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Home My WebLink AboutCity Council Meeting - Council - Agenda - 02/04/1992 F. City of Kent CRY Cou nci I Meeti n Agenda CITY 01` 16�� ....... ... Mayor Dan Kelleher Council Members Judy Woods, President Jim Bennett Paul Mann Christi Houser Leona Orr Jon Johnson Jim White ....... .... ...... February 4, 1992 Office of the City Clerk CITY COUNCIL MEETING February 4 , 1992 Summary Agenda MAYOR: Dan Kelleher COUNCILMEMBERS: Judy Woods, President Jim Bennett 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 a e. ✓ CALL TO ORDER ✓yROLL CALL 1. ✓ PUBLIC COMMUNICATIONS JA. Proclamation - Volunteer Income Tax Assistance Month CAB. Employee of the Month ✓�� -. * f' 'I � it i 2 . PUBLIC HEARINGS A. Street Vacation No. STV-92-1 - Saar Street B. Street Vacation No. STV-92-2 - Helen Street 3 . ✓CONSENT CALENDAR � A. Minutes B. Bills C. Growth Management Service Agreement - Resolution r D. Municipal Jail Services Contract ---='sE. Councilmember Absence F. Working Together Drug Reduction Grant G. Release of Reservations - Emkay Development � H. Acceptance of 112th Avenue Widening 4 . OTHER BUSINESS A. Canterbury Place Final Plat 6�B. TIB Grant - 272/277 Corridor �C. TIB Grant - 192/196 Corridor D. 1991 CDBG Program Funds Reallocation 5. BIDS None 6. CONTINUED COMMUNICATIONS 7 . REPORTS 8 . ADJOURNMENT r 9%Z- rG ;i CITY COUNCIL MEETING February 4 , 1992 Summary Agenda MAYOR: Dan Kelleher COUNCILMEMBERS: Judy Woods, President Jim Bennett 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 a e. CALL TO ORDER ROLL CALL 1. PUBLIC COMMUNICATIONS A. Proclamation - Volunteer Income Tax Assistance Month B. Employee of the Month 2 . PUBLIC HEARINGS A. Street Vacation No. STV-92-1 - Saar Street Co ✓�.' ru.� L " B. Street Vacation No. STV-92-2 - Helen Street 3 . CONSENT CALENDAR A. Minutes B. Bills C. Growth Management Service Agreement - Resolution D. Municipal Jail Services Contract E. Councilmember Absence F. Working Together Drug Reduction Grant G. Release of Reservations - Emkay Development H. Acceptance of 112th Avenue Widening 4 . OTHER BUSINESS A. Canterbury Place Final Plat B. TIB Grant - 272/277 Corridor C. TIB Grant - 192/196 Corridor D. 1 91 CDBG Program Funds Reallocation .79y�c/� �1" 0v.vAl� lr rlv�l 4--�./e,." -S 1A Xkrl 5. BIDS None 6. CONTINUED COMMUNICATIONS 7. REPORTS 8. ADJOURNMENT PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) Proclamation - Volunteer Income Tax Assistance Month B) f Employee of the Month 1 . r Kent City Council Meeting Date February 4 , 1992 Category Public Hearings 1. SUBJECT: STREET VACATION - SAAR STREET NO. STV-92-1 2 . SUMMARY STATEMENT: This public hearing will consider an application by Kent Lutheran Church No. STV-92-1 to vacate at least 2/3 of the property abutting a portion of Saar Street, which portion lies between So. 2nd Avenue and So. 1st Avenue and between Blocks one and two as delineated on the face of the Plat of Yesler's First Edition to the Town of Kent, Washington, Vol. 5 of Plats page 64, records of King County, Washington. 3 . EXHIBITS: Staff report with map and the application 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO_(>� _ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: f � 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds approve/disapprove/modify the Planning Department' s recommendation of denial for application No. STV-92-1 to vacate a portion of Saar Street. DISCUSSION• ACTION• Council Age da Item No. 2AIV CITY OF ) u CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 V7NCTk MEMORANDUM February 4, 1992 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: REPORT AND RECOMMENDATION ON AN APPLICATION TO VACATE A PORTION OF SAAR STREET (#STV-92-1) LYING BETWEEN FIRST AVENUE AND SECOND AVENUE. I. Name of Applicant Kent Lutheran Church 336 South Second Avenue Kent, WA. 98031 II. Reason for Requesting Vacation The applicant states, "Kent Lutheran Church would like to build a new facility that will satisfy requirements for housing pre-school, day care and latchkey programs as well as provide better facilities for current users of our existing education building. Our existing education building is inadequate for these projected additional uses. The Kent Lutheran facilities are used by a number of social organizations in addition to our normal church functions. The following organizations currently use our facilities: Community Monday night supper, Alcoholics Anonymous (AA) , Al- Anon, Domestic Abused Womens (sic) Network (DAWN) , Lutheran Counseling Network, Incest Survivors Anonymous (ISA) , YWCA Job Counseling, Good Samaritan Program, Rose Society, Kent Artists, Boy Scouts, Emergency Food Storage, YMCA Shelter Training, Take Off Pounds Sensibly (TOPS) , Viet Nam (sic) Vets AA. Our early childhood and latchkey goals can