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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 05/21/1991 I X P3 CityofKent r� City 0 Meeting Council y�b Agenda CITY OF LL92 U,9w Mayor Dan Kelleher Council Members Judy Woods, President Steve Dowell Paul Mann Christi Houser Leona Orr Jon Johnson Jim White May 21 , 1991 Office of the City Clerk CITY COUNCIL MEETING VC May 21, 1991 Summary Agenda COUNCILMEMBERS: Judy Woods, President Steve Dowell Christi Houser Jon Johnson Paul Mann Leona Orr Jim White City of Kent Council Chambers Office of the City Clerk 7: 00 p.m. NOTE: An explanation of the agenda format is given on the back of this page. ✓CALL TO ORDER ✓ROLL CALL A. ✓PUBLIC COMMUNICATIONS ✓A. Salmon Enhancement Program ✓B. Police Chief Presentation ✓C. Proclamation - Public Works Week - Display in Lobby ✓D. Proclamation - Law Enforcement Torch Run 2 . PUBLIC HEARINGS A. Shoreline Master Program Amendments J3 . CONSENT CALENDAR ✓ Minutes ✓B. Bills ✓C. Sale of Real Property - Walkers Acres ✓D. Metro Sewage Disposal Agreement A. LID 336 - Final Assessment Roll ✓F. Mobile Data Terminal System Agreement ✓G. Interlocal Agreement - Communications Equipment ✓H. van Doren's Landing Segregation ✓I. Bill of Sale - Meridian Ridge Apartments ✓J. Parking - Gowe Street - Ordinance �g4733 ✓K. Cornucopia Days Street Closure - Ordinances 44 . OTHER BUSINESS ✓1-. WA Replacement ✓5. BIDS ✓ A. City Hall Remodel - Phase I ✓B. Manganese Water Treatment Facility ✓C. Closed Circuit TV System 6. CONTINUTED COMMUNICATIONS ✓7. REPORTS - 1992 Budget Update ✓8. ADJOURNMENT PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. { A) Salmon EnhancL4"Program B) Police Chief Presentation C) Proclamation - Public Works Week - Display in Lobby D) Proclamation - Law Enforcement Torch Run v ij'� yn Kent City Council Meeting Vi Date May 21, 1991 Category Public Hearinas J v 1. SUBJECT: KENT SHORELINE MASTER PROGRAM AMENDMENTS 2 . SUMMARY STATMUM: This public hearing will consider proposed amendments to the Kent Shoreline Master Program as recommended by the Planning Commission at their April 22, 1991 meeting. 3 . EXHIBITS: Memo, Summary of Amendments, Kent Shoreline Master Program Amendments, Added Amendments, Planning Commission minutes of 4/22/91. 4. RECOMMENDED BY: Planning Commission (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended A VvDITDITURE REQUIRED: $ N/A 2CE OF FUNDS: ►RING: v: INPUT: TARING: COUNCIL ACTION: Ar I..,..icilmember moves, Councilmember seconds to accept/ a ntex"i-fy the Planning Commission's recommendation to approve the Kent Shoreline Master Program Amendments and direct the City Attorney to prepare the resolution of intention to adopt the amendments as required by the State Department of Ecology. DISCUSSION• ACTION• Council Agenda Item No. 2A✓ Kent City Council Meeting Date 5-21-91 Category—Public Hearing_ SUBJECT: Kent Shoreline Master Program Amendments SUMMARY STATEMENT. This public hearing will consider proposed amendments to the Kent Shoreline Master Program as recommended by the Planning Commission at their April 22, 1991 meeting. EXHIBITS: Memo, Summary of Amendments, Kent Shoreline Master Program Amendments, Added amendments, Planning Commission Minutes of April 22, 1991 RECOMMENDATION OF: Planning Commission (Planning Committee, Staff, H. E. , Commission etc. ) EXPENDITURE REQUIRED: $_N/A SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Council member seconds To accept/reject/modify the Planning Commission's recommendation to approve the Kent Shoreline Master Program Amendments and direct the City Attorney to prepare the Resolution of Intention to Adopt the amendments as required by the State Department of Ecology. Discussion: Action: Agenda.521 CITY OF 'ZILU22�� CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM May 21, 1991 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: PLANNING COMMISSION RECOMMENDATION TO AMEND THE KENT SHORELINE MASTER PROGRAM. On April 22, 1991, the Planning Commission approved a number of amendments to Kent's existing Shoreline Master Program. The Planning Commission is now recommending these amendments to the Council for their action. Since the Shoreline Master Program was last amended in 1981, numerous changes have taken place in the City that makes the document out of date. In addition there are areas of the plan that are inconsistent with State standards and there are administrative areas that need upgrading. The City received a grant from the State Department of Ecology to aid in the work of reviewing and modifying the program. The Planning Department worked with a citizens advisory committee to come up with proposals that will update the program to meet State standards, eliminate conflicts in existing use regulations and add sections on administration and enforcement. The Planning Commission then conducted workshops and a public hearing and made additional modifications to the program. On May 21 the Council will consider the Commission's recommendations and if you concur we are asking that the your concurrence be in the form of a RESOLUTION OF INTENT TO ADOPT the amendments. The City' s grant agreement with the Department of Ecology specifies that the City submit the proposed amendments and the Resolution to Ecology by June 15. After Ecology approves the amendments, they will come back to the Council for approval as an ordinance. Enclosed for your review is a summary of proposed amendments and a draft of the Planning Commission's recommended amendments to the Shoreline Master Program. Also included are proposed amendments not considered by the Planning Commission. These are from the Department of Ecology, Kent' s Public Works Department and the Mayor's Environmental Task Force. JPH/mp:a: shore/Enclosures KENT SHORELINE MASTER PROGRAM SUMMARY OF PROPOSED AMENDMENTS MAY 21, 1991 The proposed amendments are limited in scope. Because of time constraints and budget limitations inherent in the grant agreement with .Department of Ecology (DOE) , the scope of the amendments has generally been limited to updating the program to meet State standards, eliminate conflicts in existing use regulations, and editing the document to make it easier to use. Format The new material for Sections 2 (Definitions) and 4 (Elements) has been put into "bill form" (i.e. , with underlines and strikeouts) to indicate the changes. Sections 7 and 8 are completely new, since the old program has no Administration or Enforcement provisions (except for chapters on variances and conditional uses) . New Sections 1, 3 , 5 and 6 vary greatly in organization (but not necessarily content) from the old program, so we have included marginal notes on these sections to indicate the source of the material. The abbreviations in the notes stand for the following: SMP - old shoreline master program, with page number following , (for example, "SMP 5-14 (e) " means the original material is found at page 5-14, subsection (e) of the old program) WAC - Washington Administrative Code (state regulations) RCW - Revised Code of Washington staff - means Planning/Public Works/or Legal staff Ecology - from Ecology' s Model Shoreline Program, or based on comments by Ecology staff CAC - Citizen advisory committee Section-by-section summary. Section 1. Introduction. This section replaces Chapters 1 and 2 of the existing program. Section 2 . Definitions. This section consists of additions and deletions to the definitions in the existing Shoreline Program. For the most part, the changes consist of new definitions which Department of Ecology requested be included in the amended Program. The only exception is the definition of "building setback line. " Kent Shoreline Master Program Summary of Proposed Amendments May 21, 1991 Please note that this differs from the old definition contained at page 5-2 of the old program. The new definition does not include fencing. We are proposing to regulate fencing separately from the building setback. Section 3 . Environments. In the current program, descriptions of the environments are contained in Chapter 4 and the appendix (where Conservancy is defined) . The proposed amendment reiterates information that was contained in the previous program and adds some purpose language. Guidance language contained in state regulations is also set out. Section 4. Elements. This section replaces Chapter 3 of the current program. The changes here are marked by underlines and strikeouts, and are based on comments by the Citizen Advisory Committee and DOE staff. Section 5. General Performance Standards. This section, along with Section 6, replaces the current chapter 5 use regulations. The old chapter has been split between two sections, one consisting of general performance standards, and one consisting of performance standards directed to a particular use. The old introductory language has been deleted at the recommendation of DOE staff and planning staff as confusing, erroneous and outdated. The new section includes a re-working of old regulations, as well as adding some regulations which were formerly part of the specific use regulations (these were regulations which were repeated under every use, and therefore appeared to be more appropriate as general use standards. ) Significant changes include: - as requested by the Citizen Advisory Committee, the total prohibition on cutting trees over 4 inches in caliper has been replaced with a requirement that the developer submit a tree plan and mitigation proposal; - fertilizers, herbicides and pesticides are prohibited within 100 feet landward of the ordinary high water mark; 2 Kent Shoreline Master Program Summary of Proposed Amendments May 21, 1991 - additional public access (beyond that already required by the shoreline program) should be considered, in order to ensure that adequate public access (including recreational opportunities) is incorporated into every shoreline development; - view protection is provided for; - policies and standards applicable to shorelines of state-wide significance (the Green River in Kent) are included in this section; this reflects the Advisory Committee's concerns that the mandatory state policies regarding shorelines of state- wide significance were not addressed in the current Program. Section 6 Specific Policy and Performance Standards. This section replaces pages 5-5 through 5-26 of the existing program. The old language has been revised and reformatted. Regulations that were repeated over and over again (e.g. , the statement "It does not occur in unique or fragile areas") have been rewritten and moved to the general performance standards section. Significant changes include: - the new language focuses on uses rather than underlying zoning districts. This is required to be consistent with Department of Ecology's requirements. An important result of this proposed change is that the setback line (as measured from the ordinary high water mark, right-of-way, or centerline of dike, depending on which is further inland) for building and impervious surfaces will vary within zoning districts depending on the use. Commercial and industrial uses remain subject to a 200-foot setback line, and residential uses remain subject to a 100-foot line. However, the change in focus from zoning to use means that certain types of facilities, for example, recreational facilities or roads, are then without an established setback line. It is proposed that recreational structures have a building setback line of 100 feet, but that no building setback line be specified in the program for other types of recreational facilities (for example, trails) . An appropriate setback line for other uses requiring a permit can be established during the permit process, if no setback line is otherwise set up by the program. - Similarly, it is proposed that parking facilities be subject to a 100-foot setback, with a buffer of native vegetation and any other appropriate landscaping or design requirements. 3 Kent Shoreline Master Program Summary of Proposed Amendments May 21, 1991 This would replace the current language which sets up a 100- foot setback line for parking areas in residential zones, but completely prohibits them within commercial and industrial zones. - Commercial and industrial uses which are completely non-water dependent will be conditional uses in the shoreline. This is based on language in the old program which stated that "facilities which do not require a water's edge location are placed inland. " - It is proposed that residential development which exceeds a density of 16 units per acre be permitted only as a conditional use; this would allow for additional public scrutiny of larger projects; - The amendments also require that residential development not be located on any marshes, bogs or swamps associated with the shoreline, but instead be clustered away from such areas. The variance process would be available for relief from this requirement in the appropriate circumstances. Section 7. Administration. This is largely new material, incorporating the old chapter 6 sections on variances and conditional uses. The standards and process for permit decisions are set out, as are the purposes of and criteria for granting variances and conditional uses. Significant changes include: - It is proposed that substantial development permits be handled administratively, through the Planning Department, rather than through the Hearing Examiner. - ' It is proposed that variances be heard by the Hearing Examiner, instead of by the Planning Commission, as is currently required - The old standard for granting a variance required the applicant to make a showing that he/she could make no reasonable use of the property; the amended language is consistent with state criteria, including the requirement that cumulative impacts be considered by the Administrator. - The old program relies on the zoning code to define its conditional uses, an approach which is now unacceptable to the Department of Ecology. The amended language states that uses 4 Kent Shoreline Master Program Summary of Proposed Amendments May 21, 1991 are classified as conditional uses if they are either specifically so designated in Section 6 (for example, residential development exceeding 16 units per acre) , or are otherwise not classified and are consistent with the shoreline environment designation in which they are proposed. AW/mp: smpsum 5 PROPOSED ADDED DRAFT AMENDMENTS NOT HEARD BY THE PLANNING COMMISSION The Planning Department' s Staff proposed wetlands language to be inserted at Page 5-5, following "Environmentally Sensitive Areas" section of the Kent Shoreline Master Program. Note: This amendatory language was not presented to the Planning Commission, but addresses comments received from the Department of Ecology and the Mayor' s Environmental Task Force after the Planning Commission hearing. The language will be presented by staff to the Council at the May 21 hearing. Marshes Bogs and Swamps The following standards shall apply to all marshes boas and swamps within the jurisdiction of the Kent Shoreline Master Program. For purposes of this section only, the terms "wetland" and "wetlands" refer to marshes bogs and swamps. 1 Wetlands within the -iurisdi.ction of the Kent Shoreline Master Program are resources of local and state-wide significance. These wetlands shall be mapped and shall be considered for designation as Conservancy lands. 2 City staff shall consider the impacts of shoreline development on wetlands. 4. Adverse impacts to wetlands shall be avoided unless it can be shown that the impact is both unavoidable and necessary. 5 Where adverse impacts to wetlands are unavoidable and necessary the impacts should be minimized by appropriate mitigation and monitoring The goal of mitigation is to ensure no overall net loss of wetland functions values types and acreage. Mitigation should achieve adequate replacement ratios taking into consideration the unproven nature of enhancement and replacement technologies and the possibility that the benefits of mitigation may not be immediately available As a guide City staff should consider the replacement ratios suggested by the Department of Ecology' s Model Wetlands Ordinance (September 1990) , 6 Any proposed mitigation or enhancement should: (1) be contiguous with the affected or altered wetland unless this would result in a lower replacement ratio of types functions, values and acreage and (2) avoid the use of unique and fragile area shorelines agricultural lands or any other protected areas for mitigation. 7 . Whenever the Administrator has reliable information that a wetland may exist on the site of a proposed development, the PROPOSED ADDED DRAFT AMENDMENTS NOT HEARD BY THE PLANNING COMMISSION Administrator shall reauire the followina unless the applicant has already satisfied these requirements pursuant to the City's environmental review under the State Environmental Policy Act: a a wetlands report prepared at the applicant's expense by a consultant chosen from the City's list of qualified wetlands consultants or otherwise approved by the Administrator. b. The report shall include the following: 1 A description of the methodology used to conduct the study; 2 A delineation of any wetlands, including wetland edges, on the site using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1989 (delineations Performed by the Corps of Engineers pursuant to an applicant's 404 permit may be accepted in lieu of a new delineation provided there are no factors -- for example, change in site conditions since the time of the delineation -- that would make the Corps delineation inapplicable for purposes of shoreline review) ; 3 . An identification of the functions, values and types of wetlands on site, and a description of how they relate to wetlands off-site; 4 . A classification of the wetland according to the rating categories described in the King County Wetlands Inventory, 1983 ; 5. An assessment of the proposal 's potential impacts on the functions and values of the wetlands; and 6 . A mitigation plan, if construction in the wetland or any other impacts or alterations to the wetland are proposed. The plan must identify whether avoidance of the wetland is possible; whether filling is proposed; the replacement ratio; and the specific mitigation and monitoring measures proposed. b. In addition to mapping the wetlands and edges, the edges shall be marked in the field. c. Upon receipt and verification of the report by City staff and/or the Department of Ecology, City staff shall review the report and the proposed mitigation plan against the City's goals and policies. The following buffer and setback areas are 2 PROPOSED ADDED DRAFT AMENDMENTS NOT HEARD BY THE PLANNING COMMISSION recommended unless alternative buffers and setbacks will, in the opinion of the Shoreline Administrator, provide an equivalent level of protection for wetlands: 1 Class 1 wetlands - 100-foot undisturbed buffer of native vegetation; 2 . Class 2 wetlands - 50-foot undisturbed buffer of native vegetation; 3 . Class 3 wetlands - 25-foot undisturbed buffer of native vegetation. For all classes of wetlands a minimum setback line of 15 feet should be required from any road parking area or other impervious surface and the edge of the wetland buffer. Other activities that may have an adverse impact on the wetland may be prohibited in the setback area for example the use of pesticides or fertilizers. 8 The Shoreline Administrator shall condition shoreline permits in accordance with the results of the process outlined above. Other activities that may have an adverse impact on the wetland may be prohibited in the setback area for example the use of pesticides or fertilizers. 9 Implementation of mitigation plans City staff shall take any steps necessary to ensure that mitigation plans are fully implemented Such steps may include but are not limited to: a Requiring a cash mitigation bond to be posted by the applicant or other adequate security that will ensure implementation of the mitigation plan; b Ensuring that the approved mitigation plan and bond are in place prior to any construction plan approval (that is, filling and grading permits engineering plans etc. ) . City staff should also ensure that the mitigation plan is implemented prior to final proiect ammroval (for example, issuing the Certificate of Occupancy, final plan approval, etc. c Ensuring that there is adequate inspection and monitoring of the mitigation both during and after the construction phase; d Utilizing all available authority to ensure the long-term success of the proposed mitigation including enforcement or other legal action as necessary; and 3 PROPOSED ADDED DRAFT AMENDMENTS NOT HEARD BY THE PLANNING COMMISSION e Any other appropriate measures. The following changes are requested by the Public Works Department, but were not received prior to the Planning Commission hearing, and were not heard by the Planning Commission. Amend page 4-13 Objective 4 Policy 3 to read: (3) Prevent the cutting of trees and natural vegetation along the river bank unless necessary for public safety or public access and levee maintenance. Amend page 5-7, View Protection, to read: Except for existing or future arterial and freeway river crossings the following shall apply: 1. Shoreline development shall . . . Amend page 5-7 , Other Standards, item (3) to read: (3) Except for bridge structures associated with arterial or freeway river crossings, no structure shall exceed two stories. . . AW/mp: smpwet2 . 4 Kent Planning Commission April 22, 1991 Chair Faust: OK, well Al, keep that thought, because I think really that' s sort of up to us. Not thems. Us 'ns, as to how we want to divide that up and whether we want to consider the whole thing or whether we want to just consider part of this pie, but, but, but. . . Commissioner Havlor: I realize. . . Chair Faust: We really need to move on. Commissioner Havlor: Yeah, I realize that ' s what, you know, but you. . . staff also asked us if we had any ideas or any direction we were headed, to let them know. I just thought I 'd let them know. Chair Faust: And, by gosh, you have. Commissioner Havlor: I have. Chair Faust: Thank you, Al. OK, well let ' s take. Commissioner Martinez : Madam Chair. Chair Faust: Oh, yes, yes, well, yes . I forgot the formalities . Commissioner Martinez : I move that. . . I move that we continue the hearing on the downtown rezone until May 20 at 7 : 00 . Commissioner Heineman: Second. Chair Faust: It has been moved and seconded that we table these hearings and take them up next month. All those in favor please say aye. Voices • Aye. Chair Faust: Those opposed say nay. (Silence) Ayes have it. Discussion is tabled until next month on this topic. We will now take a two and a half minute stretch break and then go on into the next public hearing. (End of verbatim minutes) SHORELINE MASTER PROGRAM AMENDMENTS - SMP-90-1 Anne Watanabe presented the draft amendments to the Shoreline Master Program. No major policy changes were made because it was felt that with the short time frame imposed by the grant agreement with the Department of Ecology, there was not time for adequate public input. The following changes were made: 52 Kent Planning Commission April 22, 1991 Section I. Introduction. Removes material that is not longer accurate and is less "event based" than the old introduction. Section 2 . Definitions. The definitions were amended to meet State recommendations and requirements. The new definition of "building setback line" does not include fencing. It is being proposed that fencing be regulated separately from the building setback. Commissioner Martinez questioned the discrepancy between definitions in _different sections. Ms. Watanabe suggested that they would simply use the definitions from the "Definitions" section in performance standards. Section 3 . Environments . This section adds verbatim quotes from the State regulations concerning environments. Section 4 . Elements. Changes were made to make this section read more like policy. Some of the terminology was changed to suit the new definitions and editorial changes recommended by the Citizen Advisory Committee were made. Commissioner Dahle questioned whether the continuous trail system along river banks would use the property of private property owners. After discussion, it was determined that the present language would probably be the subject of a proposed amendment. The time frame for development of sites that have probable historical, scientific or archaeological significance was discussed and was identified as another area where language would be changed. Section 5. General Performance Standards. "Shorelines of State- wide Significance" policies and performance standards were moved to the front. Section 6 Specific Policy and Performance Standard. Use regulation language has been revised. A letter from Bart Brynestad of Northward objecting to a 75 ' setback from a dike for parking facilities was discussed. The Commissioners felt that they would stay with the language of the draft. Section 7 . Administration. This is a new section which describes the administration process and sets out the process for permit decisions. 53 Kent Planning Commission April 22, 1991 Section 8 . Enforcement. This is a new section which was drafted by the City Attorney' s office which formally states what violations are, what the penalties for violations are and how the City can enforce this program. Commissioner Martinez MOVED to accept the draft amendments to the Kent Shoreline Master Program. Commissioner Heineman SECONDED the motion. Discussion on the motion followed. Commissioner Dahle MOVED that the language on page 4-4 , Objective 2 , be changed to read: "Provide a continuous trail system along the shoreline, where feasible, while protecting private property rights" . Commissioner Heineman SECONDED the motion. Motion carried. Commissioner Heineman MOVED that the language of item 1 on page 5-4 be changed to read: "The City shall identify a competent authority within one month of discovery of the site or structure" . Commissioner Martinez SECONDED the motion. Motion carried. Commissioner Martinez MOVED that on page 8-51 under "Cease and Desist Work Order" , the word Director' s be changed to Administrator' s and the word Director be changed to Administrator. Commissioner Grant SECONDED the motion. Motion carried. The motion to adopt the draft amendments to the Kent Shoreline Master Program with the amendments as approved was carried. Commissioner Grant volunteered to represent the Planning Commission on this issue on May 21 at the City Council meeting. LETTER TO CITY COUNCIL REGARDING RUGG PETITION Commissioner Martinez MOVED that the letter and the attachment called Specifics Supporting the Petition for Kent ' s Responsible Urban Growth be sent as the current response of the Planning Commission to the direction from Council to consider the RUGG petition. Commissioner Grant SECONDED the motion. Discussion followed on the wording of the letter. Motion carried. 54 Kent Planning Commission April 22, 1991 ADJOURNMENT Commissioner Martinez MOVED to adjourn the meeting. Commissioner Dahle SECONDED the motion. Motion carried. The meeting was adjourned at 11: 25 P.M. Respectfully submitted, 6ames4. Ha"r::ri' 9, 0crLetary 55 DRAFT New Section Replaces Chapter 1 of the existing Kent Master Pro ram. 1. 0 INTRODUCTION The Shoreline Management Act (Ch. 90 . 58 RCW) provides for the management and protection of the state' s shoreline resources by planning for reasonable and appropriate uses. The Act sets up a joint planning effort by• state and local governments, and imposes on local governments the responsibility to develop and implement a local Shoreline Master Program. This document is the Shoreline Master Program for .the .City of Kent. The goals, policies and regulations in this program apply to activities in all lands and waters within the City of Kent which are under the jurisdiction of the Shoreline Management Act. All proposed uses and activities within the shoreline jurisdiction (including activities that are exempt from substantial development permit requirements) should be reviewed for compliance with the goals, general and specific policies, and use regulations found in the Program. The Shoreline Master Program must be applied consistently with state law and regulations. Users of the program should consult the State Shoreline Management Act (Chapter 90. 58 RCW) , and the sections of the Washington Administrative Code related to the Act, since these contain requirements that may apply to shoreline activity, regardless of whether the requirements are contained in the Master Program. Users should also be aware of other applicable federal , state and local laws that may apply to activities within the shoreline. 2 . Section 2 of this Program contains the definitions that apply throughout the Program, unless otherwise indicated by context. The different Environment designations, and the policies and guidelines for each Environment, are described in Section 3 . The Elements of the Program are found in Section 4 ; the elements consist of general goals, objectives and policies that apply to all activities within the shoreline jurisdiction. General Performance Standards are contained in Section 5 . Specific Use Policies and Performance Standards are included in Section 6 . Section 7 , Administration, describes the process for issuing substantial development permits, conditional uses and variances, and the appeals process for such permits. Section 8 includes describes the enforcement process. 3 . Shoreline resources in Kent. The Green River is the most visible shoreline resource in Kent. The river has always been a focal point for inhabitants of the Green River Valley. Prior to white settlement of the area, tribes and bands of the Coast Salish people traveled the river in cedar canoes. Native villages were I DRAFT located along the river and its reaches, and the river basin provided plentiful resources in the form of fish, waterfowl, mammals, roots and berries. Winter villages dotted the river' s shoreline, with houses of cedar bark. When white settlers arrived, they also utilized the river as a road through the densely-vegetated valley, and laid claim to the land along the river' s shores. Kent' s initial Shoreline Inventory of the Green River was.completed by the Kent Planning Department in November of 1972 . This Inventory revealed that 15% of the Shoreline was in residential use, 37% in agricultural use and 41% undeveloped, with the remaining 7% in other uses. By 1980, the percentages had not changed substantially. In 1991, the city was preparing to update its city-wide land use inventory, and the results of the inventory , will no doubt reflect the continued urbanization of the Green River Valley since 1980. Green River. The Green River is the major shoreline resource in Kent. The river has a very gentle slope (less than 0. 1%) and the adjacent soils are of high quality for agricultural and recreational uses and poor for industrial and urban sites. Most of the River has been diked or rip-rapped and the resultant steep banks allow for few beaches except at low water. Water flow averages 6, 500 cubic feet per second in the winter and 1,700 c. f. s. in the summer, depending upon regulation of the Howard Hanson Reservoir upstream. The river provides habitat for a variety of mammals, birds, reptiles, amphibians and fish. Most of the trees have been logged, but some deciduous and coniferous trees remain along the shoreline, and a variety of shrubs and grasses line the entire shore. Other resources. It is important to remember that there are other resources that fall within the jurisdiction of the Act. Streams with a mean annual flow of 20 cubic feet per second or more; lakes greater than 20 acres in size; and all "associated wetlands. " The statutory definition of associated wetlands includes many resources not ordinarily thought of as wetlands. Lands extending 200 feet from the ordinary high water mark of any jurisdictional lake or stream are defined as wetlands, as are marshes, bogs and swamps (what are ordinarily thought of as wetlands) , river deltas, floodways and floodplains associated with such lakes and streams. The Master Program must be consulted with regard to such resources when they are associated with the Green River, or to any other jurisdictional stream or lake within Kent. Draft This new section 2 replaces material formerly included in Appendix A. New material is underlined strikeouts indicate deleted material . Appendix—A DEFiNiTiGN& 2 . 0 DEFINITIONS ACCESSORY USE. Any structure or use incidental and subordinate to a primary use or development. ACT. The Shoreline Management Act of 1971, Chapter 90. 58 RCW. ADMINISTRATOR The Kent Planning Director, or his/her designee. AGRICULTURE. The use of land for agriculture purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, apiaries, and animal and poultry husbandry, and the necessary accessory uses for storing produce; provided, however, that the operation of any such accessory use shall be incidental to that of normal agricultural activities and provided further that the above uses shall not include the commercial feeding of garbage or refuse to swine or other animals. AQUACULTURE. The culture or farming of aquatic animals and plants. BUILDING. Any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals or property of any kind. BUILDING HEIGHT. The vertical distance from the "Grade" to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a f�p� pitch or hip roof. BUILDING SETBACK LINE Unless otherwise indicated within this Program, the line which establishes the limits of all buildings and �m impervious surfaces along the shoreline. CHANNEL IMPROVEMENT. Enlargement of a natural stream' s discharge capacity by means of straightening, making "cutoffs" , cleaning vegetation, widening, or deepening, and thereby decreasing flood stages. CIRCULATION. Those means of transportation which carry passengers or goods to, from, over, or along a corridor. COMMERCIAL DEVELOPMENT. Commercial developments are those uses which are involved in wholesale and retail trade or business activities . /�-1 Draft COMMON TRAIL SYSTEM. Pedestrian and/or bicycle accessways which are are shared (held in common) by a group of landowners and occupants of a subdivision but which may not be accessible to the general public. CONSERVANCY ENVIRONMENT. A designation for areas with valuable natural cultural or historical resources (see section 3) . eentinueui , benefits + t ti ] i and to �-r�AW 6�--=cc-z�c c� u�.