Substation #CE-90-8 Over the last 10 years, a growing number of epidemiological studies suggest that people who live or work near electric powerlines or equipment have an increased risk of cancer. . . . The relative risks reported in these epidemiological studies are low. . . . There have been several scientific reviews of the biological research on electric and magnetic fields. These reviews typically conclude that no link has been established between these fields and adverse human health effects. However, they point out that some studies suggest the possibility for adverse effects. The need for long-term research to resolve this issue is universally acknowledged. Studies cited in the report include ones undertaken by the United States Environmental Protection Agency and the World Health Organization. The EPA study concluded that "a great deal of caution must be exercised before allowing any increase in exposure of the general population until a better understanding is obtained of the underlying mechanism of action and possible synergism with other potentially hazardous agents and stressors in the environment" . The World Health Organization study concluded that "the possibility of some perturbing effects occurring following long-term exposure (to magnetic fields) cannot be excluded" . See, pages 89-90 of BPA Report. Numerous other studies are reviewed in the BPA report. Some conclude that adverse health effects are very unlikely. Although the studies do not reach consistent conclusions, there is certainly no absence of evidence about the impact of EMFs on human health. Based on the evidence submitted by the applicant, it appears reasonable to the Examiner to require some means of measuring the exposure to EMFs that residents surrounding the proposed substation might receive. This is best done by conditioning the approval of the substation on a showing that EMFs do not exceed a specified level. At least residents will know that the exposure is below certain thresholds. The appropriate maximum level for EMF exposure can be vigorously debated. The Examiner attempted to avoid engaging in this debate by accepting a threshold that the applicant testified could be met. It now appears on reconsideration that the 3 mG limit at the property line is too stringent given the EMFs associated with transmission lines. A more appropriate level is 20 mG at the property line, given the evidence of EMF strengths associated with 115kV transmission lines. That evidence clearly shows that EMF exposure directly below such a transmission line will not exceed 6 Land Use Hearing Examiner Request for Reconsideration Puget Power Cambridge Substation #CE-90-8 20 MG. This level can clearly be met by the applicant yet remains below most standards set by others who have considered appropriate levels.2 The establishment of a maximum level will require measurement to assure compliance. since humans cannot perceive the 60-Hz magnetic fields, several types of devices have been developed to measure the strength of the field. These include wrist devices, vests, digital read-out devices and shirt pocket meters. Accurate measurement of the field is therefore readily available both by the applicant and by the residents near the electric substation. Decision Following reconsideration of all the evidence submitted in this matter, the Examiner determines that: 1. Condition 5 of the Examiner' s Decision relating to protection from increased noise shall remain as is stated in the Decision. 2 . Condition 6 of the Examiner's Decision relating to exposure to electromagnetic fields shall be changed to read as follows: The level of electromagnetic field shall not exceed 20 milligauss at the property line of the site. In all other respects, the Examiner' s Decision of August 29, 1990 remains the same. DATED this 17th day of October, 1990 . THEODORE P. HUNTER Hearing Examiner 2The State of Florida, for example, has adopted a 150 mG exposure limit for transmission line of 200 kV or less. The State of New York has adopted an interim standard of 100 mG. 7 DISTRIBUTION OF HEARING EXAMINER MATERIAL THE PUGET POWER CAMBRIDGE SUBSTATION RECONSIDERATION INFORMATION WAS MAILED ON TO THE FOLLOWING ON 10/19/90: Mayor City Administrator City Attorney Chief of Police Fire Chief City Engineer, Carol Storm, Randy Brake Parks Director ` Routed in Planning Department Building Director Fire Marshal City Clerk City Council Members (7) Planning Commission Members (9) Hearing Examiner H.E. File Kent News Journal Federal Way News Planning Department File Sent to the following parties of record: LINDA AT OROURKE STEVEN MAYER PUGET POWER 27123 41ST PL S PO BOX 97034 KENT WA 98032 BELLEVUE WA 9809-9731 DAVID/PATRICIA GILMORE 26849 DOWNING AVE S KENT WA 98032 HOLLY ISAMAN 4611 SOMERSET CT KENT WA 98032 CRAIG A BROWN 27118 41ST PL S KENT WA 98032 CORY MEEKS 27112 41ST PLS S KENT WA 98032 KURT ERICKSON 27004 DOWNING AVE S KENT WA 98032 crav of Wiet-1! CITY OF KENT OFFICE OF THE HEARING EXAMINER ZCT& IN RE: ) PUGET POWER CAMBRIDGE ) NOTICE OF REQUEST FOR SUBSTATION ) RECONSIDERATION #CE-90-8 ) A REQUEST for Reconsideration has been received in the case referenced above. The Request seeks deletion of Conditions 5 and 6 as imposed by the Hearing Examiner following the August 29, 1990 hearing or, in the alternative, a reopening of the record to receive additional evidence on the issues raised with respect to electric and magnetic fields (EMFs) . The complete Request for Reconsideration may be reviewed at the Office of the Hearing Examiner, Kent Planning Department, 220 Fourth Avenue S. , Kent, WA 98032 , during the hours of 9 a.m. to 4 : 30 p.m. Anyone who wishes to respond to the Request for Reconsideration must do so by 4 : 30 p.m. on October 2 , 1990, at the above address. The Hearing Examiner may prepare a Decision on Reconsideration following review of the record. The decision of the Hearing Examiner on the above-reference application will not be considered for a final decision until final action is 'taken on the Request for Reconsideration. DATED this 18th day of September, 1990 . FOR THEODORE P. HUNTER Hearing Examiner AFFIDAVIT OF MAILING I,Christine Holden, Administrative Assistant I for the Planning Department, City of Kent,Washington, DO HEREBY CERTIFY that on September 18, 1990,1 deposited in the United States mail collection box, the Notice of Request for Reconsideration of the Hearing Examiner for Puget Power Cambridge Substation 110E-90-8, which Notice of Request for Reconsideration were placed in sealed envelopes addressed to the applicant, owner and parties of record as listed on the Distribution List. nn Christine Holden Subscribed and sworn to before me this day of September, 1990 NOTARY PUBLIC in and for the/Stah�el1,, of Washington, residing in #CE-90-8 LINDA AT OROURKE PUGET POWER -'PO BOX 97034 BELLEVUE WA 9809-9731 #CE-90-8 DAVID/PATRICIA GILMORE 26849 DOWNING AVE S KENT WA 98032 #CE-90-8 HOLLY ISAMAN 4611 SOMERSET CT KENT WA 98032 #CE-90-8 CRAIG A BROWN 27118 41ST PL S KENT WA 98032 #CE-90-8 CORY MEEKS 27112 41ST PLS S KENT WA 98032 #CE-90-8 KURT ERICKSON 27004 DOWNING AVE S KENT WA 98032 #CE-90-8 STEVEN MAYER 27123 41ST PL S KENT WA 98032 September 12 , 1990 SEP 1 2 NO Hearing Examiner PLANNINGDEPARiME City of Kent -- CITYdFKENT 220 - 4th Avenue South Kent, WA 98032 Re : Puget Power Cambridge Substation #CE-90-8 Request for Reconsideration of Hearing Examiner ' s Decision Puget Sound Power & Light Company respectfully requests reconsideration of the above-referenced Hearing Examiner ' s decision . Enclosed is our formal request for reconsideration . Please send ,your written response to the following address : Linda A. T . O' Rourke Puget Sound Power & Light Company P.O. Box 97034 , OBC-11N Bellevue, WA 98009 In submitting this request for reconsideration, Puget Power is concerned about ambiguities in the Kent ordinances which relate to Puget Power ' s right to appeal . Specifically, the issue is whether the periods within which to file an appeal and a request for reconsideration ( 14 days) run concurrently or sequentially . Puget Power raised this issue with Ms . Alice Shope of the City of Kent , and was told that the appeal periods run sequentially. That is , Puget Power ' s right to appeal to the City Council will run from the date of the Examiner ' s decision on the enclosed request for reconsideration . If, for any reason, the Examiner ' s Office feels that the advice provided by Ms . Shope is in error , Puget Power asks that the enclosed request for reconsideration also be received as a Notice of Appeal , with the additional request that consideration of the appeal be deferred pending the Examiner ' s decision on the request for reconsideration. Thank you for your prompt attention to this important matter . Li a A. ou e Associate Land Planner Enclosure 2 5 7 5 q The Energy Starts Here® Puget Sound Power&Light Company P.O. Box 97034 Bellevue,WA 98009-9734 (206)454-6363 BEFORE THE HEARING EXAMINER OF THE CITY OF KENT, WASHINGTON IN RE : Application for Conditional ) Use Permit of Puget Sound Power ) No . CE-90-8 & Light Company, ) APPLICANT ' S REQUEST Applicant. ) FOR RECONSIDERATION I . REQUEST FOR RECONSIDERATION Pursuant to § 2 . 54 . 150 of the Kent City Code ( "KCC" ) , Puget Sound Power & Light Company ( "Applicant" ) submits this Request For Reconsideration of the Hearing Examiner ' s decision in the above-captioned matter , dated August 29 , 1990 (the "Decision" ) II . LEGAL BASIS FOR RECONSIDERATION KCC § 2 . 54 . 150 states that the Decision is subject to reconsideration if it is : based on erroneous procedures , errors of law or fact , error in judgment , or the discovery of new evidence which could not be reasonably available at the prior hearing . . . . Applicant contends that the Decision must be reconsidered due to errors of law and fact , and in judgment . APPLICANT ' S REQUEST FOR RECONSIDERATION - 1 III . GROUNDS FOR RECONSIDERATION A. Finding of Fact No . 7 Page 3 (Error of Fact) . The Examiner found with respect to electric and magnetic fields ( "EMFs" ) that : Key responses of the applicant pointed out that the level of EMF exposure would be less than 3 milligauss outside the fenced off area . This finding . is an error . Testimony regarding EMFs was provided on Applicant ' s behalf by Mr . Mel Walters , Senior Environmental Scientist . Mr . Walters did indicate that magnetic field levels would probably be less than 2 to 3 milligauss at the property line, but only as to those points along the property line distant from where the transmission line enters the substation . Mr . Walters stated that the primary source of magnetic fields associated with substations are incoming transmission lines . His testimony shows that fields at the property line from the 115 kV line entering this substation could reach 20 milligauss . Therefore, it would not be possible to comply with a 3 milligauss limit . Further evidence submitted at the hearing (Exhibit 7) states that magnetic fields from common household appliances can range from 60 milligauss to 2000 milligauss near a electric range , and from 400 milligauss to 4000 milligauss near a APPLICANT' S REQUEST FOR RECONSIDERATION - 2 fluorescent lamp. These represent loads in one typical household served by the Applicant . Applicant simply could not supply electrical service to the City of Kent , or the State of Washington, if substations were required to comply with a 3 milligauss limit . This error of fact is relied upon in Conclusion No . 2e, at page 7 . The erroneous findings and conclusion provide no support for Condition No . 6 , at page 8 . Therefore, Condition No . 6 should be deleted. B . Conclusion No 2d Page 6 (Error in Judgment) . In summarizing his conclusions as to EMFs the Examiner states : Until it can be shown that there is no likelihood of harm from human exposure to increased EMFs due to the location of an electrical substation in a residential area, it is prudent to provide protection from increased EMF exposure where that protection can be implemented at a reasonable cost . (Emphasis added) . Applicant disagrees with the conclusion. An absence of evidence does not warrant protQctive standards of the nature and degree proposed . Evidence submitted shows that the only jurisdiction imposing "prudent" standards is the State of Florida . Florida ' s standard is 150 milligauss at the edge of the right-of-way. This "prudent" standard is some 50 times higher than the standard proposed by the Examiner . APPLICANT ' S REQUEST FOR RECONSIDERATION - 3 The referenced conclusion reflects , however , a much more egregious error in judgment . The Examiner concludes that the 3 milligauss standard "can be implemented at a reasonable cost . " Again, the evidence • shows that this standard would be impossible to implement . Moreover , any attempt to implement such an unreasonable standard would carry unreasonable costs . The error in judgment reflected in Conclusion No . 2d eliminates any reasonable foundation for Condition No . 6 . Therefore, Condition No . 6 should be deleted. C. Finding No 7 Page 3 (Errors of Fact , Law and Judgment) . With respect to audible noise the Examiner finds : A potential adverse impact on property values due to visual and noise impacts and perceived adverse health impacts was also mentioned as a concern. If this is to serve as a finding that the proposed substation would in fact present an adverse noise impact (Applicant is aware of no other such finding) , then the finding is in error . The record shows that audible noise from the proposed substation will not exceed 45 dBA . This is all that is required in the City of Kent . KCC 9 . 20 . 48 establishes maximum permissible noise levels . For receiving properties in the most restrictive classification, the allowable level is 55 dBA. If reduced by 10 dBA for night time hours , the allowable level is 45 dBA (which, as noted above, is a standard which the project will meet) . APPLICANT ' S REQUEST FOR RECONSIDERATION - 4 However , even if this night time standard was exceeded, KCC 9 . 20 . 60 exempts electrical substations . The Examiner has chosen to ignore an ordinance, adopted by the City Council , and require Applicant to spend $50 , 000 to mitigate a non-problem. This is an error of fact , law and judgment . There is no basis in the record to support imposition of Condition No . 5 , at page 7 . D . Conclusion No 2e Page 6 (Error of Law) . In concluding that Applicant should spend $50 , 000 to build a cinder block noise deflection barrier , the Examiner states : This is a relatively minor cost considering the rate base available to spread the cost and the proven reduction in noise that results when a cinder block surrounding is in place . Applicant does not question the Examiner ' s authority to impose conditions within his jurisdiction . However , Applicant does question the appropriateness of the assumption that costs are not material because they may be passed on to Applicant ' s ratepayers . It is Applicant ' s position that , if costs are not warranted, none of its ratepayers anywhere should bear such costs . The Examiner ' s conclusion cannot rest on the comfort of a "deep pocket" provided by Applicant ' s ratepayers . IV . CONCLUSION On the basis of the foregoing, Applicant respectfully requests that the Examiner reconsider the Decision and delete Condition No . 6 on page 8 and Condition No . 5 on page 7 . APPLICANT' S REQUEST FOR RECONSIDERATION - 5 In the alternative, if the Examiner feels that additional evidence is necessary in order to address the issue raised with respect to EMFs , Applicant asks that the record be reopened to address this issue . / DATED this day of 1990 . PUGET SOUND POWER & LIGHT COMPANY r Lind A.T. VRo-trne Associate Land Planner 1 0 6 6 Q APPLICANT' S REQUEST FOR RECONSIDERATION - 6 cry oFleid CITY OF KENT OFFICE OF THE HEARING EXAMINER FINDINGS, CONCLUSIONS AND DECISION nvvicrA FILE NO: PUGET POWER CAMBRIDGE SUBSTATION #CE-90-8 APPLICANT: Puget Sound Power & Light Company (Linda A. T. O'Rourke, representative) REOUEST: A request for a conditional use permit to construct a 16, 000 square foot electrical distribution substation on S. 272nd at 42nd Avenue S. LOCATION: The site is located on the northeast corner of S. 272nd Avenue and 42nd Avenue S. APPLICATION FILED: 6/19/90 DEC. OF NONSIGNIFICANCE ISSUED• 5/31/90 MEETING DATE: 8/15/90 DECISION ISSUED: 8/29/90 DECISION: APPROVED WITH CONDITIONS STAFF REPRESENTATIVE: Fred Satterstrom, Planning Department Carol Proud, Planning Department Alice Shope, Planning Department Gary Gill, Public Works Department PUBLIC TESTIMONY: Linda A. T. O'Rourke, representative Melvin Walters, Puget Power Barry Lombard, Puget Power Other Cory Meeks Patricia Gilmore Holly Isaman Craig Brown Steve Mayer Kurt Erickson 1 Hearing Examiner Decision Puget Power Cambridge Substation #CE-90-8 INTRODUCTION After due consideration of all the evidence presented at public hearing on the date indicated above, and following an unaccompanied personal inspection of the subject property and surrounding area by the Hearing Examiner at a time prior to the public hearing, the following findings, conclusions and decision are entered by the Hearing Examiner on this application. FINDINGS 1. The applicant desires a conditional use permit to facilitate construction of an electrical distribution substation on the northeast corner of S. 272nd and 42nd Ave. South. 2 . The site is approximately 4 .29 acres. The applicant proposes to clear and grade an area of approximately 88, 000 square feet and construct a substation within a fenced area of approximately 16, 000 square feet. 3 . Except for initial construction activity, there will be only two vehicle trips to and from the site each week for maintenance purposes. 4 . The site is zoned R1-7 .2 and is designated as SF, Single Family, in the City-wide Comprehensive Plan. The property is currently vacant with significant natural vegetation. The site is surrounded by residential uses. Property to the west and south is in unincorporated King County. Property to the east was recently short platted and is zoned single-family residential. Property to the north is developed with single- family homes in the Cambridge subdivisions. 5. The proposed substation would consist of the installation of two 115 to 13 KV transformers, two 35 foot dead-end towers and associated electrical equipment. The purpose of the substation is to transform 115 KV power from transmission line to 12 KV power for residential use. The transmission line would approach the substation from the south on 42nd Ave. S. , come into the station on the west side and then terminate at the dead end tower. The applicant asserts that the substation is necessary to provide additional power and increased reliability to the adjacent service areas for existing and future load growth. 2 Hearing Examiner Decision Puget Power Cambridge Substation #CE-90-8 6. A mitigated Final Declaration of Nonsignificance was issued for the proposal on May 31, 1990 with conditions related to drainage easements, storm water detention and biofiltration and street improvements. No one challenged that declaration. 7 . Several residents expressed concerns at the public hearing about the proposed location of the electrical distribution substation next to residential uses. Of particular concern is the impact of electric and magnetic fields (EMFs) on human health. It was noted at the hearing that four private residences share a common boundary with the proposed substation and many more residences are proposed. In addition, it was noted that numerous children use the existing pathway on the west side of the site to go to and from school. Concerns were expressed about EMF exposure to these children and well as the access of children to the substation area. A potential adverse impact on property values due to visual and noise impacts and perceived adverse health impacts was also mentioned as a concern. A number of questions were addressed to the applicant and the City regarding type of vegetation buffer, security around the substation and future plans of the applicant. These questions were responded to by the City and the applicant. Key responses of the applicant pointed out that the level of EMF exposure would be less than 3 milligauss outside the fenced off area; that the substation area would be secured by a chain link fence with three strands of barbed wire at the top; and that the existing pathway would not be interfered with unless necessary for drainage purposes. CONCLUSIONS 1 In order to approve a request for a conditional use permit, the Hearing Examiner must examine the criteria established by the City Council to determine if the request should be allowed. These criteria are set forth in Section 15. 09 . 030 of the Kent Zoning Code. The Hearing Examiner must conclude that: a. The proposed use in the proposed location will not be detrimental to other uses legally existing or permitted outright in the zoning district. b. The size of the site is adequate for the proposed use. 3 Hearing Examiner Decision Puget Power Cambridge Substation ICE-90-8 C. The traffic generated by the proposed use will not unduly burden the traffic circulation system in the vicinity. d. The other performance characteristics of the proposed use are compatible with those of other uses in the neighborhood or vicinity. e. Adequate buffering devices such as fencing, landscaping, or topographic characteristics protect adjacent properties from adverse effects of the proposed use, including adverse visual or auditory effects. f. The other uses in the vicinity of the proposed site are such as to permit the proposed use to function effectively. g. The proposed use complies with the performance standards, parking requirements and other applicable provisions of this code. h. Any other similar considerations that may be appropriate to a particular case allow authorization of the proposed conditional use. 2 . Considering the Findings detailed above, the Examiner concludes that: a. The proposed use of the site for an electrical distribution substation could be detrimental to residential uses that legally exist in R1-7 . 2 zoning district if specific conditions are not applied and enforced. However, the proposed use of the site as an electrical substation is also beneficial to residential uses in the area in so far as the reliability and efficiency of electrical service is enhanced by the proposed substation. No one at the public hearing questioned the need for an additional substation. Electrical substations are specifically designated in the Kent Zoning Code as a "general conditional use" that "require greater freedom of location than other uses" . See, Section 15. 08 . 030 of Kent Zoning Code. 4 Hearing Examiner Decision Puget Power Cambridge Substation JCE-90-8 b. The size of the site is adequate for the proposed use. A minimum lot size of 7,200 square feet is necessary in the R1-7 . 2 zoning district. This lot greatly exceeds that area and proposed lot coverage is only about 35 percent. C. The traffic generated by the proposed use will hardly be noticeable and will not burden the traffic circulation system in the vicinity. d. Other performance characteristics of the proposed use will not be compatible with the those of other uses in the vicinity unless specific conditions are applied and enforced. Specifically, the concerns for human health associated with EMFs must be addressed. Neighbors surrounding the site and parents of children who use the existing pathway on the site to go to and from school are legitimately concerned about the impacts of EMFs. Although there is no irrefutable evidence that EMFs cause human health problems, there clearly is a strong perception that health problems may be caused by exposure to EMFs. In addition, the summaries of scientific studies presented by the applicant as Exhibits 6 and 7 conclude that: Although many studies of EMF exposure show no evidence of harm, a small number of studies has raised the question of whether EMF exposure could increase human cancer. These studies are inconsistent and have not been resolved by laboratory investigation. . . . In the meantime, the evidence of harm, as discussed above, must be considered inconclusive. Exhibit 7 , page 4 . There have been several scientific reviews of the biological research on electric and magnetic fields. These reviews typically conclude that 5 Hearing Examiner Decision Puget Power Cambridge Substation #CE-90-8 no link has been established between these fields and adverse human health effects. However, they point out that some studies suggest the possibility for adverse effects. The need for long- term research to resolve this issue is universally acknowledged. Exhibit 7 , page 4 . Until it can be shown that there is no likelihood of harm from human exposure to increased EMFs due to the location of an electrical substation in a residential area, it is prudent to provide protection from increased EMF exposure where that protection can be implemented at a reasonable cost. e. Adequate buffering could protect adjacent properties from adverse visual and auditory impacts at a reasonable cost. It is necessary to provide Type I landscaping on the eastern and western boundaries to assure an adequate visual buffer as the substation and residential uses are entirely separate uses. The existing vegetation on the northern boundary of the site should also be preserved as a visual buffer. Noise impacts could be as high as 45 decibels at the property line. This amount of noise would be noticeable to residents in the area during nighttime hours. Noise impacts could be reduced if construction hours are limited and if the transformers are surrounded by cinder block to absorb and deflect sound. The applicant testified that cinder block noise deflection could cost up to $50, 000 at the site. This is a relatively minor cost considering the rate base available to spread the cost and the proven reduction in noise that results when a cinder block surrounding is in place. Potentially adverse EMF impacts can be mitigated if specific limits are adhered to regarding the amount of off-site EMF exposure. The applicant testified that exposure levels at the perimeter of the site 6 Hearing Examiner Decision Puget Power Cambridge Substation #CE-90-8 would be less than 3 milligauss - a degree of exposure that appeared to alleviate the concerns of residents surrounding the site. A variety of transformer equipment is available with varying degrees of associated EMF exposures. The applicant should provide the equipment that allows EMFs to be kept to a minimum. The exposure levels will vary from time to time at the site, but can be easily measured with measuring devices available from the applicant. These measurements should be shared with surrounding residents upon request to assure compliance with the level of exposure testified to by the applicant; 3 milligauss or less. f. The other uses in the vicinity of the proposed site - such as the residences, community facility, and school - would allow the proposed use to function effectively. g. The proposed use complies with the performance standards and parking requirements of the code. h. There are no other considerations applicable to this case beyond those already addressed above. DECISION Based on the Findings and Conclusions detailed above, the application is APPROVED subject to the following conditions: 1. Type I landscaping shall be provided along the eastern and western boundaries of the site. 2 . Hours of operation for construction shall be limited to 8 : 00 a.m. to 5: 00 p.m. Monday through Friday. 3 . Natural vegetation shall be preserved wherever possible and where consistent with the goal of providing visual buffers. 4 . Three strands of barbed wire shall be placed on top of the proposed seven foot high chain link fence with slats in order to discourage access to the substation. 5. Cinder block shall be placed around the transformers in order to reduce noise levels from the substation. 7 Hearing Examiner Decision Puget Power Cambridge Substation #CE-90-8 6. The level of magnetic field shall not exceed 3 milligauss at the property line of the site. 7 . The existing pathway on the west side of the property shall remain outside the fenced off area. The possibility of a combined drainage and public pathway easement that allows use of the pathway for school children to avoid use of streets should be explored. Dated this 29th day of August, 1990. T E DORE PAUL HUNTER Hearing Examiner Section 15 . 09 . 030 G: Kent Zoning Code provides that any conditional use permit granted by the Examiner shall remain effective only for one (1) year unless the use is begun within that time or construction has commenced. If not in use or construction - has not commenced within one year, the conditional use permit shall become invalid. APPEALS FROM HEARING EXAMINER DECISIONS. Request of Reconsideration Any aggrieved person may request a reconsideration of a decision by the Hearing Examiner if either (a) a specific error of fact, law, or judgment can be identified or (b) new evidence is available which was not available at the time of the hearing. Reconsideration requests should be addressed to: Hearing Examiner, 220 Fourth Avenue S. , Kent, WA 98032 . Reconsiderations are answered in writing by the Hearing Examiner. Notice of Right to Appeal The decision of the Hearing Examiner is final unless a written appeal to the Council is filed by a party within 14 days of the decision. The appeal must be filed with the City Clerk. Usually, new information cannot be raised on appeal. All relevant information and arguments should be presented at the public hearing before the City Council. 8 Hearing Examiner Decision Puget Power Cambridge Substation #CE-90-8 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. 9 City of Kent - Planning Department S 261ST ST NO, �- S 262NO ST ' RO t � Q" S 263R0 ST SOME RSET IN Jl W J� t ¢ Q HAMPTON , o Quo OP H9Y ' GL ENN W v�v TOTE# 'NEL SON z ~ ' .1R. v PAR!( C `� ML 8TH ST x . a STAR CARNASY r u L,91(E T ■ EL EX S i ? m >Cr !- f" o x�n m APPLICATION NAME: Puget Power Cambridge Substation NUMBER: CE-90-8 DATE: August 15, 1990 REQUEST: Conditional Use Permit LEGEND VICINITY MAP Application site Zoning boundary ��= City limits City of Kent - Planning Department ------ ------ ------------------------- 4 T /T1V'O.'J OW,. VNK MK- B'N4u a,! _ �'-�• M'� � ,uGfa 1v 2 �^r arc >rn. "'�� •• �'� � .' 3' aN [rt+tR Lx Cv YK+.c CCMIfC w2 I . � 2,0 RA•J-N• i� 7 A. P•.tw t,1rc.J j Bbr_vrnr—Cb--- � --- � U ro �•kcTJ% •'�"'"1: M^?. APPLICATION NAME: Puget Power Cambridge Substation NUMBER: CE-90-8 DATE: August 15, 1990 REQUEST: Conditional use Permit LEGEND SITE PLAN Application site LANDSCAPE PLAN Zoning boundary City limits • `/ ��+� W, AND N®r fill off Q Ell m VIA,fill Ell i •1 0 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 August 15, 1990 The public hearing of the Kent Hearing Examiner was called to order by the presiding officer, Ted Hunter, Hearing Examiner, on Wednesday, August 15, 1990 at 3 : 00 p.m. in the Kent City Hall, Courtroom. 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. PUGET POWER CAMBRIDGE SUBSTATION Conditional Use Permit #CE-90-8 A public hearing to consider the request by Linda A.T. O'Rourke for Puget Sound Power and Light, PO Box 97034, OBC-11N, Bellevue, WA 98009, for a conditional use permit to construct an electrical substation to be known as Cambridge Substation. The site is located on the northeast corner of S. 272nd and 42nd Avenue S. Alice Shobe, Planning Department, reiterated the conditional use permit request. Ms. Shobe went over the maps showing the location of the site, topographic plan and site plan attached to the staff report. Ms. Shobe corrected the staff report to state the reference concerning the landscaping on the northern and eastern boundaries should be western and eastern boundaries. A video of the site was shown. Ms. Shobe commented a Determination of Nonsignificance was issued in May 1990. Ms. Shobe discussed the criteria that should be reviewed when consideration a conditional use permit request. Ms. Shobe commented the staff is recommending approval with conditions. Mr. Hunter asked if the applicant would like to comment. 1 Hearing Examiner Minutes August 15, 1990 Linda O'Rourke, Puget Sound Power & Light, lectured on the need for a substation at this site. Ms. O'Rourke went over a map showing where the transmission lines would be entering and leaving the site (Exhibit 2) . Further, the transmission lines will be overhead in the public right of way. Ms. O'Rourke described the project. Ms. O'Rourke stated the access to the site will be from 272nd. Ms. O'Rourke concurred with the City's recommendation for Type I landscaping on the east and west sides of the property. Ms. O'Rourke remarked in 1982 the substation was to have been built; however, it was shelved. Initially, one tower will be constructed; in approximately eight years another tower will be constructed. Ms. O'Rourke submitted to the record a hearing memorandum of applicant (Exhibit 3) . Mr. Hunter asked if there was anyone who would like to comment. Cory Meeks asked: if the value of the residences in the area could be adversely affected; when will construction begin; will the trees and shrubs used in the landscaping be fully grown or will there be' several years before the site is obscured; will the site be safe from the children and animals in the area; what will the power lines look like. Mr. Meeks stated his fence line and landscaping encroach into Puget Power's property. At the time he purchased the property, the fence and landscaping already existed, he wanted to know what would be done about this encroachment. Patricia Gilmore submitted a letter to the record (Exhibit 4) . Ms. Gilmore read the letter into the record. The letter concerned the effect on health from electromagnetic emissions. Holly Isaman, 4611 Somerset Court, Kent, WA 98032 , commented she is also representing the Star Lake Elementary School PTA. Ms. Isaman asked if the path through the property currently used by children going to and from school will be left opened and maintained. Further, there are concerns about the possible dangers involved in walking next to this site. Ms. Isaman also asked: if site would be secured to keep children away from the substation building and Federal Way School District asked to be informed of the decision of this hearing. Craig Brown, 27118 41st Place S. , Kent, WA 98032, stated his back yard abuts the proposed site. Mr. Brown asked some questions: 1) asked for a clarification on the difference between a Type I and Type II landscaping; what kind of vegetation will be used for screening; the map shows landscaping on the south and west, is that correct; felt the constructions hours should be no earlier than 8 am and no later than 6 pm--Monday through Friday; felt much of existing vegetation should be retained; a six to eight foot high earthen berm should be constructed between the fence and the green belt; asked that Puget Power be required to improve and maintain the trail used by the children and others. Mr. Brown submitted a letter to the record (Exhibit 5) . 2 Hearing Examiner Minutes August 15, 1990 Steve Mayer, 27123 41st Place S. , Kent, WA 98032 , enumerated his concerns: not notified of meeting and asked for an explanation of the LID. Mr. Mayer commented on the traffic volume on 272nd. Mr. Mayer stated he felt the gravel path was extensively used. He asked if a crosswalk with a light could be located across 272nd. Curt Erickson, 27004 Downing Avenue S. , Kent, WA 98032, asked several questions: under Environmental Considerations what does a no-protest LID covenant for the construction of 42nd Avenue S. mean and what is Type I and Type II landscaping? Mr. Erickson asked if the cables can be shielded to prevent an electromagnetic field problem. Furthermore, if a berm was placed around the site, would the berm reflect back to the substation any electromagnetic waves? Mr. Erickson asked if a cross-walk bridge could be constructed on 272nd to accommodate the children crossing the street. Mr. Hunter asked for rebuttal comments. Ms. Shobe, Kent Planning Department, explained the tree ordinance. Ms. Shobe discussed the difference between Type I and Type II landscaping. Ms. Shobe submitted to the record a reduce copy of the proposed plantings proposed by Puget Power (Exhibit 6) . Gary Gill, Public Works Department, gave a brief explanation of a local improvement district (LID) . Mr. Gill commented on the conditions listed in SEPA. He pointed out that 42nd Avenue will not be a through street. Mr. Gill continued explaining the different conditions required for this project. Mr. Gill stated the City had no immediate plans for a mid-block crosswalk in this area and the cost of a pedestrian overhead crossing is quite prohibitive. Ms. O'Rourke remarked the subject property has been owned by Puget Power in 1982 . Further, since 1982 , a sign has been on the site stating the site would be used for a Puget Power substation. Ms. O'Rourke stated on the portion of the site where the substation will be built will be fenced with a seven-foot high slatted chain link fence with one foot of barbed wire on top. The fenced area will have a gate to prevent access. Ms. O 'Rourke stated Puget Power does not plan on closing the pathway used by the people in the area. There might be one change to the site plan, the project might be moved further to the north to accommodate the proposed widening of the 272nd. Ms. O'Rourke talked briefly about the construction of the substation. Berry Lombard, Puget Power, talked about the noise level from the transformer. Mr. Lombard stated the latest model transformers emit very little noise. At a few of the older sites where transformers are quite noisy, Puget Power did construct a hollow cinder block type of fence to help absorb the noise. This fence would need to be higher than the transformer to completely block the noise. 3 Hearing Examiner Minutes August 15, 1990 Melvin Walters, Puget Power, talked about the electromagnetic field emitted by the site. Mr. Walters commented there have been several studies done on the effect on people of electromagnetic emissions; however, no causative effect has been found. Mr. Walters stated that according a comparison study concerning the measurements made of the electromagnetic fields, the substation emits. less electromagnetic emissions than an electric stove found in the typical household. Mr. Walters did state that electromagnetic emissions will vary at the site. Mr. Walters submitted to the record a brochure and study done concerning electromagnetic emissions (Exhibit 7) . Ms. Gilmore asked why couldn't the building of the substation wait until a final report regarding the effect of electromagnetic emissions was done. Mr. Walters stated there have been several reports issued. Mr. Walters commented EPA has stated there isn't enough data to make a final evaluation on the effect of electromagnetic emissions. Mr. Brown was concerned about the visual effect this substation will have on the neighborhood. Mr. Brown wanted to know which areas would have Type I landscaping and which areas would be Type II landscaping. Ms. Shobe commented Type I landscaping would be on the eastern and western boundaries, Type II landscaping on the front street, and, at the rear, Type II landscaping along the fence. There was no further testimony. The hearing was closed at 5: 15 pm. 4 ary oFTktrd CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 STAFF REPORT FOR HEARING EXAMINER MEETING OF AUGUST 15 , 1990 FILE NO: PUGET POWER CAMBRIDGE SUBSTATION #CE-90-8 APPLICANT: LINDA A.T. O'ROURKE FOR PUGET SOUND POWER & LIGHT COMPANY REQUEST: Pursuant to Section 15 . 08 . 030 (B1) of the City of Kent Zoning Code, a conditional use permit is requested to construct a 16, 000 square foot electrical distribution substation on S. 272nd at 42nd Avenue S. STAFF REPRESENTATIVE: Alice Shobe, Planner STAFF RECOMMENDATION: Approval with conditions. I . GENERAL INFORMATION A. Description of the Proposal Puget Sound Water and Light Company proposes construction of a 16, 000 square foot electrical distribution substation with a graveled yard. There will be two power transformers and two deadend towers from which overhead conductors will be strung to one of the existing power transmission lines immediately south and west of the site. The site will be fenced and will be accessed by a driveway east of the substation. B. Location The site is located on the north east corner of S. 272nd Avenue and 42nd Avenue S. C. Size of Property The site is 4 . 29 acres in size. 1 Staff Report Puget Power Cambridge Substation #CE-90-8 D. Zoning R1-7 . 2 , Single-Family Residential, 7 , 200 square feet minimum lot size . E. Land Use The site is currently vacant with significant natural vegetation. A small pond, which appears to be manmade is located near the eastern boundary of the property. This proposal includes filling in the pond. This property additionally serves as a drainage course for storm waters collected on and along 270th Street and released in the vicinity of the property' s northwest corner. Said waters traverse this property to the drainage system in S. 272nd Street. As a result, drainage easements are required in accordance with the City of Kent Public Works Department standards. F. History 1. Site History This site is surrounded by residential uses. Property to the west and south is unincorporated King County residential. To the north is the Cambridge 5 and 6 and Cambridge East Subdivision, developed with single-family homes. Property to the east was recently short platted and is zoned single-family residential. 2 . Area History This site was included in a 332 acre area of land that was annexed into the City of Kent on December 11 1960, under Ordinance 1078 . There has been a substantial amount of short plat activity in recent years to the east and north of the proposed site. An application for Winterbrook short plat (#SP-89-14) , which borders the site to the east, was approved November 15, 1989 . The plat has not been officially recorded with King County at this time. Other short plats in the immediate area include: Cambridge South Short Plat (2 lots, 1979) , Finer Homes Short Plat (4 lots, 1978) , Lombardo Short Plat (4 lots, 1986) , Grube Short Plat (4 lots, 1978) , Hayashi Short Plat (4 lots, 1977) , Hayashi Subdivision (3 lots, 1982) , and Shannon Short Plat (4 lots, 1989) . 2 Staff Report Puget Power Cambridge Substation #CE-90-8 II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A Final Declaration of Nonsignificance (#ENV-90-42) was issued on May 31, 1990 with the following conditions: 1. The owner/developer shall provide an as built survey by a Washington State licensed land surveyor of this drainage and grant to the City drainage easements for that portion there of which lie on this property. The width of said easement shall be sufficient as determined by the Public Works Department to accommodate the drainage course and necessary maintenance thereof. 2 . The owner shall provide on-site detention and biofiltration of storm water runoff prior to discharge into the nearest public storm system. A minimum 200 foot long biofiltration swale with maximum three (3) to one (1) side slopes is required. Wet ponds, filter strips, or other alternatives shall comply with the latest edition of the King County Surface Water Design Manual. 3 . The owner must execute a no-protest LID covenant for the future construction of 42nd Avenue S. to City standards between S. 272nd Street to S. 270th St. 4 . If necessary, the owner shall deed property to provide a minimum half street right of way of forty two (42) feet as measured from the centerline of the existing roadway. B. Significant Physical Features 1. Topography and Hydrology The topography of this site varies from flat to rolling. Near the southeastern corner of the property there is a large mound approximately five (5) feet high and forty (40) long. Near the northeastern boundary there is what appears to be a manmade pond which is approximately forty (40) feet by fifty (50) feet. In general, the site slopes to the south. There is a ditch which runs across the southern border, parallel to S. 272nd Avenue. 