help satisfy the City of Kent High Priority Target issues of expanded human services which includes day care and latchkey programs. In order to meet our goals we need to expand our facilities. Since we own property on both sides of Saar Street the vacation will allow us the space for required outside play area, parking and expanded building area. " MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS SAAR STREET VACATION #STV-92-1 Page 2 III. Staff Recommendation After reviewing comments from the following departments and agencies: . Public Works Fire . Police Puget Power Washington Natural Gas and conducting our own review, the Planning Department recommends that the request to vacate a portion of SAAR STREET as mentioned in Resolution 1304 and shown on the accompanying map, be DENIED for the following reasons: 1. Sewer, water and storm drainage facilities are located in the existing right-of-way. 2 . The Downtown area is proposed as a dense urban center. As such traffic circulation and parking availability are important factors in supporting this proposal. 3 . This vacation would impede traffic circulation (specifically from First to Fourth Avenue) and eliminate existing available on street parking. 4 . As the Downtown core area densities intensify, the circulation and parking impact will become more acute. 5. When Commuter Rail becomes a reality, a viable Downtown circulation system and parking availability will be a must to help ensure success of the system. JPH/mp:a:stv. 921 %<- > t t d r At i. s f�w1F' t `l V v f 4 ff trl` >F R 4 J�•I.>•x> tJvt�'`CZil S 'YY� vs1.i S,$R9TPi2 r IL s a lHaes a4. es ss'c *, N it 9; 3-fix nx I • I :5 s V h{. Y" HAIL TO: APPLICANT: Gerald D. McCau han 1 )s CITY OF PENT Name; ke ✓i �+hera ✓ G1�ccrcF J�, 220 So. 4th Ave. Address: 336 S N� iQve Kent, 14A 98032 DEC1 4 )9�� ' I 1Y U- DENT' Phone; (2C?6 852 _ 2 os YLRkil1'CEI�Eq STREET AND/OR ALLEY VACATION APPLICATI011 AND PETITION Dear Mayor and Kent City Council : Ile, _the undersigned abutting property owners, hereby respectfully request that certain Saar Si, hereby be Vacated. (General Location) Legal Description 7laf �or('o✓ . O Saar 5I, ly,Ny 6eIwee� S. Seco�ie /1✓e�ue Qniot S, F(rs'i- &e-AA Ke a,,At ber ee,✓ f3(ocKs D, e a..,dC Two as �(e-1iNea I cae•, ov 7�I7e {ue v� the P/aY �f >1e_< F,'rsy- /kle 17o -(-0 7 �e Tower of 1(eN'�, GJns/: ,� BRIEF STATEMENT WHY VACATION IS DEIIIG SOUGHT Q(eare. see EX{,rG,'+ �,A is e,C , Sufficient proof; copy of deed contract etc. supported by King County Tax Rolls shall be submitted for verification of signatures. Without these a "CURRENY" title report shall be required. When Corporations, Partnerships, etc. are being signed for, then proof of individual 's authority to sign For same shall also be submitted. Attach a coior coded map of a scale of not less than 1" = 200' of the area sought for vacation. (NOTE) 1.13p must correspond with legal description. ABUTTING PROPERTY OWNERS TAX LOT N SIGNATURES APO ADDRESSES LOT, BLOCK & PLAT/SEC. TWN• RC, L015 -5 CAA 6 Block ! a flve Lars 1 Q d l2 Bloc)- 2 of keNf Wa5/;n q y✓ �S�e ' rY s / �t 4�11,'>1io/ �,D ue_ /oWN_O�F {�'Cnl� �>Jn Sh:lq 1'o nJ -------� —11 e— Tres. of Co�vac /,JLLL-CL�: e. I3nr6Gf0. $150.00 Fee Paid �.� )� �/ Treasurer's Receipt Ito, 2 �, Appraisal Fee Paid t— Treasurer's Receipt No. . Land Value Paid Treasurer's Receipt 11o. Deed Accepter) Date Trade Accepted Date —— — 5221-33A Kent City Council Meeting �Y Date February 4 , 1992 Category Public Hearings 1. SUBJECT: STREET VACATION - HELEN STREET NO. STV-92-2 2 . SUMMARY STATEMENT: This public hearing will consider an application by M. K. Yanagawa to vacate a portion of Helen Street lying between Washington Avenue and the Valley freeway, of STV-92-2. 3 . EXHIBITS: staff report with map, application 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO K YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember �� seconds approve/dUla qi mmy, the Planning Department' s recommenda- tion of approval of No. STV-92-2 , an application to vacate a portion of Helen Street lying between Washington Avenue and the Valley freeway, and to direct the City Attorney to prepare the necessary ordinancelupon receipt of compensation.! DISCUSSION:_ ACTION• ;u Council Age da l+ Item No. 2B CITY OF �WTVI CITY OF KENT V7j1vT§', PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM February 4 , 1992 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: REPORT AND RECOMMENDATION ON AN APPLICATION TO VACATE A PORTION OF HELEN STREET (#STV-92-2) LYING BETWEEN WASHINGTON AVENUE AND THE VALLEY FREEWAY RECOMMENDATION: APPROVAL I. Name of Applicant M. K. Yanagawa 18425 N. E. 95th, Space 24 Redmond, WA. 98052 II. Reason for Requesting Vacation The applicant states, "The abutting property owners currently have direct access to their properties