Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/03/1991 777 City of Kent City Counci Meeti n g Agenda CITY OF Mayor Dan Kelleher Council Members Judy Woods, President Steve Dowell Paul Mann Christi Houser Leona Orr Jon Johnson Jim White September 3, 1991 Office of the city cierk CITY COUNCIL MEETING September 3 , 1991 n3S�vII(C"S� Summary Agenda MAYOR: Dan Kelleher 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. V ALL TO ORDER ALL CALL ✓1. PUBLIC COMMUNICATIONS ✓A. Employee of the Month �/2 . PUBLIC HEARINGS A. Foster Industrial Park ✓3 . CONSENT CALENDAR ✓A. Minutes ✓B. Bills ✓C. Multi-Family Design Review ✓D. Kent 57 Appeal ✓E. 1992 Budget ✓F. 1991 Washington State Energy Code ✓G. 1991 Washington State Ventilation and Indoor Air Quality Code - ( ^krrame -a `,/H. Unfair Housing Practices - O_r4Vi a:aRVA8 ✓I. Street Occupation - ovdlnanco ` ✓J. Water Line Crossing - S. 222nd - f�+'f�°9r1"ce 1 -'I�. Bill of Sale - Northwest Business Park V'L. Bill of Sale - Van Doren's Landing ,/M. 1992 Community Development Block Grant Program N. Business License Revocation - U.S. Engine, Inc. L t 0. Parkside Wetlands Purchase and Sales Agreement re '/4 . OTHER BUSINESS ✓ LID 336 Bond owdfnance and Purchase Contract `�\} Extension of Utility Services - Rea+elutien ✓C. East Hill Annexation ✓b. 196th Corridor ,/E. Wheelchair Basketball Challenge f5. BIDS ✓A. Underground Storage Tank Removal and Above Ground Storage Tank Installation VB. Canyon Drive Left Turn Lanes and Guardrail Rehabilitation 6. CONTINUED COMMUNICATIONS ✓7 . REPORTS 8 . ADJOURNMENT Subject: AGENDA ITEMS NOT HAVING OPERATION COMMITTEE REVIEW Creator: Tony MCCARTHY_6 KENT70/FN Dated: 08/29/91 at 0843 . TC COUNCIL PRESIDENT WOODS AND COUNCILMEMBERS AGENDA ITEMS FOR THE 196TH CORRIDOR TRANSFER AND THE UNDERGROUND STORAGE TANK WERE SCHEDULED FOR THE AUGUST 27TH OPERATION COMMITTEE MEETING WHICH WAS CANCELLED DUE TO COUNCILMEMBER CONFLICTS . IN ADDITION, AS AN INFORMATION ONLY ITEM, I HAD HOPED TO ADD LID 336 BOND PURCHASE CONTRACT, BUT SINCE I WAS ON VACATION THE WEEK BEFORE, THE ITEM WASN'T ADDED TO THE OPERATION COMMITTEE AGENDA. THE INFORMATION PROVIDED AS PART OF THE AGENDA PACKET SHOULD BE SELF EXPLANATORY FOR THESE ROUTINE ITEMS. PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) Employee of the Month r-� ^� Kent City Council Meeting nj��' I U �� Y Date September 3 , 1991 �%^1fI�, Category Public Hearings 1. SUBJECT: FOSTER INDUSTRIAL PARK LOT 18 NO. SMP-91-91 2 . SUMMARY STATEMENT: This public hearing will consider the Planning Commission's recommendation of approval on a request to amend the Kent Shoreline Master Program Shoreline Environment from an existing conservancy environment to an urban environment. 3 . EXHIBITS: Memo, staff report, application and Planning Commission minutes of July 22 , 1991 4 . RECOMMENDED BY: Planning Commission (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ N/A _ SOURCE OF FUNDS : OPEN,,14EARING: PUBLIC INPUT: CLOSE: HEARING: 7. CITY COUNCIL ACTION: Councilmem moves, Councilmember R/ seconds to accept/ber��4 the Planning Commission's recommendation of approval on a request to amend the Kent Shoreline Master Program Shoreline Environment from an existing conservancy environment to an urban environment and direct the City Attorney to prepare the resolution of intention to adopt the amendment as required by the State Department of Ecology. DISCUSSION: ACTION• Council Agenda Item No. 2AJ( CITY OF �2�r!�2� Z CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 V7=rk MEMORANDUM September 3 , 1991 TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR RE: PLANNING COMMISSION RECOMMENDATION TO AMEND A SHORELINE ENVIRONMENT WITHIN THE KENT SHORELINE MASTER PROGRAM FOR FOSTER INDUSTRIAL PARK, LOT 18 , #SMP-91-1. /On July 22 , 1991 the Planning Commission approved an amendment to j the Kent Shoreline Master Program that would change an existing Conservancy shoreline environment adjacent to the Green River to an Urban environment. The Planning Commission is now recommending the amendment to the Council for their action as provided for in Appendix D, Section 4 of the Shoreline Master Program. The subject property is lot 18 of the Foster Industrial Park which abuts the Valley Freeway (SR 167) to the west, 74th Avenue S.to the east and S. 259th Street (if extended) to the south. The southern portion of the property is located within 200 feet of the Green River. The shoreline area at this location of the Green River is designated as a Conservancy environment. Commercial or industrial activities are not permitted uses within this environment. The owner of the subject property would like to utilize a portion of the property located within the shoreline area to construct an accessory parking lot for a warehouse/distribution facility. A redesignation of the shoreline environment to Urban is necessary to allow the proposed construction. The owner intends to provide public parking and enhanced landscaping in order to meet local and state requirements for redesignation of a shoreline environment. On September 3 the council will consider the Planning Commission' s recommendation and if you concur we are asking that your concurrence be in the form of a RESOLUTION OF INTENT TO ADOPT the amendment. As required by state law, the Department of Ecology must then approve the proposed amendment prior to final approval by the Council as an ordinance. Enclosed for your review is a copy of the Commission's meeting minutes, the staff report and owners application for the proposal. JPH/mp:a: smp9llcc.mmo CITY OF KENT PLANNING DEPARTMENT STAFF REPORT (206) 859-3390 pfiT®IIcC1SS' FOR PLANNING COMMISSION MEETING OF JULY 22 , 1991 FILE NO: FOSTER INDUSTRIAL PARK, LOT 18 #SMP-91-1 APPLICANT: FIRST AMERICAN, INC. REQUEST: A request to amend the Kent Shoreline Master Program shoreline environment from an existing Conservancy designation to an Urban designation. PLANNER: CAROL PROUD STAFF RECOMMENDATION: APPROVAL I , GENERAL INFORMATION A. Description of the Proposal The proposal consists of changing an approximately . 38 acre shoreline area that is currently designated as a Conservancy environment to an Urban environment. The applicant intends to provide accessory parking for a warehouse/distribution facility within 100 feet of the Ordinary High Water Mark of the Green River. The request for an amendment of the shoreline designation is necessary because the intended parking area is not a permitted use in the Conservancy shoreline environment. Only recreational uses or developments are permitted in a Conservancy shoreline environment. B. Location The affected property is lot 18 of the Foster Industrial Park Subdivision which abuts SR 167 to the west, 74th Avenue S. to the east and unimproved S. 259th Street to the south. The subject shoreline area is located entirely within lot 18 . The western boundary abuts SR 167 , the southern 1 Staff Report Foster Industrial Park, Lot 18 #SMP-91-1 boundary abuts the northern edge of S. 259th Street public right-of-way. The northern boundary extends approximately 290 linear feet across the southern portion of lot 18 . C. Zoning Comprehensive Plan Mao and Shoreline Designation The subject property is currently zoned M2 , Limited Industrial and is within a Conservancy shoreline designation. The City-wide Comprehensive Plan Map designates the site, including the shoreline area, as I , Industrial . The shoreline area located between the Green River and unimproved S. 259th Street is designated as Open Space/Public Trail. D. Land and Shoreline Use Warehouse/distribution facilities located to the east and north along 74th Avenue S . are the predominate land uses in the vicinity. A recently constructed City park that also serves as a storm water detention facility for development in the Foster Industrial Park abuts the subject shoreline area to the east. The proposed Green River Trail will be constructed along the river bank south of the site and continue west under SR 167 . Unimproved S. 259th Street is currently rutted with a gravel and dirt surface and is used as an informal parking lot for park and river activities. E. Site and Area History Originally all shoreline areas adjacent to the Green River within the City of Kent were designated as an Urban environment . Several Conservancy environments including the subject site were established through a Shoreline Master Program amendment in 1978 . The Foster Industrial Park Subdivision (#SU-79-6) received preliminary plat approval from the City Council on April 7 , 1980 and final plat approval on November 4 , 1985 . As a condition of plat approval the applicant was required to dedicate approximately 2 . 9 acres adjacent to the Green River to the City for a future park site. Since the applicant intended to 2 Staff Report Foster Industrial Park, Lot 18 #SMP-91-1 use the park as a storm detention facility, shoreline substantial development approval was necessary. The Hearing Examiner approved the substantial development permit (#SMA-85-3) August 21, 1985 subject to the applicant landscaping the site and in effect constructing the park. II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment An environmental review 'of the proposed development on lot 18 which included a review of any shoreline considerations has been conducted pursuant to the State Environmental Policy Act (SEPA) . Potential impacts that were identified included storm drainage; transportation system and need for sidewalks. A Declaration of Nonsignificance (DNS) with three mitigating conditions was issued on March 28, 1991 B. Significant Physical Features 1. Topography and Hydrology The subject shoreline area is level ground with no hydrological considerations identified. 2 . Vegetation The site is intermittently covered with grasses. A large cottonwood tree is located in the S. 259th right-of-way adjacent to the subject property. III . APPLICABLE LAWS PLANS AND POLICIES The following laws, plans and policies apply to this proposal. 3 Staff Report Foster Industrial Park, Lot 18 #SMP-91-1 A. Shoreline Management Act (Ch. 90. 58) . and related state regulations The State Shoreline Management Act, Chapter 90. 58 RCW, and the implementing regulations adopted by the Department of Ecology, contain state standards and policies applicable to all uses within the shoreline. Section 173-16-040 of the Washington Administrative Code sets out the review criteria for developing shoreline master programs. Any amendment to a master program must also be consistent with these criteria. (Please see Appendix A of this report for the full text of 173-16 . 040) . Subsection (4) b. establishes the four shoreline environments and provides a basis for environment designation within the local jurisdiction. Section 173-19-060 addresses the amendment of master programs and provides that master programs shall be periodically reviewed by the local government and the Department of Ecology. These criteria must be satisfied, in addition to the criteria contained in the Kent Shoreline Master Program. B. Kent Shoreline Master Program A resolution to adopt proposed text amendments to the Kent Shoreline Master Program has recently been approved by the City Council and is now at the time of this report pending further action by the Department of Ecology. It is anticipated that approval of the amendments from the DOE will be forwarded to the City by September, 1991. Final City Council approval of the revised program is tentatively scheduled for October, 1991. 1. Use Regulations The Kent Shoreline Master Program use regulations currently require in an Urban environment that all commercial and industrial uses including associated parking or impervious surfaces observe a 200 foot setback from the Green River. Any development within 4 Staff Report Foster Industrial Park, Lot 18 #SMP-91-1 the shoreline area would require a variance from these standards . The Conservancy environment only permits recreational uses within the shoreline area. variance relief is available from development standards but not for the specific use itself. 2 . Shoreline of State-wide Significance The Shoreline Management Act has designated the shorelines of the Green River to be of state-wide significance. These shorelines are deemed to be of importance to the entire state and because these shorelines are major resources from which all people in the state derive benefit, the shoreline master program gives preference to uses which favor public and long-range goals . Any amendment to a shoreline environment are subject to the criteria established in Appendix C (pursuant to RCW 90 . 58 . 020 and WAC 173-16-040 (5) ) of the Kent Shoreline Master Program (Please see appendix B of this report for complete text) . 3 . Other Relevant Goals , Objectives , or Policies of the Kent Shoreline Master Program In order to determine whether the proposal meets the above listed criteria, it is necessary to examine other sections of the Kent Shoreline Master Program. The following provisions of the Master Program are relevant to an amendment of the shoreline environment and this proposal. The provisions indicate that the proposed amendment is consistent with the intent of the Master Program: Economic Development Element Goal: Development of the shorelines shall be limited to uses which are oriented to a shoreline location, and are compatible with a natural environment. 5 Staff Report Foster Industrial Park, Lot 18 #SMP-91-1 objective 1: Permit only development of the shoreline that e n h a n c e s t h e environmental qualities. Policy 2 : The City shall 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. Objective 3 : Plan development of all land contiguous to the water' s edge so that public access and use of the shoreline is enhanced. Public Access Element Goal: Make the river ' s edge available to the public. Objective 1: Provide improved public access to the river' s edge. Policy 2 : Publicly-owned shoreline areas shall provide public access to the water ' s edge where feasible. Recreational Element Goal: Maximize public recreational opportunities along the shoreline. Objective 1: Provide . a regional, riverfront park system along the shoreline. 6 Staff Report Foster Industrial Park, Lot 18 #SMP-91-1 Policy 2 : The City' s Park and recreation Department shall take action to interest State, Federal and County government in the City's Action Program to acquire and develop a regional riverfront park system. The application of these provisions to the proposal is discussed in Section V below. IV. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: City Administrator Building Official City Attorney Public Works Director Fire Chief Chief of Police In addition to the above, all persons owning property within 300 feet of the site were notified of the application and the public hearing. V. PLANNING DEPARTMENT REVIEW The Planning Department has reviewed this application in relation to the State Shoreline Management Act and State shoreline regulations, and the Kent Shoreline Master Program. The following is a listing of all state and local amendment criteria, followed by a discussion of whether the proposal meets those criteria. A. State regulations. (Please refer to Appendix A. ) 1. WAC 173-16-040 (4)b. The Conservancy environment is for those areas which are intended to maintain their existing character. It is also considered the most suitable designation for those areas which present too severe biophysical limitations to be designated as 7 Staff Report Foster Industrial Park, Lot IS #SMP-91-1 Policy 2 : The City' s Park and recreation Department shall take action to interest State, ' Federal and County government in the City's Action Program to acquire and develop a regional riverfront park system. The application of these provisions to the proposal is discussed in Section V below. IV. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: City Administrator Building Official City Attorney Public Works Director Fire Chief Chief of Police In addition to the above, all persons owning property within 300 feet of the site were notified of the application and the public hearing. V. PLANNING DEPARTMENT REVIEW The Planning Department has reviewed this application in relation to the State Shoreline Management Act and State shoreline regulations, and the Kent Shoreline Master Program. The following is a listing of all state and local amendment criteria, followed by a discussion of whether the proposal meets those criteria. A. State regulations. (Please refer to Appendix A. ) 1. WAC 173-16-040 (4)b. The Conservancy environment is for those areas which are intended to maintain their existing character. It is also considered the most suitable designation for those areas which present too severe biophysical limitations to be designated as 7 Staff Report Foster Industrial Park, Lot 18 #SMP-91-1 rural or Urban environments. The objective is to protect, conserve and manage existing natural resources to ensure recreational benefits for the public and sustained resource utilization. The Urban environment is appropriate for areas of high intensity • land use including residential, commercial, and industrial development. Areas given this designation should present few biophysical limitations for urban activities and not have a high priority for designation as an alternative environment. The objective of the Urban environment is to ensure optimum utilization of shorelines within urbanized areas by providing for intensive public use and by managing development so that it enhances and maintains shorelines for a multiplicity of urban uses. The requested change would more accurately reflect the present zoning and land uses while still protecting the shoreline. South 259th Street forms a natural division between the shoreline area and the upland development. At the present time South 259th is unimproved right-of-way west of 74th Avenue S. The Department of Public Works does not intend to improve the street. The applicant has developed a park on the abutting property. The Green River Trail Corridor proposal submitted by the Parks Department is currently in the permit review process and should be constructed by summer of 1992 . Any development within the shoreline area _ will be subject to shoreline substantial development permit approval. Public improvements including parking and enhanced landscaping will be required as a condition of approval. 2 . AAC 173-19-060 This section states that local governments should make amendments deemed necessary to reflect changing local circumstances, new information, or improved data. Amendments must be consistent with Chapter 90 . 58 RCW. The need for the requested amendment results from changed circumstances and new information. The shoreline designation precedes the subdivision of the subject property. 8 Staff Report Foster Industrial Park, Lot 18 #SMP-91-1 If the full effect of the shoreline designation had been analyzed through the subdivision review process, it is possible that the plat could have been modified to eliminate the present conflict with the restrictive Conservancy designation. However, the subdivision was approved and has been substantially developed. It is not anticipated that the proposed shoreline amendment and resultant development would be detrimental to the shoreline environment. The requested amendment is minor in nature and is consistent with the criteria set forth in the Shoreline Management Act. Lot 18 is not adjacent to the Green River and is separated from the river bank by S. 259th Street. Retention of the Conservancy designation from S. 259th Street to the river ensures full protection of the shoreline and provides opportunity for continuation of the park and pedestrian access . B. Provisions of the Kent Shoreline Master Program The proposal must also be consistent with the following principles and the guidelines set forth at page C-1 of the Master Program for shorelines of statewide significance. (Please refer to Appendix B for complete text. ) (1) Recognize and protect the state-wide interest over local interest. As noted above, the proposal has been forwarded for comment to several City departments. Public notice requirements have been met. Any comments from the public either written or verbally presented at the Planning Commission public hearing will be included in the final recommendation forwarded to the City Council. The Council will also conduct a public hearing on the matter as required by the Kent Shoreline Master Program. The proposal will be forwarded to the Department of Ecology for comment prior to final approval by the City Council . Any statewide interest that has not been included or considered for 9 Staff Report Foster Industrial Park, Lot 18 #SMP-91-1 the proposal will be duly noted and conditioned as appropriate. (2) Preserve the natural character of the shoreline. The proposed Urban shoreline designation takes into consideration the least amount of shoreline area needed for development of lot 18 and leaves unchanged the majority of the Conservancy designation adjacent to the river thereby minimizing intrusions into the shoreline. Proposed public amenities will upgrade the existing park edges and provide needed improvements to S. 259th Street right- of-way. (3) Result in long-term over short-term benefit. The goals, objectives and policies of the Shoreline Master Program provide guidance for determining long term benefit of the proposal over the immediate benefit as in this case to the proposed development on lot 18 . As noted in the above referenced goals and policies, any development must enhance the environmental qualities and provide public access and recreational opportunities in the shoreline area. The applicant as a result of subdivision approval has developed and dedicated to the public a park. In conjunction with shoreline substantial development permit approval for development of lot 18 , the applicant must provide additional public amenities. These improvements combined with the completed Green River Trail Corridor will provide a greatly enhanced recreation area that will benefit the public for years to come. (4) Protect the resources and ecology of shorelines. Proposed development of the subject property must meet City standards for erosions and 10 Staff Report Foster Industrial Park, Lot 18 #SMP-91-1 sediment control. The applicant will be required to construct a bio-filtration system for storm water detention further protecting the shoreline environment. (5) Increase public access to publicly-owned areas of the shorelines. Public access will not be restricted as a result of the proposed amendment. As presented, the proposed warehouse building will be located at the north end of lot 18 outside of the 200 foot shoreline area. Proposed accessory parking and landscaping will not impede access to the shoreline area, as proposed. (6) Increase recreational opportunities for the public on the shorelines. Again as previously mentioned, the applicant must provide a minimum three public parking spaces for recreational users of the shoreline area. Possible additional parking may be provided as space warrants and approval is obtained from the Department of Public Works. VII . CITY STAFF RECOMMENDATION Upon review of this application and the applicable criteria for granting an amendment to the Shoreline Master Program, the City staff recommends APPROVAL of the change in shoreline designation from a Conservancy environment to an Urban environment. (Staff wishes to note that the approval of this change in shoreline designation does not authorize in any way the site and development plans submitted for said application, which is dependent on pending master program amendments or obtaining a variance from current use regulations. A separate shoreline substantial development permit will be required in order to authorize eventual development of the site) . KENT PLANNING DEPARTMENT July 11, 1991 ch:c:smp911cpt 11 Staff Report Foster Industrial Park, Lot 18 #SMP-91-1 APPENDIX A SEE ATTACHED WAC 173-16 . 040 (4) B WAC 173-19 . 060 12 173-16-040 Shorelines—Development of Master Programs the use of citizen involvement and measurement on con- shoreline uses, systematically as belonging to these ge- currence should be included. neric classes of activities, the policies and goals in the (i) Public notice shall include: master programs can be clearly applied to different ich the rule is tN (i) Reference to the authority under wh ino the tmaster s absence programs, the appl cation of policy a of l and use proposed. (ii) A statement of either the terms or substance of regulations could be inconsistent and arbitrary. the proposed rule or a description of the subjects and is- The plan elements are: sues involved. (a) Economic development element for the location (iii) The time, place and manner in which interested and design of industries, transportation facilities, port persons may present their views thereon (as stated in facilities, tourist facilities, commercial and other devel- RCW 30.04.025 (34.04.0251). opments that are particularly dependent on shoreland (2) Policy statements. Each local government shall locations, submit policy statements, developed through the citizen (b) Public access element for assessing the need for involvement process, regarding shoreline development as providing public access to shoreline areas. part of its master program. Because goal statements are (c) Circulation element for assessing the location and often too general to be useful to very specific decision extent of existing and proposed major thoroughfares, problems, the policy statements are to provide a bridge transportation routes, terminals and other public facili- for formulating and relating use regulations to the goals tics and correlating those facilities with the shoreline use also developed through the citizen involvement process. elements. In summary, the policy statements must reflect the in- (d) Recreational element for the preservation and ex- tent of the act, the goals of the local citizens, and spe- pansion of recreational opportunities through programs cifically relate the shoreline management goals to the of acquisition, development and various means of less— master program use regulations. than—fee acquisition. Clearly stated policies are essential to the viability of (d) Shoreline use element for considering: the master programs. The policy statements will not only (i) The pattern of distribution and location require- support the environmental designations explained below, meats of land uses on shorelines and adjacent areas, in- but, also being more specific than goal statements, will eluding, but not limited to, housing, commerce, industry, provide an indication of needed environmental designa- transportation, public buildings and utilities, agriculture, tions and use regulations. education and natural resources. The following methodology for developing policy (ii) The pattern of distribution and location require- statements is recommended: merits of water uses including, but not limited to, aqua- (a) Obtain a broad citizen input in developing policy culture, recreation and transportation. by involving interested citizens and all private and public (1) Conservation element for the preservation of the entities having interest or responsibilities relating to natural ihoreline resources, considering such character- shorelines. Form a citizen advisory committee and con- istics as scenic vistas, parkways, estuarine areas for fish duct public meetings as outlined in WAC 173-16— and wildlife protection, beaches and other valuable nat- 040(1) to encourage citizens to become involved in de- ural or aesthetic st alf cultural element for protection and veloping a master program. (g) (b) Analyze existing policies to identify those policies restoration of buildings, sites and areas having historic that may be incorporated into the master program and cultural, educational or scientific values. those which conflict with the intent of the act. Further, (h) In addition to the above—described elements, local identify constraints to local planning and policy imple- governments are encouraged to include in their master mentation which are a result of previous government ac- programs, an element concerned with the restoration of tions, existing land—use patterns, actions of adjacent areas to a natural useful condition which are blighted by jurisdictions or other factors not subject to local control abandoned and dilapidated structures. Local govern- or influence. ments a;e also encouraged to include to their master (c) Formulate goals for the use of shoreline areas and programs any other elements, which, because of present develop policies to guide shoreland activities to achieve uses or future needs, are deemed appropriate and neces- these goals. sary to effectuate the Shoreline Management Act. The policies should be consistent with RCW 90.58- (4) Environments. In order to plan and effectively .020 and provide guidance and support to local govern- manage shoreline resources, a system of categorizing ment actions regarding shoreline management. shoreline areas is required for use by local governments Additionally, the policies should express the desires of in the preparation of master programs. The system is local citizens and be based on principles of resource designed to provide a uniform basis for applying policies management which reflect the state—wide public interest and use regulations within distinctively different shore- in all shorelines of state—wide significance. line areas. To accomplish this, the environmental dcsig- (3) Master program elements. Consistent with the nation to be given