3 Staff Report Puget Power Cambridge Substation #CE-90-8 2 . Vegetation The site is almost entirely covered with brush and has scattered cottonwood, willow, and alder trees throughout the site. Tall grass and some wild flowers are located near the pond located on the eastern border. C. Significant Social Features 1. Street System The subject property has access to S. 272nd Street which is classified as a minor arterial. The street has a public right-of-way width of 84 feet while the actual width of paving is 58 feet. The street is improved with lanes of asphalt paving. The average daily traffic count on the street is 18 , 500 vehicle trips per day. 2 . Water System An existing six (6) inch water main line runs along the north end of the entire parcel and is available to serve the subject property. 3 . Sanitary Sewer System There is no existing sewer service to the subject property. 4 . Storm Water System During the SEPA process it was determined that a storm water drainage system will be necessary. Such system was a condition of the SEPA determination. 5. LIDs There are no existing LIDS at this time. III . CONSULTED DEPARTMENTS AND AGENCIES The following departments and persons were notified of this conditional use permit application: City Administrator City Attorney Chief of Police Fire Chief 4 Staff Report Puget Power Cambridge Substation #CE-90-8 Director of Public Works Building Official Parks and Recreation Director In addition to the above, all persons owning property which lies within 200 feet of the site were notified of the application and of the August 15, 1990 public hearing. Staff comments have been included in the report where appropriate. VI. 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 intention 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 following is review of each of the above plans as they relate to the proposed development. CITY-WIDE COMPREHENSIVE PLAN The City-wide Comprehensive Plan designates the site as SF, Single Family Residential. PUBLIC UTILITIES ELEMENT OVERALL GOAL: PROVIDE A PLANNED, COORDINATED UTILITY SYSTEM GOAL 5: Assure a balanced, continuous and adequate power supply for the Kent area. 5 Staff Report Puget Power Cambridge Substation ,#CE-90-8 Planning Department Comment The intent of the proposed project is to meet the increasing need for electrical power in the City of Kent. The Comprehensive Plan acknowledges the importance of providing adequate power for Kent residents. Therefore, the need the electrical substation is consistent with the Comprehensive Plan. B. Standards and Criteria for a Conditional Use Request The following standards and criteria shall be used by the Hearing Examiner to evaluate a request for conditional use. Such condition use shall only be granted after the Hearing Examiner has reviewed the proposed use to determine if it complies with the standards and criteria listed below. . The standards are provided for in the Kent Zoning Code, Section 15. 09 . 030 D. A conditional use permit shall only be granted if such a finding is made. The staff has responded to these criteria and made the following findings: 1. The proposed use in the proposed location will not be detrimental to other uses legally existing or permitted outright in the zoning district. Planning Department Comment The proposed use is not an outright permitted use in a single-family residential zone. Yet, Section 15. 08 . 030 of the Zoning Code defines utility facilities as a use which may be required throughout the City, regardless of the zoning designation. The proposed use will enhance the surrounding residential neighborhoods by expanding the available electrical system. 2 . The size of the site is adequate for the proposed use. Planning Department Comment A minimum lot of 7, 200 square feet is required in a R1-7 . 2 zone. This site is approximately 4 . 29 acres, which greatly exceeds the minimum lot requirement. Additionally, only 35 percent of the entire shall be covered with impervious surfaces upon the completion of this substation. A significant portion of the site shall be devoted to landscaping and screening from the adjacent uses. 6 Staff Report Puget Power Cambridge Substation JCE-90-8 3 . The traffic generated by the proposed use will not unduly burden the traffic circulation system in the vicinity. Planning Department Comment It is estimated that after construction is completed, only one trip to and from the site will be made per week for maintenance purposes. The limited number of trips will not significantly impact the traffic circulation system. 4 . The other performance characteristics of the proposed use are compatible with those of other uses in the neighborhood or vicinity. Planning Department Comment The site will have enhanced landscaping to avoid detracting from the residential quality of the area. 5. Adequate buffering devices such as fencing, landscaping, or topographic characteristics protect adjacent properties from adverse effects of the proposed use, including adverse visual or auditory effects. Planning Department Comment In order to assure adequate buffering between the substation and surrounding residential uses, it appropriate to require Type I landscaping which will provide a 100 percent site- obscuring screen along the eastern and northern boundaries. Type II landscaping shall be integrated throughout the remainder of the site. An operating substation will emit noise that may be heard at a distance. WAC 173-60 outlines maximum noise level standards that must be adhered to by Puget Power. Once the substation is operating, the maximum noise level standards outlined in WAC 173-60 shall not be exceeded. 6. The other uses in the vicinity of the proposed site are such as to permit the proposed use to function effectively. 7 Staff Report Puget Power Cambridge Substation JCE-90-8 Planning Department Comment The other residential, community facility, and school uses in the surrounding area will not impact the function of the proposed project. 7 . The proposed use complies with the performance standards, parking requirements and other applicable provision of this code. Planning Department Comment Due to the nature of this facility there will be no parking requirements. The gravel driveway shall be sufficient for the minimal amount of traffic and the occasional parking necessity. The applicant has stated that Type II landscaping will be provided throughout the site, however, the City shall condition Type I landscaping on those portions of the lot abutting residential property. Section 15. 07 . 050 (A) of the Kent Zoning Code states that the purpose of Type I landscaping is "intended to provide a solid sight barrier to totally separate incompatible uses. " Type I will insure compatibility with the surrounding neighborhoods. It appears that other provisions of the code have been addressed on the submitted site plans. Additional concerns shall be addressed during the building permit approval process. 8 . Any other similar considerations that may be appropriate to a particular case. Planning Department Comment None. VII. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a rezone, the City staff recommends approval with the following condition: 1. Type I landscaping shall be provided along the eastern and northern boundaries of the subject property to assure maximum barrier between the substation and adjacent residential uses. KENT PLANNING DEPARTMENT August 3 , 1990 8 City of Kent - Planning Department P� S 261ST ST r ,��►, S 262NO ST h� a 63R0 S� ^>°j S 263R0 ST SOHERSET LN t ' ¢ Q HAHPTON ' z Q=� pQ N9Y o ■ GL ENN w vw TOTEM ■ NELSON z ~ c ✓SCHOOLy PARK -- ` �� a 8TH ST co °C r u L 9KE CRRNRBY EL EN, T '^ SCHOOL m S T,....:..:.`. L a a , C o APPLICATION NAME: Puget Power Cambridge Substation NUMBER: CE-90-8 DATE: August 15, 1990 REQUEST: Conditional Use Permit LEGEND VICINITY MAP :'`•` Application site Zoning boundary m m-m City limits City of Kent - Planning Department aye � 64 r •/ err •q- f - ..�:_.___._._�_—___ ��.�. :-:ter. ... �, �: WPt-/sK scars - I.Az4 to S ItsVr ay.c Or Lvi � ,: . fN_(_p� 1 T C( ILL.PAK Y•A:JIYY_ �:.( i ,j%i/:/ � / •fir J .NO..TH APPLICATION NAME: Puget Power Cambridge Substation NUMBER: CE-90-8 DATE: August 15, 1990 REQUEST: Conditional Use Permit LEGEND SITE PLAN Application site LANDSCAPE PLAN Zoning boundary City limits City of Kent - Planning Department El ED T I rL ", (a Q � C5 CJ53 7 Ttt~ a o °' ti GJ El p Q �q APPLICATION NAME: Puget Power Cambridge Substation NUMBER: CE-90-8 DATE: August 15, 1990 REQUEST: Conditional Use Permit LEGEND :: r: ZONING / TOPOGRAPHY MAP ::::;;:Application site �Zoning boundary City limits CITY OF KENT OFFICE OF THE LAND USE EXAMINER (206) 859-3390 PLEASE NOTE: This verbatim transcript was prepared by the City Planning Department for use by the City Council in hearing the appeal of the Hearing Examiner's decision. It is intended as an aid to the Council in reviewing the record of the Hearing Examiner. It is not an officially certified transcription. The audio tapes of the hearing before the Hearing Examiner are also available to the Council and the parties to the appeal. These tapes should be reviewed if there is any uncertainty about the transcription prepared for the Council's review on appeal. The unofficial transcript should not be relied upon for decision making by the Council if there is any uncertainty about the record before the Hearing Examiner. If the matter under review is further appealed to Superior Court, an officially certified transcript will be prepared in response to the Court's decision. cry oFTZien CITY OF KENT LAND USE HEARING EXAMINER (206) 859-3390 PUGET POWER CAMBRIDGE SUBSTATION #CE-90-8 Hearing of August 15, 1990 at 3 : 00 p.m. Verbatim Minutes Ted Hunter: O.k. I 'm going to call this to order. It is 3 : 05 on August 15, 1990, sesssion of the Hearing Examiner. We have one item on the agenda today and that is an application by Puget Power. . .Puget Sound Power and Light for a substation. . . substation, conditional use permit, location at S. 272nd and 42nd Avenue S. This is not our not normal setup obviously and we have some adjustments we ' ll have to make to accommodate presentations. This hearing is recorded, every item that we speak of today is a matter of public record and it is important that we get everything recording and the tape recording system is at this table. So what we will do is whoever is presenting information or testimony, we' ll ask them to step forward and have a seat at the front table and we' ll hold the hearing that way. I 'd like to have some indication of who would like to present testimony today. The typical pattern that we use and that we will use today even with the change of location is we will allow the City to present the information first, that is based on the staff report of the Planning Department and copies are available up here at the table. You should make that everyone has a copy because we do not have overheads to present. So, if you don't have a copy of that Planning report, Alice with the Planning Department will hand you one now. In addition there are the procedures, description on how the procedures flow if anyone needs those, there' s a copy of those up here. The third item is a sign-up sheet if you want to make sure you get a copy of the decision mailed directly to you, make sure you sign the sign-up sheet that is being circulated, I believe, yes, its circulating somewhere in the back row here, so, make sure that you sign on that if you want receive a copy of the decision. It ' s not necessary to sign up to testify but that is the way that you assure that you are a party of record and will receive a copy of the decision. So, the City usually will go first, the applicant following the City and then others that want to testify. I would like to see who' s here for the applicant. O.k. , we have the three individuals representing the applicant. Are there others present that would like testify on this application. Voice: If we just have some questions about how it would affect us, is this an appropriate place to ask these questions? 1 Hunter: What we will do is take questions basically as testimony, following the presentation by the City and then by the applicant, there will be an opportunity for questions to be raised of the City or the applicant and we' ll take that in the context of testimony to make sure its a part of the record so we' ll allow an opportunity after those presentations and then an opportunity for response by the City or the applicant or both whichever might be most appropriate. So, it looks like we have .a couple of, two individuals, who would like to testify on the application, three. O.k. , . I ' ll indicate that this is a matter of quasi-judicial proceedings that we will take testimony under oath, you will be allowed to ask questions,' have those questions responded to, its a small enough hearing we will ample time for everyone to speak that wants to speak, make sure that all your questions are responded to if they can be at this hearing and with that we will begin with the presentation by the City and Ms. Alice Shobe is presenting today. Yes, and we will .come forward and have a seat rather than the podium approach we ' ll be seated so that we can pick everything up in the microphone here. Just a minute. Now, do you swear, affirm to tell the truth and the whole truth in the testimony you're about to give? Alice Shobe: I do. Hunter: Please proceed. Shobe: I ' ll try to speak louder. I ' ll try to talk a little bit of both ways. The proposed project is a Puget Power Cambridge Electrical Substation. Its located on the northeast corner of S. 272nd and 42nd Avenue S. Hunter: Alice, let me interrupt. I 've got a better idea. I think that if you were here perhaps. I could see you and then the audience could also hear you. Shobe: O.k. If you look in the packet in the last few pages there' s a map that shows exactly where this is. The big black dashed lines shows the City limits. So you can that this is on the edge of the City and what's not shown is a. . . .a little bit of what's shown is unincorporated King County. It. . . The last page it shows the zoning designation and, again, the site is shaded and it's zoned R1-7. 2 which means residential lots that must be a minimum of 7, 2QQ square feet. And, it continues with some other residential. . . basically the site is completely surrounded by residential, on two sides surrounded by unincorporated King County residential but residential nonetheless. The property that. . . in question is 4 . 29 acres. Let me show you a video just to show what the site looks like. Basically, it' s a very densely covered site. So, you' ll see a lot of. . . . . (video shown at this point) . (Approximately 068-080 on tape) . 2 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 As I said the surrounding land uses are completely residential and the site to the east was recently short platted, with, I believe, with the intent of building residential. So the two sites directly, on either side of the site will be residential. An Environmental Determination of Nonsignificance was issued on May 31, 1990. As I stated the topography is heavy vegetation; there 's scattered cottonwood, willow and alder trees and a large portion of the natural vegetation will remain as proposed by Puget Power. There is one small pond on the northeast corner of the site which is about 40 feet by 50 feet and it appears to be manmade and this will be filled in for the project. This proposal addresses the Comprehensive Plan need for providing a planned coordinated utility system. And, how the Zoning Code works with this. . .the reason why its in this hearing right now is for a conditional use permit. And that 's because this type of use can go in any zoning district in the whole City with a conditional use permit so the main objective is to make sure that its compatible with surrounding uses. And, what the City has determined is that this project will be compatible for the following reasons. First of all, a substantial amount of the native vegetation will remain and then, in addition to the native vegetation, after they've cleared what they need for the 1600 square foot electrical actual substation and yard, there will be additional landscaping and we are requiring the most dense type of landscaping on the areas that border the residential. Now, I have to make a correction to the staff report. The condition does say that it will be on north and east part, it should be the east and west part. The north part of the lot will have the natural vegetation which doesn't need to be done. So, the City has determined that this will insure maximum screening. There 's almost no impact on traffic due to this project because its estimated that there will only be one trip to and from the site per week and the project will not exceed the maximum noise levels that are permitted. Under State law they can only have certain noise levels and I 've received documentation from Puget Power showing me that those noise levels are and, to be frank it doesn't mean much to me, but, it guarantees that they will remain within the State requirement. So, therefore, the City is recommending approval with the following conditions, as I mentioned, which is the enhanced landscaping on the east and west boundaries to insure that those residential neighborhoods or those residential homes on either side are screened sufficiently. For actual information about the project and what' s going be there, I just told you that there's a 15, 000 square foot electrical distribution substation and there will be a graveled yard. You can see on the second to last page that there is a driveway access from 272nd to get into it. But, then there' s screening around it. So, for the details of what 3 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 exactly is going that's going to be there,' I ' 11 leave that to Puget Power representatives. Hunter: O.k. Thank you, Alice. All your references are to this staff report dated August 3 , 1990 and one that you circulated earlier. Shobe• Right. Hunter: O.k. , thank you. O.k. , we have three representatives for the applicant. Will all of you want to be testifying, or. . . Voice: We may all comment eventually. Hunter: O.k. Why don't the. . .the other two of you, if you want to come up to the front table that why we might be- able to facilitate any responses to questions and make sure that we have those all on record as well. Have chairs here on the other side of the table and that way we can turn to any one of you for questions. . . . answers to questions. And, do you swear, affirm to tell the truth and the whole truth in the testimony you're about to give. Voice• I do. Hunter: Please state your name first. Linda O'Rourke: My name is Linda O'Rourke. I work with Puget Power and I 'm here to represent them today. Do you want my address. . . Hunter: No, that's fine. We have that in the file. . .the address. O.k. O'Rourke: Puget Power in order to meet increased residential load demand in the area, we need to improve our system reliability in the area where we have selected to put the same. . .the substation called Cambridge. As Alice said the proposed site is located at the intersection of S. 272nd and 42nd Avenue S. in Kent and its approximately 12 .2 acres in size. In addition to the substation, we will always have transmission lines to feed the substation and here ' s the new transmission lines to be located all in King County and I ' ll explain a little bit about the transmission line. Its going to be fed off this. . .what we call the Christopher Starwood line that comes out of our Christopher substation in Auburn. The new lines will be tapped at 42nd, excuse me, 48th Avenue S. and 288th Street. And it will move in a northerly direction along 4 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 48th Avenue S. to S. 282nd Street and then turn left along 282nd Street until reaching 46th Avenue S. The line will then again turn north along 46th Avenue S. until reaching this Starlake Road. At the Starlake Road it will continue west until reaching 42nd Avenue S. and then it will travel up 42nd Avenue S. in King County and terminate within the substation. They will probably more than likely span the street to do that. This line here will serve this whole area. Right now we have two substations, Zenith and Redondo, that are servicing this total area. During winter we have a peak load problem in the area. What we consider peak load conditions is 23 degrees around here and some of the neighboring substations are rated very high, over 100 percent. If one of the substations go down, they have to pick up all the existing load and if they do that they will be over their maximum potential and what that will do,, will cause some people to be out longer which Puget doesn't like to have. We like to bring all our neighborhoods, all our customers up as soon as possible. That's a little more about the project than is put in the staff report. The line is located in King County and also permits will be applied for through King County. Hunter: O.k. Linda, is that. . . O 'Rourke: That' s an exhibit, yes. Hunter: Left here as an exhibit so lets make sure we have that entered. O'Rourke: Now, on here may not totally reflect that this reads, but you should have in the written testimony the line route that I gave, recorded testimony. Hunter: O.k. , we' ll refer to that ask Exhibit 1 and is that. . .that indicates where you're, Exhibit 2 , excuse me Exhibit 1 is the file. Is that you're. . .that ' s the proposed location and that has been. . .the corridor has been made available for that transmission. . . O'Rourke: It will go in the public right of way. Hunter: O.k. , overhead. . . . O'Rourke: Along the franchise, overhead. Hunter: • Overhead or underground? 5 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 O'Rourke: Overhead, its 115 KV lines, so it needs to go overhead, on-line distribution. A little bit about the project. We propose to clear and grade an area approximately 263 feet by 335 feet for the site and which of that, approximately 125 by 128 feet will be fenced for the substation. Now, the substation will consist of two transformers that will convert 115 down to a residential voltage of 12 .5 KV. Two thirty-five foot deadend towers, and I brought a full size drawing to help explain some of this better, it doesn't show the equipment in it but it will show like the little reduction you have. Hunter: Is this the same drawing that is part of the staff report? O'Rourke: Yes, its just a full size drawing of the one in the staff report for ease of seeing. It will have the two deadend towers which are illustrated as bars on your drawing; one up here and one down here. They will be thirty-five feet tall. Initially, however, we only planned on installing one deadend tower and one transformer and the associated (unclear) work to set down to run a substation and go out into a distribution feeders that go out into the street system into the pipes that are underground. We planned on putting a drainage and retention system in that will be designed to intercept and retain storm water per City standards and the single driveway will answer from S. 272nd and provide the duel access that we need for our trucks in addition to providing for fire truck turnaround. We have proposed a slotted chain-link fence with fairly dense landscaping around and we concur with the City' s recommendation to put Type I on the east and west, adjacent to the residential district which is fairly dense. This substation will be connected to the existing transmission via that transmission line I mentioned and it will serve it so we can serve you. Hunter: O.k. , thank you. I would like to ask a little bit about the site selection process. Do you begin with a number of sites and narrow it to this one or how did that process go? O'Rourke: Typically that ' s what we do. We look at our system. We find where the load is and then we try to locate properties in the area where that load is and we've owned this site for a while. In 1982 we proposed to build it and we went through a design review process and then project money got pulled so we had to put in on the shelf. That doesn't mean the need wasn't there. It just meant that Puget at that time in our division didn't have the money to build it. Now, it is a definite need. They have budgeted the money to build it and plan on building it next year. We plan to fence and grade and put in our equipment in a sequence. Puget 6 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 usually phases. They will fence and grade the substation site and then come back and put in the foundation and the other equipment to run the substation. The station plans on being energized, I think, in 1992 . Hunter: Are there other sites available along the transmission corridor that could be utilized for a substation purpose? O'Rourke: Puget tries to locate their substation in the center of a load area. Usually on an existing corridor, now there's existing transmission, excuse me, existing distribution feeders out there. According to the exhibit, we only have some substations in east Kent and some substations in west Kent and we have a whole open area here. that is developing and growing that we need to serve and Puget likes, to what they call, move, this is just going to be a tap and eventually we' ll build a line so the substation can be fed from either way in case there's any problems with the line along here . we can shut that line down and feed from this way for increased reliability. Hunter: O.k. , now, now the site plan or landscaping plan indicates two towers that you refer to. One is necessary. . . O'Rourke: Yeah, initially we' ll. . .with the tapping only you need to put' in one tower. When they bring the other line down eventually at some point in the future, I think that' s eight to ten years out in the future, we' ll put in the second tower. We' ll come in. . .back and apply for the appropriate permits at that time for that second tower. Typically, its only required a building permit to come back once we have the substation yard developed through a conditional use hearing. Hunter: Thank you very much. O 'Rourke: I ' ll just leave this up here for people if they want to look at it. Hunter: O.k. We' ll now turn to testimony from others that would like to speak to the application and like these gentlemen in the front and then the two ladies in this row here who I saw, those three individuals, and you, sir, who came in a little later, those four, who we see now, would like to testify. Any others who would like to testify. O.k. , let's begin with you, sir. O'Rourke: Excuse me, before this, I would like to submit this as a written record as my response to the staff report. 7 Hearing Examiner Verbatim 'Minutes Puget Power Cambridge Substation #CE-90-8 Hunter: O.k. , this. . .what we have submitted by the applicant is entitled, "A Hearing Memorandum of Applicant" , dated August 15, 1990. Has this been submitted or circulated today? O'Rourke: I have copies for the staff as well. Hunter: Are there additional copies for any other people here that would want to look at it. I. . . O'Rourke: I can make some. I have my own file copy, I would like that but if anybody is interested, I can make them a copy. Hunter: O.k. , I 'm a little. . . little concerned that this coming in at a rather late date for anyone to respond to. So let me indicate. . . O'Rourke: I didn't realize that. Typically, I 've always submitted them at the hearing. Hunter: We' ll indicate what' s. .-.what' s in it. What we have are, I guess, nine different sections submitted and its a statement of proceedings to date which seems to go through the application process, beginning with the submittal of the conditional use application. . . O'Rourke: There should be a site description, a project description. Hunter: We have then some land use facts that are entitled that are presented by the applicant, site description, project description, a reference to the what' s termed here special use permit criteria and then a section that ' s entitled, "Contact with adjacent property owners" and then a section entitled, "Puget' s response to staff report" and then, finally, a conclusion. We will accept this as applicants ' exhibit and allow anyone that' s wants to testify today time to look at this and see if you need to respond to it. If you have any concerns about it. Shobe: It appears this copy doesn't have a section 8 and 9, the response or the conclusions. O'Rourke: No, the exhibits are the attached section. Hunter: This table of contents of this exhibits indicates a section 8, Puget' s response to staff report" , and a section 9 , 8 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-.8 final conclusions. And then there' s also a series of six exhibits. Exhibits to the report. O.k. , let' s begin with your testimony Voice: I need to come up. Hunter: Yes, you can take a chair here at the table and we' ll make sure that your remarks are recorded. And, do you swear, affirm to tell the truth, the whole truth in the testimony you're about to give. Voice• I do. Hunter: You had some questions, you indicated, as well. Voice: Yeah. I had some questions and that's really all I had about the. . .some different things with the project. First of all, I was wondering if anybody knew. . . . Hunter: Oh, I 'm sorry, could you please state your name? Cory Meeks: My name is is Cory Meeks. Hunter: Cory Meeks? Meeks: M-e-a-k-s. Hunter: O.k. , and you reside, where? Meeks: At. . .on 272nd, 41st Place. Hunter: Did you sign up in the sign up register so we can send you a copy of the decision. Meeks:. No, I haven't signed it yet. Hunter: O.k. , would you like to do that when you get an opportunity then we' ll make sure that we notify you. Meeks: My first question was about the value of the homes in the area. Does this detract from the value of my home? Hunter: O.k. , the way we will handle this. You can direct questions to me and then we will look for the appropriate person to respond to those questions. So, your first concerns is impacts on the value of your home in that immediate area. 9 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 Meeks• Correct. Hunter• O.k. O'Rourke: Did you want a response immediately. 1 . Hunter: No, we' ll allow him to present his questions and concerns and then we will turn to response. Meek: O.k. The other. . .well, one of the questions was when will it be. . .the construction begin, what year, what month and that was pretty much answered. The landscaping that is going to be going up is this landscaping that' s going to be fully grown. I mean, or is. . .or is just a bunch of little .shrubs that are going to take 10 - 15 years to grow and that was one of my concerns. Other concerns I have for animals and children in the neighborhood. Is there any need to be concerned about animals or children playing there. And, then the. . .one more question was will. . .will the power lines be coming in. . . is it just going to be like a big web of power lines coming in or will it be totally hidden from sight. Will the power lines go around our houses or is that. . .what is it going to look like 'cause you can't see it here on the picture that they gave us. And, my final question was more of a statement. My fence line, my yard as well as a lot of my landscape, trees and so forth, encroach into the property. I bought the house that way, the fence was there, the landscape was there, the trees were already there, how's that going to affect my yard and so forth. Am I going to have to take it down or do I have some kind of encroach rights or what do I have here. Those are some questions. . .that' s all of the questions that I have. Hunter: O.k. Thank you for that and we will get to those responses. I think we will hear from everyone first and then turn for responses. See if others have similar concerns. Meeks• Thank you. Hunter: Thank you very much, sir. Yes, ma'am. Would you like to step forward and we' ll take your testimony or questions? And do you swear, affirm to tell the truth and the whole truth in the testimony you're about to give. Patricia Gilmore: My name is Patricia Gilmore. Hunter: Patricia Gilmore ,and did you sign in on the register? 10 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 Gilmore: Yes, I did. And, I live on (unclear) Avenue just about north of the property. And I have a letter written to you and it has some concerns of mine in it and I ' ll just read it, all right. Hunter: O.k. , that will be fine. Gilmore: One of the most controversial health issues today is the potentially hazardous health affects associated with exposure to electromagnetic fields emanating from high voltage and high current power lines. Responsible scientists after extensive research are , recommending caution and a strategy of prudent avoidance. Dr. William Farland, Director of the EPA, Office of Health and Environmental Assessment and the Office of Research and Development, reports that his staff had set the link between exposure to electromagnetic fields and certain types of cancer and initially recommended that the fields be classified as B1 or probable human carcinogens which requires regulatory action. However, due to the fact that no animal exposure or mechanistic study evidence was available yet, only human data, EMFs were classified as a possible human carcinogen. Farland says I would agree that it does suggest a link and wethink that it was extremely important to get that information out to the scientific community and see what they thought and to the public to let them know that this a data base that is developing. Yet, in the memo from the City of Kent Office of Planning in which they evaluate and recommend approval of a proposal to build a power substation in our neighborhood no mention of this subject is to be found. Clear sighted planning on the part of the City and the power company could provide electrical power to residents without the possibility of danger from EMFs. Surely, the Planning Commission cannot approve such a proposal without first considering the possible adverse health affects to those living near the utility. Distance is the only buffer from electromagnetic fields and that distance is steadily being encroached upon. Four private residences share a common boundary with the proposed substation and the City continues short platting for more single-family residences. This subject. . . this substation is planned to occupy only 35 percent of the available lot. The remainder of the lot, if not fenced off, will allow neighborhood children to continue playing in a potential hazardous area. If this area is fenced off, and an off-limits sign is posted, our children will be protected. But, due to adverse publicity our property values will decrease and how soon will Puget Power put in more high voltage lines not to far away and as it 's being shown exposing more families to EMFs. We need assurance that these problems will be given the attention they deserve before permission is granted to Puget Power. We need to know what the 11 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 field levels will be, with an average load and with a maximum load as may. . .as will take place in the future. We respectfully advise that this hearing be postponed until these other subjects can be address and the people within a 2 milligauss exposure area can be notified of the possible installation. Hunter: O.k. Would you like to submit that letter then as. . . Gilmore: Yes, please. Hunter: This will be labeled as Exhibit 4 and if you could stay seated for a minytes, a couple of questions about this. You're. . .the last sentence here, the two milligauss exposure area what does that refer too, what would that area be, do we know? Gilmore: Well, no, we don't know---that' s the point. Hunter• O.k. Gilmore: Milligauss measuring the electromagnetic field. We don't know if the people within two milligauss have been notified yet. That may extend much further than, especially if that line is going to go overhead, immensely in the future. Hunter: Um hum, um hum, now, notices of this hearing do go out to the entire public in the City and I think that would, its mailed notice and then there' s also posted notice. Gilmore: Well, there was mailed notice 200 feet from the lot. And, well, that 's not (unclear 1-1-436) obviously, but, yeah, we did get a notice in the mail that there would be a public hearing. There wasn't much on that notice. There were the maps and all, but, I have to call to get a staff report. Voice: This is it. Gilmore: That' s it, yeah. Hunter: O.k. , o.k. so, your feeling is the notice was not sufficient to apprise people of a substation location. Gilmore: Not at two milligauss, it would reach beyond that. Hunter• O.k. 12 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 Gilmore: And, if Puget Power was planning to develop that further, that northern end of that plot, which, I think, has been stated they own, but, they haven't stated what they are going to do with that. Now, if they are going to leave that vegetated or fenced in, then children couldn't play there but if they are going to develop it later, then. . . Hunter: I would also like to ask about the report of Dr. William Farland, and you quoted or referenced, I guess, and also quoted. Is this taken from an article that you have available or where is this information? Gilmore: I heard the man on the radio and this is what he said and then he spoke. No, Dr. William Farland. Hunter: So, the, Dr. William Farland, Director of EPA' s Office of Health and Environmental Assessment and this was on a radio program. Gilmore• Yes. Hunter: Do you recall the date when that was or what program it might have been. Voice: It was last Friday. Gilmore: Last Friday, yeah, it was on. . . Hunter: Let me just get a response from the person testifying, if others have that information I can ask for that later. Gilmore: It was last Friday on KBLU on a program called, "Fresh Air" . And, what, 6: 30 in the evening and the interviewer's name was Terry and she spoke with him on the phone. And, I think, it was a rebroadcast so it may have been from an earlier day. Hunter: O.k. , Dr. Farland did not look at this specific substation, this was a general program. Gilmore: Oh no, this was general, yeah. He looked at EMFs not the Puget Power substation. Hunter: O.k. , thank you very much for your testimony. We had two others. This lady here if you want to come forward and have a chair. Do you swear, affirm to tell the truth and the whole truth in the testimony you 're about to give. 13 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation JCE-90-8 Holly Isaman: I do. My name is Holly Isaman: I reside in the Cambridge area at 4611 Somerset Court and I 'm here today representing the Starlake PTA and the parents of the neighborhood. I have also been in contact with school officials, we're Federal Way School District, and trying to find out what their. . . if they've been informed as to whether or not this is going to be going in. I guess there was a notice sent to the one individual school as far as I know which is Starlake. Starlake School is located, as you can see on the last map, its the large building right on 270th here. So I 'm representing the children and the parents in the neighborhood. I have several. . .or two or three questions that I wanted to put to this hearing and I would like those answered. First of all, I don't know. . . I have a question about a certain walkway. Now, I 'm looking at the map that is next to the last page, is this little gravel walkway that is to the left of the. . . it looks like it runs right on unincorporated. . .between King County and City of Kent. There' s a little graveled walkway. I don't know if this is the walkway or not but there' s word that the proposers of this project are aware of any number of school aged children both elementary and junior high level who regularly use a path that crosses right through this particular site. Hunter: O.k. , let me help locate. You're referring to the site plan and landscape plan which is in report, as you referenced, also on the table in front of us, can you indicate where that would be, that you're referring to. Isaman: You could probably see it right here. Through the. . .on the. . .the western boundary, right here. I don't know if this is it or not but I know there is a path that comes through the wooded area and it kind of empties out right here on 270th and children use that path to access the elementary school and the junior high school. Hunter: So the concern is and question is about that path. . . is there some provision for maintaining it or. . . Isaman: Will the path be maintained and providing one, etc. , or will it be cut off altogether. In addition to that, I have the same concerns that Mrs. Gilmore has as to the safety of possible medical side effects or problems that might be, you know, that these children might be in danger of in crossing this path. Also, the school has a concern as do parents and the PTA, of the guarding, of a secure. . .the securing of a station like this. As you know, children can get over any fence and into any. . .through any locked door. Through osmosis, I suppose, but it does happen. 14 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 And, because there are large numbers of children who regularly play in and around the school grounds and in this wooded area, would they really be protected against entry or is it just a fence that will simply be scaled. That was another concern. And, since I 've come here I see two other concerns. . .or one other concern. And that is the discussion of' power lines in the future to be going off to the north. If you look at the map, on the last page of this pamphlet, directly to the north. . . Hunter: This is again the Planning Department's report that is circulated, the last page of that? Isaman: Um hum. And, they are talking about in the direction of the north. Does that mean power lines going through this residential area or through the school grounds or just exactly what? I don't. . . I 'm sure that those things were taken into consideration but what' s the importance of them, really, taken seriously. Those are my questions. And, I am representing the PTA of that school and the school officials would like to be notified of these results too. Because Federal Way schools, even though this is the City of Kent, those two schools are Federal Way schools and they are not, didn't feel adequately informed as possible safety problems. Hunter: At this point, you have presented some concerns and questions, position for or against the proposal or it just to get some clarification. Isaman: I think my concern is for the children and if. . .a safe unit, the children will be safe crossing that ground and being exposed to that proximity, then I have no concerns. I 'm not an immediate property owner, I live to the north just a little bit. Although I have concerns about property values and what's going in our neighborhood. Its a major concern that the 272nd corridor is going to be opened up and I don't know if this is just one more nail in that coffin for those property owner but that's not necessarily the PTA' s concern. The concern of them is the safety of the children and the welfare of the children. Hunter: Thank you very much. Isaman: Um hum. Thank you. Hunter: Others that want to testify. Yes, sir, come forward. Raise your hand. Do you swear, affirm to tell the truth and the whole truth in the testimony you're about to give. 15 Hearing Examiner verbatim Minutes Puget Power Cambridge Substation JCE-90-8 Craia Brown: I do. My name is Craig Brown. I 'm a resident on 41st Place, my backyard abuts upon the proposed construction site. I have a couple of questions and then I have a letter here, I neglected to be able to get a copy of it so you can look at it, the same time as I 'm going over it. But, I will present it later. The first couple of questions I have is, I 'm not positive what Type I vegetation you were referring to, a Type I vegetation. I would like to have that addressed. Also, you. . .on your. . . in the City's Planning Department report, the second to last page, on the landscaping plan, you show, use A and B that were not called out on the drawing that were not included in this. They appear to be showing a front and side views from the south and from the west of what maybe the vegetation would look like. I believe that those views should have been included in the report because I have questions upon that again. Second, question I have, -is. . . Hunter: Let me backtrack up, to that last point you just made, I 'm not sure I quite grasped that, would you reiterate that? Brown: The views called out right here. . . Hunter: O.k. , you can refer to this on the table, might be easier to see. Brown: This view, the views right here and here, that are called view B, is looking at the western proposed property line site and A is referring to the southern property line. Hunter: O.k. , o.k. , and the. . . Brown: And those views have not been included in the report, I am interested in finding out what those are, they may very well answer the questions of what type of vegetation would be included in their. . .I have the same questions of what' s brought up, I believe by Cory, what type of plants? Are they going to leave the original vegetation there or are they going to bring any new stuff that' s going to take 50 years to grow there. Hunter: So, your point on this A and B is what is existing there in those areas? Brown: Well, I 'm. . . I 'm aware of what exists. I 'm, what I believe is that view A and B should have been included in the report so that we would have time to evaluate that. . . 