-ncsi r sustainedaehieve te maintain their existing eharaeter- The uses are reel of tee area r N t asesh- � the area. + + '' uses ef net substantially Elegrade the existing raeter ef an area are t t, s, h sting an a sustained yie:ld basis, passive agr±eult ral uses sueh as-pa-a� and range lands, and ether related uses and aetivities. the needsof the eammunity as te the piF sent a future i at ien state plans te legally ae-flive publie ae ess te the water. (WAG CONDITIONAL USE. A use development or substantial development which is classified as a conditional use or is not classified within the applicable master Program.030 (4) ) . CORRIDOR. A circulation right-of-way and the area immediately adjacent to it. DEVELOPMENT. A use consisting of the construction or exterior altera- tion of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any other project of a permanent or temporary nature which interferes with the normal public use of '�2 Draft the surface of the waters overlying lands subject to the Act at any state of water level. T ' unde` ' hAe`"ll neee t `"ana gemen"}�'ed }l..,, ` clwx �=xaxrxxvc nc cvir tr whie f ally exec pled fr ei[[ } l Substantial Develepmert+-- DIKE. An embankment to prevent flooding by a stream or other waterbody. DOCK. A fixed or floating platform extending from the shore over the . water. DREDGING. The removal of earth from the bottom or banks of a body of water for the purpose of deepening a navigational channel, obtaining bottom materials, or for flood control. ELEMENTS . Major aspects of land and water use for which goals are written as part of a Shoreline Master Program. ENVIRONMENTS. Designations given specific shoreline areas based on the existing development pattern, the biophysical capabilities and limitations, and the goals and aspirations of local citizenry, as part of a Master Program. EXCAVATE. To remove earth material mechanically. EARTH MATERIAL. Any rock, natural soil or fill, and/or any combination thereof. ECONOMIC DEVELOPMENT. A development which provides a service, produces a good, retails a commodity, or engages in any other use or activity for the purpose of making financial gain. FAIR MARKET VALUE The expected price at which the development can be sold to a willing buyer. For developments which involve nonstructural operations such as dredging drilling, dumping or filling the fair market value is the expected cost of hiring a contractor to perform the operation; or where no such value can be calculated the total of labor, equipment use transportation and other costs incurred for the duration of the permitted proiect. FLOOD CONTROL. Any .undertaking for the conveyance, control, and dispersal of flood waters caused by abnormally high direct precipitation or stream overflow. FLOODPLAIN. The plain along a river formed from soil deposited by floods. Such areas may be determined hazardous for certain uses due to periodic inundation and related conditions. GRADE. The lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than five feet 1k3 Draft distant from said wall. In case walls are parallel to and within five feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way. In no case shall the grade be higher than the natural elevation except when fill is required, and then the grade shall be that required by the King County Surface Water Management. GROIN. A barrier-type structure extending from the backshore into the water across the beach. The purpose of a groin is to interrupt sediment movement along the shore. GUIDELINES. These standards adopted to implement the policy for regulation of use of the shorelines of the state prior to adoption of master programs. Such standards also provide criteria in developing master programs. HEARING EXAMINER (Land Use) . A person appointed by the City Adminis- trator to conduct public hearings on applications outlined in the City ordinance creating the Hearing Examiner, and who prepares a record, findings of fact and conclusions on such applications. LANDFILL. The creation of dry upland area by the filling or depositing of sand, soil, gravel or other materials into a wetland area. LANDSCAPING. Vegetative ground cover including shrubs, trees, flower beds, grass, ivy and other similar plants and including tree bark and other materials which aid vegetative growth and maintenance. MARINA. A use providing moorages for pleasure craft which also may include boat launching facilities, storage, sales and other services. MARSHES BOGS AND SWAMPS. Lands transitional between terrestrial and acruatic systems where saturation with water is the dominant factor determining plant and animal communities and soil development. For the Purposes of this definition these areas must have one or more of the following attributes: (a) at least periodically, the land supports predominantly hydrophytes • and/or (b) the substrate is predominantly undrained hydric soil Hydrophytes_ include those plants capable of growing in water or on a substrate that is at . least periodically deficient in oxygen as a result of excessive water content. H dric soils include those soils which are wet long enough to periodically produce anaerobic conditions, thereby influencing the growth of plants. MASTER PROGRAM. The comprehensive shoreline use plan for the City of Kent, and the use regulations, together with maps, diagrams, charts or other descriptive material and text, a statement of desired goals and standards developed in accordance with the policies enunciated in Section 2 of the Act. MINING. The removal of naturally occurring materials from the earth for commercial, industrial, or construction use. 4_ 4 Draft MIXED USE DEVELOPMENT Development that combines water-dependent with water enjoyment uses and/or non-water-oriented uses. MOORAGE. Any device or structure used to secure a vessel for temporary anchorage, but which is not attached to the vessels. Examples of moorage are docks or buoys. MULTIPLE-USE. The combining of compatible uses within one development. NON-CONFORMING STRUCTURE. A structure or portion thereof which was lawfully erected or altered and maintained, but which no longer conforms to the policies. and regulations of this. Master Program. NON-WATER-ORIENTED USE A use which has little or no relationship to the shoreline Examples include professional offices multifamily development and mini-storage facilities. ONE-HUNDRED-YEAR FLOOD. The maximum flood expected to occur during a a one-hundred-year period. OPEN SPACE. A land area allowing view, use or passage which is almost entirely unobstructed by buildings, paved areas, or other man-made structures. ORDINARY HIGH WATER T1NEf-G mow) MARK. "Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual , and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation; as that condition exists on June 1, 1971 or as it may naturally change thereafter: PROVIDED, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide, and the ordinary high water mark adjoining fresh water shall be the line of mean high water. (RCW 90. 58 . 030 (2) (b) ) . OVER-WATER STRUCTURE. Any structure projecting over the ordinary high water mark of the Green River. PARKING SPACE OR PARKING STALL. A parking space is any off-street space intended for the use of vehicular parking with ingress or egress to the space easily identifiable. PERMIT. That d by the Aet-fer sebstantial a,.ve nt en `J Department General - Any substantial development variance or _conditional use permit or revision authorized bV the Act. PIER. A general term including docks and similar structures consisting of a fixed or floating platform extending from the shore over the water. /�Fj-5 Draft p 1,M 1;BD Ul;;ET Planned Unit DC Y / setbaek/ and density requirements ef ether seetiens ef this eede in the interest aehrevtng-suPer}er site- develepfnent, ereating epen saaee--a-nd POLLUTANT. Any substance that has been or may be determined to cause or tend to cause injurious, corrupt, impure, or unclean conditions when discharged to surface water, air, ground, sanitary sewer system, or storm drainage system. PORT. A center for water-borne traffic. PUBLIC ACCESS. A means of physical approach to and along the shore-line available to the general public. This may also include visual approach. RAILROAD. A surface linear passageway with tracks for train traffic. RECREATION.- The refreshment of body and mind through forms of play, amusement, or relaxation. The recreational experience may be active, such as boating, fishing, and swimming, or may be passive such as enjoying the natural beauty of the shoreline or its wildlife. REVEGETATION. The planting of vegetation to cover any land areas which have been disturbed during construction. This vegetation shall be maintained to insure its survival and shall be consistent with planting requirements of the Kent Landscape Code. RIPRAP. Broken stone placed on shoulders, slopes, or other such places to protect them from erosion. RIVERFRONT LOT. Any lot or land parcel which is adjacent to the Green River, a scenic and recreation road/drive, a riverfront road or a riverfront park. RIVERFRONT PARK. A publicly-owned open space which lies along the Green River, along a scenic and recreational road/drive, or along a riverfront road. RIVERFRONT ROAD. A public street or road which lies alongside the Green River and which has no major development between it and the river. ROAD. A linear passageway, usually for motor vehicles. SCENIC AND RECREATIONAL ROADS/DRIVES. 1. Frager Road throughout its length within the City of Kent. /�-6 Draft 2 . Russell Road from the eastern end of the proposed Russell Woods Park as designated in the Green River Corridor Plan north to the point where it leaves the River (approximately at 200th Street) . SHORELINE JURISDICTION... All geographic areas covered by the Act, related rules and the Kent Master Program. GHGRE�61?! i--AJ:i�fthe water area e€ the Green River within the_Git ef -Yent and the asseeiated wetlands er wetland areas within 2GO SHORELINES All water areas of Kent and their associated wetlands , together with the lands underlying them except: (i) shorelines of . state-wide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet Per second or less and the wetlands associated with such upstream segments and (iii) shorelines on lakes less than twentV acres in size and wetlands associated with such lakes. SHORELINES OF THE STATE. The total of all "shorelines" and "shorelines of state-wide significance" within the state. SHORELINES OF STATE-WIDE SIGNIFICANCE. These water areas, asseela}ed- wetlands-, and enderl-y� lands designated in the Sherel.k., Manageinenft Act. Shorelines of the state which meet the criteria for shorelines of statewide significance contained in RCW 90 58 030 (e) Within Kent the shorelines of the Green River are shorelines of state-wide significance. wetland areas whieh are designed te reduee ever-bank flew ef hiEjh waters a stabilizeeredi.ng - ks SIGNS-ADVERTISING. A sign which directs attention to a business, commodity or service, or entertainment sold or offered elsewhere than on the premises and only incidently on the premises. SIGNS-DIRECTIONAL AND INFORMATIONAL. A sign designated to guide or direct' pedestrians or vehicles. SITE. Any lot or parcel of land or contiguous combination thereof, under the same ownership, on which development is proposed. SLOPE. An inclined ground surface. The inclination is expressed as a ratio or horizontal distance to vertical distance. STRUCTURE. That which is built or constructed; an edifice or building of any kind or any piece of work composed of parts jointed together in some definite manner and includes posts for fences and signs, but does not include mounds of earth or debris. SUBDIVISION. A parcel of land divided into two or more parcels. ,�7 Draft SUBSTANTIAL DEVELOPMENT. ' non l -L ..L.; ..i p market value, "'l7' a.7 c G][r.AGGQa y / /interferesmaterially f the state t that the F l l 9ng -shall net b7 L. 1- t+ -.l p - elementsf single damate—by—the elements—, an ..1-1 an ehannel markers and ti L.. ..y f) Genstruetien en wetlands by—the / lessee, --fer his ewn use / ' 1 1 aenee } er fer the F his S Q i[ S y1.p1L j Vp�TrySC'r �v. Any development of which the total cost or fair market value exceeds two thousand five hundred dollars or any development which materially interferes with the normal public use of the water or shorelines of the state except for those uses excepted from the definition of substantial development b RCW 90 58 030 (3) (e) (i-ix) . TRUCK MANEUVERING AREA. An area of a site used by trucks for turning and backing or for access to loading/unloading areas. UNIQUE AND FRAGILE AREAS. An area of special environmental significance for wildlife habitat, threatened plant communities, and/or natural scenic quality. The geographic boundaries of these areas shall be officially mapped. UPLAND. The area above and landward of the ordinary high water mark. USE OR USE ACTIVITY. An activity or purpose for which land or premises or a building thereon is designed, arranged, intended, or for which it is occupied or maintained, let or leased. /� 8 Draft URBAN. An area of basically high intensity and diverse land use, including residential, commercial, industrial, agricultural and recreational development. URBAN ENVIRONMENT A designation for areas of high intensity land use, including residential commercial and industrial development see Section 31 . UTILITIES. Services which produce and carry electric power, sewage, communications, petroleum products, oil, natural gas, water, etc. VARIANCE. A­medlfieatien ef regulatiensf this h +,, = ze by the Planning--GemfflissieR Rf:17pr- finding that the literal - and- A means of granting relief from specific bulk dimensional or performance standards set forth in the applicable master Program, and not a means to . vary from the permitted uses of a shoreline. eti it s WATER-DEPENDENT USE. A use which re uires direct contact with the water and cannot exist at a non-water location due to the nature of the use Examples include a ship cargo terminal loading areas_ ferry terminals aguaculture and marinas.__ WATER ENJOYMENT USE Recreational uses or other uses facilitating public access to the shoreline as a primary characteristic of the use and uses that provide for aesthetic enjoyment of the shoreline for a substantial number of people as a general character of the public ' s ability to enjoy the physical and aesthetic qualities of the shoreline Examples include parks, piers museums and educational/scientific reserves. WATER-ORIENTED oR WATER-RELATED USES. uses, aetivities f , • tom theirin design a F a .,+-. '~1" 6iater; far example, walkways­e-r-�iew . A use which is a water- dependent, water-related or water-enjoyment use. WATER RELATED USE A use which is not intrinsically dependent on a waterfront location but whose operation cannot occur economically without a waterfront location Examples include warehousing of goods transported by water, seafood processing plants , hydroelectric generating plants , and oil refineries where transport is by tanker. That land area landward and innediately adj-aeent-t-e the high EDGE. line. 9 Draft New Section This section replaces Chapter 4 of the existing Kent Shoreline Master Program. 3 . 0 ENVIRONMENTS State regulations require local governments to categorize shoreline areas by different environmental designations. WAC 173-16-040 states that "the environmental designation to be given any specific area is to be based on the existing development pattern, the biophysical capabilities and limitations of the shoreline being considered for development and the goals and aspirations of local citizenry. " State regulations recommend a classification system composed of four distinct environments: natural, conservancy, rural and urban. The current Shoreline Master Program enviromental designations were developed in 1972 and amended in 1978 and 1980, in accordance with the state criteria for classification. Kent' s shoreline is classified Conservancy, Rural and Urban (see maps, page ) . Any development in the shoreline must be consistent with the environmental designation in which it is located. 3 . 1 Conservancy Environment The Conservancy designation is intended to protect, conserve and manage natural resources and historic and cultural areas, to achieve sustained resource utilization and to provide recreational benefits. In Kent, all uses but recreation are prohibited in the Conservancy s'l�IZJ Environment, except for the necessary maintenance and repair of dikes. Recreational uses in the Conservancy Environment shall be consistent with the following guidelines contained in WAC 173-16- 040 (4) ( (b) (ii) : The objective in designating a conservancy environment is to protect, conserve and manage existing natural resources and valuable historic and cultural areas in order to ensure a continuous flow of recreational benefits to the public and to achieve sustained resource jr'v utilization. SmP The conservancy environment is for those areas which are intended to maintain their existing character. The 3 - ► preferred uses are those which are nonconsumptive of the physical and biological resources of the area. Nonconsumptive uses are those uses which can utilize resources on a sustained yield basis while minimally reducing opportunities for other future uses of they resources in the area. Activities and uses of a nonpermanent nature which do not substantially degrade the existing character of an area are appropriate uses for a conservancy environment. Examples of uses that might be predominant in a conservancy environment include diffuse outdoor recreation activities, timber harvesting on a sustained yield basis, poive agricultural uses such as pasture and range lands, and other related uses and activities. The designation of conservancy environments should seek to satisfy the needs of the community as to the present and future location of recreational areas proximate to concentrations of population, either existing or projected. For example, a conservancy environment designation can be used to complement city, county or state plans to legally acquire public access to the water. The 'conservancy environment would also be the most suitable designation for those areas which .present too severe biophysical limitations to be designated as rural or urban environments. Such limitations ' would include areas of steep slopes presenting erosion and slide hazards, areas prone to flooding, and areas which cannot provide adequate water supply or sewage disposal. 3 . 2 Rural Environment The purpose of the Rural designation is to protect agricultural land from urban expansion, restrict intensive development along undeveloped shorelines of the Green River, function as a buffer between urban areas, and maintain open spaces and opportunities for recreational uses along the Green River. Uses within areas designated as Rural in Kent shall be consistent with the following guidelines contained in WAC 173-16- 040 (4) (b) (iii) : The rural. environment is intended to protect agricultural W DcJr land from urban expansion, restrict intensive devleopment along undeveloped shorelines, function as a buffer between urban areas, and maintain open spaces and opportunities for recreational .uses compatible with agricultural activities. The rural environment is intended for those areas 3 - Z characterized by intensive agricultural and recreational uses and those areas having a high capability to support active agricultural purposes, or which have agricultural potential should be maintained for present and future agricultural needs. Designation of rural environments shoudl also seek to alleviate pressures of urban expansion on prime farming areas. New developments in a rural environment are to reflect the character of the surrounding area by limiting residential density, providing permanent open space and by maintaining adequate building setbacks from water to prevent shoreline resources from being destroyed for other rural types of uses. Public recreation facilities for. public use .which. can be located and designed to minimize conflicts with agricultural activities are recommended for the rural environment. Linear water access which will prevent overcrowding in any one area, trail systems for safe nonmotorized traffic along scenic corridors and provisions for recreational viewing of water areas illustrate some of the ways to ensure maximium enjoyment of recreational opportunities along shorelines without conflicting with agricultural uses. In a similar fashion, agricultural activities should be conducted in a manner which will which wil enhance the opportunities for shoreline recreation. Farm management practices which prevent erosion and subsequent siltation of water bodies and minimize the flow of waste material into water courses are to be encouraged by the master program for rural environments. 3 . 3 Urban Environment The Urban designation is intended to permit multiple water- dependent or water-related uses to achieve optimum utilization of the City' s shorelines, while managing development so that it enhances and maintains the shorelines for public enjoyment and use. WAC 173-16-040 (4) (b) (iv) includes the following guidance regarding the Urban Environment The objective of the urban environment is to ensure 1,0 051� optimum utilization of shorelines within urbanized areas by providing for intensive public use and by managing I/S0 development so that it enhances and maintains shorelines SM P for a multiplicity of urban uses The urban environment is an area of high-intensity land- use including residential, commercial, and industrial development. The environment does not necessarily include all shorelines within an incorporated city, but 3 -3 is particularly suitable to those areas presently subjected to extremely intensive use pressure, as well as areas planned to accommodate urban expansion. Shorelines planned for future urban expansion should present few biophysical limitations for urban activities and not have a high priority for designation as an alternative environment. Because shorelines suitable for urban uses are a limited resource, emphasis should be given to development within already developed areas, and particularly to water- dependent industrial and commercial uses requiring frontage on navigable waters. In the master program, priority is also to be given to planning for public visual and physical access to water in the urban environment. Identifying needs and planning for the acquisition of urban land for permanent public access to the water in the urban environment should be accomplished in the master program. To enhance waterfront and ensure maximum public use, industrial and commercial facilities should be designed to permit pedestrian waterfront activities. Where practicable, various access points ought to be linked to nonmotorized transportation routes, such as bicycle and hiking paths. 3l� GGAT�s, GBjEGT1vBs, AND PG1,1 IES 3 . 0 ELEMENTS The Gitisens Ady=seiy—C6$mittee has —established t3e—felnlewing Shorelines Master regrarn-: The elements of the Shoreline Master Program consist of goals, objectives and policies that apply to all uses in the shoreline. The Shoreline Management Act lists seven elements which should be included in every local shoreline program: (a) economic development; (b) public access; (c) recreation; (d) circulation; (e) shoreline use; (f) conservation; and (q) a historic cultural , scientific and educational element Local master programs may also address any other appropriate elements and the Kent Shoreline Master Program also includes an element addressing flood protection. 4 . 1 ECONOMIC DEVELOPMENT This is an element for the location and design of industries, transportation facilities, port facilities, tourist facilities, commercial and other developments that are particularly dependent on shoreline locations, as well as addressing development in general . GOAL: Development of the shorelines shall should be limited to uses which are erieeted to a shoreline-ieeotie , water-oriented, and are eempatiblewith a nat which are compatible with protection and enhancement of the shoreline. OBJECTIVE 1: Eneourage she el e :ependc: uses to leeate aleng the Encourage the location of shoreline-dependent recreation and open space uses along the shoreline as part of anv development along the shoreline. Policies: PGL6!Gf (1) Support an application for 4 - � current use' taxation for those private recreation and open space developments along the shoreline through RCW 84 . 34 . PAT-Tell 2 Ghange zoning , allew ..}, and epen --speee—uS-es in these areas where they ar--��� preh.ti� OBJECTIVE 2 : Permit en!y development of the shoreline only if that it enhances the environmental qualities of the shoreline recognizing that it is these same qualities that provide an amenity of incalculable economic value to the citizens of Kent. Policies: PG-13IGY 1. The Kest Hearing Examiner sh - -- enhanee the envirenme-} pG131Gy i �1 The City shall should review all building permits issued for development along the shorelines to assure that they are not in conflict with the other goals, objectives and policies. ,,,�: (2)_ Shoreline developments shall should be designed to enhance scenic views. (3) Potential long-term effects on the shoreline should take precedence over short-term economic gain or convenience in development. OBJECTIVE 3 : Plan development of all land contiguous to the water' s edge so that public access and use of the shoreline -is are enhanced. T/1.g TGrr m h_ n ed '-.(1) Water- �L 4- Z- dependent and water-related economic development should be located in shoreline areas where other economic development already exists. PGLIEYr �, v ' -related (2) Water- dependent and water-related economic activities and uses shall should minimize and cluster the water-dependent portions of their development along the shoreline_ and—plaee inland all €aeilities hieh de net require -a water's edge ' eeatien. Those portions that are not water- dependent should be located upland. PGLIGY 3 develepments on tm..` e `sz-,m ere ti=one shall be—eneeuraged publie eppertuni ties and aeeess to the sherelixxe. (3) Water-dependent or water- related economic development should be designed to allow reasonable public access to and along the water's edge. OBJECTIVE 4 : Shoreline development shall should be planned to protect and enhance the use of the water-Way by the pub lie. public use of the waterway. PALiElt 1! (1) Permit over water structures only when in the public interest. 42 PUBLIC ACCESS ELEMENT This is an element for assessing the need for providing public access to shoreline areas. GOAL: Make the river' s . The shoreline should be available to the public. OBJECTIVE 1: Provide improved public access to the river' s edge. Policies: PG14GF-iA u The city and/or other government agencies when feasible shall should acquire and develop property to provide public access to the water's edge at a minimum of one access point per mile +s4*--per }G161GY 22 2) Publicly-owned shoreline areas shall should provide public .access to the water's edge where feasible. PlannedUnit t T l e nts (P1TT�+ shall r water -edge. When substantial modifications or additions are proposed to substantial developments the developer should be required to provide for public access to and along the water' s edge if physically feasible. TInP� 1je-Fig'eperty shall be -aequir .a fe publie use Atheut just • (4)_ Provision should be made for public access to and along the water' s edge in new substantial shoreline developments. PGLIGY-! (5) Access points should be developed for diversified recreational use. PGT T� (6)_ Parking ha34 should be provided to male the—designed publie use of the aeeess peintand serve public access points and should be designed to have a minimum impact on the natural environment. PGLIGY 7 ! (7 Access points shall should be designed and screened to create the minimum objectionable impact on the adjoining property. OBJECTIVE 2 : Provide a continuous trail system along the shoreline where feasible, while protecting private property ri hots. Policies: (1) Public non-motorized trails shall should be provided connecting access points. PG131G F 2 2 L2 The shoreline trail system shall should be designed to avoid conflict with private property rights and to create the minimum objectionable impact on the adjoining property. OBJECTIVE 3 : Provide dike setbacks for river level access parks. Policies: PGLIG31 is (1) The City and/or other governmental agencies when feasibl-e shall: should acquire and develop property to provide a Fftininum of t-we river level access areas by dike setbacks. , OBJECTIVE 4 : Any development adjacent to private property will should be designed so as to screen and protect against intrusions from the public activities. PGLIGY 1! (1) The scent—Hear' ==� r shall Shoreline Administrator should review all public access developments to insure that the rights and privacy of the adjoining property owners are protected. 4 . 3 CIRCULATION ELEMENT This is an element for assessing the location and extent of existing and proposed major thoroughfares, transportation routes, terminals and other public facilities and correlating those facilities with the shoreline use elements. ��5 GOAL: Prevtde fems Non motorized and pedestrian circulation along and across the shoreline should be provided in a manner which protects and enhances the shoreline. OBJECTIVE 1: Provide connections for public transportation at shoreline access points. Policies: PGLIGY 'r- (1)_ The City shall should assist in facilitating 'access by public transportation to recreation areas on the shoreline. OBJECTIVE 2 : Restrict motor vehicle traffic in shoreline areas. Policies: PGLIGY it (1) Motor vehicle traffic shall should be restricted to existing two-lane roadways, except for limited bridge crossings for maior freeways. ^^�2! (2) Motorized vehicles are not to be used on the trail system. )PGLIGY 3 ! (3) Shoreline roadways shall should be planned and developed as scenic boulevards for slow-moving traffic and river public access. (4) Alternative access routes located on the upland side of a non-water-oriented riverfront development should be planned for or required in order to reduce unnecessary traffic along the river corridor. (5) Through traffic should be planned designed and re-routed to avoid adversely affecting the recreational and environmental qualities of the river corridor. OBJECTIVE 3 : Minimize construction of motorized cross-river arterials. `"I 0 _ . . Policies: PA�FE3E— () The City and/or other govern- mental agencies shall should actively explore alternatives to additional cross-river arterials: OBJECTIVE 4 : Provide a continuous trail system along the entire shoreline --,.ems feasible. Policies: PA131GY l: (1) The City shams should develop and implement in an orderly manner a plan of acquisition, lease, and donation of land for trails. P9131GY 2 : u The trail system shall should be separated from the roadway. TYl1T� _(3) The trail system should have connections to other trails in the region. PGter _(4) Access points to and along the shorelines should be linked by a system of trails. •PeLIGY S., To assist in developing a trails system, incentives shall should be offered to property owners fer previding setbaeleT in exchange for larger setbacks, easements or other benefits to a trail system. PGa6: u The trail system shall should be included on all new or expanded motorized river crossings. Whenever practical existing crossings should be modified to accommodate the trail system. PALIGY 7 : ) Provide trail system bridges where needed and when feasible. P GLIr-vaIGY 8! The shoreline trail system shall be designed to avoid conflict with private property rights. 4 . 4 RECREATIONAL ELEMENT This is an element for the preservation and expansion of recreational opportunities through programs of acquisition, development and various means of less-than-fee acquisition. GOAL: Public recreation opportunities should be maximized.. OBJECTIVE 1: Provide a regional, riverfront park system along the shoreline. Policies• m1. L ' a s l n e-f- P9�F E�f 1. s a l l 9evernmentso PAaF�3�- �1 The City's Park and Recreation Department shall should take action to interest State, Federal and County government in the City's Action Program to acquire and develop a regional riverfront park system. PALIEzI 3 i2, it will be the pelley--01­t� a be A minimum 25% of the total linear riverfront footage should be in areas available to the public for recreation. This may include City, County, State and privately-owned recreational facilities open to the public. PALF83 " . wi t shall ll b '� , a f e e use witheut just PGLIGY So (3) Any public development adjacent to private property shall should be designed to protect the rights and privacy of the private property owners. (4) 1 _,w bles A entire sherellne trail system should be provided along the entire shoreline. 