any specific area is to be based on the general nature of master programs, the following land existing development pattern, the biophysical capabilities and water use elements are to be dealt with, when ap- and limitations of the shoreline being considered for de propriate, in the local master programs. By dealing with velopment and the goals and aspirations of loc: citizenr: [Ch. 173-16 WAC-p 41 (4/15/85) Shorelines--Development of Master Programs 173-16-040 cm classifies shorelines into the natural characteristics which make these areas The recommended syst four distinct environments (natural, conservancy, rural unique and valuable.and urban) which provide the framework for imple- The main emphasis regulation in these aquas should an menting shoreline policies and regulatory measures. on natural systems and resources which require intern re This system is designed to encourage uses in each en- restrictions of intensities and types uses to maintain vironment which enhance the character of that environ- them In a natural state. Therefore, activities which m ay al or potential value of this environment ment. At the same time, local government may place degrade the actu reasonable standards and restrictions on development so should be strictly regulated. Any activity which would that such development does not disrupt or destroy the bring about a change in the existing situation would be character of the environment. desirable only if such a change would contribute to the The basic intent of this system is to utilize perform- preservation of the existing character. ance standards which regulate use activities in accord- The primary determinant for designating an area as a ance with goals and objectives defined locally rather natural environment is the actual presence of sonic than to exclude any use from any one environment. unique natural or cultural features considered valuable Thus, the particular uses or type of developments placed in their natural or original condition which are relatively in each environment must be designed and located so intolerant of intensive human use. Such features should that there are no effects detrimental to achieving the be defined, identified and quantified in the shoreline in- objectives of the environment designations and local de- ventory. The relative value of the resources is to be velopment criteria. based on local citizen opinion and the needs and desires This approach provides an "umbrella" environment of other people in the rest of the state. class over local planning and zoning on the shorelines. (ii) Conservancy environment. The objective in desig- Since every area is endowed with different resources, has nating a conservancy environment is to protect, conserve different intensity of development and attaches different and manage existing natural resources and valuable his- social values to these physical and economic characteris- tone and cultural areas in order to ensure a continuous tics, the environment designations should not be re- flow of recreational benefits to the public and to achieve garded as a substitute for local planning and land—use sustained resource utilization. regulations. The conservancy environment is for those areas which (a) The basic concept for using the system is for local are intended to maintain their existing character. The governments to designate their shorelines into environ- preferred uses are those which are nonconsumptive of ment categories that reflect the natural character of the the physical and biological resources of the area. Non- shoreline areas and the goals for use of characteristically consumptive uses are those uses which can utilize re- different shorelines. The determination as to which des- sources on a sustained yield basis while minimally ignation should be given any specific area should be reducing opportunities for other future uses of the re- made in the following manner: sources In the area. Activities and uses of a nonperman- (i) The resources of the shoreline areas should be an- ent nature which do not substantially degrade the alyzed for their opportunities and limitations for differ- existing character of an area are appropriate uses for a ent uses. Completion of the comprehensive inventory of conservancy environment. Examples of uses that might resources is a requisite to identifying resource attributes be predominant in a conservancy environment include which determine these opportunities and limitations. diffuse outdoor recreation activities, timber harvesting (ii) Each of the plan elements should be analyzed for on a sustained yield basis, passive agricultural uses such their effect on the various resources throughout shoreline as pasture and range lands, and other related uses and areas. Since shorelines are only a part of the system of activities. resources within local jurisdiction, it is particularly im- The designation of conservancy' environments should portant that planning for shorelines be considered an in- seek to satisfy the needs of the community as to the tegral part of area—wide planning. Further, plans, present and future location of recreational areas proxi- policies and regulations for lands adjacent to the shore- mate to concentrations of population, either existing or lines of the state should be reviewed in accordance with projected. For example, a conservancy environment des- RCW 90.58.340. ignation can be used to complement city, county or state (iii) Public desires should be considered through the plans to legally acquire public access to the water. citizen involvement process to determine which environ- The conservancy environment would also be the most ment designations reflect local values and aspirations for suitable designation for those areas which present too the development of different shoreline areas. sever biophysical limitations to be designated as rural or (b) The management objectives and features which urban environments. Such limitations would include ar- characterize each of the environments are given below to gas of steep slopes presenting erosion and slide hazards, provide a basis for environment designation within local areas prone to flooding, and areas which cannot provide jurisdictions. adequate water supply or sewage disposal. (i) Natural environment. The natural environment is (iii) Rural environment. The rural environment is in- intended to preserve and restore those natural resource tended to protect agricultural land from urban expan- systems existing relatively free of human influence. Lo- sion, restrict intensive development along undeveloped cal policies to achieve this objective should aim to regu- shorelines, function as a buffer between urban areas, and late all potential developments degrading or changing [Cit. 173-16 WAC-p 51 (4/15/85) 173-16-040 Shorelines--Development of Master Programs maintain open spaces and opportunities for recreational access to the water in the urban environment should be uses compatible with agricultural activities. accomplished in the master program. To enhance water- The rural environment is intended for those areas front and ensure maximum public use, industrial an,' characterized by intensive agricultural and recreational commercial facilities should be designed to permit pk uses and those areas having a high capability to support destrian waterfront activities. Where practicable, various active agricultural practices and intensive recreational access points ought to be linked to nonmotorized trans- development. Hence, those areas that are already used portation routes, such as bicycle and hiking paths. for agricultural purposes, or which have agricultural po- (5) Shorelines of state—wide significance. The act des- tential should be maintained for present and future agri- ignated certain shorelines as shorelines of state—wide cultural needs. Designation of rural environments should significance. Shorelines thus designated are important to also seek to alleviate pressures of urban expansion on the entire state. Because these shorelines are major re- prime farming areas. sources from which all people in the state derive benefit. New developments in a rural environment are to re- the guidelines and master programs must give preference Elect the character of the surrounding area by limiting to uses which favor public and long—range goals. residential density, providing permanent open space and Accordingly, the act established that local master by maintaining adequate building setbacks from water programs shall give preference to uses which meet the to prevent shoreline resources from being destroyed for principles outlined below in order of preference. Guide- other rural types of uses. lines for ensuring that these principles are incorporated Public recreation facilities for public use which can be into the master programs and adhered to in implement- located and designed to minimize conflicts with agricul- ing the act follow each principle. tural activities are recommended for the rural environ- (a) Recognize and protect the state—wide interest over ment. Linear water access which will prevent local interest. Development guidelines: overcrowding in any one area, trail systems for safe (i) Solicit comments and opinions from groups and nonmotorized traffic along scenic corridors and provi- individuals representing state—wide interests by circular- sions for recreational viewing of water areas illustrate ing proposed master programs for review and comment some of the ways to ensure maximum enjoyment of rec- by state agencies, adjacent jurisdictions' citizen advisory reational opportunities along shorelines without conflict- committees, and state—wide interest groups. (See .`\p- ing with agricultural uses. In a similar fashion, pendix, Reference No. 32.) agricultural activities should be conducted in a manner (ii) Recognize and take into account state agencies which will enhance the opportunities for shoreline recre- policies, programs and recommendations in developing ation. Farm management practices which prevent ero- use regulations. Reference to man)' of these agencie' sion and subsequent siltation of water bodies and policies are provided in the appendix. This informatic minimize the flow of waste material into water courses can also be obtained by contactine agencies listed in the are to be encouraged by the master program for rural Shoreline Inventory Supplement Number One. environments. (iii) Solicit comments, opinions and advice from indi- (iv) Urban environment. The objective of the urban viduals with expertise in ecology, oceanography, ecology, environment is to ensure optimum utilization of shore- lirnnology, aquaculture and other scientific fields perti- lines within urbanized areas by providing for intensive nent to ;horeline management. Names of organizations public use and by managing development so that it en- and individuals which can provide expert advice c;ui be hances and maintains shorelines for a multiplicity of ur- obtained from the department's resource specialist ban uses. listing. The urban environment is an area of high—intensity (b) Preserve the natural character of the shoreline. land—use including residential, commercial, and indus- Development guidelines: trial development. The environment does not necessarily (i) Designate environments and use regulations to include all shorelines within an incorporated city, but is minimize man—made intrusions on shorelines. particularly suitable to those areas presently subjected to (ii) Where intensive development already occurs, up- extremely intensive use pressure, as well as areas grade and redevelop those areas to reduce their adverse planned to accommodate urban expansion. Shorelines impact on the environment and to accommodate future planned for future urban expansion should present few growth rather than allowing high intensity uses to ex- biophysical limitations for urban activities and not have tend into low intensity use or underdeveloped areas. a high priority for designation as an alternative (iii) Ensure that where commercial timber—cutting is environment. allowed as provided in RCW 90.58.150, reforestation Because shorelines suitable for urban uses are a lim- will be possible and accomplished as soon as practicable. ited resource, emphasis should be given to development (c) Result in long—term over short—term benefit. De- within already developed areas and particularly to wa- velopment guidelines: ter—dependent industrial and commercial uses requiring (i) Prepare master programs on the basis of preserving frontage on navigable waters. the shorelines for future generations. For example, ac- In the master program, priority is also to be given to tions that would convert resources into irreversible uses planning for public visual and physical access to water in or detrimentally alter natural conditions characteristic the urban environment. Identifying needs and planning shorelines of state—wide significance, should be sever._ for the acquisition of urban land for permanent public limited. ICh. 173-16 WAC—p 61 (4/I5/s5) Shorelines—Development of Master Programs 173-16-050 (ii) Evaluate the short-term--economic gain or conve- the first three sources. Most beach material in Puget nience of developments in relationship to long-term and Sound is eroded from the adjacent bluffs composed of potentially costly impairments to the natural glacial till. environment. The effect of wave action on the movement and dcpo- (iii) Actively promote aesthetic considerations when sition of beach material varies-depending upon the size contemplating new development, redevelopment of exist- of the material. Hence, in most cases, beaches composed ing facilities or for the general enhancement of shoreline of different sized material are usually characterized by different slopes and profiles. The entire process of beach areas. (d) Protect the resources and ecology of shorelines. formation is a dynamic process resulting from the effect Development guidelines: of wave action on material transport and deposition. Ini- (i) Leave undeveloped those areas which contain a tially, wave action will establish currents which transport unique or fragile natural resource. and deposit material in various patterns. However, once (5) Prevent erosion and sedimentation that would al- a particular beach form and profile is established it be- ter the natural function of the water system. In areas gins to modify the effects of waves thus altering the ini- where erosion and sediment control practices will not be tial patterns of material transport and deposition. Hence, effective, excavations or other activities which increase in building beach structures such as groins, bulkheads or erosion are to be severely limited. jetties, it is particularly important to recognize that sub- (iii) Restrict or prohibit public access onto areas sequent changes in wave and current patterns will result which cannot be maintained in a natural condition under in a series of changes in beach formation over time. (See human uses. WAC 173-16460 (6), (11), (12) and (13).) (e) Increase public access to publicly owned areas of Ins the process uof beach beach formation, sand pathates ash re tra the the shorelines. Development guidelines: p p (i) In master programs, give priority to developing onto the beach in a diagonal direction and retreat in a paths and trails to shoreline areas, linear access along vertical direction. At the same time, longshore currents the shorelines, and to developing upland parking. are created in the submerged intertidal area by the force (ii) Locate development inland from the ordinary of diagonally approaching waves. Beach material sus- high-water mark so that access is enhanced. pended by the force of the breaking waves is transported (f) Increase recreational opportunities for the public in one direction or another by the longshore current. on the shorelines. Development guidelines: Longshore drifting of material often results in the net (i) Plan for and encourage development of facilities transportation of beach material in one direction causing for recreational use of the shorelines. the loss of material in some areas and gains in others. (ii) Reserve areas for lodging and related facilities on The profile of a beach at any time will be determined uplands well away from the shorelines with provisions by the wave conditions during the preceding period. Se- for nonmotorized access to the shorelines. [Order DE vere storms will erode or scour much material away 72-12, § 173-16-040, filed 6/20/72 and 7/20/72.] from the beaches due to the force of retreating waves. During calm weather, however, the waves will construc- WAC 173-16-050 Natural systems. This section tively move material back onto the beach. This destruc- contains brief and general descriptions of the natural tive and constructive action, called cut and fill, is geographic systems around which the shoreline manage- evidenced by the presence of beach ridges or berms. merit program is designed. The intent of this section is to New ridges are built up in front of those that survive define those natural systems to which the Shoreline storm conditions as sand is supplied to the beach in suc- Management Act applies, to highlight some of the fea- ceeding phases of calmer weather. In time, the more tures of those systems which are susceptible to damage stable landward ridges are colonized by successional from human activity, and to provide a basis for the stages of vegetation. The vegetation stabilizes the ridges. guidelines pertaining to human-use activities contained protects them from erosion and promotes the develop- in WAC 173-16-060. ment of soil. It is intended that this section will provide criteria to (b) Rocky beaches. Rocky beaches, composed of cob- local governments in the development of their master bles, boulders and/or exposed bedrock are usually programs, as required in RCW 90.58.030(a). steeper and more stable than sandy shores. Course ma- (1) Marine beaches. Beaches are relatively level land terial is very permeable which allows attacking waves to areas which are contiguous with the sea and are directly sink into the beach causing the backwash to be reduced affected by the sea even to the point of origination. The correspondingly. On sandy shores a strong backwash most common types of beaches in Washington marine distributes sand more evenly, thus creating a flatter waters arc: slope. (a) Sandy beaches. Waves, wind, tide and geological On rocky shores a zonal pattern in the distribution of material are the principal factors involved in the forma- plants and animals is more evident than on muddy or tion of beaches. The beach material can usually be sandy shores. The upper beach zone is frequently very traced to one of four possible sources: The cliffs behind dry, limiting inhabitants to species which can tolerate a the beach; from the land via rivers; offshore wind; and dry environment. The intertidal zone is a narrow area finally from longshore drifting of material. Longshore- between mean low tide and mean high tide that experi- drifting material must have been derived initially from ences uninterrupted covering and uncovering by tidal (4/15/85) ICh. 173-16 WAC-p 71 Shoreline Management--Master Programs 173-19-061 (3) "Local government" means any county, incorpo- Washington state code reviser and the county auditor or rated city or town which contains within its boundaries city clerk as appropriate. Copies of portions thereof, or any lands or waters subject to this chapter; the complete set, will be provided by the department at (4) "Master program" means the comprehensive use the expense of the party requesting the same. [Statutory plan for a described area, and the use regulations, to- Authority: Chapter 90.58 RCW. 86-12-011 (Order 86- gether with maps, diagrams, charts, or other descriptive 06), § 173-19-050, filed 5/23/86; Order DE 74-23, § material and text, a statement of desired goals and start- 173-19-050, filed 12/30/74.1 dards developed in accordance with the policies enuncia- WAC 173-19-060 Amendment of master programs. ted in RCW 90.58.020; and (5) "State master program" is the cumulative total of The department and each local government shall period- all master programs adopted by the department of ically review any master program under its jurisdiction ecology. and make amendments to the master program deemed In addition, the definitions and concepts set forth in necessary to reflect changing local circumstances, new RCW 90.58.030 shall also apply as used herein. [Statu- information, or improved data. When the amendment is tory Authority: Chapter 90.58 RCW. 86-12-011 (Order consistent with chapter 90.58 RCW and its applicable 86-06), § 173-19-020, filed 5/23/86; Order DE 74-23, regulations, it may be approved by local government and § 173-19-020, filed 12/30/74.1 adopted by the department according to the procedures established in this chapter. [Statutory Authority: Chap- WAC 173-19-030 Master programs organized by ter 90.58 RCW. 86-12-011 (Order 86-06), § 173-19- county. The master programs have been assigned section 060, filed 5/923/86. Statutory Authority: RCW (Order numbers and are listed alphabetically by county. The .030 (3)(c), 20 master programs for incorporated cities and towns are DE 79-34), § 173-19--060, filed 1/30/80; 79-09-001 grouped alphabetically by section following the county (Order DE 79-6), § 173-19-060, filed 8/2/79; Order sections. [Statutory Authority: RCW 90.53.030 (3)(c), DE 74-23, § 173-19-060, filed 12/30/74.1 90.58.120 and 90.58.200. 80-02-123 (Order DE 79-34), § 173-19-030, filed 1/30/80; Order DE 74-23, § 173- WAC 1ts by Approval of master programs and 19-030, filed 12/30/74.1 amendments by local government. Prior to submission of a new or amended master program to the department, WAC 173-19-040 Date of adoption or approval. local government shall: The date of adoption or approval of each master pro- (1) Conduct at least one public hearing to consider gram by the department is set forth beside the name of the proposal; the appropriate local government. [Order DE 74-23, § (2) Publish notice of the hearing a minimum of once 173-19-040, tiled 12/30/74.1 in each of the three weeks immediately preceding the hearing in one or more newspapers of general circulation WAC 173-19-044 Local government change of ju- in the area in which the hearing is to be held. The notice risdiction--Effect of annexation. In the event of annex- shall include: ation of a shoreline area, the local government assuming (a) Reference to the authority under which the action jurisdiction shall amend or develop a master program to is proposed; include the annexed area. Such amendment or develop- (b) A statement or summary of the proposed changes ment shall be in accordance with the procedures estab- to the master program; lished in chapter 173-16 WAC and this chapter and (c) The date, time, and location of the hearing, and shall be submitted to the department. Until a new or the manner in which interested persons may present amended program is adopted by the department, any their views thereon; and ruling on an application for permit in the annexed (d) Reference to the availability of the proposal for shoreline area shall be based upon compliance with the public inspection at the local government office or upon preexisting master program adopted for the area. [Stat- request; utory Authority: Chapter 90.58 RCW. 86-12-011 (Or- (3) Consult with and solicit the comments of any red- der 86-06), § 173-19-044, filed 5/23/86. Statutory eral, state, regional, or local agency, including tribes, Authority: RCW 90.58.030 (3)(c), 90.58.120 and 90- having any special expertise with respect to any environ- .58.200. 79-09-001 (Order DE 79-6), § 173-19-044, mental impact; filed 8/2/79.1 (4) Where amendments are proposed to a county or regional master program which has been adopted by cit- WAC 173-19-050 Incorporation by reference. Due ies or towns, the county shall coordinate with those ju- to the sheer bulk of the master programs adopted by the risdictions and verify concurrence with or denial of the department, they are not included in the text of this proposal. The procedural requirements of this section chapter, but rather are incorporated herein as an appcn- may be consolidated for concurring jurisdictions; dix hereto, having full force and effect as published (5) Solicit comments from the department on the herein. Copies of the appendix are available to the public propo;al; at all reasonable times for inspection_ in the headquarters (6) ,Assure compliance with chapter 43.21C RCW, of the department of ecology in Olympia, with the the S:atc Environmental Policy Act; and 11�22/89) 10. 173-19 WAC—p 31 ( APPENDIX B (pages C-1 through C-3 , Kent Shoreline Master Program) EXISTING POLICIES AND PLANS As part of its master program, the City of Kent must submit policy statements, developed through the citizen involvement process, regarding shoreline development as part of its master program. Naturally, one step in the methodology for developing these policy statements is the identification and analysis of existing policies by public agencies relevant to Kent's shorelines. These existing policies should be reviewed and analyzed as follows: Identify policies which can be incorporated into the Master Program. Identify policies which cannot be incorporated into the Master Program and actually conflict with the intent of the Shoreline Management Act. Identify policies which act as constraints to local planning and policy implementation and which are a result of previous government actions, existing land use patterns, actions of adjacent jurisdictions or other factors not subject to local control or influence. Existing policies relating to the Green River Shorelines have been identified in the following areas: shoreline of state-wide signifi- cance, zoning, open space and parks, drainage and flood control, agriculture, and roads. SIIORELINE OF STATE-WIDE SIGNIFICANCE The Shoreline Management Act has designated the shorelines of the Green River to be of state-wide significance. These shorelines are deemed to be of importance to the entire state and because these shorelines are major resources from which all people in -the state derive benefit, the guidelines and master programs must give preference to uses which favor public and long-range goals. Accordingly, the act established that local master programs shall give preference to uses which meet the principles outlined below in order of preference. Guidelines for ensuring that these prin- ciples are incorporated into the master programs and adhered to in implementing the act follow each principle. (a) Recognize and protect the state-wide interest over local interest. Development guidelines: (i) Solicit comments and opinions from groups and individuals representing state-wide interests by circulating proposed master programs for review and comment by state agencies, adjacent jurisdic- tions' citizen advisory committees, and state- wide interest groups. (ii) Recognize and take into account state agencies ' policies, programs and recommendations in developing use regulations . (iii) Solicit continents, opinions and advice from individ- uals with expertise in ecology, oceanography, geo- logy, limnology, aquacult-ure and other scientific . fields pertinent to shoreline management. 11 (b) Preserve the natural character of the shoreline. Develop- ment guidelines: (i) Designate environments and use regulations to mini- mize man-made intrusions on shorelines. (ii) 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. (iii) Ensure that where commercial timber-cutting is allowed as provided in RCW 90.58.150, reforestation will be possible and accomplished as soon as practicable. (c) Result in long-term over short-tern benefit. Develop- ment guidelines: (i) Prepare master programs on the basis of preserving the shorelines for future generations. For example, actions that would convert resources into irre- versible uses or detrimentally alter natural con- ditions characteristic of shorelines of state- wide significance, should be severely limited. (ii) Evaluate the short-term economic gain or convenience of developments in relationship to long-term and potentially costly impairments to the natural environment. (iii) Actively promote aesthetic considerations when contemplating new development, redevelopment of existing facilities or for the general enhancement of shoreline areas. (d) Protect the resources and ecology of shorelines. Develop- ment guidelines: (i) Leave undeveloped those areas which contain unique or fragile natural resource. (ii) Prevent erosion and sedimentation that would alter the natural function of the rater system. In areas where erosion and sediment control practices will not be effective, excavations or other activities which increase erosion are tc t)e severely limited. (iii) Restrict or prohibit public access onto areas which cannot be maintained in a natural condi- tion under human uses. (e) Increase public access to publicly-owned areas of the shorelines. Development guidel r.es: (i) Increase public access to publicly-owned areas of the shorelines. (ii) Locate development inland from the ordinary high water mark so that access is enhanced. (f) Increase recreational opportunities for the public on the shorelines. Development guidelines: (i) Plan for and encourage development of facilities for recreational use of the shorelines. (ii) Reserve areas for lodging and related facilities on uplands well away from the shorelines with provisions for non-motorized accesss to the shore- lines.