16 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 Hunter: I see whether its an accurate representation of what's there? Brown• Yes, yes. Hunter: So these are 'the areas immediately surrounding what is indicated on the site plan. Brown• Yes. Hunter: To the west and to the. . . Brown• South. Hunter: South, o.k. Brown: O.k. , the next question I had is exactly. . .I would like to know why they choose to bring in the feeder lines into what is the proposed routes that they have on there which brings it. . .further to the north and west. Actually cutting across the corner of that property that was shown of that new home being built. Why did they not have the original lines coming in what is the proposed future . routes of the feeder lines which would impact less of the local residents in that area as far as being directly. . .having closer proximately to those feeder lines on that. Then, the letter that I have here that I would like to submit to the Examiner. Here I have three items that I would like to address. As a resident living right next to the proposed site, I am concerned about the construction hours. These hours should be limited to no earlier than 8 a.m. in the morning and no later than 6 p.m. in the afternoon and only Monday through Friday, that is just strictly because of the noise. . .construction noise and inconvenience of what's happening. I request that a condition of a permit that. . .request as a condition of the permit that an absolute minimum of the existing trees and shrubs between the fence, the proposed fence around the substation and property line not be removed. Do not clear out the underbrush to plant grass--leave the vegetation as it is. Looks like they have proposed on clearing out some of the stuff like Salow (1-1-697) and underbrush to plant seeds as indicated on the landscaping plans in the City, here. This area right here they refer as to grass, seed for grass. . . Hunter: You're looking at the north more or less the north side of the. . . Brown: Northern area. 17 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 Hunter: On the site. . . Brown: And, it looks like it comes around and down, halfway down on either the east and west side. Also, I 'm not positive, but this may be bark here. I 'm not positive here. I couldn't quite make it, down along the .southern part of the property. I 'm not positive what that symbols on the drawing refers to. Also, . . . Hunter: Excuse me, just a minute, I think. . . . (Changed tapes at this point) (End of Taype 1 Side 1) Hunter: O.k. , we're back on the record now, so you continue your testimony. Brown: O.k. Also, I requested that an eight, excuse me, six to eight foot high earthen berm be constructed between the fence and green belt. These items will minimize the visual impact of the substation on the residential area. A substation does not belong in a residential area but, if well hidden, it may be acceptable. Hunter: Where do you see this. . .this berm being located? Brown: I believe it should go around basically, its hard, basically surrounding the proposed fence line but between the fence and the green belt which they do show on the landscaping map. Hunter: O.k. Brown: Its hard to describe exactly where. O.k. , I do not wish to look out of my window and see a substation. Also, as a homeowner, I 'm concerned about the resale value of my home, people do not want to live next to a power station. And the last thing is, addressing, again, the trail which the last testimony addressed, presently there is a trail that basically follows the old gravel road noted on the site plan, landscape plan, from S. 272nd Street to S. 270th Street. This trail is used by students attending Starlake elementary and Totem junior high schools. It is a narrow, foot-beaten path that crosses a couple of times a drainage ditch that follows. I request that Puget Power improve the trail the full length. The improvement will include widening the trail, putting gravel down, putting up barriers to motorcycles from using the trail and routing the trail so it does not cross the drainage ditch. These improvements would be maintained. The trail is used by as many as 200 students as a shortcut to school. By using this trail, students do not have to walk along busy S. 272nd Street. It 18 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 reduces the danger of a kid being hit by a car. The improved trail would increase visibility, reducing the threat of people hiding along the trails, someone being hit by a bicycle coming down around the corner and somebody being injured and/or injured in falling into the drainage ditch. That is all I have on there and I present this to the Examiner. Hunter: 0.k. , thank you very much. We' ll receive this letter from Mr. Brown as Exhibit 5. Are there others that would like to testify in the application. Yes, sir. Please step forward. Do you swear, affirm to tell the truth and the whole truth in the testimony you're about to give. Voice• Yes, I do. Hunter: Please proceed. Steve Mayer: My name is Steve Mayer. I live across the street on 41st, from Cory and Craig, both whom spoke, live. I have several concerns. My first one is, if it wasn't for them I wouldn't have known about this meeting. I understand that there was a sign posted saying public hearing back in the back of the woods as you drive by on 272nd. Granted, my property isn't adjacent but its across the street. Obviously, its going to be very much affected. I 'm not sure about a two miles radius as the lady recommended earlier but I would think that across the street would be, in the future at least, the way to go. I need to ask, if I can, because I didn't get one of the packages, if I may ask a couple of questions before I make my comments. Hunter: Certainly. Mayer: It refers to in here several times to a lid or an LID, I 'm not sure what that is. Hunter: O.k. , we' ll have that. . . .we are taking all questions, we' ll respond to that at. . .Local Improvement District is what it refers to, but you can have that explained in a minute--what is an LID. Mayor: O.k, that just. . .just helps me in some of my comments. I, again, echo Mr. Brown's comments that on this page, on the second to the last page, there is a power line coming across, what appears, you know, property that is not currently occupied. I believe, you know. . . 19 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 Hunter: Referring to the one on the table here that is. . .referring to the one moving from south towards Auburn, off the site. Mayer: Yes, top. . . I believe it was identified earlier as north but that would be the south end. Hunter: And you have an inquiry about the question regarding that, is that. . . Mayer: Just a comment that I. . .the overall comment that I have is, they mentioned several times in here the traffic volume on 272nd, at the same time the City of Kent is trying to put 272nd/277th all the way through. That is going to affect the area. We know that, I think everyone sees that as an inevitability so, I mean that' s just going to happen. I 'm concerned because we are in unincorporated King County, we are not in. . .we not in Kent, we are on the other side of Kent. We are in the Low Pine Block (spelling) and my concern with the road going in, my concern is with the power station going in, that that is going to affect property values immensely and this pamphlet it says they are going to do some things that will not only not hurt the value but, I believe its #5 on page 7 . . . Hunter: This is the report that the Planning Department you are referring to? Mayer: Yes, sir. Yes, sir. They talk about some of the things they are going to do so they do not decrease property value that type of situation. One of the things it says, adequate buffering devices such as fencing, landscaping, etc. , etc. , will be used and then it says it going to be used on the east and the northern boundaries. I 'm concerned why the western boundaries are not being addressed. Hunter: O.k. , I think I can respond to that because that was clarified, I think before you came in the room, that the reference to the north should have been west was the clarification the City presented early on in the hearing. Mayer: O.k. , I apologize for missing that, something about work. And, then my last concern, of course, would be the road. As it goes through there, the graveled path that we talked about. That is not just used by kid. . .by kids that is used by, my guess would be, I don't mean to sound exaggerating but probably 150 to 200 kids everyday go across that path. They also go across 272nd to the other side of the road. If they are going to put a substation 20 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 there, and I don't know if they do require to make any improvements, a light or a crosswalk across the road. But, that would certainly help the safety of the children and having that improvement might help them from the distraction of having a substation in the neighborhood. Hunter: And this. . .this. . .the crosswalk you are referring to would be across 270. . . . Mayer: Across 272nd on. . .on what is basically 42nd. Forty-Second goes right now, 42nd goes down to, o.k. , straight to a hallway if you could put that all the way, you know, with a crosswalk or a light, whatever, that would. .. Hunter: O.k. , thank you very much for your comments and testimony. Mayer: Thank you. Hunter: Are there individuals who want to testify. Yes, sir, here in the front row. Step forward. Curt Erickson: My name is Curt Erickson. I live at 27004 Downing Avenue S. Hunter: Let me swear you in, please. Do you swear, affirm, would you raise your hand, to tell the truth, the whole truth in the testimony you're about to give. Erickson• Yes. Hunter: O.k. , Steve? Erickson: Curt Erickson. Hunter: Curt Erickson, excuse me. Erickson: And, I just have a whole bundle of questions, really. Under environmental considerations, Section 2 , is a portion that owner must execute a no-protest LID covenant for the future construction of 42nd Avenue S. to City standards, what are they getting at there? Hunter: O.k. , you are referring to which page then of this planning report. Erickson• Page 3 . 21 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 Hunter: On page 3 . O.k. Erickson: That I don't know and maybe I don't to ask right now. Hunter: There' s someone' here that can respond to that question. Erickson: O.k, and the following is necessary: The owner shall deed property to provide minimum half-street, etc. That' s also the same page. I had questions also on the Type I landscaping and Type II landscaping, what is that specifically, will it be young, or will it be established. The area has apple trees in it as well as hazel nuts are growing out of. . .pretty well spread through (unclear 1-2-121) seasons. Some of that might be left and it would look prettier than if you just cut it all down. That would be the northern portion of this, the lower portion of the lot itself is pretty much grass, bracken, its not really a very (unclear 1-2-126) . If there is a possible input that could be made by the people that surround it is, what they would like to see grow up over the next few years, maybe that' s an idea. The electromagnetic field question has been brought up a couple of times. I seem to recall that you can shield cables. Now, can you shield cables to the extent that you will not have an electromagnetic field problem. Now, its not the cables, if its the actual, step down transformers, if a person puts a berm as suggested up at a certain level, will that reflect back to the substation any electromagnetic. . .you know kind of like the radar bouncing it off of something. Would that solve your problem. Hunter: We have questions raised about that, we do need to turn to the applicant for some response to that. Erickson: Does Puget Power have studies on the electromagnetic field? They do have that. . . Voice: Not at this site. Erickson: Not at this site. Could that something could. . .can that problem be solved so. . . There are children that go up and down through that land, there's a crosswalk that actually painted by the City of Kent to accommodate that path as they go up into Star Lake elementary. Hunter: Where' s the crosswalk? 22 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 Erickson: The crosswalk is right at. . . it shows the backside. of right in here, right on the corner there' s a crosswalk right in here. The northwest corner. Hunter: O.k. Erickson: And, so there' s acknowledgement that there' s foot traffic there. Hunter: Um hum Erickson: The field behind is also by dirt bikes, so its used, at least locally, by the children on up to 18 years old, its a place to play and recreate. If the northern portion of that lot is left undeveloped it will still continue to attract children. The lower portion of it, probably would not hold a lot of interest because its wide open, I, at least that' s speculation. But, if a berm can reflect any electromagnetic fields then the question is moot of whether or not we have to worry about except for overhead cables because then you' ll centralize it and reflect it straight up. What about a crosswalk bridge on 272nd that would give these children as opposed to a stop sign. Because the traffic will continue to increase, people run stop signs all the time and its getting worse and when the 40th Street sign was put in, I wondered why that was put in, put a cross walk you wouldn't have to stop the traffic unless you're just trying to let people out of their own residential areas. You're looking at the safety standpoint for children, the cross shielded crosswalk would be nice they have something like that on 405 North in the Kirkland/Bellevue area. They don't stop the traffic, no one gets hit. And noise levels, are the noise levels that are being discussed presented, noise of the truck that comes once a week for maintenance or are we talking about noise level of the transformers themselves, they hum. How loud is that? Its not even a concern if put up some sort of a noise shield or concrete wall, it will never be heard. That' s all I really have to say. Hunter: Thank you very much for raising those questions and I think we are at a point where we can turn to City and applicant for some responses. Is there anyone else who wanted to testify before we do that. O.k. , we have a number of concerns raised and questions asked, some of which are appropriate for City response and some more appropriate for applicant response. Alice, have you been able to note most of what they are. O.k. , why don't we begin with you and I 'm, my job here is to make sure that questions you all raised, concerns you raised so we can see what responses might 23 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 be 'and see if those are satisfactory responses. So, we' ll begin with Alice Shobe of the Planning Department who will respond to some of the questions raised, City is in the position to respond too. Shobe: The questions I 'm going to respond to are regarding landscape, the ones they had concerns about that. First of all, I would like to explain to everyone that before any tree is removed from a vacant lot in the City of Kent, which is six inches in caliper or greater, you can't remove it unless you have received or else you have a tree plan that has been approved by the City of Kent for removal. So, Puget Power will be required to submit a tree plan so we do really make an effort to save all trees and with that, you know, we would encourage saving other natural vegetation too. But we do actually have an ordinance that requires approval by the City of Kent before a tree is cut down of six inches in caliper or greater. So that' s any tree that's like bigger than that around so. Let me address the Type I and Type II landscaping. I always forget in Type I, you read these codes all the time and that doesn't mean anything to anyone else. The Type I landscaping is what we call solid screen landscaping. I ' ll go ahead and read it to you. The purpose of Type I landscaping is intended to provide a solid sight barrier to totally separate incompatible uses" . It says require in the staff report. Type I landscaping shall consist of evergreen trees or tall shrubs with the minimum height of six feet at planting. So there' s six feet at planting or larger. . .which will provide a 100 percent sight obscuring screen within two years from the time of planting. That answers the other question about the how long it will take. Or, it may be a combination of evergreen and deciduous trees and shrubs backed by 100 percent sight-obscuring fence. The object is to have full (unclear 1-2-224) within two years and a couple of alternatives on how you do it. Type II landscaping will be integrated into this plan as well, various places especially and probably on the northern side of the actual station since there ' s going to be natural vegetation remaining, will probably have some of the Type II just north of the fence in there and that' s. . . just that the intent of it is to create a visual separation and how its defined. . . its not necessarily 100 percent sight obscuring, they could use just a little bit. And, again, its evergreen or a mixture of evergreen and deciduous trees, large shrubs and ground cover interspersed with trees. A sight obscuring fence will be required unless determined by a development plan review that a fence is not necessary. Evergreen trees. . . . 24 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 The one gentlemen referred to the elevation plan and this we can produce, what exhibit are we at, Chris, 4, 5. . . Hunter: Do you want to submit additional material. Shobe: Yes, just put this plan in the file. Hunter: What are you referring to? Shobe: This was submitted by Puget Power and this addresses the gentleman's question who asked what was the view of A and B were. Voice: Question I brought up. Shobe: Yes, remember he asked what was the difference. He wanted to get an idea. Hunter: O.k. , this is additional information on landscape. Shobe: Landscaping and this was submitted to the Planning Department by Puget Power and if. . .these issues usually aren't raised that's why it wasn't put in the staff report. And, this. . . is what they submitted saying, that this is, you know, basically what it will look at and then we came through and conditioned it. It would have to be more dense then what they wrote and I ' ll be frank with you and say this doesn't cover a lot because it shows the trees but it was submitted and everyone has already stated that they agreed to do. . . The vision I would say that if they wanted to drawn this accurately as our conditions it would show more density. Hunter: So, you want to submit this as an exhibit in response to the question. Shobe• Right. Hunter: Which we will admit it as that but your indication is that is not. . . Shobe: Its not 100 percent accurate. To show that Puget Power was thinking about it and they did submit it but then we went and conditioned. . . Voice: Do you want a reduction? Shobe: Oh, that would be great, we will submit a reduction. 25 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 Hunter: O.k. , mark this as exhibit 6. O.k. , that gentleman that raised that question if you want to look at this detail, you're welcomed to do so. Shobe: I 'm not. . . as far as the other questions I feel the City could answer, they are related to the LID. Hunter: Excuse me, gentlemen, leave us not talk during the hearing if you want to have a conversation outside the room it will be fine. Please continue. Shobe: Regarding the transportation and road improvement issues, I 'm going to turn to Gary Gill, City Engineer, here because he knows the stuff. Hunter: O.k. , Mr. Gary Gill responds to questions raised about the LID and the conditions that were in the staff report regarding the environmental conditions that were applied at the time of the Declaration of Nonsignificance. Mr. Gill? Do you swear, affirm to tell the truth, the whole truth in the testimony you're to give. Gary Gill: I do. Some of the information that was in the staff report which effects the road and transportation improvements were conditions that were established as part of the SEPA process. They were conditions that the Public Works Department put on this development to mitigate the impacts of this particular proposal. Now, I talked with Linda from Puget Power last week because a couple of the conditions somehow were in transposing it from our written format and giving it to the Planning Department, we didn't. . .we made some errors in the way we wrote some of the conditions so this may. . .this may clarify and alleviate some of the concerns that have been raised by some of the residents in the area. Number one, is the definition of an LID. An LID is a Local Improvement District. It means of financing specific improvements. It could be utilities, streets, sidewalks, anything that the general public may wish to have constructed in their area and the costs for doing those improvements are shared by the people that are petitioning or desiring those improvements to be put in. So, if its in a neighborhood and they want to put in sidewalks, then all the residents in the neighborhood would say we want sidewalks and we agree to pay for them and sometimes the City will put together a local improvement district road improvements and then adjoining properties that benefit from those improvements would be sharing in the cost of paying for those improvements. What these conditions refer to is that Puget Power would not protest a formation of a local improvement district in the future and, 26 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 therefore, they would be willing to participate in any future costs from benefits that they might achieve from either improving 272nd or putting in 40th Avenue along the west side of the property. Fortieth Avenue originally is shown as a paper street because of the 30 feet of right of way on the adjoining property to the west that was showing as a future right of way for that street. Since this area developed, we've looked at it from our standpoint and discussed this with Linda and we feel that there's no real need to putting 40th Avenue through there. . . or 42nd, 42nd, excuse me, its too close to 40th which is a signalized intersection and then just down the road you've got 46th which is another fairly major access point into the West Hill area there. So, we will be revising that one condition which calls for an LID covenant for the future construction of 42nd. Some of what happens in the future along the western boundary of that site will depend a little bit on what Puget does with the northern portion of the site. But, there is plat that's being developed called, Winterbrook, o.k. , which is just to the north and east of this particular site and Downing or Carter(?) Avenue is extended southerly and then it swings westerly into a deadend cul-de-sac on that piece of property. In the future, if this northern portion is sold off by Puget and its developed as a single-family residential plat, we feel that road will be extended through and tie-up to 270th Street so it will be like a small loop street in there and that' s all that we would do looking at it. So 42nd Avenue would not go through so we are going to strike that condition. LID covenants for 272nd if and when that is ever widened for curb and gutter and sidewalks and other improvements along there would be something that we would ask Puget to do--sign a covenant for that. One of the conditions in there speaks of Puget asbuilding that existing drainage course which the neighbors have discussed which goes through portions of this site and then granting to the City , of Kent easements for the maintenance, ability to maintain and doing any necessary improvements in there to make sure that drainage course is maintained. Whether or not that can fit into any future plans for maintaining that type of walkway or that walkway or pathway that used by the children right now, I can't really say for sure since this is private property. We are going to get an easement for drainage purposes, if it can be used also for children who still walk through the site it ' s something that we ' ll have to work with Puget Power and the neighbors on, if it is compatible and doesn't conflicting with any plans for the site. As far as any crosswalks on 272nd, since 40th Avenue is already signalized, we don't have any plans, immediate plans, for any mid-block crossing in this particular area. This can be raised in the future if and when that road is ever widened or improved as part of a joint City/County 27 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 project. I know in the past we've looked at these pedestrian overpasses and when you're crossing a major arterial like that, they're very expensive, they're anywhere in the order of quarter of a million dollars and up and now with the handicap requirement coming in to play on everything, the ramping and everything else that have to be done to make that handicapped compatible, it probably would even escalate the cost even more. So, there' s no immediate plans for crossing in there since there is a signalized intersection just about a block to the west. I think that covers most of the questions with respect to roads, drainage. Hunter: Let' s see if I have any others for you since we have you there. Looks like you covered it, thank you very much. O.k. , there's a number of other questions that have been put to the applicant, the applicant an opportunity to respond to the testimony raised by surrounding property owners. O'Rourke: I 'd like to submit a polaroid picture. This site has been signed by Puget Power as a future substation site since, I think, 1982 . This was taken from the opposite side of the road. The sign is almost in the center. The sign is still there, at least the last time I went out. Hunter: Now, I have a photograph that. . .this indicates. . . O'Rourke: Well, I 'd just. . . I 'd like. . . Hunter: The design of the property. . .regarding the subject property we're talking about today? O'Rourke• Yeah. Hunter: That there 's a sign on the property. O'Rourke: There' s a sign on the property that Puget Power planned on using. . . Hunter: Can't determine from this photograph what the sign might say. O'Rourke: No, you can 't. Not from that one, I should of had a closer-up but I know what the sign says if you go out there and walk by the site. . . 28 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 Hunter: I don't see that this exhibit is helpful at all. You can testify that there' s a sign on the site and we use that testimony but the photograph doesn't indicate anything. O'Rourke: O.k. , sorry about that. I thought it was close enough. The sign has been on the property since 1982 or at the time we purchased the property, we posted a sign up there that said this site would be used as a potential substation site. We put that up so neighbors know that it is not a park area. They know that it is private property and at some point in time, Puget Power does plan on coming back and developing it. We put the fact that it is a substation site there you are also aware that there will be a substation in your neighborhood. We try to do that at all our potential property sites so there' s no confusion about it being a park, a recreation area, that it is private property and we plan on developing it. That also addresses the issues, hopefully of any property value concerns you may have, we're letting you know up front that we do plan on developing a substation there. If you are highly concerned about your property, we had. . . . Well, Puget Power hasn't had studies done but there has been studies by other utilities and on other sites we have had no problems or people really complaining that there their property values have gone down drastically. We consider Puget Power being a quiet neighbor. There 's no partying going on, we do put up a high-security fence, we slat it, we put three strands of barbed-wire on top of a seven foot high fence so that we don't have intruders in there. I 've talked with our substation people, and our civil engineers and we intend to put a gate across the driveway area so that there is restricted car. . .vehicle access. We have found, in the past, on certain sites that were not gated up, teenagers drove in there because its nicely landscaped and screened, its make a nice party area. We don't like vandalism in our substations, we do have an internal security system inside so that if there' s an intruder in there, our system' s operating unit and (unclear 1-2-437) there' s beams, and they're notified that there' s somebody in the property that shouldn't be inside the substation. Its dangerous for unauthorized personnel to be in there. They are not aware of certain safety requirements like our crews are. Hunter: Ms. O'Rourke can you indicate where . the fencing is proposed on this plan? O'Rourke: O.k. , yes. The fencing is proposed along here, outside the retention pond, along the north side of the drainage swale, along the west side here where the swale continues and along the southern border as well. So that' s the substation yard. That is 29 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 where the eight foot high fence is what we call it; seven foot of barbed wire with slats and three-strands of barbed wire on top of that. Hunter: Seven foot of barbed wire? O'Rourke: Seven foot of chain link and one foot of barbed wire. Hunter: And would the fence enclose what has been referred to as the trail or the pathway? O'Rourke: No, it would not. Hunter: So, the trail or pathway would be on the west side of the fence. O'Rourke: West side. And we do plan on granting the City their drainage easement along that side. Hunter: Have you made any efforts to date to prohibit use of that pathway or trail, since you own the property? O'Rourke: No. The. . . .there might be some during construction but I can't envision that. Hunter: So your intent is to leave that trail/pathway to be used as it has been used, at least in the past several years according to testimony. O'Rourke: We have. . .we have no intents of interfering with it, unless the City requires us to put in a underground drainage ditch but I think they an open swale system. Is that true, Gary, you have an open swale system for biofiltration. The City also has requested as one of the SEPA conditions to put biofiltration system in. That is not proposed at this time and we can be revising our plans through the design review process to accommodate that swale and what that may do, in addition to dedicating a no-protest agreement on S. 272nd that Gary and I discussed in our conversation, is that it may push this property line a little further north, we're not sure at this time how far north. But, in order to accommodate the City standards through SEPA and their right of way for no protest development of S. 272nd we need to keep our buffer. . Hunter: So, the fence along the west side, this is something voluntary that you are doing and the placement of this to accommodate the trail or is that to accommodate. . . 30 Hearing Examiner Verbatim.Minutes Puget Power Cambridge Substation #CE-90-8 O'Rourke: We're fencing our substation area in to keep it secure. There is no fence currently located on the west property line of Puget that I know of. Hunter: O.k. A number of other concerns that were raised, do you have a list that you wanted to go through. O'Rourke: Yeah, I kind of have some of them. I think I answered (unclear 1-2-499) . Power lines in the future. . . .when Puget proposes to build the future power lines that will go north out of the station it is in the City of Kent, it will be along franchise right of way. We will work with the City, with their requirements on what they require, for permitting, for notification of any property owners along that. At this point of time, we will work with King County for the lines south of us, applications have not been submitted for that as yet. There's a little misconception on this plan in that this is the first deadend tower that will go in, the most southern one and that will connect across the street somehow south, I 'm not sure exactly where the alignment of the line is going to be in our franchise area and King County. Hunter: Is that the one labeled future. . . O'Rourke: That' s the one labeled future. My electrical engineer sometimes switches these things on me depending upon how the surveys come out and how they can line up the poles along the franchise. I have to pull teeth sometimes to get them to. . .to give it back to me. The future one will go out north and at this point in time, that' s ten years down the road, so ten years in the future we will be coming back and at that point in time, we hoped to have worked with the City and the Comprehensive Plan process to include any franchise right of way or major line development in the Comp Plan. That way, rather than knowing where our lines are going and we know how the City' s growth is affecting us. Often times we come back in after the growth has been there and we need to fix the problem of our system to serve. At some point in the future. . .we haven't developed the plan yet, but we do hope to come back. Voice: Making some comment from the audience. O'Rourke: The one labeled on here, future, is going to be the first. . .first tower coming in. Voice: Another comment being made. 31 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 O'Rourke: Well, I don't know that it will come in from the north, it will go out down along the street somehow, down S. 272nd. It will exit, yeah, it will exit down south. It will still come down this way and go along the City street. The City has plans to widen that street, so we won't do anything until the City has developed those plans. We plan ` on being in the franchise. With kids and animals, we hope that kids can't climb a eight foot high fence, but that's not to say that they don't. Typically they haven't, pretty much of a deterrent. Let' s see. The fences are grounded we have an extensive ground map system that connects the fences to avoid any potential exchange between how the power equipment works and a metal fence and that' s hooked into the ground, so if you're standing next to the fence and lightening should strike, it will strike the fence and down through the ground not through the kid or man touching the fence, that' s for our crews safety as well as anybody elses there. Underbrush. Typically, we clean and grub the site, stripping it of, the substation area, stripping it of most vegetation and then we develop the substation with rough ground coarse, we need to put some heavy equipment, the transformers do weigh a bit and we need to have a good stable soil base for the foundation and we found it easier to strip the site. That' s not to say, the total site will be stripped but particularly the substation area will be stripped of most vegetation. We cannot have trees inside a substation or any type of landscaping in there because they have the same type of potential as a man standing in there who doesn't know what he's doing, you know, its just not good to have the site substation areas. Hunter: This is inside the fenced area. . . O'Rourke: The fenced area. Yeah. We will work with the City and the tree plan and try to keep any significant trees that the City feels. Hunter: Is there any reason that native vegetation is not appropriate outside the fence area? O'Rourke: No, there is not. Voice: Can I address a question on that at this time? Hunter: Well, let' s wait. I think we had an opportunity for testimony, we' ll see what the responses are if there' s additional time and questions, we' ll take them then. 32 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 O'Rourke: Puget Power' s plans at this time for the northern portion are not ready for any type of exposure. We will develop the substation and use as much of the property for the substation. What typically may happen is we will surplus it and it will be developed residential because that' s the zoning of the area. But, I 'm not sure how far along that. . . .down the road that is. A couple of years, at least. Hunter: It' s not now offered for sale, is that your point? O'Rourke: No its not and will not be until after the substation has been developed. As far as any power lines crossing any private property other than City franchise. . .City or County franchise area,- we will acquire the appropriate, easements if, at such time, it. . . like on this one, it kind of does show it crossing the adjacent property which is still, right now, considered 30 feet of King County right of way. Hunter: What about construction hours if it were to be constructed. Is there. . . O'Rourke: Yeah, yeah. That was addressed in the SEPA and typically, our construction hours are 8: 30 to 4 : 30, Monday through Friday, no working on the weekends. As far as the noise. The noise is typical noise -during construction hours. I noted in my report that approximately 210 truck trips will be required for site development and that' s for importing and exporting any material that Puget will need. Again, it will be done during the typical construction hours. Hunter:. What about the overhead power line impacts, what type of thickness of line, how many lines? O'Rourke: There' s typically three lines and a neutral. I 'm trying to think of the size wire we use for. . . 150. . .do you remember? 172 . . . 1272 . I think its all aluminum, ATC. I can't remember, we can find that out for you. I can't remember the size. Hunter: Well, what we had was questions or concerns raised about visual impacts of lines and is this. We are taking about four separate lines that are. . . O'Rourke: Three lines make a circuit and one line for neutral for distribution. I don't think a transmission has a neutral. . . .they have three lines going which are the three circuits that make up. 33 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation JCE-90-8 Hunter: O.k. , and these occupy what an air space of. . . . several feet or. . . O'Rourke: Typically the poles will be approximately 45 to 60 feet in height, depending upon their clearances required for crossing roads, railroads, depending on the type of road, so it depends on the size of the pole. Hunter: O.k. , how wide would the lines be. . . . Some comments made from the audience. (1-2-669) Hunter: I 'm sorry, was there. . .do we have someone else to respond to that. O'Rourke: Yeah, we do have someone else that can respond to the noise issue. I also have someone here who can respond to EMF issues. There was one more question on encroachment. I 'm not sure what Puget Power' s policy is on when adjacent properties are encroaching. Typically we have a survey done for our property for development and/or City' s requirement for their drainage easement. If we. . . Hunter: I think. . . I think that' s probably a private matter between the applicant and the individual who raised that concern. We don't need to go into any detail of that in a public hearing but it is one that, I 'm sure, the person who raised the concern will want to check it out in detail. O'Rourke: I would recommend then that he contact us and we' ll put him in touch with our real estate person and find out. Berry, do you want to address the noise issue and Mel, will you do the EMFs. Hunter: Do you swear, affirm to tell the truth and the whole truth in the testimony you're to give. (End of side 2 of tape 1) Berry Lombard: I do. Hunter: And your name, please. Lombard: Berry Lombard. Hunter: Mr. 'Lombard is here representing Puget Power. 34 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 Lombard: O.k. , the answer to the one concern about visual concerns . that were raised. Lines will be a wood pole structure and different configurations of insulators that probably haven't been determined at this time but normally we're using off-set insulators which are probably about three to four feet on each side, so, your stands is probably somewhere ten to twelve feet maximum between the base. Hunter: O.k. , thank you. Lombard: And, there was concern raised about noise. Whether the transformers made a humm. And, transformers do humor but we are using low-noise transformers. We buy them with a NEMA rating and that's a rating where they take. . . .the manufacturer will measure the noise, one foot around the transformer, to specify what level that is and then the level decreases with distance. What we are obligated to meet under State, City and County ordinances is 45 DB at the property line and we also, utilities, I should mention also, usually have an exemption that says that it can be 55 during the day and a DB reduction at night in a residential area but utilities have that exemption for 10 DB but we try to meet it any way and that' s our standard practice is to meet the 45 DB. Hunter: What line would you be utilizing? Would be the fence line or the property line, the substation or the.property line or beyond that. Lombard: Its beyond that, right. Hunter: Is it possible to utilize the fence line as. . .I would assume some substations are on smaller parcels of property? Lombard: What we really try to do is meet at least the 45 at the property line, the more distance you have the noise drops off with the distance. Hunter: You've heard testimony about use of the site, . particularly as a trailway to short cut to school, that would be outside the fence line but within the property line. Lombard: Right. Hunter: Is it possible to meet these standards utilizing the fence line rather than the property line? 35 Hearing Examiner verbatim Minutes Puget Power Cambridge Substation #CE-90-8 Lombard: It may be, but I would have to calculate what the distance of the transformer was to the fence, you know, what. . .what the type of. . .what the exact rating of the transformer. It would probably be difficult to meet it. Hunter: In the site plan design, is that taken into account when the site plan is prepared or is it. . . . Lombard: It is taken into account. Forty-five DB, by the way, just to give you an idea, its not very loud, its. . . if we had an adjustable meter in here we're probably over 40 DBs and, its. . . its a fairly quiet sound. Traffic is 55 decibels going by, you know. When you're driving your car on the freeway that' s about 70 decibels so 45 is really pretty quiet. I don't think, you know, there are problem substations where old transformers, there's a noticeable sound and try to resolve those problems on a case by case basis. Hunter: What methods are available to reduce and replace? Lombard: Replace a transformer with a low-noise transformer or build a sound wall around the site. Hunter: What methods for sound walls are available to reduce noise? Lombard: Usually you would use a. . . looks like a cinder block which is hollow inside and is tuned to the 60 hertz frequencies and it will absorb your sound and reflect it back towards the transformer but beyond it you can get maybe a 12 decibel reduction using one of those at the property line. Hunter: And that. . .that cinder block construction would be immediately around? Lombard: Immediately around the transformer. Hunter: Around the transformer. Lombard: Around the transformer. It is expensive to do it that way, that can cost, you know, 40 to 50, 000 dollars to build the sound wall. So we try to build. . .buy sufficient property and buy low-noise transformers to start with. Hunter: But it could reduce sound by as much as 12 decibel levels at the property line, right. What other methods are available? 