5 The areas between the waterline and setback levees should be acquired and dedicated as public recreation sites. OBJECTIVE 2: Provide a series of larger parks interspersed along the narrow linear park which would provide diverse recreational opportunities for the region. Poli_S_ POL! Y 1 Provide larger parks for river access, interpretive natural areas, picnic areas, open play areas, quiet natural areas, restrooms, parking, etc. T/1TGLI 4 2 ! (2)_ Employ diking setbacks at favorable locations to provide larger river level parks. OBJECTIVE 3 : Provide public fishing areas along the shoreline. policies: PGLI Y (1) The City should acquire property and shall should encourage the State Game $ee Department of Wildlife to acquire property to provide fishing areas and accesses. OBJECTIVE 4 : Encourage private devel is-hereline dependent } - water-oriented recreational development which is open to the public in area located outside the public park areas. Policies- T1r1T� (1)_ Non-motorized recreational boating facilities shajl should be encouraged as long as they are 3=9-- compatible with other uses and the natural environment. SHORELINE USE ELEMENT This is an element for considering: 1. The pattern of distribution and location requirements of land uses on shorelines and adjacent areas, including, but not limited to, housing, commerce, industry, transportation, public buildings and utilities, agriculture, education and natural resources. 2 . The pattern of distribution and location requirements of water uses including, but not limited to, aquaculture, recreation and transportation. GOAL: minimize nen water erriented _ affeet the shereline-envirephiient - Uses which are non-water-oriented, or which may adversely affect the shoreline should be minimized. OBJECTIVE 1: Promote agricultural and other open space uses. Policies: Tl1T Tye^"-'� ) Support applications for current use taxation for those agricultural and open space develepmerrt-s uses along the shoreline through Chapter RCW 84 . 34 . OBJECTIVE 2 • Promote uses which preserve and enhance the natural amenities of the shoreline. Policies: (1) Uses and activities in unique or fragile areas should be discouraged unless measures can be satisfactorily undertaken to mitigate all related adverse impacts. (2) Preference should be given to those uses or activities which enhance the natural amenities of the shorelines and wetlands and which depend on a shoreline 3-:0 �--JD location or provide public access to the shoreline. r• OBJECTIVE -2-3 : Promote diverse recreational development and use. Policies: P9131GY 1: 1_ The City shall should encourage the incorporation of public recreational uses into shoreline developments. POLI@Y B : (2)_ Multiple uses of shorelines, especially recreational uses, shall: should be planned where location and integration of compatible, uses or activities are feasible. OBJECTIVE 44 : Provide and plan for the long-range relocation of existing non-recreation, non-open space and non-water-related uses. Policies: PGLIGY 1: (1) Those uses or activities i d e n t i f i e d a s non-recreational, non-open space and non-water ;;;1R4=ed shall should be encouraged to relocate. GBd4GT1VE 4 :—Permit enly uses e€ the shorelines that enhanee the—env-trenme-ntal quaiities. PALFeY 1:—The—Eity shall eneeerage—the elusterir= -r f like __ __mpat_b- _ shoreline ____ . PGLIEY 2 : Petential leng term a€€eets—eta the—shereline—shall: take p eeedenee ever- sherd-teryn. gain er eenvenienee in a,.ye , nt 4 . 6 CONSERVATION ELEMENT This is an element for the preservation of the natural shoreline resources, considering such characteristics as scenic vistas, parkways, estuarine -�-3:1 �- - 11 areas for fish and wildlife protection, beaches and other valuable natural or aesthetic features. GOAL: F the sher l i . Natural resources of the shoreline should be preserved and restored. OBJECTIVE 1: Preserve and restore the remaining natural resources of the shoreline such as wildlife habitats, fishery resources, wetlands, beaches, natural vegetation and other fragile elements, when feasible. policies: PG131EYT Aquatic habitats and spawning grounds shall should be protected, improved increased. ;GL Irg 22 (22)_ Wildlife habitats shall should be protected, improved, aQ = feasible, increased. (3) Wetlands should be protected and restored. shall be minimized- Stream bed disturbance should be avoided or minimized. PGLIEY ^ . Theareas between the waterline axxa sethae3e levees sheuld be-- � "'"'d and a a ted- as-publie _L .' is- PO IGY5 1 _ Additional riverbank protection (wet side) shall should be sloped to allow escapement of fish after high water. OBJECTIVE 2 : Preserve areas e€ with scenic and aesthetic qualities €er park a-nd reere_t , Policies• F LIGY 12 u Di-seer age Prohibit development 's in unique .or fragile areas. OBJECTIVE 3 : Prevent further deterioration of water quality and eneee require water quality improvement. Policies: PALIGY 1: (1) No -additienal untreated effluent or other pollutants shall should be discharged into the river. PG131GY 2 : ) The City and other government agencies shall should aggressively enforce all governmental water quality regulations. OBJECTIVE 4 : Promote the restoration of the shoreline to a natural aspect. Policies: PGLIGY-! (1) Stream-bank protection works (wet side) shall should be limited to those areas where existing structures are endangered by bank erosion. POLICY 2 : (2) Encourage the re-establishment of natural vegetation along the shoreline. PGTI!Gy 3 : (3) Prevent the cutting of trees and natural vegetation along the river bank unless necessary for public safety or public access. 4_7 HISTORICAL/CULTURAL ELEMENT This is an element for protection and restoration of buildings, sites and areas having historic, cultural, educational or scientific values. GOAL: Preserve features of archaeological , historical, cultural and educational significance. - OBJECTIVE 1: Identify features of historical, archaeological , cultural and educational value. 3�1 3 �- - 13 Policies: P013IEYT ( Encourage local institutions to discover, assess and catalog historic and cultural sites. OBJECTIVE 2: Encourage and provide for the preservation , restoration , development and interpretation of historical , cultural and educational sites. Policies: P^*�r 1) Shoreline areas having archaeological, historic, cultural, educational or scientific value should be designated, acquired, protected, and restored. POTMIGY 2: (2) Access to historic and cultural sites should be made available to the general public when consistent_ with the protection of the sites. ^^TG T �3 Public and private cooperation shall should be encouraged in site preservation and protection. Ai,TE 4 Signs er plaques to inferm the—publie e€ the J M ifieanee ef the site. (4) Information in the form of signs or other interpretation of historic and cultural features should be provided when consistent with the protection of those features. OBJECTIVE 3 : Prevent the destruction of features of potential archaeological , historical , cultural and educational significance. PaLiGy i. (1) The City may restrict the development suspeeted signifieantsites and their--gi€ieanee ean--be a } ed - of suspected significant sites and newly discovered sites for up to two months so that their significance can be determined. P9131EY-2 ! (2) Prime sites shall� Significant sites should be a high priority for acquisition by the City. PGLIGY 3-- zee- repert—shall be aeeraired f r 4 . 8 FLOOD CONTROL ELEMENT This is an element for the location and design of flood control works on the shorelines. GOAL: Ensure future flood control works are in the public benefit. OBJECTIVE 1: Investigate the necessity of proposed flood control works. Policies: PGLIGY l ReEfaire--an Eai-enmental impaet Statement en any—€leed— ent e eensideratie—a€— altern_};ve- e (i) A flood control Proiect proposal should be based on a thorough analysis of the potential impacts on the shoreline, and an examination of alternative measures for example control or reduction of surface water runoff. OBJECTIVE 2 : Require that flood control works are designed for multiple uses. Policies: PGLIGY 1: 1) Public r-jjht-s� access to the �T flood control works shall should be acquired prior to construction. PAhIGY 2 : (2) Flood control projects shall should be designed to maximize open space elements which are not subject to extensive flood damage, such as parks and agriculture. PAaIGY 3 ! u Flood control projects shall should be designed to provide diverse public recreational opportunities, such as fishing, swimming, boating, birdwatchinQ, viewing, etc. PG IGY 4! (4) Flood control works shall should be designed to minimize negative and maximize—eve t. en the naturaln anda wildlife habitat- impacts, enhance and restore the natural environment and wildlife habitat. PA131GY 5! Ne- prepertyshall ba---=' `er Pub 1ie use �fi -heat—just A$3�SE�IV� 3 Reefaire that (lead—eentrel- we�]E= are designed €er a PALIGY l Fleed eentrel works shall be designed se as t ininimize harsh, unnatural -appearanees-.- POLIGY 2 ! (5) Flood control projects shall should be designed, landscaped and planted to maximize a natural shoreland appearance, fish and wildlife habitat values, public access, and public recreation. PGLiGi TTPT,TTnTDTL. TIG B GH USE GTIVi TV , The €ellewing matrim t , that l t el t ;t Y rr 1 1 Draft New Section This section replaces Chapter 5 of the existing Kent Shoreline Master Program. g 5. 0 GENERAL PERFORMANCE STANDARDS General performance standards apply to all activities and uses within the shoreline. These standards carry out the policies expressed in the Elements of the Kent Shoreline Master Program and the policies found in the Shoreline Management Act. Shorelines of State-wide Significance Snn P The Shoreline Management Act of 1971 designated certain r� shoreline areas as shorelines of state-wide significance. Seta These are shorelines which benefit all people in the state, and therefore, preference is to be given to uses which favor public and long-range goals. Within Kent, the Green River and its associated wetlands are considered a shoreline of state-wide significance. RCW 90. 58. 020 requires that local governments, in developing master programs for shorelines of state-wide significance, give preference to uses which: 1. Recognize and protect the state-wide interest over local interest. 2 . Preserve the natural character of the shoreline. 3 . Result in long-term over short-term benefit. 4 . Protect the resources and ecology of the shoreline. 5. Increase public access to publicly owned areas of the shorelines. 6. Increase recreational opportunities for the public on the shoreline. The following development guidelines shall be applied to proposals in shorelines of statewide significance, in addition to any other applicable performance standards in this Program: Recognize and protect the state-wide interest over local interest 1. Solicit comments and opinions from groups and M G' individuals representing state-wide interests by circulating proposed master program amendments and uses for review and comment by state agencies, adjacent jurisdictions ' citizen advisory committees, and state- S� / Draft AMP G' zL�>> designed, constructed and managed to avoid disturbance ofp' 5 i and minimize adverse impacts to fish and wildlife resources, including migratory routes, spawning, nesting, rearing, and habitat areas. Wildlife habitats and sanctuaries should be included as part recreational developments. 6. Preserve environmentally sensitive areas for use as open space or buffers. 7 . Encourage the restoration of presently. degraded wetland areas. Result in long-term over short-term benefit 1. Evaluate the short-term economic gain or convenience of developments relative to the long-term and potentially ✓/" 5 costly impairments to the natural shoreline. o(og `� 2 . Preserve shorelines of state-wide significance for future generations, and restrict or prohibit development that would damage shoreline resources. 3 . Encourage restoration of the natural character -of the shoreline in developed areas. 4 . Actively promote aesthetic considerations when contemplating new development, redevelopment of existing facilities or the general enhancement of shoreline areas. Increase public access to publicly owned areas of the SM shorelines 1. Give priority to developing paths and trails to shoreline areas. 2 . Locate development landward of the ordinary high water mark to that access is enhanced. Increase recreational opportunities for the public on the shoreline 1. Plan for and encourage development of facilities for recreational use of the shorelines. 2 . Reserve areas for lodging and related facilities on uplands well away from the shorelines with provisions for non-motorized access to the shorelines. Archaeological and Historic Resources Draft SM wide interest groups. 2 . Recognize and take into account state agencies ' policies, programs and recommendations in developing and administering use regulations. 3 . Solicit comments, opinions and advice from individuals with expertise in ecology, oceanography, geology, limnology, aquaculture and other scientific fields pertinent to shoreline management. 11 1. Designate and administer shoreline environments a Preserve the natural character of the shoreline nd fD use regulations to minimize damage to the ecology and environment of the shoreline, and to enhance and restore S44L degraded natural resources. 2 . Where intensive development already occurs, upgrade and redevelop those areas to reduce their adverse impact on the environment and to accommodate future growth rather than allowing high intensity uses to extend into low intensity use or underdeveloped areas. 3 . Ensure that where commercial timber-cutting is allowed as provided in RCW 90. 58 . 150, reforestation wil be possible and accomplished as soon as practicable. 4 . Protect and preserve existing marshes, bogs and swamps and riparian corridors associated with shoreline areas. Z'MPGZCd>> Protect the resources and ecology of the shoreline �/'Pj j 1. Leave undeveloped those areas which contain unique or fragile natural resources. 2 : Prevent erosion and sedimentation that would alter the natural function of the water system. In areas where erosion and sediment control practices will not be effective, excavations or other activities which increase erosion are to be severely limited. 3 . Restrict or prohibit public access into areas when necessary to protect the resources and ecology of the shoreline. 4 . Minimize development activity that will interfere with the natural functioning of the shoreline ecosystem. 5. All shoreline development should be located, :See 5M� S5(1o1 1. No development shall be undertaken with regard to a site or structure that has probable historical, scientific, or archaeological significance until an evaluation of the site or structure has been made by an authority judged competent in such matters by the City of Kent. The City shall identify a competent authority within one month of discovery of the site or structure. Clearing and Grading 1. All clearing and grading activities shall be limited to the minimum necessary for the intended development. yo/Dqr,} 2 . Clearing and grading activities shall be allowed only Jl when associated with a permitted shoreline development. Upon completion of construction, remaining cleared areas shall be replanted with native vegetation or other plantings approved by the Administrator. 3 . No cutting, damage, or removal of trees over four (4) SM 7 Ill) inches in caliper (as measured twelve (12) inches above their mean ground elevation) will be permitted prior to ,;;, the submittal and approval of a site-specific tree plan and mitigation proposal. The tree plan must be drawn to �10J scale, and shall indicate the precise location of all trees of four-inch caliper on. the shoreline portion of the site in relation to proposed development. The mitigation proposal must provide for the replacement and maintenance of any trees removed. The developer may be required to replace trees at a greater than 1: 1 ratio. 5M�1 c�ee 4 . Uses shall avoid adversely affecting any other natural vegetation in the shoreline unless necessary for public safety or public access, or otherwise clearly in J � 7 5 the public benefit. Normal pruning and trimming of �i f vegetation for maintenance purposes shall not be subject y to this regulation. Clearing of invasive non-nativeDf� shoreline vegetation or plants listed on the state noxious weed list is permitted in the shoreline if native vegetation is promptly re-established in the disturbed area. Environmental Impacts 1. The location, design, construction and management of l all shoreline development shall protect the quality and quantity of surface and ground water adjacent to the site and shall adhere to the guidelines, policies, standards Draft programs and regulatory agencies. 5 2 . All shoreline development shall utilize effective �✓" erosion control methods during project construction and operation. SM P 3 . All shoreline development shall be located, designed, constructed and managed to avoid disturbance of and minimize adverse impacts to fish and wildlife resources, including spawning, nesting, rearing and habitat areas � - and migratory routes. Where a development cannot avoid s ,�l such disturbance or impact, the developer shall be required to mitigate the impacts of such disturbance or impact. 4 . The application of fertilizers, herbicides and pesticides shall be prohibited within one hundred (100) SM feet landward of the OHWM. Fertilizers, herbicides andof� > pesticides shall not be applied or allowed to directly enter water bodies or marshes, bogs or swamps. s / Environmentally Sensitive Areas SMP s- 3 (J > 1. Development in or adversely affecting unique and _ (10, S-`7(�� fragile areas is prohibited, unless it can be clearly demonstrated that the values and functions of the areas will increase increase as a result of the development. The �Ga1og ) Administrator may require that any mitigation measures associated with such development be fully implemented s (� prior to development. l t ey ) 2 . Development located in or that adversely affects sensitive areas, including marshes, bogs, swamps, .fish S P and wildlife habitats, migratory routes, spawning areas, scenic vistas, and unstable bluffs shall be avoided or minimized. G 3 . When a development site encompasses environmentally S sensitive areas, these features shall be left intact and maintained as open space or buffers. All development shall be set back from these areas to prevent hazardous conditions and property damage, as well as to protect valuable shore features. Public Access I. A public access easement or land dedication shall be 5 granted on land located within shoreline jurisdiction, beginning at the OHWM, and extending landward to a point C, S Draft at least fifty (50) feet from the centerline of an existing dike or. fifty (50) feet from the OHWM where there is no existing dike, whichever is the greatest ) distance inland. 25ol°�J r 2 . Public access provided by shoreline street ends, public utilities and rights-of-way shall not be diminished. SMP S.2C(v� 3 . One twenty (20) foot wide public pedestrian/bicycle access from a public road to the riverfront shall be provided for every one thousand (1, 000) feet of river frontage or scenic drive frontage. 4 . One off-street public parking space shall be provided S M P J for every 175 feet of river frontage or scenic drive frontage. Parking shall conform to any applicable standards in this Master Program or other City requirements. In lieu of providing such parking, the S Administrator may allow the developer to meet this requirement through payment or by development of additional public access. �L 5. In review of all shoreline permits, public access inf °�d� addition to that required above shall be considered. Provisions for such public access, which may include recreational opportunities, shall be incorporated into a shoreline development, unless the applicant demonstrates that one or more of the following provisions apply: a. significant environmental harm will result from the public access, which cannot be mitigated; b. unavoidable health or safety hazards to the public exist which cannot be prevented by any practical means; C. inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions; d. the cost of providing the access, easement, or an alternative amenity is unreasonably disproportionate to the total long-term cost of the proposed development; e. significant undue and unavoidable conflict between any access provisions and the proposed use and/or adjacent uses would occur and cannot be mitigated. i 6 . All public access points shall be provided through an easement, covenant or similar legal agreement recorded with King County. JJJ Draft e- SM� (4Z � View Protection See- / 1. Shoreline development shall avoid blocking, reducing, C s� e7c or adversely interfering with the public' s visual access to the water or shorelines. s � 2 . Visual access shall be provided and maintained in aala� manner consistent with this Program' s requirements for �J preservation of trees and natural vegetation. 3 . Development on or over the water shall be constructed as far landward as possible to avoid interference with views from surrounding properties to the shoreline and adjoining waters. Other Standards SMP S_ 2C9 1. Loading docks shall not be located on river-facing sides of buildings. J tAF 2 . Building lengths facing the Green River shall beJ limited to two hundred (200) feet. 3 . No structure shall exceed two stories or twenty-five rl feet in height, except that telephone or transmission !>�iCTi poles may be permitted as conditional uses . 4 . Landscape screening and buffer strips shall be planted so as to be harmonious with those already planted on adjacent properties and consistent with any other applicable landscaping requirements. SMP '� } 5. Any water-dependent portion of the development shall (a be be minimized and clustered along the shoreline. 6. Surface drainage facilities such as drainage channels .I and retention areas shall be designed, where feasible, to] o SMP S 4- be integral parts of any common trail and open space system connections to the riverfront. 7 . There shall be no over-water structure unless it is g demonstrated that such structure is needed to protect or promote the public interest, or will enhance public access and enjoyment of the shoreline. C►`}� Where a need for an over-water crossing has been demonstrated, such crossing shall (a) provide or allow for a safe pedestrian access under the bridge wherever Draft the bridge crosses a potential river trail route ' identified in the Kent Green River corridor Plan (1980) ; and (b) in the case of public roads, provide a safe pedestrian river crossing having a width of no less than six (6) feet. Draft sr Z(p New Section. 6. 0 SPECIFIC SHORELINE USE POLICIES AND PERFORMANCE STANDARDS AGRICULTURE Agriculture includes the cultivation of soil, production '�� of crops, or the raising of livestock. Policies: s , 1. Agricultural lands should be protected from incompatible patterns of development. Gam" Jl1 2 . The scenic beauty of natural shorelines as well as the historic value of many rural agricultural landscapes should be protected in agricultural development. 3 . The creation of new agricultural lands by diking, draining or filling marshes, bogs or swamps should be prohibited. Performance Standards 5MP S`r✓ C�l 1. Erosion control measures shall conform to guidelines and standards established by the U.S. Soil Conservation Service the U.S. Department of Agriculture. 5. 5 Clv�l sMP og� 2 . Pesticides shall be used, handled, and disposed of in accordance with the provisions of the Washington State Pesticide Application Act, Ch. 17 . 21 RCW, and the Washington State Pesticide Act (Ch. 15. 57 RCW) to prevent contamination and sanitation problems. 3 . Livestock waste shall be disposed of in a manner that S will prevent surface or groundwater contamination. 4 . Manure lagoons shall maintain a minimum one hundred foot setback from any water body, river, creek, marsh, bog or swamp, and if located in the floodplain shall be constructed to an elevation one foot above the base flood level occurring at the site, and if possible, adequately covered. 5 . Manure spreading shall be set back from the shoreline a sufficient distance, no less than twenty five (25) feet from the floodway boundary, edge of a marsh, bog or Draft swamp, or OHWM, whichever is furthest, to prevent animal wastes from entering water bodies or wetlands adjacent to water bodies. • jd1 � 6. A permanent buffer strip of natural vegetation, or planted permanent native vegetation, no less than twenty (20) feet in width, shall be maintained between any tilled or pasture area and the ordinary high water mark of the river, the edge of any marsh, ,bog or swamp, or floodway edge, whichever is greater. AQUACULTURE Aquaculture includes the farming or culturing of food fish, shellfish or other aquatic plants or animals. Performance Standards: 1. All aquaculture shall be permitted only as a conditional use. COMMERCIAL DEVELOPMENT I, Commercial development includes uses and facilities that are involved in wholesale and retail trade or business activities. Performance standards: 1 1. For commercial uses, the building setback line shall be a minimum distance of two hundred (200) feet from the OHWM. Parking facilities associated with such uses are subject to the setback requirement contained in the specific performance standards for Parking Facilities. l 2 . Building setback lines shall take into account the need for visibility of the riverfront park system from public roads at access points. /J 3 . The City shall require and utilize the following / 47loGil / information in its review of commercial development }� proposals: /' a. Whether the activity is water-dependent, water- related, water-enjoyment, non-water-oriented or mixed- use; b. The need for the shoreline location; Draft c. Special considerations for enhancing the relationship of the activity to the shoreline; d. Provisions for public visual and physical access to . the shoreline; e. For mixed-use proposals, present alternative mixes of water-oriented and non-water-oriented uses and activities, structural locations, site .designs and bulk-- considerations, alternative enhancements for natural features of the shoreline, physical and visual public access to the shoreline (both public and private spaces) and other considerations which address the goals and policies of the Shoreline Master Program. SeeZ 4 . New commercial developments shall be located adjacent ,p to existing or planned commercial developments which are e , consisterr�with the provisions of this Master Program, whenever practicable. Development proposals shall be limited to those uses which can be classified as water- oriented, or a mixed use of water-oriented and non-water oriented. Non-water-oriented development, while not / favored, may be authorized as a conditional use. / b DREDGING Dredging is the removal of earth, gravel , silt or debris eIVJ from the bottom of a river, stream or other water body or associated wetland. Performance Standards: 1. Dredging to obtain bottom materials for the purposes rjfR of landfilling is prohibited. 2 . A plan for deposit of dredged materials must be approved by the Administrator. INDUSTRIAL FACILITIES Industrial facilities include facilities for processing, manufacturing, fabrication or storage of goods. � Cho 1. For industrial uses, the building setback line shall �7m �_ Z be a minimum distance of two hundred (200) feet from the OHWM. Parking facilities associated with such uses are subject to the setback requirement contained in the specific performance standards for Parking Facilities. � o 2 . Building setback lines shall take into account the need for visibility of the riverfront park system from � - 3 Draft public roads at access points. 3 . New industrial developments shall be located adjacent e.ev s_ CZ0) to existing or planned industrial developments which are SM P consistent with the provisions of this Master Program, _ (� S k J) whenever practicable. Development proposals shall be limited to those uses which can be classified as water- PC . oriented, or a mixed use of water-oriented and non-water oriented. Non-water-oriented development, while not favored, may be authorized- as a conditional use. LANDFILL S K Landfill is the placement of soil, sand, rock, gravel or sM the other material to create new land along the shoreline y below the OHWM, or on upland areas in order to raise the elevation. Performance standards: yy 1. The following information shall be submitted by the applicant for landfill projects: o�o a. Proposed use of the landfill area; b. Physical, chemical, and biological characteristics of the fill material; C. Source of the landfill material ; d. Method of placement and compaction; e. Location of the landfill relating to natural or existing drainage patterns; f. Location of the landfill relating to the ordinary high water mark, or any marsh, bog, or swamp; g. Perimeter erosion control or stabilization means, and schedule for implementation; h. Type of surfacing and run-off control and treatment devices. 2 . Landfills shall be permitted only where it is demonstrated that they will not result in the following: / a. Reduction in water quality, fish, shellfish, and/or wildlife habitats; b. • Adverse alteration to natural drainage and circulation patterns, currents, rivers, and tidal flows, or significant reduction in floodwater capacities; or c. Adverse alteration of geological processes along the shoreline. 3 . The fill shall be the minimum necessary to accomplish Draft y the proposed use. This use must have shoreline permit 1jl" 1 approval or an exemption authorization prior to �eU(11 placement. Speculative fills are prohibited. U 4 . Where existing public access is reduced, equivalent public access shall be provided as part of the project. MARINAS Marinas include facilities that provide launching, storage, supplies, moorage and other services for ten (10) or more boats. (See also Piers and Docks) . 1 Performance Standards: 1. Marinas must be approved under Section 15. 04 . 200 of S M the Kent Zoning Code, Special Use Combining District. �f 2 . Marinas that provide overnight or long-term moorage S facilities are prohibited. 'yDl 3 . Marinas shall be located, designed, constructed and J' / operated so as to avoid or minimize adverse effects on fish, wildlife, water quality, scenic views, and adjacent water uses. syt ��r9� 4 . Marinas must, submit a fuel spill prevention an o � contingency plan t the Administrator for approval. MINING SM P� 240 Mining is the removal of naturally occurring rock, sand, gravel and minerals from the earth. Mining is prohibited in the shoreline. PARKING FACILITIES Parking facilities are areas for the temporary storage of motor vehicles. Y p Performance Standards: 1. Parking facilities shall be allowed only to serve another permitted use. Draft` �ry 2 . Parking facilities shall be set back a minimum distance of 100 feet inland from the OHWM, or sixty (60) S« SM P (� feet inland from the right-of-way of a scenic and recreational drive, or seventy-five (75) feet inland from the centerline of a dike, whichever is greater. 3 . Parking facilities shall be designed and landscaped to minimize adverse impacts and to enhance water quality, sT7 wildlife habitat, scenic values and public access. A minimum 50-foot buffer of native vegetation shall be required to screen the parking area. The Administrator may allow the depth of the buffer to be reduced to 25 feet if the buffer will be composed entirely of evergreen trees or tall shrubs with a minimum height of six (6) feet at planting, which will provide a one hundred (100) percent sight-obscuring screen within two years from the time of planting. Additional design and landscaping requirements may be imposed by the Administrator in order to meet the goals of the Act and the Kent Master Program. J �,,4A P 5_ _77- 4 . Parking facilities shall provide adequate facilities] / to control surface water runoff. 5. Lighting associated with parking facilities shall beo�p qJ beamed, hooded or directed to avoid causing glare on JJ adjacent properties or water bodies. PIERS AND DOCKS I� Piers and docks are structures which abut the shoreline ' L_� gyp' and are used as a landing or moorage place for commercial and pleasure craft. Piers are built on fixed platforms above the water, while docks float upon the water. Performance Standards: 1. Piers and docks shall only be allowed as part of 1 another water-dependent use. Such piers and docks shallo/o be the minimum necessary for the purpose and removed at the termination of the use. 2 . * The design, location and construction of piers and sfAff-' docks shall minimize adverse effects on fish, shellfish, wildlife, water quality, and geohydraulic processes. �q 3 . Piers and docks shall be located, designed and " operated to minimize interference with adjacent waterf'.� Draft uses. RECREATIONAL FACILITIES �e s MP s-a7 Recreational Facilities provide opportunities for relaxation, play, amusement or contemplation. Recreational facilities include parks, trails, pathways, and areas for passive recreation such as bird watching, photography and aesthetic enjoyment. Policies: \\ 1. Recreational facilities should be developed for, Dls diverse recreational uses. J 2 . Recreational facilities should provide public non motorized trails connecting access points. o�o 3 . Recreational facilities should be designed and GjM P located to facilitate access by public transportation. ] e�x 4 . Trail systems should be separated from the roadway e::j"F 1�-Z� ((p 1 5. Connections to other trails in the region should be—] sm p provided. 6. Trail linkages between access points to and along the 'jMP shoreline should be provided. 7. Trail linkages should be provided as part of any new S M P 5- or expanded bridges built for motor vehicles. d 8 . Trail system bridges should be provided where sM-P )feasible and environmentally sound. 5f�� n 9 . Fishing areas should be provided through City or SM P State acquisition of property. Performance Standards: J� 1. For recreational facilities which are structures, the l7i" building setback line shall be located a minimum of 100 feet inland from the ordinary high water mark, or 60 feet from the right-of-way of a scenic and recreational drive, or 75 feet from the centerline of a dike, whichever is the greater distance inland from the river. Parking facilities shall be subject to the setback requirement contained in the specific performance standards for Parking Facilities. lQ Drafto�� l . 