- 12 City of Kent - Planning Department ^ N ^ co r IC — U) fcc 4J Tcc iLj A I F� SCALE: 1"= 100' URBAN EI] CONSERVANCY NORTH PROPOSED URBAN SHORELINE ENVIRONMENT DESIGNATION City of Kent - Planning Department D Ie yJ TO .'YO t n I I yr rr � P r r�nsz_8�-�ocv+ns -- --- ro-csrAnc ceN_f�, �GGyr_[xlTXf L]MiYl�L9r+xlL� APPLICATION NAME: Foster Industrial Park NUMBER: #SMP-91 -1 DATE: July 22, 1991 REQUEST: Shoreline Master Program Ammendment LEGEND Application site SITE PLAN Zoning boundary City limits � I j � All r � IQ aw j F CITY OF KENT Application Fee: PLANNING DEPARTMENT Acreage Fee: (206) 859-3390 APPLICATION FOR A SHORELINE Environmental MANAGEMENT SUBSTANTIAL Checklist Fee: DEVELOPMENT PERMIT, CONDITIONAL TOTAL FEE: '�� USE PERMIT OR VARIANCE PERMIT TO THE APPLICANT: This is an application for a substantial development, conditional use, or variance permit as authorized by the Shoreline Management Act of 1971. It is suggested that you check with appropriate local, state, or federal officials to determine whether your project falls within any other permit systems. TO BE FILLED OUT BY PLANNING DEPARTMENT Type of Application: Date Received: Received by: Application No. : (Applicant should not write above this line.) NAME OF APPLICATION: FIRST AMERICAN; INC. GENERAL LOCATION OF PROPOSED PROJECT (GIVE STREET ADDRESS, IF KNOWN, AND LIST SECTION TO THE NEAREST QUARTER SECTION, TOWNSHIP AND RANGE. ALSO NEAREST CROSS STREETS) : LOT 18 FOSTER INDUSTRIAL_PARK, LOCATED ON 74th AVE SOUTH AND SOUTH 259th -STREET KENT WASHINGTON. A PORTION OF THE LEGAL DESCRIPTION OF PROPERTY (Attach if lengthy) : NW 1/4 OF SEC. 25 & SW 1/4 OF SEC. 24 , T 22 N, R 4 E WM CITY OF KENT, KING COUNTY WASHINGTON 2 KING COUNTY TAX ID NUMBER (PARCEL NUMBER) �� a 1� NAME OF APPLICANT: FIRST AMERICAN, INC. MAILING ADDRESS: 40 LAKE BELLEVUE # 100 TELEPHONE: (206) 454-4105 BELLEVUE WA 98005 RELATION OF APPLICANT TO PROPERTY: owner Lessee Purchaser Other X DEVELOPMENT MANAGEMENT CONSULTANT NAME OF OWNER: FRONTAGE FREEWAY ASSOC. TELEPHONE: 454-0522 MAILING ADDRESS: P.O. BOX 1282, BELLEVUE WA 98009 NAME OF WATER AREA AND/OR WETLANDS WITHIN WHICH DEVELOPMENT IS PROPOSED: GREEN RIVER CURRENT USE OF PROPERTY WITH EXISTING IMPROVEMENTS: VACANT, M-2 ZONE PARCEL. ALL OF SITE IMPROVEMENTS (ROAD, SEWER, STORM.SYSTEM, ETC) ARE IN PLACE. PROPOSED USE OF PROPERTY (PLEASE BE SPECIFIC) 28,750 SQUARE FEET OF OFFICE%WAREHOUSE FACILITY (SEE. ATTACHED SITE, PLAN) UiLL,L�;Ii t� FEB 2 5 1991 p�pNM1I1NG OfPAR1MENi !`Kent Planning Departme;,c Shoreline Permit, etc. Application Form Page 3 11. If the development proposes septic tanks, does proposed development comply with local health and state regulations. 4 12. Shoreline designation according to master program. <<ha 13. Show which areas are shoreline and which are shorelines of ;r state-wide significance. (b) VICINITY MAP 1. Indicate site location using natural points of reference (roads, state highways, prominent landmarks, etc.) . 2. If the development involves the removal of any soils by dredging or otherwise, please identify the proposed disposal site on the- map. If the disposal site is beyond the confines of the vicinity map, provide another vicinity map showing the ;i precise location of the disposal site and its distance to the 1'.' nearest city or town. 3. Give a brief narrative description of the general nature of the improvements and land use within one thousand (1,000) feet in all directions from the development site (i.e. residential to the north, commercial to the south, etc.) . I, f1z ST 4ri �� INKG , am the above-named applicant for a Pe it to construe Mrio oreline management (substantial development) (conditional use) ( eI ermit pursuant to the Shoreline Management Act of 1971, and hereby state that the foregoing statements, answers, and information are, in all respects, true and correct to the best of my knowledge and belief. (Signatu e) (Date) c:smaappfr 12/89 KENT PLANNING COMMISSION MINUTES July 22 , 1991 The meeting of the Kent Planning Commission was called to order by Chair Faust at 7 : 00 P.M. , July 22 , 1991, in the Kent City Hall, City Council Chambers. PLANNING COMMISSION MEMBERS PRESENT: Tracy Faust, Chair Linda Martinez, Vice Chair Christopher Grant Edward Heineman, Jr. Raymond Ward PLANNING COMMISSION MEMBERS EXCUSED: Gwen Dahle Albert Haylor PLANNING COMMISSION MEMBERS ABSENT: Greg Greenstreet PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Lauri Anderson, Senior Planner Carol Proud, Senior Planner Janet Shull, Planner Leslie Herbst, Recording Secretary APPROVAL OF JUNE 24 , 1991 PLANNING COMMISSION MINUTES Commissioner Martinez MOVED that the minutes of the June 24 , 1991 meeting be approved as presented. Commissioner Ward SECONDED the motion. Motion carried. FOSTER INDUSTRIAL PARK LOT 18 - SMP-91-1 Carol Proud presented a request to amend the Shoreline Master Program to change an approximate . 38 acre shoreline area that is currently designated as a Conservancy environment to an Urban environment. The applicant would like to develop an accessory parking lot for a.warehouse distribution facility within 100 feet of the ordinary high water mark of the Green River, which is not permitted within a Conservancy designation. He will also have to go to the Hearing Examiner for a Substantial Development Permit and will have to obtain a variance. Kent Planning Commission July 22, 1991 Ms. Proud pointed out that the amendment meets all State regulations and the provisions of the Kent Shoreline Master Program. Also, as a result of the subdivision approval, the applicant has developed and dedicated a public park and in conjunction with the Shoreline Substantial Development Permit approval, he must also provide additional public amenities. Upon review of the application and the applicable criteria, the staff recommended approval of the change in shoreline designation. Commissioner Heineman wondered about the possibility of setting a precedent and would not like to open the door for allowing encroachment of this kind on any piece of triangular property that could not be otherwise developed. Ms. Proud said that staff looked at that possibility and felt that in conjunction with the existing parks that were dedicated with the Foster plat, this would be a natural continuation. The additional public amenities that will be provided, combined with the completed Green River Trail Corridor, will provide a greatly enhanced recreation area that will benefit the public for years to come. Skip Fresn, 40 Lake Bellevue, Suite 100, Bellevue, WA, representing First American, Inc. , stated that Lot 18 was platted in 1985, which was prior to the establishment of the Shoreline Management Act. As part of the development of the property, Foster Industrial Park dedicated six acres of the total development into a park. Numerous revisions have been made in response to the Planning Department' s concerns of maintaining the natural environment. Drainage will be controlled so it goes into a retention pond. In working with their wetlands biologist, they intend to create a very strong natural environment. Commissioner Martinez MOVED to close the public hearing. Commissioner Ward SECONDED the motion. Motion carried. Commissioner Martinez MOVED that the Planning Commission grant approval of Foster Industrial Park, Lot 18 . Commissioner Ward SECONDED the motion. Motion carried. MULTIFAMILY DESIGN REVIEW - ZCA-90-5 Janet Shull stated, for the record, that the contents of the Multifamily Design Review report prepared by the Kent Planning Department in July, 1991 were being discussed. A draft report was discussed at the Planning Commission Workshop on July 8 . The primary changes to that report were some additions in the Background section where options were discussed. The three options looked at were: 2 CONSENT CALENDAR 3 . City Council Action: 0 Councilmember I moves, Councilmember seconds that Consent Calendar Items A through O bey,approved . . (Y Discussion Action 3AJ Approval of Minutes. r �Jv Approval of the minutes of the regular Council meeting of August 20, 1991. 3B./ Approval of Bills. Approval of payment of the bills received through August 30, 1991 after auditing by the Operations Committee at its meeting rl at 4 : 45 p.m. on September 10, 1991. Approval of checks issued for vouchers: i Date Check Numbers Amount Approval of checks issued for payroll : Date Check Numbers Amount Council Agenda Item No. 3 V-B Kent, Washington August 20, 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 and White, Assistant City Administra- tor Hansen, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Information Services Director Spang, Personnel Director Olson and Police Chief Crawford. Councilmember Woods was excused from this meeting. City Adminis- trator Chow, Finance Director McCarthy, Fire Chief Angelo and Parks Director Wilson were not in attendance. Approximately 150 people were at the meeting. CONSENT WHITE MOVED that Consent Calendar Items A through CALENDAR P be approved, with the exception of Item 3C which was removed by Councilmember White and Item 3F which was removed at the request of Bill Doolittle. Houser seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of August 6, 1991. HEALTH & (CONSENT CALENDAR - ITEM 3L) SANITATION Rosemary Glen II. ACCEPTANCE of the bill of sale submitted by Novastar Enterprises for continuous operation and maintenance of approximately 238 feet of water main extension and 752 . 6 feet of sanitary sewer extension constructed in the vicin- ity of 96th Place South and South 228th Street for the Rosemary Glen II development and release of cash bond after expiration of the one year mainte- nance period. STREETS (CONSENT CALENDAR - ITEM 3K) L I D 327 - West Valley Highway Improvements. ACCEPT as complete the contract with Merlino Con- struction for construction of LID 327 - West Valley Highway Improvements and release of retain- age after receipt of the state releases. TRAFFIC (BIDS - ITEM 5A) CONTROL Canyon Drive Left Turn Lanes and Guardrail Reha- bilitation. Bid opening was held on August 19 with two bids received. Public Works Director Wickstrom noted that both bids were over the bud- get and asked for time to review them., The Mayor ordered that this item be held over to the next Council meeting. 1 August 20 , 1991 TRAFFIC (CONSENT CALENDAR - ITEM 3M) CONTROL Reith Road Guardrail. AUTHORIZATION to transfer $10, 000 from the Frager Road Guardrail Project to the Reith Road Guardrail Project for construction of an additional section of guardrail on Reith Road in the vicinity of 45th Place, as recommended by the Public Works Committee and approved by IBC. ALLEY (CONSENT CALENDAR - ITEM 3D) VACATION Senior Housing Alley Vacation. ADOPTION of Ordinance 2991 vacating an unopened alley lying between Smith Street and Harrison Street and Fourth and Fifth Avenue without compensation to the City from the abutting property owners. WATER (CONSENT CALENDAR - ITEM 3J) Kent Springs Transmission Main. ACCEPT as com- plete the contract with Robison Construction for the Kent Springs Transmission Main project and release of retainage after receiving the state releases. REZONE (CONSENT CALENDAR - ITEM 3E) Bishop Rezone. ADOPTION of Ordinance 2992 relat- ing to land use and zoning, amending the official zoning map of the City of Kent, rezoning certain property in Lot 1 of Shinns Valley Home Addition from GWC (Gateway Commercial) to M3 (general in- dustrial) and accepting a property use and devel- opment agreement in connection therewith. SHORELINE (CONSENT CALENDAR - ITEM 3G) MASTER Foster Industrial Park. AUTHORIZATION to set PROGRAM - September 3 , 1991 as the date for a public hearing AMENDMENT on a request to amend the Kent Shoreline Master Program Shoreline Environment from an existing conservancy designation to an urban environment. MOBILE (CONSENT CALENDAR - ITEM 3C) HOME PARK REMOVED BY COUNCILMEMBER WHITE CODE Mobile Home Park Code. ADOPTION of Ordinance 2990 AMENDMENT amending the Mobile Home Park Code to add a new section on nonconforming mobile home parks, and additional revisions for the purpose of consis- tency with adopted city code and policies, and other minor text revisions to correct numbering errors. 2 August 20, 1991 MOBILE Upon White ' s question, Harris noted the Planning HOME PARK staff has not yet met with mobile home park CODE owners, and suggested delaying this matter until a AMENDMENT meeting has taken place. Orr stated it was her understanding that, because of time constraints, the ordinance was to be prepared for adoption at this meeting and that after meetings with the owners were held, amendments could be made to the ordinance. Johnson and Lubovich concurred. JOHNSON MOVED to adopt Item 3C. Orr seconded. Johnson pointed out that the action taken at the last Council meeting was to accept the revisions to the Mobile Home Park Code and direct the City Attorney to prepare the necessary ordinance, with the understanding that people who have concerns about certain provisions of the proposed ordinance meet with the Planning Department and work them out and that staff bring revising language back to Council . White noted that this has not occurred. Orr pointed out that Council had not asked that the revising language be brought back to tonight' s meeting. It was determined for White that a meeting on this matter will be held on August 28th at 7: 00 p.m. in the Council Chambers . Lubovich pointed out for Doolittle that this does not meet the qualifications necessary for an emergency ordinance. The motion then carried. FINAL PLAT (OTHER BUSINESS - ITEM 4A) Walnut Grove Final Plat No. SU-90-2 . This meeting will consider the final plat map for Walnut Grove Plat SU-90-2 . The property is approximately 6 . 1 acres in size and is located east of 94th Avenue South, west of 96th Avenue South, south of South 241st Street, and north of South 243rd Street. All conditions of the preliminary plat have been met. Claudia Otey voiced concern about speeding cars in the vicinity and also requested that the graveled walkways be made more level to encourage children to stay on the walkway instead of walking on the road. Wickstrom agreed to look at Ms. Otey' s con- cerns. 3 August 20, 1991 FINAL PLAT WHITE MOVED to approve the staff' s recommended approval for Walnut Grove Final Plat SU-90-2 and that staff look into and address Ms. Otey' s con- cerns. Dowell seconded and the motion carried. HISTORICAL (OTHER BUSINESS - ITEM 4C) PRESERVATION Notification Actions to Historical Significant Sites. This meeting will consider the Council Planning Committee 's recommendation of approval of the Historic Properties resolution. The Planning Committee endorsed this resolution at its August 6 meeting. The resolution will enable staff to review the potential demolition of structures that are already listed on the City' s historic site in- ventory. JOHNSON MOVED for the adoption of Historical Prop- erties Resolution No. 1291 . Houser seconded and the motion carried. SOOS CREEK (OTHER BUSINESS - ITEM 4B) PLAN Soos Creek Resolution. A proposed resolution has been reviewed by the Council ' s Planning and Public Works Committees and by the Planning Commission. The two committees and the Planning Commission recommend different levels of service for roads and arterials. The Commission recommends level of service "D" while the two Council committees rec- ommend level of service "E" . Traffic Engineer Ed White explained that Level of Service "D" is characterized by very slow speeds and bumper to bumper traffic, and that Level of Service "E" is near what is commonly called a parking-lot situation. He said that Level of Ser- vice "E" is the minimum tolerable by drivers and that Level "F" is unacceptable to most drivers. He noted for Jim White that he would recommend Level of Service "E" since "D" would be an imprac- tical goal to achieve . The Mayor clarified that by adopting this resolution with the Level of Ser- vice "E" , the City is telling the County not to allow development on major east/west arterials until after Level of Service "E" has been achieved. 4 August 20, 1991 SOOS CREEK JOHNSON MOVED to approve the Soos Creek Resolution PLAN No. 1290 with the Level of Service "E" . White seconded and the motion carried. PUGET SOUND (OTHER BUSINESS - ITEM 4G) REGIONAL ADDED ITEM PLANNING Puget Sound Regional Council. Johnson distributed COUNCIL a resolution reaffirming Council 's support for dissolving the existing Puget Sound Council of Governments and . forming a new regional government, the Puget Sound Regional Council . He noted that the purpose is to establish a new metropolitan planning organization which will handle transpor- tation funding for a four-county region and the cities within those counties. He noted that several months ago the City supported dissolving the PSCOG and creating a new organization. He noted that there had been problems with some of the language and that a committee was formed to handle the reorganization of PSCOG with new lan- guage contained in this resolution. He noted that Suburban Cities, Federal Way, Auburn, Renton and other cities support the new language. He pointed out that 75% participation by cities and counties is required to dissolve the old organization and create the new one. JOHNSON MOVED for the adoption of Resolution 1293 . Houser seconded. Johnson pointed out for White that the changes in language are minor and that this must be reviewed by the Governor' s Office and the Department of Transportation soon. He ex- plained that in order to continue to receive fund- ing from the Federal Highway Administration, a new organization must take over by October 1st. The motion then carried. Johnson pointed out that by this action, the 75% required for adoption has been met. JUST CAUSE (PUBLIC HEARINGS - ITEM 2A) EVICTION Just Cause Eviction Ordinance. This date has been set for a public hearing on an ordinance relating to landlord-tenant law, requiring that a landlord provide notice of just cause to evict a tenant, providing an affirmative defense in a subsequent unlawful detainer action, for tenants not given such notice; providing enforcement mechanisms and penalties for violation. 5 August 20, 1991 JUST CAUSE Carol Morris of the Legal Department gave a brief EVICTION synopsis of the proposed ordinance and noted that there is nothing which would pre-empt the City from enacting any legislation on this subject. She pointed out that the City of Seattle has a just cause ordinance and that there has been very little enforcement required. She noted that the ordinance proposed for Kent is different than Seattle's, but that she expects that even less enforcement would be required in Kent. Upon Dowell ' s question, Morris noted that if a tenant objects to a rent increase, a Judge or Court Commissioner would determine whether the increase was necessary. She pointed out that the ordinance only requires that a reason for eviction be given, that proof is not required. She added that the only way the City Attorney' s Office would be involved is if the landlord or owner did not provide a copy of the ordinance with the written notice terminating the tenancy. She explained for White that there would be very little expense involved with enforcement. She noted that there had been only two such cases in the City of Seattle in the first six months of this year. The Mayor declared the public hearing open. James Fearn noted that he had drafted and enforced Seattle' s just cause ordinance, and that not a single residential just cause eviction action went to court in the previous 11 years. Mark McKay, representing the Kent Chamber of Commerce, spoke in opposition to the ordinance and suggested allowing property managers, owners and tenants to develop an alternative to the enforcement mecha- nisms and penalties. David Girard, attorney for Evergreen Legal Services, noted that this ordi- nance would protect good tenants. He noted that the expenses involved in moving are difficult for low and moderate income people to come up with on short notice. Joe Puckett stated that the State Landlord-Tenant Act provides a balance between the rights of landlords and tenants. He opined that various cities should not have separate ordi- nances. He also noted that the proposed ordinance would make it more difficult and more expensive for landlords to conduct evictions. Richard Dunn, Director of Community Living, stated that develop- 6 August 20, 1991 JUST CAUSE mentally disabled people are subject to subtle EVICTION discrimination and do not have the financial resources to move in 20 days. He stated that he feels a reason should be given for someone to lose their home, and added that just cause should be defined so that people are protected from poten- tially arbitrary and unjust evictions. Mike Spence, representing Seattle-King County Associa- tion of Realtors, Puget Sound Multiple Listing Association and the Commercial Investment Brokers Association, spoke in opposition to the ordinance because it would affect the affordability of housing. He pointed out that the cost of attor- neys, notices, etc. would result in an increase in rents. The following people spoke in favor of the pro- posed ordinance, stating that there should be a reason given for evictions and that the cost of moving is very high: Sharon Atkin (South King County Multi-Service Center and King County Coa- lition for the Homeless) , Mary Kay Smithmeyer, Rod Trueblood Sharon Trueblood, Linda Howe, Jami Sullivan Garry Jackson, Carol McClintock, Lynn Wallace . Linda Bennett (Church Council of Greater Seattle Task Force on Housing and Homelessness) , Robert Nelson Marvin Eckfeldt James Romine Gerald Hesseltine , Pauline Caldwell , Richard Gamble (Executive Director, Tenants Union) and Mrs. Cooper. Karen Donovon, Sheri Foster, and Lynn Lewark were opposed to the ordinance, noting that not all tenants follow the rules, including eviction notices. They spoke of drug sales, loud parties and physical threats to other tenants . The following people spoke against the ordinance, noting that good tenants are not evicted, that the cost to landlords to repair, advertise and show their units is high, and that a State law already exists on this matter: Suzanne Reeder, Jakk Roberson, Dawn Dube, Zoe Ann Matthews, Bill Robbins , Loie Walman (Northwest Legal Foundation) , Willis Cole, Kirby Kilmurray, Ralph Armstrong, and Paul Morford. Rick Marino, Manager of Kings Place Apartments, agreed that people are not unjustly evicted because it is an extremely competitive 7 August 20, 1991 JUST CAUSE market and landlords want to keep good tenants. EVICTION He submitted petitions with 145 signatures op- posing the just cause ordinance. Caroline Patterson displayed photos of damage done to apartments by tenants. Joe Martin, Boardmember of the Seattle Tenants Union, spoke in favor of the ordinance, noting that it would protect low in- come, elderly and disabled tenants from unjust evictions, and would prevent further homelessness. Peggy Ganson, President of the Apartment Associa- tion of Seattle and King County, and Treasurer for the Washington State Apartment Association, stated that this ordinance will cause trouble between tenants and landlords, and will cost the City money. Jim Flick spoke in opposition to the ordi- nance, citing the expense of going to court, and suggested having the Mayor appoint a Just Cause Commission. Glen Ruth noted that there should be responsibility on the part of both the landlord and the tenant. He said that a landlord should be able to evict a bad tenant quickly, but that a tenant who feels unjustly evicted should have a place to go to air his grievance and get a fair decision. Paul Tollnar said his job as a property manager is to provide the highest quality of life possible for his tenants, and that includes removing bad tenants promptly. Floyd Brown stated that the ordinance as written would be unconstitu- tional. Mary Tunasvik favored appointing a com- mittee rather than passing the ordinance. Holly Diamond questioned why the ordinance specifies three 10-day periods rather than just one, noting that she gives only one 10-day notice. There were no further comments from the audience and WHITE MOVED to accept all documents and ex- hibits as part of the record. Orr seconded and the motion carried. JOHNSON THEN MOVED to close the public hearing. White seconded and the motion carried. Councilmember Mann stated that his purpose in pro- posing this policy is to provide Kent citizens residing in apartments a reasonable level of pro- tection from unfair evictions. He noted that he supports the rights of apartment owners to deal 8 August 20, 1991 JUST CAUSE with problems that affect their neighborhood, but EVICTION that retaliatory evictions should not be allowed. HE MOVED to adopt Ordinance 2989 . Orr seconded. Dowell pointed out that the ordinance contains a section which exempts agencies who house homeless people, and that it contains contradictions. Orr clarified that the exemption was sought for pro- grams that assist homeless families, people in transition and people in drug rehabilitation pro- grams so that there would be a way to remove people from the program if they did not comply with the rules and regulations. Carol Morris noted that the shelters do not have written rental agreements and that in some cases people can stay in homeless shelters for only three days. Johnson stated that a landlord should be required to give a reason for eviction but that the Council should not be required to determine whether that reason is just. white noted that since so few cases have gone to court in the City of Seattle, their just cause ordinance is not really neces- sary. He stated that there will be expenses asso- ciated with enforcing the ordinance, and that the City does not need an added financial burden at this time. Houser noted that she would prefer to have a commission consisting of landlords and tenants working together on this. The motion to adopt Ordinance 2989 failed with only Mann and Orr in favor. JOHNSON MOVED that the Mayor appoint a committee of tenants, landlords, property managers and others to study the issue and make a recommenda- tion to the Council within 90 days. Houser sec- onded. Dowell spoke in opposition to having a commission. Johnson responded that the issue must be addressed. White stated that he cannot support revisiting this issue. Dowell offered a friendly amendment to Johnson' s motion: that there be an equal number of members from each side on the com- mission, that they make their recommendations within 30 days, and that if there is not a major- ity the issue be considered a dead issue. Johnson accepted the equal number of members, but felt that 30 days is too soon. The motion to amend died for lack of a second. Houser noted that the 9 August 20, 1991 JUST CAUSE purpose of the commission is for the landlords and EVICTION tenants to get together and work out some of these problems. Mann spoke in favor of Johnson' s motion. Dowell offered to amend Johnson' s motion to 45 days instead of 90 days with an equal number of tenants and landlords on the commission and that the issue be dead if they were unable to come to a decision. Mayor Kelleher suggested two land- lords and two tenants be on the commission. Johnson and Houser agreed with the terms. The Mayor clarified for a lady in the audiences that the purpose of the commission is to see if there is another ordinance that could be agreed on, but that unless there were three people out of the four that were in favor in 45 days, the issue would expire and not come back to the Council. Paul Morford, 21264-132nd Avenue SE, opined that a commission is not necessary. He suggested that landlords and tenants lobby at the State level, since there is already a State Landlord-Tenant Law. Jim Flick suggested appointing a commission to arbitrate landlord-tenant issues and render a binding decision. A man from the audience sug- gested that the two opposing parties meet with Council to work problems out. Upon a roll call vote, Dowell , Houser and White were opposed to the motion as amended. Johnson, Mann and Orr were in favor. Since there was not a majority vote, the motion was defeated. REGIONAL (OTHER BUSINESS - ITEM 4E) JUSTICE Regional Justice Center - Resolution. The King CENTER County Council has determined that there is a need to establish new regional justice center facili- ties and has begun consideration for the develop- ment of sites, including proposed sites in the City of Kent. A resolution has been prepared giving qualified endorsement to proposed sites in Kent submitted by private owners for consideration for selection of a regional justice center. Lynda Anderson noted that the City of Kent does not have any City-owned properties which are ap- propriate, but that three other sites in Kent have emerged which are consistent with the City ' s vision for revitalizing the downtown area. She 10 August 20, 1991 REGIONAL added that other sites have been offered by pri- JUSTICE vate developers which are not part of this propos- CENTER al. She clarified that sites can be submitted directly to the County or under the umbrella of the City's proposal. She stated that one site is not endorsed over the others in the proposal. Anderson noted that the City reserves the right to negotiate and that the County is expected to follow all appropriate regulations under SEPA. The Mayor explained that because of the reserva- tion of the right to negotiate, the Council can act positively with this qualified endorsement and then either follow through or withdraw it at a later date. MANN MOVED for adoption of Resolution 1292 giving qualified endorsement to certain sites for selec- tion