36 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 Voice: Comments from the audience (2-1-59) Lombard: All right. That' s true. Also, there' s another point about the' sound walls which you could put into the record. Because it is around the transformer facility, there's a maintenance problem if they have to replace the transformer then they have to take down the wall and build another one and so it. . .there are problems. Hunter: How often do you take down a transformer? Lombard: Just depends on if they are having problems with it. Normally, they last 10-20 years. Hunter: o.k. Are there other. methods available to reduce sound. . .noise? We've heard a suggestion about earth berms, is that ever utilized? Lombard• No. Hunter• Why not? Lombard: Because the sound waves from a transformer are long waves and you have to build a berm above the height of the transformer to do it and. . . Hunter: What is the height of the transformer? Lombard: About 12 to 15 feet. So, when this wall, I mentioned, we built walls at a couple of substations. The wall is higher than the transformer, 15 - 16 feet high. Berms really wouldn't work. Hunter: Any other methods that are used to reduce noise. Lombard: Those are the main methods. Vegetation and wood fences can be used but they really don't work so well because of the length of the sound wave. Hunter: Unless you find a wood that resonates. Lombard: Right. Probably got some. That was about it. Hunter: O.k. So you are the noise expert? Lombard: That' s one of my areas, yeah. Hunter: O.k. , thank you. 37 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 Lombard: O.k. Thank you. Hunter: We have someone to talk about the, must be you, the . electromagnetic fields. Its flash, are we safe. Voice: We're a one milligauss field here. Hunter: Do you swear, affirm to tell the truth, the whole truth in the testimony you're to give? Melvin Walters: I do. Hunter: Your name, please? Walters: My name is Mel. . .Melvin Walters. I 'm a senior environmental scientist for Puget Power. And the issue or the area of electromagnetic fields is the causative issue as was pointed out earlier. As far as the McFarlin (2-1-89) report by the EPA. That report came out earlier this summer and it was criticized by the scientific community. Because of that criticism EPA pulled it back. It was a staff report and the reason they pulled it back is because they had only based their information on two studies and they hadn't looked at some of the animal studies that had been done. The animal studies that have been done., exposing animals to electromagnetic fields have all come up to show that there' s no correlation, no causative relationship. Hunter: Have you read the report? Walters: Have I read the. . . Hunter: The report that was released and referred to? Walters: Yes, I read the earlier report. There's now a .draft report out which I haven't finished reading recently. Its out and the EPA right now is basically saying that there's not enough evidence to indicate significant health problems and they have not listed EMF as carcinogen because there's no causative data available. In other words we can't establish a causative relationship. I ' ll explain that in a moment. The EPA draft report that they are doing now should be out in the next few months. I say the next few months even though they said it would be out in July and now I 've heard its something like the end of the year that they are going to come out. There' s many reports out. 38 Hearing Examiner Verbatim Minutes Puget Power Cambridge substation #CE-90-8 Hunter: Yeah, they may turn to the reports but its even more appropriate that we looking at, we're focused on conditional use criteria. One of which is, would the conditional use be a detriment to surrounding uses and, maybe with your expertise on this area, we can look at where is the area of controversies as far as the impact of electromagnetic fields. We have some references to the exposure areas. Walters: Well, the controversy stems mainly from two reports. One was done in 179 by a man named Woodcock (2-1-114) and the other one done by Dr. Satterson (2-1-114) . Hunter: I would like to focus this even more so on this particular application. Are we. . . Walters: What our exposures are? Hunter: Yes, we have, we had reference and testimony to people using a pathway that' s probably the closest use to the substation that' s proposed. In addition we have several residences of adjacent property that would be a little bit further distance from the substation but still within that general area and we also had some testimony about an area referred to in the current report. . . Walters: Two milligauss. Hunter: A two milligauss area that ought to be referenced. Where are we with this application in terms of adjacent users of the property or adjacent owners of the property. Walters: You need to put magnetic fields in a perspective as far as what exposures are. Typically, a substation, now a 115 KV substation, the major source of the . magnetic field at that substation is the transmission lines going into them. If I measure the magnetic fields at the actual transformers, I will get fields, right up next to the transformers, in the 25-30 milligauss range. I move a few feet away, those fields drop off rapidly, they drop off into (unclear 2-1-131) and so, basically standing underneath the 115 KV line which is the major source of electromagnetic fields, in that situation, on a line similar to these, I make measurements, would be somewhere in the neighborhood of 10 to 20 milligauss directly underneath that line. That would be the size of the field that you would be in. Hunter: Directly underneath extends to the ground level? 39 Hearing Examiner verbatim Minutes Puget Power Cambridge Substation #CE-90-8 Walters: Directly underneath the line. Right. In other words you would be about 25 to 30 feet. . .you would be like 30 feet from the line because that' s all the closer you could get to the line. If you get right up next to the line, the magnetic fields will be much higher. Your exposures not there because you can't get that close. Now, if you move 50 feet away from that line, your exposure would drop to 5 milligauss to 2 and one-half milligauss. I'm in the business. . .qualified to be able to measure that line. The time you're 100 feet away, your fields have dropped to one milligauss to point 2 or 3 milligauss. As far as magnetic fields limits go, there are no standards that say what is safe or what isn't safe. As a matter of fact, the scientific evidence at this point does not indicate that any level is not safe. Presently, there' s one state in the Union that has a magnetic field limit and that's the State of Florida. And it has a 150 milligauss edge of the right of way limit which is many times higher than two milligauss limit that we heard referred to earlier. As a matter of fact, as much as a year and a half ago, down at hearings with the State Energy Subcommittee hearings to the Senate there was a proposal by Senator Talmadge to establish two milligauss limits at the edge .of all right of way and that Bill basically was turned into a study Bill. Dr. Gill Holman (2-1-154)_from the University of Washington wrote a letter to Talmadge saying that at this time there wasn't enough evidence to indicate that we even needed an exposure limit because we didn't even know that magnetic fields would cause problems. As far as the two milligauss limits, for example, when I was standing out at your foyer here, the entry, I was standing in a two and a half to four milligauss field at that point in time. Standing next to your kitchen stove you will be in a 35 to 40 milligauss fields. Now, if you move back three or four feet that field will drop down to : 5 or . 6 milligauss. A hair dryer will put out 20 to 200 to 2000 milligauss fields. Magnetic fields are everywhere around us, if we are going to McDonald' s we would be in a six milligauss field. Hunter: What is it for the substation? I know you can't be precise about that. Walters: Walking around the substation, the maximum field I would expect to encounter would be somewhere around 20 milligauss. More in likely it would be around 10. If you walked around the fence, if you were on the other side of the yard from the transmission lines where they come in, you would be probably in one, two or three milligauss at most. If walking through the property as the children would pass, they could be in an 8 to 10 milligauss fields, maybe 20 milligauss fields. If that is dangerous then walking past 40 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 your stove which is putting out 35 milligauss fields i-s also dangerous. Hunter: How is the fenced area determined? Obviously, your fence could be closer or further away from a substation. Is there any criteria to selecting how large an area, does it have anything to do with the exposure limits. Walter: I 'm not, yeah, I believe there's probably. . .nothing to with exposure limits, has to do with safety codes probably. I 'm not versed in those requirements. I know about health effects, I've followed this issue for the last seven to eight years. Its not a new issue, its been around for 20 years. Hunter: But you could, you could determine based on the type of transformer that' s put it, , at what point does that possible electromagnetic field exposure drop to below certain thresholds. Walter: We could do that but we haven't done that to date because we've. . . scientific information doesn't indicate that there's a significant health risk. Hunter: But when you state that the exposure limit is between one and three milligauss outside this proposed application fence. What are you basing that on? Is the number of feet. . . . Walters: I 'm basing that on my experience of, having walked around substations, 115 KV substations. Hunter: Similarly situated substations. Walters• Yes. Hunter: That would have a similar fenced off area. Walters: Correct. I 've walked, for example, there's one in Bellevue that I've walked around. And when I made a trip around that, where the lines came in, I was in about a 22 milligauss field and everywhere else around there, I was in a field bearing anywhere from five to one milligauss. But magnetic fields, you know, when I 'm giving you these measurements, you have to realize that magnetic fields are based on current flow, so at any one time, when I 'm out there making a measurement, the fields may be different the next time I 'm there. But, they will be in that general range. 41 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 Hunter: Um hum. And, will that vary from type of transformers. . . its 115 KV, that's the. . .are the new transformers create shields. . . Walters: As far as shields go. And that was another question that was asked. You can shield. . .actually there' s two fields associated with the power lines. . .an electric field and a magnetic field. The electrical fields can be shielded but magnetic fields, these are the same magnetic fields that make compass needle go north, these fields can pass through the dirt, ground, rocks, buildings, you cannot shield them with a berm and nor can you reflect them straight up into the area. Magnetic fields basically, go where they want to go. Hunter: O.k. Walters: To clarify this .causal relationship thing. I could give you a little bit of information. The magnetic fields, epidemological studies, the three things they look for are strength. . .consistencies in the studies, and also they look for a dose relationship. In the case of the electromagnetic fields, there have been thousands of studies done. Seventeen studies as reviewed by a Dr. Phillips Cole, an epidemiologist from Alabama, University of Alabama, and when he reviewed 17 studies, he pointed to two studies that showed this possible correlation between childhood leukemia and power lines. This is a statistical link. One epidemiologist looked at these kinds of studies, they would say that is not consistent and this is what he says, this is not consistent enough results to indicate significant risk: For example when they did cigarette smoking studies, same kind of studies, if they did 20 studies or 17 studies all the studies showed the correlation, then when they looked at this further, they'd look for the strength of the association. The two studies that were done in Denver, the one by saddest (2-1-230) and the one by Whitmeyer (2-1-230) , said that there was a two-fold increase involved with risk; the normal cancer risk with children is 1 in 10, 000 and these studies said that could possibly increase to 2 in 10, 000 if this was a true association. That is a very weak association as compared to cigarette smoking when they've got 30 to 40 full increases in the relative risk and an epidemologist would look at. . .at this point and say, well, there' s a pretty good indication that we might have a problem with cigarette smoking but for EMF, we don't really know yet, we need to do further studies and look at this closely. Now, the next step in the scientific process which would show causality is when you go to the laboratory and expose animals to cigarette smoke or you expose animals to EMF. 42 Hearing Examiner Verbatim Minutes Puget Power Cambridge substation #CE-90-8 When those studies have been done, that kind of animal studies, never have they been able to cause cancer by exposing animals to electromagnetic fields and so, we have never been able to develop a dosage relationship. We don't know if one milligauss will cause cancer and if five milligauss will cause more cancer. Because at that one milligauss we 'haven't caused cancer, nor caused at five, ten, that' s very high doses. With the cigarettes, of course, they exposed animals to smoke and they caused cancer and they were able to develop a dose relationship because the more smoke, the more cancer. Interestingly enough, in the last 30 years, the use of electricity has increased by 700 percent and child leukemia rate has remained stable. We don't know and we can't say that there' s any causal relationship between electromagnetic fields and cancer. Hunter: The main area of concern, you pointed to, if there is some relationship, I don't think we need to decide that today, but. Walters: We can't. Hunter: Its the power line itself rather than the transformer and does that take into account on. . .have you been able to look at this site and where the proposed power lines are, whether there are exposures. You indicated that it falls off significantly as one moves away from the source of the EMF. Are there residences within the 100 foot level that you seem to refer to as the. . . . I think 100 feet is what you said it dropped below. . . . Walters: One milligauss . I don't know. . .that' s. . . I 'm just telling you what it would drop off at different distances. I 'm not saying that one milligauss is safe. I 'm not saying that ten milligauss is unsafe. For a line of this size, magnetic fields of this magnitude are not common even within the house. . And there are no guidelines right now to tell us what we need to limit people' s exposure to, whenever we site transmissions lines we always try to keep them as far away from people, telephones, houses as possible just because of the dangers of the line falling. I mean, there are certain safety requirements that we have to. . .have to meet. And, so, you know, those types of things are taken into consideration but we haven't looked at limiting peoples exposure by creating wide right- of-ways or trying to move power lines or redesigning at this point because we could not. . .there' s no evidence that this would be helpful. Hunter: Is an environmental scientist' s perception of a risk sometimes cause health concerns or health problems as well as the reality of a risk. 43 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation JCE-90-8 Walters: There's no doubt of that. There have been cases where schools have roped off areas and judges have listened to testimony by experts and decided that power lines, that children shouldn't be allowed in to play in the playground, for example, if this could be supported. - There have been other cases, where, like Judge McCaven (2-1-288) in New York, listened to testimony and he listened to Margaret Tucker who is the cancer epidemiologist. . . .epidemiologist for the Cancer Society and she indicated that there was no rational reason why people should fear cancer and so Judge McCaven made his decision and he decided that these class suits that was filed against the utilities that people shouldn't be awarded any money because of property values going down because of the fear of cancer because that fear wasn't rational. When judges make decisions, and they look at scientific information, its also emotional, political and people's perception that comes into play. The scientific information we have right now doesn't indicate significant risk. We tend to look at it, if the risk is there, like the (unclear 2-1-300) University of Washington, says, if the risk is there, he compared it to that of like eating a peanut butter sandwich or drinking fluorinated water, we' ll never be able to prove, that power lines are perfectly safe, scientifically, you can't do that. I can't prove that when we go in to a restaurant that, forsaking the food there, because it could have salmonella and there' s those kinds of risk we take whenever we do things we have to put that in perspective. We don't, we can't prove that its perfectly safe. But we also have really no evidence at this point other than a couple of studies out of thousands that say it could be a problem. Its an issue. Whenever we try to site transmission lines, whenever we try to site about anything, people, you know, evaluate the situation, and they look for possible reasons why a project maybe shouldn't be built and they have concerns. Many of their concerns are legitimate. We all have concerns for our children's health and Puget Power is not evading its responsibilities to provide safe, economic power to the public and we have no reason not to try to do that. And, if we know or even had any evidence that power lines were causing health problems in children then we would have to take action to deal with that. Hunter: Thank you very much for your testimony. Stay seated there for just a moment. Walters: I can also provide you electrical and biological (unclear 2-1-327) transmission review in the back, hundreds and 44 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 hundreds of studies have been done on the topic. It talks about some of the biological effects of transmission lines. It gives a review of the present situation with electromagnetic fields. Hunter: Would you like to submit that as part of the record? Walters: Yes. This was • produced by Bonneville Power Administration, so its a government document, published in June 1989 , so its pretty recent and then this an Electrical Power Research Institute brochure that talks about some of the studies that power companies have done and others have done over the last few years. Hunter: O.k. , we' ll receive these and mark them as exhibits. Walters: Those pages are 19-20 in the Bonneville. Hunter: O.k. , we've taken a lot of testimony today and heard a number of questions and concerns by my account I think they've all been respond to. There may be some additional questions and need for cross-examination that may have emerged out of the responses. But I want allow for is an opportunity for any of you that testified and particularly on this final issue, the electromagnetic fields. Ms. Gilmore is it that raised that area of concerns, are there additional questions you had or issues that you want to addressed by the applicant. O.k. , is this within a few minutes or. . .o.k. , why don't you go ahead and have a chair here and we' ll allow Ms. Gilmore since she has raised this concern fairly directly, to allow her to ask a few questions of the applicant's witness. And if you could just ask them very succinctly, and then we' ll allow the information to flow. Gilmore: Yes. Well, I did have one point to make and then I' ll ask a couple of questions. And one is that when you're heating your sandwich or going to a restaurant, you're making that choice. And, and when someone else is running a power line over your head, you don't make the choice and it stays there 24 hours a day, there are no choices left to be made. O.k. Hunter: That' s your closing argument, your closing statement. You had some information you wanted to bring out, I think now would be a perfect time to do it. Gilmore: O.k. when it was brought up earlier that a substation was running at this point beyond potential. . .running beyond potential that means running beyond max. . .right? If that' s true 45 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 and you have readings for maximum then do you have readings for beyond maximum. And, one more question and that is, if this report from the Department. . .no, not the Bonneville. . . . Hunter: These are the ,two studies referred to? The EPA report? Gilmore: The EPA report, thank you. If that' s going to come in at the end of the year or something like that probably, the information is going to come back on it, why can't we wait until then. Walters: The draft is out right now. Gilmore: You said there was going to be. . . Walters: There are going to be reports coming in for the next 20 or 30 years on this topic. And, you know, a lot of reports been done. . .there have been thousands of reports done. One. . . Gilmore: But this is the Environmental Protection Agency that you said was coming out. . . Walters: One. . . one. . Hunter: I don't want to be in a debate here. I want to allow you an opportunity to ask questions. We' ll get information in, it will be my role to make the decision but I don't want to have a debate going on. You asked about the EPA report and where is it or. . . Gilmore: And its coming back in December and some where else. Hunter: And he' s respond to that question. Walters: The EPA report is probably available at this point. There' s many reports that would be available on this topic at this point. One report is just one more report. You don't just look at one report when you are reviewing scientific data, you look at thousand and thousand of reports that were done. If I choose to look at one report, I 'd look at a report done by (unknown 2-1-392) in Sweden which says that power lines give less cancer. I mean those kind of reports are out there and we. . . so we could debate this issue for long periods of time and I cannot convince you or its not my job to convince you that this stuff is perfectly safe. You know, we have, the scientific community, look at all the information out there and, at this point, the scientific community, you know, is looking at this information, one report one way or the 46 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 other,, its just one more report. You have to look at all that information. EPA, I know what EPA said, basically they said that they are concerned about the issue, (unclear 2-1-407) health, they said we have no evidence or causative relationship and they are going to continue to evaluate the situation. If the government or EPA determines that there are there are exposure limits that are appropriate for power companies to meet then, you know, we would meet them. But, there are many things out there that people can point to and say there could be problems. Hunter: O.k. , I think you've respond to the questions. That' s an appropriate response. Any further questions you have. Gilmore: The substation running beyond the potential. Walters: As far as my estimate, if you, what we say when we are measuring a peak, that is the. . .anything above that and the thing would fail. I don't know what potential means. Hunter: You mentioned. . .you mentioned measurements that you have taken at similarly situated substations where you thought it was less than the three milligauss at the edge of the enclosure. Walters: Right. Hunter: And, as I understand the question is, what's the max. . .you refer to that as normal operating conditions or is that maximum or. . . Walters: Normal. Very, very. . . Hunter: How much variation could be there be, how much higher could it go? Walters: I would like to explain like. . . its like, you know, a car. I mean my car will go 120 miles an hour and we don't drive. . . I don't drive 120 miles an hour, I drive at 55 on the freeway because that 's what its designed to do and it operates best at that and that 's the way we run substations. They are designed to carry peak current up to a certain amount, anything above that and, you know, they will fail. Now, when we are estimating, based on a model, which is what I was doing, using a model to estimate what electromagnetic fields would be around that substation. I was basing that on that peak. . .the maximum capability of that substation and it could be' 20 to 30 milligauss. But the changes of us operating like that would be very, very remote and even then if 47 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 it we're at 35 milligauss for a day or a few hours, that's still, that's just like what you've got around your kitchen stove. Hunter: This is measured at the edge of the enclosure. That you're referring to, the 35 or is that . . . . Walters: The 35 milligauss would be underneath the transmission line. Hunter: Underneath the transmission lines. Walters: That' s where is going to be the highest. Hunter: O.k. The degree of variation at normal operating to peak operating would be how much of a variation. Walters: On page 19 in the book I gave you, the EPA book, there's a diagram that shows a 115 KV transmission line and it shows a peak and an average. I was giving you figures for average, 20 milligauss. O.k. , the peak is 35 milligauss. O.k. and then, it shows that peak dropping off to different, you know. Hunter: O.k. , I think that. . . .that response. . . Walters: So the peak is what the thing can actually put out. . .35, 40 milligauss. That would be the maximum you could ever get from the substation site. Gilmore: This is for the first line, not the future line, right? Walters: Lines aren't additive. Matter of fact, some times when you put lines together, you can get cancellations of magnetic fields because that' s the. . .waves cancel each other out. So, just because you have the one line and you have 35 milligauss and you add another line you aren't going to get 70, you're probably going to get less than 35 . Gilmore: Not even if you are standing here. Walters: Not even if you ,are standing there. Hunter• O.k. Walters: Magnetic fields, you know, cancel out, and if you move the conductors closer together we can reduce magnetic fields or readjust current, we can reduce magnetic fields. For example, if 48 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 we put another line in there then we would reduce the current on existing line and that would reduce the magnetic field. There' s many, you know, different variables. Going to larger amounts, 115 to 230 Kv transmission lines you can sometimes. . .we could reduce the current magnetic fields. But, the peak, the potential at higher fields would be 'higher. Gilmore: And probably would reach a peak at some time or another in the future. Walters: No, no, that' s only if some major transmission line failed going across the mountains or something like that would that situation ever, ever exist. I mean, I can guarantee that my car is never going 120 miles an hour but its the same finality to it. I'm not saying that there' s people that don't do that occasionally but its not a (unclear 2-1-490) . Hunter: Did you have any further questions. Gilmore• No. Hunter: O.k. , I think we have information in. Yes, sir, did you have a. . . Brown: I just have a couple of questions. Hunter: O.k. , and you are Mr. . . . Brown• Brown. Hunter: Brown. . .Brown. And, did you have questions of this individual, the applicant's expert on electromagnetic fields or other areas. Brown: Primarily pertaining to the vegetation. Hunter: O.k. Brown: So, I 'm not positive whether the City or whether it would be Puget Power would address that. Hunter: Well, we' ll let Mr. Walters turn off his machine and probably we ' ll ask these of Alice when (unclear 2-1-504) they are. Brown: Basically, first off I want to make a statement that as being a property owner adjacent to the proposed site I 'm not any 49 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 where near as concerned about the EMF concern as I am about the visual concern. Hunter: Yes, yes, your testimony I noted earlier has recorded that. Brown: So, the berm that I spoke of would be more for visual it is not, I am not concerned about it trying to knock down any radiation. I am concerned about, one of the questions I had here is the, what exactly would be the areas and which would be, the Type I and Type II vegetation. There appears to be a difference about halfway up on either side from the southern border. Hunter: O.k. Let's take that question and ask the City to respond to that. As I read the proposed condition of the City its Type I landscaping along the eastern and revised western boundaries and that would mean the entire boundary between the substation and adjacent property but Alice might respond. Shobe: First of all, this isn't the official, approved landscaped plan. The landscape plan when it is submitted, is when they submit for their building permit and we have a landscape planner who, its her specialty, to review it and so she will be the one reviewing it. And so, there' s definitely going to be changes in this. I can, again, refer to generally when I look at a plan, if I 'm looking at it to get general idea, since I don't have the specific background, we require the Type II landscaping on your buffering street or a parking lot or something like that and Type I landscaping isn't used very often unless it is for these very incompatible type uses which is why we conditioned to make sure that we got the Type I on the side. So, generally, I can't say specifically like from this portion to that portion but what I 'm envisioning that will be required is the Type II along the front street here. The Type I on both sides if acceptable as a condition of this permit and then in the rear probably some Type II along the fencing area and then you have the natural vegetation and as I remember being on the site its also hilly too and its hillier. . .this kind of slopes downward in here so you also have some buffering from the street just by the natural topography. Now, on your side, I think. . . Brown: I 'm present. . . Shobe: Oh, you are on this side. Brown• Yes. 50 Hearing Examiner Verbatim Minutes Puget Power Cambridge Substation #CE-90-8 Shobe: O.k. Doesn't it slope up too? Brown: Very, very little. Maybe a foot or a foot and a half. Shobe: A little bit, yeah. ' Which is why that we want to make sure that you get the solid 'screening. Brown: Most of the area along from about oh the mark where it says topo. . .the. elevation is about 374, that area down from that point down is very thinly vegetated anyway naturally. Shobe: Right, well, that's why we're requiring them. Hunter: All right. The question has been responded to about what type of landscaping. I urge you also to look at the ordinance that defines Type I landscaping, I think, it might be useful. Anything further. Brown: No, other than just that that is my concern, the vegetation. I 'm not concerned about the EMFs other than just a minor concern on my part. Thank you. Hunter: O.k. You bet. I think we have the information then that we need to make a decision. Any further statements that anyone wants to make from the applicant and the City. O.k. , there' s been ample opportunity for cross-examination, for rebuttal, for direct testimony. We've heard it all. It is recorded and it is my job now to take all this information and to make a decision within 14 days of today' s hearing date and I will do that and again, if you want a copy of it mailed directly to you, if you sign this book you will have that, and with that the hearing is now adjourned. 51 Kent City Council Meeting Date April 2 . 1991 Category Public Hearings 1. SUBJECT: LID 336 - EAST VALLEY HIGHWAY IMPROVEMENTS 2 . SUMMARY STATEMENT: This date has been set for the public hearing on formation of LID 336 East Valley Highway Improvements. The City Clerk has given the proper legal notification. The Director of Public Works will review the history and scope of the project. 3 . EXHIBITS: Memorandum from the Public Works Director, ordinance and IBC note 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: OPEN HEARING: PUBLIC INPUT• CLOSE HEARING: 7. CITY COUNCIL ACTIO } Councilmember moves, Councilmember l I - seconds the memorandum from Public Works Director be made a part of the record and that Ordinance e 7 forming LID 336 be adopted and that the budget for same be established as detailed in the IBC note. DISCUSSION• ACTION: Council Agenda Item No. 2D DEPARTMENT OF PUBLIC WORKS March 28, 1991 TO: Mayor Kelleher and City Council FROM: Don Wickstromw RE: Proposed LID 336 East Valley Highway Widening From S. 192nd St. to S. 180th St. Resolution 1273 adopted by City Council on March 5, 1991 established April 2 , 1991 as date for the public hearing on L.I.D. 336. The project provides for the widening of East Valley Highway from S. 192nd St. (just south of Springbrook Creek) to S. 180th St. BACKGROUND This is the last remaining link of the original East Valley Highway from Auburn to Renton, through Kent, that has not been widened to five lanes. Currently, the roadway pavement has deteriorated in many places and is in need of major overhaul. In addition, the capacity of the two lane road has been stretched beyond its reasonable limit. The number of left turning vehicles to adjoining businesses and properties, result in significant backups nearly any time of the day. In 1988 , the City of Kent requested funding from the State Transportation Improvement Board to help pay for a portion of the cost of the proposed improvement. A commitment of funds was received from that Board approximately one year ago, and the schedule outlined in that grant request was to have construction commence in 1991. Much of the area is already developed with a few remaining undeveloped areas. A number of the undeveloped parcels have development plans currently in the works. PROPOSED IMPROVEMENTS The proposed improvement is to complete the missing link of five lane arterial between S. 192nd St. and S. 180th St. Currently, East Valley Highway is five lanes in width, both north and south of this project area. The completed roadway cross-section will look similar to East Valley Highway, southerly of S. 192nd St. The roadway will include curb and gutter, concrete sidewalks along both LID 336 East Valley Highway Widening March 28, 1991 Page 2 sides, a five lane wide roadway which includes a two-way left turn lane in the center, - street lighting on both sides of the street, street trees on both sides of the street, a storm drain system and bioswale system between the curb and sidewalk. The project will also include extending sanitary sewer and water stubs to undeveloped properties adjacent to the roadway section. NEED FOR IMPROVEMENTS Street Widening - Without question, the street needs to have capacity improved. A two way left turn lane is needed to allow safe movement of trucks and left turning vehicles to the numerous adjoining businesses, driveways, and truck distribution centers on either side of the roadway. Additional street lighting is needed beyond the few existing street lights to bring the arterial up to current requirements for adequate street lighting. Continuous sidewalks are also needed to integrate to the sidewalk system at both ends of the project. Sidewalks will allow for safe pedestrian access along the roadway and help provide for passenger use of METRO transit along this route. The drainage system in the area needs to be improved. The proposed curb and gutter, swale and storm drain system will help alleviate some of the drainage problems in the area. However, it should be understood that due to the overall low-lying nature of the entire valley floor in this area it will not be possible with this street widening project to completely eliminate the type of flooding that has occurred in this region sporadically over the years. A consultant will be utilized to determine which, if any, portions of the existing roadway are suitable to be widened and overlayed with new pavement vs. complete removal and replacement. Utilities that are currently within the roadway will be extended at the request of the property owners to serve undeveloped or underdeveloped properties so that the new street will not have to be tunneled underneath to provide for these facilities in the future. A large number of the properties within the assessment area for this project have recently developed and have already agreed to participate in this LID project. LID 336 East Valley Highway Widening March 28, 1991 Page 3 PROJECT FUNDING AND ASSESSMENT DISTRIBUTION The project funding is primarily from the Local Improvement District, with 10% of the project cost funded from City funds, and 26% from the State Transportation Improvement Board grant funds. In the proposed Local Improvement District 336, each parcel is assessed a share of this cost based on two zones. Zone 1 is the front footage assessment and is prorated over the front 300 feet of property abutting the East Valley Highway improvements. The costs of pavement, storm drainage, curb and gutter, sidewalks, and street lighting are included in Zone 1. These costs represent approximately 80% of the project. The costs for the addition of the two-way left turn lane are included in Zone 2 and are approximately 20% of the project. Zone 2 costs are distributed over the entire area of all parcels within the LID on a square foot basis. F� Total of LID Assessments $21280, 637 City/State Funding 1, 250 , 000 Project Total $3 , 530, 637 FORMATION OF THE LID The grant funds that were made available for this purpose by the state, must be utilized this year or they will be taken away and reallocated to some other project in the state. Due to increased transportation needs throughout the state it is doubtful that the state funds would become available for this project again if they were not used now. A meeting with the property owners was held February 20,, at which time the project was discussed in detail with`Kiem. Because of the unique configuration of some of the parcels, the predominant question from those attending dealt with the method of assessments. It was explained that the modified zone termini method used provided as fair a distribution of costs as possible. This rationale seemed to be generally accepted by those in attendance. At the conclusion of this meeting, little opposition to the L. I .D. was expressed. Prior to this hearing, assessment notices have been sent out to each property owner with the preliminary assessment estimate delineated for each parcel. Property owners may protest the LID formation at the formation hearing, or by mailing a letter which must be received by the City Clerk' s office prior to the LID 336 East Valley Highway Widening March 28, 1991 Page 4 formation hearing. If protests are received from owners representing 60% of the assessments, the LID could be stopped. CONSTRUCTION SCHEDULE Currently, the project is estimated to start in June 1991 and be completed in the Fall of 1991, weather permitting. This type of project with the required underground storm drainage work necessitates that work be completed in the drier months. PAYMENT OF ASSESSMENT After City Council passes the ordinance confirming the final assessment roll, there is a 30 day period in which any portion or all of the assessment can be paid with no interest charges. After that 30 day period the assessments will be paid over a 15 year period wherein each annual payment is 1/15th of the principle plus interest on the unpaid balance. The interest will be what the municipal bond market dictates at the time the bonds are sold. CITY OF KENT, WASHINGTON ORDINANCE NO. AN ORDINANCE ordering the widening and improvement of the East Valley Highway from South 192nd Street to South 180th Street, all in accordance with Resolution No . 1273 of the City Council; establishing Local Improvement District No . 336 and ordering the carrying out of the proposed improvement; providing that payment for the improvement be made by special assessments upon the property in the District, payable by the mode of "payment by bonds" ; authorizing interfund loans; and providing for the issuance and sale of local improvement district warrants redeemable in cash or other short-term financing and local improvement district bonds . WHEREAS, by Resolution No. 1273 adopted March 5, 1991 , the City Council declared its intention to order the widening and improvement of the East Valley Highway from South 192nd Street to South 180th Street, and fixed April 2, 1990 , at 7 : 00 p.m. , local time, in the Council Chambers of the City Hall as the time and place for hearing all matters relating to the proposed improvement and all comments thereon and objections thereto and for determining the method of payment for the improvement; and WHEREAS, the Director of Public Works caused an estimate to be made of the cost and expense of the proposed improvement and certified that estimate to the City Council , together with all papers and information in his possession touching the proposed improvement, a description of the boundaries of the proposed local improvement district and a statement of what portion of the cost and expense of the improvement should be borne by the property within the proposed district; and WHEREAS, that estimate is accompanied by a diagram of the proposed improvement showing thereon the lots, tracts , parcels of land, and other property which will be specially benefited by the proposed improvement and the estimated cost and expense thereof to be borne by each lot, tract and parcel of land or other property; and WHEREAS, due notice of the above hearing was given in the manner provided by law, and the hearing was held by the City Council on the date and at the time above mentioned, and no objections to the proposed improvement were received, and all persons appearing at such hearing and wishing to be heard were heard; and WHEREAS, the City Council has determined it to be in the best interests of the City that the improvement as hereinafter described be carried out and that a local improvement district be created in connection therewith; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES ORDAIN as follows ; Section 1 . The City Council of the City of Kent, Washington (the "City" ) , orders the widening and improvement of the East Valley Highway from South 192nd 'Street to South 180th Street, as described in Exhibit A attached hereto and by this reference incorporated herein. -2- All of the foregoing 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 Council as long as such modification does not affect the purpose of the improvement . Section 2 . There is created and established a local improvement district to be called Local Improvement District No. 336 of the City of Kent, Washington (the "District" ) , the boundaries or territorial extent of the District being more particularly described in Exhibit B attached hereto and by this reference incorporated herein. Section 3 . The total estimated cost and expense of the improvement 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 such improvements to be included in the District which embraces as nearly as practicable all property specially benefited by such improvement . Section 4 . In accordance with the provisions of RCW 35 , 44 . 