from Washington Avenue making any future need for Helen Street unnecessary. " III. Staff Recommendation After reviewing comments from the following departments and agencies: Public Works Fire Police Parks and conducting our own review, the Planning Department recommends that the request to vacate a portion of Helen Street as mentioned in Resolution 1305 and shown on the accompanying map, be APPROVED with the following conditions: 1. The Helen Street right of way is classified as a Class C street under ordinance 2333 . No compensation be required, other than administrative expenses associated therewith. JPH/mp:a:stv. 92 I ''o Ln i" tl•_: t' I W&S H I �-4 c--ro t--J p,V E N U E I -. — vr —✓C:scr— )(_ I -- i—)�i_r �o io.�_`J —_oT. j —_—r Yl�+�l_ �.i..y--ti — —7 < -P k Anow - � a CY CN a rr1 I: ` s G u ] J. < 5—_. -10 LN O F I � P IZo �oS E Srt2��T YAT ot�� S 7 V- q 2- - _,� R�SO LvTIo� 1305 qPea o-F vaca-4-ti�on MAIL TO: - APPLICANT: Gerald S. McCaughan (dame: M K Yanagawa CITY OF KENT ---- 220 So, 4th Ave. OEG1`8 1991 Address; la,z5 N.E. 95th, space 24 Kent, WA 98032 CITyOF(:.EN1 PERRBffCE,2TM- Gedmcnd, WA 9BO52 fj P))One; BP,S 2154 STREET AND/OR ALLEY UCATION APPLICATIO}d ,VII) PETITION Dear Mayor and Kent City Council : We, the undersigned abutting property owners, hereby respectfully request that certain Helen St. hereby be vacated. (Genera) Location) Legal Oescriptlr,: That street dedicated and known as Helen St. as dedicated in the plat of Kenthurst Addition in Vol. 57 of Pla+. s, pages 58 and 59 in the records of King County, Washington. BRIEF STATEMENT WHY VACATION IS BEING SOUGHT The abutting property owners currently have direct access to wtheir properties from Washington Ave. making any f,!Lure need for Helen St.. unnecessary. Sufficient proof, copy of deed contract etc. supported by King County Tax Rolls shall be submitted for verification of signatures. Without these a "CURRENT-" title report shall be. recim red. When Corporations , Partnerships. etc. are being signed for, then Proof eF individual 's authority to sign for same shall also Ln submiLiied. Attach a color coded map of a scale of not- less titan I " = 200' of the area sought for vacation. (NOTE) Map must correspond with legal description. ABUTTING PROPERTY OWNERS TAX LOT fl SIGNATURES AND ADDRESSES lOi, i1LOC,' b PLAT/SEC. TWN. RG The north 85 fL. of Tract 24, Meekers j pplenren�.ajplat,_ of the First Addition I naga Lo Town of Nent i cc orded in Vol. 5 of '- _J.f_. pl t p•3 cif -9G,_, -_��= County ::a shiny ton Toyo'�imuraManagapil LL H. Norman ✓C `�- -- - Kenthurst Add: , Block 7, Lots 5-9, Rita White]_cy Ki_na County, Wasl-.i.ugton $150.00 Fee Paid l'�� Treasurer's Receip t 140 �— Appraisal Fee Paid Treasurer's 1,ecclpL No. _ Land Value Paid Treasur-cr's R-reipt Ida. Deed Accepted Date Trade Accepter) Ce CONSENT CALENDAR 3 . City Council Action: Councilmember Lc moves, Councilmember seconds that Consent Calendar Items oft through H be approved. Discussion 7 ` i Action �A. Approval of Minutes. Approval of the minutes oftlthe regula i` Lng of 1J January 21, 1992 . "3B. Approval of Bills. Approval of payment of the bills received through February 41 1992 after auditing by the Operations Committee at its meeting on February 11, 1992. Approval of checks issued for vouchers: Date Check Numbers Amount Approval of checks issued for payroll: Date Check Numbers Amount Council Agenda)( Item No. 3 A B Kent, Washington January 21, 1992 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Bennett, Houser, Johnson, Orr, White and Woods, City Administrator Chow, City Attorney Lubovich, Public Works Director Wickstrom, Planning Director Harris, Assistant City Administrator Hansen, Fire Chief Angelo, Parks Director Wilson, Personnel Director Olson, Finance Director McCarthy, Information Services Director Spang and Police Captain Byerly. Approximately 40 people were at the meeting. Councilmember Mann was not in attendance. PUBLIC East Hill Annexation. Charles Kieffer requested a COMMUNICATION copy of the 10% petition filed at the Council meeting of August 6, 1991 . Wickstrom agreed to provide it to him. BMX Track. A young man from the audience asked whether a BMX track will be built in the area. Mayor Kelleher suggested that he take the matter before the Parks Committee and that he speak with Parks Director Wilson regarding the date and time of the next meeting. Need for Communication. Gary Volchok, First Vice- President of CB Commercial Real Estate Group, Inc. , addressed the Council on the need for more communication and cooperation between and within City departments. He suggested that the City work with its departments so that when a government employee has given specific, definite directions to a permit applicant, who carries out these directions by spending time and money to comply with the government requests, the same department does not negate that time and money expended by refusing the applicant ' s documentation and changing its direction. He noted that new jobs and business expansion are mandatory and that sanity, cooperation and communication in government offices must be restored. Kent Jaycee Week. Mayor Kelleher read a proclama- tion declaring the week of January 19 to January 25, 1992 as Kent Jaycee Week in the City of Kent and encouraging citizens to recognize and appre- ciate the past and continuing service provided by the Kent Jaycees. The proclamation was presented to Dawn Jackson. 