of a regional justice center. White second- ed and the motion carried. CABLE TV (CONSENT CALENDAR - ITEM 3I) Closed Circuit TV System. ACCEPT as complete the contract with Reliable Security Services for in- stallation of a television security system at the City Shops. MANAGEMENT (OTHER BUSINESS - ITEM 4D) STUDY Code Amendments Regarding City Clerk and Other City Departments. In response to the Warner Group ' s Management Study, City Administration proposes implementing a transfer of the City Clerk' s Office from the Finance Department to the "Office of the City Clerk" reporting to Adminis- tration. The City Clerk' s Office is currently categorized as a subordinate department to the Director of Finance and Personnel . The City has separate directors and departments for Personnel and Finance. Additionally, Elec- tronic Data Processing (now Information Services) is also structured as a subordinate department reporting to the Director. of Finance and Per- sonnel . In implementing the transfer of the City Clerk to an Office of the City Clerk reporting to Administration, an ordinance was drafted estab- lishing separate departments for Finance, Person- nel (which is renamed Human Resources Department 11 August 20, 1991 MANAGEMENT pursuant to the Warner Group Study recommenda- STUDY tions) , Information Services, and the Office of the City Clerk to reflect the existing structure as well as the changes proposed with regard to the City Clerk' s office. Lubovich noted that when preparing the ordinance removing the City Clerk' s Office from the Finance Department, he also implemented structure changes which will be required for recodification of the City Code. He explained that the reason the other departments were addressed is that the present or- dinance provides that all of those departments are under the Finance Director. The Mayor clarified that even though the Office of the City Clerk will report to Administration, it will be a separate office and not a part of Administration. HOUSER MOVED for adoption of Ordinance 2993 re- structuring the departments of Finance, Human Resources, Information Services, and the Office of the City Clerk. Orr seconded and the motion carried. ECONOMIC (OTHER BUSINESS - ITEM 4F) DEVELOPMENT Economic Development Corporation (EDC) . The City CORPORATION Attorney' s Office recently received a letter from Preston Thorgrimson, bond counsel , along with an Attorney General ' s Opinion regarding the EDC' s appointment of directors. The Opinion states that the City Council should not be in a position of appointing its own members to serve on the Board, but that Councilmembers may serve "ex-officio" on the EDC as long as some mechanism for replacement . of the Board is utilized rather than discretionary appointments by the Council . An acceptable mechanism suggested in the Attorney General ' s Opinion was that the "most senior members" of the Council be members of the Board. The proposed ordinance and amended charter for the EDC incor- porates this mechanism for appointment of Councilmember directors. The Operations Committee has reviewed and approved the proposed ordinance with a modification that the Mayor appoint non-Councilmember directors 12 August 20, 1991 ECONOMIC subject to Council confirmation rather than having DEVELOPMENT the Council make the appointments. This suggested CORPORATION modification has been incorporated into the pro- posed ordinance. Lubovich noted that currently there are three Councilmembers on the EDC Board and two non- Council members. He noted that he amended the proposed ordinance to call for two or more non- Councilmembers, in order to be consistent with the charter. He added that this has been before the EDC Board as well as the Operations Committee. HOUSER MOVED for the adoption of Ordinance 2994 amending the appointment procedures of directors of the EDC and amending the EDC charter to incor- porate said amendments, and including the amend- ments made by the City Attorney' s office. White seconded and the motion carried. HUMAN (OTHER BUSINESS - ITEM 4H) SERVICES ADDED ITEM Sunset Motel Proposal. Elgin Jones, 25006 Pacific Highway South, read a proposal offering the Sunset Motel facilities to the City for the homeless winter program, and requested a meeting with City officials to discuss the matter. Assistant City Administrator Hansen will schedule a meeting with Mr. Jones. CITY (CONSENT CALENDAR - ITEM 3P) COUNCIL City Council Absence. APPROVAL of a request by Council President Judy Woods for excused absences from the August 20th and September 3rd City Council meetings. APPOINTMENT (CONSENT CALENDAR - ITEM 3N) Board of Adjustment Appointment CONFIRMATION of the Mayor' s appointment of Berne Biteman to the Kent Board of Adjustment. Mr. Biteman ' s term will begin immediately and will continue through Febru- ary, 1992 . POLICE (CONSENT CALENDAR - ITEM 30) Drinking Driver Task Force Grant. AUTHORIZATION to accept the Washington Traffic Safety Commission Grant of $45, 153 for the period July 1, 1991 to June 30, 1992 , and authorization to amend the 1991 13 August 20, 1991 POLICE Budget by adding of the grant amount of $22 ,576 . This amount will be a reimbursement for General Fund salaries. The balance of $22 , 577 will be in- cluded in the 1992 Budget. PARKS & (CONSENT CALENDAR - ITEM 3F) RECREATION (REMOVED AT THE REQUEST OF BILL DOOLITTLE) Cultural Planning/Cultural Center Feasibility Study. ACCEPTANCE of the Cultural Planning/Cul- tural Center Feasibility Study as presented by the Performing Arts Center Task Force to the City Council at their workshop of July 16. Upon a question from Bill Doolittle, Patrice Thorell of the Parks Department explained that credits to the Parks & Recreation Department and their associated personnel previously listed on the front of the study had been deleted at staff request. Doolittle pointed out that the study covers a large area stretching west to the Puget Sound, north to Burien and Renton, east to the Soos Creek Plateau, and south to the Pierce County line, and that 400 people in the area were interviewed. He expressed interest in how many of those inter- viewed were from Kent and asked for complete sum- mary of the market research results, which Thorell agreed to provide. JOHNSON THEN MOVED to adopt Item 3F. Orr seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through August 15, 1991 after au- diting by the Operations Committee at its meeting at 4 : 45 p.m. on August 27 , 1991. Approval of checks issued for vouchers: Date Check Numbers Amount 8/1-8/15/91 108156-108763 $2 , 559, 405. 54 14 August 20, 1991 FINANCE Approval of checks issued for payroll : Date Check Numbers Amount 8/20/91 01159464-01160252 $ 659, 352 . 52 (CONSENT CALENDAR - ITEM 3H) Domestic Abuse Women's Network (DAWN) Shelter Funding. AUTHORIZATION to change the action taken by the City Council on June 4 , 1991, where approv- al was granted to fund DAWN' s confidential shelter with a minimum of $10, 000. The June 4 action stated the shelter would be in Kent. New informa- tion has led the Council ' s Planning Committee to recommend removal of the stipulation that the shelter be in Kent. The new recommendation is that a minimum of $10, 000 be allocated to the Domestic Abuse Women' s Network (DAWN) to provide for the development of a confidential shelter in South King County. REPORTS Planning Committee. Johnson noted that under the Growth Management Act, the County is required to meet with a representative from each city within the county and that this meeting will be held on September 5th at 7 : 00 p.m. at the Wyndham Garden Hotel, 18118 Pacific Highway South. He asked that one of the Councilmembers attend the meeting. Parks Committee_ Dowell noted that the Parks Committee will meet at 3 : 30 p.m. on August 27th. ADJOURNMENT The meeting was adjourned at 11: 10 p.m. Brenda Jacober, MC Deputy City Clem 15 M J LLJS Kent City Council Meeting Date September 3 , 1991 I Lul Category Consent Calendar ( 1. SUBJECT: MULTI-FAMILY DESIGN REVIEW (ZCA-90-5) 4 2 . SUMMARY STATEMENT: Authorization to set September 17, 1991 as the date for a public hearing to consider the multi-family design review.) as recommended by the Planning Commission. 3 . EXHIBITS• 4 . RECOMMENDED BY: Planninq Commission (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: N0�_ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION ACTION: Council Agenda Item No. 3C,X n 4 Kent City Council Meeting rIY Date September 3 1991 Category Consent Calendar u 1. SUBJECT: KENT 57 NO. CE-91-3 2 . SUMMARY STATEMENT: Authorization to set September 17, 1991 for a public hearing to consider an appeal by the Casey Group Architects on the Kent 57 No. CE-91-3 on a denial by the Hearing Examiner on an application for a conditional use permit to construct the 57 unit apartment complex. A public hearing on the application for this conditional use permit was held on April 3 , 1991 by the Hearing Examiner. 3 . EXHIBITS: 4 . RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3DX Kent City Council Meeting Date September 3 , 1991 „f Category Consent Calendar 1. SUBJECT: PROPOSED USE HEARING ON THE 1992 BUDGET 2 . SUMMARY STATEMENT: Authorization to set September 17 for a proposed use public hearing on the 1992 Budget. In addition, Council is scheduled to hold a workshop at 6: 00 p.m. prior to the Council meeting to discuss a preliminary budget balancing scenario based on input received at the August 8 Council work session. 3 . EXHIBITS: Calendar 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO�_ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION' ACTION• Council Agenda Item No. 3E CITY OF KENT 1992 COUNCIL BUDGET CALENDAR COUNCIL RETREAT SESSION 2/28 Current Financial Status and Outlook COUNCIL REGULAR 4/2 Review 1992 Budget & CIP Calendar/Process Preliminary 1992 and beyond Financial Forecast COUNCIL WORKSHOP 5/7 1st Quarter Financial Report Update 1992 Budget Process COUNCIL COMMITTEES 6/4 - 7/16 Review Departmental programs, goals and 1992 Budget Objectives DEPARTMENTS MEET WITH ADMINISTRATION (Council invited) 7/15 - 7/30 Review 1992 budget request COUNCIL REGULAR 7/16 Public Hearing on 1992-1997 CIP Proposed Public Use Hearing on 1992 Budget priorities COUNCIL REGULAR Adopt 1992-1997 CIP COUNCIL WORK SESSION (8:00 A.M. - 3:00 P.M. ) 8/8 2nd Quarter Financial Report Updated Financial Forecast Departmental Presentations of 1992 Budget Cuts Council Prioritizes 1992 Budget Cuts COUNCIL WORKSHOP AND MEETING SJZD Results of Council Prioritization of Budget Cuts Proposed Public Use Hearing on Budget Receive Council Balancing Instructions IZ COUNCIL WORKSHOP 9/17 Budget update on implementing 1992 Budget Objectives COUNCIL WORKSHOP 10/15 Review 3rd Quarter Financial Report Overview of 1992 Preliminary Budget COUNCIL WORKSHOPS 10/15 - 11/12 Review 1992 Preliminary Budget COUNCIL REGULAR 11/5 Public Hearing on 1992 Budget COUNCIL REGULAR 11/19 Adoption of Budget and Tax Levy Ordinance COUNCIL REGULAR 12/3 Adoption of the Final Adjustments for 1991 Kent City Council Meeting --� t Date September 3 , 1991 Category Consent Calendar 1. SUBJECT: 1991 WASHINGTON STATE ENERGY CODE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. related to the 1991 Washington State Energy Code. This code regulates the heat loss in all new construction. This ordinance will repeal Ordinance 2308 and adopt as written the 1991 Washington State Energy Code as filed in Chapter 51-11 of the Washington Administrative Code. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Public Safety Committee Chief Angelo, Assistant Chief Berg Bob Hutchinson Building Official (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL 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. 3F ORDINANCE NO. Ii I AN ORDINANCE of the City of Kent, Washington, adopting the 1991 Washington State Energy Code and repealing the prior Energy Code, Ordinance 2308 . THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: I Section 1 . This ordinance adopts the 1991 Washington State Energy Code, as written by the Washington State Building i Code Council and filed as Chapter 51-11 Washington Administrative I Code. Section 2 . Ordinance No. 2308 , (Chapter 14 . 20 of the I Kent City Code) entitled: i AN ORDINANCE of the City of Kent, Washington, adopting that certain code known as the State Energy Code, together with certain additions thereto and providing penalties for violations, I ' I j is hereby repealed. j Section 3 . Severability. If any section or provision in this ordinance or the Energy Code or its application to any person ) or circumstance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. i I i i I I Section 4 . Effective Date. This Ordinance shall take effect and be in force five (5) days after its passage, approval and publication. DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, DEPUTY CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of , 1991. APPROVED the day of , 1991. PUBLISHED the day of , 1991. I hereby certify that this is a true copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, DEPUTY CITY CLE: f 9620-340 2 - Kent City Council Meeting Date September 3 1991 "( Category Consent Calendar 1. SUBJECT: 1991 WASHINGTON STATE VENTILATION AND INDOOR AIR QUALITY CODE 2 . SUMMARY STATEMENT: Adoption of Ordinance No. related to the 1991 Washington State Ventilation and Indoor Air Quality Code. These codes regulate the ventilation and air quality in all new construction. This ordinance will adopt as written the 1991 Washington State Ventilation and Indoor Air Quality Code as filed in Chapter 51-13 of the Washington Administrative Code. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Public Safety Committee Chief Angelo, Assistant Chief Berg Bob Hutchinson Building Official (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Age a Item No. 3G I l i i ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, adopting the Washington State Ventilation and Indoor Air Quality Code. i THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES , HEREBY ORDAIN AS FOLLOWS: Section 1. This Ordinance adopts the Washington State Ventilation and Indoor Air Quality Code, as written by the Washington State Building Code Council and filed as Chapter 51-13 Washington Administrative Code. Section 2 . Severability. If any section or provision of ', this Ordinance or the Ventilation and Indoor Air Quality Code or its application to any person or circumstance is declared junconstitutional or invalid for any reason, such decision shall Inot affect the validity of the remaining portions of the Ordinance.!I jli I "i Section 3 . Effective Date. This Ordinance shall ; take effect and be in force five (5) days after its passage, lapproval and publication. I I DAN KELLEHER, MAYOR i i I i it f I I ATTEST: BRENDA JACOBER DEPUTY CITY CL ERK j I APPROVED AS TO FORM: I, i I I IIROGER A. LUBOVICH, CITY ATTORNEY Illi I j IIPASSED the day of , 1991• APPROVED the day of , 1991• I j !! PUBLISHED the day of , 1991. II 11 I i j I hereby certify that this is a true copy of Ordinance ; IjNo. passed by the City Council of the City of Kent, , Washington, and approved by the Mayor of the City of Kent as hereon indicated. I � I ! (SEAL), BRENDA JACOBER, DEPUTY CITY CLERK I 1 i i ! i 9630-340 - 2 - (' + Kent City Council Meeting Date September 3 . 1991 4V Category Consent Calendar , 1. SUBJECT: UNFAIR HOUSING PRACTICES 2 . SUMMARY STATEMENT: Adoption of Ordinance No. repealing Ordinance 1932 , relating to unfair housing practices Repeal5 (0- Um. outdated ordinance on a subject adequately covered by Mate law, containing enforcement provisions which require Ostate, not laity implementation. 3 . EXHIBITS: Proposed ordinance and memorandum from City Attorney's Office 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3HO( M E M O R A N D U M TO: Public Safety Committee FROM: Carol Morris, Assistant City Attorney DATE: July 26, 1991 RE: Unfair Housing Practices As a result of the Kent City Code revision process, the City Attorney' s Office is presently engaged in a review of our existing ordinances. There is a chapter in the Code entitled "Unfair Housing Practices (Ch. 9 . 10) , which prohibits discrimination in housing. Enforcement of the chapter is through the State Human Rights Commission, so neither the Kent City Attorney' s office or any other office within the City is authorized to take complaints or to otherwise enforce this law. The chapter was enacted in 1975 and has become outdated in its description of the classes of persons protected from discrimination. (Compare language in Section 9 . 10. 04 regarding discrimination against "all persons, regardless of sex, race, color, religion, ancestry or national origin, . " with the language of the statute on discrimination, Chapter 49 . 60, (Section 49 . 60. 010) prohibiting "discrimination against any of [the state ' s] inhabitants because of race, creed, color, national origin, sex, marital status, age, or the presence of any sensory, mental or . physical handicap, . . . ") Even if we chose to update this law, we may not be authorized by state law to adopt an administrative enforcement procedure of our own. (See, RCW 49 . 60. 330, which provides that "any cit classified as a first class city under RCW 35 01 010 may enact ordinances consistent with this chapter to provide administrative remedies for any form of discrimination proscribed by this chapter: . . . " (emphasis added) . ) However, this would not prevent us from adopting penalties and requiring enforcement of violations in court. Given the above, it is my opinion that repeal of an outdated ordinance on a subject currently governed by state law containing redundant provisions on enforcement would have absolutely no effect on any Kent resident. Our alternatives are: 1) revise the ordinance to update it in a manner consistent with the statute, providing for enforcement by a particular City department and then the City Attorney ' s Office through the court system; or 2) repeal the ordinance. I recommend that the Committee consider approval of the attached ordinance repealing Ordinance 1932 (Chapter 9 . 10 of the Kent city Code) . I I ORDINANCE NO. I _ AN ORDINANCE of the City of Kent, Washington, repealing Ordinance 1932 , which relates to unfair housing practices. I WHEREAS, Ordinance 1932 defines and prohibits unfair i housing practices in the City of Kent, but provides direction for I the enforcement of these practices through the Washington State Human Rights Commission rather than through any City department; j and WHEREAS, Ordinance 1932 is outdated since the revision c Chapter 49. 60 of the Revised Code of Washington. That chapter notl i only describes and prohibits the same unfair practices in housing and real estate transactions, but also unfair practices with iirespect to employment, employment agencies, labor unions, credit land insurance transactions in the State of Washington; and I I WHEREAS, no additional protections are provided to the citizens of Kent through Ordinance 1932 , since it is either less restrictive or duplicates state law, both in its substance and I manner of enforcement; NOW, THEREFORE, I� ! THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : i Section 1. Ordinance repealed. Ordinance 1932 , entitled: I AN ORDINANCE of the City of Kent, Washington, defining and prohibiting unfair housing practices in the sale and offering for sale and in the rental and offering for rent I it and in the financing of housing accommodations within the City of Kent, Washington, defining offenses and prescribing penalties and pro- viding for the enforcement thereof under the provisions of RCW 49. 60. 010, et al. , and through the facilities of the "Washington State Board Against Discrimination" and repealing Ordinance 1521 . i is hereby repealed. Section 2 . Effective date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. I 'I DAN KELLEHER, MAYOR ATTEST: I i I' BRENDA JACOBER, DEPUTY CITY CLERK I i1APPROVED AS TO FORM: I 1 it ( ROGER A. LUBOVICH, CITY ATTORNEY I � I� I I1PASSED the day of 1991. APPROVED the day of 1991. I PUBLISHED the day of 1991. i 2 - II j� J' Kent City Council Meeting Date September 3 , 1991 Category Consent Calendar 1. SUBJECT: STREET OCCUPATION ORDINANCE 2 . BUP!MARY STA EMENT: As recommended by the Public Works (,Committees doption of Ordinance No. ? relating to the use and-occupation of public streets, sidewalks and other public places, requiring permits, defining offenses and providing penalties. 3 . EXHIBITS: Ordinance, excerpt from Public Works Committee minutes 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO �< YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3I Public Works Committee August 20, 1991 Page 2 Street Occupation Ordinance Wickstrom stated he had contacted the cities of Seattle, Auburn, Tukwila and Renton whether they allowed sandwich board signs, their standards, fees, etc. None of these cities allow these types of signs in the public rights of way. Wickstrom stated he would like to see sandwich board signs allowed on private property according to the zoning code. " It was determined that the issue of signs on private property is being addressed by the Planning Committee. Wickstrom stated that at this time we have not developed any standards or fees for signs in public rights of way. The ordinance presented at the last Committee meeting could be moved ahead without the standards and fees incorporated. White suggested an annual permit, limiting the signs to a certain size and one per business . Mr. Stringham added there should also be something about minimum size, sign material and construction. Morris suggested the criteria and fees be adopted in a separate ordinance so that the fees can be adjusted as necessary without amending the original ordinance. Jim White suggested that Mr. Rust and Mr. Stringham work with the Public Works Department in developing the standards . Mr. Stringham stated he has already submitted a list of suggestions to the chair of the Planning Committee. Dowell was concerned about the City' s liability if someone were to trip over one of the signs . Carol Morris confirmed she had covered the liability issue in the ordinance. Mr. Doolittle suggested the signs posted on trees and utility poles be addressed as well . The Committee unanimously recommended adoption of the street occupation ordinance. Marty Nizlek Concerns - SR 516 and Reith/Meeker S.W. 212th at Frager and Russell Roads Nizlek addressed the Committee concerning the illegal right turns that are being made from Reith to SR 516 . He was requesting that a right turn lane be added at this intersection. White stated that would eliminate the shoulder of the road and he would not recommend doing so. Nizlek stated that about 40% of the green time of the signal is given to Reith and Meeker and about 60% to SR 516 . Nizlek indicated he felt that no further signal timing changes would effect any improvement to the traffic backing up on Reith Road. Ed White stated he is still working with the State on- the signal timings as he feels the timing cycle length is too long. He stated the backups are so spasmodic and short term that it is difficult to determine if the changes to the signal timings are effective. Nizlek concluded that he felt a minor modification constructing a right turn lane, getting a variance from the State to eliminate the shoulder, would eliminate the backup and reduce the need for the amount of enforcement that is taking place. Mr. DRAFT -- August 28, 1991 ORDINANCE NO. AN ORDINANCE of the City of Kent, .Washington, relating to the use and occupa- tion of public streets, sidewalks and other public places; regulating the use and re- quiring permits therefor; defining offenses ; providing penalties; amending Ordinance 1733 on political signs and repealing Ordinance 2518 on building moving permits. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1 . Section 2 of Ordinance 1733 (Kent City Code Section 9 . 06 . 080) is amended to read as follows : Section 2 . PUBLIC PROPERTY- ( (PeTTTI TT l I TIGN) ) SIGNS PROHIBITED. No person shall attach, place, paint, write, stamp or paste any sign, poster or bill upon any lamp post, electric light , railway , telephone or telegraph pole, or shade tree; on any bridge, pavement, street, sidewalk or cross-walk, public building or any ( (pr-e�) ) public place or anything belonging to the City or within public easements without obtaining a street occupation permit as provided for in Kent City Code Chapter 4 . 09 . Section 2 . Section 6 of Ordinance 1733 (Kent City code Section 9 . 06. 024) is amended to read as follows: Section 6. PENALTIES . Any person willfully violating ( (a--y of the ) ) Sections 9 . 06. 012 , 9 . 06. 016 or 9 . 06. 200 of the Kent City Code ( (this o dinantee) ) shall be punished in accordance with the general penalty provisions of Kent City Code Section 1 . 02 . 080. ( ( .m hree A a it l l ($30G 09 thirty (39N, days in the both such fine and-me n n ) ) Violations of Sections 9 . 06. 080 shall be enforced and punished in accordance with the Street Occupation Code, Kent City Code Chapter 4 . 09 . Section 3 . Ordinance 2518 , entitled: AN ORDINANCE of the City of Kent, Washington, relating to building codes; amending Chapter 14 . 08 of the Kent City Code, to delete the requirement for a performance bond, and amending the pro- visions relating to house moving permits is hereby repealed. Section 4 . There 'shall be a new chapter added to the Kent City Code, Chapter 4 . 09 , entitled the "Street Occupation Permit Code, " which shall read as follows: 4 . 09 . 020 . TITLE. This chapter shall constitute the Street Occupation Permit Code of the City of Kent. 2 4 . 09 . 040. EXERCISE OF POLICE POWER. This subtitle is the City' s exercise of police power for the public safety, health and welfare, and its provisions shall be liberally construed for the accomplishment of that purpose. 4 . 09 .060 . DISCLAIMER OF CITY LIABILITY. A. Issuance of any permit pursuant to this chapter does not constitute the creation of a duty by the City to any person, nor indemnify any person for any wrongful acts of a permit holder against any person or the public, or to otherwise shift responsibility from the permit holder to the City. B. -Nothing contained in this chapter is intended to be nor shall' be construed to create or form the basis for any liability on the part of the City, its officers, officials, employees, or agents for any injury or damage resulting from the failure of a permit holder or permit applicant to comply with the provisions of this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter, on the part of the City. C. It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by its terms . D. It is the specific intent of this chapter to place the obligation of complying with its requirements upon the permit holder or permit applicant, and no provision of, nor term used in this chapter, is intended to impose any duty whatsoever upon the 3 City or any of its officers, officials, employees, or agents, for whom the enforcement of this chapter shall be discretionary and not mandatory. 4 . 09 .080 . RIGHT TO PROSECUTE CIVIL ACTION. Nothing in this chapter shall be construed to curtail or abridge the right of anyone to prosecute a civil action for damages by reason of injury to person or property resulting from the negligent use by any other person of any public place or the space above or beneath the same. Further, this chapter shall not be construed as relieving any person from liability, nor from any damages accruing to or suffered by anyone, which are caused by or result from the occupation, obstruction or encroachment of any public place. '4 .09 . 100 . DEFINITIONS. A. Words and phrases, wherever used in this chapter shall have the meaning ascribed to them except where otherwise defined, and unless where the context shall clearly indicate to the contrary. 1 . "Adjacent property" means and includes the property abutting the margin of a public place contiguous and with reference to said public place. 2 . "Areaway" means and includes a sunken space, either covered or uncovered, or a court affording room, access or light to a building. 3 . "Awning" means a temporary shelter supported entirely from the exterior wall of a building. 4 4 . "Banner" means any pliable canvas or cloth sign material stretched over or across any public place. 5. "Building" is any structure used or intended for supporting or sheltering any use or occupancy. 6 . "Business property" means and includes all properties not included in "residence property" defined in this section. 7 . "Canopy" means a nonrigid, collapsible, nonretractable, protective covering located at an entrance to a building. 8 . "City Engineer" means the Kent City Engineer and his authorized representatives . 9 . "Department" means the Public Works Department of the City of Kent. 10 . "Director" means the Public Works Director and his authorized representatives. 11 . "Driveway" means and includes that portion of a public place which provides access to an off-street vehicular facility through a depression in the constructed curb or, when there is no constructed curb, that area in front of such vehicular facility as is well defined or as is designated by authorized signs or markings. 5 12 . "Improved public place" means any public place, as defined in this chapter, which contains overhead or underground utilities or a driving or walking surface. 13 . "Marquee" means a permanent, roofed structure attached to and supported by the building and projecting over public property. 14 . "Marquee sign" means a sign placed on, constructed in, or attached to a marquee. 