047 , the City may use any method or combination of methods to compute assessments which may be deemed to fairly reflect the special benefits to the properties being assessed. Section 5 . Local improvement district warrants may be issued in payment of the cost and expense of the improvements -3- herein ordered to be assessed, such warrants to be paid out of the Local Improvement Fund, District No . 336, hereinafter created and referred to as the Local Improvement Fund, and, until the bonds referred to in this section are issued and delivered to the purchaser thereof , to bear interest from the date thereof at a rate to be established hereafter by the City Finance Director, as issuing officer, and to be redeemed in cash and/or by local improvement district bonds herein authorized to be issued, such interest-bearing warrants to be hereafter referred to as "revenue warrants . " In the alternative, the City hereafter may provide by ordinance for the issuance of other short-term obligations pursuant to Chapter 39 . 50 RCW. The City is authorized to issue local improvement district bonds for the District which shall bear interest at a rate and be payable on or before a date to be hereafter fixed by ordinance . The bonds shall be issued in exchange for and/or in redemption of any and all revenue warrants issued hereunder or other short-term obligations hereafter authorized, including the interfund loans, and not redeemed in cash within twenty days after the expiration of the thirty-day period for the cash payment without interest of assessments on the assessment roll for the District . The bonds shall be redeemed by the collection of special assessments to be levied and assessed against the property within the District, payable in annual installments , with interest at a rate to be hereafter fixed by ordinance under the mode of "payment by bonds, " as defined by law and the -4- ordinances of the City. The exact form, amount, date, interest rate and denominations of such bonds hereafter shall be fixed by ordinance of the City Council . Such bonds shall be sold in such manner as the City Council hereafter shall determine . Section 6 . For the purpose of paying all or a part of the costs of carrying out the improvements with the District pending the receipt of the proceeds of the issuance and sale of the bonds or short-term obligations referred to in Section 5, interfund loans from the General Fund, Water Fund and/or Sewer Fund to the Local Improvement Fund in the maximum aggregate amount of $2, 280 , 637 are authorized and approved, those loans to be repaid on or before the issuance of such bonds or obligations from the proceeds thereof . Each of the interfund loans shall bear interest at a variable rate, adjusted the fifteenth and last day of each month, equal to the interest rate of the State of Washington Local Government Investment Pool on the fifteenth and last day of each month. The initial interest rate on the date of each interfund loan shall be determined as of the last preceding interest payment adjustment date. Section 7 . In all cases where the work necessary to be done in connection with the making of such improvement is carried out pursuant to contract upon competitive bids (and the City shall have and reserves the right to reject any and all bids) , the call for bids shall include a statement that payment -5- for such work will be made in cash warrants drawn upon the Local Improvement Fund. Section 8 . The Local Improvement Fund for the District is created and established in the office of the City Finance Director . The proceeds from the sale of revenue warrants or other short-term obligations drawn against the fund which may be issued and sold by the City and the collections of special assessments , interest and penalties thereon shall be deposited in the Local Improvement Fund. Cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the improvement and cash warrants in payment for all other items of expense in connection with the improvement shall be issued against the Local Improvement Fund. Section 9 . Within fifteen ( 15) days of the passage of this ordinance there shall be filed with the City Finance Director the title of the improvement and District number, a copy of the diagram or print showing the boundaries of the District and the preliminary assessment roll or abstract of such roll showing thereon the lots, tracts and parcels of land that will be specially benefited thereby and the estimated cost and expense of such improvement to be borne by each lot, tract or parcel of land. The City Finance Director immediately shall post the proposed assessment roll upon his index of local improvement assessments against the properties affected by the local improvement . -6- Section 10 . This ordinance shall take effect and be in force five ( 5) days from and after its passage, approval and publication as provided by law. DAN KELLEHER, MAYOR ATTEST; Marie Jensen, City Clerk PREPARED BY; FOSTER PEPPER & SHEFELMAN Passed the day of April, 1991 . Approved the day of April , 1991 . Published the day of April , 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-248* -7- EXHIBIT A 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 . Bioswales 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-751"/6 EXHIBIT B Cam( OF KENT L.I D N— 336 LFGAL DESCR EIM 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 East,'W.M, and of the S.E. 1/4 of Section 36, Township 23 North,Range 4 East, W.M. described as follows: BEGINNING 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 intersection 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 Auditoes 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 right angles to said Easterly margin, to an intersection with the North line of the South 1/2 of the said SE I/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 King 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 line 'A [Line 'A': Commencing at the Southwest comer 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 B4ruting; thence East 256J0 feet; thence North 44 06' 00' East 140.23 feet to the centerline of a stream known as Spring Brook and the Terminus of said line 'A' description.] B9�SVAVEY�CE"rt�9I0LSJJ D-1 OI/Jt�YI Thence South 4. 06' 00',West along said line 'A' a distance of 14023 feet; Thence West along said line 'A' a distance of 25630 feet; Thence continuing West to an intersection with the East line of Lot 1, of City of Kent Short Plat No. SPC-84-1 (also known as Knudson Industrial park), according to short plat thereof recorded under recording No..8404180794,records of King County,Washington; Thence Northerly and Northwesterly along the Easterly line of said Lot 1 to the Southeast corner 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 4205 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 Counry Road No. 373; Thence 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 fine to the Southwest corner of the NW 1/4 of said Section 31 and the POINT OF BEGINNING. gq�$r11tV LrY�KL'"R\91oL257 B-2 nn1�1 WICKSTROM,DON / KENT70/PW - HPDesk print. ----------------------------------------- �ssage. Dated: 02/21/91 at 1713 . subject: LID 336 EAST VALLEY HIGHWAY WIDENING - FISCAL NOTE Sender: Tony MCCARTHY / KENT70/FN Contents: 3 . TO: Don WICKSTROM / KENT70/PW Part 1. TO: Mayene MILLER / KENT70/FN Paul SCOTT / KENT70/PW Karen SIEGEL / KENT70/PW Don WICKSTROM / KENT70/PW Part 2 . THE FISCAL NOTE FOR THIS PROJECT. LET ME KNOW IF YOU HAVE ANY COMMENTS. Part 3 . 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. Kent City Council Meeting Date April 2 . 1991 Category Public Hearincrs 1. SUBJECT: LID 338 - WESTVIEW TERRACE SANITARY SEWERS 2 . SUMMARY STATEMENT: This date has been set for the public hearing on formation of LID 338. The City Clerk has given the proper legal notification to the property owners. The Director of Public Works will review the history and scope of the project. 3 . EXHIBITS: Memorandum from the Public Works Director and vicinity map 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO_Z_ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT• CLOSE HEARING: 7. CITY COUNCIL ACTION• A Councilmember � moves, Councilmember ��,�r � seconds that the memorandum from the Public Works Director be made a part of the record and that the City Attorney be directed to prepare the ordinance forming LID 338 for Westview Terrace Sanitary Sewers. \ DISCUSSION• lV ACTION• Council Agenda Item No. 2E� DEPARTMENT OF PUBLIC WORKS March 23, 1991 TO: Mayor Kelleher & City Council FROM: Don Wickstrom RE: LID 338 - Westview Terrace/McCann' s Westview Sanitary Sewer - 96th Ave. S. ; 98th Ave S. ; S. 216th St. and S. 214th St. This project was previously considered under LID 337 with a public hearing on February 5, 1991, however the LID formation was rejected by the Council. Project supporters attended the subsequent Council meeting and asked for reconsideration of the issue. Council directed staff to proceed with a new LID proposal. Resolution No. 1272 adopted by City Council on March 5, 1991 established April 2 , 1991 for the public hearing on L. I.D. 338 . All of this was the result of a petition received in June, 1990 and subsequent contact with property owners which indicated sufficient support. PROPOSED IMPROVEMENTS Sanitary Sewer Improvements Description: Includes the installation of 8-inch sanitary sewers, 6-inch side sewers and related appurtenances. ON FROM TO 98th Avenue S. S. 216th St. 200 ' South of S. 213th Pl S. 216th St. 96th Ave. S. 98th Ave. S. 96th Ave. S. S. 216th St. 200 ' Southwest of S. 213th 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 ' south easement above PROJECT FUNDING This project is proposed to be 100% LID financed. The estimated cost is $312, 901. 44 . There are 48 lots included; therefore, the assessment per lot is $6, 518 . 78 . It should be noted that this cost and extent of construction is based on the fact that the proposed plat of Garrison Heights will provide easements and will extend the sewer approximately 175 feet to the point of connection for the LID. Should this developer extension not be made, additional costs will be incurred by the LID, resulting possibly in higher assessments. As an alternative, the City would pick up these additional costs. METHOD OF ASSESSMENT Each property serviced is being assessed. Since each lot is a single family residential lot each receiving one service, the benefit is equal for all parcels. Therefore, the cost is evenly spread over all lots within the LID. PAYMENT OF ASSESSMENT Upon Council passing the ordinance confirming the final assessment roll (after completion of the construction) , there is a 30-day period in which any portion or all of the assessment can be paid without interest charges. After the 30-day period, the balance is paid over a ten year period wherein each year's payment is 1/10th of the principal plus interest on the unpaid balance. The interest will be what the market dictates. NEED FOR IMPROVEMENT The property location is a developed residential area composed of single family lots on septic tanks. For years, it has been known that the septic systems in -the general Westview Terrace area function poorly or not at all. Previous attempts to install sewers within the entire area have failed. However several years ago LID 322 and 323 for sewers were formed for the neighborhood adjacent to LID 337 . It has been reported by residents that there is raw sewage on the surface of the ground and that septic odor is a real widespread problem. The Seattle-King County Department of Public Health has identified various failing septic systems within the general area. These problems are a threat to .everybody who lives in the area. Most of the problems are not repairable and are expected to become worse and more widespread. The only economically feasible alternative is to install a public sewer system. As the situation deteriorates further, people may be forced from their homes. 2 Knowing the severity of the problem, property owners within the proposed LTD came to the City to request sanitary sewers. The Engineering Department requested that a petition be circulated. A petition for sewers was received with sufficient signatures to proceed with the formation process. SUPPORT FOR LID Initially a larger LID boundary was proposed. However, following a property owner meeting, the Owners completed Questionnaires regarding their continued support for the LID. There was insufficient support for the entire LID, however, the majority of the supporters were grouped so that a revised boundary provided a reduced area with sufficient support. Within the proposed boundary, 25 out of 48 property owners (52 . 1%) requested that the City proceed with the LID formation, which is greater than the 40% required to allow the LID formation. BENEFIT TO PROPERTIES Generally speaking, for two otherwise identical properties, the one with sewer would have a higher value or potential sale price. There are several reasons for this. With sewer in place, the cost of the sewer installation has been addressed so the potential of a future expense of installing sewers has been eliminated. Another way of looking at it is the sewer is another improvement to the property which adds to the overall value, as would be the case with the addition of a room, a fireplace or paved driveway or any other improvement. Why is it an improvement or benefit if the property has a working septic system? The main consideration in this regard is the history of the general area. If numerous septic problems have occurred and numerous problems exist, it is more difficult to sell a property for a given price. With a history of problems, even though a given septic system is still functioning, there would be a concern over how much longer it will function. Also, problems at a particular location can cause sewage and the related odors to appear on another property which would be a deterrent to a sale. So even though a residence has a functioning septic system, the installation of sanitary sewer will boost or protect the property value and potential sale price particularly in an area such as the proposed LID area where numerous septic problems have occurred. GRAVITY SERVICE The entire LID area will be serviced on a gravity basis. Based on our preliminary review of the project area and the available information including topographic maps, it is anticipated that pumping will not be needed. For the worst cases noted the main floor of the houses are at road level to approximately 5 feet below. Basement floors are usually 8 to 10 feet below the floor 3 Knowing the severity of the problem, property owners within the proposed LID came to the City to request sanitary sewers. The Engineering Department requested that a petition be circulated. A petition for sewers was received with sufficient signatures to proceed with the formation process. SUPPORT FOR LID Initially a larger LID boundary was proposed. However, following a property owner meeting, the Owners completed Questionnaires regarding their continued support for the LID. There was insufficient support for the entire LID, however, the majority of the supporters were grouped so that a revised boundary provided a reduced area with sufficient support. Within the proposed boundary, 25 out of 48 property owners (52 . 1%) requested that the City proceed with the LID formation, which is greater than the 40% required to allow the LID formation. BENEFIT TO PROPERTIES Generally speaking, for two otherwise identical properties, the one with sewer would have a higher value or potential sale price. There are several reasons for this. With sewer in place, the cost of the sewer installation has been addressed so the potential of a future expense of installing sewers has been eliminated. Another way of looking at it is the sewer is another improvement to the property which adds to the overall value, as would be the case with the addition of a room, a fireplace or paved driveway or any other improvement. Why is it an improvement or benefit if the property has a working septic system? The main consideration in this regard is the history of the general area. If numerous septic problems have occurred and numerous problems exist, it is more difficult to sell a property for a given price. With a history of problems, even though a given septic system is still functioning, there would be a concern over how much longer it will function. Also, problems at a particular location can cause sewage and the related odors to appear on another property which would be a deterrent to a sale. So even though a residence has a functioning septic system, the installation of sanitary sewer will boost or protect the property value and potential sale price particularly in an area such as the proposed LID area where numerous septic problems have occurred. GRAVITY SERVICE The entire LID area will be serviced on a gravity basis. Based on our preliminary review of the project area and the available information including topographic maps, it is anticipated that pumping will not be needed. For the worst cases noted the main floor of the houses are at road level to approximately 5 feet below. Basement floors are usually 8 to 10 feet below the floor 3 SEPA The Planning Director has determined that this project is categorically exempt since the sewer pipe size is 8" or less. PROJECT SCHEDULE Property Owner Meeting August 30, 1990 Resolution by City Council March 5, 1991 Public Hearing April 2 , 1991 Passage of Formation Ordinance April 16, 1991 Ordinance in Effect May 16, 1991 Construction 1991 5 9 196TH ST t \ _ J SE 196TH W < 0 I = INDUSTRIAL AREA < I m a < > w N 14 < < ` SE I99TX101. R! » Tel I 23t1H AS e \� ti F ST `\ ) 3 200TN ST { S 200TN q ST N Sc TOOTH a ST I uW F .-A41F; ..•-. T I » 40 sr Tel R<I S 202n0 ST SPRINGIBROOK EMENTARY 1' YY c 1 !LSCHOOL YTE N 6 D I N SCHOOL S. 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LLz _.` o< Z y— 1 9� ;� �I `24 •/ •_ 4J I < � 1Y5�� I* Ow _•' I I !. 22\ l21 (20 ( I I \" as .,.,� / .� (• ._..I - �yl 1 - _. .. .. � 1147��. et i I5 316 LN=1J` i.� PROPOSED SANITARY — - -- — SEWER BY OTHERS I� I 4CIO I L, •,13�4 1-5},:_..1 16 \I�[... -IB' al _ ............. I : 1 rJO • i i . EXISTING SANITARY „... W 9 N (; SEWER L.I.D. BOUNDARY NOTES: CITY OF KENT I. THE•PROPOSED SEWER IS ONLY SHOWN TO DEFINE L.I.D. 338 THE LIMITS AND EXTENT OF PROJECT. ACTUAL LOCATION OF SEWER WITHIN ROADWAY WILL BE WESTVIEW TERRACEIMcCANN'S WESTVIEW DETERMINED DURING FINAL DESIGN STAGE, 2.ASTERISK (*) INDICATES,PROPERTY,OWNER SANITARY SEWER SIGNED PETITION. ' 3 RETURNED OUES•ONNAIRETES REO ESTENGPROPYTHENER CITY PROCEED 96TH AVE. S. ; 98TH AVE. S. ; WITH THE L.I.D. FORMATION. S. 216TH ST. AND S. 214TH ST. CONSENT CALENDAR 3 . City Council Action: l Councilmember � �'i moves, Councilmember � seconds that Consent Calendar Items A through G be roved. Discussion Action 3A Approval of Minutes. �v Approval of the minutes of the regular Council meeting of March 19, 1991. A �r 3B. Approval of Bills. ( Approval of payment of the bills received through April 1, 1991 after auditing by the Operations Committee at its meeting at 4 :45 p.m. on April 9, 1991. r�- Approval of checks issued for vouchers: Date Check Numbers Amount Approval of checks issued for payroll: Date Check Numbers Amount Council Agenpav Item No. 3 A-B i 4 Kent, Washington March 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, City Administrator Chow, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Finance Director McCarthy, Fire Chief Angelo, Acting Police Chief Byerly, Assistant City Administrator Hansen, Information Services Director Spang and Acting City Clerk Jacober. Personnel Director Olson and Parks Director Wilson were not in attendance. Approximately 50 people were at the meeting. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR Q be approved, with. the exception of Item 30 which was removed by Councilmember Dowell. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of March 5, 1991. HEALTH & (CONSENT CALENDAR - ITEM 3J) SANITATION Kent West Corporate Park. ACCEPTANCE of the bill of sale and warranty agreement submitted by Twenty Valley West Limits for continuous operation and maintenance of approximately 838 feet of water main extension, 1, 276 feet of sanitary sewer ex- tension, 920 feet of storm sewer improvements con- structed in the vicinity of 64th Avenue South and South 216th Street and release of cash bond after expiration of the one-year maintenance period. (CONSENT CALENDAR - ITEM 3K) Frazier Short Plat. ACCEPTANCE of the bill of sale and warranty agreement submitted by Litowitz Construction, Inc. for continuous operation and maintenance of approximately 363 feet of water main extension constructed in the vicinity of South 243rd Street and Military Road and release of cash bond after expiration of the one-year maintenance period. SEWERS (CONSENT CALENDAR - ITEM 3I) LID 339 - Hilltop Sanitary Sewer. ADOPTION of Re- solution 1274 setting April 16 as the date for a public hearing on the creation of LID 339, as recommended by the Public Works Committee. 1 March 19, 1991 UTILITIES (CONSENT CALENDAR - ITEM 30) (REMOVED BY COUNCILMEMBER DOWELL) Outside Sewer and Water Connections. ADOPTION of Resolution 1275 declaring a moratorium on the Ci- ty's extension of sewer and water services to pro- perty for development purposes located outside of incorporated limits. JOHNSON MOVED for adoption of Resolution 1275. White seconded. Dowell said he feels the City should continue to provide services while working with the County. He voiced concern regarding pub- lic safety and urged the Council not to pass the resolution. Johnson said the purpose of the reso- lution is to foster negotiations with the County about land use issues. Mann agreed with Dowell, and felt this resolution would be detrimental in negotiations with the County. Orr pointed out that this resolution would not stop development, since thousands of housing units have already been promised sewer and water. Fire Chief Angelo said that currently, if there is not an adequate water supply, development is denied by the County. Hou- ser pointed out that the resolution states that the City of Kent shall not accept new applications from any property owner for the extension of water and sewer outside the City for development, plat- ting, short platting and/or rezoning. She said this gives the City control until urban growth boundaries are determined. Angelo noted for Dowell that many pre-existing buildings do not have sufficient fire protection, and the City' s tanker is used in those cases. Orr pointed out that people with failing wells or septic systems could be granted water and sewer with this reso- lution in place because they are existing develop- ments. She answered for Dowell that this resolu- tion is not intended to stop growth, and that it is a temporary measure. White said that the Coun- cil has long recognized a problem with transporta- tion and yet has continued to extend utilities and add to the congestion outside the city limits. He said that the City has tried to work with the County and has gotten no response, and that these problems must be addressed. The motion to adopt Resolution 1275 carried with Dowell voting nay. 2 i 4 Kent, Washington March 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, City Administrator Chow, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Finance Director McCarthy, Fire Chief Angelo, Acting Police Chief Byerly, Assistant City Administrator Hansen, Information Services Director Spang and Acting City Clerk Jacober. Personnel Director Olson and Parks Director Wilson were not in attendance. Approximately 50 people were at the meeting. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR Q be approved, with. the exception of Item 30 which was removed by Councilmember Dowell . Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of March 5, 1991. HEALTH & (CONSENT CALENDAR - ITEM 3J) SANITATION Kent West Corporate Park. ACCEPTANCE of the bill of sale and warranty agreement submitted by Twenty Valley West Limits for continuous operation and maintenance of approximately 838 feet of water main extension, 1, 276 feet of sanitary sewer ex- tension, 920 feet of storm sewer improvements con- structed in the vicinity of 64th Avenue South and South 216th Street and release of cash bond after expiration of the one-year maintenance period. (CONSENT CALENDAR - ITEM 3K) Frazier Short Plat. ACCEPTANCE of the bill of sale and warranty agreement submitted by Litowitz Construction, Inc. for continuous operation and maintenance of approximately 363 feet of water main extension constructed in the vicinity of South 243rd Street and Military Road and release of cash bond after expiration of the one-year maintenance period. SEWERS (CONSENT CALENDAR - ITEM 3I) LID 339 - Hilltop Sanitary Sewer. ADOPTION of Re- solution 1274 setting April 16 as the date for a public hearing on the creation of LID 339, as recommended by the Public Works Committee. 1 March 19, 1991 PUBLIC (CONSENT CALENDAR - ITEM 3M) WORKS 1990 Asphalt Overlay. ACCEPTANCE as complete of the contract with M. A. Segale for the 1990 As- phalt Overlay Project and release of retainage after receipt of State releases. (CONSENT CALENDAR - ITEM 3N) Canyon Drive Landslide. ACCEPTANCE as complete of the contract with Scocolo Construction for the Canyon Drive Landslide repair at 94th and release of retainage after receipt of the State releases. (BIDS - ITEM 5B) Underground Storage Tank Removal and Aboveground Tank Replacement. Bid opening was held February 15 with six bids received. The low bid was sub- mitted by R. W. Scott in the amount of $54 , 084 .85. After review of the bids and the project funding, it was determined that in order to award the con- tract it would be necessary to transfer $31,400 from the West Hill Pumping and Distribution Pro- ject Fund (W42) and $5, 950 from the Riverview RV Park Sewer Project Fund (D52) . The Internal Bud- get Committee (IBC) has recommended approval of this transfer. WHITE MOVED that $31, 400 be transferred from the West Hill Pumping and Distribution Project Fund, $5,950 from the Riverview RV Park Sewer Fund and that the project be awarded to R. W. Scott for the bid amount of $54, 084 . 85. Orr seconded and the motion carried. SOLID (PUBLIC HEARINGS - ITEM 2A) WASTE Solid Waste Utility Settlement. This public hear- ing is designed to consider the terms of a pro- posed settlement between the City of Kent, R.S.T. Disposal Co. , Inc. , and Kent-Meridian Disposal Company over a lawsuit filed by Kent for declara- tory judgment seeking resolution of the issues re- garding the rights of the parties to provide dis- posal services in Kent. City Attorney Lubovich asked the Council to pass an ordinance authorizing him to negotiate settle- ment of the litigation between the parties. Steve DiJulio, Special Counsel, noted that the settle ment is as follows: 3 March 19, 1991 SOLID The City. of Kent would enter into contracts with WASTE Kent Disposal and Tri-Star for a period of 10• years. Residential services would be provided by Kent Disposal Service. Commercial service in the core of the city would be provided by Kent Dispos- al, and the remainder of the commercial areas of the city would be served by Tri-Star. The resi- dential recycling program would continue under the existing contract with Kent Disposal. The City will agree to allow the WUTC to continue their rate setting function with respect to commercial, the City will reserve its right to set rates with respect to residential service but may contract with the WUTC to provide residential rates. DiJulio noted that at the end of the 10-year peri- od, the City may continue to contract with either, both or none of the solid waste companies. The Mayor opened the public hearing. There were no comments from the audience and WHITE MOVED that the public hearing be closed. Woods seconded and the motion carried. . DiJulio noted for the Mayor that the ordinance specifically authorizes execu- tion of the settlement. He noted for Dowell that the agreement specifically continues the City' s authority to impose its utility tax or other fees for solid waste handling. WHITE MOVED for passage of Ordinance 2970 authori- zing the City Attorney to negotiate a settlement of pending litigation pursuant to terms similar to the proposed settlement agreement. Houser second- ed and the motion carried. TRAFFIC (CONSENT CALENDAR - ITEM 3L) CONTROL Frager Road Guardrail. ACCEPTANCE as complete of the contract with Peterson Brothers, Inc. for the installation of guardrail along Frager Road at various locations and release of retainage after receipt of State releases. (CONSENT CALENDAR - ITEM 3P) Traffic Mitigation. ADOPTION of Resolution 1276 which directs the Planning, Public Works and Law Departments to pursue the appeal process of King County Developments, which impact the City's transportation system. 4 March 19, 1991 ZONING (CONSENT CALENDAR - ITEM 3Q) CODE Downtown Plan. ADOPTION of Resolution 1277 which AMENDMENTS authorizes the Planning Commission to hear the proposed downtown plan amendments to the zoning map and zoning text in lieu of the Hearing Exam- iner. FINAL (OTHER BUSINESS - ITEM 4A) PLAT Garrison Creek II Final Plat SU-90-1. This meet- ing will consider the final plat for Garrison Creek II Final Plat No. SU-90-1. The property is approximately 4 . 6 acres in size and is located on the south side of So. 218th Street and abuts pro- posed 95th Place South. Planning Director Harris noted that this plat has been to the Hearing Examiner and the Council as a preliminary plat and that the conditions which were applied by the Council have been complied with. JOHNSON MOVED to approve the staff approval for Garrison Creek II Plat No. SU-90-1 with condi- tions which were approved May 1, 1990 by the Coun- cil. Woods seconded. Jim Flick, 9408 S. 218th, stated that he lives a- cross the street from this development, and that when manuevering their equipment, the contractor caused damage to his driveway. He noted that he had spoken with the contractor who consequently repaired the damage, but that the repair job is inadequate. ' He distributed photos of the drive- way to the Council. Public Works Director Wick- strom noted that although this damage is not in the plat, he would look into the matter. He pointed out that the contractor has put up a bond and must complete the project to City' s satisfac- tion before it is accepted. Houser asked to be kept informed of the action taken on this issue. The motion to approve the plat then carried. Dowell noted receipt of a letter from James Ely of the , LDS Church complimenting the people who work for the City of Kent and citing examples of prompt, caring and courteous work. DOWELL MOVED to make the letter a part of the record. White seconded and the motion carried. Orr noted re- ceipt of a letter from D. Eve Edens regarding the cutting of a tree on private property. MANN MOVED 5 March 19, 1991 FINAL that the letter be made part of the record. Woods PLAT seconded and the motion carried. Mann asked that the staff address the issue and report back to the Council. SUBDIVISION (OTHER BUSINESS - ITEM 4D) CODE Park Dedication and Plats. This meeting will con- sider the adoption of Ordinance 2975 which amends the City of Kent Subdivision Code. The Planning Commission recommends that the City require land dedication or fees in lieu of land dedication for parks and open space in residential subdivisions. Planning Manager Satterstrom noted that growth and development create a demand for recreational faci- lities, and that this ordinance would require a subdivider to set aside a part of the subdivision for parks and open space. Linda Martinez, Vice- Chair of the Planning Commission, spoke in favor of the ordinance. She noted that the City has been requiring park dedication as part of plats, and that this would formalize the practice. Martinez and Satterstrom noted for Dowell that they have not received any input from citizens re- garding this. Satterstrom explained that develop- ers have not balked at the dedication of the pro- perty, but have asked for a method whereby they can make a payment in lieu of the dedication of land. He noted that in the case of dedication of the land, the City would take over ownership and maintenance. He said a third option would be a homeowner' s association, in which case the proper- ty would be privately maintained. He noted for Dowell that the formula for payment is 150% of the assessed value prior to its platting. He also noted that the developer is responsible for bring- ing the property into a condition that is accepta- ble to the City, and then the City would accept it and maintain it. Dowell pointed out that since these would be public parks, that neighbors across the street from the development could use the park without contributing anything. Upon Dowell 's question about the constitutional aspect of taking property without compensation, Satterstrom noted that this requirement would not conflict with the just compensation clause. Dowell voiced concern that housing costs would go up to accommodate .for the 5% dedication. 6 March 19, 1991 SUBDIVISION WOODS MOVED to adopt Ordinance 2975 as recommended CODE by the Planning Commission requiring land dedica- tion or fees in lieu of land dedication for parks and open space in residential subdivisions. Hou- ser seconded. WHITE MOVED that action on this is- sue be deferred for two weeks and that the matter be referred to the Parks Committee. The motion died for lack of a second. Upon Mann' s question, Satterstrom noted that the City's liability is no greater than at any other park, and that most of the parks would be on East Hill. White noted that this item should have gone through the Parks Com- mittee and the Planning Committee before coming to Council. Dowell agreed and urged the Council not to pass the ordinance. He cited lack of public input, the cost of maintenance of the parks, the question of constitutionality on the taking of property, and the increased price of housing as reasons. Houser spoke in favor of the ordinance. Upon White' s question, Lubovich noted that the Le- gal Department is concerned that the formula is applied across the board without any consideration for multi-family versus single-family application, and that there is no criteria for determining when an impact or dedication is required. He noted that he does not feel it is unconstitutional . Mike Spence, Governmental Affairs ' Director and Le- gal Counsel for the Seattle/King County Associa- tion of Realtors, stated that he feels this is an unconstitutional taking of property. Orr pointed out that this ordinance is patterned after a King County ordinance. She also reiterated that the developer has three options, and that they have asked to be able to pay a fee in lieu of land de- dication. MANN MOVED to table this issue until the next Council meeting to allow time for more input. White seconded. The motion was defeated with only Mann, White and Dowell in favor. The motion to adopt Ordinance 2975 then carried with Orr, Houser, Woods and Johnson in favor and Mann, White and Dowell opposed. BUSINESS (OTHER BUSINESS - ITEM 4E) LICENSES Massage Parlor Licensing. Staff requests adoption of Ordinance 2976 exempting State licensed massage practitioners from having to obtain city permits but requiring those who run massage parlors or 7 March 19, 1991 BUSINESS public bathhouses to obtain a city business li- LICENSES cense. City Attorney Lubovich pointed out that this ordi- nance amends the current massage ordinance, which exempts certain types of facilities from the stringent registration requirements in the City. MANN MOVED for the adoption of Ordinance 2976 revising the regulations applicable to massage parlors and bathhouses. Houser seconded. Brenda Bohrer, 25320 Lake Fenwick Road South, Kent, stated that she is a licensed massage practition- er: She noted that massage is a health care service and that no other health care providers are subjected to background checks, fingerprint- ing, and communicable or sexually transmitted dis- ease testing. She noted that the proposed ordi- nance provides exemptions for licensed massage practitioners, while retaining regulations which give law enforcement personnel the tools needed to keep unlicensed people from abusing. the term "mas- sage" . She urged the Council to pass the ordi- nance. Mann' s motion to adopt Ordinance 2976 then carried. FRANCHISE (OTHER BUSINESS - ITEM 4C) Olympic Pipeline Franchise. The new franchise a- greement for Olympic Pipeline to operate and main- tain their existing pipeline in City rights-of-way is being presented for introduction and discus- sion. This new franchise agreement is for a peri- od of ten years, contains substantial clauses re- garding hazardous substances, requires notifica- tion to the City in the event of accidental re- lease or accidents, requires a risk assessment to ensure structural integrity, provides for recovery of the City' s administrative costs in processing this agreement and contains stringent indemnifica- tion and insurance requirements. Inasmuch as RCW 35A. 47 . 040 states that "No ordi- nance or resolution granting any franchise in a code city for any purpose shall be adopted or passed by the city's legislative body on a day of its introduction. . . ", this agreement will be brought back before the Council on April 2 for a- doption. 8 March 19, 1991 FRANCHISE City Attorney Lubovich noted that this is a renew- al franchise agreement. He noted that the pre- vious agreement was for 15 years, but that this one is for 10 years and includes some hazardous waste provisions, modified fees, and does not provide for expansion on the system. WHITE MOVED that the franchise agreement for Olympic Pipeline be brought back before the. Council on April 2 . Woods seconded and the motion carried. CABLE TV (CONSENT CALENDAR - ITEM 3C) Community Antenna Television Franchise Contract - Cable TV. AUTHORIZATION to enter into a contrac- tual relationship with 3-H Cable Communications Consultants to provide services outlined in con- tract to renew certain franchise ordinances with Tele-Communications, Inc. Finance Director McCarthy noted that the budget impact is $8, 653, and that those funds will be paid through cable franchising fees received by the City. (CONSENT CALENDAR - ITEM 3D) Community Antenna Television Franchise General Management Contract - Cable TV. AUTHORIZATION to enter into a contractual relationship with 3-H Ca- ble Communication Consultants to provide services outlined in contract, to inspect and analyze the technical operational effectiveness of the City' s present CATV franchise. CENTENNIAL (BIDS - ITEM 5A) CENTER Centennial Center Furnishings. The bid opening was held on February 22 with five bids received. The Bid Evaluation Committee unanimously recom- mends accepting the bid from Turnkey, the second lowest bidder, in the amount of $272 , 964 . 41. Assistant City Administrator Hansen noted the se- lection committee chose the second low bidder for the following reasons: 1. The Mywest Product is not of the quality the City is looking for. 9 March 19, 1991 . CENTENNIAL 2 . Drawer edges were PVC coated which does not CENTER hold up well over time. 3 . Panels did not meet minimum requirements for noise reduction. 4. Panels did not appear to be able to stand up to reconfiguration and heavy use and abuse over the long haul. Upon the Mayor's question, Charlie Lindsey noted that there was only one bid which totally met the specifications and it was the high bid. He said the committee felt the best compromise was to go with the bid which met most of the bid specifica- tions and was within the budget. Hansen noted for White that Change Order No. 66 is for seven mis- cellaneous items which were outstanding in comple- tion of the project. He noted that the doorknob issue has not yet been resolved with the Code En- forcement Division. Angelo explained for White that the doors lead to areas which the public could enter, and the codes require that they be equipped for the handicapped. He noted that this was missed in the final inspection. Upon the Mayor's question, Hansen noted that the situation had been explained to Interior Woods who is satis- fied with the results, and that Mywest had been told they were not being recommended and they did not question it. Dowell questioned whether all of these furnishings are removable, so that at the end of the lease they would not be left in the building. Hansen responded that they are all removable. HOUSER MOVED that the bid submitted by Turnkey in the amount of $272 , 964 . 41 be accepted. Mann sec- onded. White noted that the building owner should be furnishing the doorknobs in light of the fact that the City is paying premium rates for the of- fice space. The motion carried with White voting nay. POLICE (CONSENT CALENDAR - ITEM 3E) Possession of Marijuana. ADOPTION of Ordinance 2971 relating to possession of marijuana, amending Ordinance 1787 . City Attorney Lubovich pointed 10 March 19 , 1991 POLICE out .that in Section 1 the ordinance says "Kent City Code 9 . 12. 22 is amended as follows" , and that it should state "Kent City Code 9 . 12 . 22 is adop- ted as follows" . (CONSENT CALENDAR - ITEM 3F) Hindering Law Enforcement. ADOPTION of Ordinance 2972 prohibiting hindering law enforcement officer by hiding a suspect or warning him. (CONSENT CALENDAR - ITEM 3G) Obstructinq Public Officer. ADOPTION of Ordinance 2973 amending Ordinance 1960 relating to obstruc- ting public officers. (CONSENT CALENDAR - ITEM 3H) Liability Insurance Proof. ADOPTION of Ordinance 2974 relating to proof of liability insurance, in- surance identification card and falsification of identification card. This has not yet been incor- porated into the Model Traffic Ordinance, and therefore requires emergency adoption. PARKS & (OTHER BUSINESS - ITEM 4B) RECREATION Cultural Plan/Cultural Center Feasibility Study Consultant Contract. Staff requests acceptance .of a $35, 000 contract between City of Kent and ArtSoft Management Services, a division of Hill Arts and Entertainment Systems, Inc. , for a Cul- tural Plan and Cultural Center Feasibility Study. Patrice Thorell of the Parks Department noted that the Feasibility Study is comprised of three phases: Phase I - Comprehensive Community Cultur- al Arts Plan, Phase II - Cultural Center Facility Development Program, and Phase III - Cultural Cen- ter Financial Feasibility Analysis. She noted that there will be many opportunities for public input, and urged the Council to accept the con- tract. WOODS MOVED for acceptance of a contract between City of Kent and ArtSoft Management Ser- vices for a Cultural Plan and Cultural Center Fea- sibility Study. White seconded and the motion carried. (BIDS - ITEM 5C) Russell Road Softball Field Lightinct. Bid opening was held March 12 , 1991 with five bids received. 11 March 19, 1991 PARKS & The low bid was submitted by Service Electric Com- RECREATION pany, Inc. of Woodinville, WA. in the amount of $77,777. 