2 . Facilities shall be designed to have a minimum impact 1 y 1 on the natural environment. 3 . Public recreational facilities along the Green River �j Mp shall provide public access to the water's edge at a minimum of one access point per mile. 4 . Public access to the water's edge shall be provided] wherever feasible. SMP s-Z� 5. Recreational facilities along the Green River shal l connect to a trail system along the entire river. 6. Facilities shall be designed to create minimum SM P adverse impact on adjoining property. RESIDENTIAL DEVELOPMENT �p 5- 11 Residential development means the creation of one or more lei buildings, structures, lots, parcels or portions thereof 9 which are used or intended to be used for residential occupancy. Performance Standards: s - 1. Residential development which exceeds a density of 16 dwelling units per acre shall be a conditional use. s-Z 2 . The building setback line for residential development P shall be located a minimum distance of one hundred (100) feet inland from the ordinary high water mark, or sixty (60) feet inland from the right-of-way of a scenic and recreational drive, or seventy-five (75) feet inland from the centerline of a dike, whichever is greater. Parking facilities associated with residential development are subject to the the specific performance standards set forth in the section on Parking Facilities. �1�N 3 . Residential structures shall not be located on marshes, bogs, or swamps. Where developments contain such areas, they shall be used only for the purpose of parks, open space or recreational activity which is consistent with the preservation of the marsh, bog or swamp. SHORE DEFENSE WORKS Draft Shore defense works include structures and modifications for the purposes of flood protection and stabilizing the banks of streams, including jetties and groins. Performance Standards: 1. Such works shall be limited to those areas where structures are endangered -by bank erosion. Is- I- "- 6 2 . Such works shall provide for escapement of fish after 1. high water. 3 . All flood control projects shall: (a) avoid or minimize adverse effects on the natural features of the shoreline and on wildlife habitat and movement; and (b) be designed, landscaped and planted to maximize a natural S shoreline appearance, public access and public recreation. 4 . Riprapping shall be allowed only when thejM lI Administrator determines that existing structures are C ZP) threatened. The applicant shall be required to revegetate the area affected by the riprapping. 5. if a dike or levee is altered, the landward sideslope 5_4 of the dikes or levees shall not exceed 3 : 1 (three feet horizontal for every one foot vertical) . 6. If a dike or levee has been altered, the landward S M P S" 1 (Zz, sideslope of the dikes and levees shall be covered with at least twelve (12) inches of topsoil and permanently revegetated. \ 7 . If public funds are used in the construction of flood s P control works, including dikes, levees, and flood walls, public rights-of-access to such works are required prior to construction. SIGNS s M For the purposes of the Shoreline Master Program, signs rP include any structure, device, letter, figure, character, poster, picture, trademark or reading matter which is used or 'designed to announce, declare, demonstrate, display or otherwise identify or advertise, or attract the attention of the public. Signs do not include official notices, direction, warning or information signs authorized by a court, federal, state or municipal authority. Draft Policies: 1. vistas and viewpoints should not be degraded and visual access to the water from such vistas should not be impaired by the placement of signs. Performance Standards: S-/06 SM P 1. The following signs are prohibited in the shoreline: a. Off-premise signs and billboards; b. Banners, streamers, pennants and balloons; c. Animated, blinking or flashing signs. 2 . Lighted signs shall be hooded, shaded, or aimed so. " ,y that direct light will not result in glare when viewed from surrounding properties or watercourses. SOLID WASTE DISPOSAL SM P S�Z Solid waste disposal is prohibited within the shoreline.] TRANSPORTATION FACILITIES Transportation facilities include passageways for motorized vehicles or trains, including but not limited to such devices as bridges, trestles, ramps or culverts. Performance Standards: �n t0 1. New rail lines are prohibited within the shoreline. 2 . Along the Green River shoreline: a. roads shall be limited to two lanes; b. roads shall be developed as scenic boulevards for slow-moving traffic; C. roads shall provide a trail system separated from the roadway; g � f�>> d. all lots and buildings must have road access without using scenic and recreational roads as defined by the Green River Corridor Plan; e. development shall not include street connections 0 l to scenic and recreational roads; Draft f. development shall not force or encourage traffic from the proposed development to use a scenic or recreational road for access. g. development shall not force or encourage 2D property outside the proposed development to use a scenic or recreational road for access; and 3 . Whenever feasible, road routes shall make provisions for pedestrian and bicycle traffic. 4 . Mechanical apparatus, rather than chemicals, shall be used for brush clearing maintenance unless it is demonstrated that no feasible alternative exists. UTILITIES SM(2 Utilities are services or facilities which produce, transmit, or carry electric power, gas, sewage, communications, water and oil . Performance Standards: 1. Utilities shall be installed underground, unless the applicant clearly demonstrates that this is not feasible. 2 . Utilities shall be installed adjacent to or withinI� existing utility or circulation easements or rights-of- way whenever easible. 3 . Upon completion of installation or maintenance projects, banks shall be restored to a suitable configuration and stability, replanted with native species, and provided with maintenance care until the newly planted vegetation is established. Draft New Section. (This material is based on the existing administrative process, state law, and Ecology/staff recommendations. It replaces the information in chapters 6 & 7 and appendix D of the existing program. ) 7 . 0 ADMINISTRATION 7 . 1 Purpose There is hereby established an administrative system designed to assign responsibilities for implementation of the Master Program and Shoreline Permit review, to prescribe an orderly process by which to review proposals and permit applications, and to ensure that all persons affected by this Master Program are treated in a fair and equitable manner.j 7 .2 Substantial development Any person wishing to undertake substantial development within the shoreline shall apply to the Administrator for a shoreline substantial development permit. Development is defined by RCW 90. 58 . 030 (d) to mean a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the Act at any state of water level. Substantial development is any development of which the total cost or fair market values exceeds two thousand five hundred dollars ($2 , 500. 00) or which materially interferes with the normal public use of the water or shorelines of the state, except for those developments listed in WAC 173-14-040. 7. 3 Exemptions. Certain developments are exempt from the requirement to obtain a substantial development permit. Such developments may still require a variance or conditional use permit, and all development within the shoreline is subject to the requirements of the Shoreline Master Program, regardless of whether a substantial development permit is required. Developments which are exempt from requirement for a substantial development permit are described at RCW 90. 58 . 030 (3) (e) and WAC 173- 14-040. Whenever a development is determined to be exempt from the requirement for a substantial development permit and the development is subject to a U.S. Army Corps of Draft Engineers Section 10 or Section 404 Permit, the Administrator shall prepare a Letter of Exemption in accordance with WAC 173-14-115, and shall transmit a copy to the applicant and the Washington State Department of Ecology. NOTE: EXEMPTION FROM SUBSTANTIAL DEVELOPMENT PERMIT REQUIREMENTS DOES NOT CONSTITUTE EXEMPTION FROM THE POLICIES AND USE REGULATIONS OF THE SHORELINE MANAGEMENT ACT, THE PROVISIONS OF THIS MASTER PROGRAM, AND OTHER APPLICABLE CITY, STATE OR FEDERAL PERMIT REQUIREMENTS. 7 .4 Permit process 7 . 4 . 1 The Administrator shall provide the necessary application forms for shoreline substantial development, variance and conditional use permits. 7. 4 .2 Public notice. Upon receipt of a proper application for a permit, the Administrator shall instruct the applicant to publish notices thereof at least once a week on the same day of the week for two consecutive weeks in a newspaper of general circulation within the area in which the development is proposed. An affidavit of publication shall be transmitted by the applicant to the local government and affixed to the application. In addition to publishing, the applicant will- be required to provide additional notice by one of the following methods: (1) mailing notice to the latest recorded real property owners as shown by the records of the county assessor within at least three hundred feet of the boundary of the property upon which the substantial development is proposed, (2) posting of the notice in a conspicuous manner on the property upon which the project is to be constructed, or (3) any other manner deemed appropriate by the Administrator to accomplish the objectives of reasonable notice to adjacent landowners and the public. All such notices shall include a statement that within thirty days of the final publication of notice, any interested person may submit his/her views upon the application in writing to the Administrator or notify the Administrator of his/her desire to receive a copy of the action taken upon the application. All persons who notify the Administrator of their desire to receive a Draft copy of the final order shall be notified in a timely manner of the action taken upon the application. 7. 4 . 3 Application review. The Administrator shall make decisions on applications for substantial development permits, and recommendations on applications for conditional use or variance permits based upon: - (1) the policies and procedures of the Shoreline Management Act and related sections of the Washington Administrative Code; and (2) the Kent Shoreline Master Program. 7 .4 . 4 Administrator action. The Administrator shall make decisions on applications for substantial development permits. All such decisions shall be in writing, and shall be issued no sooner than 45 days from the time of the application. 7 . 4 .5 Public hearings. The Administrator shall schedule a public hearing before the Kent Hearing Examiner on an application for a conditional use or variance permits. Notices of the hearing shall include a statement that any person may submit oral or written comments on the application at the hearing. The minimum time from the date of application to the date of the hearing is 45 days. 7 . 4 . 6 Hearing Examiner action. The Hearing Examiner shall review an application for a permit and make decisions regarding permits based upon: (1) the Kent Shoreline Master Program; (2) the policies and procedures of the Shoreline Management Act (ch. 90. 58 RCW) and related sections of the Washington Administrative Code; (3) written and oral comments from interested persons; and (4) the comments and findings of the Administrator. The Hearing Examiner will issue a written decision within fourteen days from the date of the hearing. 7 . 4 . 7 State review. Within eight (8) days of the issuance of the written decision, the Administrator shall transmit copies of the action taken and the application materials to the Washington State Department of Ecology and the State Attorney General. The applicant shall also be notified of the action taken. Where a substantial development permit and a conditional use or variance permit are required for a development, the actions taken on all permits will be filed concurrently with the Department of Ecology and the State Attorney General. Conditional use or variance permits must be approved by the Department of Ecology before they can become � - 3 Draft effective. The department shall transmit its final decision on such permits within thirty days of the date of submittal. Upon receipt of Ecology's decision, the Administrator shall notify all persons having requested notification of the decision. 7 . 4 . 8 Development pursuant to a permit shall not begin and is not authorized until thirty (30) days from the date of filing the approved permit with the Department of Ecology and the Attorney General, provided all review and appeal proceedings initiated within 30 days of the date of such filing have been terminated. In the case of a variance or conditional use permit, the "date of filing" means the date the Department of Ecology' s final order on the permit is transmitted to the city. 7 . 4 . 9 Duration of permits. Permits may be issued with termination dates of up to five years. Construction or substantial progress toward completion must begin within two years after approval of the permits. The Administrator may authorize a single extension before the end of either of these time periods, with prior notice to parties of record and the Department of Ecology, for up to one year based on reasonable factors. 7 . 4 . 10 Compliance with permit conditions. When permit approval is based on conditions, such conditions shall be satisfied prior to occupancy or use of a structure or prior to commencement of a nonstructural activity. 7. 5 Appeals. 7 .5. 1 Local appeals. Any decision made by the Administrator on a substantial development permit, or by the Hearing Examiner on a conditional use or variance permit may be appealed by the applicant, private or public organization or individual, to the City Council. Such appeal must be filed with the City Clerk and the Administrator within ten days of the decision being appealed, and must be accompanied by the required filing fee. 7 . 5. 2 Shoreline Hearings Board. After the local appeals process has been exhausted, persons aggrieved . by the grant, denial, rescission or modification of a permit may file a request for review by the Shoreline Hearings Board in accordance with the review process established by RCW 90. 58 . 180 and Ch. 173-14 WAC, and with the regulations of the Shoreline Hearings Board contained in Ch. 461-08 WAC. The request for review must be filed with the Hearings Board within 30 days of the date of filing of the local Draft permit decision with the Department of Ecology. 7. 6 variance Permits 7 . 6. 1 Purpose. The purpose of a variance permit is strictly limited to granting relief from specific bulk, dimensional or performance standards set forth in the Master Program, and where there are extraordinary or unique circumstances relating to the property such that the strict implementation of the Master Program would impose unnecessary hardships on the applicant or thwart the Shoreline Management Act policies as stated in RCW 90. 58 . 020. Construction pursuant to a variance permit shall not begin nor can construction be authorized except as provided in RCW 90. 58 . 020. In all instances, extraordinary circumstances shall be shown and the public interest shall suffer no substantial detrimental effect. 7 . 6. 2 Application. The application process for a variance permit is described in section 6 . 4 . 3 above. 7 . 6. 3 Criteria. variance permits may be authorized provided the applicant can demonstrate all of the following: a. That the strict requirements of the bulk, dimensional, or performance standards set forth in the Master Program preclude or significantly interfere with a reasonable use of the property not otherwise prohibited by the Master Program. b. That the hardship described above is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size or natural features and .the application of the Master Program, and not, for example, from deed restrictions or the applicant' s own actions. C. That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the shoreline environment. d. That the variance permit will not constitute a grant of special privilege not enjoyed by the other properties in the area, and will be the minimum necessary to afford relief. e. That the public interest will suffer no substantial detrimental effect. Draft f. Variance permits for development that will be located either waterward of the ordinary high water mark or within marshes, bogs or swamps, as defined in this Master Program, may be authorized only if the applicant can demonstrate items a-e of this section, and: (1) that the strict application of the standards set forth in this Master Program preclude a reasonable permitted use of the property; and (2) the public rights of navigation and use of the shorelines will not be adversely affected by the granting of the variance. - 9- In the granting of all variance permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if variances were granted to other developments in the area where similar circumstances exist, the total of the variances should also remain consistent with the policies of ch. 90. 58 RCW and should not produce substantial adverse effects on the shoreline environment. 7 .7 Conditional Use Permits 7 .7 . 1 Purpose. The purpose of a conditional use permit is to allow greater flexibility in varying the application of the use regulations of the master program in a manner consistent with the policies of RCW 90. 58 . 020; provided that, conditional use permits should also be granted in a circumstance where denial of the permit would result in a thwarting of the state policies listed in RCW 90. 58. 020. In authorizing a conditional use, special conditions may be attached to the permit by the City or the Department of Ecology to prevent undesirable effects of the proposed use. Uses which are specifically prohibited by the Master Program may not be authorized with approval of a conditional use permit. 7.7 . 2 Application. The application process for a conditional use permit is described in section IA above. 7 .7 . 3 Uses are classified as conditional uses if they are (1) designated as such elsewhere in this Master Program or (2) consistent with the underlying shoreline environment designation in which proposed, but not classified as permitted uses in Section 6, Specific Shoreline Use Policies and Performance Standards. 7 .7 . 4 Uses classified as conditional uses may be authorized provided that the applicant can demonstrate Draft all of the following: a. That the proposed use will be consistent with the policies of RCW 90.58 . 020 and the policies of the Kent Master Program. b. That the proposed use will not interfere with the normal public use of public shorelines. C. That the proposed use of the site and design of the project will be compatible with other permitted uses within the area. d. That the proposed use will cause no unreasonably adverse effects to the shoreline environment designation in which it is to be located. . e. That the public interest suffers no substantial detrimental effect. 7 .7 .5 In the granting of all conditional use permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if conditional use permits were granted to other developments in the area where similar circumstances exist, the total of the conditional uses should also remain consistent with the policies of ch. 90. 58 RCW and should not produce substantial adverse effects on the shoreline environment. 7 . 7 . 6 Uses which are not classified or set forth in the master program may be authorized as conditional uses, provided the applicant can demonstrate, in addition to the criteria set forth in section 7 . 4 above, that extraordinary circumstances preclude reasonable use of the property in a manner consistent with the use regulations of the program. 7 .7 . 7 Uses which are specifically prohibited by this program may not be authorized. 7 . 7 . 8 In granting any conditional use permit, consideration shall be given to the cumulative impact of additional requests for like actions in the area. 7 . 8 . 0 Nonconforming Development. 7 . 8 . 1 Nonconforming development shall be defined and regulated according to the provisions of WAC 173-14-055 . Draft 7 . 9 . 0 Amendments to the Master Program. Any provision of this Master Program may be amended as provided for in chapter 90.58 RCW and chapter 173-19 WAC. Amendments or revisions to the Master Program, as provided by law, do not become effective until approved by the Washington State Department of Ecology. Proposals for shoreline environment redesignations (i.e. , amendments to the shoreline maps and descriptions) must demonstrate consistency with the criteria set forth in WAC 173-16-040 and this program. 7 . 9. 2 . Severability If any provisions of this Master Program, or its application to any person or legal entity or parcel of land or circumstances, is held invalid, the remainder of the Master Program, or the application of the provisions to other persons or legal entities or parcels of land or circumstances, shall not be affected. y ,�.• VIOLATIONS . A. It is a violation of the Kent Shoreline Master program, KCC Chapter _, for any person to initiate or maintain or ,cause to be initiated or maintained the use of any structure, land or property within the shorelines of the City of Kent without first obtaining the permits or authorizations required for the use by Chapter _. B. It is a violation of Chapter _ for any person to use., construct, locate, or demolish any structure, land or property within shorelines of the City of Kent in any manner that -is not permitted by the terms of any permit� or authorization issued pursuant to Chapter _, provided that the terms or conditions are explicitly stated on the permit or the approved plans. C. It is a violation of Chapter _ to remove or deface any sign, notice, compliant or order required by or posted in accordance with Chapter _ or Chapter 12 . 12A. D. It is a violation of Chapter _ to misrepresent any material fact in any application, plans or other information submitted to obtain any shoreline use or development authorization. E. It is a violation of Chapter for anyone to fail. to comply with the requirements of Chapter _ I 1011 0 ! DUTY TO ENFORCE. A. It shall be the duty of the Administrator to enforce Chapter _ The Administrator may call upon the police, fire, 09380-330 DRAFT - g � l health or other appropriate City departments to assist in enforcement. B. Upon presentation of proper credentials, the Administrator' or duly authorized representative• of the Administrator may, with the consent of .the owner or occupier .of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject. to the consent or warrant to perform the duties imposed by the Shoreline Master Program or Chapter _ C. The Shoreline Master Program shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons. D. It is the intent of the Shoreline Master Program to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings within the scope of this Program. E. No provision of or term used in the Program is intended to impose any duty upon the City or any of its officers or employees which would subject them to damages in a civil action. 14M,0 6L INVESTIGATION AND NOTICE OF VIOLATION. x 4 A. The Administrator or his/her representative investigate any structure, premises or use which the Administrator reasonably believes does not comply with the standards and requirements of the Shoreline Master Program. 09380-330 DRAFT g � z B. If after investigation? he Administrator determines that the Program's standards or regaTrements have been violated, the Administrator shall serve a Notice of Violation on the owner, tenant or other person responsible for the condition. The Notice of Violation shall provide: 1. A description of the specific nature, extent and time of violation and the damage or potential damages; and , 2 . A notice that the violation or the potential violation must cease and desist or, in appropriate cases, the specific corrective action to be taken within a given time; and 3 . A notice that the required corrective action shall include, if appropriate, but shall not be limited to, mitigating measures such as restoration of the area and replacement of damaged or destroyed trees. C. The Notice shall be served upon the owner, tenant or other person responsible for the condition by personal service, registered mail , or certified mail with return receipt requested, addressed to the last knowh address of such person: If, after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person or. personsis unknown or service cannot be accomplished and the Administrator makes an affidavit to that effect, then service of the Notice upon such person or persons may be made by: 1. Publishing the Notice once each week for two (2) consecutive weeks in the City's official Newspaper; and 2 . Mailing a copy of the Notice to each person named on the notice of violation by first class mail to the last 09380-330 DRAFT - 13 known address if known, or if unknown, to the address of the property involved in the proceedings. D. A c ONY of the Notice shall be posted at a conspicuous place on the property, unless posting the notice is not physically possible. F. The Administrator may mail, or cause to be. delivered to all residential and/or nonresidential rental units in the structure or post at a conspicuous place on the property, a notice which informs each recipient or resident• about the Notice of Violation, Stop Work Order or Emergency Order and the applicable . requirements and procedures. G. A Notice or an Order may be amended at any time in order to: 1. Correct clerical errors, or 2 . Cite additional authority for a stated violation. 0' 8L: EFFECTIVE DATE. Any notice of violation issued under this chapter which contains an order to cease and desist shall be effective immediately upon receipt by the person to whom the Notice is directed. TIME TO COMPLY A. When calculating a reasonable time for compliance, the Administrator shall consider the following criteria: 1. The type and degree of violation cited in the Notice; 09380-330 DRAFT �'�`_ 2 . The stated intent, ,if any, of a responsible party to take steps to comply; 3 . The procedural requirements for obtaining a permit to carry out correction action; 4 . The complexity of the correction action, including seasonal considerations, construction requirements and the legal p�C"erogatives of landlords and tenants; and r( 5 . Any other circumstances beyond the control of the responsible party. B.- Unless a request for remission or mitigation of the. penalty before the Administrator is made in accordance with Section the Notice of Violation shall become the final order of the Administrator. A copy of the Notice shall be filed. with the Department of Records and Elections of King County. ' The Administrator may choose not to file a copy of the Notice or Order if the Notice or Order is directed only to a responsible person other than the owner of the property. CEASE AND DESIST WORK ORDER. . Whenever a continuing violation of the Shoreline Master. Program will materially impair the Director's ability to secure compliance with the Program, or when the continuing violation threatens the health or safety of the public, the Director may issue a Cease and Desist .Order specifying the violation and prohibiting any work or other activity at the site. A failure to comply with the Cease and Desist Order shall constitute a violation of the Shoreline Master Program. 09380-330 DRAFT L ��. EMERGENCY ORDER. Whenever any' use or activity in violation of this Code threatens the health and safety of the occupants of the premises or any member of the public, the Administrator may issue an Emergency order directing that the use or activity be discontinued and the condition causing the threat to the public health and safety be corrected. The Emerg'en.cy Order shall specify the time for compliance and shall be posted in a conspicuous place on the property, if posting is physically possible. A failure to comply with an Emergency Order shall constitute a violation of the Shoreline Master Program. Any condition described in the Emergency Order which is not corrected within the time specified is hereby declared to be a .public nuisance and the Administrator is authorized to abate such nuisance summarily by such means as may be available. The cost of such abatement shall be recovered from the owner or person responsible or both in the manner provided by law. REVIEW OF PENALTY BY THE ADMINISTRATOR. A. Any person incurring a penalty imposed in a notice of violation issued by the Administrator pursuant to Section _ 3Yf: oq may obtain a review of the penalty by making application for remission or mitigation of the penalty within fifteen (15) days after service of the notice. When the last day of the period so computed is a Saturday, Sunday or, federal or City holiday, the period shall run until five p.m. (5 : 00 p.m. ) on the next business day. The application shall be in writing, and upon receipt of the application, the Administrator shall notify all persons served with the Notice of Violation and the complainant, if any, of the ' date, time and place set for the, review, which shall be not less than ten (10) nor more than twenty (20) days .after the application is received, unless otherwise agreed by all persons served with 09380-330 DRAFT `"` the Notice of Violation. Before the date set for the remission or mitigation hearing incurring a penalty in the Notice of Violation may submit any written material to the Administrator for consideration at the review. B. The review will consist of an informal review meeting held at the Planning Department offices. A representative of the Administrator who is familiar with the case and the applicable ordinances will attend. The Administrator's representative will explain the reasons for the Administrator's issuance of the Notice and will listen to any additional information presented by the persons attending. At or after the review, the Administrator may remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. The Administrator may also choose to continue to review to a date 'certain for receipt of additional information. C. The Administrator shall issue an Order of the Director containing the decision on the penalty within seven (7) days of the date of the completion of the review and shall cause the same to be mailed by regular first class mail to the person or persons named on the Notice of Violation, mailed to the complainant, if possible, and filed with the Department of Records and Elections of King County. $lK14&A , EXTENSION OF COMPLIANCE DATE. The Administrator may grant an extension ,of time for compliance with any Notice or Order whether pending or final, upon the Administrator' s finding that substantial progress toward compliance has been made and that the public willinot be adversely affected by the extension. 09380-330 DRAFT An extension of time may be revoked by the Administrator if it is shown that the conditions at the time the extension was granted have changed, the Administrator determines that a party- is l not performing corrective actions as agreed, or if the extension creates an adverse effect on the public. The date of revocation shall then be considered as the compliance date. N Q APPEAL OF CIVIL PENALTY. A. Right of Appeal . Persons incurring a penalty imposed by the City may appeal the same to the Shorelines Hearings Board. B. Timing of Appeal . Appeals shall be filed within thirty days of receipt of the' Notice of Violation unless an application for remission or mitigation is made to the Administrator. If such appeal is made, appeals must be filed within thirty days of receipt of the Administrator's decision regardingt e remission or mitigation. A. in addition to any other sanction or remedial procedure• which may be available, any person violating or' failing to comply with any of the provisions of Chapter _ shall be subject to a cumulative penalty 'in the amount of one thousand dollars ($1, 000) . Each permit violation or each day of continued development without .a required permit shall constitute a separate violation. nn B. Any person who, throu h an act of commission' or . omission procures, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty. 09380-330 DRAFT !��- C. Penalties imposed by this section shall become due and payable thirty days after receipt of notice imposing the same unless application for remission or mitigation is filed. Whenever an application for remission or mitigation is made, penalties shall become due and payable thirty days after receipt of the Administrator's decision regarding the remission or mitigation. Whenever an appeal of a penalty is filed, the penalty shall become due and payable upon completion of all review proceedings and upon issuance of a final decision confirming the penalty in whole or in part. D. n Th-e-penaity imposed by this section shall be collected by civil action brought in the name of the City. The Director shall notify the City Attorney in writing of any penalty owed the City and not paid within thirty days after it becomes due and payable, and the City Attorney shall , with the assistance of the Administrator, take appropriate action to collect the penalty. Md, � E. ^ Tie olator m y Show as full or partial mitigation of liability: 1. That the violation giving rise to the action was caused by the willful act, or neglect, or abuse of another; or 2 . That correction of the violation was commenced promptly upon receipt of the notice thereof, but that full compliance within the time specified was prevented by inability to obtain necessary materials or labor, inability to gain access to the subject structure, or other condition or circumstance beyond the control of the defendant. l�V l L CRIMINAL PENALTIES . In addition to incurring the civil liability under Section _ above, any person found to 09380-330 DRAFT '��^ r have wilfully engaged in activities in violation of the Shore Master Program shall be guilty of a gross misdemeanor, and shall be punished pursuant to RCW 90 . 