15. "Newsstand" means any stand, box structure, rack or other device which is designed or used for the sale and/or distribution of newspapers, periodicals, magazines or other publications, or any combination thereof. 16 . "Public place" means and includes streets, avenues, ways, boulevards, drives, places, alleys, sidewalks, planting (parking) strips, squares, triangles and other rights-of- way open to the use of the public, and the space above or beneath the surface of same. This definition specifically does not include streets, alleys, ways, planting strips and sidewalks which have not been deeded, dedicated or otherwise permanently appropriated to the public for public use. 17 . "Sidewalk cafe" means a portion of sidewalk area in which are placed tables and chairs for the use of the public while consuming food and/or beverages, including alcoholic beverages, served by a cafe or restaurant located on adjoining property. 6 18 . "Sign" means any medium, including its structure and component parts, which is used or intended to be used out of doors to attract attention to the subject matter for advertising purposes. 19 . "Sign, portable" means a sign which is not permanently affixed and is designed for or capable of being moved, except those signs explicitly designed for people to carry on their persons or which are permanently affixed to motor vehicles . 20 . "Structure" means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. 21 . "Use" means and includes: to construct, store, erect, place upon, or maintain, or operate in, upon, over or under any public place, any areaway, marquee, awning, clock, newsstand, sign, sidewalk elevator or door, fuel opening, sidewalk cafe or restaurant, staging, swinging scaffold, elevator or other structure or material, machinery or tools used or to be used in connection with the erection, alteration, repair or painting of any building; or to move any building across or along any public place; or to use or occupy any public place for the storage or placement of any material , equipment or thing; or to operate any cleated or tracked vehicle in any public place; or to allow any vehicle to be in or upon any public place other than that portion used as a roadway; or to allow any vehicle to be upon that portion of roadway designated as parking or curb space for purposes of selling or soliciting in addition to merely parking; or to remove, injure, or destroy any tree, flower, plant or shrub in any public place; or to open, 7 excavate, or in any manner disturb or break the surface or foundation of any permanent pavement of a public place, or to alter the established grade of any street, or to disturb the surface of, dig up, cut, excavate or fill in any public place; or to construct, reconstruct, maintain or remove any sidewalk or crosswalk, pavement, sewers, water mains, grading, street lighting, or appurtenances thereto, except when permitted by ordinance, or to do any work in, or erect any structure tinder, along or over any public place. B. Words in the present tense shall include the future tense, words in the masculine gender shall include the feminine and neuter genders, and words in the singular shall include the plural and plural words shall include the singular. 4 . 09 . 120 . SAFETY CODE, BUILDING CODE AND WASHINGTON CLEAN ACT COMPLIANCE. All .work to be done under the authority of this chapter shall be accomplished in compliance with all applicable rules, regulations, ordinances and statutes, including the Uniform Building Code as adopted by the City, the State Safety Code, the Washington Clean Air Act and the rules and regulations of the Puget Sound Air Pollution Control Agency, and shall diligently proceed without undue delay or inconvenience to the public. 4 . 09 . 140 . OCCUPATION PERMIT REQUIRED. It shall be unlawful for anyone to use any public place for private purposes, without having first obtained a written permit from the Director, and without complying with all the provisions of this chapter in relation thereto; provided that nothing herein shall apply to street, drainage, water or sewer maintenance work performed by the City, including street, drainage, water or sewer installation and 8 improvement work authorized by ordinance, or street, drainage, water or sewer improvement projects under contract with the City. 4 .09 . 160 . PERMIT APPLICATION. Applications for permits under this chapter shall be filed with the Director, upon a form furnished by the Department. Such applications shall contain: A. An accurate description of the public place or portion thereof desired to be used; B. The use desired to be made of such public place by the applicant; C. The plans and specifications for any utility or structure desired to be constructed, erected or maintained by the applicant in or on a public place ; D. Where it is desired to construct a fuel opening, sidewalk elevator or door, a certificate from the City Property Manager showing the applicant to be the record owner of the premises abutting and in connection with which such fuel opening, sidewalk elevator or door is to be constructed; and E. If a building or structure is being moved from a location in the City, the applicant shall verify that the sewer is capped, the septic tank removed, or that the septic tank has been filled within inert material . The applicant shall also verify that all utility charges have been paid at the location from which the building is to be moved. Complete plans and specifications showing the method of travel , dimensions of the object to be moved, weight, 9 route of travel and the date and time of move shall be filed with the permit application. 4 .09 . 180 . PROCESSING OF APPLICATIONS. A. The City Engineer shall examine each application submitted to determine if it complies with the provisions of this chapter. In order to ascertain any facts which may aid in determining whether a permit shall be granted, the City Engineer or his representative may inspect the premises which are desired to be used under the permit. The City Engineer' s findings shall be endorsed upon such application and transmitted to the Director. B. Any application for a permit to construct, erect or maintain any awning, marquee, sign, or any structure in a public place shall be first transmitted to the Building Official of the City, who shall ascertain if the plans and specifications conform to the regulations pertaining to safety, material and design of the Uniform Building Code as adopted by the City. The Building Official shall then endorse his findings on the application and transmit the same to the City Engineer. C. _Any application to move a building or structure shall be transmitted by the City Engineer to the Building, Fire and Planning Departments of the City for review. No permit shall be issued under this chapter until all other permits required by the City have been issued. D. If the Director finds that the application presented to him for approval conforms to the requirements of this chapter, and also that the proposed use of such public place will not unduly interfere with the rights of the public, he may approve such 10 application. The Director shall then fix the period of time for which the permit shall be granted, which shall in no case be longer than one (1) year, and approve such permit for issuance, upon the applicant' s compliance with the terms of this chapter. 4 . 09 .200 . INDEMNITY DEPOSIT -- SURETY BOND -- LIABILITY INSURANCE. A. If the Director determines that there is a probability of injury, damage or expense to the City arising from an applicant' s proposed use of any public place, the applicant shall provide a cash indemnity deposit to the Public Works Department. The amount of the cash indemnity deposit shall be determined by the Director, be governed by the anticipated amount and extent of injury, damage or expense to the City, and determined at the time of application approval . such indemnity deposit shall be used to pay the cost of inspections, surveys, plans and other administrative services performed by the City, of restoring the street and removing any earth or other debris from the street, the replacement of any utility interrupted or damaged, or the completion of any work left unfinished, the cost of filing of an indemnity agreement with the Public Works Department, if such an agreement is required with the permit, and any other expense the City may sustain in conjunction with the permitted work. The balance of the cash indemnity deposit, if any, after the foregoing deductions, shall be returned to the applicant. If the indemnity deposit be insufficient, the applicant will be liable for the deficiency. If the City Engineer or Director determines that engineering studies must be made prior to the approval of any application for permit, the cost of such study shall be paid for by the applicant, or deducted from his indemnity deposit. 11 B. The applicant may, in lieu of or in addition to the cash indemnity deposit, file with the Department a surety bond which has been approved as to surety and as to form by the City Attorney; which shall meet all the requirements provided in Section 4 . 09 . 200 (A) above relative to a cash indemnity deposit; shall run for the full period of the permit; and shall be in an amount to be fixed by the Director and conditioned such that the applicant shall faithfully comply with all the terms of the permit, all the provisions of this chapter, all other ordinances of the City, and indemnify and save the City free and harmless from any and all claims, actions and damages of every kind and description which may accrue to, or be suffered by, any person by reason of the use of any public place . C. An applicant for a permit shall maintain in full force and effect public liability insurance in an amount sufficient to cover potential claims for bodily injury, death or disability and for property damage, which may arise from or in connection with the permit. The Director shall establish the amount of such insurance, and a copy of the policy shall be provided to the City for review prior to issuance of the permit. D. If the application is for the construction, reconstruction, repair, maintenance or removal of any sidewalk, pavement, sewers, water mains, grading, street lighting, or appurtenances thereto, the applicant shall file with the Department a surety bond approved as to surety and as to form by the City Attorney, which bond shall run for the full period of the permit plus one (1) year after the acceptance of the permitted work by the City, and shall be in an amount fixed by the Director, and conditioned such that the applicant shall faithfully complete all 12 portions of the work according to the Standard Plans and Specifications of the City, and the specific plans for the work as approved by the City Engineer. E. The Director may require any permit holder to post a surety bond in the calendar year following the period of a permit when the extent of possible damage to a public place cannot be completely determined. 4 . 09 . 220 . INDEMNITY TO SAVE CITY HARMLESS FROM CLAIMS. In addition to the foregoing cash indemnity fund, the applicant; owner of the premises in front of which, and in connection with which, the permit is to be obtained; and any existing lessee, sublessee, tenant and subtenant using or occupying the basement of the premises in connection with which such structure is to be used; shall be required to execute a written agreement supplied by the City Attorney to forever hold and save the City free and harmless from any and all claims, actions or damages of every kind and description which may accrue to, or be suffered by, any person by reason of the use of such public place, or of the construction, existence, maintenance or use of any such structure. Such agreement shall also contain a covenant on the part of the persons or corporations executing the same, for themselves and their heirs, executors, administrators, successors, assigns, lessees, sublessees, tenants and subtenants, assuming the duty of inspecting and maintaining all structures, services, instrumentalities and facilities installed or to be constructed or occupied under authority of such permit, and assuming all liability for, and saving and holding the City harmless from any and all loss, damage or injury that may result to his or their own person or property, or the person or property of another, by reason of the 13 use or occupation of such structure, services, instrumentalities or facilities on or in a public place pursuant to this chapter. 4 .09 .240 . PERMIT TO VEST NO PERMANENT RIGHT -- REVOCATION -- FEE SCHEDULE. A. All permits authorized under this chapter shall be of a temporary nature, shall vest no permanent right whatsoever, and may in any case be revoked by the Director upon thirty (30) day' s notice, posted on the premises, mailed to the permit holder, or without notice in the case where any such use or occupation shall become dangerous or any structure or obstruction permitted shall become insecure or unsafe, or shall not be constructed, maintained or used in accordance with the provisions of this chapter. B. If any such structure, obstruction, use or occupancy is not discontinued on notice to do so by the Director, the City Engineer may remove such structure or obstruction from such place, or may make such repairs upon such structure or obstruction as may be necessary to render the same secure and safe, at the expense of the permit holder, or his successor, and such expense may be collected in the manner provided by law; and the Director may require a surety bond in such connection. C. The Director is authorized to renew such permits under the same procedures set forth in this chapter for initial permit applications, and further directed to prepare and adopt a schedule of fees applicable to all such permits heretofore or hereafter issued commensurate with the cost of administration, inspection and policing involved in the issuance and continuance of 14 ti such permits and the use thereby granted, and any such schedule, when approved by the city council by resolution, shall govern the amount of the fee for any such permit, which shall be collected by the Public Works Department as a condition to the issuance or renewal of any such permit. In order to effectuate the collection of such fees, the Public Works Department may notify holders of outstanding permits previously issued as a reminder to pay the applicable fee or the permit will be revoked. D. When the use requiring a permit is made of any street or public area, without a permit being first obtained, the fee shall be double that provided in the schedule of fees . The double fee shall apply only to the first tenure of the permit. 4 . 09 . 260 . ISSUANCE OF PERMITS. Upon approval of the Director of an application for the use or occupation of a public place, the Department shall issue a permit therefore. The original permit shall remain in the Department' s files and a copy shall be given to the grantee. 4 . 09 .280 . REFUND ON PERMIT FEE. Whenever the fee paid for any street use or occupation permit shall be erroneous for any reason, and application is made for refund, the Director shall certify the facts justifying such refund, the amount thereof, and his approval of such refund, and upon presentation of such certificate to the Finance Department to pay a warrant therefore in the amount of such refund. 4 . 09 . 300 PORTABLE SIGNS -- PERMIT -- REMOVAL. It is unlawful for any person to place, erect or maintain a portable sign upon any public place unless a permit has been obtained pursuant to 15 this chapter. Permitted signs which are ten feet (10 ' ) or less in height as measured from street or driveway grade and which obscure the vision of motorists shall be located at least twenty feet (201 ) from intersections or driveways, or at any other location on the public place as determined by the Director. The existence of any such portable sign which has not been specifically permitted under this chapter shall be considered an obstruction existing unlawfully upon the public place, and the Department may proceed to effect its removal, and the removal thereof in no event constitutes a breach of the peace or a trespass. 4 . 09 .320 . PORTABLE SIGNS -- IMPOUND -- DESTRUCTION. Every portable sign removed under Section 4 . 09 . 300 of this chapter by the Department shall be impounded and held on the Department ' s premises for a period of ten (10) days . The owner or other person responsible may redeem such sign upon presentation of a monetary amount sufficient to cover the costs of removal and storage. Any portable sign not redeemed after ten (10) days will be stored or destroyed by the Department, at its option. 4 . 09 . 340 . ENFORCEMENT. The Director is authorized to post notice on private property at or abutting the scene of any violation of this ordinance calling for compliance with the terms herewith. 4 . 09 . 360 . REMOVING OR DESTROYING NOTICES PROHIBITED. It shall be unlawful for anyone to remove, mutilate, destroy or conceal any notice issued or posted under the authority of the Director pursuant to the provisions of this chapter. 16 4. 09 . 380. VIOLATION -- PENALTY. 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 this chapter shall be subject to a cumulative penalty in the amount of seventy-five dollars ($75 . 00) per day from the date the Director shall set in a written notice for the removal of any obstruction or the discontinuance of any use or occupancy of any public place, until compliance with such notice. B. The penalty imposed by this section shall be collected in a civil action brought in the name of the City. The Director shall notify the City Attorney in writing of the name of any person subject to the penalty, and the City Attorney shall , with the assistance of the Director, take appropriate action to collect the penalty. 4 . 09 . 400 . ADDITIONAL RELIEF. The Director may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this chapter when civil or criminal penalties are inadequate to effect compliance. Section 5 Severability. The provisions of this ordinance are declared to be separate and severable, the invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. 17 Section 6 . Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final approval and passage as provided by law. DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, DEPUTY CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of 1991. APPROVED the day of 1991 . PUBLISHED the day of , 1991 . I hereby certify that this is a true and correct copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, DEPUTY CITY CLERK occupa. ord 18 'ki Kent City Council Meeting Date September 3 , 1991 Category Consent Calendar 1. SUBJECT: WATER LINE CROSSING SOUTH 222nd 2 . SUMMARY ST -EiM: As recommended by the Public Works .,Committee, idoption of Ordinance No. authorizing staff to proceed with condemnation procedures for right-of-way on So. 222nd for a water line crossing, r. 3 . EXHIBITS: Excerpt from Public Works Committee minutes and vicinity map, ordinance 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3A Public Works Committee August 20, 1991 Page 4 196th Corridor Wickstrom explained we have been attempting to acquire a particular parcel since 1989 and have had funds reserved since that time. It appears we are now close to settlement and we are requesting authorization to transfer the funds from the Street CIP to the project. The Committee unanimously approved the request. Water Crossing S. 222nd - Condemnation for Right of Way Wickstrom explained we have a water main from North 4th going east to the railroad tracks and a water main on 222nd going west to the railroad tracks. We are proposing to tie the two together which would eliminate a severe water hammer problem we have at Liquid Air plant. We have been negotiating with the railroad but they are only willing to give the City a permit which does not give us any permanent rights . We are requesting authorization to proceed with condemnation should we not be able to reach agreement with Burlington Northern. The Committee unanimously approved the request. Underground Storage Tanks Removal and Installation of Above Ground Tanks Wickstrom explained we had previously awarded this project but the contractor was unable to obtain the proper insurance. We rescinded the bid and readvertised the project. The low bid received on the second ad was $7 , 300 higher than previous. Wickstrom stated we are mandated by Federal law to remove the tanks; thus, he requested transferring the additional funds from the unencumbered water and sewer utility funds and to award the project. The Committee unanimously recommended approval. I N �C b'M 77,1-11� 0 �P r �I U �. � I u •'� � .'Sf� it aco +� ! LO -r-: co r 10n � � O Ln �1 I � � 43-FT- lO F pos - 'v �hrl�f 'r - T 1,i1 ma dol.fn. F-n c7 J h- i j ORDINANCE NO. J AN ORDINANCE of the City of Kent, Washington, providing for the acquisition of an easement for water line installation purposes over certain property on So. 222nd Street; providing for the payment thereof out of any of the City' s Capital Improvement ' Funds; and providing for the condemnation of such property rights as necessary therefor; said properties located within Section 12 , Township 22 North, Range 4 East, in King j j County, Washington. i � I THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES • HEREBY ORDAIN AS FOLLOWS : i ji i Section 1 . The City of Kent ("City") authorizes the acquisition by condemnation of a parcel of real property, I together with all rights, privileges and other property pertaining thereto, located in King County, Washington and legally described in Exhibit A, which is attached hereto and incorporated hereto by this reference (hereinafter, the i "Property") . Section 2 . The public convenience, use and necessity demand that the City condemn, appropriate, take and damage the i Property for water line installation purposes, which purposes shall include all acts necessary to complete installation of a water main and related improvements on So. 222nd Street in Kent, Washington. Section 3 . The City shall condemn the Property only iafter just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. I Section 4 . The City shall pay for the entire cost of the acquisition by condemnation provided for in this Ordinance i from the City's Capital Improvement Funds or, if necessary, any of the City' s general funds, as may be provided by law. I i Section 5. The City authorizes and directs the City Attorney to commence those proceedings provided by law that are necessary to condemn the Property. In conducting the i condemnation proceedings, the City authorizes the City Attorney to enter into stipulations in order to minimize damages, which stipulations may include, but not be limited to, size and dimensions of the Property, construction easements and other property interests. i Section 6. Any acts consistent with the authority and prior to the effective date of this Ordinance are ratified and confirmed. I Section 7 . Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its ! final approval and passage as provided by law. i I � DAN KELLEHER, MAYOR i ATTEST: i BRENDA JACOBER, DEPUTY CITY CLERK 2 ' I � ,I APPROVED AS TO FORM: I i i j ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of 1991. APPROVED the day of 1991. PUBLISHED the day of 1991. I hereby certify that this is a true and correct copy of Ordinance No. passed by the City Council of the � City of Kent, Washington, and approved by the Mayor of the City lof Kent as hereon indicated. (SEAL) BRENDA JACOBER, DEPUTY CITY CLERK 'I I 1 I I I 50222 . ord 3 EXHIBIT A A strip of land lying within the southeast quarter of Section 12 , Township 22 N, Range 4 E, which strip is 25 . 00 feet in width and the northerly line of said strip begins at a point of intersection with the north line of So. 222nd Street. and the east right- of-way line of Burlington Northern Railroad Company' s 100 . 00 foot wide right-of-way being the True point of Beginning of line herein described; thence N 8102014411 W a distance of 110. 00 feet more or less to a point on the west line of said right-of-way being the terminus of line herein described. n P Kent City Council Meeting [_ lV Date September 3 1991 Category Consent Calendar 1. SUBJECT: NORTHWEST BUSINESS PARK PLAT PHASE I 2 . SUMMARY STATEMENT: Acceptance of the bill of sale and warranty agreement submitted by Upland Industrial Development Company for continuous operation and maintenance of approxi- mately 6012 feet of water main extension, 1, 396 of sanitary sewer extension, 51377 feet of street improvements and 5, 374 of storm sewer improvements constructed in the vicinity of South 226th Street and 58th Place South, South 228th Street and 54th Avenue South and South 228th Street and 64th Avenue South for the Northwest Business Park Plat Phase I and release of the cash bond with waiver of the one-year maintenance period. 3 . EXHIBITS: Vicinity map 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X _ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3KX i �. srl 1� j G n Z 1 fD 'S 416TM ST - ' 22.6TH 5T z' s" 22aTM ST ' •LAG ®N:.. . � y n i 51,226TH'51 �LR- — ys 5 234TH SST, {1. a m - S. R35TH 5T m 5T i -y - MENOR t SST .n z - C 1190NS ¢ GE 5FH Sr /¢ tCNHONS PL F7FIFL IIW Q �,�_ NEER.. T ¢ NORTHWEST BUSINESS PARK PLAT PHASE I •�� � � � na,9K IaS - -' SMITH Si AFESER w ( r I a —STFlOW X;�l>'NlSs .FIRE 111 1 Kent City Council Meeting Date September 3 , 1991 Category Consent Calendar 1. SUBJECT: VAN DOREN'S LANDING SHORT PLAT 2 . SUMMARY STATEMENT: Acceptance of the bill of sale and warranty agreement submitted by Upland Industrial Development Company for continuous operation and maintenance of approxi- mately 920 of storm sewer improvements constructed in the vicinity of 64 Avenue South and South 226th for the Van Doren's Landing Short Plat and release of the cash bond with waiver of the one-year maintenance period. 3 . EXHIBITS: Vicinity map 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO >< YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3L.X rr I m 41 } 4 i OTHST �F � 2xo• sr S 226TH-ST Ar — o I .m 1 S'228TN ST "Mf�L � MF, i H LDLE I(ENF S. 236TH ST / .w iu ST b � S 238TH -5T F C M;'lONS;c z � GE 'E =fELfJ� � ] : > 9 'JRMESST• z .. . l - BOADEN u VAN DORENS LANDING SHORT PLAT YFrA _ a VEER: dlJ£ i his m SMITH ST •� - z u z REm J. I { HaHR N .. -tT. ;. GORE S� ult crrr a - S _ P � cnoN. 51 K�448 XISm 5 ' "3�'. :I ! ! r',' i✓gam S i f I�I 1i 1 m� 's , . � � i e �1 Kent City Council Meeting Date September 3 . 1991 ly �` Category Consent Calendar 1. SUBJECT: 1992 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM 2 . SUMMARY STATEMENT: Authorization to set September 17, 1991 for a public hearing to consider adoption of the 1992 Community Development Block Grant (CDBG) Program as recommended by the City Council's Planning Committee. 3 . EXHIBITS: 4 . RECOMMENDED BY: Planning Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ _ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Age da Item No. 3M v Kent City Council Meeting 6l Date September 3 , 1991 Category Consent Calendar 1. SUBJECT: BUSINESS LICENSE REVOCATION - U.S . ENGINE INC. 2 . SUMMARY STATEMENT: Authorization to set October 1, 1991, as the date for a public hearing on the revocation of the business license for U.S. Engine, Inc. Kent City Code Section 5. 02 . 120 states that if the Council finds that there are reasonable grounds to believe that a business has or is operating in violation of the laws of Kent, it shall order the City Clerk to send a written notice to the license holder that a hearing shall be held to determine whether the business license will be revoked. The Planning Department has either cited or informed U.S. Engine of violations of Kent City Code. 3 . EXHIBITS: Notice of Violation letter to U.S. Engine; copy of citations 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3N +( CITY OFLJZSV Dan Kelleher, Mayor ( James P. Harris, Planning Director August 5 , 1991 VIA CERTIFIED MAIL NOTICE OF VIOLATION Mr. Michael P. Crossan U. S. Engine, Inc. 18403 East Valley Highway Kent, WA 98032 RE: BUSINESS KNOWN AS U. S. ENGINE, INC. , AKA NW ENGINE EXCHANGE, LOCATED AT 18403 EAST VALLEY HIGHWAY BUSINESS LICENSE #8806353 Dear Mr. Crossan: This will provide notice to you that the business known as U. S. Engine, Inc. aka NW Engine Exchange, is subject to business license revocation. The business has been served with two citations for violations of the Kent Zoning Code, as shown on the attached copies, both dated March 29 , 1991. Kent City Code provides that the Kent City Council may revoke a business license of any business operating in the City upon making a finding that any of the following circumstances exist: 1. That the business has engaged in conduct which is a nuisance, or is otherwise injurious to the public health, safety or welfare of Kent; and 2 . That the business has or is operating in violation of the laws of Kent, or other governmental authority. (Kent City Code Section 5. 02 . 100) This notice will be sent to the Kent City Clerk ' s office and the City Council, in order that a public hearing will be set on the revocation of Business License No. 8806353 , pursuant to KCC Section 5. 02 . 110 . You will be informed of the date set for the hearing. In addition to business license revocation and the penalties accruing under the individual citations attached to this notice, Kent City Code allows additional penalties against a violator in the amount of three hundred dollars ($300) . KCC 4 . 02 . 090. 