1 January 21, 1992 PUBLIC State of the City. Mayor Kelleher noted that COMMUNICATION great things are being accomplished in the City during one of the most dismal economic periods of recent memory. He stated that the City' s efforts to achieve its goals has clearly been successful, while resisting the temptation to raise taxes. He noted that almost every goal set for the community is related to growth. A copy of the Mayor's statement is attached to the minutes. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR H be approved. Johnson seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes Approval of the minutes of the regular Council meeting of January 7 , 1992 . STREET (CONSENT CALENDAR - ITEM 3G) UTILITY Street Utility. ADOPTION of Resolution No. 1306 setting February 18 as the date for a public hearing on the formation of the street utility and implementation of the street utility charge. STORM (CONSENT CALENDAR - ITEM 3H) DRAINAGE Storm Drainage Utility ADOPTION of Resolution UTILITY No. 1307 setting February 18 , 1992 as the date for a public hearing on proposed rate changes for drainage utility. PROCUREMENT (OTHER BUSINESS - ITEM 4F) Procurement and Contract Authorization Ordinance. This ordinance establishes rules and procedures for entering into procurement contracts for the purchase, lease or rental of supplies, material, equipment or services, excluding public works improvements. This ordinance, as well as the related public works improvements ordinance and the Planning Department consultant contract ordi- nance, which are also being considered on this agenda, was discussed at the December 3 , 1991 Council meeting and referred to committee for fur- ther review. The ordinance provides for informal and formal bidding procedures at specific bid level amounts as well as rules for authorization by the Mayor and Council . The City currently does not have any formal procedures for these types of contracts. 2 January 21, 1992 PROCUREMENT Lubovich noted that this ordinance would bring the City up-to-date with State law and would provide general guidelines for procurement. He explained that under the proposed ordinance, departments could purchase items under $7500 without going through a formal process ; that purchases between $7500 and $15, 000 would require an informal process of three telephone or similar quotations ; and that purchases over $15, 000 would require a formal bid process, publication of notice, and acceptance by Council . He pointed out that pro- fessional contracts, emergencies and sole source procurements are excluded. HOUSER MOVED for the adoption of Ordinance No. 3024 establishing rules and procedures for non- public works purchases, rentals and leases. Woods seconded. Bill Doolittle stated that he has not seen many items regarding hiring consultants on the agenda for Council approval. He noted that there are currently frozen positions in the City and that having the Mayor sign for consultants without Council approval may not be the right pro- cedure. He also noted that he has not seen many items regarding the purchase of major items such as police cars and heavy machinery come through on the agenda for Council approval. There were no further comments and the motion to adopt Ordinance No. 3024 carried with White opposing. PUBLIC (OTHER BUSINESS - ITEM 4G) WORKS Public Works Improvements Ordinance This ordinance amends the City Code to bring the public works authority section in conformance with the current State statutes. Pursuant to State law, cities with a population of over 20, 000 are required to follow public works procedures set forth in RCW 35. 2 . 620 . Our current code refer- ences RCW 35 . 23 . 352 for cities under 20, 000 popu- lation. This matter was considered at the December 3 Council meeting and sent back to Com- mittee for further consideration. 