58 . 220 by a fine of not less than twenty-five 'nor more than one thousand dollars ($25 . 00-$11000. 00) or by imprisonment for not more than ninety days, or by both such fine and imprisonment: PROVIDED, that the fine for the third. and all subsequent violations in any five year period shall not be less than five hundred nor more ten thousand dollars ($500 . 00-$10, 000 . 00) . ADDITIONAL RELIEF. Any person who violates any provision of this chapter or permit issued pursuant thereto shall be liable for all damage to public 'or private property arising from such violation, including the cost of restoring the affected area to its condition prior to violation. The Administrator may request that the City Attorney shall bring suit for damages on behalf of the City under this section. The Administrator may also seek legal or equitable relief to enjoin any acts or practices and abate any. condition which constitutes or will constitute a violation of the shoreline Master Program when civil or criminal penalties are inadequate to effect compliance. 09380-330 .DRAFT g�/o p 0 m�. > s l¢ 5 190TH ST II n Jy S 192 U 9fNC �„ ' m i c i w x I sTH r W 3 =r I W/ s 1H T 1 T i m ¢ 204 ST 5 20 TH /) 5206 H ' l S 208 H ° TI i 5 212 TH 5T a>>� � p 212TH 5T 4 5 216TH 5 LO 5 216TH ST - SE 2 t I a- m TH = W J J 220TM ST - d - > ¢ 6 N Y 2 > m Z 1 5 T H x e --- 5 228Try 51 5 28 aT' - Y � m r m 0 m yr §e1.. 5 234r 5T > ¢ a o ~ W � >U T n JAME4 ST z x 2 >¢ o szuT Di _ m a LEGEND _ ¢ J R + U L in ;3 ,x. SMITH T 9HIT 51 m 2 _ 200 FT LINE \ RURAL — r i URBAN CONSERVANCY .0 CITY LIMITS a MAPLE 51 5 260TH ST TZ \ \ Se 260T ,T� 5 .6. 3 — 3 5 263 0 ST ¢ CL L y SE 2641H m J�C66T I S5T 9 1 m I 27Pan T \ I \ LEGEND . 200- FT LINE RURAL URBAN CONSERVANCY ., �-� CITY LIMITS o / / �lf•YID'/ JI 1J 'l 1jM1"'t ir•r+V"Z 1 11 i:i. \ 1 JJJ/�1 <`y�iS ay' RSt♦ S�3"'`xfxFina ,p Itji J��/ � / �—\� ` {:I:i� k°{'g'�``' J `K;7:�i•7:•7,1i• ....ham.,tip.,' ��l S 190TH ST :i•7i ,yF MiG' ' ,ji�•i,:(t�:.. :.Fli 1[et:t�<:1C^.�:�'1�1:�E`���`:��i`?p�:'t.iyi'nF:i tt<%��' I ♦ `... _ 77 77 ' V CO l S 2OO)H ST ------------ z y Ei �a � � r 53S �.Ek 33�tSif �- F £�. LEGEND 200 FT LINE 1 IRURAL l ;;, URBAN ' 0 CONSERVANCY �1CITY LIMITS SCALE: 1 400' . ZZ) J o pp99 d s 5 t 4 � l fJ LEGEND11 �� 3 a S W flag y 200 FT LINE RURAL ("' °' 5 isa r f ` -- URBAN z` CONSERVANCY ' CITY LIMITS SCALE: 1 ''= 400' _ ti$:•_ I —1 CD l t:: y S 21 ' IT i p, c:4• a C] ' ��./ � •��Oat" <h;G o S 216TH STq� i c < O . :<t';. I , tt .a % / z �3 F 3£'f a L�. CJ } �- s I a Cl— LEGEND J F 'c 200 FT LINE l 1 RURAL URBAN CONSERVANCY � ' C I TY LIMITS J Ln,/ SCALE: 1 ''= 400' �— L ` 1 Ys aF�i w (\ t 3* ri r a }� t t 4�1AW b y C. i -t }• 3 i ji , s.. I If cr __ s s n � 1 WT P v e� r F END FT LINE AL l FK URBAN % CONSERVANCY C �( . . . CITY LIMITS SCALE: 1 l= 4001 --- t t � d f -• ul f77 o F fir? ?' ♦f , } z�ykr,S3 a:x \ . 3 L 1 9eg b' r .. //J II y ♦L ♦ 1. ,I Y ♦ , Y ♦! L\R =, <t ! t < L < < < J V J � T � �? ♦ ." v�ro � �......... Air 1'..3 i� iF 's sl i Fk ^ u ro r "'�.. �, ♦L ,..,.. �± xyx s a'� <' k£ I.Ml IN ED Al j If s •}••ti L s t� ✓n�,t;$�� pL�ytl ltr F r<; J �,53a �u1 s LP LEGEND x 1 LEGEND 200 FT -LINE RURAL URBAN ES ' CONSERVANCY j . . . CITY LIMITS SCALE: 1 "= 400' — 1 AN 6 i • A :T R � a � III I 11 •��_ -- p ` 1 w Er,ER sr L D TE� p � FF SR 516 i2 < 'J Ej l: ❑ Q L/ Lu 9 N LEGEND . 200 FT ' LINE ?lti: RURAL URBAN CONSERVANCY - . . I CITY LIMITS - SCALE: 1 "= 400' o l � I SR 516 WILLIS -� o O ❑ 4 d° ❑ Q Q OCJTp , 3l, (jr) ❑ ❑W cr- Q �OO f. LEGEND 00 t • ' 200 FT, LINE RURAL o o URBAN CONSERVANCY Am L1 I I I CITY LIMITS .� r. ❑ SCALE: 1 "= 400' Li00 sF F'^ < 4 Q 0 0 , s P JAI F S ,i L IJ Y o a° C o tj q +z G5 l 1. s r .0 ❑ 0 I I ��\ 171 ST ❑ ❑ ❑ ❑ 4 ❑ ❑ ❑ � � El ❑ 62ND ST 0 I ,I o �:�> a o ❑o o fl I ❑ ❑ ❑ ` ` ❑ o� ❑ > G e I cl Q' c o0000 El II o o0000 ` fl '�B 266TH �4 T nO 1 LEGEND " � I 200 FT LINE - RURAL URBAN a I qr CONSERVANCY u—! CITY LIMITS SCALE. 1 400' � I n fn 1 � T p o c2 9 T�i\ \ \\ S S \, \ ,L l 7 I^`ram '.J� !:\L.`l�� ':>.[•:l L�:�L.,\::.y �V• > o odoo *'�• ' Do 47 cr- cl El /�(\�\) i:.•�Ii' fir':�•'•• .O h , 200 FT LINE RURAL URBAN CONSERVANCY ' CITY LIMITS i SCALE: 1 ''= 400' ' • 's'r�:•-� CONSENT CALENDAR 3 . City Council Action: } Councilmember 0 / moves, Councilmember _ seconds that Consent Calendar Items A through K be ape, p oved. i. Discussion Action 3AJ Approval of Minutes. Approval of the minutes of the regular Council meeting of May 7, 1991. �3B. Approval of Bills. Approval of payment of the bills received through May 15, 1991 after auditing by the Operations Committee at its meeting at Nv 4:45 p.m. on May 28, 1991. Approval of checks issued for vouchers: Date Check Numbers Amount Approval of checks issued for payroll: Date Check Numbers Amount Council AgeVa., Item No. 3 A-B Kent, Washington May 7 , 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, Woods and White, City Administrator Chow, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Finance Director McCarthy, Acting Police Chief Byerly, Personnel Director Olson, Assistant City Administrator Hansen, and Information Services Director Spang. Parks Director Wilson was not in attendance. Approximately 120 people were at the meeting. PUBLIC Mayor Kelleher acknowledged the presence of King COMMUNICATION County Councilmember Kent Pullen, who represents this area, and thanked him for his attendance at tonight ' s meeting. Employee of the Month. Mayor Kelleher announced that Jerri Broeffle, Jr. has been selected as Em- ployee of the Month for May. He noted that Jerri works in the Planning Department as the Home Re- pair Coordinator and works hard to meet the in- creasing needs for the low-income families served through the City' s paint and repair programs. Planning Director Harris and Lin Ball of the Plan- ning Department commended her on her talent and caring attitude. Correctional Officer Week. The Mayor read a proc- lamation declaring May 5-11, 1991, as Correctional Officer Week in the City of Kent and urging all citizens to acknowledge the professional service the Correction Staff provides to the community. Domestic Abuse Women's Network (DAWN) . Jeanette Paulson, President of the Board of Directors for DAWN, thanked the Mayor and Council for their fi- nancial and moral support and introduced Linda Rasmussen who presented them with a plaque. Rasmussen also expressed appreciation for the City' s help with the United for Shelter project for victims of domestic violence and their child- ren. Regional Justice Center. Lynda Anderson intro- duced Arthur Wallenstein, Director of the King County Division of Adult Detention, Wendy Keller who is in charge of the jail planning process for King County, and Denise Couza, who is in charge of public relations for the jail siting. Ms. Keller 1 May 7, 1991 PUBLIC noted that several alternatives had been examined COMMUNICATION from full regional justice centers to additional (Regional capacity in Seattle, and that their recommendation Justice is for a non-downtown regional justice center with Center) the flexibility to expand when growth occurs. She noted that a final environmental impact statement will be complete by the end of May, and that only after the County has studied the documents and made their decisions would site selection proceed. She said that hopefully sites will be identified in June or July, and that the issue could appear on the ballot in September. She noted that work groups were set up to look at detention needs, as well as law, safety and justice growth and their impacts on all the cities in the County. She noted that because it is impossible to know how large King County will grow in 20 years, that con- struction would be done in two phases with a large increment in the beginning and a smaller increment later. She said they studied cost, accessibility and flexibility, and decided on Option G which has courts, prosecutors and all of the criminal jus- tice components. She noted that a large contin- gent of people are in favor of keeping all capa- city where it presently is in Seattle, but that other people feel it should be more accessible to all of King County. She pointed out that a high- rise in Seattle will cost more, but staffing would be less; in King County the structure will cost less but staffing would be a bit more. Keller noted that the regional justice center as it is currently planned will require a site of 16-18 acres, which would allow for the first phase of building and for additions in the future. Upon Dowell ' s question, Wallenstein noted that the goal is not to be locked into one single option for the future, but to have options available which would be determined by county growth, policy considerations and availability of funding. He noted for White that they are not currently look- ing at sites, that the decision as to the type of facility must be made first. He noted for Mayor Kelleher that the site criteria will address local community goals, and that the facility should be located in an area with a reasonably high workload to serve the needs of the criminal justice system. 2 May 7, 1991 PUBLIC Ms. Keller noted for Dowell that the County will COMMUNICATION mitigate adverse impacts and that the city select- (Regional ed as the site will have opportunities to negoti- Justice ate with the County. Wallenstein noted that their Center) recommendation is that a jail not be built alone, but that courts be nearby. He cited the extraor- dinarily high cost, the inefficiency and the dan- ger of moving prisoners as reasons. Woods ex- pressed concern about the short time period and emphasized that voters should be aware of where the sites will be. White stated that he supports the regional justice center concept and that if Kent is chosen as a site, consideration should be given to a downtown site rather than a site in the industrial area. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR H be approved. White seconded and the motion car- ried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of April 16, 1991 with the following corrections: 1. LID 339 - Hilltop Avenue Sanitary Sewers Change assessment amount from $5 , 953 . 18 to $6, 953 . 18 2 . Approval of Bills Change approval of checks issued for payroll from 1152779-1153468 $599 , 326 . 20 to 1153464-1154149 $625, 128 . 99 SEWERS (CONSENT CALENDAR - ITEM 3C) LID 339 - Hilltop Avenue Sanitary Sewers. ADOPTION of Ordinance 2982 creating LID 339 as approved by Council at their April 16 meeting. (BIDS - ITEM 5B) Decanting Stations. Bid opening was held April 24 and one bid was received from Harper Pacific Con- tractors in the amount of $96, 947 . 20 . Inasmuch as only one bid was received which greatly exceeded the Engineer' s estimate, staff recommends that the bid be rejected. WHITE SO MOVED. Woods seconded and the motion carried. 3 May 7 , 1991 TRAFFIC (CONSENT CALENDAR - ITEM 3F) CONTROL Metro Park and Ride Agreement. AUTHORIZATION for the Mayor to sign an agreement with Metro whereby Metro would reimburse the City' s cost in the de- velopment of the expansion of Kent-Des Moines Park and Ride Lot, as recommended by the Public Works Committee. ASPHALT (CONSENT CALENDAR - ITEM 3G) OVERLAYS 1991 Asphalt Overlay Agreement. AUTHORIZATION for the Mayor to sign the agreement with King County authorizing them to proceed with overlay of those portions of So. 204th and So. 256th Streets which are within the City limits and for the City to re- imburse the County for same, as recommended by the Public Works Committee. ANNEXATIONS (CONSENT CALENDAR - ITEM 3H) Annexation of Area No. 1 (West Hill Island) . AU- THORIZATION for the Annexation Committee to move forward on annexation of Area No. 1 (West Hill Is- land) as recommended by the City Council Planning Committee. (OTHER BUSINESS - ITEM 4A) East Hill Annexation. At the April 16 Public Works Committee meeting, the Public Works Director recommended pursuing annexation of Areas 1, 3 and 4 as delineated on the map of the East Hill area in order to give Council greater control over the 272nd, 277th corridor. It should be noted that these annexation areas are all part of Area 3 of the City' s overall priority annexation areas. The Director of Public Works would like Council con- currence to pursue the annexation before directing staff to obtain the 10 percent petition. The Public Works Committee determined they would send this item to the full Council for discussion with no recommendation. Since the Public Works Committee meeting, one pro- perty owner has requested that all her property be included within the annexation area. As such, the boundary of Area 1 is amended to reflect same. Orr noted that the reason this item came from the Public Works Committee without a recommendation is that they lacked information, and that the infor- 4 May 7 , 1991 ANNEXATIONS mation has not yet been provided. She then MOVED (East Hill) that this issue be removed from tonight ' s agenda and be sent back to the Public Works Committee for further review. Johnson seconded and the motion carried. Later in the meeting, DOWELL MOVED that the Coun- cil reconsider it' s vote to remove Item 4A from the agenda. White seconded for discussion. Dowell pointed out that the Public Works Depart- ment has asked for direction as to whether to pro- ceed on the project. He noted that the Public Works Committee felt it should be brought to Coun- cil rather than being held up in committee. Orr explained that she would like more information on the project and clarification of the process, which could be done at committee level. White asked for more cooperation between the departments working on the project. Mann stated that discuss- ing this item tonight would be unfair to the peo- ple who left after it was removed from the agenda. The motion to reconsider removal of Item 4A from tonight' s agenda failed with only Dowell voting in favor. SHORELINE (CONSENT CALENDAR - ITEM 3D) MASTER Shoreline Master Program Amendments. AUTHORIZATION PROGRAM to set May 21, 1991 as the date for a public hear- ing to consider amendments to the Shoreline Master Program. DES MOINES (OTHER BUSINESS - ITEM 4C) SHOPPING Midway Crossing. Pat Dunham, a resident of Des CENTER Moines, voiced concern about the proposed develop- ment of a shopping center at the southwest corner of SR 516 and SR 99 . She cited traffic, access, closeness of the shopping center to homes, noise from the service road and loading docks, and loss of wetland and woods as concerns. Planning Director Harris explained for the Council that the proposal to develop this property is pre- sently going through the SEPA process, and that it would normally be handled through the Planning De- partment and not appear before the Council . Cheryl Hogan spoke regarding the lack of public notification, and the Mayor noted that State Rep- s May 7, 1991 DES MOINES resentative Lorraine Hines had contacted him re- SHOPPING garding the posting of notices. The Mayor pointed CENTER out that Planning Director Harris has extended the comment period until May 18. Harris added that letters have been sent to all residents adjacent to the property and the site has been reposted. He stated that public input is valuable, and that it should be in written form. He agreed to meet with citizens after tonight ' s meeting regarding the written input. LIBRARY (CONSENT CALENDAR - ITEM 3E) Library Board Appointment. CONFIRMATION of the Mayor' s appointment of Les Thomas to the Kent Li- brary Board of Directors replacing JoAnn Brady, whose term has expired. CITY SHOPS (BIDS - ITEM 5A) City Shops Equipment Washrack. Bid opening was held April 10 with four bids received. The low bid was submitted by R. K. Construction in the amount of $28 , 427 . 39 . Staff recommends that $17 , 000 be transferred from the Equipment Rental Fund for this project and that the contract be awarded to the low bidder. WHITE SO MOVED. Woods seconded and the motion carried. PARKS & (OTHER BUSINESS - ITEM 4B) RECREATION Scenic Hill Park Master Plan. The Parks Depart- ment seeks authorization to adopt the Scenic Hill Park Master Plan. The Parks Committee reviewed two proposals, and as a result of community feed- back, recommends approval of a plan which includes a tennis court, gravel paths, lighted parking, a children's play area, restroom/shelter, and land- scaping. Helen Wickstrom of the Parks Department noted that this project is part of the Interagency Committee for Outdoor Recreation grant application. White noted that he had been concerned about basketball facilities and had been assured by the school dis- trict that they are updating their facilities which are adjacent to the park. Colie Hough noted that fifty-five parking stalls have been incorpor- ated into the plan, and that the school district will provide lighting, landscaping, irrigation and safe walkways. She noted that the total project 6 May 7, 1991 PARKS & will cost approximately $440, 000 and the IAC grant RECREATION would be a 50% match. She added that as many trees as possible are being preserved and that 50% of the park will be left natural . DOWELL MOVED that the Scenic Hill Park Master Plan be adopted. White seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through April 30, 1991 after au- diting by the Operations Committee at its meeting at 4 : 45 p.m. on May 14 , 1991. Approval of checks issued for vouchers: Date Check Numbers Amount 4/13/91-4/30/91 104148-104726 $1, 574, 487 . 66 Approval of checks issued for payroll : Date Check Numbers Amount 5/3/91 1154150-1154875 $ 620, 611. 15 REPORTS Administrative Reports. Mayor Kelleher announced (Personnel) that he has appointed Ed Crawford as the new Police Chief. He introduced Mr. Crawford, who said he is looking forward to working for the City of Kent. (Budget) City Administrator Chow announced that Finance Di- rector McCarthy will present a brief budget up- date. McCarthy stated that budget sessions with various departments will be held soon and asked for final direction from the Council . He noted that sales tax and building permit revenues are lower than expected, and that health and liability insurance rates are projected to go up next year. He also noted that labor agreements have already been set- tled. He stated that this combination results in a budget which is out of balance by $3 . 5 million. He added that this is the most pessimistic view and that things may improve. He outlined possible options to balance the budget as follows: 7 May 7 , 1991 REPORTS .Use some of the $2 , 000, 000 General Fund Contin- (Budget) gency. .Make one time only transfers from other funds to the General Fund. The CIP has approximately $3 million to allocate in 1992 . The Unemployment Compensation Fund probably has an excess $200, 000 to $300, 000 in reserves. .Move from a slowdown to hiring freeze saving $4 , 000 per month per vacant position. 14 vacan- cies for 19 months from 6/1/91 to 12/31/92 saves $1. 1 million. .Have the departments propose a percent decrease for 1992 . A 1% decrease saves approximately $330, 000. .Increase the utility tax. 1% raises about $1. 1 million per year. McCarthy noted for White that if Police and Fire positions are not cut, other departments would be required to cut more positions. Woods noted that she is reluctant to touch the contingency fund and is not in favor of raising taxes. She suggested discussing this issue at a workshop after more information and recommendations are available. McCarthy noted that the departments will be advised to cut their budgets by 10%. Dowell offered the following suggestion: Use $505, 575 from the general fund contingency, use some combination of $250, 000 from the CIP and Un- employment Funds, enact a hiring freeze at $1, 100, 000, and a 5% decrease in department budgets, which would total $1, 650, 000 . He pointed out that this could be done without raising the utility tax. The Mayor suggested that this item be discussed at a workshop, so that the Council will have prior notification. He also asked that Suzette Cooke of the Chamber of Commerce be notified of such a meeting. 8 May 7, 1991 ADJOURNMENT The meeting was adjourned at 8 : 30 p.m. Brenda Jaccber:, CMC Deputy Cityl _-C-lerk 9 Kent City Council Meeting Date May 21. 1991 Category Consent Calendar 1. SUBJECT: SALE OF REAL PROPERTY -- j(6L C( S AC Ce5 2 . SUMMARY STATEMENT: Acceptance and approval of the sale and disposition of Lots 1, 2, and 3 of said Walkers Acres as set forth in the earnest money agreements, and further authorization for the City Attorney or the City of Kent Property Manager to execute any and all documents necessary to finalize the transactions. Pursuant to RCW 69. 50.501, the City of Kent acquired real property seized during a recent criminal forfeiture action. The City obtained an appraisal on the various parcels, one containing a single family residence, and listed the property for sale. The City has recently secured earnest money agreements on three of the parcels described as follows: Lots 1, 2 , and 3 , Walkers Acres, S.P. 90-22, and recorded under King County Auditor's file No. 9103010512 . Sales prices are: Lot 1 (with home) - $170, 000; Lot 2 - $36, 000; Lot 3 - $35, 000. All offers meet or exceed the appraisals. Council is asked to approve the sales as set forth and authorize closing on the same. 3 . EXHIBITS: rnest money agreements for Lots 1, 2 , and 3 of Walkers Acres 4 . RECOMMENDED BY: Cit Attorne 's Office Public Works Department. Public Safet Committee (Committee, Sta f, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL P ONNEL IMPACT: NO X YES FISCAL PERSONNEL NOT : Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ N/A SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3C`/ Asir.teAO '.. PullMillais Association Pees 1.12 P.p. RESIDENTIAL REAL ESTATE PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED 7I11S AGREEMENT AFFECTS YOUR LEGAL RIGHTS.YOU ARE ADVISED TO SEEK LEGAL ADVICE BEFORE SIGNING. The Buyer, ,I L. Ch-•.K. •QVb' �0 agrees to buy a d sane /pr��a to eel,an the following terms,the property known lee O 9L Clyol N-6 L G /Ht Counry,WaeNrpton•le9anydescrlbed 0asanadlad as labwa: riz (Buyer and Soler authorize agent or closing agent to sort onect, oar]a{'s algnaNn 9u I%ao)al desorption of 1. PURCHASE PRICE.The purchase price ts� -��lyt:jl�_�I���a/iNc !& l If I v Inducing Me earnest money. l � of �) l / 1 ••�/ 2. METHOD OF PAYMENT.r��l CC, cur, ly / tJ y/(I\CI✓Q(/1`' CII./)1 ell f M11�'kr e6( � xf �✓ 4 .e/"Ul � 't ,4, C6o- r cJ 0 .1 �i PT-a-ce-a lei o"ry}/ cam- - CL�,�v-d 3. FINANCING. This offer PU✓Is El Is hot/con lllloned an Buyer obtaining 91,�Conventional ❑FHA 0 VA purchase loan.(If It Is.attach Addendum No.22A) A. CONTINGENCY.This a/gloomenl"la [3 Is not condWoned on the sale of Buyer's home. (if[I Is,such Addendum No. 229)n �/ y S. ASBESTOS/UREA FORMALDEHYDE.Seller represents that: >Wr•-'^+x O�.s�Lo Clc-CCcJ .DL•(�I Ld 10 ll- L-2-.�r There Is❑Is not any urea-lormaldehyde or asbestos Insulation. � // 6 �f There❑N ❑Is not any asbeaws on or In the ceilings,furnace,air ducts or water plpe-4.- ,L S. UT1LIT1ES. Seller warrants that the property Is connected to a:k4fubecwaler main❑we1l�Publle er main (]septic lank D none of the foregoing. 7. LEASED FIXTURES.THE FOLLOWING FIXTURES ARE LEASED: none [3 furnace gas canvefslon burner(]hot water heater pother .Any leased fixtures are Included Inthe sale and SELLER AG REES TO ACCUIRE TITLE TOTHE SAME PRIG R TO CLOSING. LISri srawnrzT rlrnc (ZG~-vr•y/PLPZ fdr rtcdt -/-cc S. CLOSING OF SALE.The dosing a0en1 snail he a such other dosing agent of Buyer snail designate. Uparegreph a above is not coMllianedon sale of Buyers home this sawshail beclosed on ,19_orsconerbyagroemanlal Neparaes. tth If paragraph a above la conditioned on sale of Buyers home this sale shag be closed /0 days(10 days ff not filled In)altar closing the sale of Buyer&home a days(3011 rot Ried In)attar Buyers waiver of Uat conlhgency,or sooner by agreement of the parties. 9. POSSESSION.Buyer shall be entilled to possession*dosing p -Closing-means the date on which all documents are recorded and the sale proceeds are avagable to Seller.Sailer agrees to maintain the property and Included appliances In Nair present condition,normal wear and lear excepted,until Buyer is entitled t10 34 (/,�,// / -//�, 10. AGENCY DISC L SURE. At the signing of this agreement.the Selling Agent 1 1 L.H J1'1 4-1 Q y�.L.tLY.A✓71n[' /-4 .. OL c�or I / gma/•n1n as•1�^/p AgeM Mask. represented �' andlhe Listing Agent C�1O1-' /tslit LN-LI(-u LUM1 nn.sn m••a LYI Ag•nl aM brdud 6� repruenlad Each parry signing Ws agreemanl confirms that Prior Oral and/or written disclosure at agency was provided a himl her In this trensacdo , 11. DEFAULT AND ATTORNEY'S FEES.In finewentaldaraull by Buyer,Sailer shell have the election to either:(a)Retain the ecmestmoney as liquidated damages,(b)Collect actual damages,W(c)Obtain spedfie perfamunce togelhervAth any Incidonai damages.In the event that Buyer,Sailer or Agent shag Institute suit hereunder,the successful party la ensiled to court coats and a reasonable attorney's lee.In the even)of Wal the amount of the ananey's fee shall be fixed by the court The venue of any sal shag be the county In which the property Is located. 12. INCLUDED ITEMS.Any of the allowing personal properly located In or an the Property Is included in INS sale:ball-h appliances;wall-to-wall carpeting;curtains•drapes eM as other window treaunenta;window and door saeene;awnings;storm doors and windows:Installed television antennas;vandiating•air conditioning,and healing squlpraenf wood stoves;fleepfaco Inserts:Irrigation fixtures and equipment electric garage door openers;water hostels;Installed electrical fixtures;lights and light bulbs:shrubs,plants and Uses;hot tuba;and all bathroom and other 9xtures. 13. CONDITION OF TITLE. Unless otherwise specified In this Agreement.Ube to tiro property shag be marketable al closing. The following shall not cause the IDa to be unmarketable:rights,reservations,covenants,conditions and restrictions presently of record and general M the area;easements and encroachments rat maleflaihy affecting Me value aim unduy Interfering with Buyefs Intended use of the property;and reserved oil anawminng rights.Monaary encumbrances not assumed by Buyer Mall be paid by the Seller on or before closing. 14. TiTLEINSURANCE.Seller authafzes LaMar MClaafflg Agent.at Settees expense,M apply for a standard form buyers policy of tide Insurance,with haoeoweers adoldooal pmlection and Inflation prole clan endorsements II available at he additional cost. The Preliminary commltrnent therefor,end the tltie policy to be Issued,shall conatn no elmepilons other then the General Exclusions am Exceptions In sold standard forth. If tlge cannot be made so Insurable prior to the dosing dale the earnest money shall, unless Buyer eiecb to waive such defects or encumbrances,be refunded to the Buyer,less any unpaid costa described In paragraph 29 hereof,and this Agreement shall thereupon be terminated. IS, CONVEYANCING/PERFORMANCE. WARRANTY DEED.Tide snag be Conveyed by a Sammy Warranty Deed.Ilthls Agreement is fa corwayance ate Buyers htefesl Ina Heal Estate Conlracl,Me Statutory Warranty Deed Mall Include a Buyer's assignment of the convect snfftolant to ozrway,after acquired Age. SECURITY.If Ills Agreement is fa sale on either a Real Estate Contract or a Note secured by Deed of Trust,the parties agree to the FOAM(S)ATTACHED I IERETO unless an Institution providing(Inandng requires different forma.If Real Estate Contract Form LPB-AX Is attached hereto,only those optional causes In that lam required by Ina terms of olds Agreement shall apply. LIABILITY FOR PAYMENTS.The holder is mgtied to collect payments on a Reel Estate Comma or Note EVEN THOUGH THE BUYER ABANDONS andor offers to butt claim the propery,to the holder. PERFORMANCE. Time Is of the essence of Uds Agreement. ASSIGNMENT. Buyer may not assign this Agreement.of Buyer's rights hereunder,without Seller's prior written consent,unless provided otherwise herein. 15. UNDERLYING ENCUMBRANCES. If there Is an existing Deed of Trust,Real Estate Contract.or other encumbrance which Is to remain unpaid attar dosing and Its low, require the holders consent to this sale,Buyer agrees to promptly apply for such consent and this Agmemard la conationea on It being obtained. 17. CONDITION OF WELL.Sellerwanants the private well of any)serving the propary:(a)Has always prwlded an adequate supply of household and yard water,meeltnq Slate Depvbnenl of Social and Health Services purify aandwds;and (b)Continued use of the well Is authorized by a Sale Water Right Conificale or Is legally exempt from the requhamenl a a Certificate. 18. CONDITION OF SEPTIC SYSTEM.Seller womants that the septic system(if any)serving the property Is:(a)In good working order and Seller has no knowledge of any needed repairs;and(b)Mesa all applicable Governrnenat.health,construction and other standards. 19. SALE INFORMATION.Selling Agent is authorized to repon this Agreement(Including price and all leans)lu lee Multiple Listing Service that pubfiMod It and to its members; financing Institutions;appraisers;and anyone also related to this sale. Buyer end Sellarauthodze ell IendeM,elo ing agents.appraisers,06e Insuranceeompenies,and others related to this sale,to furnish the lung anaa selling agents,onrequefl, any and all Information and copies of documents concerning the saps,progress and Anal disposition of nnandng,appraisal,dosing,tree concildon,aM any other matter concerning this sale.INCLUDING BUYER'S CREDIT REPORT.(FHA regulations pmhlblt lenders giving credit Infamedon w anyone on FHA loam.) 9� INITIALS:Buyer&L Buyer��seas--a, Sena i Q � �e�bH�, � p�1e • ������ o Cwydghl lead P9MIA Farm No.m& Pugm Sound MaNwe U.169 A...CW n Be,syaa ALL RIGHTS RESERVED Page I of a Pages VACANT LAND PURCHASE AND SALE AGREEMENT TTIIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.YOU ARE ADVISED TO SEEK LEGAL ADVICE BEFORE SMaNWG, D .19 _— ,k j agroos tobuy Tna Boyar, bid and Some,apnea u toll.on Ina following a ertynowna/ rms,the Prop k DaoRew K,��{- :r County,Was"mon,Steady describod❑as atiacled oaa lollows: I.O� Z city of :.. ews"L � Fl w.r�'-4-n•('S � ' 9)OgOIn � IZ Ann r -�D16 cc on (Buyer am Sailer au rcrize agent or clitoris u nt a hsen or correct,beer fair 'g lureithe legal o above properly,) O 1. PURCHASE PRICE.ThtQ/prrchase S y��yy hCutlhg me aarnaal y. 2. METHOD OF PAYMENT. + 'u �' LAN all itu Aral Sao X� at CGf1,Q@O4i ,cac�,�.�� �•� C� CITY OF KENT Q MAY 10 1991 ENGINEERING DEPT. B. PERCOLATION TEST DISCLOSURE,Iflhe PIDPerrylebcalaa)ANyBGow"rWlsmt:(a)Se edbyanappimadpubecorprNuefawarsyslam:and(b)lalobolmproved for residential or bushes uss;Sailor&peas todal Buy cdaoon Tit Dlatlown wgWrad by King County. / 17 e. SHORT PLAT.The plopropertyhas been R I I 1 oar%lobo,ahrwlplelled.Il It has boon,be Short Plat Number is In ore legal desalpgon above. JM oalyraq S, ZONING. Seller warrants that am current zoning designation Is: & a. UTILITIES.The property is preenoy esrved by A: (apubgawatar main 0private wad❑ unity wet Cdsewer main Q gas main tasalacMe disNbution mid❑none of a*foregoing.The him'nrvod by'mew(oacaPl In ire sass of a wad)that a main or One capable of adoqu&tsiy Serving the enure propeM abuts or adjoins bo propery sl soma potnl.NOTWITHSTANDING THE FOREGOING,It Is the BUYER'S RESPONSIBILITY TO VERIFY withindays,(10 days 11 not AAed In)hom the dale of this Asreomenl,that arty ulllllea sonkrg the property meat Buyers noses.11 Ne Buyer dots nor give mace to the wnvwy within said number of days,It sham be conduslvoly doomed Ail said udode do moat Buyers needs 7. CLOSING OF SALE.This shall be closed an c)w1vA Iqm .12�.!_•or sooner by agreamonlol the panlaa,by yo .��,�� 1 or such other dosxq agent as Buyer Shall de signals. Z L U Se 477 W'1- EStRow .F•�+kT.etrc/io.✓.r Tv �eF�O d.Mc CAuG.SrAw 1xoyF,ery',A.r..s aeR a�'�'dwfr,•�f �Ji S. POSSESSION. Blow Shea be entitled to possession 2fign doslnp "Cbsmrg'mams are date onwhldl all documents are rocorded and the aoaa procaeds are evalleble lo Seller.Seller egress to moamah the DroPwry and htlWotl appdanc&a in boar proseni condition.rennal wear and loan oxcepted,unto Buyer IS enWled to Possession. 1 9. AGENCY DISCLOSURE.At the signing of uda agraelssm,ths Selling Avon] A x )/f 'N.e Min•ot�•eeg Agar,AM M m-C— ` ropresereted 1✓t��1�L -^��the LmUng Agent l.AI6BL_aS,c1V/deQun ne s • I er —�c^10-r represented �'P^ .Each party signing ON Agreemoniwnwma that prior oral wwrluan oasWtoeolapenLywe pool ,dwNM her In INa Varuacaon. 10. DEFAULT AND ATTORNEY'S FEES.Info event otdolaull by Buyar.Sollenhall have the elscaon uelther(a)Retain me earnest money as liquidated damages,(b)Collecl aoual damaga&,W(h Obtatn•Padllc parfwmmce ugemerwllh airy IrddtnW dsmeges.In On want far Buyer,Sodar cr Agent emus Insowu suit hWSuMW.the succesah o IIs moved to court oaths and a reasonable aoarnaye has In ths event of NM the wrounl of be altarney'a lea shall be Axed by the court.The venue of any cull ahem be fire worry In wttiw be properly Is located. it. CONDITION OF TITLE. Uniess omorwime spscued In this Apsomel,ape to 09 WOPwry shall be mmkamble at dosing. The following shall not Gauss me 11118 to be u kel&bre:fight,.roservaaws,awenanaoi conoamns and rosNcows presently of record and general to the area:oasoments oral amroedmonls not mllorWty allocung the value olor unduly Inuderhg with the Buyers Inlondod use of the property:and lissrrved ON anNor mlNng rights. Monetary encumbrances not assumed by Buyer shall be paid by Boost on Or balue closing. 