220 4th AVE.SO., /KENT,WASHINGTON 98032-5895/TELEPHONE (206(859.3390/FAX#859-3334 COPY RECEIVED Mr. Michael P. crossan AUG 05 1991 August S. 1991 Page 2 Kent City Attorney Any communications regarding this Notice of Violation should be addressed to Charlene Anderson, who may be reached at 859-3390. Scheduling of the hearing will be done in the City Clerk' s office, telephone number 859-3370 . Sincerely, 4 harlene Anderson I Planner CA/slc:usrevoke. ltr cc: Dan Kelleher, Mayor Norm Angelo, Fire Chief Kent City Clerk Scott Garrison, Tax Discovery, Washington State Department of Revenue, 301 Evergreen Plaza Building, Olympia, WA 98504 James Gooding, Attorney at Law, 909 W. Meeker Street, Kent, WA 98032-5795 James P. Harris, Planning Director Robert Hutchinson, Building Official Roger Lubovich, City Attorney Carol Proud, Senior Planner Russ Segner, Segner Park 184 , 4536 153rd SE, Bellevue, WA 98006 Don Wickstrom, Director of Public Works (bcc: Richard Chase, Kent Water Quality Engineer Terri McCartin, Kent Fire Department. Carol Morris, Assistant City Attorney James Ratcliff, 3600 Meadow Ave. N. , Renton, WA 98056) I❑ INFRACTION_ MOO I❑ TRAFFIC�NON;TRAFFIC K0134608 0 STATE OF WASHIN ON O COUNTY OF KING ,PLAINTIFF VS.NAMED DEFENDANT O CITY/TOWN OF KENT IN THE ❑ DISTRICT ❑ COURT OF AUKEEN W MUNICIPAL KENT WASHINGTON STATEOF _.—.__...... ASHINGTON L.E A. COURT couNrYOF. . KING Ncic WA 0170700 NCIC 617205 . - . THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON DRIVER'S LICENSE STATE NO. � - -' --------- iE%PIRES SOCIAL SECURITY NUMBER ' ........ .. ....__._.._ _.HIGH _ __ __ ... NAME: LAST. FIRST INITIAL ❑INTERPRETER / NEEDED _._.._...'__.__—..___.._._... .__._.. . ADDRESS/ / - 1• 1 ! ,/ , / 0- .IF NEW ADDRESS . .. .._._•_. HIGH .____ .. ._ YER CO HIGH__ PASSENGER O P SSE GER CITY f . STATE ZIP DE EMPLO �—' -'---' - —SE% (RACE (DATE OF BIRTH---- `HEIGHT WEIGHT EYES HAIR RESIDENTIAL PHONE NO.. - VIOLATION DATE MONTH DAY rEAR TIME ON OR ABOUT // 24 HOUR AT LOCATION_..._......___._...—.„.•..t__.._ _. ._.__—_._.._._...____,.__...._.___.____�___._. I M.P.I I CITY/COUNTY OF FLICENSE ATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A__P_U__BLIC HIGHWAY AND STATE E%PIRES VEH VR MAKE ODEL (STYLE _ COLOR JI ENO SjSTTEEXPIRESTR.YRI � �OTHER THAN DRIVER ,ADDRESS CITY STATE ZIP CODE ACCIDENT PAC OMMERCIAI O YES HAZARD ❑VES E%EMPT ❑FARM ❑ FIRE NO PO i F :READING VEHICLE ❑NO PLACARD ON VEHICLE ❑R.V. 0 OTHER DID THEN AND THERE_ COMMIT EACH OF THE FOLLOWING OFFENSES/INFRACTIONS _ 1.VIOLATION/STATUTE CODE DESCRIPTION VEHICLE SPEED IN A ZONE RADAR ____.....__ ..___.�_—____..• APACE ------------ AIRCRAFT .... TI HIGH_._ .. . 2.VIOLATION/STATUTE CODE DESCRIPON .._.------ '"---'---- � -----� PENALTY/BAIL _ U.S. FUNDS APPEARANCE MO. DY. YR. TIME A.M. BOOKING DATE NOTICE I DATE P.M. DATE ISSUED WITHOUT ADMITTING HAVING COMMITTED EACH OF I CERTIFY IOR DECLARE(UNOEPIFNALTY O/PERJIIRYUNDlR THl LAWS OF TN!THE ABOVE INFRACTIONS/OFFENSES I PROMISE TO ETATEOF WASHINGTON THAT I HAVE REASONABLE OROU1,100/PROBABLE CAUSE RESPOND AS DIRECTED ON THIS NOTICE. TO BEueVE AND GO BELIEVE THE ABOVE NAMED PERSON COMEDTTEO THE ABOVE INi RACTION101 ANO/ OIFENSEISI CONTRARY TO LAW. OFFICER---- i NUMBER , I --� -----"—"' DATE J —DEFENDANT'S SIGNATURE PLACE ' ,WA OFFICER REMARKS ------- -----WWII__ _„ w , .-__..._._...-_.__........--•-'-----_-_--__-'--'---_._.._..------------ 'WEE-WEE d co WASHINGTON UNIFORM OFFICERS REPORT-LEA COPY DISPLAY C I T A T I O N S 07/13/91 0135 Citation No. CI-91-134608 Type CN CRIME/NON-TRAF Location: 18403 EAST VALLEY HY City: KENT RD: OC Officer: 18490 HAENEL, DAVID CASST Occur Date: 032991 FRI Time: 1040 Speed Approx: PF/Max: Speed: Veh Limit: Radar: N Area: Court: 17070 AUKEEN DISTRICT CT Appearance Date: Time: Related Case No: - - Residence: Type Charge Description Dispo Fine/Bail Suspended Subtotal Plea Find CN KCC 502030 BUSINESS W/O C 100 . 00 0. 00 0.00 100 . 00 0. 00 100. 00 Other Costs: 0. 00 Total: 100. 00 Dates: Notice 910329 Booking Judge Abstract Mail Days: Jail Suspended Credit License Surrender Date: Receipt: 043091 Receipt: DISPLAY P E R S O N 07/13/91 0135 Case No: CI-91-134608 - Involvement: CI O1 CITED: PERSON-OR-CAR N. .a: last: CROSSAN first: MICHAEL mid: P suf: Sex: M Race: DOB: Age: / Occ: Ht: 0 / 0 Wt: / Build: Hair: Eyes: DL#: WA SS# : FBI# : SID#: Residence: Apartment: Addr: 18403 Street: EAST VALLEY HY City: KENT ST: WA RD: 0060 Zip: 98032 CT: Phone: (206) - Business Name: US ENGINE INC suite: Addr: Street: US ENGINE INC City: UNKNOWN ST: WA RD: 9990 Zip: Phone: (206) - ❑ INFRACTION CRIMIN—L ❑ TRAFFIC .NON-TRAFFIC Kfl134�4 1 O STATE OF WASHINGTON - ❑COUNTY OF KING ,PLAINTIFF VS..NAMED DEFENDANT - O CITY/TOWN OF KENT - •' IN THE ❑ DISTRICT ❑ MUNICIPAL COURT OF AUKEEN KENT,WASHINGTON STATE OF WASHINGTON TY OF KING NCIC WA 0170700 NC C T 617205 COUTHE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OFWASHING I ON DRIVER'S LICENSE NO. STATE E%PIRES SOCIAL SECURITY NUMBER NAME: LAST FIRST INITIAL ❑INTERPRETER 1I.; 1.. J NEEDED ! - /t D IF NEW ADDRESS ADDRESS _ /!II L +' 1/ �' ❑PASSENGER CITY STATE ZIP Co DE EMPLOYE(i ! r.� �i� //!✓ . SE% 1 RACE DATE OF BIRTH HEIGHT WEIGHT EYES HAIR RESIDENTIAL PHONE NO. VIOLATION DATE MONTH onv YEAR TIME / ON OR ABOUT 24 HOUR /,! �.,t p QITY/COUNTY OF AT LOCATION !.// ) /1.,7— 'Y DID OPERATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A PUBLIC HIGHWAY AND VEHICLE LICENSE NO. S7ATE EXPIRES VEH.VR. MAKE- MODEL STYLE COLOR E TRAILER N1 LICENSE NO.STATE EXPIRES TR.YR. RAILER N�J•IG6NSE'NQ STATE EXPIRES TR.YR. OWNER/COMPANY IF OTHER THAN DRIYER" ADDRESS,, �CITY STATE ZIP CODE ACCIDENT AC OMMERCIAL D YES HAZARD OYES EXEMPT O FARM ❑ FIRE NO PD 1 F READING VEHICLE ❑NO PLACARD ❑NO I VEHICLE ❑R.V. O OTHER DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES/INFRACTIONS 1 VIOLATION/STATUTE CODE DESCRIPTION VEHICLE SPEED IN A ZONE"— RADAR i ❑PACE v r. f/ ( f ❑AIRCRAFT --77 -ram , l:f .iJ! !.t1 + 1+1.1 ,.'/ .? 2.VI^ STATU RIPT N I I PENALTY/BAIL U.S. FUNDS APPEAR A NC`w 6•.'CD�.Y.A- T-YR M: DAT 1, DATE N OTICE ISSUED I .. WITHOUT ADMITTING HAVING COMMITTED EACH OF I CERTIFY LOB DECLARE)UNDER PENALTY OF PERJURY UNDER THE UWB OF THE THE ABOVE INFRACTIONS/OFFENSES I PROMISE TO .0 BELIEVELIAAFNiD DO BELIEVE THE RABOVE NAMED PERSON COMMITTED THE I I' RESPOND AS DIRECTED ON THIS NOTICE. ABOVE INFRACTICNIS)A.=R OFFENSEM CONTRARY TO LAW. R I OFF) E c / a`7 X DEFENDANT'S SIGNATURE DATE PLACEFWA .i { OFFICER REMARKS . w WASHINGTON UNIFORM OFFICERS REPORT-LEA COPY C I T A T I O N S 07/14/91 0157 DISPLAY Citation No. CI-91-13460_ Type CN CRIME/NON-TRAF HY City: KENT RD: 0060 _ ,cation: 18403 _ EAST VALLEY — officer: 18490 Occur Date: 032991 FRI Time: 1040 Speed Approx: PF/Max: _ h Limit: Radar: N Speed: Ve Time: Court: 17070 Appearance Date: Related Case No: _-- Residence: Type Charge Description Dispo Fine/Bail Suspended Subtotal Plea Find 200. 00 CN KCC 1507040 FAIL PROVIDE L 200. 00 — — — — — — 200 . 00 0. 00 200. 00 Other Cost — Total: 200. 00 s: Dates: Notice 032991 Booking Judge Abstract Mail Days: Jail Suspended Credit License Surrender Date: Receipt: — Receipt: — DISPLAY P E R S O N 07/14/91 0159 Case No: CI-91-134603 - Involvement: CI O1 CITED: PERSON-OR-CAR Name: last: CROSSAN first: MICHAEL mid: P suf: Sex: M Race: DOB: Age: / Occ: Ht: 0 / 0 Wt: / Build: Hair: Eyes: DL# : WA SS#: FBI# : SID#: Residence: Apartment: Addr: 18403 Street: EAST VALLEY HY City: KENT ST: WA RD: 0060 Zip: 98032 CT: Phone: (206) - Business Name: US ENGINE INC Suite: Addr: Street: US ENGINE INC Phone: (206) - City: UNKNOWN ST: WA RD: 9990 Zip: 1fl Kent City Council Meeting Date September 3 1991 Category Consent Calendar 1. SUBJECT: PARKSIDE WETLANDS PURCHASE AND SALES AGREEMENT 2 . SUMMARY STATEMENT: Authorization for the mayor to sign an earnest money agreement in the amount of $118, 000 to purchase Lots 1 through 6, Block 22 , Interurban Heights, 3rd Section as part of the West Hill Parkside Wetlands project, as approved by the Parks Committee. 3 . EXHIBITS: Earnest Money Agreement 4 . RECOMMENDED BY: Parks Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $118 , 000 SOURCE OF FUNDS: $ 59, 000 West Hill C. I . P. $ 59 , 000 King County Conservation Futures Fund 7 . CITY COUNCIL ACTION: + ! �3 �� Councilmember � � .(,�^�- moves, Councilmember seconds DISCUSSION: - ACTION:— Council Agenda k. t Item No. 30'K �, a REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION The undersigned Purchaser, City of Kent, agrees to purchase and the undersigned Seller, Vicki R. Long, agrees to sell , on the following terms, the property located at the southwest corner of South 246th Street and 26th Place South in the City of Kent, King County, Washington, legally described as follows: Lots 1 through 6, inclusive, Block 22, Interurban Heights, 3rd Section, according to the plat thereof recorded in Volume 17 of Plats, Page 87, in King County, Washington. This offer, if accepted by Seller, is contingent upon approval by Kent City Council . Should the Council not approve, all monies shall be returned and the offer is null and void. 1 . Purchase Price. The total purchase price is one hundred eighteen thousand and no/100 dollars ($118,000.00) . 2. Method of Payment. Cash upon closing. 3. Condition of Title. Unless otherwise specified in this Agreement, title to the property is to be free of all encumbrances or defects, except that rights reserved in federal patents or state deeds, building or use restrictions general to the area, other than platting and subdivision requirements, and utility easements shall not be deemed encumbrances or defects. Encumbrances to be discharged by the Seller shall be paid by the Seller on or before closing. 4. Utilities. Seller warrants that the property is connected to X A. public water main B. well C. public sewer main X D. septic tank E. none of the above 5. Leased Fixtures. Any leased fixtures are included in the sale and Seller agrees to acquire title to the same prior to closing. 6. Closing of the Sale. This sale shall be closed on October 31, 1991 or sooner by written agreement of the parties. This sale shall be closed by Curran, Kleweno & Johnson Escrow Service, 555 W. Smith, Kent, Washington 98032. Purchase and Seller shall , immediately upon demand, deposit with closing agent all instruments and monies required to complete the purchase in accordance with this Agreement. 7. Closing Costs dnd Proration. Purchaser shall each pay ail of the escrow fees. Taxes for the current year and all rents, interest, utilities and other liens and charges shall be prorated as of closing. 8. Possession. Purchaser shall be entitled to possession on closing. "Closing" means the date upon which all documents are recorded and the sale proceeds are available to Seller. 9. Default and Attorney's Fees. If the Seller defaults in his or her contractual performance herein, the Purchaser may seek specific performance pursuant to the terms of this Agreement, damages, or recision. If the Purchaser seeks damages or recision, the earnest money, upon demand, shall be returned in full to the Purchaser. If the Purchaser defaults in its contractual performance herein, the earnest money, upon demand, shall be forfeited to the Seller and shall be the sole and exclusive remedy for default available to the Seller. In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 10. Conveyance Warranty Deed. Title shall be conveyed by statutory warranty deed. 11 . Performance. Time is of the essence to this Agreement. - 2 - 12. Seller Representations and Warranties. Seller represents and acknowledges that he/she has no knowledge of any hazardous materials on the property or of any past uses of the property during which the property might have become contaminated by dangerous or hazardous wastes. Seller further represents and acknowledges that he/she has no knowledge of the presence of underground storage tanks, either in use or abandoned, on the site. Nothing in this paragraph shall be construed in any way to alter or otherwise affect the rights and liabilities of Seller and Purchaser regarding hazardous or dangerous wastes under applicable federal , state or local laws as now enacted or hereafter amended. �*Seiiet acknowiedges then.e cs a hea-ti.nq sto -.aae tang. 13. Earnest Money. The undersigned acknowledges receipt from Purchaser of $10,000.00 in the form of a purchase order, as earnest money in partial payment of the purchase price. Said purchase order will be converted to check upon acceptance by Seller and approval by Kent City Council . This earnest money shall be applied to the total purchase price. 14. Notices. Unless otherwise specified, any notice required or permitted in or related to this Agreement, including any addenda thereto, must be in writing, signed by the Purchaser or Seller and received by the Purchaser or Seller, as applicable. Facsimile transmission of any signed original document shall not be the same as transmission of an original . 15. Agreement to Purchase and Time Limit for Acceptance. Purchaser offers to purchase the property on the terms and conditions set forth herein and acknowledges that it has read all terms and conditions above. Seller shall have until midnight of August 9, 1991 to accept this offer by delivery of a signed copy hereof to the Purchaser. If this offer is not so accepted, it shall lapse and the Seller shall immediately return the earnest money to the Purchaser. lb. Time of Essence. There are no verbal or other agreements that modify or affect this Agreement. Time is of the essence of this Agreement. 77 . Set.2e2 o(jl/ ens option to Putchaset to buy the wasnen,, lVdnye,c and xe5negezato-� ' o-z the amount S500 . under a aepa-rate pu.n.ehas e ag-n eement. 3 Dated this day of , 19_. PURCHASER By: Address Ig. Seller's Acceptance. Seller agrees to sell the property on the terms and conditions herein. Seller acknowledges the receipt of a copy of this Agreement, signed by both parties, having read the terms and conditions above and agreeing thereto. Dated this -,day of 1991 . y J I SELLER B Address � 9 • 1-9. Purchaser' s Receipt. Purchaser acknowledges receipt of a Seller' s signed copy of this Agreement on 19 . PURCHASER By: 4093R-28R - 4 w Kent City Council Meeting r� Date September 3 1991 4' Category Other Business 1. SUBJECT: L. I. D. 336 BOND ORDINANCE AND PURCHASE CONTRACT 2 . SUMMARY STATEMENT: Finance Staff requests the adoption of bond Ordinance'300C and authorization for the Mayor to sign a purchase contract in the amount of $1, 888, 078 for LID 336 bonds. The bond proceeds will be used for the widening and improvement of East Valley Highway from South 192nd Street to South 180th Street. The final assessment roll for the LID has been adopted and the 30-day prepayment period has elapsed. The purchase contract with Lehman Brothers is at a net interest cost of 7. 03 percent and has a gross underwriting spread of $19 per thousand dollar bond. This results in an average coupon of 6. 80 percent and an assessment to property owners of 7 . 30 . percent. !Ske Finance Director is at gesral, !) r 3 . EXHIBITS: Le man Brothers pricing information, bond ordinance, pu chase contract 4 . RECOMMENDED BY: Finance Staff (Committee, S aff, Examiner, Commission, etc. ) Planned for Oper tions Committee of 8/27 which was cancelled. 5. UNBUDGETED FISCAL PERSONNEL IMPACT: NO X YES FISCAL PERSONNEL OTE: Recommended Not Recommended 6. EXPENDITURE RE UI D: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION'J Councilmember ` moved se-a adoption of Bond Ordinance authorizing the Mayor to sign the purchase contract with Lehman Brothers. DISCUSSION• ACTION: — Council Agenda Item No. 4A AUG 23 191 17:03 SHEARSON LEHMAPI LEHMAN BROTHERS RICHARD B.KING sENTOR VICC PRESIDENT MEMORANDUM TO: Tony McCarthy i FROM: Richard B. Kin DATE: August 27, 1991 RE: City of Kent, Washington LID No. 336 Attached please find information regarding our proposal for the above-referenced issue. Specifically, I have included a comparison of the proposed initial re-offering yields with three other LID issues, as well as the components of our proposed underwriting spread. Unfortunately, the LID comparisons are quite dated, so I have included another very recent transaction for the Kent School District. The average interest rate on this issue is 6.80%, which means that the property owners' assessment rate would be 7.30%. Events in the Soviet Union have resulted in market uncertainty that helped the short end of the municipal market. Interest rates remain attractive for borrowers, however. Please call me at 344-5838 with any questions. RBK:kg1930k Attachment LEkLMAN ERarHERS D[V[SIOI; SHEA&WN LEHMAN BROTHERS INC. AN AVERICAIq EXYRESS COMPANY 9�jDTHIRDAVEN12`8 iUITE 40W SESTTLE,WA 98104 206]445D� FAX:06)448073 AUG 29 191 09:57 SHEARSON LEHMAM CITY OF KENT,WASHINGTON LID NO.336 pj-0posed Pricing lnformrrfon August 27,1991 A. Comparison of Initial Re-Offering Yields Issue: $1 ggg,p7g $95,000 $122,656 $16,600,000 City Or Kent City of Spokane Clallam County Trent SD 415 LID No 336 CLID No.185 RID No.123 UTG+O Bonds Sale Date: September 3 August 5 May 28 August 29 Underwriting Spread(5): $19.00 $19.16 $30.00 N/A Net Interest Cost: 7.03% 7.10% 7.45% N/A NIC/RBI(1): 100.00% 100,00% 104.1% N/A AV:Assesstnents(2): 22.5:1 27.4:1 4.1:1 N/A Proposed Initial Initial 'initial Re-Offering Re-Offering Re-Offering Re-Offering Year Yields(3) Yields(3) Yiolds(3) _yie (�_ 1992 5.2.5% 5.50% 560% 1993 5.50 5.75 5.75 - 1994 5.75 6.00 6.00 1995 6.00 6.25 6.20 1996 6.20 6.50 6.40 _. 1997 6.40 6.70 6.60 1999 6.60 6.85 6.80 1999 6.70 7.00 7.00 6 200/0 2000 6.80 7.10 7.15 6.30 2001 6.90 7.10 7.30 6.40 2002 6.95 7.30 6.50 2003 7.00 7.40 6.60 2004 7.05 7.40 6.70 2005 7.10 7.50 6.75 2006 7.15 7,50 6.80 AI1inist-1- August-$- A t AL' Revenue BondIndex(4) 7,10% 7.075c 7.03% 7.03% (1) Not intorest cost divided by the Revenue Bond Index at the time of salt. (2) Ratio of assessed valuation to assessments. (3) Fsdmated rnaturitics. (4) Calculated weekly by The Bond Buyer,this index provides a general indication of initial re-offering yields for 25-ycar rcvcnue bonds- (5) Per$1,000 principul amount CltyxenftPPddeM1\'9 ql l, 29 '91 09:55 SHEARSON LEHMPr i F• B, Proposed Underwriting Discount Proposed City of Kent City of Kent City of Kent LID No.336 CLID No.331/335 LID No.330 9/3/91 315191 9/4/90 Per Per , Per$ ,00 Principal _jQjg_ Principal Totai . Pr.,i xL — — Average Takedown $12,85 $24,262 $11.32 $17,478 $12.67 $51,107 Net to Underwriting 2,00 3,776 2.00 3,088 1.80 7,261 Facpenses(1) 1.47 2,778 L68 2,594 1.45 5,846 Management Fee 2.68 5,060 4,00 6,176_ 4.08 16,458 Total S19.00 $35, 7 $19.Q0 29,33 20,00 $80,672 (1) Breakdown as of owS: Fed Funds and Day Loan $367 Official Statement Preparation 944 Mailing and Overnight Delivery(a) 325 Clearance 944 Other 198 Total $2,778 (a) 105 x$ 2.56 14 x 14.50 42 x 0.29 AUG 28 '91 17:04 SHERRSON LEHMAH Bond Buyer 20-Year G.O. Index January 1,980 to August 1991 (Actual) September 1991 to December 1991 (Projected) 14 13 Ctu 10 9 oiected 7 6 Jan Jan Jan Jan Jan Jan Jan Jail Jan Jan Jan Jan Jan 1980 1981 1982 1983 1994 1985 1986 1987 1988 1989 1990 1991 1992 AUG C-6 '91 17: Bond Buyer 20-Year G.O. Index January 1987 to August 1991 (Actual) September 1991 to December 1991 (Projected) 9.00 &50 8.00 -- —-—--- -------------------- Actual T- % 7.50 7.00 6.50 ----------------- Jai) 1987 Jan 1988 Jan 1989 Jim 1990 Jan 1991 Jan 1992 2&Yc GOAvVPij5yn\Rf3Y0kf CITY OF KENT, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to Local Improvement District No . 336; fixing the amount, form, date, interest rates , maturity and denominations of the Local Improvement District No . 336 Bonds; providing for the sale and delivery of those bonds to Lehman Brothers in Seattle, Washington; and fixing the interest rate on local improvement district assessment installments . THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES ORDAIN as follows : Section 1 . Authorization and Description of Bonds . The total amount of the assessment roll in Local Improvement District No . 336 in the City of Kent , Washington (the "City" ) , created under Ordinance No . 2977, passed April 2 , 1991 , was $2 ,280 , 637 . The thirty-day period for making cash payments of assessments without interest in the District expired on August 13 , 1991 , and the total amount of assessments paid in cash was $392 , 559 , leaving a balance of assessments unpaid on the assessment roll of $1 , 888 , 078 . Local Improvement District No . 336 Bonds (the "Bonds" ) shall , therefore, be issued in the total principal amount of $1 , 888 , 078 . The Bonds shall be dated October 1 , 1991 , shall mature on October 1 , 2008 , and shall be numbered from 1 to 378 , inclusive, in the manner and with any additional designation as the Bond Registrar (collectively, the fiscal agencies of the State of Washington located in Seattle, Washington, and New York, New York) deems necessary for the purpose of identification. Bond No . 1 shall be in the denomination of $3 , 078 and Bonds Nos . 2 to 378, inclusive, shall be in the denomination of $5, 000 each. Interest shall be computed on the basis of a 360-day year of twelve 30-day months . The Bonds shall bear interest at the rates set forth below, payable annually beginning September 1 , 1992 : Bond Numbers Interest ( Inclusive) Amounts Rates Section 2 . Registration and Transfer of Bonds . The Bonds shall be issued only in registered form as to both principal and interest and recorded on books or records maintained by the Bond Registrar (the "Bond Register" ) . The Bond Register shall contain the name and mailing address of the owner of each Bond and the principal amount and number of each of the Bonds held by each owner . Bonds may be transferred only, if endorsed in the manner provided thereon and surrendered to the Bond Registrar . The transfer of a Bond shall be by the Bond Registrar ' s receiving the Bond to be transferred, cancelling it and issuing a new certificate in the form of the Bonds to the transferee after registering the name and address of the transferee on the Bond - 2 - Register . The new certificate shall bear the same Bond number as the transferred Bond but may have a different inventory reference number or control number . Any transfer shall be without cost to the owner or transferee . The Bond Registrar shall not be obligated to transfer any Bond during the fifteen days preceding any principal payment or redemption date . Section 3 . Payment of Bonds . Both principal of and interest on the Bonds shall be payable solely out of the Local Improvement Fund, District No . 336 (the "Bond Fund" ) , created by Section 8 of Ordinance No . 2977 and from the Local Improvement Guaranty Fund of the City, and shall be payable in lawful money of the United States of America . Interest on the Bonds shall be paid by checks or drafts mailed by the Bond Registrar on the interest payment date to the registered owners at the addresses appearing on the Bond Register on the fifteenth day of the month preceding the interest payment date . Principal of the Bonds shall be payable on presentation and surrender of the Bonds by the registered owners at either of the principal offices of the Bond Registrar at the option of the owners . Section 4 . Optional Redemption of Bonds . The City reserves the right and option to redeem the Bonds prior to their stated maturity date on any interest payment date, in numerical order, lowest numbers first, at par plus accrued interest to the date fixed for redemption, whenever there is sufficient money in the Bond Fund to pay the Bonds so called and all earlier numbered Bonds over and above the amount required for the payment of the interest on all unpaid Bonds . 3 - All Bonds redeemed under this section shall be cancelled. Section 5 . Notice of Redemption. The City shall cause notice of any intended redemption of Bonds to be given not less than 15 nor more than 30 days prior to the date fixed for redemption by first class mail , postage prepaid, to the registered owner of any Bond to be redeemed at the address appearing on the Bond Register at the time the Bond Registrar prepares the notice, and the requirements of this sentence shall be deemed to have been fulfilled when notice has been mailed as so provided, whether or not it is actually received by the owner of any Bond. Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemption unless the Bond or Bonds so called are not redeemed when presented pursuant to the call . In addition, the redemption notice shall be mailed within the same period, postage prepaid, to Lehman Brothers Division of Shearson Lehman Brothers Inc . ( "Lehman Brothers" ) at its principal office in Seattle, Washington, or its successors , and to such other persons and with such additional information as the City Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of Bonds . Section 6 . Failure to Redeem Bonds . If any Bond is not redeemed when properly presented at its maturity or call date, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity or call date until that Bond, both principal and interest , is paid in full or until sufficient money for its payment in full is on - 4 - deposit in the Bond Fund and the Bond has been called for payment by giving notice of that call to the registered owner of that Bond. Section 7 . Form and Execution of Bonds . The Bonds shall be printed, lithographed or typed on good bond paper in a form consistent with the provisions of this ordinance and State law, shall be signed by the Mayor and the Deputy City Clerk, either or both of whose signatures shall be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon . Only Bonds bearing a Certificate of Authentication in the following form, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance : CERTIFICATE OF AUTHENTICATION This bond is one of the fully registered City of Kent , Washington, Local Improvement District No . 336 Bonds described in the Bond Ordinance . WASHINGTON STATE FISCAL AGENCY Bond Registrar By Authorized Officer The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered and are entitled to the benefits of this ordinance. If any officer whose facsimile signature appears on the Bonds ceases to be an officer of the City authorized to sign - 5 - bonds before the Bonds bearing his or her facsimile signature are authenticated or delivered by the Bond Registrar or issued by the City, those Bonds nevertheless may be authenticated, delivered and issued and, when authenticated, delivered and issued, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds . Any Bond also may be signed on behalf of the City by any person who , on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds , although he or she did not hold the required office on the date of issuance of the Bonds . Section 8 . Bond Registrar . The Bond Registrar shall keep, or cause to be kept , at its principal corporate trust office sufficient books for the registration and transfer of the Bonds which shall at all times be open to inspection by the City. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred in accordance with the provisions of the Bonds and this ordinance, to serve as the City' s paying agent for the Bonds and to carry out all of the Bond Registrar ' s powers and duties under this ordinance and Ordinance No . 2418 establishing a system of registration of the City' s bonds and obligations . The Bond Registrar shall be responsible for its representations contained in the Bond Registrar ' s Certificate of Authentication on the Bonds . The Bond Registrar may become the owner of Bonds with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act - 6 - as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Bond owners . Section 9 . Bonds Negotiable . The Bonds shall be negotiable instruments to the extent provided by RCW 62A. 8-102 and 62A. 8-105 . Section 10 . Preservation of Tax Exemption for Interest on Bonds . The City covenants that it will take all actions necessary to prevent interest on the Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the City treated as proceeds of the Bonds at any time during the term of the Bonds which will cause interest on the Bonds to be included in gross income of registered owners for federal income tax purposes . The City also covenants that, to the extent arbitrage rebate requirements of Section 148 of the Internal Revenue Code of 1986 , as amended (the "Code" ) , are applicable to the Bonds , it will take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Bonds, including the calculation and payment of any penalties that the City has elected to pay as an alternative to calculating rebatable arbitrage, and the payment of any other penalties if required under Section 148 of the Code to prevent interest on the Bonds from being included in gross income for federal income tax purposes . 