3 January 21, 1992 PUBLIC Lubovich explained that since the current City WORKS Code references cities under 20, 000 in population, it is invalid and needs to be updated since Kent' s population is over 20, 000. HOUSER MOVED for the adoption of Ordinance No. 3025 amending the City Code to bring the City in conformance with State law regarding public works improvements. Woods seconded. The motion carried. PLANNING (OTHER BUSINESS - ITEM 4H) DEPARTMENT Planning Department Consultant Contracts Ordinance. This ordinance would delete a para- graph in the existing City Code that requires the City Council to establish the terms of compensa- tion for all consultants hired by the Planning Department. Deletion of this paragraph would require the Planning Department to hire consul- tants pursuant to the rules and procedures estab- lished in the Procurement and Contract Authoriza- tion Ordinance. This matter was considered at the December 3 Council meeting and sent back to Committee for further consideration. Lubovich recommended adoption of this ordinance in order to be consistent with the procurement ordi- nance. HOUSER MOVED for the adoption of Ordinance No. 3026 amending the City Code to establish pro- cedures to be followed by the Planning Department in contracting for consultant services under the Procurement and Contract Authorization ordinance. Woods seconded. The motion carried with White and Bennett voting nay. FINAL (CONSENT CALENDAR - ITEM 3C) PLAT Canterbury Place Final Plat No. SU-89-4 . Authori- zation to set February 4 , 1992 for a public meeting 'to consider Canterbury Place Final Plat map. The property is approximately 4 . 5 acres in size and is located north of S.E. 248th Street between 98th Avenue South and proposed 100th Avenue South (extended) . 4 January 21, 1992 GROWTH (CONSENT CALENDAR - ITEM 3E) MANAGEMENT Growth Management Planning Council Interlocal Agreement. Approval of and authorization for Administration to execute the Growth Management Planning Council Interlocal Agreement. The City Council Planning Committee has recommended approval of the proposed Growth Management Plan- ning Council Interlocal Agreement in response to the Growth Management Act. The legislature requires that county planning policies be ratified or adopted by July, 1992 . King County, in con- junction with county cities, proposes to create the Growth Management Planning Council which will be composed of representatives from Seattle, King County and Suburban Cities. This item was origin- ally on the City Council Agenda for December 17, 1991, but was pulled because of a revision to the agreement. PERMIT (OTHER BUSINESS - ITEM 4A) FEES Fire Permit Fee. At the present time, the permit fees are issued under the Uniform Fire Code. The adoption of this ordinance would remove the fee schedule from ordinance form and authorize the Fire Chief to prepare a fee schedule commensurate with the cost of administration and inspection involved in the processing, issuance and renewal of such permits and certificates, which schedule would be approved by Council resolution. The fee schedule shall govern the amount of fees for any permit or certificate authorized under the Uniform Fire Code. Lubovich noted that this item, as well as plumbing permit fees, building permit fees, mechanical per- mit fees and a resolution regarding all fees was returned to committee for further consideration on December 3 , 1991. He explained that the ordi- nances take the fee schedule out of the ordinance form and put it in fee resolution form. He added that it would modify the plumbing and fire permit fees. Upon White ' s question, Fire Chief Angelo noted that raising the fees would not enhance the level of service, that it is an update of the fees rela- tive to other jurisdictions in the area. He 5 January 21, 1992 PERMIT explained that he looked at fees as a part of the FEES budget process and that the fees have not been raised for ten years or more. Steve Dowell stated that the increases in the fee structure are too great and pointed out that the City has $1. 3 million more in income than expected. He noted that other fees such as the garbage fee, will be increased and asked that the Council consider a smaller increase in permit fees. He suggested a maximum 20% increase. Russ Stringham, owner of The Hungry Bear, noted that the fire permit fee would increase 100%. He pointed out that other fees are also being raised, as well as utility rates and property taxes. He said that lower fees would send a message that this is a pro-business community. Don Rust, owner of The Bagman Sandwich Shop, agreed that the proposed increases are too high, noting that he would not be opposed to a moderate increase. ORR MOVED for the adoption of Ordinance No. 3020 related to the Kent City Code Section 13 . 02 . 