00. After review of the bids and the pro- ject funding, it was determined that in order to award the base bid contract, it would be necessary to reallocate $12, 500. 00 in the Parks Maintenance budget to cover project costs. The only alterna- tive is to reject the bids and readvertise the project which would delay the project until fall . Helen Wickstrom .of the Parks Department urged the Council to award the bid to Service Electric, noting a tight time schedule on the ballfield. She noted for Dowell that funds in the Parks Main- tenance Budget could be reallocated to the pro- ject, and that change orders could reduce the to- tal amount. DOWELL MOVED to accept the bid of Service Electric Company, Inc. in the amount of $77 ,777 . 00 plus tax, with project costs being allocated from ap- proved C. I.P. and Parks Maintenance budgets. White seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through March 15, 1991 after au- diting by the Operations Committee at its meeting' at 4 :45 p.m. on March 26, 1991. Approval of checks issued for vouchers: Date Check Numbers Amount 3/28-3/14/91 102541-102595 $ 719, 940. 81 3/15/91 102596-103065 1 , 297 , 416 . 64 $2 , 017 , 357.45 Approval of checks issued for payroll : Date Check Numbers Amount 3/20/91 1152070-1152778 $ 615, 932 . 17 REPORTS Council President. Woods asked the cooperation of department heads and Councilmembers to minimize the same-day items that are appearing on the agen- da. She noted that items coming out of committee 12 March 19, 1991 REPORTS to Councilmembers should wait the additional two- week period, and should come to Council on the same day only in cases of emergency. Public Works Committee. White noted he had at- tended the National League of Cities Conference in Washington, D.C. and had heard a presentation on the proposed reallocation of funds from the Feder- al Gas Tax, which in Washington would come through DOT. He also noted that he had been a guest at a reception in the Vice-President' s Office. Parks Committee. Dowell noted that the Parks Com- mittee will meet Wednesday, March 20, at 4 : 00 p.m. in the Council Chambers - East. Administrative Reports. City Administrator Chow noted that a report has been prepared regarding the S. 252nd Right-of-Way brought up by Bob Brown at the last Council meeting. Public Works Direc- tor Wickstrom noted that they had reviewed the trees in the area and had directed the City of Seattle to remove the cottonwood trees. He said the other trees are small and not dangerous. Mann noted that he has spoken to Mr. Brown and that the trees have been removed. Police Captain Chuck Miller noted that Mr. Brown was concerned with the number of parking citations issued in the area. He said the Police Department had received a com- plaint on February 14 and when officers responded they saw vehicles with flat tires and expired plates which had obviously been parked there for a long time. They issued parking citations for the expired plates and parking violations, and issued warnings giving the residents 3 days to remove the. vehicles, which they did. Houser thanked the Po- lice Department for the memo outlining exactly what they had done. ADJOURNMENT The meeting adjourned at 9 : 10 p.m. ui h_�X Brenda Jac e CMC Acting Cit erk 13 1 ll +t Kent City Council Meeting Date April 2 1991 Category Consent Calendar 1. SUBJECT: GOLF CART ACQUISITION 2. SUMMARY STATEMENT: Authorization to acquire 21 power golf carts in lieu of leasing. On February 19, 1991, the City Council authorized the Park Department to lease an additional 21 power golf carts. In reviewing the lease agreement the Law Department noted that substantial financial disclosures, similar to that required for bond issues, was required by the Lessor. In addition, it was determined that the lease interest rate was approximately 10 percent as compared to current interfund interest rate of 6.9 percent. Based on this, the Park Department recommendkhg the direct acquisition of these 21 power carts in lieu of leasing. The additional expenditures required for the out right purchase will come from projected golf course revenues that are currently exceeding the estimate. 3 . EXHIBITS: Fiscal note, plus prjlor minutes ''i/; 4 . RECOMMENDED BY: Parks Committee Operations Committee and the IBC (Committee, Staff, Examir(er, Commission, etc. ) Ji 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X FISCAL/PERSONNEL NOTE:/ Recommended Not Recommended J . 6. EXPENDITURE RE UIRE $41, 85 SOURCE OF FUNDS: A itional golf com lex revenues 7. CITY COUNCIL ACTJON: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3C MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- ject: GOLF CART - FISCAL NOTE - WITH 3/20/91 AMENDMENT Creator: Tony MCCARTHY / KENT70/FN Dated: 03/20/91 at 1508 . THE PARKS DEPARTMENT IS PROPOSING THE LEASING OF 21 ADDITIONAL GOLF CARTS TO BRING THE TOTAL GOLF CART FLEET TO 50. THE LEASE WOULD COST THE CITY APPROXIMATELY $27, 000 IN 1991 AND SHOULD, ACCORDING TO THE PARK DEPARTMENT ESTIMATES, GENERATE APPROXIMATELY $54, 000 IN INCOME. CURRENTLY ON MOST WEEKENDS EVEN IN JANUARY, ALL CARTS ARE RENTED OUT AND FOR MANY TOURNAMENTS, THE CITY LOOSES SUBSTANTIAL CART RENTAL INCOME. AT RENTAL RATES OF $18 PER ROUND, 125 ADDITIONAL RENTALS A MONTH ARE NEEDED TO BREAKEVEN. SINCE THE PARK DEPARTMENT ANTICIPATES AN ADDITIONAL 250 RENTALS A MONTH AND THESE RENTAL WILL GENERATE AN ADDITIONAL MONTHLY PROFIT AFTER EXPENSES OF $3 , 000, THE IBC APPROVES THE REQUEST. THE APPROVAL ADDS $54, 432 TO THE GOLF REVENUE BUDGET AND $27 , 410 TO THE GOLF EXPENDITURE BUDGET WITH THE $27, 022 PROFIT BEING USED TO HELP OFFSET OTHER GOLF COMPLEX EXPENSES . THE APPROVAL ASSUMES THAT THE NUMBERS SUBMITTED BY THE PARK DEPARTMENT REPRESENT THE TOTAL REVENUE PICTURE AND THAT THERE WILL BE NO OTHER EXPENDITURES ASSOCIATED WITH THIS ACQUISITION. IN PARTICULAR, THIS REQUEST WILL NOT HAVE A STAFFING IMPACT. AMENDMENT OF 3/20/91 A REVIEW OF THE LEASE AGREEMENT BY THE LAW DEPARTMENT REVEALED A LEASE INTEREST RATE OF 10% AND REQUIRED LEGAL OPINIONS SIMILIAR TO THAT REQUIRED ON A CITY r-ND ISSUE. BECAUSE OF THESE COMPLEXITIES AND THE HIGH INTEREST RATE (OUR �., RENT LINE OF CREDIT INTEREST RATE CHARGED TO THE GOLF COMPLEX IS 6. 90) , THE PARKS DEPARTMENT'S REVISED REQUEST IS AN OUTRIGHT PURCHASE. THE PREVIOUSLY APPROVED AUTHORIZATION IS FOR $27, 410 IN LEASE EXPENSE FOR 3 YEARS. ACQUISITION COST IS $69 , 195 REQUIRING AN ADDITIONAL 1991 BUDGET OF $41,785. REVENUE PROJECTIONS THROUGH FEBRUARY SHOW THAT ADDITIONAL FUNDS ARE PROJECTED TO BE AVAILABLE. BASED ON INTEREST SAVINGS, REDUCED LEGAL PROCESSING AND IMPROVED REVENUE PROJECTIONS, THE IBC RECOMMENDS ACQUISITION IN LIEU OF LEASING. GOLF COURSE REVENUE e�aa.e e0 > Aaual 80% 70 eo% SOX a0 GOLF COURSE REVENUE 30 ACTUAL S 240,415 BUDGET 2,957,711 20%- EST ACT 3,205,530 10% PROJ VAR •247,819 OIA JAN FED MAR APR MAY JUN JUL AUG SEP OCT NOV DEC OF YEAR 8.3% 16.7% 25.0% 33.3% 41.7X 50.0% 58.3% 66.7/. 75.0% 83.3% 91.T/. 100.0% BUDGET 2.8% 7.5% 15.8% 25.4% 36.6% 50.3% 63.9% 78.8% 89.1% 94.9% 97.9% 100.0% ACTUAL 2.8% 8.1% EST ACT 101.3% 108.4% 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 fora 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 �or .Riverbend Golf Complex to lease an additional twenty-one power golf carts from C 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 t f�n� Kent City Council Meeting Date April 2 . 1991 N Category Consent Calendar 1. SUBJECT: STREET UTILITY STAFFING 2 . s _ As recommended by the Public Works Committee and approved by Operations Committee, IBC and IPC,.__� authorization to establish a budget for the street utility in the amount of $101, 689 to include the addition of a new position of Civil Engineer II and to reclassify one of the 1991 approved positions from an Engineering Tech II to an Engineering Tech III and to fill that position as well as a part-time Office Tech position also in the 1991 approved budget, 3 . EXHIBITS: Excerpt from Public Works Committee minutes, fiscal note and TIB letters 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL PERSO L IMPACT: 1' NO YES _ FISCAL/PERSONNEL NOTE: ,Recommended ZA11k Not Recommended 7 6. EXPENDITURE REQUIRED: $ Y�\ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3D✓ PUBLIC WORKS COMMITTEE MARCH 5, 1991 PAGE 3 unanimously recommended approval to proceed with condemnation if negotiations for right of way are unsuccessful. Olympic Pipeline Franchise Gill explained that Public Works and the Attorney's office have been working on a new franchise ordinance for Olympic Pipeline as their old franchise has expired. Morris explained that she has added substantial clauses regarding hazardous substances, notification, spills, and cleanup. She noted that Don Wickstrom wanted to require a risk assessment of the pipeline system before approving the franchise in order to determine the current structural integrity of the system. The indemnification and insurance sections have been strengthened considerably. They are required to notify the Public Works Department and the Fire Department in case of accidental release or accidents relating to the pipeline. The franchise fee has been increased to $3 . 00 per lineal foot of pipeline. Olympic Pipeline has reviewed the ordinance and is in agreement. Morris added this is a 10-year franchise as opposed to the old one which was 15 years and it does not allow them to construct any new lines under this franchise. The Committee unanimously recommended approval of the franchise. Street Utility Gill explained this is a continuance of the issues brought before the Committee earlier. We are requesting to establish the corridor funds to capture the available revenue, establish project budgets and authorize the staffing requirements. IBC and IPC have reviewed these requests and it is their recommendation to fill the clerical and Engineering Technician position as approved in the 1991 budget and to authorize one new engineer position. Personnel is to evaluate the Tech and Engineer position to determine the appropriate level. The rationale of upgrading the Engineer position is to be able to use that position to manage contractual engineers. McCarthy clarified that the Committee should make a recommendation as to the hiring of these positions. The Committee unanimously recommended approval of the IBC/IPC recommendation to proceed with hiring of the Office Technician and Engineering Technician positions as approved in the 1991 budget review of the Technician position to determine appropriate level based upon job responsibilities and to add an Engineer position at a level to be determined after review of job responsibilities. SIEGEL,KAREN / KENT70/PW - HPDesk print. ---------------------------------------- Message. Dated: 03/22/91 at 1440. Subject: STREET UTILITY STAFFING - FISCAL NOTE Sender: Tony MCCARTHY / KENT70/FN Contents: 3. TO: Karen SIEGEL / KENT70/PW Part 1 . TO: Paul SCOTT / KENT70/PW Karen SIEGEL / KENT70/PW Don WICKSTROM / KENT70/PW Part 2. THE REVISED FISCAL- NOTE FOR THE STREET UTILITY. MY RECOMMENDED MOTION WOULD BE " . . THE ESTABLISHMENT OF A BUDGET FOR THE STREET UTILITY FROM THE UNENCUMBERED FUNDS OF THE STREET FUND IN THE SUM OF $101,689 AS RECOMMENDED BY THE IBC. THE BUDGET WOULD INCLUDE i NEW POSITION AND 2 CURRENTLY VACANT GENERAL FUND POSITIONS. CONTINUED FUNDING WOULD COME FROM INCREASED FUEL TAX RECEIPTS, MOTOR VEHICLE REGISTRATION FEES, AND FUTURE STREET UTILITY REVENUE. Part 3. THE PUBLIC WORKS DEPARTMENT IS REQUESTING AUTHORIZATION TO ESTABLISH A STREET UTILITY BUDGET BASED ON COUNCIL ACTION OF FEBRUARY 5, 1991 DENOTING INTENT TO CREATE A STREET UTILITY. IN ORDER TO SECURE GRANTS AND MOVE THE PROJECTS TOWARD IMPLEMENTATION THEY FEEL IT IS NECESSARY TO IMMEDIATELY HIRE AN ENGINEER II, AND ENGINEERING TECH III AND INCREASE AN OFFICE TECH II FROM PARTTIME TO FULLTIME. THEY NOTE THAT THE COST OF THESE POSITIONS WOULD BE CHARGED TO THE VARIOUS. STREET PROJECTS. THE FULL YEAR COST OF THESE POSITIONS IS ESTIMATED TO $1357585. BASED ON COUNCIL ACTION BUT CONSIDERING THE CITY'S CURRENT FISCAL CONDITION, THE IPC AND IBC RECOMMEND AN ALTERNATIVE. THE ALTERNATIVE WOULD BE TO FILL A CURRENTLY VACANT ENGINEERING TECH AND PARTTIME CLERICAL POSITION, AUTHORIZING ONE NEW ENGINEER POSITION. THE JOB DESCRIPTION AND FUNCTIONS OF THE POSITION WILL BE REVIEWED WITH PERSONNEL TO INSURE THAT THE CITY GET A MANAGEMENT TYPE ENGINEER CAPABLE OF MANAGING CONTRACTUAL ENGINEERS NEEDED FOR PROJECT IMPLIMENTATION. THE POSITIONS WOULD BE CHARGED TO THE STREET UTILITY WHICH HAS 1991 EXCESS FUEL TAX AND MOTOR VEHICLE REGISTRATION FEES. TO IMPLEMENT THIS ACTION A BUDGET WOULD BE ESTABLISHED IN THE EXISTING STREET FUND AT $101,689 FOR THE PERIOD APRIL 1ST THROUGH DECEMBER 31, 1991 . DURING 1991 THE STREET FUND AND THE STREET CAPITAL PROJECTS FUND WOULD BE COMBINED TO FORM THE STREET UTILITY. THIS ACTION WOULD IMPLEMENT A TOP COUNCIL PRIORITY WHILE SAVING GENERAL FUND MONEY. THIS MAY FORCE OTHER PROJECTS TO BE SLOWED DOWN. THE IMPACTS OF THIS WILL NEED TO BE REVIEWED WITH THE PUBLIC WORKS COMMITTEE IN THE MONTHS TO COME. NOW State of Washington ri,lTransportation Improvement Board Transportation Building KF-01 Olympia, Washington 98504 CITY OF KENT l (206)753-7198 SCAN 234-7198 MAR 18 1991 ENGINEERING DEPT. March 15, 1991 Mr. Don Wickstrom, P.E. Public Works Director City of Kent 220 - 4th Avenue South Kent, WA 98032-5895 Transportation Improvement Project TIB No. 9P-106(001)-1 192/196/200 St Corridor W Valley Hwy to E Valley Hwy City of Kent Dear Mr. Wickstrom: On January 18, 1991, the Transportation Improvement Board (TIB) adopted the attached TIB policy regarding the deadline for Transportation Improvement Account (TIA) prospectus submittal. The- above referenced project was selected for funding on March 23, 1990. The Board adopted a ten month limit for prospectus submittal. Therefore, a prospectus or a written explanation for your delay must be submitted to the TIB office by Anril 12, 1991. If you have any questions, please feel free to call me at (206)586-6262. Sincerely, Charles E. Gibson TIA Program Engineer CEG.js Enclosure cc: Don Hoffman TIB POLICY ON DEADLINE FOR TIA PROSPECTUS SUBMITTAL The Legislature requires the Board to allocate funds to projects prior to July 1st of each year. In order to accurately determine the amount of funds required for previously approved projects and to determine the amount of funds available for new project starts, the following policy is established. (1) On projects the Board has selected for funding from the Transportation Improvement Account, the lead agency shall submit a prospectus for project approval within 10 months from the date the Board offered funding or if unable to do so, submit a written report to the Board within 30 days explaining why the funding request must be delayed. (2) For projects that are nearing the 10 month limit for initial prospectus submittal, the Executive Director will contact the agency in writing to ` / u determine when the agency plans to request prospectus approval. The Executive Director will analyze the agency's response and their past performance and may recommend to the Board that the offer for project funding be withdrawn. (3) For projects or stages of projects that have received initial funding and the development of that portion of the project appears to be progressing at an inapproptiate rate, the Executive Director shall request the lead agency to provide an explanation for the apparent delay in project development. If the response from the lead agency reveals that the project is unjustifiably delayed, the Executive Director may recommend to the Board that the funding for this project or stage of project be withdrawn. (4) When the Board reviews a priority array to offer funding for new projects, the Board will consider the local agency's past performance on projects and may withhold an offer of funding for the project if in the Board's opinion, the agency's performance on a previously authorized project is unacceptable. (5) In no case will a projects funding or offer for funding be withdrawn without the agency having an opportunity to appeal to the Board. State of Washington Transportation Improvement Board Transportation Building XF-01 Olympia, Washington 98504 (206)753-7198 SCAN 234-7198 March 15, 1991 Mr. Don Wickstrom, P.E. Public Works Director City of Kent 220 - 4th Avenue South Kent, WA 98032-5895 Transportation Improvement Project TIB No. 9P-106(002)-1 192/196/200 Streets Orillia Road to West Valley Hwy City of Kent Dear Mr. Wickstrom: On January 18, 1991, the Transportation Improvement Board (TIB) adopted the attached TIB policy regarding the deadline for Transportation Improvement Account (TIA) prospectus submittal. The above referenced project was selected for funding on March 23, 1990. The Board adopted a ten month limit for prospectus submittal. Therefore, a prospectus or a written explanation for your delay must be submitted to the TIB office by April 12, 1991. If you have any questions, please feel free to call me at (206)586-6262. Sincerely, C �A �— Charles E. Gibson TIA Program Engineer CEG:js Enclosure cc: Don Hoffman TIB POLICY ON DEADLINE FOR TIA PROSPECTUS SUBMITTAL The Legislature requires the Board to allocate funds to projects prior to July 1st of each year. In order to accurately determine the amount of funds required for previously approved projects and to determine the amount of funds available for new project starts, the following policy is established. (1) On projects the Board has selected for funding from the Transportation Improvement Account, the lead agency shall submit a prospectus for project approval within 10 months from the date the Board offered funding or if unable to do so, submit a written report to the Board within 30 days explaining why the funding request must be delayed. (2) For projects that are nearing the 10 month limit for initial prospectus submittal, the Executive Director will contact the agency in writing to determine when the agency plans to request prospectus approval. The Executive Director will analyze the agency's response and their past performance and may recommend to the Board that the offer for project funding be withdrawn. (3) For projects or stages of projects that have received initial funding and the development of that portion of the project appears to be progressing at an inappropriate rate, the Executive Director shall request the lead agency to provide an explanation for the apparent delay in project development. If the response from the lead agency reveals that the project is unjustifiably delayed, the Executive Director may recommend to the Board that the funding for this project or stage of project be withdrawn. (4) When the Board reviews a priority array to offer funding for new projects, the Board will consider the local agency's past performance on projects and may withhold an offer of funding for the project if in the Board's opinion, the agency's performance on a previously authorized project is unacceptable. (5) In no case will a projects funding or offer for funding be withdrawn without the agency having an opportunity to appeal to the Board. State of Washington ri,ll Transportation Improvement Board Transportation Building KF-01 Olympia, Washington 98504 (206)753-7198 SCAN 234-7198 March 15, 1991 Mr. Don Wickstrom, P.E. Public Works Director City of Kent 220 - 4th Avenue South Kent, WA 98032-5895 Transportation Improvement Project TIB No. 9P-106(003)-1 272nd/277th Streets Auburn Way North to Kent-Kangley Road City of Kent Dear Mr. Wickstrom: On January 18, 1991, the Transportation Improvement Board (TIB) adopted the attached TIB policy regarding the deadline for _Transportation Improvement Account (TIA) prospectus submittal. The above referenced project was selected for funding on March 23, 1990. The Board adopted a ten month limit for prospectus submittal. Therefore, a prospectus or a written explanation for your delay must be submitted to the TIB office by April 12, 1991. If you have any questions, please feel free to call me at (206)586-6262. Sincerely, Charles E. Gibson TIA Program Engineer CEG:js Enclosure cc: Don Hoffman TIB POLICY ON DEADLINE FOR TIA PROSPECTUS SUBMITTAL The Legislature requires the Board to allocate funds to projects prior to July 1st of each year. In order to accurately determine the amount of funds required for previously approved projects and to determine the amount of funds available for new project starts, the following policy is established. (1) On projects the Board has selected for funding from the Transportation Improvement Account, the lead agency shall submit a prospectus for project approval within 10 months from the date the Board offered funding or if unable to do so, submit a written report to the Board within 30 days explaining why the funding request must be delayed. (2) For projects that are nearing the 10 month limit for initial prospectus submittal, the Executive Director will contact the agency in writing to determine when the agency plans to request prospectus approval. The Executive Director will analyze the agency's response and their past performance and may recommend to the Board that the offer for project funding be withdrawn. (3) For projects or stages of projects that have received initial funding and the development of that portion of the project appears to be progressing at an inappropriate rate, the Executive Director shall request the lead agency to provide an explanation for the apparent delay in project development. If the response from the lead agency reveals that the project is unjustifiably delayed, the Executive Director may recommend to the Board that the funding for this project or stage of project be withdrawn. (4) When the Board reviews a priority array to offer funding for new projects, the Board will consider the local agency's past performance on projects and may withhold an offer of funding for the project if in the Board's opinion, the agency's performance on a previously authorized project is unacceptable. (5) In no case will a projects funding or offer for funding be withdrawn without the agency having an opportunity to appeal to the Board. State of Washington ripTransportation Improvement Board , Transportation Building KF-01 Olympia, Washington 98504 (208)753-7198 SCAN 234-7198 March 15, 1991 Mr. Don Wickstrom, P.E. Public Works Director City of Kent 220 - 4th Avenue South Kent, WA 98032-5895 Transportation Improvement Project TIB No. 9P-106(004)-1 Kent/Des Moines Park and Ride City of Kent Dear Mr. Wickstrom: On January 18, 1991, the Transportation Improvement Board (TIB) adopted the attached TIB policy regarding the deadline for Transportation Improvement Account (TIA) prospectus submittal. The above referenced project was selected for funding on March 23, 1990. The Board adopted a ten month limit for prospectus submittal. Therefore, a prospectus or a written explanation for your delay must be submitted to the TIB office by April 12, 1991. If you have any questions, please feel free to call me at (206)586-6262. Sincerely, 'A Charles E. Gibson TIA Program Engineer CEG:js Enclosure cc: Don Hoffman TIB POLICY ON DEADLINE FOR TIA PROSPECTUS SUBMITTAL The Legislature requires the Board to allocate funds to projects prior to July 1st of each year. In order to accurately determine the amount of funds required for previously approved projects and to determine the amount of funds available for new project starts, the following policy is established. (1) On projects the Board has selected for funding from the Transportation Improvement Account, the lead agency shall submit a prospectus for project approval within 10 months from the date the Board offered funding or if unable to do so, submit a written report to the Board within 30 days explaining why the funding request must be delayed. (2) For projects that are nearing the 10 month limit for initial prospectus submittal, the Executive Director will contact the agency in writing to determine when the agency plans to request prospectus approval. The Executive Director will analyze the agency's response and their past performance and may recommend to the Board that the offer for project funding be withdrawn. (3) For projects or stages of projects that have received initial funding and the development of that portion of the project appears to be progressing at an inappropriate rate, the Executive Director shall request the lead agency to provide an explanation for the apparent delay in project development. If the response from the lead agency reveals that the project is unjustifiably delayed, the Executive Director may recommend to the Board that the funding for this project or stage of project be withdrawn. (4) When the Board reviews a priority array to offer funding for new projects, the Board will consider the local agency's past performance on projects and may withhold an offer of funding for the project if in the Board's, opinion, the agency's performance on a previously authorized project is unacceptable. (5) In no case will a projects funding or offer for funding be withdrawn without the agency having an opportunity to appeal to the Board. MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- ckage. Dated: 03/22/91 at 1437 . .'ubject: STREET UTILITY STAFFING - FISCAL NOTE Creator: Tony MCCARTHY / KENT70/FN Contents: 2 . Part 1. THE REVISED FISCAL NOTE FOR THE STREET UTILITY. MY RECOMMENDED MOTION WOULD BE " . . . THE ESTABLISHMENT OF A BUDGET FOR THE STREET UTILITY FROM THE UNENCUMBERED FUNDS OF THE STREET FUND IN THE SUM OF $101, 689 AS RECOMMENDED BY THE IBC. THE BUDGET WOULD INCLUDE 1 NEW POSITION AND 2 CURRENTLY VACANT GENERAL FUND POSITIONS. CONTINUED FUNDING WOULD COME FROM INCREASED FUEL TAX RECEIPTS, MOTOR VEHICLE REGISTRATION FEES, AND FUTURE STREET UTILITY REVENUE. Part 2 . THE PUBLIC WORKS DEPARTMENT IS REQUESTING AUTHORIZATION TO ESTABLISH A STREET UTILITY BUDGET BASED ON COUNCIL ACTION OF FEBRUARY 51 1991 DENOTING INTENT TO CREATE A STREET UTILITY. IN ORDER TO SECURE GRANTS AND MOVE THE PROJECTS TOWARD IMPLEMENTATION THEY FEEL IT IS NECESSARY TO IMMEDIATELY HIRE AN ENGINEER II, AND ENGINEERING TECH III AND INCREASE AN OFFICE TECH II FROM PARTTIME TO FULLTIME. THEY NOTE THAT THE COST OF THESE POSITIONS WOULD BE CHARGED TO THE VARIOUS STREET PROJECTS. THE FULL YEAR COST OF THESE POSITIONS IS ESTIMATED TO $135, 585. ^IkSED ON COUNCIL ACTION BUT CONSIDERING THE CITY'S CURRENT FISCAL CONDITION, ,,.E IPC AND IBC RECOMMEND AN ALTERNATIVE. THE ALTERNATIVE WOULD BE TO FILL A CURRENTLY VACANT ENGINEERING TECH AND PARTTIME CLERICAL POSITION, AUTHORIZING ONE NEW ENGINEER POSITION. THE JOB DESCRIPTION AND FUNCTIONS OF THE POSITION WILL BE REVIEWED WITH PERSONNEL TO INSURE THAT THE CITY GET A MANAGEMENT TYPE ENGINEER CAPABLE OF MANAGING CONTRACTUAL ENGINEERS NEEDED FOR PROJECT IMPLEMENTATION. THE POSITIONS WOULD BE CHARGED TO THE STREET UTILITY WHICH HAS 1991 EXCESS FUEL TAX AND MOTOR VEHICLE REGISTRATION FEES. TO IMPLEMENT THIS ACTION A BUDGET WOULD BE ESTABLISHED IN THE EXISTING STREET FUND AT $101, 689 FOR THE PERIOD APRIL 1ST THROUGH DECEMBER 31, 1991. DURING 1991 THE STREET FUND AND THE STREET CAPITAL PROJECTS FUND WOULD BE COMBINED TO FORM THE STREET UTILITY. THIS ACTION WOULD IMPLEMENT A TOP COUNCIL PRIORITY WHILE SAVING GENERAL FUND MONEY. THIS MAY FORCE OTHER PROJECTS TO BE SLOWED DOWN. THE IMPACTS OF THIS WILL NEED TO BE REVIEWED WITH THE PUBLIC WORKS COMMITTEE IN THE MONTHS TO COME. V� Kent City Council Meeting Date April 2 . 1991 Category Consent Calendar 1. SUBJECT: SEWER 6E R ALIT-- FEDERAL WAY SEWER DISTRICT 2 . SUI�ARY STA As recommended by_ .the Public Works . Committee, uthorization for the Mayor to sign the sewer service reel�ent o allow Federal Way to provide sewer service to property in the vicinity of 272nd and 42nd Avenue South. - 3 . EXHIBITS: Agreement and excerpt from Public Works Committee minutes 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO >� YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3E Public Works Committee - January 15, 1991 Page 3 concerns they had. The City would pay for the costs of relocating those fences and the property owner would be responsible for removing any landscaping they may have placed in the right of way. Heydon indicated the only work the City has done to date has been to clean it up, take out some of the brush, and install a catch basin to eliminate a place where people would trip. Responding to White's inquiry, Roger Lubovich indicated he felt that the City does have the right to maintain the area as a walkway. As to the fences, the City is only relocating the existing fences along the property lines. The height of the fence is probably a private covenant and a matter between the property owners. Leona Orr reiterated her concern about setting a precedent of moving the fences for private citizens. Mrs. Roemmich stated that what they wanted in the first place was to close the walkway but that the City staff has been very nice and cooperative in working with her. Dowell moved that a recommendation be made to the Council as a whole that the action taken be reconsidered and that the Public Works and Legal Departments meet with the property owners to determine a solution to this problem. White asked that staff then come back to the Committee with some alternatives. The Committee unanimously approved the motion. LEFT TURN - REITH AND SR 516 Ed White stated the issue of left turns backing up the traffic is probably not valid at this time. Recent traffic counts indicate that only 8% of the total traffic were making left hand turns. This equates to 85 vehicles turning left, 723 going through and 196 turning right. Eight percent does not justify modifying the signal to include a left turn phase. The cost for that would be approximately $50, 000. Signal timing changes have been investigated and the State will be requested to make these. City funds have been approved in the 1991 budget to add a right turn lane channelization. These two modifications should eliminate the left turn backups. White stated he has observed that when traffic backs up at this intersection it is usually doing so in all directions which would indicate that volume is the primary reason. White stated he would recommend that staff contact the State to extend the cycle length for that phase of the signal. Dowell moved that staff continue to work on the timing with the State and to pursue additional. funding for the right turn lane. The Committee unanimously approved. SEWER FRANCHISE- FEDERAL WAY WATER AND SEWER DISTRICT Wickstrom explained that Federal Way Water and Sewer District can provide gravity sewer service to property in the vicinity of 272nd Public Works Committee i January 15, 1991 Page 4 and 42nd Avenue South. The City can only provide sewer service to this property by pump and it is not financially feasible to do that. In order for Federal Way Water and Sewer District to service the property, they are requesting a franchise agreement be, developed and signed by both cities. The Committee unanimously recommended the franchise agreement be developed allowing Federal Way Water and Sewer District to provide sewer service to the property in the vicinity of 272nd and 42nd Avenue South and that the Mayor be authorized to sign same. UTILITY CONSTRUCTION AGREEMENT SR 516 160TH AVENUE S .E. TO S .E. WAX ROAD Wickstrom stated that the State will be improving Kent Kangley (SR 516) in the Covington area between Wax Road and 160th. The City' s Kent Springs Transmission Main lies within the alignment of this road improvement. The City has budgeted $650, 000 to contruct a new main in this area. It is proposed the State include the replacement of the Kent Springs Transmission Main in their contract. The State has prepared an agreement whereby the City will reimburse them for the construction costs. It is recommended the Mayor be authorized to execute same. The Committee unanimously recommended approval. OTHER ITEMS Leona Orr asked about the status of the Downtown signs that have been previously approved. She stated she has been contacted about drainage problems at 120 North State Street and asked if staff would investigate and report back to her. SEWER SERVICE AGREEMENT CITY OF KENT -- FEDERAL WAY SEWER DISTRICT THIS AGREEMENT, executed this day of 1991 , by and between the City of Kent, Washington, a municipal corporation (hereinafter the "City") , and the Federal Way Water and Sewer District, a corporation (hereinafter the "District") : WITNESSETH: WHEREAS, the City has determined that a pump station would be required in order to provide sanitary sewer service to an identified area within the incorporated limits of the City; and WHEREAS, the City's existing policy is that pump stations shall not be used to provide sanitary sewer service for less than 250 potential single family residences in areas less than 75 acres, and the identified area to be served under this Agreement is smaller in size; and WHEREAS, pump stations create maintenance problems for the City as well as individual property owners, making gravity sewer service preferable; and WHEREAS, the District has the ability to provide gravity sewer service to this identified area, and the parties desire to authorize service to this area of the City from the District; and WHEREAS, both the City and the District are public agencies authorized by law to engage in furnishing domestic sewer service, and to that end, may, through their legislative authorities, enter into a contract with respect to the rights, powers, duties and obligation of the parties with regard to the use and ownership of property, the providing of services, the maintenance ,and operation of facilities, the right to promulgate rules and regulations, to levy and collect special assessments, rates, charges, service charges and connection fees, the performance of contractual obligations and any other matters arising out of the provision of District service to areas within the City, all pursuant to and in accordance with RCW 39.34.0802 35.67.020 and 56.08.060; NOW, THEREFORE: 1 The parties agree as follows: Section 1. AUTHORIZATION AND TERM FOR THE PROVISION OF SEWER SERVICE. The City does hereby authorize the District to furnish sanitary sewer service to certain property, as specifically described in Exhibit A hereto, within the corporate boundaries of the City of Kent, which area is not economically feasible of being served by the City's sanitary sewer systems, all in accordance with and subject to the provisions, terms and conditions of this Agreement. The District's authorization to provide service shall extend for twenty-five years after the effective date of this Agreement, and shall further include the right and privilege to lay down, construct, relay, connect, replace and/or maintain such and so many pipes, conduits and mains, and all other appurtenances and appendages thereto, in, along, through and under the avenues, streets, lanes, alleys, highways and other public places and ways in that portion of the City of Kent as specifically described in Exhibit A as may be necessary, convenient and/or proper in order to provide sanitary sewerage service and for that purpose to make any and all connections which may be necessary, convenient and/or proper between said pipes, conduits and mains, and the dwellings and other buildings of consumers of such sanitary sewerage service. Section 2. AUTHORITY TO MANAGE, REGULATE AND CONTROL SEWER SYSTEM. After the construction of the sewer facilities as contemplated under this Agreement, the District shall have the sole responsibility to maintain, manage, conduct and operate its system of sewerage as installed within the area described in Exhibit A, together with any additions, extensions and betterments thereto. Section 3. AUTHORITY TO FIX SERVICE RATES. The rates charged the sewer service customers within the area described in Exhibit A shall be fixed, altered, regulated and controlled solely by the District, pursuant to the limitations on such authority as set forth in RCW Chapter 35.67 or Title 56 RCW, or any regulations promulgated thereafter on the subject of rates and charges for sewer service. Section 4. NON-EXCLUSIVE GRANT. This grant or privilege shall not be deemed or held to be exclusive. It shall in no manner prohibit the City from entering into other agreements or franchises of a like nature or franchises for other public or private utilities, in over, along, across, under and upon any of 2 the streets, avenues, highways, alleys or public places, or ways as herein enumerated, and shall in no way prevent or prohibit the City from using any of said streets, avenues, etc. , or affect its jurisdiction over them or any part of them with full power to make all necessary changes, relocations, repairs, maintenance, etc. , of same as it deems fit. Section 5. APPROVAL OF PLANS. Prior to construction of any of the pipes, conduits, mains; side sewers and appurtenances in the locations described in Section 1 herein, the District shall submit, to the Director of Public Works (hereinafter the "Director") , in triplicate, plans drawn to an accurate scale, showing the exact location, character, position, dimension, depth and height of the work to be done. The plans shall accurately depict the relative position and location of all pipes, conduits, mains, manholes, side sewers and appurtenances to be constructed, laid, relaid, installed, replaced, repaired, connected or disconnected, and the existing street, avenue, alley, highway, right-of-way or property lines. All streets, avenues, highways, alleys, lanes or ways denoted thereon shall be designated by their names and number and the local improvements therein such as roadway pavement, shoulders, sidewalks, curbs, gutters, ditches, driveways, parking strips, telephone or electric distribution poles, conduits, storm, gas or water pipe lines as may exist on the ground or area sought to be occupied shall be outlined. . In the construction proposed by the District, all materials and equipment shall be of the first class type and kind. The exact class and type to be used shall be shown on the plans, as will the equipment to be used and the mode of safeguarding and facilitating the public traffic during construction. The manner of excavation, construction installation, backfill , and temporary structures (such as traffic turnouts, road obstructions, etc. ) shall meet with the approval of, pass all requirements of, and be constructed under the supervision of the Director. Prior to approval of any work under this franchise, the Director may require such modifications or changes as he deems necessary to properly protect the public in the use of the public places, and may fix the time or times within and during which such work shall be done. The District shall pay to the City such amounts as, in the judgment of the Director, are reasonably necessary to investigate and process any plans for construction work, to inspect such work, to secure proper field notes for location, to plat such locations on the permanent records of the City Public Works Department, to supervise such work, or to inspect or reinspect as to 3 maintenance, during the progress of or after the repair of, any of the initial construction authorized by this Agreement. Section 6. PROTECTION OF PUBLIC. Whenever an excavation or fill from the construction, maintenance or repair of the facilities authorized under this Agreement has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining street or public place, or endangers the public, an adjoining public place, street utilities or City property, the Director may direct the District, at its own expense, to take actions to protect the public, adjacent public places, City property and street utilities, including compliance within a prescribed time. In the event that the District fails or refuses to take the actions directed promptly, or fails to fully comply with such directions given by the Director, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, the adjacent streets, or street utilities, or to maintain the lateral support thereof, including placing of temporary shoring, backfilling, alteration of drainage patterns and any other actions reasonably necessary to decrease the possibility of earth movement, or actions regarded as necessary safety precautions; and the District shall be liable to the City for the costs thereof. Section 7. REPAIR OF STREETS, SIDEWALKS AND PUBLIC PLACES. After construction, maintenance or repair of the facilities authorized by this Agreement, the District shall leave all streets, avenues, highways or public places in as good and safe condition in all respects as they were before the commencement of such work by the District, its agents or contractors. The Director shall have final approval of the condition of such streets and public places after completion of construction. Section 8. INDEMNIFICATION. The District hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person, including claims by the District's own employees to which the District might otherwise be immune under Title 51 RCW, arising from injury or death of any person or damage to property of which the negligent acts or omissions of the District, its agents, servants, officers or 4 employees in performing this Agreement are the proximate cause. The District further releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers and employees from any and all claims, costs, judgments, awards or liability to any person (including claims by the District's own employees, including those claims to which the District might otherwise have immunity under Title 51 RCW) arising against the City solely by virtue of the City's ownership or control of the rights-of-way or other public properties, by virtue of the District's exercise of the rights granted herein, or by virtue of the City's permitting the District's use of the City's rights-of- way or other public property, based upon the inspection or lack of inspection of work performed by the District, its agents and servants, officers or employees in connection with work authorized on the City's property or property over which the City has control , pursuant to this Agreement or pursuant to any other permit or approval issued in connection with this Agreement. This covenant of indemnification shall include, but not be limited by this reference to, claims against the City arising as a result of the negligent acts or omissions of the District, its agents, servants, officers or employees in barricading or providing other adequate warnings of any excavation, construction, or work in any public right-of-way or other public place in performance of work or services permitted under this Agreement. Inspection or acceptance by the City of any work performed by the District at the time of completion shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. In the event that the District refuses the tender of defense in any suit or claim, said tender having been made pursuant to the indemnification clauses contained herein, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter) , to have been a wrongful refusal on the part of the District, then the District shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees and reasonable attorneys' fees and the reasonable costs of the City, including reasonable attorneys' fees of recovering under this indemnification clause. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from 5 the concurrent negligence of the District and the City, its officers, employees and agents, the District's liability hereunder shall be only to the extent of the District's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the District's waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. Section 9. INSURANCE. The District shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to the District, its agents, representatives or employees. The District shall provide a copy of such insurance policy to the City for its inspection immediately upon the District's execution of this Agreement, and such insurance shall evidence: (a) Automobile liability insurance with limits no less than $1 ,000,000 Combined Single Limit per accident for bodily injury and property damage; and (b) Commercial General Liability insurance policy written on an occurrence basis with limits no less than $1 ,000,000 Combined Single Limit per occurrence and $1 ,000,000 aggregate for personal injury, bodily injury and property damage. Any deductibles or- self-insured retentions must be declared to and approved by the City. Payment of deductible or self-insured retention shall be the sole responsibility of the District. The insurance obtained by the District shall name the City, its officers, employees and volunteers as insureds with regard to activities performed by or on behalf of the District. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. In addition, the insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The District's insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance maintained by the City, its officials, officials, employees or volunteers shall be in excess of the District's insurance and shall not contribute with it. The insurance policy or policies required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, 6 reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail , return receipt requested, has been given to the City. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Section 10. RELOCATION OF SEWER LINES AND SEWER FACILITIES. The District agrees and covenants at its sole .cost and expense, to protect, support, temporarily disconnect, relocate or remove from any street any of its installations when so required by the City by reason of traffic conditions or public safety, street vacations, dedications or new rights-of-ways and the establishment and improvement thereof, freeway construction, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity, provided that the District shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, any sewer line or portion thereof required to be temporarily disconnected or removed. The City will make its best effort and attempt to design or redesign streets, avenues, alleys or public places or ways, and other City utilities to minimize the in1pact thereof on the District's existing sanitary sewer systems, including the need to require the District's facilities to be relocated. PROVIDED, HOWEVER, that the City shall make the final determination on the need for relocation of the District's facilities. Whenever the City determines that any of the above circumstances necessitate the relocation of the District's then existing facilities, the City shall provide the District with at least sixty (60) days written notice requiring such relocation, which shall be completed by the District at no cost and within the time frame set by the City. Upon the District's failure to complete relocation of its installations and facilities as so directed, the City may remove same at the District's expense. Section 11. EXCAVATION. During any period of installation, relocation, maintenance or repair of the District's facilities and installations, all surface structures, if any, shall be erected and used in such places and positions within said public right-of-ways and other public properties so as to interfere as little as possible with the free passage of traffic and the free use of adjoining 7 property, and the District shall at all times post and maintain proper barricades during such period of construction as required by the laws of the State of Washington or the City's ordinances.- Whenever the District shall excavate in any public right-of-way or other public property for the purpose of installation, repair, maintenance or relocation of its facilities, it shall apply to the City for a permit to do so and shall give the City at least three (3) working days notice thereof. During the progress of the work, the District shall not unnecessarily obstruct the passage or proper use of the right-of-way, and shall file maps or plans with the City (as described in Section 3 herein) showing the proposed and final location of the sewer facilities. If either the City or the District shall at any time plan to make excavations in any area covered by this Agreement and as described in this Section, the party planning such excavation shall afford the other, upon receipt of a written request to do so, an opportunity to share such excavation, PROVIDED THAT: (1 ) such joint use shall not unreasonably delay the work of the party causing the excavation to be made; (2) such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; and (3) either party may deny such request for safety reasons. Prior to commencement of any construction authorized by this Agreement, the District shall reference all monuments and markers of every nature relating to subdivision plats, highways and all other surveys. The reference points shall be so located that they will not be disturbed during the District's operations under this Agreement. The method of referencing these monuments or other points to be referenced shall be approved by the Director before placement. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit and as directed by the Director. The costs of monuments or other markers lost, destroyed, or disturbed and the expense of replacement by approved monuments shall be borne by the District. Section 12. COMPLIANCE WITH LAWS. The District, its subcontractors, employees or any person acting on behalf of the District shall keep him/herself fully informed of all federal and state laws, and all municipal ordinances and regulations which in any manner affect the work or performance of the work authorized under this Agreement, and shall at all times observe and comply with such laws, ordinances and regulations, whether or not such laws, ordinances or regulations are mentioned herein, and shall indemnify the City, its officers, 8 officials, agents, employees or representatives against any claim or liability arising from or based upon the violation of any such laws, ordinances or regulations. Section 13. DISCRIMINATION. The District agrees that it shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap, provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular worker involved. The District shall ensure that applicants are employed, and that employees are treated during employment without discrimination because of their race, color, religion, sex, national origin, creed, marital status, age, or the presence of any sensory, mental or physical handicap. The District shall take such action with respect to this Agreement as may be required to ensure full compliance with Chapter 49.60 RCW. Section 14. CITY CONSTRUCTION ADJACENT TO DISTRICT INSTALLATION. The laying, construction, maintenance and operation of the said District's system of sewerage lines, pipes, conduits, mains, side sewers, etc. , authorized under this Agreement shall not preclude the City or its accredited agents and contractors, from blasting, grading, or doing other necessary road work contiguous to the said District's pipe lines, provided that the District shall have twenty-four (24) hours notice of said blasting or excavating in order that the District may protect its line of pipe and property. Section 15. MODIFICATION. The City and the District hereby reserve the right to alter, amend or modify the terms and conditions of this Agreement upon written agreement of both parties to such alteration, amendment or modification. Section 16. TERMINATION; BREACH. If the District willfully violates or fails to comply with any of the provisions of this Agreement, or through willful or unreasonable negligence fails to heed or comply with any notice given the District under the provisions of this Agreement, or persistently disregards laws, ordinances or instructions of the Director, then the City may, without prejudice to any other right or remedy and after giving the District five (5) days written notice, terminate this Agreement. 9 Section 17. REMEDIES TO ENFORCE COMPLIANCE. In addition to any other remedy provided by law, this Agreement may be specifically enforced at the option of either party, and each consents to the venue and jurisdiction of the King County Superior Court in the event of a dispute. Section 18. CITY ORDINANCES AND REGULATIONS. Nothing herein shall be deemed to direct the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Agreement, including any reasonable ordinance made in the exercise of its police powers in the interest of the public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of construction and maintenance of any sewer facilities by the District, and the District shall promptly conform with all such regulations, unless compliance would cause the District to violate other requirements of law. Section 19. ASSIGNMENT. The District may not assign the rights, duties and obligations under this Agreement without the prior, written consent of the City, which consent shall not be unreasonably withheld. If such consent is given for assignment, acceptance of the assignment shall be filed by the District's successor with the City. Section 20. SUCCESSORS AND ASSIGNS. All the provisions, conditions, regulations and requirements contained in this Agreement shall be binding upon the successors and assigns of the District, and all privileges of the District shall inure to its successors and assigns equally as if they were specifically mentioned herein. Section 21 . NOTICE. Any notice or information required or permitted to be given to the parties under this Agreement may be sent to the following addresses unless otherwise specified: THE CITY OF KENT Director of Public Works Don Wickstrom 400 West Gowe Street Kent, Washington 98032 - 10 FEDERAL WAY WATER AND SEWER DISTRICT Section 23. EFFECTIVE DATE. This Agreement shall be effective on the date after execution by both of the parties. THE CITY OF KENT FEDERAL WAY WATER AND SEWER DISTRICT By BY Its Its ATTEST: City Clerk Date: APPROVED AS TO FORM: Roger Lubovich City Attorney SEWSERAG.LAW 11 EXHIBIT "A" THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M. , IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 30 FEET CONVEYED TO KING COUNTY FOR ROAD PURPOSED BY DEED RECORDED UNDER AUDITOR' S FILE NO. 2669629: AND EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR ROAD BY DEED RECORDED UNDER AUDITOR' S FILE NO. 7206020442 . THE FOLLOWING DESCRIBED PROPERTIES SHALL ALSO BE SERVICED BY THE FEDERAL WAY SEWER AND WATER DISTRICT: THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M. LESS THAT PORTION LYING WITHIN THE PLAT OF CAMBRIDGE DIVISION SIX (6) LESS THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 27 DESCRIBED AS FOLLOWS: 1. BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION, THENCE NORTH 89-30-28 WEST ALONG THE NORTH LINE THEREOF 328 . 34 FEET . TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 00-29-32 WEST 80 FEET, THENCE NORTH 89-30-23 WEST 165. 88 FEET, THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID SUBDIVISION 10 FEET, THENCE NORTH 27-24-30 WEST 67 . 97 FEET TO THE POINT OF CURVATURE -ANGLE TO THE RIGHT -A RADIUS OF 20 FEET THENCE NORTHERLY ALONG THE ARC OF SAID CURVE- THROUGH A CURVE WITH AN ANGLE OF 29-31-36 HAVING AN ARC DISTANCE OF 10. 31 FEET TO THE NORTH LINE OF SAID SUBDIVISION. SAID POINT BEING THE SOUTHWEST CORNER OF LOT 1 OF SAID PLAT. THENCE SOUTH 89-30- 28- EAST ALONG THE NORTH LINE OF SAID SUBDIVISION AND SOUTH LINE OF SAID PLAT 200 FEET TO THE TRUE POINT OF BEGINNING LESS THE COUNTY ROAD. 2 . LOTS 11 2 , 3 AND 4 OF SINGH SHORT PLAT (SP-85-6) AS RECORDED UNDER 8601290312 . 3 . LOT 2 OF CAMBRIDGE SOUTH SHORT PLAT (SP-78-39) AS RECORDED UNDER 7903220530. MORRIS,CAROL / KENT70/LW - HPDesk print. ---------------------------------------- M-ssage. Dated: 03/14/91 at 1103 . , ..eject: federal way sewer district agreement Sender: Carol MORRIS / KENT70/LW Contents: 2 . Part 1. TO: Randy BRAKE / KENT70/PW Don WICKSTROM / KENT70/PW Part 2 . Attached to this E-mail is the original, final agreement for the Federal Way Water and Sewer District Agreement. It contains all of the changes that have been mutually negotiated between the Sewer District and Kent. The changes I made were to change the word 'City's' to 'District, " on page 2, and I eliminated the old section 8 relating to completion of construction. The District's attorney agreed to allow the disputed indemnification language to stay in the agreement unaltered. I have already called John Jensen at the District to let him know that his attorney and I have reached an agreement on all of the language in the agreement. If there is anything more that you need me to do, please let me know. de/ Kent City Council Meeting Date April 2 . 1991 Category Consent Calendar 1. SUBJECT: I.A.C. GRANT APPLICATION - RIVERVIEW PARK 2 . SUMMARY STATEMENT: Authorization for the Parks Department to apply to the Interagency Committee for Outdoor Recreation for matching acquisition funds for the Green River Trail Park. The application will be for $240, 000, to be matched by $240, 000 from King County Open Space Bond Issue proceeds. 3 . EXHIBITS: Resolution, fiscal note 4 . RECOMMENDED BY: Parks Co ttee Parks Department Staff (Committee, Staff, Exa finer, Commission, etc. ) 5. UNBUDGETED FISCAL P ONNEL IMPACT: O YES ^ FISCAL/PERSONNEL NO E: Recommended_ Not Recommended 6. EXPENDITURE RE Our D: $240. 000 SOURCE OF FUNDS• King County Open Space Bond Issue Proceeds 7. CITY COUNCIL A TION: Councilmembek moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3F*" RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, authorizing applications for funding assistance for an outdoor recreation project to the Interagency Committee for Outdoor Recreation as provided by the Marine Recreation Land Act. WHEREAS, the City Council of the City of Kent has approved a "Comprehensive Park and Recreation Plan" for the urban area which identifies a community park on Green River in the southeastern part of the City; and, WHEREAS, under the provisions of the Marine Recreation Land Act, state and federal funding assistance has been authorized and made available to aid in financing the cost of land for parks and the construction of outdoor recreation facilities of local publio bodies; and WHEREAS, the City Council of the City of Kent considers it in the best public interest to acquire 11.2 acres in the bend of the Green River adjacent to the Green River Trail. Tax lots 2522049001 and 2422049108; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the mayor be authorized to make formal application to the Interagency Committee for Outdoor Recreation for funding assistance, Section 2 . That any fund assistance so received be used in the acquisition of 11.2 acres of land in the southeastern part of the City of Kent, Washington. f Section 3 . That the City's share of the project will be derived from King County Open Space Bond Issue proceeds. Section 4. The City of Kent does hereby certify that the City is responsible to support all non-cash commitments to the local share should they not materialize. Section 5. That any property acquired with financial aid, through the Interagency Committee for Outdoor Recreation be placed in use as an outdoor recreation facility and be retained in such use in perpetuity unless as otherwise provided and agreed to by the City Council, the Interagency Committee for Outdoor Recreation, and any affected federal agency, and Section 6. That this resolution become part of a formal application to the Interagency Committee for Outdoor Recreation. Section 7. That adequate notification has been given an opportunity for public input and that published notices have identified affected flood plains and/or wetlands, if applicable. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 1991. Concurred in by the Mayor of the City of Kent, this day of , 1991. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK _ 2 _ MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- �ject: RIVERVIEW PARK - FISCAL NOTE Creator: Tony MCCARTHY / KENT70/FN Dated: 03/28/91 at 0928 . THE PARKS DEPARTMENT IS ASKING FOR AUTHORIZATION TO APPLY FOR AN IAC GRANT FOR MATCHING FUNDS FOR THE GREEN RIVER TRAIL PARK. THE GRANT REQUEST WILL BE FOR $240, 000 AND WILL BE MATCHED BY $240, 000 FROM THE KING COUNTY OPEN SPACE BOND ISSUE PROCEEDS. THE KING OPEN SPACE BOND ISSUE MONEY IS ALREADY APPROPRIATED. THE PARK DEPARTMENT PROPOSAL ALLOWS THE CITY TO ACQUIRE A $480, 000 PARK WITHOUT A DIRECT CITY CONTRIBUTION. PREVIOUSLY ALLOCATED OPEN SPACE BOND ISSUE PROCEEDS ARE AN ALLOWABLE MATCH. BASED ON THIS THE IBC RECOMMENDS BUDGET AUTHORIZATION FOR THE IAC GRANT ASSUMING THE PARK DEPARTMENT IS SUCCESSFUL. Kent City Council Meeting Date April 2 . 1991 Category Consent Calendar 1. SUBJECT: I.A.C. GRANT APPLICATION - SCENIC HILL PARK } 2 . SUMMARY STATEMENT: Authorization for the Parks Department to apply to the Interagency Committee for Outdoor Recreation for matching development funds for Scenic Hill Park. The application will be for $225, 000, to be matched by $225, 000 from monies provided by the Kent School District to cover the cost of the parking lot and by the City's Park Matching Funds Budget. 3 . EXHIBITS: Resolution, fiscal note 4 . RECOMMENDED BY: Parks Committee Parks Department Staff, The ORB Organization (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PEMNNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE#. Recommended_Z Not Recommended 6. EXPENDITURE REOUIRO: $225, 000 SOURCE OF FUNDS: Kent School District and City of Kent Park Matching Funds 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3G✓ RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, authorizing applications for funding assistance for an outdoor recreation project to the Interagency Committee for Outdoor Recreation as provided by the Marine Recreation Land Act. WHEREAS, the City Council of the City of Kent has approved a "Comprehensive Park and Recreation Plan" for the urban area which identifies a neighborhood park adjacent to Scenic Hill Elementary in the eastern part of the City; and WHEREAS, under the provisions of the Marine Recreation Land Act, state and federal funding assistance has been authorized and made available to aid in financing the cost of land for parks and the construction of outdoor recreation facilities of local public bodies; and WHEREAS, the City Council of the City of Kent considers it in the best public interest to develop 5 acres adjacent to Scenic Hill Elementary as a neighborhood park; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the mayor be authorized to make formal application to the Interagency Committee for Outdoor Recreation for funding assistance, Section 2 . That any fund assistance so received be used in the development of 5 acres of land in the eastern part of the City of Kent, Washington. Section 3 . That the City's share of the project will be derived from monies provided by the Kent School District to cover the cost of the parking lot and by the City's Park Matching Funds Budget. Section 4 . The City of Kent does hereby certify that the City is responsible to support all non-cash commitments to the local share should they not materialize. Section 5. That any property acquired with financial aid through the Interagency Committee for Outdoor Recreation be placed in use as an outdoor recreation facility and be retained in such use in perpetuity unless as otherwise provided and agreed to by the City Council, the Interagency Committee for Outdoor Recreation, and any affected federal agency, and Section 6. That this resolution become part of a formal application to the Interagency Committee for Outdoor Recreation. Section 7 . That adequate notification has been given an opportunity for public input and that published notices have identified affected flood plains and/or wetlands, if applicable. Section 8. That the City of Kent does certify that the City is owner of the land to be developed and based on current knowledge, provides assurance there are no encumbrances on the land which would restrict recreation use of the land as proposed in this application. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 1991. Concurred in by the Mayor of the City of Kent, this day of 1991. DAN KELLEHER, MAYOR 2 - MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- _,aject: SCENIC HILL PARK - FISCAL NOTE Creator: Tony MCCARTHY / KENT70/FN Dated: 03/27/91 at 1750. THE PARK DEPARTMENT, AT THE REQUEST OF THE KENT SCHOOL DISTRICT, IS SEEKING A COOPERATIVE AGREEMENT TO CONSTRUCT A PARKING LOT IN SCENIC HILL PARK. WITH EXTENSIVE REMODELING OF SCENIC HILL ELEMENTARY, THE PARKING LOT EXPANSION IS BEING REQUIRED BY THE CITY. THE SCHOOL DISTRICT'S OPTIONS FOR PARKING ARE EITHER TO USE A PORTION OF THEIR PLAYGROUND OR TO SEEK A COOPERATIVE AGREEMENT WITH THE CITY. THE AGREEMENT WOULD STATE THAT THE SCHOOL DISTRICT WOULD BEAR THE FULL COST OF THE PARKING LOT CONSTRUCTION BUT THE LOT COULD BE USED BY THE CITY TO ACCESS THE PARK. IN ADDITION THE CITY COULD USE THE SCHOOL DISTRICT'S CONTRI- BUTIONS OF $80, 000 TO $100, 000 WITH $120, 000 TO $145, 000 OF BUDGETED CIP GRANT MATCHING FUNDS TO APPLY FOR A STATE GRANT OF $225, 000. IF THE GRANT IS APPROVED, A $450, 000 SCENIC HILL PARK IMPROVEMENT WOULD BE PROVIDED. IF THE GRANT IS NOT APPROVED THE CITY GRANT MATCHING FUNDS WOULD NOT BE USED. ALL PARKING LOT COSTS WOULD BE PAID FOR BY THE SCHOOL DISTRICT. WITH PARKING LOT CONSTRUCTION COSTS PAID BY THE SCHOOL DISTRICT, AND THE ADDITIONAL POSSIBILITY OF USING SCHOOL DISTRICT MONEY TO OBTAIN A $225, 000 MATCHING STATE GRANT, THE IBC APPROVES THE COOPERATIVE AGREEMENT. IF THE GRANT IS APPROVED, A $450, 000 PARK IMPROVEMENT CAN BE ACCOMPLISHED AT A CITY COST OF $120, 000 TO $145, 000. THE CITY HAS $200, 000 BUDGETED IN THE CIP FOR PARK GRANT MATCHING FUNDS FOR 1991. Kent City Council Meeting Date April 2 , 1991 Category Other Business 1. SUBJECT: OLYMPIC PIPELINE FRANCHISE 2 . SUMKARY STATEMENT: Pursuant to RCW 35A.47 .040, this is the second reading of an ordinance granting Olympic Pipeline Company a ten year franchise agreement to operate and maintain an existing pipeline in City rights-of-way. This agreement was introduced at the March 19, 1991 Council meeting. Since the first reading, modification to the agreement has been proposed by the Fire Department, as set forth in page 9 of the document, requiring immediate notification of accidents and related incidents as well as providing for a 24 hour telephone number of such notification. -the-- •er,d4nanee -�-anting -Olympic Pipeline company -the-€ranehise P� 3 . EXHIBITS: Franchise agreement and excerpt from Public Works Committee minutes 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) i 5. UNBUDGETED FIS P ONNEL IMPACT: NO X YES FISCAL PERSONNEL N : Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS* 7 . CITY COUNCIL ACTION: Z- Councilmember move ncilmember sreCoids f� adoption of Ordinance, WS granting Olympic Pipeline Company the franchise agreement for ten years to maintain, operate, replace and repair an existing pipeline. w c ��l', <;r=w, ct� Czv\d f-he. YY1t�t-�c r� C a t'r� Fd DISCUSSION• r ACTION• t--- T Council Agenda Item No. 4A PUBLIC WORKS COMMITTEE MARCH 5, 1991 PAGE 3 unanimously recommended approval to proceed with condemnation if negotiations for right of way are unsuccessful. Olympic Pipeline Franchise Gill explained that Public Works and the Attorney' s office have been working on a new franchise ordinance for Olympic Pipeline as their old franchise has expired. Morris explained that she has added substantial clauses regarding hazardous substances, notification, spills, and cleanup. She noted that Don Wickstrom wanted to require a risk assessment of the pipeline system before approving the franchise in order to determine the current structural integrity of the system. The indemnification and insurance sections have been strengthened considerably. They are required to notify the Public Works Department and the Fire Department in case of accidental release or accidents relating to the pipeline. The franchise fee has been increased to $3 . 00 per lineal foot of pipeline. Olympic Pipeline has reviewed the ordinance and is in agreement. Morris added this is a 10-year franchise as opposed to the old one which was 15 years and it does not allow them to construct any new lines under this franchise. The Committee unanimously recommended approval of the franchise. Street Utilitv Gill explained this is a continuance of the issues brought before the Committee earlier. We are requesting to establish the corridor funds to capture the available revenue, establish project budgets and authorize the staffing requirements . IBC and IPC have reviewed these requests and it is their recommendation to fill the clerical and Engineering Technician position as approved in the 1991 budget and to authorize one new engineer position. Personnel is to evaluate the Tech and Engineer position to determine the appropriate level. The rationale of upgrading the . Engineer position is to be able to use that position to manage contractual engineers. McCarthy clarified that the Committee should make a recommendation as to the hiring of these positions. The Committee unanimously recommended approval of the IBC/IPC recommendation to proceed with hiring of the Office Technician and Engineering Technician positions as approved in -the 1991 budget review of the Technician position to determine appropriate level based upon job responsibilities and to add an Engineer position at a level to be determined after review of job responsibilities. i ,I I ! � ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, granting unto the Olympic Pipe Line Company, a Delaware corporation, its successors and assigns, the right, privilege, authority and franchise for ten years, to maintain, operate, replace, and repair an existing pipe- line, together with equipment and appurtenances thereto for the transportation, storage and handling of oil and any by-product thereof, in, across, under, through and below certain designated public rights-of-way and public properties of the City of Kent, State of Washington. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Franchise Granted. The existing franchise between the City of Kent, Washington and Olympic Pipeline Company (hereinafter "Olympic") for utilization of streets, avenues, rights-of-way, roads, alleys, lanes or other public places within the City of Kent is hereby cancelled as of Pursuant to RCW 35A.47 . 040, the City of Kent, Washington (the "City" herein, ) hereby grants to Olympic Pipeline Company, a Delaware corporation, its successors and assigns, subject to the terms and conditions set forth hereinafter, a franchise for a period of ten years, commencing and expiring This franchise shall grant to Olympic the right, privilege and authority to operate, maintain, replace, use and i operate one existing pipeline and all necessary equipment and facilities thereto for the transport of oil and oil products, in, under, on, across, or below the public right-of-ways and public places located in the City of Kent, more specifically described as follows: STREET DISTANCE LOCATION Across S. 228th St. 60 feet 1754 ' E/CL 68th Ave. S. Across S. 202nd St. 60 feet 425' E/CL 72nd Ave. S. Across S. 206th St. 60 feet 425' E/CL 72nd Ave. S. Across S. 212th St. 60 feet 1730' E/C1 68th Ave. S. Across S. Smith St. 60 feet 1800' E/CL 68th Ave. S. Across W. Meeker St. 60 feet 1800' E/CL 68th Ave. S. Across W. Willis St. 60 feet 740' W/CL 5th Ave. Across S. 259th St. 60 feet 1375' W/CL 3rd Ave. Across S. 262nd St. 60 feet 2340' E/CL 70th Ave. S . Across W. James St. 66 feet 1800' E/CL 68th Ave. S. The rights and privileges granted under this franchise shall not convey any right to Olympic to install any new pipelines or pipeline facilities, or to allow Olympic the use of City-owned, leased or operated properties outside of the franchise area described above. Section 2 . Non-Exclusive Franchise Grant. This franchise is granted upon the express condition that it shall not in any manner prevent the City of Kent from granting other or further franchises in, along, over, through, under, below or across any of said right-of-ways, streets, avenues or all other public lands an properties of every type and description. Such franchise shall i no way prevent or prohibit the City of Kent from using any of said roads, streets or other public properties or affect its jurisdic- tion over them or any part of them, and the City shall retain power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, dedication of same as they may deem fit, including the dedication, establishment, 2 - I 1 maintenance, and improvement of all new rights-of-ways, thoroughfares and other public properties of every type and description. Section 3 . Relocation of Pipeline and Pipeline Facilities. Olympic agrees and covenants at its sole cost and expense, to protect, support, temporarily disconnect, relocate or remove from any street any of its installations when so required by the City of Kent by reason of traffic conditions or public safety, street vacations, dedications of new right-of-ways and the establishment and improvement thereof, freeway construction, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity, provided that Olympic shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City o. Kent, any section of pipeline required to be temporarily disconnected or removed. If the City determines that the project necessitates the I relocation of Olympic's then existing facilities, the City shall: a) At least sixty (60) days prior to the commencement of such improvement project, provide Olympic with written notice requiring such relocation; and b) Provide Olympic with copies of pertinent portions of the plans and specifications for such improvement project so that Olympic may relocate its facilities to accommodate such improvement project. C) After receipt of such notice and such plans and specifications, Olympic shall complete relocation of its facilitiv, 3 - I i at no charge or expense to the City so as to accommodate the improvement project at' least ten (10) days prior to commencement of the project. Olympic may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise Olympic in writing if one or more of the alternatives is suitable to accommodate the work which would otherwise necessitate relocation of the facilities. If so requested by the City, Olympic shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Olympic full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, Olympic shall relocate its facilities as otherwise provided in this Section. The provisions of this Section shall in no manner preclude or restrict Olympic from making any arrangements it may deem appropriate when responding to a request for relocation of its facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City owned, operated or maintained facilities, provided that such arrangements do not unduly delay a City construction project. Section 4 . Olympic's Maps and Records. As a condition of this franchise, Olympic shall provide to the City at no cost, a copy of its current maps and records of its pipeline system and facilities as they exist on the date of this franchise agreement in the City of Kent. These maps and records shall be copies of those that Olympic updates and maintains in order to comply with the requirements of the Code of Federal Regulations, Chapter 49, 4 - I I I Part 195.04 , or any other federal regulations that may be adopted for promulgated in the future on the subject of pipeline safety. All such maps and records, including the results of all tests or inspections of the pipeline and its facilities done by Olympic pursuant to 49 CFR §195 and any other federal regulations, shall be available at all reasonable times for inspection by the proper officials and agents of the City. Upon written request of the City, Olympic shall provide the City with the most recent updated plan available of potential improvements to its facilities within the franchise area; Provided, However, any such plan so submitted shall be for informational purposes only and shall not obligate Olympic to undertake any specific improvements within the franchise area, nor shall such plan be construed as a proposal to undertake any specific improvements within the franchise area. Section 5. Pipeline Integrity. Prior to and as a condition of the granting of this franchise, Olympic shall provide for the city's review and approval, a Risk Assessment of Olympic's pipeline system as it now exists within the Kent City limits. The Risk Assessment shall be prepared by a consultant firm approved by the City and stamped by a Washington State licensed engineer with demonstrated experience in the field. The Assessment, prepared under the direction of the City, shall include, but not be limited to, a review of the original pipeline system design, any subsequen modifications, the installation records, Olympic's past and present operational and maintenance practices, emergency response plan and emergency response record. The Assessment shall also contain a determination of the potential failure risk of the pipeline or any of its parts, apparatus and equipment, with respect to loss of product into the environment during this franchise term, or, until the year 2001. Locations of all 5 - potential failure areas shall also be stated in the Assessment, as well as the projected associated environmental damage or clean-up costs, as such costs can reasonably be estimated. i All pipe and any other components of pipeline systems to be placed by Olympic in the future within any street right-of-way or other public property as designated under this franchise agreement, 'shall be designed, manufactured and installed in full compliance with the Design Requirements for Hazardous Liquids Pipelines as set forth in 49 CFR §195, Subpart C, or any other future federal regulations promulgated on the subject. Whenever Olympic shall relocate or replace any pipeline system or portion thereof, the new pipe or facilities shall be initially tested and then tested annually or sooner thereafter, according to the schedules as set forth in the federal regulations on the subject. Section 6. Excavations. During any period of relocation or maintenance, all surface structures, if any, shall be erected and used in such places and positions within said public right-of- ways and other public properties so as to interfere as little as possible with the free passage of traffic and the free use of adjoining property, and Olympic shall at all times post and maintain proper barricades during such period of construction as required by the laws of the State of Washington or the ordinances of the City of Kent. Whenever Olympic shall excavate in any public right-of- way or other public property for the purpose of repair, maintenanc or relocation of its facilities, it shall apply to the City for a permit to do so and shall give the City at least three (3) working days notice thereof. During the progress of the work, Olympic shall not unnecessarily obstruct the passage or proper use of the - 6 - i right-of-way, and shall file maps or plans with the City showing the proposed and final location of the pipeline. If either the City or Olympic shall at any time plan to make excavations in any area covered by this franchise and as described in this section, the party planning such excavation shall afford the other, upon receipt of a written request to do so, an opportunity to share such excavation, PROVIDED THAT: (1) such joint use shall not unreasonably delay the work of the party causing the excavation to be made; (2) such joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; and (3) either party may deny such request for safety reasons. Section 7. Restoration after Construction. Olympic shall, after abandonment approved under Section 16 herein, or I relocation, maintenance, or repair of pipeline/facilities within the franchise area, restore the surface of the right-of-way or public property to at least the condition same was in immediately prior to any such relocation, maintenance or repair. All concrete encased recorded monuments which have been disturbed or displaced by such work shall be restored pursuant to all federal, state and local standards and specifications. Olympic agrees to promptly complete all restoration work and to promptly repair any damage caused by such work to" the franchise area or other affected area at its sole cost and expense. Section 8. Warranties. Olympic represents, warrants and �1covenants that a) Olympic has not received any notice of, and is not aware of, any actual or alleged release of any hazardous substance from or in the pipeline system; b) Olympic has not received any notice of and is not aware of, any actual or alleged violation with respect to the pipeline system of any federal, - 7 - i. i state or local statute, ordinance, rule, regulation or other law pertaining to hazardous substances; and c) no action or proceeding 1 is pending before or appealable from any court, quasi-judicial ( body or administrative agency relating to hazardous substances emanating from, caused by or affecting Olympic's pipeline system. For the purpose of this franchise, the term "hazardous substance" shall mean any hazardous, toxic or dangerous substance, waste or material that is regulated under any federal, state or local law pertaining to environmental protection, contamination, cleanup or liability. The term includes without limitation, a) any substance designated a "hazardous substance" under the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. 9601 et seq. ) , and/or under the Model Toxics Control Act (Ch. 70. 105D RCW) , as these statutes shall be amended from time to time, and b) any substances that, after being released into the environment and upon exposure, ingestion, inhalation or assimilation, either directly from the environment or indirectly by ingestion through the food chain, will or may be reasonably be anticipated to cause death, disease, behavior abnormalities, cancer and/or genetic abnormalities in humans, plants or animals. "Release" means any intentional or unintentional entry of any hazardous substance into the environment, including, without limitation, the abandonment or disposal of containers of hazardous substances. Section 9. Compliance with Applicable Laws. Olympic shall not cause or permit the pipeline to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process hazardous substances, except in compliance with all applicable federal state and local laws or regulations. Nor shall Olympic cause or permit, as a result of any intentional or unintentional act or omission on the part of - 8 - II � i ii 'I I Olympic, any assignee or agent of Olympic, or any third party, a release of hazardous substances on, the property of the City or on any other property. Section 10. Notification of Releases and/or Accidents• Monitoring. Olympic shall monitor the pipeline system by making visual inspections at least once every three weeks as required by 49 CFR 195. 412, or as may be required by any federal or state regulations that may be promulgated on the subject in the future, and by performing annual pressure tests of the pipelines. Olympic shall ( (net#f]r-the=2iy-Pabl#e-Werks-Beper�Men -et-859-3363-end-bY� e3t1+-ire-Heper�xlent-et-859-3369-1atk#n-trte-f�}-heirs) ) immediatel notify the City Fire Department at 852-2121 (24 hour number) and the City Public Works Department at 859-3383 of the occurrence of any of the following circumstances which occur within the Kent I City limits or which may affect property within the existing Kent City limits or as the Kent City limits may be hereafter extended: I i1) When there is a leak in the pipeline causing a loss of Olympic's product; 2) When there is an explosion or fire involving Olympic's pipeline facilities or product; t 3) When there is an escape into the atmosphere of Olympic's products, or highly volatile liquids; 4) When there exists any hazardous condition which could lead to an accident or imminently dangerous I; situation; 5) When there is an escape of Olympic's product into any stream, river, lake, reservoir, ground water or .. water table; 9 - i 6) When any person suffers bodily injury or death in an event involving Olympic's pipeline, facilities or product; 7) When there is damage to any public or private property involving Olympic's pipeline, facilities or product, which property is not owned by Olympic. Within twenty-four (24) hours of the oral notice, Olympic shall follow up with a written notice, addressed to the Director of the Kent Public Works Department, 400 West James St. , Kent, Washington 98032. Both oral and written notices shall specify, to the extent possible, the Hazardous Substance involved; the amount of Hazardous Substances involved; the location of the release or contamination; the time and duration of the release or contamination; the steps being taken to stop, limit or remediate the release or contamination; other governmental agencies contacted about the release or contamination; and the name and/or title of the person making the notice. Within thirty (30) days of the occurrence of any accident involving Olympic's pipelines, facilities or products in the City, Olympic shall prepare and file a written accident report with the City, which shall either provide all information or be identical to the completed form required for this purpose by the Secretary of the Department of Transportation, pursuant to 49 CFR Parts 195. 50, 195.54, 195. 55 and 195. 