7 - The City certifies that it has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is a bond issuer whose arbitrage certifications may not be relied upon . Section 11 . Designation of Bonds as "Qualified Tax-Exempt Obligations . " The City has determined and certifies that (a) the Bonds are not "private activity bonds" within the meaning of Section 141 of the Code; (b) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds) which the City and any entity subordinate to the City ( including any entity which the City controls , which derives its authority to issue tax-exempt obligations from the City or which issues tax-exempt obligations on behalf of the City) will issue during the calendar year in which the Bonds are issued will not exceed $10 , 000 , 000 ; and ( c) the amount of tax-exempt obligations , including the Bonds , designated by the City as "qualified tax-exempt obligations" for the purposes of Section 265(b) (3) of the Code during the calendar year in which the Bonds are issued does not exceed $10 , 000 , 000 . The City designates the Bonds as "qualified tax-exempt obligations" for the purposes of Section 265(b) (3 ) of the Code . Section 12 . Approval of Bond Purchase Contract . Lehman Brothers of Seattle, Washington, has presented a purchase contract (the "Bond Purchase Contract" ) to the City offering to purchase the Bonds under the terms and conditions provided in the Bond Purchase Contract , which written Bond Purchase Contract is on file with the Deputy City Clerk and is incorporated herein - 8 - by this reference . The City Council finds that entering into the Bond Purchase Contract is in the City' s best interest and therefore accepts the offer contained therein and authorizes its execution by City officials . The Bonds will be printed at City expense and will be delivered to the purchaser in accordance with the Bond Purchase Contract, with the approving legal opinion of Foster Pepper & Shefelman, municipal bond counsel of Seattle, Washington, regarding the Bonds printed on each Bond. Bond counsel shall not be required to review and shall express no opinion concerning the completeness or accuracy of any official statement, offering circular or other sales material issued or used in connection with the Bonds , and bond counsel ' s opinion shall so state . The City Council has been provided with copies of a preliminary official statement dated August 20 , 1991 (the "Preliminary Official Statement" ) , prepared in connection with the sale of the Bonds . For the sole purpose of the purchaser ' s compliance with Securities and Exchange Commission Rule 15c2-12(b) ( 1) , the City "deems final" that Preliminary Official Statement as of its date , except for the omission of information as to offering prices , interest rates , selling compensation, delivery date, rating and other terms of the Bonds dependent on such matters . The proper City officials are authorized and directed to do everything necessary for the prompt delivery of the Bonds to the purchaser , including without limitation the execution of the - 9 - Official Statement on behalf of the City, and for the proper application and use of the proceeds of the sale thereof . Section 13 . Interest Rate on Assessments . The interest rate on the installments and delinquent payments of the special assessments in Local Improvement District No . 336 is revised and fixed at the rate of % per annum. Section 14 . Effective Date . This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. DAN KELLEHER, Mayor ATTEST: BRENDA JACOBER Deputy City Clerk APPROVED AS TO FORM: 0 ial Counsel 'and Bond Counsel for the Passed the day of 1991 , Approved the day of 1991 . Published the day of 1991 . I certify that this is a true copy of Ordinance No . passed by the City Council of the City of Kent , Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER Deputy City Clerk SLH-950* - 10 - LEHMAN BROTHERS RICHARD B.KING SENIOR VICE PRESIDENT August 27, 1991 Mr. L.A. McCarthy, Jr. City Treasurer City of Kent 220 Fourth Avenue South Kent, Washington 98032-5895 Re: City of Kent, Washington LID No. 336 Dear "Tony: Enclosed please find a draft Bond Purchase Contract for the upcoming sale of LID No. 336 Bonds. Please call me with any comments or questions. Very truly yours, Richard B. King RBK:kgl929k Enclosure— As above cc: Roger Lubovich Don E. Wickstrom Brenda Jacobsen George Mack Joni Ostergaard LEHMAN BROTHERS DIVISION SHEARSON LEHMAN BROTHERS INC. AN AMERICAN EXPRESS COMPANY 999 THIRD AVENUE SUITE 4000 SEATTLE.WA 98104 206 344 5838 FAA 206 344 8073 LEHMAN BROTHERS $1,888,078 City of Kent, Washington Local Improvement District No. 336 Guaranty Fund Bonds, 1991 BOND PURCHASE CONTRACT September 3, 1991 Honorable Mayor and Members of the City Council City of Kent 220 Fourth Avenue South Kent, Washington 98032-5895 Honorable Mayor and Members of the City Council: Lehman Brothers, a Division of Shearson Lehman Brothers Inc. (the "Purchaser") is pleased to offer to purchase from the City of Kent (the "Seller") all of its $1,888,078 principal amount of Local Improvement District No. 336 Guaranty Fund Bonds (the 'Bonds"). This offer is based upon the terms and conditions set forth below and in Exhibit A attached, which when accepted by the Seller shall constitute the terms and conditions of our Purchase Contract for the Bonds. Those terms and conditions are as follows: 1. Prior to the date of delivery and payment for the Bonds identified in paragraph i of Exhibit A ("Closing"), the Seller shall pass an ordinance authorizing the issuance of the Bonds (the 'Bond Ordinance") in form and substance acceptable to the Purchaser. 2. The Seller shall sell and deliver to the Purchaser, and the Purchaser shall purchase, accept delivery of and pay for the entire $1,888,078 principal amount of the Bonds, and only that amount. 3. The Seller consents to and ratifies the use by the Purchaser of the information contained in the Preliminary Official Statement relating to the Bonds, a copy of which is attached to this Purchase Contract as Exhibit B (the "Preliminary Official Statement"), in marketing the Bonds, authorizes the preparation of a Final Official Statement (the "Final Official Statement") for the Bonds containing such revisions and additions to the Preliminary Official Statement as the Finance Director and the City Attorney of the Seller deem necessary, and further authorizes the use of the Final Official Statement in connection with the public offering and sale of the Bonds. LEHMAN BROTHERS DIVISION SHEARSON LEHMA.N BROTHERS INC. A.N AMERICA\\EXPRESS COMPANY 999 THIRD AVENUE SUITE 4000 SEATTLE,WA 98104 206 34.3592 FAX 206 344 8073 4. The Seller represents, warrants to, and agrees with the Purchaser, as of the date hereof and as of the date and time of Closing, that: a. The Seller has and will have at Closing full legal right, power and authority to enter into and perform its obligations under this Purchase Contract and under the Bond Ordinance, to pass the Bond Ordinance and to sell and deliver the Bonds to the Purchaser; b. This Purchase Contract, the Bond Ordinance and the Bonds do not and will not conflict with or create a breach of or default under any existing law, regulation, judgment, order or decree or any agreement, lease or instrument to which the Seller is subject or by which it is bound; c. No governmental consent, approval or authorization other than the Bond Ordinance is required in connection with the sale of the Bonds to the Purchaser; d. This Purchase Contract, the Bond Ordinance and the Bonds (when issued and paid for by the Purchaser) are, and shall be at the time of Closing, legal, valid and binding obligations of the Seller enforceable in accordance with their respective terms, subject only to applicable bankruptcy, insolvency or other similar laws generally affecting creditors' rights and principles of equity if equitable remedies are sought; e. The Bond Ordinance shall have been duly authorized by the Seller, shall be in full force and effect and shall not have been amended except with the written consent of the Purchaser at the time of Closing; f. The Preliminary Official Statement, except as to matters corrected in the Final Official Statement which shall be available within seven days of the date this Purchase Contract is approved so that the Final Official Statement is available to accompany confirmations that the Purchaser sends to its customers in compliance with the requirements of Rule 15c2-12(b)(4) of the Securities Exchange Act of 1934, as amended, and with the requirements of Rule G-32 of the Municipal Securities Rulemaking Board, shall be accurate and complete in all material aspects as of its date with respect to information obtained from or utilized by officers and employees of the Seller in the normal course of their duties, and the Final Official Statement, which will be available to Purchaser seven days after this Purchase Contract is approved, shall be accurate and complete in all material respects as of its date and as of the date of Closing to the knowledge and belief of such officers and employees; and g. Any certificate or copy of any certificate signed by any official of the Seller and delivered to the Purchaser pursuant to or in connection with this Purchase Contract shall be deemed a representation by the Seller to the Purchaser as to the truth of the statements therein made and is delivered to the Purchaser for such purpose only. -2- S. As conditions to the Purchaser's obligations hereunder: a. From the date of the Seller's acceptance of this Purchase Contract to the date of Closing, there shall not have been any: (1) Material adverse change in the financial condition or general affairs of the Seller; (2) Event, court decision or proposed law, rule or regulation which may have the effect of changing the federal income tax exemption of the interest on the Bonds or the transactions contemplated by this Purchase Contract or the Preliminary and Final Official Statements; (3) International and national crisis, suspension of stock exchange trading or banking moratorium materially affecting the marketability of the Bonds; or (4) Material adverse event with respect to the Seller which in the reasonable judgment of the Purchaser requires or has required an amendment, modification or supplement to the Final Official Statement and such amendment, modification or supplement is not made. b. At or prior to Closing, the Purchaser shall have received the following: (1) The Bonds, in definitive form and duly executed and authenticated; (2) A certificate of authorized officers of the Seller, in form and substance acceptable to the Seller and Purchaser, to the effect: (i) that the Seller's execution of the Final Official Statement is authorized, (ii) that, to the knowledge and belief of such officers, the Preliminary Official Statement did not as of its date and Final Official Statement (collectively the Official Statements ) (including the financial and statistical data contained therein) did not as of its date or as of the date of Closing contain any untrue statement of material fact or omit to state a material fact necessary to make such statements, in light of the circumstances under which they were made, not misleading; and (iii) that the representations of the Seller contained in this Purchase Contract are true and correct when made and as of Closing; -3- (3) An approving opinion or opinions of the law firm identified in paragraph k of Exhibit A as bond counsel or from another nationally recognized firm of municipal bond lawyers (either or both of which shall be referred to as "Bond Counsel") satisfactory to the Purchaser and dated as of Closing, to the effect: (i) that the Seller is duly organized and legally existing as a city under the laws of the State of Washington with full power and authority to pass the Bond Ordinance and to issue and sell the Bonds to the Purchaser; (ii) that the Bonds are valid, legal and binding obligations of the Seller enforceable in accordance with their terms, except to the extent that such enforcement may be limited by bankruptcy, insolvency or other laws affecting creditors' rights and principles of equity if equitable remedies are sought; (iii) the sections of the Official Statement entitled "AUTHORIZATION," "SECURITY" (with the exception of the third paragraph relating to Guaranty Fund balances, the sixth paragraph in the subsection relating to Foreclosure Proceedings and the final paragraph relating to additional LIDS), "THE BONDS," "TAX EXEMPTION" and "CERTAIN OTHER FEDERAL TAX CONSEQUENCES", conform to the Bonds and applicable laws; and (iv) that assuming compliance by the City with applicable requirements of the Internal Revenue Code of 1986, as amended (the "Code"), including arbitrage and arbitrage rebate requirements, interest on the Bonds is excluded from gross income of registered owners for federal income tax purposes under existing federal law; except that interest on the Bonds received by corporations may be subject to an alternative minimum tax and, in the case of certain corporations, an environmental and/or foreign branch profits tax, and interest on the Bonds received by certain S corporations may be subject to tax; (4) A letter of Bond Counsel, dated the date of Closing and addressed to the Purchaser, to the effect that it may rely upon the opinion or opinions in subparagraph (3) above as if it or they were addressed to the Purchaser; (5) A certificate of authorized officers of the Seller to the effect that no litigation is pending, or to the knowledge of the Seller threatened, against the Seller in any court: (i) to restrain or enjoin the sale or delivery by the Seller of the Bonds; (ii) in any manner questioning the authority of the Seller to issue, or the issuance or validity of, the Bonds; (iii) questioning the constitutionality of any statute, ordinance or resolution, or the validity of any proceedings, authorizing the issuance of the Bonds; (iv) questioning the validity or enforceability of the Bond Ordinance; (v) contesting in any way the completeness, accuracy or fairness of the Official Statements; (vi) questioning the titles of any officers of the Seller to their respective offices or the legal existence of the Seller under the laws of the State of Washington; or (vii) which might in any material respect adversely affect the transactions contemplated herein and in the Official Statements to be undertaken by the Seller; -4- (6) A certificate signed by authorized officers of the Seller to the effect that the officers of the Seller who signed or whose facsimile signatures appear on the Bonds were on the date of execution of the Bonds the duly elected or appointed, qualified and acting officers of the Seller and that their signatures are genuine or accurate facsimiles; (7) A certificate of authorized officers of the Seller to the effect that the Seller has not been and is not in default as to principal or interest payments on any of its bonds or other obligations, and has not failed to honor the provisions of any law providing for the restoring of a debt service reserve fund to required levels; (8) A certificate of authorized officers of the Seller to the effect that, from the respective dates of the Official Statements and up to and including the date of Closing, the Seller has not incurred any material liabilities direct or contingent, nor has there been any material adverse change in the financial position, results of operations or condition, financial or otherwise, of the Seller, except as described in the Official Statements; (9) A certified copy of the Bond Ordinance; (10) A definitive copy of the Final Official Statement, signed on behalf of the Seller by the City Finance Director; (11) A non-arbitrage certificate signed by an authorized officer of the Seller; (12) A certified copy of this Purchase Contract; and (13) Such additional legal opinions, certificates, instruments and documents as the Purchaser may reasonably request to evidence the truth, accuracy and completeness, as of the date hereof and as of the date of Closing, of the representations and warranties contained herein and of the statements and information contained in the Official Statements and the due performance by the Seller at or prior to Closing of all agreements then to be performed and all conditions then to be satisfied by the Seller. 6. The Seller shall pay the fees and disbursements of Bond Counsel, and the Seller's other consultants and advisors, and the costs of preparing, printing, executing and registering the Bonds. The Purchaser shall pay the costs of preparing, printing and distributing the Final and Preliminary Official Statements (except in the circumstances and to the extent set forth in paragraph 7 hereof), the fees and disbursements of the Purchaser's counsel, if any, the printing and filing of blue sky and legal investment surveys, where necessary, the Purchaser's expenses relative to Closing, including the cost of federal funds, and the Purchaser's travel expenses. -5- 7. If, during the period ending on the earlier of October 15, 1991, or the date on which the Purchaser shall have completed the distribution and delivery to the public of all of the Bonds, any material adverse event affecting the Seller or the Bonds shall occur which results in the Final Official Statement containing any untrue statement of a material fact or omitting to state any material fact necessary to make the Final Official Statement, or the statements or information therein contained, in light of the circumstances under which they were made, not misleading, the Seller shall notify the Purchaser and, if in the opinion of the Seller and the Purchaser such event requires a supplement or amendment to the Final Official Statement, the party whose omission, misstatement or changed circumstance has resulted in the supplement or amendment will at its expense supplement or amend the Final Official Statement in a form and in a manner approved by the Seller and the Purchaser. 8. Any notice or other communication to be given to the Seller under this Purchase Contract shall be given by delivering the same in writing to its respective address set forth above. Any notice or other communication to be given to the Purchaser under this Purchase Contract shall be given by delivering the same in writing to Lehman Brothers, 999 Third Avenue, Suite 4000, Seattle, Washington 98104-4021 (Attention: Richard B. King, Senior Vice President, Public Finance). 9. Upon acceptance of this Purchase Contract, this Purchase Contract shall be binding upon the Seller and the Purchaser. This Purchase Contract is intended to benefit only the parties hereto. The Seller's representations and warranties shall survive any investigation made by or for the Purchaser, delivery and payment for the Bonds, and the termination of this Purchase Contract, except that such representations and warranties contained in the Official Statement shall not survive if Purchaser becomes aware that the facts contained in the Official Statement are incorrect or misleading and Purchaser fails to advise Seller of such incorrect or misleading statements. Should the Purchaser fail (other than for reasons permitted in this Purchase Contract) to pay for the Bonds at Closing, the amount set forth in paragraph n of Exhibit A shall be paid by the Purchaser as liquidated damages in full, and costs shall be borne in accordance with Section 6. Should the Seller fail to satisfy any of the foregoing conditions or covenants, or if Purchaser's obligations are terminated for any reason permitted under this Purchase Contract, then neither the Purchaser not the Seller shall have any further obligations under this Purchase Contract, except that any expenses incurred shall be borne in accordance with Section 6. -6- 10. This offer expires on the date set forth in paragraph m of Exhibit A. Respectfully submitted, LEHMAN BROTHERS Richard B. King Senior Vice President Public Finance - Seattle ACCEPTED by the City of Kent, Washington, this th day of September, 1991. CITY OF KENT, WASHINGTON By Dan Kelleher, Mayor ATTEST: By Marie Jensen RBK:cs0084C Enclosures -7- EXHIBIT A DESCRIPTION OF BONDS a. Purchase Price: $_ per $_ par value, or $ which reflects an underwriting discount of $ , plus accrued interest from October 1, 1991 to the date of Closing. b. Denominations: $5,000 except for Bond No. 1, which shall be in the denomination of $3,078. c. Dated Date: October 1, 1991. d. Form: Fully registered with privileges of exchange at the expense of the Seller. e. Interest Payable: Interest will be payable annually on each October 1, beginning October 1, 1992. f. Maturity Schedule: Bonds shall mature on October 1, 2008, and shall bear interest at the rates set forth below: Bond Interest Bond Interest Nos. Amount Rate Nos_ Amount Rate 1-27 $133,078 % 179-203 $125,000 % 28-53 130,000 204-228 125,000 54-78 125,000 229-253 125,000 79-103 125,000 254-278 125,000 104-128 125,000 279-303 125,000 129-153 125,000 304-328 125,000 154-178 125,000 329-353 125,000 354-378 125,000 g. Net Interest Cost: Average Interest Rate: Assessment Rate: h. Redemption: The Seller reserves the right to redeem the Bonds on any annual principal and interest payment date at 100% of par plus accrued interest to the date of redemption. i. Location and Estimated Closing Date: Seattle, Washington, October 1, 1991. j. Required Ratings of Bonds: None. k. Bond Counsel: Foster Pepper & Shefelman. 1. Method of Payment: Federal Funds draft or wire. In. Offer Expires: September 3, 1991, 11:59 p.m. n. Liquidated Damages: $2,000. RBK:cs0084C � Kent City Council Meeting Date September 3 , 1991 Category Other Business 1. SUBJECT: EXTENSION OF UTILITY SERVICES 2. SUMMARY STATEMENT: The Public Works Committee has recommended that a resolution making a limited exception to the moratorium imposed by Resolution No. 1275 on the Cify's extension of sewer and water services to properties outside the City limits be forwarded to Council without a recommendation. This item is also scheduled for discussion by the Planning Committee at their September 3 meeting. j' 3 . EXHIBITS: Proposed resolution and excerpt from Public Works Committee minutes 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds r DISCUSSION• ACTION• Council Agenda Item No. 4BX Public Works Committee August 20, 1991 Page 3 Milton from WSDOT stated he felt they have done what they could to adjust the signal timing. He stated he didn't think it would be a problem to use the shoulder for a right turn. After considerable discussion, Don Wickstrom stated he would review the situation to determine if further changes need . to be made. Mr. Nizlek stated he was curious about the status of the effectiveness of the turn restrictions at S.W. 212th at Frager and Russell Roads. Ed White stated that a significant reduction in accidents has . occurred. He stated he would like to monitor the effectiveness of the turn restrictions a bit longer before having to install the islands as recommended by Mr. Nizlek as those islands do pose difficulties for emergency vehicles. Extension of Utility Services Copies of the proposed resolution were distributed to the Committee. Jim White stated this proposal resulted from the annexation proposal that was submitted to the Council a couple of weeks ago. Orr stated she was still concerned about opening it up. If we allow service for one project then we would have to allow for others. There is no guarantee an annexation will go through. Wickstrom stated that currently if there were a request for utility service for anything greater than .a single family residence on an existing lot in the Kent school district, the County would probably deny the request based on their school capacity ordinance. The school district would indicate they do not have the capacity; thus, the development could not take place. This would apply to plats and rezones. Orr asked what would happen if the property was already zoned for multifamily. Wickstrom stated there is one 5- acre parcel in this proposed annexation that is zoned for multifamily. It was clarified that if the annexation is approved that property would come into the City as R1-20, 000 until the City sets the zoning. Dowell suggested this resolution be sent to the Council without a recommendation. Morris pointed out that paragraph C had been changed from the resolution presented at the last Committee meeting. That change was an attempt to address the concerns Leona Orr had expressed. Wickstrom stated it required the property would have to have submitted a 10% petition and we would have to have sufficient outstanding covenents representing 60% of the valuation. Jim White suggested that Leona review the zoning with the Planning Committee. The Committee unanimously recommended sending this to the Council without a recommendation. Leona Orr stated she would be adding this resolution to the Planning Committee agenda. RESOLUTION NO.- A RESOLUTION of the City Council of the City of Kent, Washington, making a limited exception to the moratorium imposed by Resolution No. 1275 on the City' s extension of sewer and water services for develop- ment purposes to property located outside of the City' s corporate limits. WHEREAS , the Growth Management Act requires King County r c ;to- consult with .the City of Kent to ,designate the location of the City' s "urban growth areas, " beyond which annexation by the City may not occur (RCW 36 . 70A. 110) ; and WHEREAS, although this process is not complete, King County has preliminarily identified and designated " ' interim' urban growth areas ; " and WHEREAS, the City has also identified and designated areas outside of its corporate limits that lie within the City ' s potential "sphere of annexation, " and overlay the County' s " ' interim' urban growth areas ; " WHEREAS, Resolution No. 1275 imposed a moratorium on the City ' s extension of water and sewer services to property outside of the City' s corporate limits for development purposes because, at the time of adoption of that resolution, the City had no clear direction on where the County would place the boundaries of the urban growth areas; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1 . Effective immediately, the City of Kent will accept applications from property owners for the extensions of water and/or sewer service for the purpose of development, platting, short platting and/or rezoning, to any property located outside of the City' s corporate limits under the following limited circumstances: A. The property which will receive the water or sewer service must be located within the area designated by the County to be the interim urban growth area for the City of Kent; and B. The property which will receive the water or sewer service must be located within the area designated by the City of Kent to be within its potential sphere of interest for annexation; and C. The owners of the property which will receive the water or sewer service shall have submitted a ten percent (10%) petition for annexation to the City prior to the time the application for utility extension is made and further, such owners must be included in -an area that has, by agreement, at least sixty percent (60%) Support for the proposed annexation by the City of Kent under terms and conditions established by the Public Works Department, consistent with Kent City Code Chapter 4 . 22 . Section 2 . The moratorium imposed on water and sewer services in Resolution 1275 for circumstances and property not described in Section 1 above shall remain in effect until such time as the "urban growth areas" are designated by King County, and any 2 appeals of the City therefrom are resolved, pursuant to RCW 36 .70A. 110 . Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1991. Concurred in by the Mayor of the City of Kent, this day of 1991. DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, DEPUTY CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of 1991 . (SEAL) BRENDA JACOBER, DEPUTY CITY CLERK sewer. res 3 Kent City Council Meeting Date September 3 . 1991 Category Other Business `0 1. SUBJECT: EAST HILL ANNEXATION 2 . SUMMARY STATEMENT: The signatures on the 10 percent petition have been verified. It is recommended that October 1 be set as the date for a public meeting with the petitioners. 3 . EXHIBITS: Memorandum from Public Works Director and annexation area map 4 . RECOMMENDED BY (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO �( YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember " moves, Councilmember L ti v _seconds that October 1 be set as the date for a public meeting with petitioners for East Hill annexation and ;, that the matter be referred to the Public Works Committee for a recommendation. DISCUSSION: .l ACTION• Council Agenda Item No. 4C X DEPARTMENT OF PUBLIC WORKS August 29, 1991 TO: Mayor Kelleher farad City Council FROM: Don Wickstrom� kj RE: East Hill Annexation On August 6th, the City Council was presented with an annexation petition. The Public Works Department has verified that the signatures thereon represent approximately 14% ($5,740, 165) of the total assessed value ($40, 701,706) of the proposed annexation area. In accordance with State law, the next step would be to hold a public meeting with the petitioners. At the meeting, Council would determine whether to accept, reject or geographically modify the proposed annexation. Also, whether to require the assumption of all or any portion of the City' s existing indebtedness. State law requires that the public meeting be held within 60 days of receipt of the annexation petition. As such, the Public Works Department recommends that Council hold said public meeting at their regularly scheduled October 1st Council meeting. This is the last Council meeting by which Council action must occur on this matter. In the interim period, Council may want to refer the matter to the Public Works Committee for a recommendation thereon. For Council ' s convenience, enclosed is the following pertinent information: a) Annexation Procedural Summary; b) Map of proposed annexation area denoting proposed boundary thereof, outstanding annexation agreements and properties who have executed the 10% petition; C) Map denoting existing County zoning for the area; d) Tables 1-3 reflecting financial impact to the City; e) Table 4 reflecting financial impact to residences within the area. ANNEXATION BY PETITION METHOD Procedural Summary 1) Receipt of a petition for annexation signed by property owners therein representing 10% of the assessed value thereof. 