020. Woods seconded and the motion carried with White opposed. (OTHER BUSINESS - ITEM 4B) Plumbing Permit Fees. At the present time, the permit fees are issued under the Uniform Plumbing Code. The adoption of this ordinance would remove the fee schedule from ordinance form and would authorize the Fire Chief to prepare a fee schedule commensurate with the cost of administration and inspection involved in the processing, issuance and renewal of plumbing permits, which schedule would be approved by Council resolution. This matter was considered at the December 3 Council meeting and sent back to Committee for further consideration. The fee schedule shall govern the amount of fees for Plumbing Permits authorized under the Uniform Plumbing Code. ORR MOVED for the adoption of Ordinance No. 3021 related to Kent City Code Section 14 . 16 . 070. Woods seconded. Lubovich clarified that this action will take the fees out of the Kent City Code and place it in resolution form. The motion carried with White voting nay. 6 January 21, 1992 PERMIT (OTHER BUSINESS - ITEM 4C) FEES Building Permit Fees. At the present time, the permit fees are issued under the Uniform Building Code. The adoption of this ordinance would remove the fee schedule from ordinance form and would authorize the Fire Chief to prepare a fee schedule commensurate with the cost of administration and inspection involved in the processing, issuance and renewal of building permits, which schedule would be approved by Council resolution. This matter was considered at the December 3 Council meeting and sent back to Committee for further consideration. The fee schedule shall govern the amount of fees for Building Permits authorized under the Uniform Building Code. ORR MOVED for the adoption of Ordinance No. 3022 related to Kent City Code Section 14 . 04 . 010. Woods seconded. The motion carried with White opposed. (OTHER BUSINESS - ITEM 4D) Mechanical Permit Fees. At the present time, the permit fees are issued under the Uniform Mechani- cal Code. The adoption of this ordinance would remove the fee schedule from ordinance form and would authorize the Fire Chief to prepare a fee schedule commensurate with the cost of administra- tion and inspection involved in the processing, issuance and renewal of mechanical permits, which schedule would be approved by Council resolution. This matter was considered at the December 3 Council meeting and sent back to Committee for further consideration. The fee schedule shall govern the amount of fees for Mechanical Permits authorized under the Uni- form Mechanical Code. ORR MOVED for the adoption of Ordinance No. 3023 related to the Kent City Code Section 14 . 14 . 020. Woods seconded and the motion carried with White opposed. 7 January 21, 1992 PERMIT (OTHER BUSINESS - ITEM 4E) FEES Fees for Permits under the Fire Plumbing. Building and Mechanical Codes. This resolution will enable the City of Kent' s administrative authority in charge of enforcing the codes to prepare a schedule of fees applicable to the various types of permits. The schedules adopted by this resolution shall govern the amount of the fee. ORR MOVED for the adoption of Resolution No. 1308 adopting a schedule of fees for permits under the Kent City Code Section 14 . 04 . 010. Woods seconded. White noted that comparing fees and salaries with other cities causes fees and salaries to become excessive. He agreed with the comments from busi- ness owners that the fees should not be raised as high as proposed. HE MOVED TO AMEND THE MOTION by changing the resolution to show a 20% increase over existing fees. Bennett seconded. Lubovich clarified that only the fees on fire and plumbing permits are being changed, not on building or mechanical permits. Orr pointed out that the Chamber indicated they are comfortable with this resolution and questioned whether reducing the fees would produce a negative effect. Angelo responded that the total budget impact for all permit fee changes as proposed would have been $49, 000 . Woods suggested that fees be considered more systematically and Orr noted that the commit- tee had discussed reviewing fees periodically. Stringham stated that he supports the amendment and noted that not all businesses are members of the Chamber of Commerce. Upon a question from Dowell, Angelo explained that the budget was balanced with the proposed fee increases. The amendment to change the fees in the resolution to 20% over the existing fees (in cases where fee increases are called for) carried. The motion to adopt Resolution No. 1308 as amended then carried. 