12. TITLEINSURANCE,Sellarauowdze&Lendoem Closing Agenl.at Boom'&expense,to apply lwaslandwd farm Wyeespollcy ofddslnsuunsa,wllhhomaaner'saddlt" protecoon am inflation promotion,andwaemants If available at no ada doneal wit. The preliminary comrrmanent morolw,and me doe policy 10 be Issued,shad lawuh no exceptions Door than ore Gonoral Exclusions and Exceptions In aid wanted form. If Use cannot be made so Insoable palm le the closing dale the ownest momy Sham, unless BuyN elects ID waive such defects or ancumbwms,be relund o to the Buyer,lee arty unpaid mats described In paragraph 27 hereof,and due agrsamonl&has IMroupon be terminated. 12. CONVEYANCINGIPERFORMANCE. WARRANTY DEED.Tlfle ahad bit comayed by a Sowamy Wwranry Deod.It this Agreement Is for conveyance of a Buyers Interest Ina Real Estate Contract,fire Smulcry Womanly Deed&hall Include a buyers assignment of be wntracl sullldent a convey alter acquired age. SECURITY.It this Apeemonl Is for awe on eider a Rout Engle Contract or a Note secured by Dead of T(usl,me parties agree to the FORMS)ATTACHED HERETO unless Gar Inedwllon poviding fimndrlg roqulre&dllleranl IMMS.II RoM Eamie Conuacl Fwm LPB•ae Is amcmd holato,wry foes upoonal Winos h mat form regWaod by ou tarmS of INa Agreement them apply. LIABILITY FOR PAYMENTS.The holder is anoaed to called payments on a Real Estate Cwtrea or Note EVEN THOUGH THE BUYER ABANDONS wrdlw offers to quit damn the property to the holder. PERFORMANCE.Time IS of"essence of INS Agreement. ASSIGNMENT.Buy or may mt assign this Agreement,or Buyer'&rights horeumer,wWroul Sellers prlw written consent.uNess provled 0 barrel so herein. sit. UNDERLYING ENCUMBRANCES. Il there Is an exlsan d at Twsl,Real Ealete Contract w other ancumbmnom which is to remote unpaid allay closing and Its forms require the holders"sent IG this Gala,Bu a u t ro apply for itch consonl and INa Agaoament ts condlewed ant bohg obtained. Is. CONDITIONOFW soar s s Sary a property:d)Has always provled an adoquale supPlyal household amyordwatar,meadno Slate DoDaamonl of Sat m Heafl$61 a I teed use of the well is authorized by a Stele Water Right CeNAas or Is legally oaempt from the requbemonl of a C N to. 16. CONDITIONOFS CSY err del Ism Qf any)moming the propwry:(a)It In good working order and Sailer has no knowledge of any nooded re(pak/S;e�au Ib) d a cal o rune a In.cortatmaUofl nd omar StamuNa. - r WITIAC Buyer Sellw Sella CRY OF KEN) &G A APR.3 D 1991 CC,,,I2N Ieeo PSMLA Form No.25 Puget Sound Multiple Living Association Rev,a/te ALL RIGHTS RESERVED Pegs I ate Pages VACANT LAND PURCHASE AND SALE AGR AVEEHING DEPT. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.YOU ARE ADVISED TO SEEK LEGAL ADVICE BEFORE SIGNING. / G 9 /�,a� p�� /�/f �l ,}ry+,�',}�'/ - /S .ill The Buyer. z4©6�lIL L%N7!/'7f2yL�rl���/y L-i ¢ ey !f s `lit - �' agrees to buy and seller sere a to sell,on the Iolld rng terms,the proper known asloVnear City of rim _ County,Washington,legally doacdbod;0q;aaaaaoeereed g,as lollo e.: ( G2E _ .N tcGrded U"C? v' Killr �0�-- L�cPt ^JYf w / ? 0 J'/Z a A CQ ! n eS/a PJC /Af7eVS �'y<O* (B}'yer and Sager authorize a�nr�or d rep over their signaluras,the legal doscdpdon o1 the above property.) tit LIF177�A QRI C� � tt J 1(\ Dot L r Sl1AE PRICE. 7yDl+}SV?o prior is (�/ /00 Ir ,Including ma earnest mdrsdY. / ( " � l�I Y ��• 2. METHOD OF PAYMENT. I- ilk �v 7`"' In eF- r--b PJ- S(C'u Iye C (AI-e.In. lTvlta D. PERC?FAT. SCLOSURE.II the praparryb located In Kling Court ry and is ME:(a)Served by an approved Nbll c or p,Nate sewer By s tam:and(b)Is to b a lici ad for res use;Seller apses to deliver to Buyer the PereoWuon Test Dladoaure required by King County. AJ 4, SHORTerty P(Tos been .snort plotted.If It has bean,No$nwl Plat Number b Iq no legal daacl,Uon above. 5. ZONING. Seller warrans Nat the arNem zoning designation la: 6. UTILITIES.The property is Presently servedby a: Wpubllc wale,main 0prlvalewe Ommmu irywell]{7 snore m in Q gas main�elocblc Ibulbn line[]nma of Me furagoing.The tone"served by'mean(except In the ass of awed)that a main w line apabla of adequately s Ing Ina eml,e property abuts or adloina the prGporty at some point.NOTWITHSTANDING THE FOREGOING,It Is the BUYER'S RESPONSIBILITY TO VERIFY wlMln clays,(10 days II not filled In)from the date of this Agreement,dial any W Ildes serving Ma property meet Buyer]needs.If the Buyer does not give nodco to no Cannery within said number of days,It shall be,cenctuslvely doomed Nat said uilddoa do meet Buyoea needs, `'� i p•!'ram / 7. CL1 Oz.SINOOFSALE./T�h�s sa/l9g s/p�,nil�Da close%�l on N-tc-v-�d tO 19�.orsopnor by agreement of the Pledge.0y Ls`/,410 C(L__or Omer dosing agent as Buyer snail designate. - L ESC hUW In Ttl'U Ct NMI' �rw1,.,(//�• Mr-Cnv9hn.0 Pre Pertly A,A. Alj-r zzo Se ^i7R Ave 1'(e vsj')/ `I 1'P3 6. POSSESSION. Buyer shall be onll0ad In possession yyon dosing 0 'Clminq'maans me date on which all documents are recorded and the sale proceeds are avoidable to Seller.Seller agrees to maintain the property and Induced appliances In Malt present condlUon,normal wear and coat excepted,until Buyer is entitled to possession. ///� \/�� o , S. AGENCY DISCLOSURE. At Me signing of Nis agreement.the Selling Agent P l(%s-t�i \IQ AA ' 1nI /� n (In/u}nAmos of 5a/tlly/y AgentaM y�dyJ I represented ,C A and the Listing Agent l ,q // —✓I l "LL(.l�(w i`rw/L(� F' /np mean nether aTiFiLiNlnsglY//�em�6rafiai represented .(Y/ i .Each parry signing MIS Agreement confirms that prior oral and/or dnen dlsdosure ofagoncy was provided to him, her In this Vansacdon. 10. DEFAULT AND ATTORNEY'S FEES.In me event of default by Buyer.Seller shall have the election 10 either:(a)Retain the earnest money as liquidated damages.(b)Collocl� actual damages.or(c)Obtain spodlic performance together wish any Incidental damages.In the event Mal Buyer,Seller"Agent shag Institute Suit hereunder,the succasslul party Is angled to mart dais and a reasonable attorney's lee.In Me avant of Ma!the amount of Me attorney's too shall W fixed by Me court.The venue of any suit shall ba the county In which me property Is looted. 11. CONDITION OF TITLE. Unies,glhww1e9 spedfied In into Agreement.We to Ma prowny shall ba marketable at dosing. The iollowing shall rot cause Me Wlo to be T\i unmarkalabie:rights.reservadons,covenants,candidate,and,esvletions preeenliy of amid and general to Me area;Basements and eneroacnments not materially accepting the value of or unduly Mledering win the Buyers Intended use of the pmpemy:and reserved oll anon,mining rights.Whatley ancumbrom s not assumed by Buyer shall ba paid by Sollw on w before dosing. ll,.,e T// fir' A iF � f iysia f t /r,P2 jL 12. TITLE INSURANCE.Seller autho Lander Closing soc rn/,hItomo"n.1'saa onal p,elBtlion and MOaUOn protection wdaraema1S 11 available a(no addllOnMl met. The preliminary commitment heeor,and the[life policy 10 be Issued,shall pdOlaln her ascopdo is other Man Me General Exclusions and Excepllons In said standard font+. 11 tine cannot W made so Insurable prior to no dosing dale the earnest money shall, unless Buyer elects to waive such detects or ena,mbrances,be refunded to We Buyer,less any unpald costs dosalbad In paragraph 27 horoot.and MIS a0mo mom shall thereupon be lerminaled. 11 CONVEYANCINO/PERFORMANCE. WARRANTY DEED.TWO shall be conveyed by a Sceculery Warranty Deed.It Mis Agreement is lot conveyance are Buyers lnlasoat Ina Real Estalo Convact.the Slawmry Warranty Deed shall Include a buyers assignment of no contract sul6den1 to convoy ahoy acquired UUe. SECURITY.If Ihia Aproomanl is for sale on olther a❑oo!E state Contractors Note secured by Deed of Trust.tho parties agree to the FORMS)ATTACHED HERETO unless an Institution providing financing requires diflorent forms.II Rea!Estate Convect Form LPS-441s attached heroic,only Hose optional clauses In that form required by no terms of this Agreement shall apply. LIABILITY FOR PAYMENTS.The holder is andded to collect payments on a Real Estate Contract or Nate EVE N THOUGH THE BUYER ABANDONS enactor offers to quit claim Me property to no holder. PERFORMANCE.Time is of the essence of this Agreement, ASSIGNMENT. Buyer may not assign"a Agreement,or Buyer's rights hereunder,without Seller'a prior written consent.unless provided olhe,wlse heroin. U. UNDERLYING ENCUMBRANCES. If there Is an existing Deed of Trust.Real Estate Contract or other encumbrance which Is to remain unpaid after closing and Its terms requite the holders cement to this Sala.Buyer agrees to promptly apply for such consent and MIS Agreement Is mndlaened on it being obtained. 15. CONDITIONOFWE L. It warrants warrants the private well(it any)serving Me property:(a)Has always provided an adequate supply of household and yard water,meeting Stale Department of Soc �A i a purify Standards;and (b)Continued use of the well is authorized by a Store Water Flight Celdtlale or Ie legally exempt troth Me requirement of a C n I �(IlII,1y 16. CONDITION OF S EPTIC YSTEM.hpp/lp' r Ithe septic Bys tam(it any)sorving Me proper ry:(a)Is In good working order and S ollar has no knowlic cp eofanynaaded repairs;and(b)Meals all applIata B/(,_WII,Plir)s al,heal M,censwc ion and one,standards. INITIALS:Buyer A� Buyer Seller � — Se�e'r lv Kent City Council Meeting Date May 21. 1991 Category Consent Calendar 1. Sim.: METRO SEWAGE DISPOSAL AGREEMENT 2 . AUHHUX __ As recommended by the c Works_ omm ittee a ion of r the-Pfayor o sign amendment to 7 'V agreement for sewage disposal with Metro. _ 3 . EXHIBITS: Excerpt from Public Works Committee minutes and agreement 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCALjPERSONNEL 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. 3D✓ PUBLIC WORKS COMMITTEE APRIL 16, 1991 PRESENT: Steve Dowell Gary Gill Leona Orr Tony McCarthy Don Wickstrom John Bond Roger Lubovich Jerry McCaughan Carol Morris Mr. and Mrs. Rust Tom Brubaker Bob Hirsch - Metro Vehicle Registration Fee Wickstrom explained that in order for the City to spend the funds the County will be collecting effective July 1, it is necessary to adopt a resolution confirming the process for meeting the transportation planning, programming and coordination requirements of the legislation. Wickstrom continued that if approved by the Committee he would bring the resolution before the full Council after it has been reviewed by the legal department. The Committee unanimously recommended adoption of the resolution after review by the legal department. Metro Agreement — Park And Ride Lot - Kent/Des Moines Road Wickstrom explained that the City has received a grant from TIB to expand the Park and Ride Lot on Kent/Des Moines Road. Metro will pay 100% of all local costs and will be responsible for the design and construction of the expansion. The project will require de- annexation of two lots from Sea-Tac which we are pursuing. It was confirmed that Metro would also be covering the cost of the de- annexation. The Committee unanimously recommended approval for the Mayor to sign the agreement. Metro Sewage Disposal Agreement Wickstrom commented that action on this agreement had been tabled in May of last year until we had determined the extent of cleanup required at the lagoon and Metro's part in that, if any. We have concluded that any cleanup will be minimal and not a factor in the terms of this agreement. Approval of the agreement would result in a net increase in sewer charge to the City. Currently the sewer rate is based on 900 cubic feet per month. After several studies, Metro has determined that the single family residence typically uses 750 cubic feet per month; thus, the agreement would change the base to 750 cubic feet. This shift results in a reduction in the Public Works Committee April 16, 1991 Page 2 residential monthly charge ' but a significant increase to the commercial accounts. Bdb Hirsch indicated that 31 of 37 cities have signed the agreement. Kent is the largest city that has not signed. Wickstrom stated that 100% of the agencies have to sign the agreement before it can take effect. It is anticipated this would be effective January 1, 1992 . Wickstrom added that the rates reflected in the agreement were last year' s rates and Metro could be implementing a rate increase by the time the agreement is in effect. Bob Hirsch stated that the Metro rate projected for next year is $14 . If this agreement is effective the rate will be $12 . 80 which is lower than the current rate of $13 .20 . The Committee unanimously recommended approval. 1991 South County Asphalt Concrete Pavement Overlay Wickstrom explained that the County' s 1991 Overlay project involves a portion of two streets which are in the City limits - S . 204th between Frager and Orillia and a portion. of S . 256th by 116th. They are proposing to overlay that portiori within the City limits if the City will reimburse them for the cost. Funds have been included in the City' s 1991 Asphalt Overlay program. The Committee _ unanimously recommended approval. East Hill Annexation The last time this item was discussed Steve Dowell asked for the financial impact of the annexation. Wickstrom displayed a map showing all the annexation covenants and agreements that we have. The outer boundary of the proposed annexation area as shown on the map was established based on our water and sewer franchise boundaries together with what appeared to be a logical boundary. We have covenants amounting to 53% of the assessed value of the entire area and 60% is required for annexation. Areas 1 and 2 are the only areas for which we have adequate annexation agreements, 78% in Area 1 and 89% in Area 2 . Financially, none of the areas would be self sustaining. For Areas 1 and 2, the costs projected by the Fire Department were based on N'no enhancements. The Fire Chief indicated to bring the level of service up to what he considered appropriate would be $307 , 000 a year. The Police Department projected costs as if Areas 1 and 2 were fully developed estimating $1, 0191343 to service. Area 1 has the least impact in terms of the general fund. Just looking at Street, Police and Fire and excluding immediate needs such as vegetation management and asphalt pavement work, Area 1 would probably pay for itself . CITY OF KENT MUNICIPALITY OF METROPOLITAN SEATTLE AMENDMENT TO AGREEMENT FOR SEWAGE DISPOSAL THIS AMENDMENT Made as of the day of , between the City of Kent, a municipal corporation or the State of Washington (he+reinafter referred to as the "city") and the Municipality of Metropolitan Seattle, a metropolitan municipal corporation of the State of Washington (hereinafter raferred to an "Metro") ; WITNESSETH; WHEREAs, the parties have entered into a long term Agreement for Sewage Disposal dated May 16 , 1967 , as amended (hereinaftez referred to as the "Basic Agreement") ; and WHEREAS, an advisory committee composed of elected and appointed officialS in the metropolitan area was appointed by the Metropolitan council to examine the structure of Metro's charges to its participants ; and WHEREAS, said advisory committee, following extensive research, study and deliberations, has recommended certain changes in the structure of Metro's charges to its participants and implementation of said changes requires amendment of the Basic Agreement; and WHEREAS, the parties have determined that the recommendations are in the best public interest and 2 therefore desire to amend said Basic Agreement to implement said recommendations; NOW, THEREFORE, it is hereby agreed as follows: Section Amendment of Section 5 of the Basic 84resmant. section 5 of the Basic Agreement is hereby amended to read as follows: "Sac -ion S. Pam ant for Sewag@, Disposal. For the disposal of sewage hereafter collected by the City and delivered to Metro the City shall pay to Metro on or before the last day of each month during the term of this Agreement, a sewage disposal charge determined as provided in this Section 5. 1. For the quarterly periods ending March 31, June 30, September 30 and December 31 of each year every Participant shall submit a written report to Metro setting forth: (a) the number of Residential Customers billed by such Participant for local sewerage charges as of the last flay of the quarter, (b) the total number of all customers billed for local sewerage charges by such Participant as of such flay, and (c) the total water consumption during such quarter for all customers billed for local sewerage charges by ouch Participant other than Residential Customers. The quarterly water consumption report shall be taken from water meter records and may be adjusted to exclude water which does not enter the sanitary facilities of the customer. Where actual sewage flow from an individual customer is metered, the metered sewage flows shall be reported in lieu of adjusted water consumption. The total quarterly water consumption report in cubic feet shall be divided by 2,250 to determine the number of Residential customer equivalents represented by each 3 I Participant's customers other than single family residences. Metro shall maintain a permanent record of the quarterly customer reports from each Participant. The city's first quarterly report shall cover the first quarterly period following the date when sewage is first delivered to Metro and shall be submitted within thirty day■ following the end of the quarter. Succeeding reports shall be made for each quarterly period thereafter and shall be submitted within thirty (30) days following the end of the quarter. 2. (a) To form a basis for determining the monthly sewage disposal charge to be paid by each Participant during any particular quarterly period, Metro shall ascertain the number of Residential Customers and Residential Customer equivalents of each Participant. This determination shall be made by taking the sum of the actual number of Residential customers reported as of the last day of the next to the last preceding quarter and the average number of Residential Customer Equivalents per quarter reported for the four quarters ending with said next to the last preceding quarter, adjusted for each Participant to eliminate any Residential Customers or Residential Customer equivalents whose sewage is delivered to a governmental agency other than Metro or other than a Participant for disposal outside of the Metropolitan Area. (b) For the initial period until the City shall have submitted six consecutive quarterly reports, the reported number of Residential Customers and Residential Customer equivalents of the City shall be determined as provided in this subparagraph (b) . on or before the tenth day of each month beginning with the month prior to the month in which sewage from the City is first delivered to Metro, the City shall submit a written statement of the number of Residential customers and Residential Customer 4 i equivalents estimated to be billed by the City during the next succeeding month. For the purpose of determining the basic reported number of Residential Customers and Residential Customer equivalents of the City for such next succeeding month, Metro may at its discretion adopt either such estimate or the actual number of Residential Customers and Residential Customer equivalents reported by the City as of the last day of the next to the last preceding reported- quarter. After the City shall have furnished six consecutive quarterly reports the reported number of Residential Customers and Residential Customer equivalents of the city shall be determined as provided in the immediately preceding subparagraph (a) • (c) If the City shall fail to submit the required orts when due, Metro may make monthly and/or quarterly rep er of Residential Customers and its own estimate of the numb Residential Customer equivalents of the City and such estimate shall constitute the reported number for the purpose of determining sewage disposal charges. 3. The monthly sewage disposal charge payable to Metro shall be determined as follows: (a) Prior to July lot of each year Metro shall determine its total monetary requirements for the disposal of sewage during the next succeeding calendar year. Such requirements shall include the cost of administration, operation, maintenance, repair and replacement of the Metropolitan Sewerage System, establishment and maintenance of necessary working capital and reserves, the requirements of any resolution providing for the issuance of revenue bonds of Metro to finance the acquisition, construction or use of sewerage facilities, plus not to exceed 1% of the foregoing requirements for general administrative overhead costs. 5 (b) To determine the monthly rate per Residential Customer or Residential Customer equivalent to be used during said next succeeding calendar year, the total monetary requirements for disposal of sewage as determined in subparagraph 3(a) of this section shall be divided by twelve and the resulting quotient shall be divided by the total number of Residential customers and Residential customer equivalents of all Participants for the October- December quarter preceding said July lot; provided, however, that the monthly rate shall not be less than Two Dollars ($2.0o) per month per Residential Customer or Residential customer equivalent at any time during the period ending July 31, 1972. (c) The monthly sewage disposal charge paid by each Participant to Metro shall be obtained by multiplying the monthly rate by the number of Residential Customers and Residential Customer equivalents of the Participant. An additional charge may be made for sewage or wastes of unusual quality or composition requiring special treatment, or Metro may require pretreatment of such sewage or wastes. An additional charge may be made for quantities of storm or ground waters entering those Local Sewerage Facilities which are constructed after January 1, 1961 in excess of the minimum standard established by the general rules and regulations of Metro. 4. The parties acknowledge that, by resolution of the Metropolitan Council, Metro may impose a charge or charges directly on the future customers of a Participant for purposes of paying for capacity in Metropolitan Sewage Facilities and that such charges shall not constitute a breach of this agreement or any part thereof. The proceeds of said charge or charges, if imposed', shall be used only for capital expenditures or defeasance of outstanding revenue bonds prior to maturity. 6 in the event such a charge or charges are imposed, the City shall, at Metro'e request, provide such information regarding new residential customers and residential customer equivalents as may ba reasonable and appropriate for purposes of implementing such a charge or charges. S. A statement of the amount of the monthly t lyeach sewage disposal charge shall be submitted by participant on or before the first day of each month and payment of such charge shall be due on the last day of ouch month. If any charge or portion thereof due to Metro shall remain unpaid for fifteen days following its due date, the ad with and pay Participant shall be criarg to Metro interest on the amount unpaid from its due date until paid at the failure to pay rats of 6% per annum, and Metro may, upon such amount, enforce payment by any remedy available at law or squity. 6. The City irrevocably obligates and binds itself to pay its sewage disposal charge out of the gross revenues of the sewer system of the City. The City further to establish, maintain and collect charges for binds itself t all times b sewer service which will aofi the sewer system all costs of maintenance and operation e disposal charge payable to Of the City, including the sewage of and Metro hereunder and sufficient to pay the principal interest on any revenue bonds of the City which shall constitute a charge upon such gross revenues. It is recognized by Metro and the City that the sewage disposal charge paid by the City to Metro shall constitute an expense of the maintenance and operation of the sewer system of the City. The City shall provide in the issuance of future sewer revenue bonds of the City that expenses of maintenance and operations of the sewer system of the City shall be paid before payment of principal and interest of such bonds. The wn schedule of rates City shall have the right to fix its o 7 i and charges for sewer service provided that same shall produce revenue sufficient to meet the covenants contained in this Agreement. Section 3 Effective Date of Amandment. This amendment shall take effect at the beginning of the first quarter following the date first written above with quarters beginning January 1, April 1, July 1, and October 1. gection 3 Basic Agreement Unchanged. Except as otherwise provided in this amendment, all provisions of the basic agreement shall remain in full force and effect as written therein. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. CITY OF KENT ATTEST: MUNICIPALITY OF METROPOLITAN SEATTLE Gary Zimmerman Chair of the Council ATTEST: 8 Kent City Council Meeting Date May 21. 1991 Category Consent Calendar 1. SUBJECT: L.I.D. 336 - L�[1; v t( rq 101F(6JjpmPII S 2 . SUMMARY STATEMENT• • Authorization to set June 18 as date for c� public hearing on inal assessment roll for L.I.D. 336. 3 . EXHIBITS: 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCALZPERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3E/ Kent City Council Meeting Date May 21. 1991 Category Consent Calendar 1. SUBJECT: MOBILE DATA TERMINAL SYSTEM AGREEMENT 2 . SUM?(ARY STATEMENT: Authorization for the Mayor to sign a System's Support Agreement for the Police and Fire Mobile Data Terminal System. The Mobile Data Terminal (MDT) system implemented by the Police and Fire Departments is already proving to be a highly effective tool in improving police officer and firefighter safety and productivity. This system is covered under warranty for a period of one (1) year from acceptance which will be in May of this year. At the conclusion of the warranty period, the system was scheduled to be placed under a system support agreement to insure a continued level of functionality, performance and reliability. The support and spare parts availability offered in the system support agreement is more appropriate for public safety needs than that provided for in the initial standard warranty, or on a time and material basis. Motorolla Mobile Data, the system vendor, has offered to provide this enhanced level of support during the warranty period as well as price guarantees for future years of the agreement, if the City executes the agreement at this time instead of waiting for the end of the warranty. These enhanced coverages will be at no additional cost to the City. 3 . EXHIBITS: Executive Safety mary 4 . RECOMMENDED BY: Pub 1c Committee, Police and Fire Depts. (Committee, Staf , Examiner, Commission, etc. ) 5. UN IIDGETE S O L IMPACT: NO X YES X FISCAL/PERSONNEL NOTE: Recommended •//I Not Recommended 6. EXPENDI RE IRED: No expenditure is required in 1991. Expenditure JDS: 1992 will be for a portion of the year and would be equal to amount that will be needed if executing the agreement ilayed until the end of the warranty period. SOURCE OF { 7. CITY COUNCIL ACTION• r Councilmember moves, Councilmember seconds i� DISCUSSION: ACTION: Council Agenda Item No. 3F ✓ EXECUTIVE SUMMARY DATE: April 26, 1991 TO: Kent City Council Public Safety Committee Councilmembers Mann, Dowell, Orr FROM: Norm Angelo, Fire Chief�10�& Dennis Byerly, Acting Police Chief SUBJECT: System Support Agreement for Mobile Data Terminal System BACKGROUND The Public Safety Bond Issue provided funds for the implementation of a mobile data terminal (MDT) system. This system provides police officers and firefighters direct and immediate access to operational and occupancy data that is resident in the computer aided dispatch system at Valley Com. The system also allows police officers to have direct and immediate access to State and National vehicle, drivers and criminal data bases, without having to rely on verbal relay of this information through the dispatcher. The MDT system went live in March of this year and will be formally accepted in May of this year. Experience to date has been exceptional. Even with the limited number of MDT devices installed in the base project plan, both the Police and Fire departments have found that they have improved officer safety and operational efficiency. With the addition more terminals provided for in the 1991 operational budgets of each department, the impacts will be even more impressive. As with any technically complex system, on-going maintenance of the hardware and software is critical to assure that the system operates reliably. Our purchase agreements for this system provide for full year of warranty on the system. Previous planning and discussion identified the need to continue support of the system through an ongoing maintenance agreement. Funding for this Agreement would be brought forward in the 1992 operating budgets from the Police an Fire Departments. ANALY I offered by Motorola Mobile Data on the MDT system provides The System Support Agreement a level of support and maintenance the placement f oI assure then sDe replacement Parts forkey system hat wil standards. This agreement includes of a components to allow us to restorthe level of support called out ine service immediately in the t the intial standard 1Warranty. is an important enhancement to These are of critical importance in a public safety dispatch and communications system. At the f these spare parts, end of the first 5-yam term is of the er tAgreehan ifment, were to City ree them outright at a net overall cost that Motorola Mobile Data has offered to upgrade, at no cost to the City, the level of coverage during the 1-ye ar initial standard warranty period to equal that of its maintenance service, if the City of Kent will commit at this time to continuing the maintenance agreement at the conclusion of the warranty period. REQM MENDATION ui ment rovided in the System Support Agreement greatly improve the The services and eq p P and reliability of the MDT system officers. Already we have witnessed a rapid and firefighters in the field. Asgpe personnel come told depend use of these devices by p on this tool, significant system down-time will have adverse impacts on service delivery efficiency and officer and firefighter safety. ire em It is the recommendationof time. he the P ena Police and F ce fees will enot nt htake at heffect yuntil the execute tend soft he Support Agreement at t his 1992. The Departments will submit coordinated Warranty period, which will be in May of operating budget proposals e t the ongoang service ines for this both departments'nbudgetsr 1992 budgets. Following years would re *MD rTS OF NOT PROVIDING port covered The City of Kent could operate the system for the firs replacement components, is with the level of usysstem down- under warranty. However, due to the lack of on site at this time could have significant pact wil public to provide for such an Agreement in elivery. If not the 1992 time, the Police and Fire Departments Budget process. t is not funded, the City's police officers and firefighters may If the maintenance agreemen occasionally experience xten vendor foded r.pair. Further,, ss of system ince thish s a totally new psy system for removed and returnedestimates for time and material the City, we have limited experience on which to base budgetary charges for subset of the Agreement• The net result being an repairs. Tim and materil charges inability er the life oi ability topr project program costs far exceed the cost or control the volume of vendor time and material costs. MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- °'ubject: MOBILE DATA TERMINALS - FISCAL NOTE reator: Tony MCCARTHY / KENT70/FN Dated: 04/26/91 at 1603 . THE FIRE DEPARTMENT IS REQUESTING APPROVAL OF A FIVE YEAR MAINTENANCE AGREEMENT FOR THEIR MOBILE DATA COMMUNICATION TERMINALS. THE FIVE YEAR AGREEMENT WILL BEGIN AT THE END OF THE ONE YEAR WARRANTY IN 1992 . IF SIGNED NOW, THE ENHANCED MAINTENANCE LEVEL OF SERVICE WILL BE OFFERED DURING THE WARRANTY AT NO EXTRA COST. DUE TO THE COMPLEX ELECTRONIC COMPONENTS, THE MAINTENANCE AGREEMENT IS RECOMMENDED. WITH THE SYSTEM COST AT APPROXIMATELY $330, 000, THE $30, 000 PER YEAR MAINTENANCE COST IS UNDER THE 10% CONSIDERED STANDARD. THE IBC RECOMMENDS APPROVAL OF SIGNING THE FIVE YEAR MAINTENANCE AGREEMENT. ALTHOUGH THERE IS NO FISCAL IMPACT IN 1991, THE MAINTENANCE COST WILL NEED TO BE INCLUDED IN THE OPERATING BUDGET BEGINNING IN 1992 . POLICE & FIRE WILL SHARE THE COST ON A PRORATA BASIS. ^QI/ Kent City Council Meeting Date May 21. 1991 R 1� Category Consent Calendar 1. SUBJECT: INTERLOCAL AGREEMENT - COMMUNICATIONS EQUIPMENT 2 . SUMMARY STATEMENT: Authorization for the Mayor to sign a-N\ Interlocal Agreement with the City of Seattle for the purchase of communications equipment. (?The City of Seattle, the City of Bellevue and the Port of Seattle are currently in the process of issuing a joint request for proposal (RFP) for the implementation of an $800 MHv trunked radio and microwave system. This is the same communications technology recently implemented in the Kent Police and Fire Departments. The City of Seattle is taking the lead in this joint procurement. p ?Seattle has offered to allow other agenciesin the region to execute an interlocal agreement with-&fie to allow these agencies to purchase compatible equipment directly from their successful vendor and at their locked prices. Kent's technical and legal staff have reviewed Seattle's RFP and have found it to satisfy our technical and legal requirements. Execution of the interlocal agreement does not obligate Kent to purchase any equipment off of Seattle's proposaljo ;rwhet 4* dees protectSour ability to procure equipment in the future at the more advantageous purchasing power (pricing) of a larger entity. It also allows us to enhance and expand our system in the future to maintain compatibility with other trunked radio systems in the region, and to increase our systems capacity and capability in the future. 