56, or any future federal regulations promulgated on the subject. The information on this report shall include, but not be limited to a description of the event, all significant facts relevant to the event, the circumstances leading to its discovery, the corrective action taken and the extent of any personal injuries, fatalities or property damage. - 10 - Compliance with this provision shall not excuse Olympic from any other notification requirements under federal, state or local law. Failure to comply with the notification and .reporting requirements of this Section or the hazardous waste clean-up and permit regulations contained in Kent City Ordinance 2718 shall be grounds for revocation of this franchise. Section 11. Notification of Violation. In addition to the requirements for notification contained in Section 10 herein regarding accidents or releases, Olympic shall notify the City in writing within 24• hours after Olympic a) receives any notice of or becomes aware of any actual or alleged violation, with respect to the pipeline system, or of any federal, state or local law pertaining to Hazardous Substances, or b) becomes aware of any Mien or action with respect to any of the foregoing. Olympic will, at its sole expense, act in a manner satisfactory to the III City, to comply with all laws, including Kent City Ordinance 2718, and with all orders, decrees or judgments of governmental j authorities or courts that apply to the use, collection, storage, treatment, control, removal or clean-up of Hazardous Substances emanating from or related to the pipeline system. Olympic shall immediately comply with any request or order of the City relative to the operation of the pipeline that the City determines necessary to protect the public health, safety and welfare. Olympic shall further pay all clean-up, administrative and enforcement costs of governmental agencies if obligated to do so by contract or law. The City may, but is not obligated to take such actions and incur such costs and expenses to effect such compliance as it deems advisable; and whether or not Olympic has actual knowledge of the existence of Hazardous Substances in, on or under the affected premises or adjacent property as of the date hereof, Olympic shall reimburse the City on demand for the full amount of all costs and expenses the City incurred in connection with such compliance activities. - 11 - Section 12 . Emergency Work -- Permit Waiver. In the event of any emergency in which a pipeline located in or under any street, breaks, is damaged or otherwise is in such a condition as to immediately endanger the property, life, health or safety of any individual, or when a violation as described in Section ' ll, "Notification of Violation" occurs, Olympic shall immediately take the proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health or safety of individuals without first applying for and obtaining a permit as required by this franchise. However, this shall not relieve Olympic from the requirement of obtaining any permits necessary for this purpose, and Olympic shall apply for all such permits not later than the next succeeding day during which the Kent City Hall is open for business. Section 13 . Recovery of Costs. Olympic shall pay a filing fee for the City's administrative costs in drafting and processing this franchise agreement and all work related thereto, including the cost of the City's review of the Risk Assessment in Section 5 herein. Olympic shall further be subject to all permit fees associated with activities undertaken through the authority granted in this Ordinance or in prior ordinances relating to the pipeline system, including Kent City Ordinance 2718, regardless of the voluntary nature of any clean-up efforts. Where the City incurs costs and expenses for review, inspection or supervision of activities undertaken through the authority granted in this Ordinance or any prior ordinances relating to the pipeline system for which a permit fee is not established, Olympic shall pay such costs and expenses directly to the City. In addition to the above, Olympic shall promptly reimburse the City for any and all costs it reasonably incurs in response to any emergency involving Olympic's pipelines and facilities. - 12 - II ii i it - ' Section 14 . Indemnification. Olympic hereby releases, C covenants not to bring suit and agrees to indemnify, defend and hold harmless the city, its officers, employees, agents and I representatives from any and all claims, costs, judgments, awards or liability to any person, including claims by Olympic's own jemployees to which Olympic might otherwise be immune under Title i51 RCW, arising from injury or death of any person or damage to property of which the negligent acts or omissions of Olympic, its agents, servants, officers or employees in performing this franchise are the proximate cause. Olympic further releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers and employees from any and all claims, costs, judgments, awards or liability to any person (including claims by Olympic's own employees, including those claims to which Olympic might otherwise have immunity under Title 51 RCW) arising against the City solely by virtue of the City's ownership or control of the rights-of-way or other public properties, by virtue of Olympic's exercise of the rights granted herein, or by virtue of the City's permitting Olympic's use of the City's rights-of-way or other public property based upon the inspection or lack of inspection of work performed by Olympic, its agents and servants, officers or employees in connection with work authorized on the City's property or property over which the City has control, pursuant to this franchise or pursuant to any other permit or approval issued in connection with this franchise. This covenant of indemnification shall include, but not be limited by this reference, claims against the City arising as a result of the negligent acts or omissions of Olympic, its agents, servants, officers or employees in barricading or providing other adequate warnings of any excavation, construction, or work in any public right-of-way or other public place in performance of work or services permitted under this franchise. 13 - Olympic further agrees to release, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers and employees, agents and representatives from any land all claims, costs, judgments or awards to any person, , including all reasonable attorneys' fees and costs incurred by the City, or liabilities resulting from a) any breach of the � representations and warranties as contained in this franchise, or in any notice, report or permit application made by Olympic pursuant to the requirements of this franchise, or local, state or ', federal law; and b) Hazardous Substances from the pipeline system being found on or removed from any properties. Inspection or acceptance by the City of any work performed by Olympic at the time of completion shall not be , ,, grounds for avoidance of any of these covenants of indemnification Said indemnification obligations shall extend to claims ,, which are not reduced to a suit and any claims which may be , compromised prior to the culmination of any litigation or the , institution of any litigation. In the event that the Grantee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to the indemnification clauses contained herein, and said refusal is subsequently determined by a court having jurisdiction i (or such other tribunal that the parties shall agree to decide the matter) , to have been a wrongful refusal on the part of Olympic, then Olympic shall pay all of the City's costs for defense of the faction, including all reasonable expert witness fees and [! reasonable attorneys' fees and the reasonable costs of the City, ;; including reasonable attorneys' fees of recovering under this- ' indemnification clause. i I; 14 - �1 i I ] I Should a court of competent jurisdiction determine that this franchise agreement is subject to RCW 4 .24 . 115, then, in the pk event of liability for damages arising out of bodily injury to h ' persons or damages to property caused by or resulting from the :i concurrent negligence of Olympic and the City, its officers, r employees and agents, Olympic's liability hereunder shall be only p to the extent of Olympic's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Olympic's waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this Section shall survive the �iexpiration or termination of this franchise agreement. Section 15. Insurance. Olympic shall procure and Imaintain for the duration of the franchise, insurance against claims for injuries to persons or damages to property which may ] arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to Olympic, its agents, representatives or employees. Olympic shall provide a copy of ] such insurance policy to the City for its inspection prior to the adoption of this franchise ordinance, and such insurance shall evidence: I 1. Automobile Liability insurance with limits no less than $1, 000, 000 Combined Single Limit per accident for bodily injury and property damage; and 2 . Commercial General Liability insurance policy written on an occurrence basis with limits no less than $2 , 000, 000 Combined Single Limit per occurrence, and $2 , 000, 000 aggregate for personal injury, bodil,.. �'; - 15 - i injury and property damage. Coverage shall include but not be limited to: pollution coverage and cost of cleanup; blanket contractual; products/completed operations; broad form property; explosion, collapse and underground (XCU) ; and Employer's Liability. Any deductibles or self-insured retentions must be declared to and approved by the City. Payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The insurance obtained by Olympic shall name the City, its officers, employees and volunteers as insureds with regard to activities performed by or on behalf of Olympic. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. In addition, the insurance policy shall contain a clause stating that coverage shall apply separately to each insure against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Olympic's insurance shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of Olympic's insurance and shall not contribute with it. The insurance policy or polices required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. - 16 - li I i Section 16. Abandonment of Pipeline or Pipeline Facilities. No pipeline, section of pipeline or pipeline facility may be abandoned by Olympic without the express written consent of ! the City. The City shall not consent to abandonment until Olympic', llprovides an environmental report prepared for this purpose, which , evaluates ground and surface water quality, surrounding soil contamination or pollution of any kind in the area of the proposedl!, , abandonment. If the City approves certain pipeline sections or ' facilities for abandonment, Olympic must comply with all local, (,, state and federal regulations pertinent to abandonment of oil pipelines and associated clean-up activities, including Kent City Ordinance 2718. Section 17. Bond. Before undertaking any of the work, ! improvements, repair, relocation or maintenance authorized by thi- � franchise, Olympic shall, upon the request of the City, furnish a- Ibond executed by Olympic and a corporate surety authorized to do a surety business in the State of Washington, in a sum to be set and (' approved by the Director of Public Works as sufficient to ensure performance of Olympic's obligations under this franchise. The Ibond shall be conditioned so that Olympic shall observe all the lcovenants, terms and conditions and faithfully perform all of the obligations of this franchise, and to erect or replace any idefective work or materials discovered in the replacement of the City's streets or property within a period of two years from the date of the replacement and acceptance of such repaired streets by the City. Section 18 . Modification. The City and Olympic hereby reserve the right to alter, amend or modify the terms and conditions of this franchise upon written agreement of both parties to such alteration, amendment or modification. 17 - I i i i Section 19 . Forfeiture and Revocation. If Olympic willfully violates or fails to comply with any of the provisions of this franchise, or through willful or unreasonable negligence fails to heed or comply with any notice given Olympic under the provisions of this franchise, then Olympic shall, at the election of the Kent City Council, forfeit all rights conferred hereunder and this franchise may be revoked or annulled by the Council after i a hearing held upon reasonable notice to Olympic. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction compelling Olympic to comply with the provisions of this Ordinance and to recover damages and costs incurred by the City by reason of Olympic's failure to comply. l Section 20. Remedies to Enforce Compliance. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Olympic and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 21. Franchise Fee. In consideration of the benefits conferred under this franchise, Olympic shall pay an annual fee to the City in an amount equal to three dollars ($3 .00) per lineal foot of franchise area, which fee shall be increased or decreased each year by the Consumer Price Index for Urban Wage Earners and Clerical Workers for the Seattle-Tacoma area (CPI-W) . The first installment of this fee shall be paid at the time of execution of this franchise ordinance, and each succeeding installment by March 1st, prior to the beginning of the next year 18 - i i ' of the franchise. Interest shall accrue on any late payment at the rate of twelve (12) per cent per annum. Section 22 . City Ordinances and Regulations. Nothing herein shall be deemed to direct the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this franchise, including any reasonable ordinance made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of construction and maintenance of any pipelines or pipeline facilities by Olympic, and Olympic shall promptly conform with all such regulations, unless compliance would cause Olympic to violate other requirements of law. Section 23 . Cost of Publication. The cost of the publication of this Ordinance shall be borne by Olympic. Section 24 . Acceptance. After the passage and approval of this Ordinance and within sixty days after such approval, this franchise shall be accepted by said Grantee by its filing with the City Clerk an unconditional written acceptance thereof. Failure of the Grantee to so accept this franchise within said period of time shall be deemed a .rejection thereof by the Grantee, and the rights and privileges herein granted shall, after the expiration of the sixty day period, absolutely cease and determine, unless the time period is extended by ordinance duly passed for that purpose. Section 25. Survival. All of the provisions, conditions and requirements of Section 7, 14, and 16 of this franchise shall be in addition to any and all other obligations and liabilities Olympic may have to the City at common law, by statute, or by contract, and shall survive the City's franchise to Olympic for - 19 - �r the use of the areas mentioned in Section 1 herein, and any I renewals or extensions thereof. All of the provisions, conditions, regulations and requirements contained in this franchise Ordinance shall further be binding upon the successors and assigns of Olympic and all privileges, as well as all obligations and liabilities of Olympic shall inure to its successors and assigns equally as if they were specifically mentioned wherever Olympic is named herein. Section 26. Right-of-Entry. The City is hereby authorized but not required to enter the premises of Olympic Oil Company, at reasonable times, to inspect the premises to ascertain the accuracy of all representations and warranties, and compliance with all covenants in this franchise. Section 27 . Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid orI unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this franchise Ordinance. In the event that any of the provisions of this franchise are held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant of this franchise and may amend, repeal, add, replace or modify any other provision of this franchise, or may terminate this franchise. Section 28 . Assignment. Olympic may not assign this franchise without the written consent of the City Council of the City, which consent shall not be unreasonably withheld. If such consent is given for assignment of this franchise, acceptance of the assignment by Olympic's successor shall be filed with the City Clerk. i 20 - I i I I Section 29. Notice. Any notice or information required or permitted to be given to the parties under this franchise agreement may be sent to the following addresses unless otherwise specified: City of Kent Director of Public Works 220 4th Ave. S. Kent, WA 98032 Olympic Pipeline Company Attn: W. A. Mulkey P. 0. Box 1800 Renton, WA 98057 Section 30. Effective Date. This Ordinance shall take effect on 611id lC Il or thirty (30) days after its execution; having first been submitted to the Kent City Attorney; having been granted by the approving vote of at least a majority of the City Council at a regular meeting after introduction on ; and after having been published at least once in a newspaper of general circulation in the City of Kent. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK - 21 - i U Kent City Council Meeting Date April 2 1991 Category Other Business 1. SUBJECT: PUGET SOUND REGIONAL COUNCIL (Csoiu�,00 2. SUNKARY STATffiNM Passage of ae-0-rU17r&FGQ pursuant nn RCW 39.34, the Interlocal Cooperation Act, to establish Puget Sound Regional Council. This agreement provides 1r .- regional transportation planning in accordance with fed state law and replaces those functions currently perfor. the interlocal agreement establishing the Puget Sound C4 Governments, which terminates June 1991. In order to m4 federal and state guidelines for grant application prow the agreement must be approved by April 12, 1991. 3 . EXHIBITS: City Attorney memo to Mayor and Council, ordinance, interlocal agreement 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT• NO YES FISCAUPERSONNEL NOTE: Recommended Not Recommended to be determined 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS• 7 . CITY COUNCIL ACTION: ) }� Councilmember moves, Councilmember L�" ►� seconds i'� g0 passage of the authorizing execution of an interlocal agreement creating the Puget Sound Regional Council. DISCUSSION: 1 ACTION• { •, , ' Council Agenda) ;� Item No. O 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 i G. ADMINISTRATIVE REPORTS i MCCARTHY,TONY / KENT70/FN - HPDesk print. ---------------------------------------- ,ject: BUDGET STATUS AND CIP KICKOFF Creator: Tony MCCARTHY / KENT70/FN Dated: 03/26/91 at 1130 . EACH YEAR ABOUT THIS TIME WE PRESENT TO THE COUNCIL A DRAFT BUDGET CALENDAR FOR THE FOLLOWING YEAR'S BUDGET PROCESS. THIS YEAR'S PROCESS ALSO INCLUDES THE CALENDAR FOR THE CAPITAL IMPROVEMENT PROGRAM DONE EVERY OTHER YEAR. THE CALENDARS ARE PRIOR YEAR CALENDARS WITH CURRENT YEAR DATES AND THUS IDENTIFY A PROCESS SIMILIAR TO WHAT WAS FOLLOWED LAST YEAR FOR THE BUDGET AND 2 YEARS AGO FOR THE CIP. LAST YEAR AT THIS TIME WE WERE PROJECTING CONTINUED ECONOMIC GROWTH. THE MOST RECENT ECONOMIC PICTURE IS ONE OF A SLOWED DOWN ECONOMY. TO DEAL WITH THIS REVENUE SLOWDOWN, ADMINISTRATION HAS IMPLEMENTED A HIRING AND CIP SLOWDOWN FOR 1991. THIS SLOWDOWN WILL HOPEFULLY BRING EXPENDITURES WITHIN AVAILABLE REVENUE AND THUS AVOID ANY BUDGET REDUCTIONS. THIS SLOWDOWN HAS AND WILL SAVE FUTURE BUDGET DOLLARS BUT HAS NOT TURNED AROUND THE CITY 'S FINANCIAL FORECAST AT THIS TIME. POSSIBLY OF EVEN GREATER CONCERN IS THE 1992 BUDGET WHICH MUST ACCOMMODATE NEGOTIATED LABOR CONTRACTS, CONTINUED MEDICAL AND LIABILITY INSURANCE INCREASES PLUS OTHER INFLATIONARY COSTS AT A TIME WHEN THE CITY'S REVENUE FORECASTS ARE LEVELING OUT. BASED ON THIS, OUR INITIAL BUDGET DIRECTION TO THE DEPARTMENTS IS TO PLAN ON A HOLD THE LINE BUDGET FOR 1992. THIS HOLD THE LINE BUDGET WILL PROBABLY Te,ORPORATE ONE TIME ONLY TRANSFERS FROM THE CAPITAL IMPROVEMENT FUND LIKE _ 2 $300, 000 TRANSFERED IN THE 1991 BUDGET. IF THE SCENERIO .IS BETTER, THE CAPITAL IMPROVEMENT FUND TRANSFERS WILL BE LESS. IF THE SCENERIO IS WORSE, THE CURRENT HIRING AND CIP SLOWDOWN WOULD CONTINUE INTO NEXT YEAR. AT THIS POINT ANY ADDITIONAL DIRECTION FROM YOU ON THE CALENDAR OR THE PROCEES WOULD BE APPRECIATED. THE HOLD THE LINE BUDGET ASSUMES THAT THERE WILL BE NO NEW PROGRAMS FOR THE COUNCIL TO EVALUATE SO THE USUAL SUMMER BUDGET MEETINGS COULD BE SHORTENED. OTHER OPTIONS COULD BE A SHORTENED LIST OF DEPARTMENTAL PRIORITES PRIMARILY FUNDED WITH OTHER FUNDS OR INCREASED TAXES/FEES AND/OR A DEPARTMENTAL LIST OF PROGRAM REDUCTIONS. WE WILL USE ANY INFORMATION RECEIVED FROM YOU AT THE COUNCIL MEETING TO MODIFY THE CALENDARS AND/OR PROCESSES. CITY OF 1992 COUNCIL BUDGETTCALENDAR COUNCIL RETREAT SESSION 2/28 Current Financial Status and Outlook 4/2 COUNCIL REGULAR Review 1992 Budget & CIP Calendar/Process Preliminary 1992 and beyond Financial Forecast COUNCIL WORKSHOP 5/7 1st Quarter Financial Report Update 1992 Budget Process COUNCIL COMMITTEES 6/3 - 7/12 Review Departmental programs, goals and 1992 Budget Objectives DEPARTMENTS MEET WITH ADMINISTRATION (Council invited) 7/15 - 7/26 Review 1992 budget request COUNCIL REGULAR 7/16 Public Hearing on 1992-1997 CIP Proposed Public Use Hearing on 1992 Budget priorities 8/6 COUNCIL REGULAR Adopt 1992-1997 CIP COUNCIL WORK SESSION (8:00 A.M. - 5:00 P.M.) 8/8 2nd Quarter Financial Report Updated Financial Forecast Council to Prioritize 1992 Budget Objectives COUNCIL WORKSHOP AND MEETING 9/3 Results of Council Prioritization of Budget Objectives Proposed Public Use Hearing on Budget Receive Council Balancing Instructions 9/17 COUNCIL WORKSHOP Budget update of implementing 1992 Budget Objectives 10/15 COUNCIL WORKSHOP Review 3rd Quarter Financial Report Overview of Preliminary 1992 Budget COUNCIL WORKSHOPS 10/16 - 11/12 Review 1992 Preliminary Budget 11/5 COUNCIL REGULAR Public Hearing on 1992 Budget 11/19 COUNCIL REGULAR Adoption of Budget and Tax Levy Ordinance 12/3 COUNCIL REGULAR Adoption of the Final Adjustments for 1991 Z 1992 - 1997 CAPITAL IMPROVEMENT PROGRAM REVISED CALENDAR OF EVENTS 3/25/91 MEET WITH PLANNING TO DISCUSS CIP COORDINATION 2/7 DISTRIBUTE CALENDAR & OLD QUESTIONAIRE a DEPARTMENT HEAD MEETING 2/11 2/20 DISCUSS CIP PROCESS AT IBC MEETING /25 DISTRIBUTE PROJECT DESCRIPTION SHEETS IN REVISED FORMAT 2/25-2/15 DEPARTMENTS COMPLETE PROJECT DESCRIPTION SHEETS 4/1 PREPARE PRELIMINARY CIP REVENUE FORECAST 4/2 DISCUSS CIP PROCESS WITH COUNCIL AT WORKSHOP 4/8 FINALIZE CIP QUESTIONAIRE & PROCESS AT DEPARTMENT HEAD MEETING 4/30 MAIL CIP QUESTIONAIRES PLANNING REVIEWS ?ROJECT DESCRIPTION SHEETS FOR CONCURRANCY 4/15-5/15 FINANCE PREPARES 5 YEAR REVENUE & EXPENSE PLAN AS REQUESTED 5/15-5/30 15 COMMUNITY MEETING:3 HELD REVIEW QUESTIONAIRE, MEETING AND FUNDING OPTIONS WITH COUNCIL 6/18 7/16 PRESENT BALANCED 1992-1997 CIP TO COUNCIL 8/6 ADOPT 1992 -1997 CIP CAPITAL IMPROVEMENT PROGRAM SURVEY/QUESTIONNAIRE At the 1991 City Council retreat the Council developed a list of target issues.The capital related target issues along with other issues from previous CIP questionaires and issues that have come up in various community meeting are listed below for your evaluation. Next to each statement, circle the number which best reflects your sentiments, 5 meaning you agree with the statement, 1 meaning you disagree. Please indicate by circling "yes" or"no" whether you would be willing to support a tax or fee increase to help accomplish the task. SUPPORT AGREE DISAGREE TAX FEE IMPROVE TRANSPORTATION SYSTEM East-West arterials needed 5 4 3 2 1 yes no yes no North-South arterials needed Commuter rail needed Better bus service needed 64th Avenue completion needed Pavement repair needed Other/Comments DOWNTOWN AND COMMUNITY REVITALIZATION Cultural/Performing Arts and Convention Center needed 2 Separate Kent Municipal Court needed Downtown parking facilities needed O W Downtown pedestrian walkways (midblock) needed Historic preservation funding needed Other/Comments ENHANCE COMMUNITY SAFETY .Expansion of Police facilites needed City Correctional facility expansion needed ,Continued public safety automation and communication needed Emergency fire apparatus and equipment needed Equipment for fire facilities &Training Center needed ,Fire facility for building and grounds maintenance needed Other/Comments EXPAND RECREATIONAL OPPORTUNITIES East hill park development needed Interurban trail development needed Green River Trail improvements needed Clerk Lake park acquisition needed Ice skating facility needed Skateboard facility needed Additional outdoor athletic complex needed Additional indoor recreation facility needed Revitalize and update existing parks needed Additional parking at parks and park facilities needed Other/Comments HUMAN SERVICES COMMITMENT f Senior housing project completion needed r Housing opportunities for lower income families needed Emergency and transitional housing needed Enhance city employee productivity through automation and training Other/Comments PRESERVE NATURAL ENVIRONMENT Preservation of streams and wetlands needed Preservation of critical wildlife needed Preservation of farmlands and open space needed Improved storm drainage needed Expanded recycling program needed Other/Comments 0 � _ D � o Y cc qJ LL W E E Tm tiol� WQ >t � � ¢(i $�� Svi � 11 ScYoH L S E Y J O m v ;:3 U.N O o c' i,E A Ca-tt Soe tw1�X' EEO � LL �' � aT" h LL .U > t'�,•:.S�Nr�1�ot�.�.lirC a V V IL Q rn ff E 'efi 5 i, w l� �ooU 1,"ke C y }W — c d d J xv m > U 8 c 3 `cy v m U a Ew y.N -na CAPITAL IMPROVEMENT PROGRAM SURVEY/QUESTIONNAIRE At the 1991 City Council retreat the Council developed a list of target issues.The capital related target issues along with other issues from previous CIP questionaires and issues that have come up in various community meeting are listed below for your evaluation. Next to each statement,circle the number which best reflects your sentiments,5 meaning you agree with the statement, 1 meaning you disagree.Please indicate by circling"yes"or"no"whether you would be willing to support a tax or fee increase to help accomplish the task. SUPPORT AGREE DISAGREE TAX FEE IMPROVE TRANSPORTATION SYSTEM h` East-West arterials needed ^ \\U 5 4 3 2 1 yes no yes no North-South a e needed Commuter railit needed O 0 W Better hue service needed D 64th Avenue completion needed Pavement repair needed Other/Comments DOWNTOWN AND COMMUNITY REVITALIZATION Cultural/Performing Arts and Convention Center needed Separate Kent Municipal Court needed Downtown parking facilities needed . Downtown pedestrian walkways(midblock)needed Historic preservation funding needed Other/Comments ENHANCE COMMUNITY SAFETY Expansion of Police facilitea needed City Correctional facility expansion needed Continued public safety automation and communication needed Emergency fire apparatus and equipment needed Equipment for fire facilities&Training Center needed Other/Comments EXPAND RECREATIONAL OPPORTUNITIES East hill park development needed Interurban trail development needed Green River Trail improvements needed Clark Lake park acquisition needed lea skating facility needed . Skateboard facility needed Additional outdoor athletic complex needed Additional Indoor recreation facility needed Revitalize and update existing parks needed Additional parking at parka and park facilities needed Other/Comments HUMAN SERVICES COMMITMENT Senior housing project completion needed Housing opportunities for lower income families needed Emergency and transitional housing needed Enhance city employee productivity through automation and training Other/Comments PRESERVE NATURAL ENVIRONMENT Preservation of streams and wetlands needed Preservation of critical wildlife needed Preservation of farmlands and open space needed Improved storm drainage needed Expanded recycling program needed Other/Comments If Increased taxes are needed to help pay for Improvements,which local tax would you find least objectionable? O Property Tax ❑Utility Tax ❑Special Assessments ❑ Other Other/Comments Please check the box where your home Is located? 0 West Hill ❑ East Hill ❑ Valley Floor Return with your utility bill or hand deliver It to the City of Kant Flnanca Department, City Hall,220 4lh Ave.So.,Kant,WA 98032. PROPERTY TAXES ,00 �- e�eaa Actual 80% 70 60% so% ao PROPERTY TAX 00 ACTUAL S 68,302 BUDGET 8,619,411 20x EST ACT 7,589,089 10X PROJ VAR (1,030,322) 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC % OF YEAR 8.3% 16.7% 25.0% 33.3% 41.7.E 50.0% 58.3% 66.7/, 75.0% 83.3% 91.7/ 100.0% BUDGET 0.3% 0.9% 2.0% 23.9% 51.5% 52.0% 52.1% 52.8% 53.3% 76.7% 99.1% 100.0% ACTUAL 0.4% 0.8% EST ACT 144.7/ 88.0% SALES AND USE TAX ,0p va0 80% 70 80% so% qp SALES & USE TAX 00 ACTUAL $ 2,080,960 BUDGET 9,726,668 20% EST ACT 9,167,223 PROJ VAR (559,445) ,0% 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC % OF YEAR 8.3% 16.7% 25.0% 33.3% 41.7/ 50.0% 58.3% 66.7/ 75.0% 83.3% 91.7%, 100.0% BUDGET 7.6% 15.1% 22.7/ 30.2% 38.7'/. 47.1% 56.1% 65.3% 73.6% 81.9% 90.8% 100.0% ACTUAL 6.8% 13.3% 21.4% EST ACT 89.0% 88.3% 94.2% "a �,1 I� 9a �. `� P�do✓� UTILITY TAXES ,10 Budget -»E 100% Aaual so 60 7o% BO UTILITY TAX so ACTUAL $ 794,027 40x BUDGET 3,473,571 EST ACT 3,551,737 so PROJ VAR 78,166 20 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC % OF YEAR 8.3% 16.T/ 25.0% 33.3% 41.T/ 50.0% 58.3% 66.T/. 75.0% 83.3% 91.7*/ 100.0% BUDGET 21.2% 22.4% 23.5% 48.8% 50.3% 51.4% 73.9% 74.5% 76.77 97.7% 99.0% 100.0% ACTUAL 22.6% 22.9% EST ACT 107.0% 102.3% BUILDING PERMITS 100 Budget Ile- g0 Aaual Fm(lr� 70 654BUILDING PERMITS Op ACTUAL $ 27,404 BUDGET 541,500 lox EST ACT 202,349 PROJ VAR (339,151) 10% 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC % OF YEAR 8.3% 16.7% 25.0% 33.3% 41.7% 50.0% 58.3% 66.7'/ 75.0% 83.3% 91.T/ 100.0% BUDGET 7.7*/ 13.5% 21.8% 30.1% 37.8% 47.8% 57.0% 66.3% 81.6% 90.4% 95.5% 100.0% ACTUAL 2.3% 5.1% EST ACT 30.1% 37.4% RECREATION FEES 100 Budget -)1e- Go Ao ual 80X 70 60% SO% 40 RECREATION FEES 30 ACTUAL $ 76,481 BUDGET 983,007 20% EST ACT 782,129 PROJ VAR (200,878) 10% 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC % OF YEAR 8.3% 16.T/ <5.0% 33.3% 41.7/ 50.0% 58.3% 66.7% 75.0% 83.3% 91.70A 100.0% BUDGET 5.5% 9.8% 23.6% 36.9% 42.9% 52.7/ 60.1% 70.3% 77.2% 80.8% 89.3% 100.0% ACTUAL 4.8% 7.8% EST ACT 86.6% 79.6% WATER REVENUE 100 Budges -i1F- g0 Rdual 60% 70 60% 60% WATER REVENUE 40 30 ACTUAL $ 964,142 BUDGET 7,335,600 20% EST ACT 7,978,213 PROJ VAR 642,613 to% 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV D % OF YEAR 8.3% 16.7/ 25.0% 33.3% 41.T/ 50.0% 58.3% 66.7% 75.0% 83.3% 91.7/ 100.0% BUDGET 5.9% 12.1% 17.8% 24.6% 32.5% 42.0% 49.97 58.2% 68.7% 76.0% 85.2% 100.0% ACTUAL 7.2% - EST ACT 123.0% O SEWER AND DRAINAGE REVENUE 100 e�aa« ao -�- AR�eI 80% 70 60X SoX 40 SEWER 8 DRAINAGE REVENUE 00 ACTUAL $ 1,617,853 lox BUDGET (1) 10,981,400 EST ACT 10,239,663 tox PROJ VAR (741,737) 0 JAN FES MAR APR MAY JUN JUL AUG SEP OCT NOV DEC % OF YEAR 8.3% 16.7/ 25.0% 33.3% 41.7'/ 50.0% 58.3% 66.7/ 75.0% 83.3% 91.7/ 100.0% BUDGET 8.2% 15.8% 24.0% 33.4% 41.8% 49.8% 60.0% 68.0% 77.1% 86.1% 91.8% 100.0% ACTUAL 8.3% EST ACT 100.3% GOLF COURSE REVENUE 100 -dq- go%- 80%- 70yl- 80%- so%- 40%- GOLF COURSE REVENUE 00 ACTUAL $ 259,648 20x BUDGET 2,957,711 EST ACT 3,461,973 10X PROJ VAR 504,262 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC % OF YEAR 8.3% 16.7/ 25.0% 33.3% 41.7/ 50.0% 58.3% 66.7/ 75.0% 83.3% 91.7% 100.0% BUDGET 2.8% 7.5% 15.8% 25.4% 36.6% 50.3% 63.9% 78.8% 89.1% 94.9% 97.9% 100.0% ACTUAL 3.1% 8.8% EST ACT 109.4% 117.0% 1 EXHIBIT E GENERAL FUND TOTAL REVENUE ,00 8.dga so +c- A4aal aox 70 00% SO% 40 GENERAL FUND REVENUE 00 ACTUAL $ 2,024,729 20x BUDGET 31,149,672 EST ACT 29,124,943 10x PROJ VAR (2,024,729) 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC % OF YEAR 8.3% 16.7/. 25.0% 33.3% 41.7% 50.0% 58.3% 66.77A 75.0% 83.3% 91.7X 100.0% BUDGET 7.0% 10.8% 15.5% 29.1% 41.3% 48.8% 57.1% 61.8% 67.0% 80.7% 91.3% 100.0% ACTUAL 6.5% EST ACT 93.5% GENERAL FUND TOTAL EXPENDITURES ,00 Budgat 00 A4ual E0% 70 00% SO% 40 GENERAL FUND EXPENDITURES so ACTUAL S 2,645,524 BUDGET 32,887,388 20% EST ACT 31,448,741 PROJ VAR 1,438,647 ,0% 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC % OF YEAR 8.3% 16.7X 25.0% 33.3% 41.7X 50.0% 58.3% 66.7/. 75.0% 83.3% 91.7% 100.0% BUDGET 8.4% 15.5% 23.4% 31.4% 39.4% 48.6% 56.5% 64.8% 72.5% 80.9% 90.2% 100.0% ACTUAL 8.0% EST ACT 95.6% I O CITY OF KENT EXHIBIT F CURRENT BUDGET ANALYSIS AND FORECAST GENERAL FUND 1991 --------------------------------------- Adjusted Adjustments Estimated Budget Fav (Unfav) Actual --------------------------------------------------------------------------- REVENUES Taxes: Property 8,619,411 8,619,411 Sales 9,726,668 (559,445) 9,167,223 Utility 3,473,571 78,166 3,551,737 Other 511,881 511,881 Licenses and permits 787,600 (339,151) 448,449 Intergovernmental revenue 4,072,039 55,815 4,127,854 Charges for services 1,623,473 (200,878) 1,422,595 Fines and forfeitures 667,700 667,700 Interest income 780,000 780,000 Miscellaneous revenue 587,329 587,329 --------- ---------- ---------- TOTAL REVENUES 30,849,672 (965,493) 29,884,179 EXPENDITURES Salaries & wages 19,039,643 369,982 18,669,661 Benefits 4,355,212 84,631 4,270,581 Supplies 1,476,007 1,476,007 Services & charges 10,790,696 126,621 10,664,075 Capital outlay 155,349 155,349 Cost Allocation (3,043,245) (3,043,245) ---------- ---------- ---------- TOTAL EXPENDITURES 32,773,662 581,234 32,192,428 REVENUES OVER (UNDER) EXPENDITURES (1,923,990) (384,259) (2,308,249) TRANSFERS IN FROM (OUT TO): Special revenue 258,482 258,482 Other operating projects (41,558) (41,558) other capital projects (30,650) (30,650) ---------- ---------- ---------- TOTAL NET TRANSFERS IN AND (OUT) 186,274 186,274 INCREASE (DECREASE) IN FUND BALANCE (1,737,716) (384,259) (2,121,975) BEGINNING FUND BALANCE 3,737,716 (286,492) 3,451,224 ENDING FUND BALANCE Reserved 2,000,000 2,000,000 Unreserved (670,751) (670,751) ---------- ---------- ---------- Total 2,000,000 (670,751) 1,329,249 lI * BUDGET SAVINGS STEPS IN PLACE DUE TO ECONOMIC SLOWDOWN PROJECTED EXPENDITURE UNDER BUDGET FUND BALANCE RANGE BUDGET SAVING STEPS SALARY SAVINGS GENERAL FUND SALARY AND BENEFITS 23,394,855 GREATER THAN 1,500,000 NO BUDGET RESTRAINTS GENERAL FUND BUDGETED FTE'S 470 1,500,000 TO 500,000 HIRING AND CIP SLOWDOWN AVERAGE MONTHLY COSTS 4,148 500,000 TO -500,000 HIRING AND CIP FREEZE GENERAL FUND FTE'S PAID 3/15 439 -500,000 TO -1,500,000 8% REDUCTION IN FORCE SALARY SAVINGS AT 3/15 321,472 -1,500,000 TO -2,500,000 ADD'L REDUCTION IN FORCE OTHER BUDGETARY SAVINGS SALARY AND BENEFIT SYSTEM CONTINGENCY 133,141 LIBRARY ASSESSED VALUATION SAVINGS 126,621 TOTAL SAVINGS 581,234 I � CITY OF KENT EXHIBIT F CURRENT BUDGET ANALYSIS AND FORECAST GENERAL FUND 1991 Adjusted Adjustments Estimated 1992 Budget Fav (Unfav) Actual Forecast REVENUES Taxes: Property 8,619,411 8,619,411 9,567,546 Sales 9,726,668 (559,445) 9,167,223 9,717,256 Utility 3,473,571 78,166 3,551,737 3,906,911 Other 511,881 511,881 563,069 Licenses and permits 787,600 (339,151) 448,449 448,449 Intergovernmental revenue 4,072,039 55,815 4,127,854 4,581,918 Charges for services 1,623,473 (200,878) 1,422,595 1,422,595 fines and forfeitures 667,700 667,700 734,470 Interest income 780,000 780,000 780,000 Miscellaneous revenue 587,329 587,329 587,329 —-------- ---------- ---------- ---------- TOTAL REVENUES 30,849,672 (965,493) 29,884,179 32,309,543 EXPENDITURES Salaries & wages 19,039,643 369,982 18,669,661 19,931,632 Benefits 4,355,212 84,631 4,270,581 4,688,859 Supplies 1,476,007 1,476,007 1,617,704 Services & charges 10,790,696 126,621 10,664,075 12,508,960 Capital outlay 155,349 155,349 Cost Allocation (3,043,245) (3,043,245) (3,394,471) ---------- ---------- ---------- ---------- TOTAL EXPENDITURES 32,773,662 581,234 32,192,428 35,352,684 REVENUES OVER (UNDER) EXPENDITURES (1,923,990) (384,259) (2,308,249) (3,043,141) TRANSFERS IN FROM (OUT TO): Special revenue 258,482 258,482 258,482 other operating projects (41,558) (41,558) (41,558) Other capital projects (30,650) (30,650) (30,650) ---------- ---------- ---------- ---------- TOTAL NET TRANSFERS IN AND (OUT) 186,274 186,274 186,274 INCREASE (DECREASE) IN FUND BALANCE (1,737,716) (384,259) (2,121,975) (2,856,867) BEGINNING FUND BALANCE 3,737,716 (286,492) 3,451,224 1,329,249 ENDING FUND BALANCE Reserved 2,000,000 2,000,000 2,000,000 Unreserved (670,751) (670,751) (3,527,618) ---------- ---------- ---------- ---------- Total 2,000,000 (670,751) 1,329,249 (1,527,618) 13 CITY OF KENT EXHIBIT G CURRENT BUDGET ANALYSIS AND FORECAST CAPITAL IMPROVEMENT FUND - 1991 ------------------------------------------------ Adjusted Adjustments Estimated 1992 Budget Fav (Unfav) Actual Forecast . REVENUES Taxes: Sales & Use Tax 3,242,223 (186,482) 3,055,741 3,239,085 Real Estate Excise 500,000 500,000 550,000 Interest 90,000 90,000 90,000 Miscellaneous Revenue 23,540 23,540 25,668 TOTAL REVENUES 3,855,763 (186,482) 3,669,281 3,904,753 OTHER FINANCIAL SOURCES: Proceeds from Bonds EXPENDITURES (TRANSFERS) operating Transfer to General Fund 300,000 300,000 Debt Service 2,146,405 2,146,405 1,976,249 Capital Projects: Parks Projects: City Arts Program (Murals) 50,000 50,000 K C Air Conditioner 50,000 50,000 Lights @Russ Rd #2 70,000 70,000 Parks Grant Matching 200,000 200,000 Other Projects: Building Renovation 100,000 100,000 100,000 Equipment Reptacemnt 100,000 100,000 100,000 old Library Remodel 200,000 (500,000) 700,000 Burn Tower 350,400 350,400 Fire Dept Assist. Chief Vehicle 21,600 21,600 Parks Flatbed 21,000 21,000 Parks Mower 43,150 43,150 Fuel Storage Facility 35,000 35,000 Mobile Radio Project 133,000 133,000 Centennial Bldg Furniture 210,180 210,180 Central Services Fund: City Automation/Telephone 537,000 537,000 Accounting Software 40,000 40,000 Computer Data Storage 57,210 57,210 TOTAL EXPENDITURES (TRANSFERS) 4,664,945 (500,000) 5,164,945 2,176,249 INCREASE (DECREASE) IN FUND BALANCE (809,182) (686,482) (1,495,664) 1,728,504 BEGINNING FUND BALANCE 1,347,404 184,734 1,532,138 36,474 ENDING FUND BALANCE Reserved For Capital Expenditures 450,000 450,000 450,000 Unreserved: 88,222 (501,748) (413,526) 1,314,978 Total Ending Fund Balance 538,222 (501,748) 36,474 1,764,978 1 Q- CITY OF KENT EXHIBIT G CURRENT BUDGET ANALYSIS AND FORECAST STREET FUND 1991 -------------------------------------------------- Adjusted Adjustments Estimated 1992 Budget Fav (Unfav) Actual Final REVENUES Intergovernmental Revenue: Fuel Tax - Unrestricted 1111 656,767 656,767 729,011 Fuel Tax - Restricted 1120 308,506 308,506 342,442 Motor Vehicle Registration Fee 161,000 161,000 178,710 TOTAL REVENUES 1,126,273 1,126,273 1,250,163 EXPENDITURES (TRANSFERS) Debt Service 97,225 97,225 97,401 Street Projects: Canyon Dr Hazard 200,000 200,000 Row Acq-228TH & 64TH 161,000 161,000 EVH 192D-180TH (189) 250,000 250,000 400,000 Railroad Crossing Improvements 120,000 120,000 192/196/200 Corridor Feasibility 100,000 (260,000) 360,000 1,000,000 Traffic Safety Ntmp Devices 50,000 (30,000) 80,000 Traffic Island -76TH & 212TH 50,000 50,000 Military & Reith Rds 50,000 50,000 Reith Road & SR 516 15,000 15,000 TOTAL EXPENDITURES (TRANSFERS) 1,093,225 (290,000) 1,383,225 1,497,401 INCREASE (DECREASE) IN FUND BALANCE 33,048 (290,000) (256,952) (247,238) BEGINNING FUND BALANCE 317,317 (24,707) 292,610 35,658 ENDING FUND BALANCE 350,365 (314,707) 35,658 (211,580) I� GENERAL FUND PERCENT CHANGE IN BUDGET BY REVENUE SOURCE 1987 1988 1989 1990 1991 Average Projected Actual Actual Actual Actual Est Act Increase Increase REVENUES Taxes Property 5,489,290 6,311,417 6,869,350 7,690,276 8,619,411 % Change 9.20% 15.0% 8.8% 12.0% 12.1% 11.4% 11.0% Sales 5,915,458 6,367,300 7,612,495 8,733,012 9,167,223 % Change 6.1% 7.6% 19.6% 14.7% 5.0% 10.6% 6.0'/ Utility 1,645,093 2,478,722 3,007,878 3,173,740 3,551,737 % Change -0.3% 50.7% 21.30% 5.5% 11.90% 17.8% 10.0% Other 290,439 386,867 448,865 463,724 511,881 % Change 31.3% 33.2'/ 16.0% 3.3% 10.4% 18.8% 10.00/0 Licenses and Permits 662,507 702,111 770,856 731,112 44%449 % Change 9.9'/ 6.0% 9.81/0 -5.20% -38.7% -3.6% Intergovernmental 2,558,205 2,839,973 2,932,806 3,835,007 4,072,039 % Change 10.5% 11.00/ 3.3% 30.8% 6.2% 12.3% 11.0% Charges for Services 1,179,505 1,295,180 1,454,744 1,454,553 1,422,595 % Change 13.6% 9.8% 12.3% -0.01/. -2.2% 6.7% Fines and Forfeitures 476,546 551,907 483,357 646,892 667,700 % Change 24.4% 15.8% -12.4% 33.80% 3.20% 13.0% 10.01% Interest Income 705,748 738,176 885,142 1,111,504 780,000 Change 3.8'/ 4.60% 19.90/0 25.60% -29.8% 4.8% Miscellaneous Revenue 489,378 524,272 544,501 604,310 587,329 % Change 10.5% 7.1% 3.93/ 11.00/. -2.83/ 5.90/0 Total 19,412,169 22,195,925 25,009,994 28,444,130 29,828,364 % Change 8.20% 14.30/. 12.7% 13.7% 4.9% 10.80/0 FUND BALANCE Revenue Over Collection 2.3% 6.6% 7.4% 4.1% 5.1% 4.0% Expenditure Under Budget 2.4% 0.1% 1.20A 1.3% 1.2% 1.00% GENERAL FUND PERCENT CHANGE IN BUDGET BY OBJECT CODE 1987 1988 1989 1990 1991 Average Projected Actual Actual Actual Actual Est Act Increase Increase Salaries and Wages 11,314,229 12,732,170 14,381,432 16,251,390 18,669,661 % Change 13.50% 12.5% 13.0'% 13.00% 14.9% 13.4% 6.8%* Benefits 2,281,096 2,512,180 2,858,012 3,366,475 4,270,581 % Change 13.5% 10.1% 13.8% 17.80% 26.9% 16.4% 9.8%* Supplies 11000,511 1,107,207 1,176,964 1,405,190 1,476,007 % Change 7.0% 10.7% 6.3% 19.40% 5.0% 9.7% 9.60% Services and charges 5,797,067 6,465,147 7,684,201 8,727,422 10,664,075 % Change 19.3% 11.5% 18.9% 13.6% 22.20% 17.1% 17.3% Capital outlay 150,741 184,054 174,535 198,877 155,349 50.00% 22.1% -5.2'/. 13.9% -21.9% 11.81/0 Subtotal 20,543,644 23,000,758 26,275,144 29,949,354 35,235,673 % Change 13.5% 12.0% 14.2'0 14.0% 17.7% 14.3% Cost allocation (1,539,739)(1,695,261)(1,969,108)(2,463,892)(3,043,245) % Change 15.90% 10.1% 16.20% 25.1% 23.5% 18.1% 11.51/0* Subtotal 19,003,905 21,305,497 24,306,036 27,485,462 32,192,428 % Change 13.3% 12.1% 14.1% 13.1% 17.1% 13.90% 17.1% Transfers 892,134 265,685 339,668 488,931 186,274 Grand Total 19,896,039 21,571,182 24,645,704 27,974,393 32,378,702 Positions 346 373 401 436 455.5 % Change 4.5% 7.8% 7.59% 8.7% 4.50% 6.6% * For projection used the average increase rate less the average increase in position growth. GOVERNMENTAL FUND FORECAST GENERAL, SPECIAL REVENUE AND DEBT SERVICE FUNDS Revenues by Source and Expenditures by Object Four Year Forecast 1991 1992 1993 1994 Est Act Forecast Forecast Forecast REVENUES Taxes: 11.036 Property 10,033,286 11,136,947 12,362,011 13,721,832 6.03A Sales and Use 12,222,964 12,956,342 13,733,723 14,557,746 10.0% Utility 3,749,371 4,124,308 4536,739 4,990,413 10.0% Other 2,939,361 31233,297 3:556,627 3,912,290 Licenses and Permits 448,449 448,449 448,449 448,449 11.0% Intergovernmental 5,702,681 6,329,976 7,026,273 7,799,163 Charges for Services 1,422,595 1,422,595 1,422,595 1,422,595 10.0'% Fines and Forfeitures 667,700 734,470 807,917 888,709 Interest Income 2,154,126 2,154,126 2,154,126 2,154,126 Miscellaneous Revenue 610,869 610,869 610,869 610,869 Total Revenues 39,951,402 43,151,379 46,659,329 50,506,192 Operating Expenditures 6.8% Salaries & Wages 19,248,010 20,549,074 21,938,083 23,420,982 9.8'1 Benefits 4,417,381 4,850,038 5,325,071 5,846,631 9.6% Supplies 1,493,822 1,6373229 1,794,403 1,966,666 17.3'% Services & Charges 11,189,991 13,125,859 15,396,633 18,060,251 Capital Outlay 556,713 Debt Service 6,611,253 6,116,211 6,856,978 6,812,860 11.51/1 Cost Allocation (2,989,274) (3,334,270) (3,719,083) (4,148,308) Total Operating Expenditures 40,527,896 42,944,141 47,592,085 51,959,082 Revenue Over ( Under) Expenditures (576,494) 207,238 (932,756) (1,452,890) Other Financial Sources (Uses) Operating Transfers In (Out) 222,600 140,000 140,000 140,000 Capital Project Transfers Out (2,980,958) (1,600,000) (1,833,000) (2,120,000) Increase ( Decrease) In Fund Balance (3,334,852) (1,252,762) (2,625,756) (3,432,890) 5.0% Beginning Fund Balance * 7,782,889 4,448,037 5,289,609 4,937,577 Ending Fund Balance 8.0'% Reserved For Contingency 2,450,000 2,946,234 3,258,809 3,611,698 Reserved For Debt Service 1,484,735 1,373,560 1,539,919 1,530,011 Reserved For Envirorr ental Mitigation 250,000 250,000 250,000 250,000 Unreserved 263,302 (1,374,519) (2,384,875) (3,887,022) Total Ending Fund Balance 4,448,037 3,195,275 2,663,853 1,504,687 Percent of Operating Expenditures 7.22% 8.000% 8.00% 8.000% 4.0% * Revenue Overcollection added to Beginning Fund Balance 1.0% Underexpenditure added to Beginning Fund Balance OPERATIONS COMMITTEE MINUTES March 12, 1991 COUNCIL MEMBERS PRESENT: Christi Houser Jon Johnson Paul Mann STAFF PRESENT: Jim Hansen Charlie Lindsey Roger Lubovich Kelli O'Donnell The meeting was called to order at 4:55 p.m. by Chairperson Christi Houser. Approval of Vouchers All claims for the period ending February 28, 1991 were approved for payment in the amount of $1,071,456.55. Centennial Center Furniture Bid Customer Services Manager Lindsey presented the Committee with the recommendations of the selection committee for-the award of the Centennial Center Furniture bid. If the recommended bid is accepted, the project will be completed with a remaining budget of $10,260.38 for possible contingencies. The selection committee,consisting of representatives from three departments,felt Turnkey had the best quality product for the price as well as meeting noise reduction and other requirements as specified. He also informed the Committee that Interior Woods had voiced a complaint over not being selected. While it could be argued that they had a better product, the bid was also over $90,000 more than the recommended bid. He had informed Interior Woods that they could address the Operations Committee if they wished. After further discussion, City Attorney Lubovich noted that the City had justification for choosing the second lowest bid which met the minimum quality levels needed. Committeemember Mann moved we accept the bid from.Turnkey and express the Citys thanks to the selection committee. After clarification that the primary bid in the amount of$272,964.41 which provides for products as formaldehyde free as possible was recommended, Committeemember Johnson seconded the motion. ' The motion passed with a vote of 3-0. Community Donations to Drinking Driver Task Force Assistant City Administrator Hansen noted that a representative from the Drinking Driver Task Force could not be at the meeting but the list of donations for July 1990 through December 1990 attached to the agenda was to inform the Council of the variety of support from the community received by the DDTF. The meeting was adjourned at 5:10 by Chairperson Houser.