8 January 21, 1992 POLICE (CONSENT CALENDAR - ITEM 3F) 1992 Public Defender Contract. AUTHORIZATION for Administration to execute the public defender con- tract with Sampson & Combs. The City of Kent annually contracts for public defense services for Aukeen Court. Submitted for Council consideration and approval is the public defender contract for 1992 with the law firm of Sampson & Combs. This is a professional services contract providing for two full-time dedicated attorneys, one backup attorney, one paralegal, one clerk, and one secre- tary to handle the City' s caseload at Aukeen. Sampson & Combs had the City ' s contract during 1991. The fee negotiated is $11, 500 per month for these services, for a total expenditure of $138, 000 annually. This year's contract adds one additional public defense attorney to meet the demands of the caseload at Aukeen District Court. HUMAN (CONSENT CALENDAR - ITEM 3D) SERVICES Human Services Commission. Confirmation of the COMMISSION Mayor' s reappointment of Father Peter Duggan to the Kent Human Services Commission. Father Duggan, whose term of office recently expired, will begin his new term immediately and continue through 1/1/95 . FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through January 21, 1992 after au- diting by the Operations Committee at its meeting at 5 : 30 p.m. on January 28 , 1992 . Approval of checks issued for vouchers • Date Check Numbers Amount 1/1-1/15/92 113584-114137 $2 , 443 , 260. 31 Approval of checks issued for payroll • Date Check Numbers Amount 1/17/92 01166803-01167477 $ 661, 934 . 18 9 January 21, 1992 COUNCIL (OTHER BUSINESS - ITEM 4I) Council President Selection. City of Kent Resolution No. 1094 requires that the President of the Council be selected by the Council in January of even numbered years. Orr nominated Woods as Council President for the next two years. There were no further nominations and ORR MOVED for approval of Woods as Council President. Houser seconded and the motion car- ried. REPORTS Council President. Council President Woods announced Council Committee assignments for 1992- 94 , noting that the assignments include one speci- fic committee request per councilmember, made in reverse order of seniority, as agreed to at the last retreat. The Committees are as follows: OPERATIONS PUBLIC SAFETY Christi Houser, Chair Paul Mann, Chair Leona Orr Leona Orr Jim White Jon Johnson PARKS PUBLIC WORKS Jon Johnson, Chair Jim White, Chair Jim Bennett Jim Bennett Christi Houser Paul Mann PLANNING Leona Orr, Chair Jim Bennett Jon Johnson Woods asked that meeting times be determined and made known to the City Clerk and Administration. ADJOURNMENT The meeting was adjourned at 8 : 30 p.m. Brenda Jacober, MC City Clerk 10 STATE OF THE CITY SPEECH ALMOST EVERY GOAL THAT W E SET FOR OUR COMMUNITY IS RELATED DIRECTLY OR MAYOR DAN KELLEHER INDIRECTLY TO GRO WTH.INDEED,MANY OF THE EFFORTS WELVILL MAKE TO IMPROVE OUR JANUARY 21,1992 COMMUNITY DURING THE NEXT FEW YEARS WILL ONE WAY OR ANOTHER BE AFFECTED BY THE STATE GROWTH h1ANAGEMENTACT. THE GROWTH MANAGEMENT ACT,OF COURSE, REQUIRES LOCAL OFFICIALS TO DEVELOP PLANS FOR THE DELIVERY OF CRITICAL MUNICIPAL GOOD EVENING,I AM HAPPY TO ONCE AGAIN COME BEFORE YOU TO DISCUSS THE SERVICES SUCH AS ROADS,SCHOOLS,PARKS AND WATER AND SEWER;AND IT REQUIRES PROGRESS WHICH WE HAVE BEEN MAKING TOWARD THE ACCOMPLISHMENT OF OUR THAT WE DEVELOP THESE PLANS,AND PROVIDE FUNDING FOR THESE PUNS,IN A MANNER MUTUAL GOALS FOR IMPROVING OUR CITY,AND TO DISCUSS THE SUGGESTIONS AND WHICH WILL BE SUFFICIENT TO SERVE THE DEMAND FOR SERVICE WHICH WILL BE PROPOSALS I WOULD OFFER FOR THE CONTINUATION OF OUR SUCCESSFUL EFFORTS TO GFNERATED BYTHE DEVELOPMENT WHICH WE ALLOW UNOER OUR LOCAL LAND USE PLANS. ACHIEVE THESE COMMUNITY OBJECTIVES. A SIMPLE CONCEPT. YOU WOULD THINK THAT NO ONE WOULD NEED TO BE TOLD TO DO THIS. YOU WOULD THINK THAT PLANNING FOR AND FUNDING ADEQUATE SERVICES TO MUCH HAS BEEN MADE OF THE FACTTHAT KENT FACED A DIFFICULTYEAR IN 1991. MEET THE DEMANDS OF THE COMMUNITY GROWTH WHICH WE CHOOSETO ALLO'Il WOULD EVEN OR THRIVING COMMUNITY HAS FINALLY BEEN AFFECTED BY AMERICA'S SLUGGISH BE SUCH AN OBVIOUS NECESSITY THAT EVERY COMMUNITY WOULD DO IT. ECONOMY;AND LAST YEAR OUR 1992 FINANCIAL FORECAST WAS OUT OF BALANCE BY - ALMOST 56 MILLION. UNFORTUNATELY THE OPPOSITE IS TAUS LIKE THE SHORTSIGHTED CONGRESSMAN WHO VOTFS'YES'TO SUPPORT EVERY NEW GOVERNMENT PROGRAM,AND-NO'TO OPPOSE 1 THINK IT IS IMPORTANT TO KEEP SUCH A SHORTFALL IN PERSPECTIVE HOWEVER, EVERY NEW TAX TO FUND THESE PROGRAMS; SHORTSIGHTED LOCAL OFFICIALS HAVE YOU KNOW EVEN THOUGH OUR 1991 REVENUE PROJECTIONSWERE GREATER THAN ACTUAL VOTED 7ES'TOALLOWTOO MANYNEW DEVELOPMENTS,AND'NO'TO OPPOSETAXES AND REVENUES,KENT STILL ENJOYED AN INCREASE OF$700,000 OVER 1990. IF YOU HAVE TO FEES TO PAY FOR THE SERVICES NEEDED TO ACCOMMODATE THESE DEVELOPMENTS. HAVE A BAD YEAR,ONE LIKE THIS IS THE KIND WE WANT TO HAVE. CONGRESS SHORTSIGHTEDNESS HAS CREATED A HUGE FEDERAL DEFICIT.YOU CAN ALSO,1 AM AMUSED TO READ NEWSPAPER ACCOUNTS EVEN NOW OF SOME OF OUR SEE OUR 'LOCAL DEFICIT EVERY TIME YOU SIT IN A TRAFFIC JAM AT ONE OF OUR NEIGHBORING COMMUNITY LEADERS STILL COMMENTING ON THE TROUBLESOME $6 INTERSECTIONS WHICH ARE RATED AT LEVEL OF SERVICE'F'-GRIDLOCK-SYSTEM MILLION SHORTFALL NOW BEING FACED BY KENT. OF COURSE,STATE TAW WILL NOT FAILURE, YOU CAN SEE OUR 'LOCAL DEFICIT EVERY TIME YOUR CHILDREN SIT IN ALLOW A