2) City verifies that the signatures represent 10% of the assessed value of the proposed annexation area. 3) Within 60 .days of receipt of ,a petition, Council must hold a public meeting with the petitioners. The purpose thereof is to determine whether to accept, reject or geographically modify the proposed annexation. Also, whether to require the assumption of all or any portion of the City' s existing indebtedness and, if so, the meeting minutes and the authorized petition shall clearly denote same. 4) Upon Council approval of the proposed annexation boundary and indebtedness issue, the petitioner' s circulate the 60% petition for signatures. 5) Council receives the authorized annexation petition signed by property owners therein representing 60% of the assessed value thereof. 6) City validates that the signatures represent 60% of the assessed value of the proposed annexation area. 7) Requirements of the State Environmental Policy Act (SEPA) are satisfied. 8) Proposed annexation is submitted to Boundary Review Board for their review and approval. 9) After receipt of Boundary Review Board approval, Council holds a public hearing on adoption of ordinance annexing the area to the City. sexing area is filed with King County. 0-2 e: z `f TABLE 1 Proposed Annexation Estimated.Annual Revenue Impact at Present Development Level FUND/REVENUE General: General Property Tax @3 . 064491 $ 124 , 730 Elec. & Nat. Gas Util. Tax @3 . 5% 6, 542 Water Utility Tax @3 . 5% 11130 Sewer Utility Tax @3 . 5% 11133 Drainage Utility Tax @3 . 5% 1, 109 Phone Utility. Tax @3 . 5% 1, 349 Garbage Utility Tax @3 . 5% 759 Auto Excise 9 , 740 Liquor Excise 2 , 057 Liquor Profits 5 , 632 Total General Fund $ 153 , 181 Street: Vehicle Registration Fee' $ 51720 Gas Tax @20. 24 Per Capita 4 , 065 Total Street Fund $ 9 , 785 Environmental: Garbage Utility Tax @3 . 0$4 $ 707 Water: Loss of Revenue Due to Rates $ (71089) Storm Drainage: Revenue Due to Annexation $ 3 , 122 Total Estimated Revenue Impact $ 169, 491 1) Includes City's Excess Levy 2) Can only be used for capital improvements on streets 3) Council has reserved about one-third for corridor improvements and one-half the remaining balance is restricted for capital improvements on the arterial system. The remainder is available for M&O but traditionally Council utilized all the gas tax money for street improvements. 4) Presently reserved for recycling expenses, consultant services for landfill oversight and reserve for landfill remedial action responsibility. 5) City' s outside water rate is 22% higher than rate for inside. TABLE 2 Proposed Annexation Estimated Annual Expense at Present Development Level Area (acres) 608 . 5 Population (estimate) 982 Street (miles) 4 . 81 Assessed Value ($1, 000) 401701 Operational Cost Immediate Annual Street Paving/Oiling Program $ 62 , 400 $ 20, 0001 Road Maintenance 27 , 500 Signs & Pavement Marking 420 21050 Vegetation Management 2 , 500 91970 Street Lighting 240 5, 491 . $ 65 , 560 $ 65, 011 Drainage $ 9 , 450 Recycling Program 402 Police' 48 , 034 Fire` 49 , 500 $ 65 , 560 $172 , 397 a) Projected that in 5 years $100, 000 (today' s cost) will be needed for overlaying. b) Based on a Police-developed cost estimate of $204 . 40 (1990 $) per call for service. C) Fire District #37 presently services the area. As such, these figures reflect the replacement of the lost revenue to the District and no service level change. The Fire Chief estimated another $370, 000 would be required to deliver a more appropriate level of service. TABLE 3 SUMMARY REVENUE VS EXPENSES EXPENSE REVENUE NET Annual General Fund Street $ 65, 011 Police 48, 034 Fire 49 , 500 $162, 545 $153 , 181 $ (91364) Recycling Program $ 402 $ 707 $ 305 Drainage $ 9 , 450 $ 31122 $ (61238) Water $ 0 $ (7 , 089) $ (7 , 089) TOTAL $ (22 , 386) One Time Only Street $ 65, 560 $ 11355 Street Capital $ 8 ,430 TABLE 4 Approximate Tax Comparison for Annexation East Hill Area Actual 1991 Levy Rates Paid City County Property Taxes Total Total Difference State 3.38348 3.38348 0 County 1.73030 1.73030 0 County Road District 1.48207 (1.48207) City Regular Levy 2.52618 2.52618 City Voted Excess Levy GO Bonds 0.41558 0.41558 Fire District #37 1.21540 (1.21540) Library 0.48921 (0.48921) Hospital 0.17485 0.17485 0 Kent SD f415 4.35283 4.35283 0 Port of Seattle 0.32332 0.32332 0 EMS 0119911 0.19911 0 SUBTOTAL 13.10565 13.35057 (0.24492) Property Taxes for $100,000 Home $ 1;310.-57 $ 1,335.06 $ (24.49) Utility Taxes Yearly Avg Billing City Yrly County Tax Yrly Tax Difference Elec/Nat Gas $ 924.00 $ 32.34 0 $ 32.34 Phone 186.36 6.52 0 6.52 Water 115.32 4.04 0 4.04 Sewer 230.40 8.06 0 8.06 Drainage 27.00 0.95 0 0.95 Garbage 108.00 7.02 0 7.02 T 0 t a 1 Aver.ag.e Utility $1,591.08 $ 58.93 0 $ 58.93 DUE TO ANNEXATION City County Total Total Difference Reduction in Water ( 32.89) ( 32.89) Rates Drainage Utility Charge 27.00 27.00 S u r f a c e W a t e r Management Fee 29.89 ( 29.89) Total Due to Annexation ( 5.89) 29.89 ( 35.78) TOTAL PROPERTY TAX, UTILITY TAX & OTHER 1,363.60 $1,364.95 ( 1.34) Additional Savings 0 Drainage: County's rate is to increase to $86-100 per year. Kent's rate is a function of the drainage basin. As such, it will be between $21-53 per year. Minimum savings $33-65 per year. 0 Free Residential Recycling Service / �' j% /.%�"%/ jj%/�%/!G/ 9,lrj��//j/��i�i./2%/ 1, r�!//f/ii//� ., u���%Y�%�//�/�1 - �., •� ~.'..�" C ! l r; "V / AM- fff "Wo • 1 ' •1 ::ilY a ; 1 r ��� i �i E I 1 1 r' .�•rZ MD D I RM 24 10, SR (*,,2400) SR 7200 RM A _4 ft rA T SR 9 IL T SR 7209- ; T_ % SR (16,000) ... PT co 0 T F-T T_ A A 4 4 u Ls U u, Cr ____q Q/Tspa hA 5joQ0 00 -u� oy 1. T­7..... jRS — 15,000 Pkop'OSA�.BPUIN Affp, a i i 0 t 4 + — A -+r-4 o 9,�9 I �' .—..— - 6 .i�—..Lo�Q yT 7. +��IF�r��` 0+� J,IIb� 'cJ: - of ��� j".� +1 i Taj L_21 - PROPOSED ANNEXATION- EXISTING KING COUNTY ZONING DESIGNATIONS ZONING DESIGNRTION AREA (RCRES) ------------------ ------------ RD 3600 17.5 Fim Isoop 16.9 RM 2400 6.7 NORTH 135 - 15,000 118.9 EXISTING CITT LIMITS SO (15,000) 134.9 SA (RM 24001 33.5 SR 7200 160.6 SA 9600 100.7 .p q Kent City Council Meeting Date September 3. 1991 Category Other Business 1. SUBJECT: 196TH CORRIDOR 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee and IBC, authorization for the budget change to transfer $150, 000 from the Street CIP Fund to the 196th Corridor Fund in order to proceed with acquisition of property. 3 . EXHIBITS: IBC note, excerpt form Public Works Committee minutes 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL PERSO L IMPACT: NO YES _ FISCAL/PERSONNEL NOTE: ecommended Not Recommended 6. EXPENDITURE REQUIRED:/' $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: �'.2,[ Councilmember ��. move4, Coif4i3.I�er seconds(-{ �V' to authorize the budget change to transfer $150, 000 from the Street CIP Fund to the 196th Corridor Fund in order to proceed with the acquisition of property. DISCUSSION• ACTION: Council Age da Item No. 4Drx MILLER,MAYENE / KENT70/FN - HPDesk print. ----------------------------------------- Sr• j ect: 196TH CORRIDOR TRANSFER - FISCAL NOTE C. Ltor: Mayene MILLER / KENT70/FN Dated: 08/19/91 at 1611. PUBLIC WORKS HAS REQUESTED AUTHORIZATION TO TRANSFER $150, 000 FROM THE STREET FUND TO THE 196TH CORRIDOR PROJECT. THE FUNDS HAVE BEEN RESERVED SINCE MARCH OF 1989 FOR THE ACQUISITION OF PROPERTY. THIS IS NOT THE COMPLETE COST, BUT THE OTHER FUNDS HAVE ALREADY BEEN SET ASIDE IN THE 196TH PROJECT BUDGET. IBC RECOMMENDS APPROVAL OF THE BUDGET CHANGE TO TRANSFER $150, 000 FROM THE STREET FUND TO THE 196TH CORRIDOR PROJECT. THE FUNDS FOR THIS PROJECT HAVE ALREADY BEEN INCLUDED IN THE BUDGET ESTIMATES. THIS ALSO MEETS A TOP COUNCIL & PUBLIC PRIORITY. Public Works Committee August 20, 1991 Page 4 196th Corridor Wickstrom explained we have been attempting to acquire a particular parcel since 1989 and have had funds reserved since that time. It appears we are now close to settlement and we are requesting authorization to transfer the funds from the Street CIP to the project. The Committee unanimously approved the request. Water Crossing S. 222nd - Condemnation for Right of Way Wickstrom explained we have a water main from North 4th going east to the railroad tracks and a water main on 222nd going west to the railroad tracks. We are proposing to tie the two together which would eliminate a severe water hammer problem we have at Liquid Air plant. We have been negotiating with the railroad but they are only wil:ling to give the City a permit which does not give us any permanE�'& rights. We are requesting authorization to proceed with condemnation should we not be able to reach agreement with Burlington Northern. The Committee unanimously approved the request. Underground Storage Tanks Removal and Installation of Above Ground Tanks Wickstrom explained we had previously awarded this project but the contractor was unable to obtain the proper insurance. We rescinded the bid and readvertised the project. The low bid received on the second ad was $7, 300 higher than previous. Wickstrom stated we are mandated by Federal law to remove the tanks; thus, he requested transferring the additional funds from the unencumbered water and sewer utility funds and to award the project. The Committee unanimously recommended approval . 1 4.i x�1 Kent City Council Meeting Date September 3 , 1991 Category Other Business 1. SUBJECT: WHEELCHAIR BASKETBALL CHALLENGE 2 . SUMMARY STATEMENT: The Kent Knightriders (wheelchair basketball team) has challenged the Mayor and Kent City Council to a wheelchair basketball game. Jim Hernandez, coach/player, attended the August 27th Parks Committee meeting and presented the challenge. Proceeds from the event will be divided among three organizations. They are: Special Populations Scholarship Fund, a youth club from Kent-Meridian High School and the Kent Knightriders. The game has been scheduled for Wednesday, October 23 at Kent-Meridian High School, 7 p.m. A practice and photo session will be scheduled one week before the game. Council will be notified of the date and time after the gym usage has been confirmed. 3 . EXHIBITS• 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL ERSONNEL IMPACT: NO ></ YES FISCAL PERSONNEL N E: Recommended Not Recommended 6. EXPENDITURE REOUIRE $ SOURCE OF FUNDS* 7 . CITY COUNCIL ACT ON: r,J Councilmember { moves, Councilmember CLbL1ti seconds acceptance of the Knightriders vs. Mayor and City Council Wheelchair Basketball Challenge. {1 DISCUSSION• ACTION: Council Agenda Item No. 4E X Kent City Council Meeting Date September 3 . 1991 Category Bids 1. SUBJECT: UNDERGROUND STORAGE TANK REMOVAL AND INSTALLATION OF ABOVE GROUND TANKS 2 . SUMMARY STATEMENT: Bid opening was held on August 8 with three bids received. The low bid was subm�it�te;�d,., by CEcon i4 Corporation in the amount of $61, 376.45. �" recommendQ4 and that $3,212 be transferred from the unencumbered sewer utility funds and $4, 088 from the unencumbered water utility funds and the project be awarded to CEcon. 3 . EXHIBITS: IBC note, memorandum from Public Works Director and bid summary 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommendedd a)N\ Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: " j i ) 2 Councilmember_ I ' , �� moves, Councilmember (S( seconds that $3 ,212 be transferred from the unencumbered sewer utility and $4, 088 from the unencumbered water utility and the project awarded to CEcon for the bid amount of $61, 376.45. DISCUSSION• i ACTION: Council Agenda Item No. 5A J� MILLER,MAYENE / KENT70/FN - HPDesk print. ----------------------------------------- S:?hject: UNDERGROUND TANK PROJECT - FISCAL NOTE C itor: Mayene MILLER / KENT70/FN Dated: 08/19/91 at 1600. PUBLIC WORKS IS REQUESTING AUTHORIZATION TO INCREASE THE UNDERGROUND TANK PROJECT BY $7, 300. THE PROJECT WAS BID IN FEBRUARY & WAS RESCINDED DUE TO INSURANCE COVERAGE. THEY WOULD LIKE TO AWARD THE CONTRACT TO CECON AS THE LOW BID AT THE SECOND BID OPENING. WATER WOULD CONTRIBUTE $4, 088 & SEWERAGE $3, 212 FROM UNENCUMBERED FUNDS. IBC RECOMMENDS APPROVAL OF THE BUDGET CHANGE AS SUGGESTED SINCE THE TANK REMOVAL IS MANDATED. DEPARTMENT OF PUBLIC WORKS August 29, 1991 TO: Mayor Kelleher and City Council FROM: Don Wickstrom__-atJ RE: Underground Storage Tank Removal and Installation of Above Ground Tanks Bid opening was August 8 with the low bid . submitted by CEcon Corporation in the amount of $61, 376. 45 . This project will remove underground fuel storage tanks and install aboveground fuel storage .tanks at. the Linda Heights Pump Station, Meadow Hills Pump Station, Pump Station #5 and Pump Station #4A. Replacement of these tanks is mandated by Federal law relating to underground petroleum storage tanks. We had previously awarded this project but the contractor was unable to obtain the necessary insurance; thus, the award was rescinded and the project readvertised. The low bid received at this bid opening is $7, 300 higher than previously received. Because of the need to proceed with the project, we are recommending that $3 , 212 be transferred from the unencumbered sewer utility funds and $4 , 088 transferred from the unencumbered water utility funds to this project and that we award to CEcon Corporation for the bid amount of $61, 376 . 45 . BID SUMMARY CEcon Corporation $ 61, 376. 45 Cope Construction $ 98 , 938 . 08 Burlington Environmental Chempro Division $116, 094 . 28 Engineer' s Estimate $ 55, 000. 00 j Kent City Council Meeting r " Date September 3 1991 ✓(' - � Category Bids i 1. SUBJECT: CANYON DRIVE LEFT TURN LANES AND GUARDRAIL REHABILITATION 2 . SUMMARY STATEMENT: Bid openirlig was held on August 19. Two bids were submitted with a low/of $726, 074 submitted by D. A. Zuluaga Construction. Upon review of the bids, it is recommended that $154 , 000 be transferred from the 72nd Avenue Advanced Acquisition Fund to this project and that the contract be awarded to D. A. Zuluaga Construction. 3 . EXHIBITS: IBC note, memorandum from the Public Works Director and bid summary 4 . RECOMMENDED BY: (Committee, Staff, Examin6r, Commission, etc. ) 5. UNBUDGETED FISCAL PERSO EL IMPACT: NO YES _ FISCAL/PERSONNEL NOTE: ecommendedi/ Not Recommended r 6. EXPENDITURE REQUIRED: SOURCE OF FUNDS- 7 . CITY COUNCIL ACTION:V Councilmember moves, Councilmember 'LCIu seconds that $154 , 000 be transferred fro the 72nd Avenue Advance Acquisition Fund and the contract awarded to D. A. Zuluaga Construction for the bid amount of $726, 074. DISCUSSION• 1,� ACTION• 1 Council Agenda Item No. 5B x MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- S, v)ject: CANYON DRIVE TURN LANES & GUARDRAILS - FISCAL NOTE C. itor: Tony MCCARTHY / KENT70/FN Dated: 08/29/91 at 1701. THE PUBLIC WORKS DEPARTMENT IS REQUESTING AUTHORIZATION TO REALLOCATE $154,000 FROM THE 72ND AVENUE ACQUISITION PROJECT TO THE CANYON DRIVE LEFT TURN LANE & GUARDRAIL PROJECT. THE AUGUST 19TH LOW BID OF $726, 074 PLUS OTHER PROJECT COSTS WILL REQUIRE THE ADDITIONAL $154, 000. THEY NOTED THAT ONLY TWO BIDS WERE RECEIVED, BOTH WITHIN $10, 000 OF EACH OTHER SO IT IS NOT EXPECTED THAT REBIDDING WOULD PRODUCE ANY LOWER BIDS. THE 72ND AVENUE PROJECT HAS BEEN DELAYED AS THE SITE HAS BEEN DISCOVERED TO BE CONTAMINATED AND IS SUBJECT TO CLEANUP. THE 72ND AVENUE PROJECT WILL BE REBUDGETED WITH THE MIDDLE SECTION OF THE 196TH CORRIDOR PROJECT. A $7, 000, 000 GRANT WILL BE RECEIVED IN OCTOBER FOR THE MIDDLE SECTION OF THE 196TH CORRIDOR. LID'S AND MATCHING FUNDS ARE PLANNED TO BE USED FOR 72ND AVENUE. IBC RECOMMENDS REALLOCATION OF $154, 000 FROM THE 72ND AVENUE PROJECT TO THE CANYON DRIVE PROJECT SINCE THIS PROJECT IS READY AND IS ALSO A HIGH COUNCIL PRIORITY. THEY NOTED THIS TRANSFER IS BEING RECOMMENDED WITH THE REASSURANCE THAT THE 72ND AVENUE PROJECT WILL NOT BE JEOPARDIZED. DEPARTMENT OF PUBLIC WORKS August 29, 1991 TO: Mayor Kelleher and City Council FROM: Don Wickstroml'uuJ RE: Canyon Drive Left Turn Lanes and Guardrail Rehabilitation D.A. Zuluaga Construction, Inc. submitted the low bid in the amount of $726, 074 . for this project at bid opening on August 19 . The project will widen Canyon Drive and provide left turn lanes from Hazel to Weiland and replace guardrail from the vicinity of 94th to 100th. Construction costs are estimated to be $798, 681. Because the estimated construction cost exceeds the project budget, we are proposing to transfer $154 , 000 from the 72nd Avenue Advanced Acquisition fund to this project and to award the contract to D.A. Zuluaga Construction for the bid amount of $726, 074 . BID SUMMARY D.A. Zuluaga Construction $726, 074 . 00 Klokstad Construction $735 , 714 . 80 Engineer' s Estimate $651, 606 .70 CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT / B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE r i E. PUBLIC SAFETY COMMITTEE F. PARKS COMMITTEE G. ADMINISTRATIVE REPORTS OPERATIONS COMMITTEE MINUTES August 13, 1991 COUNCIL MEMBERS PRESENT: Christi Houser, Chair, Operations Committee Jon Johnson, Operations Committeemember STAFF PRESENT: Ed Chow Alana McIalwain Roger Lubovich Mayene Miller Brenda Jacober Lynda Anderson Jan Banister Charlie Lindsay MEMBERS OF THE PUBLIC: Bill Doolittle Paul Morford The meeting was called to order at 4:50 p.m. by Chairperson Christi Houser. Approval of Vouchers All claims for the period ending July 31, 1991 were approved for payment in the amount of$2,396,977.88. Puget Sound Regional Council Agreement Amendment Roger Lubovich said the City recently received a proposed amendment to the interlocal agreement replacing the Puget Sound Council of Governments with what is currently called the Puget Sound Regional Council. The proposed amendment to the interlocal agreement would modify the voting structure, establishing a weighted votes system which increases King County's votes on the Council and decreases somewhat the suburban cities' votes. Mr. Lubovich also mentioned that the amendment to the original interlocal agreement was complicated by the fact that Mayor Kelleher did not sign that agreement. Since Suburban Cities Association is scheduled to meet Aug. 14th, and more information will be available, the Committee decided to postpone the item and bring it to the next Operations Committee meeting. Code Amendment for City Clerk and Other Offices Roger Lubovich reported that in an effort to implement a transfer of the City Clerk's Office from the Finance Department to the"Office of the City Clerk" reporting to Administration (in response to the Warner Group management study), it would be necessary to update City Code with an amendment to correct the current structure of the City. 1 Mr. Lubovich recommended that in order to implement the transfer of the City Clerk to an "Office of the City Clerk" reporting to Administration, that we amend the ordinance to include establishing the Director of Finance and Personnel, formally establish the Human Resources Department, Finance Department, and Information Services Department. contemplated with regard to the City Clerk's office. After discussion, a motion was made and seconded and the Committee voted in favor of the amendment and recommended that it be added to "other business" on the next City Council agenda. Ordinance Amending Economic Development Council Board of Directors Appointments Roger Lubovich reported that it has been brought to our attention that appointment of directors on the board of the Economic Development Corporation (EDC) has been technically incorrect. According to the Attorney General's opinion, councilmember directors of an Economic Development Corporation cannot be appointed by the City Council through discretionary appointments. Councilmembers may serve as directors on the EDC as long as some other mechanism for placement on the board is utilized rather than discretionary appointments by the Council. One mechanism suggested to correct the situation was the "most senior members" of the Council. Mr. Lubovich presented a draft ordinance, presented at the recent EDC board meeting, which amends the current ordinances establishing the EDC and utilizes the "three most senior" members of the Council for its appointment to the board. The ordinance includes cleanup modifications and provides for a provision updating the EDC's charter to reflect the amendments regarding the appointment process of councilmembers. Jon Johnson suggested that modifications to the document be made to direct the Mayor to make appointments with confirmation by the Council. A motion was made and seconded to accept the ordinance with the suggested modification and it passed unanimously. The meeting was adjourned at 4:56 p.m. 2 PUBLIC WORKS COMMITTEE AUGUST 20, 1991 PRESENT: Jim White Carol Morris Leona Orr Gary Gill Steve Dowell Ed White Don Wickstrom Mayene Miller Mr. and Mrs. Rust; Marty Nizlek; Russ Stringham; Don Rust; Norton Posey; John Milton; Dennis Clark; John Shaw; Ethel Vodder; Delyte Tharp; Ed Tharp; Bill Doolittle; Lyle Price Dennis Clark Concerns - Flooding on Woodford Mr. Clark addressed the Committee concerning the flooding from Mill Creek in the Woodford Avenue area. He commented that when the creek was dredged four years ago, the soil from the dredge was moved up on the easterly side of the creek making it higher than their side. Don Wickstrom presented a video of the flooding that occurred in January of 1990 and in April of 1991 demonstrating the effects that .the Upper Mill Creek Detention System has. He explained that the recent improvements to this system increased the storage from 15 acre feet to 90 acre feet. Wickstrom explained that Mill Creek is maintained by Drainage District #1 and the City has no authority or easement rights to do anything to that channel. Gill stated that the City had met with the Drainage District last week and the District is developing a long range plan for their whole system trying to prioritize the maintenance. Difficulties they are facing now are getting the permits from DOE and Fisheries, disposing of the spoils, etc. Wickstrom reviewed the drainage improvement programs that are proposed for the next six years and the problems with permitting, spoil disposal, etc that are inherent with them. Wickstrom expanded that the City' s standard is to design for a 25-year storm and these last few storms have been close to 100-year storms. White asked what could be done to give some immediate relief to the problem. Wickstrom suggested they contact the Drainage District to determine if they could possibly remove some of the material on the east side and place it on the west side to keep the water from coming onto the residential properties. Guiberson Street Reservoir This item was tabled until the property owner could attend. Public Works Committee August 20, 1991 Page 2 Street Occupation Ordinance Wickstrom stated he had contacted the cities of Seattle, Auburn, Tukwila and Renton whether they allowed sandwich board signs, their standards, fees, etc. None of these cities allow these types of signs in the public rights of way. Wickstrom stated he would like to see sandwich board signs allowed on private property according to the zoning code. It was determined that the issue of signs on private property is being addressed by the Planning Committee. Wickstrom stated that at this time we have not developed any standards or fees for signs in public rights of way. The ordinance presented at the last Committee meeting could be moved ahead without the standards and fees incorporated. White suggested an annual permit, limiting the signs to a certain size and one per business. Mr. Stringham added there should also be something about minimum size, sign material and construction. Morris suggested the criteria and fees be adopted in a separate ordinance so that the fees can be adjusted as necessary without amending the original ordinance. Jim White suggested that Mr. Rust and Mr. Stringham work with the Public Works Department in developing the standards. Mr. Stringham stated he has already submitted a list of suggestions to the chair of the Planning Committee. Dowell was concerned about the City' s liability if someone were to trip over one of the signs. Carol Morris confirmed she had covered the liability issue in the ordinance. Mr: Doolittle suggested the signs posted on trees and utility poles be addressed as well. The Committee unanimously recommended adoption of the street occupation ordinance. Marty Nizlek Concerns - SR 516 and Reith/Meeker - S.W. 212th at Fraaer and Russell Roads Nizlek addressed the Committee concerning the illegal right turns that are being made from Reith to SR 516 . He was requesting that a right turn lane be added at this intersection. White stated that would eliminate the shoulder of the road and he would not recommend doing so. Nizlek stated that about 40% of the green time of the signal is given to Reith and Meeker and about 60% to SR 516. Nizlek indicated he felt that no further signal timing changes would effect any improvement to the traffic backing up on Reith Road. Ed White stated he is still working with the State on the signal timings as he feels the timing cycle length is too long. He stated the backups are so spasmodic and short term that it is difficult to determine if the changes to the signal timings are effective. Nizlek concluded that he felt a minor modification constructing a right turn lane, getting a variance from the State to eliminate the shoulder, would eliminate the backup and reduce the need for the amount of enforcement that is taking place. Mr. Public Works Committee August 20, 1991 Page 3 Milton from WSDOT stated he felt they have done what they could to adjust the signal timing. He stated he didn't think it would be a problem to use the shoulder for a right turn. After considerable discussion, Don Wickstrom stated he would review the situation to determine if further changes need to be made. Mr. Nizlek stated he was curious about the status of the effectiveness of the turn restrictions at S.W. 212th at Frager and Russell Roads. Ed White stated that a significant reduction in accidents has occurred. He stated he would like to monitor the effectiveness of the turn restrictions a bit longer before having to install the islands as recommended by Mr. Nizlek as those islands do pose difficulties for emergency vehicles. Extension of Utility Services Copies of the proposed resolution were distributed to the Committee. Jim White stated this proposal resulted from the annexation proposal that was submitted to the Council a couple of weeks ago. Orr stated she was still concerned about opening it up. If we allow service for one project then we would have to allow for others. There is no guarantee an annexation will go through. Wickstrom stated that currently if there were a request for utility service for anything greater than a single family residence on an existing lot in the Kent school district, the County would probably deny the request based on their school capacity ordinance. The school district would indicate they do not have the capacity; thus, the development could not take place. This would apply to plats and rezones. Orr asked what would happen if the property was already zoned for multifamily. Wickstrom stated there is one 5- acre parcel in this proposed annexation that is zoned for multifamily. It was clarified that if the annexation is approved that property would come into the City as R1-20, 000 until the city sets the zoning. Dowell suggested this resolution be sent to the Council without a recommendation. Morris pointed out that paragraph C had been changed from the resolution presented at the last Committee meeting. That change was an attempt to address the concerns Leona Orr had expressed. Wickstrom stated it required the property would have to have submitted a 10% petition and we would have to have sufficient outstanding covenents representing 60% of the valuation. Jim White suggested that Leona review the zoning with the Planning Committee. The Committee unanimously recommended sending this to the Council without a recommendation. Leona Orr stated she would be adding this resolution to the Planning Committee agenda. Public Works Committee August 20, 1991 Page 4 196th Corridor Wickstrom explained we have been attempting to acquire a particular parcel since 1989 and have had funds reserved since that time. It appears we are now close to settlement and we are requesting authorization to transfer the funds from the Street CIP to the project. The Committee unanimously approved the request. Water Crossing S. 222nd - Condemnation for Right of Way Wickstrom explained we have a water main from North 4th going east to the railroad tracks and a water main on 222nd going west to the railroad tracks. We are proposing to tie the two together which would eliminate a severe water hammer problem we have at Liquid Air plant. We have been negotiating with the railroad but they are only willing to give the City a permit which does not give us any permaneirt rights. We are requesting authorization to proceed with condemnation should we not be able to reach agreement with Burlington Northern. The Committee unanimously approved the request. Underground Storage Tanks Removal and Installation of Above Ground Tanks Wickstrom explained we had previously awarded this project but the contractor was unable to obtain the proper insurance. We rescinded the bid and readvertised the project. The low bid received on the second ad was $7 , 300 higher than previous . Wickstrom stated we are mandated by Federal law to remove the tanks; thus, he requested transferring the additional funds from the unencumbered water and sewer utility funds and to award the project. The Committee unanimously recommended approval.