3 . EXHIBITS: Draft of Inter cal Agreement 4 . RECOMMENDED BY: Public afety Committee Police and Fire Dents. (Committee, Staff, aminer, Commission, etc. ) 5. UNBUDGETED FISCAL P ONNEL IMPACT: NO X YES FISCAL PERSONNEL N E: Recommended Not Recommended 6. EXPENDI RE U D: $ N/A SOURCE OF FUNDS• 7 . CITY COUNCIL ION• Councilmemb moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3G✓ INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT Pursuant to Chapter 39.34 RCW and to other provisions of law, the City of Seattle (hereinafter called "Seattle") , a Washington municipal corporation, and the City of Kent (hereinafter called "Kent") , a Washington municipal corporation, hereby agree to cooperative purchasing of components, parts, equipment, installation and service as described in Seattle's Request for Proposals and any subsequent contract for an 800 MHz Trunked Radio and Microwave System (hereinafter the "System") , upon the following terms and conditions: ARTICLE I. Administration and Evaluation of RFP 1. The parties agree that the RFP will be administered substantially as set forth in Exhibit A, attached hereto and incorporated herein by this reference. 2 . The parties agree that proposals received in response to the RFP shall be evaluated substantially in accordance with the evaluation criteria set forth in Exhibit A. 3 . Kent declares that the Request for Proposal developed by Seattle meets Kent's requirements for the purchase of compatible system components and equipment for its existing system, that Seattle' s procurement process is competitive within the meaning of all statutes and regulations applicable to Kent 's purchasing requirements, and that Kent may obtain compatible equipment and components at advantageous prices if given the option to purchase from Seattle ' s contract resulting from Seattle 's RFP process. ARTICLE II . Contracting. 4 . Seattle agrees that it will exercise its best efforts to provide in its contract with the successful vendor that Kent may purchase goods and services as described in Exhibit B and as covered by the contract, on the same terms and conditions as Seattle. 5. Kent expressly reserves the right not to purchase from the vendor under Seattle 's contract, but if it chooses to do so, Kent may contract independently for the purchase of any particular component, piece of equipment, services or installation, with or without notice to Seattle. Page 1 6 , This Agreement shall remain in effect until the executed by the City of Seattle expiration of the opurchaseu contract on 30-day notification by either party of its with the vendor, P intent to terminate. CONTACTS: The City of Kent Kevin Kearns, Kent Fire Department 24611 - .116th Avenue S.E.. Kent, Washington 98031 (206) 859-3322 The City of Seattle 1991 . DATED this day of THE CITY OF SEATTLE THE CITY OF RENT By By Its Its Approved as to form Approved as to form: City Attorney City Attorney Attest: Attest: City Clerk City Clerk Page 2 I EXHIBIT B The City of Kent currently operates a 2-site simulcast Motorola Smartnet 800 MHz trunked radio system. The prime site for this system is located in Kent on City owned property and the remote site is located at Squak Mountain, The sites are linked by a Motorola Starpoint/Starplus CCITT microwave system. The system currently serves radio communications needs for Kent's Police and Fire Departments. Other city departments will be added in the future. Kent's police and fire dispatching is done by Valley Communications Center, located in Kent. Valley Com also dispatches for the cities of Renton, Tukwila, Auburn, Algona, Pacific, and several local fire districts. Kent's 800 MHz radio system has been designed and installed to allow expansion of its capacity and coverage to allow it to provide public safety and municipal radio service for all of these agencies. This expansion is currently under evaluation by Valley Cam. With it's Interlocal Agreement with the City of Seattle, the City of Kent wishes to assure the ability to purchase 800 MHz trunked radio and microwave components and sub-systems at the prices and conditions offered to Seattle if such components are compatible with Kent's system and if such prices and conditions are more advantageous to Kent than its existing contracts. Kent also wishes to assure its ability in the future to integrate and/or interconnect its system with Seattle's to allow the highgst possible level of inter-agency communications during combined agency operations such as during disasters or major emergencies. Specifically Kent would be interested in the following: Additional microwave components and/or sites to allow expansion of Kent's microwave system, both in capacity and sites. Additional site(s) on Kent's trunked system to expand system coverage. Such sites could be engineered,to utilize the existing simulcast technology or could utilize the "home zone" concepts contained in Seattle's engineering approach. Trunked system components including, but not limited to, antenna and combiner systems, repeaters, comparators, audio control components, test and optimization equipment, etc. 800 MHz trunked system components to allow integration and/or interconnection of Kent's system with Seattle's. This could range from the integration/interconnection of selected talk-groups to full system integration/interconnection. Mobile, portable and control station radio equipment and accessories to operate on Kent's system and/or Seattle's system, Installation, testing, training, maintenance and services related to work of this type as offered to Seattle. Kent City Council Meeting Date May 21. 1991 Category Consent Calendar 1. SUBJECT: VAN DOREW S LANDING SEGREGATION 2 . S T ' As recommended by the Public Works ommittee, proval to segregate Assessmen�,i3 atsa-4s o � and authorization for the City Attorney to prepare the necessary resolution. 3 . EXHIBITS: Excerpt from Public Works Committee minutes and letter from Union Pacific Realty 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• 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3H✓ Public Works Committee February 19, 1991 Page 3 Scenic Hill Elementary Water Service Wickstrom stated that Scenic Hill Elementary is adding another building. The City' s ordinance requires a separate meter for each building unless otherwise approved by City Council. Scenic Hill Elementary has requested to service both their buildings from one meter. Wickstrom stated the Public Works Department would support that request. The Committee unanimously recommended approval of the request. Street Utility Wickstrom stated he was requesting to hire an Engineer II, an Engineering Technician III and a part time Office Tech in order to begin the preliminary work for implementation of the street utility. IPC and IBC have reviewed the request but have not as yet made a determination. Dowell commented he was in favor of the street utility when it looked like the County would support the TBD. But without the TBD Dowell stated it looks as if the possibility of the corridors is somewhat limited. Wickstrom responded that the utility was proposed to complete the financing for the grants we already have. If the utility is not formed we can't put together the financing package and will lose the grants which total about $14 million. And the two portions of the 192nd/196th corridor included in this proposal are very important to Kent independent of the County. They relieve the industrial area, S. 212th, etc. The funding for these two portions is in place with the formation of the street utility. Responding to Orr 's questions, Wickstrom indicated the street utility will provide about $4 million over a five year period. And with the sewer and water utilities absorbing the utility tax, the general fund will actually realize an increase in revenue due to the utilities paying the utility tax on their entire revenue base and not just their inside city customers. Currently the customers outside the City do not pay the utility tax. The Committee deferred any action until recommendations have been received from IPC and IBC. Van Doren' s Landing Phase I Request to Segregate LID Assessments Wickstrom explained this was a request to segregate the LID assessments associated with dedicated rights of way in the plat. The Committee unanimously recommended approval of the segregation. �1.!% UNIO014 P%,�CWFL N_ R MLT y co m A February 14 , 1991 Mr. Don Wickstrom City of Kent 400 West Gowe street Kent, Washington 9�032 n ocated toLanding future smets al Re: Segregation of LID AssesVannDorenl IS phase I street rights of way i Plat. Dear Don: ware LID assessments pertaining to LID 330 As you are a have been levied against the property south of 228th and 327 ha street Rights of Way- prior to Street that will become s I Plat, the recording of the van Doren's Landing Phase portion of the assessments allocated to these rights of way need to be appropriately segregated, per Washington Law, I � clarify the process & mccauliffe In order to Heller, Ehrmenr White asked Jack McCullough of I Attached for your review with some direction- At be to provide me Generally his comments appear to I is his letter. and I Previously discussed. nts consistent with what it ishis opinion that the assessme ing however, (rather than bei should note howe scent property can be reallocated to ad3 hod of assessment is segreg ated on paid off) provided the met .nal assessment. the same basis as the origi I the affected attached are legal descriptions for Also attac South, Landing Way, and a of way in 64th Avenue rights south side of south 228th street•narrow strip along the sOu arrangements to segregate the please make arrange then place this Could YOU juding the street areas 0 and tion. AS You assessments exc - 1 Agenda for formal ac action on the City councl d the plat as soon as possible SO know we would like to recor expedite this matter would be anything YOU could do to greatly appreciated. questions please call. If you have any Sincerely, CITY OF KENT FES 1, 4 1989' Ted �Pp ENGINEERING DEPT.'281h Street SLIIte '()o nni 98032 BOG 395 �00 FAX 06 3 5 4 HELLER, EHRMAN, WHITE & MCAULIFFE ATTORNEYS . 333 BUSH STREET A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 550 WEST 7TH AVENUE SRR FRANCISCO,CALIFORNIA 941OA-2078 ANCHORAGE,ALASNA 9950I-3571 FACSIMILE(4151772-6260 6100 COLUMBIA CENTER • 701 FIFTH AVENUE FACSIMILE 19071277.1920 TCLEPHONE I415)772-6000 TELEPHONE(007)277.1900 S EATTLE,WAS HINGTON 98104-7098 - TELEPHONE (2061 447-0900•FACSIMILE (206) 447-0849 525 UNIVERSITY AVENUE 1300 S.W.FIFTH AVENUE PALO ALTO,CALIFORNIA 94301-1908 PORTLANO,OREGON 97201-SO96 FACSIFACSIMILE(415)324.0638 February7 1991 TELEPHONE MILL 1150312503) H 0950 TELEPHONE 1415)326-7600 I T TELEPHONE 1S031227-7400 601 SOUTH FIGUEROA STREET - 1201 PACIFIC AVENUE LOS ANGELES,CALIFORNIA 90017-5758 TACOMA,WASHINGTON 98402-4308 FACSIMILE(213) 6I4.1668 FACSIMILE 12061 572.6743 TELEPHONE 12131682-0200 TELEPHONE(206)572-6666 JOHN C. McCULLOUGH PARTNER Ted Knapp Union Pacific Realty 6414 So. 228th Kent, Washington 98032 Re: Segregation of LID Assessments Dear Ted: You inquired about the process of segregating LID assessments when a parcel subject to such assessments has been subdivided or conveyed in part. This letter is intended to outline briefly the process for you. Pursuant to RCW 35. 44 . 410, any segregation of assessment must be approved by the Kent City Council, in the form of a resolution ordering the City Treasurer to effect such a segregation. The resolution should attempt to make the segregation on the same basis as the original assessment was levied, and of course, the total assessment for the overall parcel should be identical before and after the segregation process is completed. The form of the resolution must include a description of the original parcel, the amount and date of the original assessment, and describe the boundaries of the newly-segregated portions and the amount of the assessment chargeable to each subparcel. Once it is adopted, a certified copy of the resolution must be delivered to the City Treasurer, who is charged with making the segregation on the official assessment roll. The City must charge a fee of $10 for each tract of land for which a segregation is to ,be made, and has the additional authority to require reimbursement of any reasonable engineering and clerical costs incurred by the City in connection with making the segrega- tion. c:\caf\Kn pp.Lt1 _ , Ted Knapp 7 ' 1g91 February Page 2 v. rocess of segregating LID I hope this clarifies for you the p estions about this assessments. If you have any additional qu issue, please do not hesitate to contact me. Very truly Yours, HELLER, EHRMAN, WHITE & McAULIFFE Joh C. McCullough JCM:caf cc: Mason Frank Rob Bergenthal c:\eaf\gaapP•Ltl tri 1 A strip of land, variable in width, situate in the Southwest Quarter of the Northeast Quarter (SW 1/4 NE 114) and the Northeast Quarter of the Southeast Quarter(NE 1/4 SE 1/4) of Section 14, Township 22 North, Range 4 East of the Willamette Meridian, King County, State of Washington, more particularly described as follows: Commencing at the east quarter corner of said Section 14: thence, along the east-west centerline of said Section, North 89 degrees 04 minutes 24 seconds West, 50.00 feet to the east right-of-way line of West Valley Highway; thence, along said east line, South 00 degrees 52 minutes 09 seconds West, 605.03 feet to the TRUE POINT OF BEGINNING, said point also being the beginning of a curve, concave northwesterly, having a radius of 60.00 feet; thence, southwesterly along said curve, through a central angle of 90 degrees 00 minutes 00 seconds, 94.25 feet; thence North 89 degrees 07 minutes 51 seconds West, 120.71 feet, to the beginning of a curve, concave northeasterly, having a radius of 320.00 feet; thence, northwesterly along said curve, through a central angle of 90 degrees 00 minutes 15 seconds, 502.68 feet; thence North 00 degrees 52 minutes 24 seconds East, 376.23 feet, to the beginning of a curve, concave southwesterly, having a radius of 380.00 feet; thence, northwesterly along said curve, through a central angle of 90 degrees 00 minutes 00 seconds, 596.90 feet; thence North 89 degrees 07 minutes 36 seconds West, 305.00 feet, to the beginning of a curve, concave northeasterly, having a radius of 50.00 feet; thence, northwesterly along said curve, through a central angle of 89 degrees 59 minutes 32 seconds, 78.53 feet; thence North 00 degrees 51 minutes 56 seconds East, 765.58 feet, to the beginning of a curve, concave southeasterly, having a radius of 50.00 feet; thence, northeasterly along said curve, through a central angle of 82 degrees 03 minutes 26 seconds, 71.61 feet; thence South 82 degrees 55 minutes 22 seconds West, 104.21 feet; thence South 62 degrees 53 minutes 12 seconds West, 105.68 feet, to the beginning of a curve, concave southwesterly, having a radius of 50.00 feet; thence, southeasterly along said curve, through a central angle of 117 degrees 58 minutes 44 seconds, 102.96 feet; thence South 00 degrees 51 minutes 56 seconds West, 706.94 feet, to the beginning of a curve, concave northwesterly, having a radius of 50.00 feet; thence, southwesterly along said curve, through a central angle of 90 degrees 00 minutes 28 seconds, 78.55 feet; thence North 89 degrees 07 minutes 36 seconds West, 585.20 feet, to the beginning of a curve, concave northeasterly, having a radius of 320.00 feet; thence, northwesterly along said curve, through a central angle of 62 degrees 00 minutes 48 seconds, 346.35 feet; thence North 27 degrees 06 minutes 48 seconds West, 111.27 feet, to the beginning of a curve, concave easterly, having a radius of 50.00 feet; thence, northerly along said curve, through a central angle of 90 degrees 00 minutes 00 seconds, 78.54 feet; thence South 62 degrees 53 minutes 12 seconds West, 160.00 feet, to the beginning of a curve concave southerly, having a radius of 50.00 feet; thence, easterly along said curve through a central angle of 90 degrees 00 minutes 00 seconds, 78.54 feet; thence South 27 degrees having a radius of conds380.0 ast, 11.27 feet, to the beginning o curve, concave northeasterly, thence, southeasterly along said curve,through a central an of 62 degrees 00 minutes 48 seconds, 411.29 feet; 89 degrees 07 minutes 36 seconds East, 585.23 feet, to the beginning o a thence South curve, concave southwesterly, having a radius of 50.00 feet; gle of 89 degrees 59 minutes thence, southeasterly along said curve, through a central an 32 seconds, 78.53 feet; thence South 0 degrees 51 minutes 56 seconds West, 299.97 feet; thence South 89 degrees 04 minutes 24 seconds East, 48.59 feet; thence South 00 degrees 52 minutes 24 seconds West, 1312.36 feet; thence South 89 degrees 02 minutes 03 seconds East, 39.07 feet; thence North 00 degrees 27 minutes 19 seconds West, 330.36 feet; thence North 00 degrees 52 minutes 24 seconds East, 982.12 feet; thence North 00 degrees 51 minutes 56 seconds East, 300.03 feet, to the beginning of a rve, concave southeasterly, having a radius of 50.00 feet; cu thence, northeasterly along said curve through a central angle of 90 degrees 00 minutes 28 seconds, 78.55 feet; 07 minutes 36 seconds East, 304.97 feet, to the beginning o a thence South 89 degrees curve, concave southwesterly, having a radius of 320.00 feet; thence, southeasterly along said curve, through a central angle of 90 degrees 00 minutes 00 seconds, 502.65 feet; 376.23 feet, to the beginning of a thence South 00 degrees 52 minutes 24 seconds West, Ina a radius of 380.00 feet; curve, concave northeasterly, ough a central angle of 90 degrees 00 minutes thence, southeasterly along said curve, thr 15 seconds, 596.93 feet; thence South 89 degrees 07 minutes 51 seconds East, 120.71_feet, to the beginning of a curve, concave southwesterly, having a radius of 60.00 feet; thence, southeasterlaalo point on'd curve,the east line of said West Valh a central gley Highway;rees 00 minutes 00 seconds, aloe feet to p thence, along said east line, North 00 degrees 52 minutes 09 seconds East, 179.99 feet to the TRUE POINT OF BEGINNING. Containing an area of 341,417 sq. ft (7.84 acres) more or less. A strip of land, n width, situate in the Southwet Quarter of the Northeast Quarter ion 14 Township 22 North, Range 4sEast of the Willamette Meridian, (SW 1/4 NE 1/4) of Sect King County, State of Washington, more particularly described as follows: Commencing at the east quarter corner of said Section 14: thence, along the east-west centerline of said Section, North 89 degrees 04 minutes 24 seconds West, 50.00 feet to the east right-of-way line of West Valley Highway; thence, along said east line, North 00 degrees 51 minutes 13 seconds East, 979.13 feet; thence, continuing along said east line, North 22 degrees 33 minutes 14 seconds West, 124.65 feet; thence North 89 degrees 07 minutes 54 seconds West, 124.48 feet; thence North 00 degrees 51 minutes 13 seconds 188.91 feet, to the TRUE POINT OF BEGINNING; thence, continuing North 00 degrees 51 minutes 13 seconds East, 10.00 feet; thence North 89 degrees 09 minutes 14 seconds West, 1086.30 feet; thence South 62 degrees 53 minutes 12 seconds West, 1498.50 feet; thence South 00 degrees 52 minutes 39 seconds West, 11.324 feet; thence North 62 degrees 53 minutes 12 seconds East, 1458.67 feet; thence North 82 degrees.55 minutes 22 seconds East, 104.21 feet, to the beginning of a curve, concave southerly, having a radius of 590.00 feet; thence, easterly along said curve, through a central angle of 7 degrees 55 minutes 24 sec- onds, 81.59 feet; thence South 89 degrees 09 minutes 14 seconds East, 936.93 feet to the TRUE POINT OF BEGINNING. Containing an area of 26,948 sq. ft (0.62 acres) more of less. Kent City Council Meeting ttttYYYY Date May 21, 1991 Category Consent Calendar 1. SUBJECT: MERIDIAN RIDGE APARTMENTS 2. SUMMARY STATEMENT: Acceptance of the bill of sale and warranty agreement submitted by Nordevin Inc. for continuous operation and maintenance of approximately 752 feet of water main extension, 434.5 feet of sanitary sewer extension constructed in the vicinity of S.E. 260th and 106th Avenue S.E. for the Meridian Ridge Apartments and release of cash bond after expiration of the one-year maintenance period. 3 . EXHIBITS: Vicinity map 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3I r SE 248 TH 5 T .d`y 3: N pp ST p �-___: of �G p 5 s:.,,,x .�ixr'S:. u ; GUIBERSGN. 5T, , y w .. .. C9ry 3 N w N 3 ♦ - w SE 251ST 51 "$EATTLE ST - N >'- O,I, ¢ _ a ,r�_ vil S ' CN ICAGG SY 5 252N 57 �, _ o in: w t 252rID LAUREL ST A- HEMLOCK ST H�,GHSCJVOCL' [El WALNUT T - � G NPPLE 5Y sp � l 'IrENT �rENr CENrE,4 \ t CENEIERY SWlN CL SCENIC HILLS/YO 0 2591ii I 6E 26GTA 5T SCEN/C HILY i SECUCIA p s, imgH SCHOOL { C SE ll 26JTN a` —VS 8 rnpa+ u� 2I� f tiE '4 SI I _.I < _Z477 N_Si it r i t a � , 5E _JJ _� 269T1 �S'� � 1;�=_1��. V i (SE 21157 Cl) by W j qJ, - 2 IL _ � SE 27471i 51 !Tn ST _ \ Itu I 11 E LtlSi 5r GiGI o \ se nlliF1_sT 1� III P MERIDIAN RIDGE APARTMENTS f / a Kent City Council Meeting Date May 21. 1991 u v Category Consent Calendar 1. SUBJECT: PARKING I§ff GOWE STREET 2 . SUMMARY STATEMENT: Adoption of Ordinance 49 �3 authorizing resumption of normal parking practice on Gowe Street between 3rd and 4th Avenues. With the completion of the construction of the Centennial Building on Gowe Street, there is no longer the need for special parking for official and emergency vehicles operated by the Kent Fire and Police Departments. 3 . EXHIBITS: Ordinance 4 . RECOMMENDEDBY: Staff and Public Safety Committee, 5/21/91 (Committe , Staff, Examiner, Commission, etc. ) 5. UNBUDGETE4 FISCAL PERSONNEL IMPACT: NO X YES FIS P ONNEL NOTE: Recommended Not Recommended I 6. EXPENDITU6 REQUIRED: $ N/A SOURCE OE FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3J✓ ORDINANCE NO. I AN ORDINANCE of the City of Kent, Washington, amending Ordinance 2898 Kent Municipal Code 10.06. 120 and repealing 10. 06. 245 with regard to designation of parking I stalls for Police and Fire Department vehicles on Gowe Street between 3rd and 4th Avenues. I WHEREAS, the City seeks to resume normal parking practiced on Gowe Street between 3rd and 4th Avenue; and IWHEREAS, the construction of the Centennial Building on lGowe Street has been completed, no longer necessitating the need j �'Ifor special parking for official and emergency vehicles operated Iby the Kent Fire and Police Departments; NOW, THEREFORE, j THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES ,, HEREBY ORDAIN AS FOLLOWS: i Section 1. Kent City Code 10. 06 is amended as follows: i ! Two-hour parking zones except for 10. 06. 120 Two Hour :: Parking Zones. Except for permits issued by the Traffic Engineer I� under KCC_ 10. 06. 120, at such times as the Public Works Director or , , designee shall place the appropriate sign or signs, it shall be illegal to park any motor or other vehicle for an uninterrupted i period in excess of two hours between the hours of nine a.m. and six p.m. on the following roadways or portions thereof: Harrison Street (Fourth Avenue - Second Avenue) Meeker Street (Fourth Avenue - State Avenue) Gowe Street (Fourth Avenue Central Avenue Titus Street (Second Avenue - First Avenue) First Avenue (from a point 200 feet north of Meeker Street - Titus Street) Second Avenue (Smith Street - Titus Street) Railroad Avenue (Smith Street - Meeker Street, east side only) i (Meeker Street - Gowe Street) I State Avenue (Smith Street - Meeker Street) provided that this section shall not apply on Sundays or holidays. ! (0. 1972 , §l,• 0.2427 §2 ; 0.2707) jSection KCC 10. 06 . 245 is hereby repealed. { ns of the Public Works Director and Section 3 . All actio ldesignee implementing this ordinance, including actions prior to Iiadoption of this ordinance are hereby ratified as actions of the ; Kent City Council. Section 4 . Any act consistent with the authority and jlprior to the effective date of this ordinance is hereby ratified and confirmed. I i �I i{ 2 - iI ,I it i Section 5. Effective Date. This ordinance shall take i effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. DAN KELLEHER, MAYOR ATTEST: MARIE JENSEN, CITY CLERK I APPROVED AS TO FORM: I �I jROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of 1991. it I J APPROVED the day of , 1991. it I ( PUBLISHED the day of , 1991. I hereby certify that this is a true copy of Ordinance ' IINo. passed by the City Council of the City of Kent, I'lWashington, and approved by the Mayor of the City of Kent as hereon Vindicated. 'I SEAL MARIE JENSEN, CITY CLERK .' 9510-340 i - 3 - n Kent City Council Meeting Date May 21, 1991 Category Consent Calendar 1. SUBJECT: CORNUCOPIA DAYS STREET CLOSURE ORDINANCE 2 . SUMMARY STATP.la;gT/," Approval of Ordinance ✓` * to close certain streets my it through July 14, 1991, and to issue a permit to Kent Lions Club for Cornucopia Days activities. 3 . EXHIBITS: Ordinance 4. RECOMMENDED BY: Administration/City Attorney (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAUPERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds q to pa s e ordina a clo 'ng the str and issuin o Kent, \pt Club pe for Co ucopia ays. DISCUSSION: ACTION• Council Agenda Item No. 3K i 1 I, I it I ORDINANCE NO. I AN ORDINANCE of the City of Kent, Washington, relating to Kent Cornucopia Days; granting a street use permit to Kent Lions Club for a public festival; specifying terms and conditions for such street use. I� WHEREAS, Kent Cornucopia Days has been an annual festival (; celebrating the heritage of the Kent community; and WHEREAS, the Cornucopia Days festival continues to grow " in size annually; and j WHEREAS, Cornucopia Days is a result of the efforts of a , number of private volunteers, citizens, civic groups, and , nonprofit organizations; and Ii WHEREAS, the City of Kent is not the sponsor nor operator of the Kent Cornucopia Days festival; and I' WHEREAS, it is appropriate to clarify the rights, responsibilities and relationships of those parties involved in the Kent Cornucopia Days' activities; NOW THEREFORE, THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. A street use permit is hereby authorized from Thursday, July 11, 9 : 00 p.m. until Sunday, July 14 , 11: 00 p.m. for the following described public areas and right-of-ways which will be closed to normal vehicle traffic during the term of the permit except as otherwise noted below: i I ji �VI1 1 l (A) Meeker Street from 6th Avenue to Railroad Avenue (4th Avenue to remain open) , I (g) 2nd Avenue from Meeker Street to Gowe Street, i (C) 1st Avenue from new Kent Library to Titus Street (Lowe Street to remain open) , (p) 2nd Avenue from Gowe Street to Titus Street, I (with local access signs at Titus) (E) 2nd Avenue from Meeker Street to Smith Street for j the purposes of Saturday Market. I (g) Municipal parking lot between Smith and Harrison an 1 provided, however, that such closure shall be I2nd and 4th Avenues; I !I purposes of 6: 00 a.m. , Wednesd for the p f cornucopia carnival f P�IJuly 10, 1991 through 2 : 00 P.m-, July Y 15, 1991. � for children's I (G) 5th Avenue behind Kent Elementary I,1 • Saar Street north on 4th Avenue to parade and parade assembly, rovided, however, that such closure shall be lHarrison Street; p parade and only on Sunday, Ionly for the purposes of the children's July 14 , 1991 from 11: 00 a.m. until 2 : 00 P.m- (H) 4th Avenue from James Street (240th Avenue S.E. ) to Iparade and parade assembly; and the two eastbound Saar Street for p 1st Avenue to 4t lanes of James Street from �o Aiaeder and howeve First r, that Avenue from Smith Street to James Street; provide , the Cornucopia Parade onI such closure shall be for the purposes Sunday, July 14 , 1991 from 11:30 a.m. until 4: 00 P-m- I I i I 2 - I f i (I) Gowe Street from Railroad Street to 4th Avenue. Friday, July 12 from 7: 00 p.m. to 1: 00 a.m. and Saturday, July 13 from 7: 00 p.m. to 1: 00 a.m. for street and square dances. Section 2 . The street use permit provided in Section 1 above is granted to the Kent Lions Club (hereinafter referred to as the "User") and its successors and assigns. By this permit, the User is authorized to conduct a public festival. on said public property and right-of-way, to erect booths, conduct lawful and licensed games, provide entertainment, operate or authorize food and beverage services, and conduct such other activities consistent with a public festival at the times and in accordance with the provisions in Section 1. Section 3 . The permit granted hereby is conditioned upon and subject to User's satisfaction of the following conditions: 3 . 1. LICENSES AND TAXES. The User shall be liable for, and shall pay throughout the term of this use, all license and fees covering the business and activities conducted on the premises, and all unemployment insurance, social security, workers' compensation and other obligations applicable to its activities, and otherwise fulfill all fiscal obligations imposed by law or contract. 3 .2 . UTILITIES. The User, at the User's sole expense, shall provide, or shall otherwise pay for, when due, all costs for providing all utilities and other services and installation I! occasioned by the User's requirements. The City shall not be liable for any injury, loss or damage caused by or resulting from any interruption or failure of utility services due to any causes whatsoever, except the City's sole negligence. 3 - �I jl i I 3_3 . LIABILITY. �I 3 .3 . 1. indemnification: The User, its successors or assigns shall indemnify, defend and hold the City harmless from any and all claims, actions, damages and/or judgments whatsoever arising out of any and all activity, use and occupation of said public property and right-of-way pursuant to the subject permit including claims arising by reason of accident, injury or death IIcaused to persons or property of any kind unless caused by the City's sole negligence. 3 . 3 . 2 . Assumption of Risk: The placement and storage of personal property on said public right-of-way by the User shall be the responsibility of, and the sole risk of the User: 3 . 3 . 3 . Insurance: During the term of this permit and any extension thereof, the User shall secure and maintain a policy of standard form comprehensive general liability insurance with an insurance company licensed to do business in the State of Washington, providing protection and indemnification against any and all claims for injury or disability to person, damage to property or for loss of life, which may arise from or be related to this activity or the permit granted herein, including the liability of the City its officers, officials, agents or employees for such to the User and any of the User's officers, employees and agents, and any liability of the User as such to the City, its officers, employees and agents, arising out of or in connection with the occupancy and use of the public right-of-way as well as any and all claims and risks in connection with any acts or omissions performed by User by virtue of the rights granted pursuant to this permit. Said policy limits shall be in the amount of one million dollars ($1, 000, 000) for injury to or loss of life of any individual person; in the aggregate for personal - 4 - i I� injuries suffered in each occurrence; and for property damage suffered in each occurrence. Said policy must specifically name The City of Kent, its officers, employees and elected officials as additional insured parties thereunder and must stipulate that the coverages provided by said policy shall not be terminated, reduced, or otherwise changed in any respect without providing at least thirty (30) days prior written notice to The City of Kent. In any event, no termination, reduction or change in coverage shall occur after June 11, 1991, or 30 days prior to the scheduled event for which this permit has been issued. Notwithstanding any provision herein to the contrary, the failure of the User to comply with the provision of this section shall subject this Street Use Permit to immediate termination without notice and without recourse by any person in order to protect the public interest. The applicant shall furnish a certificate of such insurance coverage to the City prior to issuance of permit, and may be required, at the City's discretion, to provide a copy of the entire insurance policy. 3 . 3 .4 . Adlustments of Claims: The User shall provide for the prompt and efficient handling of all claims from third parties for bodily injury, property damage or theft arising out of the activities of the User under this permit. The User agrees that all such claims, whether processed by the User or User's insurer, either directly or by means of an agent, will be handled by a person with a permanent office in the Kent-Seattle area. 3 .4 . USE AND CARE OF PREMISES. { 3 .4 . 1. General Condition: The premises shall at all times be kept in a neat, clean, safe and sanitary condition, and kept and used in accordance with the laws of the State of I 5 - II i i iIIt I ton and ordinances of The City of Kent, and in accordance Washing County with all authorized rules and regulations of the King and Health Department, Kent Fire Marshal, Kent Building Inspector, of Kent, at the sole cost and other proper officers of The City ermit any waste, damage, expense of the User. The User shall not P shall not permit ' or injury to the public property or right-of-way; ible noise or odor to escape or to be admitted from any objectionable said public areas or permit anything to be done upon said premises that in any way will create a nuisance. g_ Alterations: The User shall not make, or alteration, addition or improvement in said an cause to be made, Y public right-of-way other than those authorized above without first obtaining the written consent of the City for such work. I 3 , Access: The The Cityreserves for itself, its officers, employees, agents and contractors, free access to sai5 ency I premises at all reasonable times for the purposes of emerg response and other public safety demands, inspection, cleaning, or other City responsibilities. I 3_5. NON DISCRIMINATION. The User shall comply with all state and local laws and ordinances prohibiting discri- mination in employment or public accommodation with regard ational origin, marital status or sex, race, color, creed, n ( physical or mental handicap. 3_6. RELATIONSHIP. In no event shall the City be construed, or held to have become in any way or for any purpose a partner, associate, or joint venturer of the User or any party associated with the User in the conduct O the f notrconstitutelthe relating to Cornucopia Days. Thispermit for any purpose User the agent or legal representative of the City whatsoever. - 6 - 1 it Ii 3_7. AMENDMENTS. The City expressly reserve the right to amend the terms of this permit from time to time as may be necessary to preserve the public health, safety and welfare. Provided, however, that no amendment, alternation or modification i of the terms or conditions of this permit shall be valid and binding unless made in writing to the User within fourteen (14) days of the effective date of said amendment, alternation or modification. 3 .8 . NO WAIVER OF DEFAULT. The City does not waive full compliance with the terms and conditions of this permit by acceptance of the permit fees. No waiver of default by the City of any of the terms, covenants and conditions hereof to be performed, kept and observed by the User shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and conditions herein contained, to be performed, kept and observed by the other party. 3 .9. SURRENDER OF PREMISES. At the expiration or Iltermination of this permit, including any extensions thereof, Ilwhichever is earlier, the User shall quit and surrender said premises, without notice and in as good condition as received at ( commencement of the term, ordinary wear and tear uncontrollable by I the User excepted. 3 . 10. CONSTRUCTION AND DISPUTE RESOLUTION. This street use permit shall be construed under all the applicable laws, statutes, ordinances, rules and regulations of the United States, State of Washington? County of King and the City of Kent in case ! of a dispute between the parties. Jurisdiction of any resulting litigation shall be in King County Superior Court. 7 If legal action is instituted, the User agrees to pay all of the City 's reasonable costs and attorney fees incurred in connection therewith. The User shall not interfere with the City's 3_1� or the operation of the use of the right-of-way, remises. maintenance and Permits Kent Saturday Market or other licensed businessesnecessary e es ary P onsible for obtaining administered by the Department of Parks and The User shall also baedmresp Ifor use of property IRecreation. 12_ The .gill 33 City of Kent, its agents and employees, repair work of any kind on User's perform no maintenance, obtaining) ment, or appurtenances without firs may perform Iinstallations, ' eCNiP Provided, however, the City permission from the User. an emergency. such maintenance, repair or work in INVALIDITY OF PROVISIONS. Should any term, 3 '13- portion of this permit be held to be condition or other p other ` provision, the same shall not affect any and I inoperative, invalid or void, portion of this permit; rovision, condition or other p such term, term, P permit shall be effective as if the remainder of this vision, condition or portion had not been contained herein. pro Sect 4. FEES AND CHARGES the above identified permit shah Fes. The fee for the City 25. 00) payable in advance to Washingt be twenty-five dollars ($ Kent, City Hall, 220 4th Avenue South, toss Treasurer at Kent 5, 1991� plus five percent of g 9s032-5895 on s before July not to exceed five hundrec receipts from street fair booth sales, dollars ($500.00) payable to the City Treasurer on or before of User's proof of insurance 1991. A copy aid. September 20, the time this fee is p certificate shall be submitted at _ g - y I .I I 4_2. AUDIT. The User shall permit the City, as City �ideems necessary, to inspect and audit in Kent, Washington at any i and all reasonable times, all pertinent books and records of the User and any subcontractors or other person or entity that is in connection with, or related to the User under this permit to verify the accuracy of accounting records, including trust accounts if any; and shall supply City with, or shall permit the City to make, a copy of any books and records and any portion thereof, upon the City's request. 4 . 3 . The User shall have the right to charge user fees or festival permits for the areas described in Section 1, above. ' The User shall also be granted the authority to charge user fees or festival permits to street vendors and merchants within two blocks of the area described in Section 1 above. The User's right to charge festival permit and user fees shall extend only for the term of this street use permit, and shall not apply to merchants and businesses with current business licenses within the areas ,, designated herein. I Section 5. An authorized representative of user shall lexecute an agreement with the City confirming acceptance of the ( conditions herein. The Mayor is authorized to execute said agreement and such other documents necessary to the administration of this ordinance. 1 Section 6. Two hour parking restrictions as provided in Chapter 10. 06 Kent City Code for the following streets are eliminated during the period of Cornucopia Days, and shall not be lenforced during said period: Central Avenue to Union Pacific Railroad and James Street to Willis Street. I Section 7. A sufficient number of handicap parking spaces shall be provided in close proximity to festival site. - 9 - I the authority and Sectj 8• Any act consistent with ratified prior to the effective date of this ordinance is hereby and confirmed. c nrinR 9 FffcCtlVe_2gte• This ordinance shall take 3o days from the time of its final effect and be in force thirty ( ) passage as provided by law. DAN KELLEHER, MAYOR IATTEST: IIMARIE JENSEN, CITY CLERK I I APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY ipc, , 1991. =day of PASSED the 1991. of ' APPROVED the -day 1991. PUBLISHED the -_day of ' - 10 - I II . I I I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereo indicated. (SEAL) MARIE JENSEN, CITY CLERK I i I� I 5750-190 II ( Kent City Council Meeting �J ( �• Date Mav 21. 1991 V Category Other Business 1. SUBJECT: FUEL TANK REPLACEMENT 2 . SUIY KA—BY STATEMENT' The Contractor who was awarded the contract to remove underground storage tanks at various City on-site generator sites was unable to obtain the proper insurance to protect the City from damages in the event of an oil spill or other pollutant discharge during performance of the contract were it to occur. As a result of the high risk involved, the Public Works Department has decided to cease contract negotiations and re-let the contract to an adequately insured bidder. 3 . EXHIBITS• Memo 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commis ion, etc. ) f i 5. UNBUDGETED FISCAL PERSONNEL IMPA NO X YES FISCAL/PERSONNEL NOTE: Recommen ed• Not Recommended 6. EXPENDITURE REQUIRED: $ NlAy SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember �i ,ti L movedJ rwdo, Councilmember seconds c� / ,� � w� r�;l:, card. that the Public Works Department cancel its contract negotiations with the successful bidder, reject the bid and_,.,) proceed to re-bid the project. DISCUSSION:— ACTION: Council Agenda Item No. 4A✓ OFFICE OF THE CITY ATTORNEY DATE: May 17, 1991 TO: COUNCIL FROM: TOM BRUBAKER SUBJECT: Cancellation of Contract Negotiations on Underground Storage Tank Removal Contract The City has four on-site pump generators at water storage tank sites. The fuel tanks for these generators are currently installed below ground. The Public Works department decided to remove the tanks, because of potential hazardous waste complications, and install modernized above-ground tanks. Early this year, the contract went out for bids, and R.W. Scott Construction Co. ("Scott") was awarded the contract as low bidder. Negotiations on the final contract proceeded smoothly until it was discovered that Scott's insurance policy excluded coverage for much of the work contemplated under the contract because the work dealt with petroleum derivatives, which the contract defined as a pollutant. Scott was unable to obtain the proper coverage after a good faith attempt to solve the problem. As a result, the Public Works department decided that the potential for serious property and personal injury damage in the event of a spill or other discharge, no matter how small that eventuality might be, was simply too great a risk for the City to assume. The bids offered by the remaining bidders, though, have expired. As a result, even if one of them were still willing to perform the contract (with the proper insurance) , the City would, in effect, be negotiating the project, because the contractors are no longer required to perform. State law forbids negotiations with bidders before a contract is awarded. Consequently, the Public Works department now asks that Council authorize it to cancel contract negotiations with Scott and to re-bid the project. Kent City Council Meeting r; Q� Date May 21. 1991 Category Bids 1. SUBJECT: CITY HALL REMODEL - PHASE I 2. SUMMARY STATEMENT: Bid opening was held April 26 with four bids received. The low bid was submitted by Armstrong Gilthvedt Construction in the amount of $106, 469 including sales tax. Staff recommends awarding the bid to the low bidder. 3 . EXHIBITS: Bid summary and memorandum from Customer Services Manager 4 . RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $106. 469 SOURCE OF FUNDS: 1991 Budget 7 . CITY COUNCIL ACTION: ((�� Councilmember moves, Councilmember 6J9 seconds the bid submitted by Armstrong Gilthvedt Construction in the amount of $106,469 be accepted. DISCUSSION: ACTION• Council Agenda Item No. 5A✓ MEMO DATE: May 7, 1990 TO: Operations Committees FROM: Charlie Lindsey SUBJECT: City Hall Phase I Remodel Bids The move of staff to the Centennial Center and anticipat- ed move of the Police Department prompted us to prepare an RFP for space planning and hire an architectural firm. The project was split into 2 phases. Phase I to remodel the City side of City Hall and Phase II to remodel the Police wing after their move to the old Library. Phase I remodels the 4th floor for Park Administration and cultural Arts as well as the Drinking Driver Task Force. The Law Department would expand into Parks Admin- stration area and Personnel into the Cultural Arts area. We bid Phase I with a base that included construction of conference and workrooms with portable walls and convert- ing the old 4th floor conference room into 2 offices. It also includes lighting upgrades and HVAC alterations. Alternate #1 is to add some additional offices, using portable walls in the Cultural Arts area for Personnel. Alternate #2 is to recarpet the 4th floor. The current carpeting is very worn and has a number of areas that do not have any carpeting at all . The following are the 4 responsible bids received. Bidder Base Bid Alt #1 Alt #2 Total Flag Const $86, 978 $19 , 988 $5, 707 $112, 673 Polestar Const 79, 784 23 , 073 5, 500 108, 357 Western Ventures 81, 200 15, 700 7, 000 103 , 900 Armstrong Const 76, 000 15, 000 7 , 400 98, 400 The project Architects are recommending that we award to Armstrong Construction, the lowest responsible bidder. This bid is within 10% of the Architects esitmate and within our budget of 125, 497 . The total bid, including sale tax of $8, 068 . 80 is $106, 468 . 80. \� Kent City Council Meeting V Date May 21. 1991 Category Bids 1. SUBJECT: MANGANESE WATER TREATMENT FACILITY The � r 2. SUMMARY STATEKENT: Bid opening was April 22 with seven bids received. The low bidder was Will Construction Company, Inc. in the amount of $3, 389,864.82. Construction costs are estimated to be $3,900,000. 00. Because of design changes and regulatory changes the project costs will e d the budget. Therefore it xce was recommended and approved by Public Works and Operations Committees to transfer $900, 000 from the Unencumbered Water Fund to this project and to award to the low bidder. 1 3 . EXHIBITS: Memorandum to Public Works Co ittee, IBC Fiscal Note and excerpt from Public Works Comm' tee minutes 4 . RECOMMENDED BY: (Committee, Staff, Examiner, CorAission, etc. ) 5. UNBUDGETED FISCAL PERSONNEL ACT: NO YES FISCWPERSONNEL NOTE: Reco ended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: yy Councilmember V),- moved, Courceilaaemb� that $900,000 be transferred from the Unencumbered Water Fund to the Manganese Water Treatment Facility and to award the project to Will Construction in the amount of $3, 389, 864.82 . u bc,cls 4- DISCUSSION• ACTION• Council Agenda Item No. 5B J MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- Subject: WATER TREATMENT FACILITY - FISCAL NOTE ?.ator: Tony MCCARTHY / KENT70/FN Dated: 04/26/91 at 1602 . THE PUBLIC WORKS DEPARTMENT IS REQUESTING AUTHORIZATION TO TRANSFER $900, 000 FROM UNENCUMBERED WATER FUND BALANCE TO THE 212TH SOURCE OF SUPPLY PROJECT. THE PROJECT IS CURRENTLY FUNDED AT $3 , 900, 000 BUT THE ADDITIONAL AMOUNT IS NEEDED TO AWARD THE BID TO THE LOW BIDDER. THE PROJECT IS TO DEVELOP TWO WELLS AND THE 212TH MANGANESE TREATMENT PLANT.THIS WILL INCREASE THE TREATED WATER BY 3, 000, 000 GALLONS. SINCE THE ORIGINAL COST ESTIMATE, REDESIGN WAS NEEDED TO ADD LANDSCAPING, WETLANDS CHANGES AND CHANGES DUE TO THE ENERGY CODE PASSAGE. INFLATION & THESE DESIGN CHANGES HAVE CAUSED THE PROJECT TO BE OVER ESTIMATE. SINCE THE PROJECT WILL ADD $3 , 000, 000 GALLONS OF TREATED WATER AND THE WATER FUND HAS AN UNENCUMBERED FUND BALANCE OF APPROXIMATELY $6, 000, 000, THE IBC RECOMMENDS APPROVAL OF THE BUDGET CHANGE. Public Works Committee May 71 1991 Page 4 �►- Manganese Water Treatment FacilitY After discussion, the Committee unanimously recommended approval to transfer $900, 000 from the unencumbered water fund and award of the project. City Shops Equipment Wash RaAfter ck tee sly ended to $17 , 000lfrom the� equipment trental afund uand to awa or the d the project $17 Hazardous Waste Plan Im lementation and Solid Waste Rates Wickstrom indicated this was informational to alert the Committee there possibly could be some garbage utility rate proposals coming before them soon relating them haulerstion will of the assessed thewfees t plan. Effective July , ass on to the customers. which they will have to absorb or p Another issue to affect the garbage rate is the increase in tipping fees we are anticipating to be effective January 1, 1992 . Budget Review Wickstrom informed the Committee that the meeting on July 16 has the rbeen equests.ic I ewas determined that fthe Commet ittee would meet atlic Works 1992 ulgl5 that day. Water Pressure - Cambridge Area Mr. Steinberg related that he has noticed a decrease in his water pressure since January. He became more acutely aware of it when he was getting his sprinkler system ready for the upcoming summer. He checked all the valves and had the company that installed the system for him come out. Wickstrom and Gill advised the Committee that we have the Cambridge tank out of service for painting. Mr. Steinberg said he felt the customers should have been notifiedck and wondered when the tank was going to be put Responding to Dowell, Wickstrom said that we do typically notify property owners in the area before any construction project. The Committee asked staff to check it out and let Mr. Steinberg know when the system will be back on-line. DEPARTMENT OF PUBLIC WORKS May 1. 1991 r TO: PUBLIC WORKS COMMITTEE FROM.- DON WICKSTROM /w RE. MANGANESE WATER TREATMENT FACILITY Based on the estimates provided by the consulting engineer and the bids received, construction costs for this project are anticipated to be $3,900, 000 . The project budget was established in the amount of $4, 157,121 with expenditures to date totaling $1,109, 605. it has been recommended to transfer $900, 000 from the unencumbered water fund to this project in order to award the project to the low bidder. IBC has recommended approval of the transfer. SIEGEL,KAREN / KENT70/PW _ HPDesk print_ --- _-______-_ Dated: 04/19/91 at 1607. Message. Subject: WATER TREATMENT FACILIY Contents: 2• Sender: Mayene MILLER /KE CC: Karen SIEGEL / W Part I. FROM: Mayene MILLER / KENT70/FN TO: Tony MCCARTHY / KENT70/FN Don WICKSTROM / KENT70/PW CC: Ed CHOW / KENT70/AD Jim HANSEN / KENT70/AD Jim HARRIS / KENT7KEN770/AD PL Alana MCIALWAIN /KEN/PW Karen SIEGEL / Part 2. TO THE 212TH SOURCE OF SUPPLY PROJECT. 00 THE PUBLI C WORKS DEPARTMENT IS REQUSTING AUTHORIZATION TO TRANSFER $900,0 FROM UNENCUMBERED WATER FUND BALANCETo D TO THE LOW BIDDER. THE PROJECT IS 'ASEV THE PTREATED TWO THE PROJECT IS CURRENTLY FUNDED AT $3,900,000 BUT THE ADDITIONAL S NEEDED TO AWARD THE BREDESIGN WELLS AND THE 2127H MANGANESE TNCE T CHANGES AND CHANGES DUE TO THE ENERGY CODE WATER BY 3,000,000 GALLONS.WETLANDS THE ORIGINAL COST ES DUE RoJE E EN BE NEEDED TO ADD LANDSCAPING, WETLA PASSAGE. INFLATION & THESE DESIGN CHANGES HAVE CAUSED THE ER OVER ESTIMATE. SINCE THE PROJECT WILL ADD $3,OOO,OOO GALLONS OF TREATED WATER AND THE WA FUND HAS AN UNENCUMBERED FUND BALANCE OF APPROXIMATELY $6,000,000, THE IBC RECOMMENDS APPROVAL OF THE BUDGET CHANGE. City of Rent, Washington PUBLIC WORKS COMMITTEE Date 5 7 91 Category 1. SUBJECT: Manganese Water Treatment Facility 2 . SUMMARY STATEMENT: Based on estimates provided by the consulting engineer, construction costs for this project are anticipated to be approximately $3, 900, 000. The project budget was established in the amount of $4, 157,121. Expenditures to date total $111091605 leaving a remaining fund balance of $3, 047,516. We are recommending the transfer of $900, 000 from the unencumbered water fund to this project. 3. EXHIBITS• 4 . RECOMMENDED BY: Don Wickstrom 5. UNBUDGETED FISCAL/PERSONNEL IMPACT• NO YES x FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $900, 000 SOURCE OF FUNDS: Unencumbered Water Fund 7 . CITY COUNCIL ACTION Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Kent City Council Meeting �J Date May 21. 1991 Category Bids 1. SUBJECT: CLOSED CIRCUIT TV SECURITY SYSTEM S N 0F'5 2. SUMMARY STATEMENT: Bid opening was May 3 with five bids submitted. The low bid was submitted by Reliable Security in the amount of $13,262. 16. It-+& recommend4id that the bid be accepted. 3 . EXHIBITS: Memorandum from Fleet Manager to the Director of Public Works 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCALJPERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended— Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember PL/1' moves, Councilmember � �' seconds that the bid submitted by Reliable Security in the amount of $13 ,262 . 16 for the Closed Circuit TV Security System of the Operations Divisions be accepted. DISCUSSION• V\A-1 ACTION• ^ I Council Agenda Item No. 5C✓ MEMORANDUM DATE: May 16, 1991 TO: Don Wickstrom, Director of Public Works FROM: Jack Spencer, Fleet Manager THRU: Tim Heydon, Operations Ma gerj � 4 SUBJECT: Closed Circuit TV Security System Public Works Operations advertised and called for bids on May 3rd, 1991 for a Closed Circuit TV System and VCR. At that time, five bids were submitted from companies for equipment and installation at the City Shops. The bids are as follows: Quentin Controls System, Inc $18,522,76 14001 5th Avenue South Seattle, Washington 98168-4793 Automated Equipment Co. $21,807.71. 904 1st Avenue South Seattle, Washington 98134 Dan Spencer $19,908.80 Path &Associates 1525 14th Avenue Seattle, Washington 98122 Commercial Sound & Equipment $17,541.38 12819 SE 38th Street Bellevue, Washington 98006 Reliable Security $13,262.16 P.O. Bog 3353 Arlington, Washington 98223 We have called two companies where Reliable Security has installed their systems and have visited Pay and Save Corporation at their Auburn Warehouse. They spoke well of their product and installation. They also noted that if any problems occurred, Reliable was quick to respond and handles the problems satisfactorily. Even though they are considerably lower than any other bidder,we cannot find any reason to reject their bid. I am recommending we award the bid to Reliable Security, the lowest bidder. JS/map E074CO2 CONTINUED COMMUNICATIONS A. 1 R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE 'f D. PLANNING COMMITTEE i E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS 1992 Budget Update Subject: 1992 BUDGET CALL Creator: Tony MCCARTHY / KENT70/FN Dated: 05/08/91 at 1506. 1cm9M: ED CHOW, CITY ADMINISTRATOR 6, AS YOU ARE AWARE FROM NEWS REPORTS OVER THE LAST 6 MONTHS, THE NATIONAL AND STATE ECONOMIES ARE IN SOME STAGE OF RECESSION, AUTO PLANTS HAVE CLOSED NATIONWIDE, WASHINGTON STATE TEACHERS HAVE STRUCK FOR HIGHER PAY, AND THE CITY OF SEATTLE HAS REQUESTED THAT DEPARTMENTS PROPOSE 5% CUTS IN THEIR 1992 BUDGET REQUESTS FOLLOWING A REQUEST FOR 4% CUTS IN THEIR 1991 SPENDING. THE CITY OF KENT HAS NOT BEEN IMMUNE. OUR SALES TAX RECEIPTS HAVE BEEN RUNNING AT ABOUT 90% OF BUDGET AND OUR BUILDING PERMIT REVENUE IS AT LESS THAN 50% OF BUDGET. THESE REVENUES EFFECT THE NEW CONSTRUCTION PORTION OF OUR PROPERTY TAX RECEIPTS WHICH ARE THUS ANTICIPATED TO BE AT A LOWER GROWTH RATE THAN IN PREVIOUS YEARS. BASED ON THIS WE HAVE INITIATED A HIRING AND CIP SLOWDOWN IN EARLY 1991. THIS HAS SAVED US SOME MONEY IN 1991, BUT THE REAL PROBLEM IS 1992 . THE EARLY PROJECTION FOR 1992 IS FOR A GENERAL FUND BUDGET SHORTFALL OF APPROXIMATELY $3 . 5 MILLION. THIS IS DUE NOT ONLY DUE TO A SLOWDOWN IN CITY REVENUE, BUT IT IS BASED ON EXPENDITURE GROWTH ASSOCIATED WITH SETTLED LABOR CONTRACTS AND SUCH THINGS AS PROJECTED INSURANCE AND UTILITY COST INCREASES . IN AN EFFORT TO BRING THE 1992 BUDGET INTO BALANCE THE STAFF HAS IDENTIFIED A NUMBER OF OPTIONS: USE OF THE GENERAL FUND RESERVE, ONE TIME ONLY TRANSFERS FROM OTHER FUNDS, CONTINUING THE HIRING AND CIP SLOWDOWN, PLANNING ON AN IMPROVED ECONOMY, HAVING A PERCENTAGE CUT IN DEPARTMENTAL BUDGETS, AND AN INCREASE IN THE UTILITY TAX. A TAX INCREASE IS OUT AT THIS TIME AND A i UCTION IN THE GENERAL FUND RESERVE SEEMS UNPOPULAR, SO THE 1992 BUDGET DTIRECTION IS TO PLAN ON A CUT BACK BUDGET AND HOPE FOR A TURN AROUND IN THE ECONOMY. IN THE MEANTIME THE HIRING AND CIP SLOWDOWN ARE STILL IN EFFECT. TO BE MORE SPECIFIC EACH DEPARTMENT IS HEREBY ASKED TO PROVIDE A SET OF DEPARTMENTAL CUTS TOTALLY 10% OF THE 1992 DEPARTMENTAL FINANCE FORECAST. THIS REQUEST APPLIES TO ALL OPERATING BUDGETS THAT IMPACT THE GENERAL FUND. EACH DEPARTMENT'S SET OF CUTS TOTALLING 10% SHOULD INCLUDE BETWEEN 5 AND 15 SEPARATE CUT PROPOSALS. THE LIST OF CUT PROPOSALS SHOULD CONSIDER ALL PROGRAMS AND CONTROLLABLE EXPENDITURES SO AS TO PROVIDE A WIDE RANGE OF CUTBACK ALTERNATIVES. THE LIST OF CUT PROPOSALS SHOULD BE IN PRIORITY ORDER. A COPY OF THE CUTBACK PROPOSALS SHOULD BE PROVIDED TO THE FINANCE DEPARTMENT BY JULY 15TH SO THAT THEY CAN BE SUMMARIZED FOR COUNCIL PRESENTATION ON AUGUST 8TH. THESE CUTBACK PROPOSALS SHOULD ALSO BE THE MAIN FOCUS OF YOUR REVIEW WITH THE COUNCIL COMMITTEES DURING THE MONTHS OF JUNE AND JULY. YOU SHOULD USE THEIR INPUT TO REFINE THE PROPOSALS. IT IS HOPEFUL THAT ONLY A PORTION OF THE CUTS WILL NEED TO BE TAKEN IF THE HIRING SLOWDOWN CONTINUES TO WORK AND THE ECONOMY TURNS AROUND. YOU ARE REQUESTED TO GIVE THE CUT PROPOSALS SOME THOUGHTFUL CONSIDERATION. THE CUTBACK PROPOSALS SHOULD FORCE US TO SCRUTINIZE BUDGETS THAT WE HAVE TENDED TO CONSIDER BASELINE SINCE OUR LAST CUTBACK BUDGET IN 1984 . PUBLIC. WORKS COMMITTEE MAY 71 1991 - i Mr. and Mrs. Rust PRESENT: Jim White Jay Steinberg Leona Orr W. J. Carey Steve Dowell M. G. Welch Don Wickstrom R. Scalzo Jim Hansen 1. Scalzo Gary Gill Gary Moore Tom Brubaker Bruce Rayburn Carol Morris Doug Sutherland Ed White Frank Hansen Tony McCarthy Lloyd Tomlinson Sewer Char e L I,D. 338 - Re uest for Exem tion from Monthl However, he opposed to the LID• He Mr. tic system at a considerable cost- He Tomlinson stated he was not pp has recently reworked his a connects to to be sewer charge until he stated. he would limethe monthly ble to recover5his cost aTo suggested Brubaker ted from a period of 1 years. he be exemp least for stem is built, the sewer or a law requires that once the sand that is the stated that statutory penalty the property owners must connect or pay a think so on an charge. White asked if that meant we could reason for the monthlyBcharge. stated he did not not waive the fee• that would constitute preferential treatment. penalty individual basis as act if such an We could perhaps pass an area ordinance amending the information to them at the structure. White askeed a d bringtcould the evielawhcould be written in ordinance were adopt those who had spent money on next meeting- Mr. Tomlinson suggest way that it addressed recnlyent period,such a within a recent time p jDraina heir septic systems S.E: 244th Street William Care e Problem introduced Mr. Carey, 11236 S.E. 244th, between 116th in the tarea for many two of his neighbors who have been living solutions. The ears. Mr. Carey distributed a letter to the Committee describing y problems and presenting proposed are an inadequate the drainagep Mr. Carey 240th Street drainage problems identified by between S.E. drainage system west of 112th Avenue S.E. alew letter and S.E. 244th Street and excess Mr YnO Carey read from his Station his observations_ of the construction that has taken located on 116th Avenue describing Public Works Committee May 7 , 1991 Page 2 place recently and their proposed effects on the drainage in the area. Mr. Carey stated what he does not have any immediate plans for developing the property but may in the future and until the drainage problems are corrected he would have difficulty doing that. White asked if the problems have gotten worse over the past four or five years. Mr. Carey said they have gotten progressively worse. Wickstrom stated that the drainage system within the Benson Shopping Center on the north side of 104th is privately owned and is undersized. We are developing plans for upgrading the system from 104th to S. E. 236th. White asked why we were issuing permits and allowing construction without considering the runoff of the development. Wickstrom stated we do require on-site detention. Recent studies on the Lagoon, Mill Creek Analysis and Garrison Creek Basin are giving us better information to calculate storage. We are finding our drainage standards need to be updated. Gill stated we are working on those standards now and he advised the Committee they should be aware that new standards could affect the developers extensively as far as the amount of land required for on-site detention and preservation of low wet areas. We anticipate the standards being completed later this year. Gill stated that we did not allow the new construction to block the drainage flow. Other factors taking place at the same time are the extremely severe storms that we have had recently. White stated he was concerned that we are creating wetlands and are asking individuals to pick up the costs because they have lost the use of their land. Gill responded that these areas were low and wet to begin with. White asked if we could have something back to the Committee by August 1. Mr. Carey asked that the letter to Mr. Gill and the letter he distributed today be made a part of the record and that he receive a response. Orr asked if the new construction pays for their drainage impacts. It was determined that their drainage utility bill is based upon the amount of impervious surface. L. I.D. 339 - Drainage Issue Mr. Moore, 836 Hilltop Avenue, stated that the septic services in the Hilltop area were affected by the underground water, water table level and flooding of their properties caused by the building above them and the drainage system developed for that development. They did not have a problem before the development. It appears that some culverts have been installed that change the direction of the drainage. He described underground water coming up at the end of his asphalt. It was clarified that Mr. Moore was not opposing the LID but concerned about the drainage. Wickstrom explained the drainage system for Lavender Hills and that the homes have roof drains which then infiltrates into the ground water. Wickstrom stated we have looked at installation of an infiltration drain east public Works Committee May 71 1991 page 3 Wickstrom which would require acquisition of easements.as determined of Hilltop tions ghat are being reviewed. the Committee explained other op some recommendations back to that staff would bring at their June 4 meeting. °f Sewer Service Extension Re nest from SeaTac for ion reviewed the history of City Manager for SeaTac, rovide sewer service to Doug Sutherland, Y requested to p The area was request. SeaTac has been 212th and 42nd. the req In properties in the vicinity in the Kent sphere of interest for sewer want to extend originally Kent has indicated they SeaTac has met and the City limits in that area. earlier discussions, or their sewer bey way service can another sewer district 1theab only sewer service eement with Tukwila and It appears interlocal agreement this property. to enter into an of SeaTac to constructa reasonably be provided isthe West Valley. Of Kent to allow the City line on with the City Metro a sewer sewer line to connect into City of SeaTac would form addressed continued that the ' of those Sutherland potential develop utility to provide sewer gerande p these properties indicating the concerns of zoning and within the City SeaTac the Green River owned by properties west of the line would be Dowell asked within Kent. nded it would those concerns ould not be serving properties Wickstrom resp and they point would be. Jim Hansen stated tataa where the connection p Jim up to Council be at 212th on the east side of the r1 unanimous that we would not about a year ago a similar issue was brought Po retreat. He stated he felt a City Po can At that time it was fairly es of requests these types extend services across the river. problem extending or direction from Council was needed SO Leona Orr concurred with be addressed. White stated he would not have a p the issue. if all our concerns could bethast addressed. would review It was determined to have full Council direction that. would like Wickstrom indicated Wickstrom stated he a sewer extension by technically this would . be before he devotes staff time to the review. for Dowell that through the Kent' s right of way. SeaTac and would be franchised services beyond and Orr stated they felt this was a different situation that White the moratorium on extending information on the what is addressed by the Committee and Council. the City limits. Orr moved that staff develop order it before be a cursory review in ideas discussed and bring well added that we should Hansen clarified that tthe Couna l lY development might take p to get direction from ht back act on Kent. This will be brought have some idea d the imp multifamily The Committee unanimously in the area and before the Committee in about a month approved the motion. Public Works Committee May 7, 1991 Page 4 Manganese Water Treatment Facility After discussion, the Committee unanimously recommended approval to transfer $900, 000 from the unencumbered water fund and award of the project. City Shops Equipment Wash Rack After discussion, the Committee unanimously recommended to transfer $17 , 000 from the equipment rental fund and to award the project. Hazardous Waste Plan Implementation and Solid Waste Rates Wickstrom indicated this was informational to alert the Committee there possibly could be some garbage utility rate proposals coming before them soon relating to implementation of the hazardous waste plan. Effective July 1, the haulers will be assessed the fees which they will have to absorb or pass on to the customers. Another issue to affect the garbage rate is the increase in tipping fees we are anticipating to be effective January 11 1992 . Budget Review Wickstrom informed the Committee that the meeting on July 16 has been dedicated to the review of the Public Works 1992 budget requests. It was determined that the Committee would meet at 1: 15 that day. Water Pressure - Cambridge Area Mr. Steinberg related that he has noticed a decrease in his water pressure since January. He became more acutely aware of it when he was getting his sprinkler system ready for the upcoming summer. He checked all the valves and had the company that installed the system for him come out. Wickstrom and Gill advised the Committee that we have the Cambridge tank out of service for painting. Mr. Steinberg said he felt the customers should have been notified and wondered when the tank was going to be put back on-line. Responding to Dowell, Wickstrom said that we do typically notify property owners in the area before any construction project. The Committee asked staff to check it out and let Mr. Steinberg know when the system will be back on-line. public Works Committee May 7 , 1991 page 5 Revision of Moratorium on Extendinq Utilitv Service Outside Cit Limits Policy- He resented a revision to the previously adopted o property which White p Item C to read "the owners of the P etition for proposed revising give notice of will receive the water or sewer City sofa Kent and g p property is included within an annexation of the property the City of Kent. " intent to annex at c considered forhe time rannexation by area that is being questioned whether White explained this would alannexation-1 Orr 4 services if the P . is actively p ursuinglace. The this actually guaranteed that the annexation eannexationl and we would have Boundary Review Board could deny ervices . Morris stated it could already extended our utility designated growth areas are happen if the county' s interim urban de . Orr expressed concerns somehow not upheld or if they change them. County standards in the County an say, no control over traffic mitigation that this would allow development by without the City having Y Wickstrom added that if we extend e of issues. limits we do and those type developments outside the City utility service to develop mitigation agreement and they pay require them to execute a a offi they develop. The development can cash up front for each p plan. After not exceed the land t was determinedes identidth s would be directedto the further discussion, in it to the Council. planning Committee before bringing