CITY TO PASS THROUGH A BUDGET CYCLE WITH A DEFICIT,50 KENT HAS NO OVERCROWDED CLASSROOMS OR PORTABLE CLASSROOMS USED NOW EXTENSIVELY BUDGET SHORTFALL TODAY. IN FACT,1 AM PLEASED TO INFORM YOU THAT BECAUSE OF BECAUSE WE JUST CANT BUILD ENOUGH SCHOOLS TO MEET THE DEMAND WHICH WE OUR DECISION LATE IASTYEAR TO REVISE OUR FINANCIAL PROJECTIONS IN THE DIRECTION OURSELVES HAVE GENERATED THROUGH OUR LOCAL LAND USE DECISIONS. F CAUTION AND CONSERVATISM, OUR ACTUAL CASH CARRY FORWARD FOR 1991 IS EXPECTED NOW TO EXCEED PROJECTIONS BY APPROXIMATELY SI3 MILLION. THIS CASH SOME PEOPLETHINK ME TERRIBLE THAT THE STATE GOVERNMENT SHOULD USURP CARRY FORWARD WILL FUNCTION AS A NEEDED CUSHION FOR OUR BUDGET IF THE LOCAL AUTHORITY BY DICTATING TO CITIES HOW THEY MUST PLAN. IFOR ONE THINK ME ECONOMY SLOWS EVEN FURTHER, OR IT WILL PROVIDE A WINDFALL OF FUNDS TO TERRIFIC-ONE OF THE BEST MOVES EVER MADE BY OUR STATE GOVERNMENT. REPLENISH OUR CONTINGENCIES OR FUND OTHER COUNCIL PRIORITIFS IF OUR ECONOMY MAINTAINS AT ITS CURRENT LEVEL ASIDE FROM THE OBVIOUS BENEFIT OF FORCING CITIES TO PUN PROPERLY,THE PRESSURES WHICH ARE BEING BROUGHT ON BY THE REQUIREMENTS OF THE GROWTH ALSO IN AN EFFORT TO KEEP OUR BUDGET WOES IN PERSPECTIVE,I THINK IT IS MANAGEMENT ACT ARE CAUSING POLITICIANS,ARCHITECTS AND URBAN PLAWRS TO IMPORTANT TO POINT OUT THAT IN OTHER COMMUNITIES,WHEN TIMES GET TOUGH, RETHINK SOME OF THE ASSUMPTIONS THAT WE HAVE HELD ABOUT THE GENERAL GOVERNMENT PROGRAM ACTIVITY GRINDS TO A HALT. IN KENT,OUR LOCAL ECONOMY IS CEVELOFME.NT PATTERN FOUND IN THE WESTERN PRAT OF THE UNTIED STATES,AND TO SO STRONG,THAT EVEN IN TOUGH TIMES LIKE THESE, WE ARE ABLE TO KEEP GOOD RECE NSI DER WHETHERTFUT'SUBURBAN--AUTO-ORIENTED','SINGIE FAMILY SUEDNISION GOVERNMENT PROGRAMS RUNNING,AND WE ARE ABLE TO CONTINUE TO TAKE GLINT AND'STRIP-COMMERCAJ.'BASED DEVELOPMENT PATTERN WILL SFRVE US WELL AS WE STEPS TOWARD ACHIEVING OUR GOALS OF BUILDING NEW ROADS TO IMPROVE OUR MOVE IN70THE NEXTCEN UAY.TWO MONTHS AGO IWAS INVT@DTO ATTENDASEA/INAR TRANSPORTATION NETWORK, AND BUILDING A HEALTHIER, PRETTIER, REVITALIZED C°41ING WITH THESE ISSUES CO-SPONSORED BY THE COLLEGE OF ARCHITECTURE AND DOWNTOWN,AND DOING THE MANYOTHER THINGS THATWE THINK.ARE IMPORTANTFOR URBAN PLk'INING OF THE UNIVERSITY OF CALIFORNIA AT BERKELEY,AND THE NATIONAL KENT. EIDO'h':fENI'FOR THE ARTS. AS I DISCUSS SOMEOFTHE GOODTHINGS WE HAVE TOGETHER DONE FOR KENTIHIS I WAS A LITRE SURPRISED TO HEAR SOME OF THE PROMINENT URBAN PLANNERS LASTYFAR,AND AS I DISCUSS SOME OF THE THINGS I THINK WE REALISICU.T.YCAN EXPECT IN ATTENDANCE SUGGEST THAT THEY THEMSELVES, AND THEIR COLLEAGUES WHO TO DO IN THE COMING YEAR; I WAI4T YOU TO REMEMBER THAT TOGETHER WE ARE PRECEDED-.HEM AND WHO HELPED ESTABLISH OUR WEST COAST DEVELOPMENT PATTERN ACCOMPLISHING GREAT THINGS FOR KENT DURING ONE OF THE MOST DISMAL ECONOMIC 30 TO 40 YEARS AGO,WERE AT LEAST PARTLY RESPONSIBLE FORTHE FACT THAT IN SOME PERIODS OF RECENT MEMORY. AND I WOULD ASK YOU TO REMEMBER WITH PRIDE THAT VERY IMPORTANT WAYS,WE ARE NOW FINDING THAT THIS SUBURBAN-SPRAWL AND AU70- IN SPITE OF THE FACTS THAT TIMES HAVE BEEN TOUGH,AND THAT WE ARE DETERMINED ORIENTED COMMERCIAL STRIP DEVELOPMENT PATTERN DOESNT WORK WELL OF COURSE TENACIOUS A13OUTACJIIEVING ESTABLISHED COMMUNITY GOALS;WE NEVERTHELESS THERE ARE SOME GOOD THINGS ABOUT OUR WEST-COAST-STYLE OF LIVING,BUT SCME OF HAVE RESISTED THE OBVIOUS TEMPTATION TO RAISE TAXES-AND YET STILL_OUR - THE PROBLEMS WHICH THE GROWTH MANAGEMENT ACT IS DESIGNED 70 ADDRESS ARE EFFORTS TO ACHIEVE OUR GOALS HAVE CLEARLY BEEN SUCCESSFUL DIREMY ATTRIBUTABLE_TO OUR WEST-COAST DEVELOPMENT PATTERN. IF I MAY THEN,[WOULD LIKE TO TALK A BIT ABOUT THESE GOALS-WHAT THEY ARE TIE BASIC PROBLEM IS TFIAT UNLIKE EUROPE AND JAPAN,WHICH 40 YEARS AGO --WILY WE CARE ABOUT THEM AND THE CONCRETE STEPS WE ARE TAKING TO ACHIEVE CHOSE FOR ECONOMIC REASONS TO CLUSTER THEIR CITIES AND TOWNS AROUND THEM. AVNUBLE INFRASTRUCTURE; AMERICAN COMMUNITIES HAVE FOR THE MOST PART AVOIDED CLUSTERING IN FAV00.OF LOW DENSITY,AUTO-ORIENTED.SUBURBAN SPRAWL COMMUNITIES TO CLUSTER DEVELOPMENT MOUND NARROWLY DRAWN NOW THERE ARE SOME GREAT THINGS MOUT'THIS SORT OF NON-CLUSTERED APPROACH; INFRASTRUCTURE SERVICE AREAS THUS LEAVING VAST AREAS OPEN AND BVI'TI IERE ARE 4 DYSFUNCTTONAI.ASPECTS TO OUR PRESENT DEVELOPMENT PATTERN. UNDEVELOPED. 1.TT 11 SLOURRAN BPRAWI DFVFI OPMFNT PATTERN I�INFFFICIENT THIS PATTERN WE CAN APPLY THIS SAME PRINCIPAL BY CONTINUING OUR EFFORTS TO IS AN INEFFICIENT USE OF THE LIMITED RESOURCES AVAILABLE 1U PROVIDE THE STATUTORILY RESTRICT APARTMENT DEVELOPMENT OUTSIDE OF OUR DOWNTOWN ROADS,PARKS AND OTHER SERVICES NEEDED BY RESIDENTS. THIS IS THE MOST REDEVELOPMENT ZONE,AND TO DISCOURAGE IONG COUNIYFROM APPROVING NEW OBVIOUS PROBLEM WITH THIS PATTERN. THE CONCEPT IS ECIREMELY SIMPLE IF DEVELOPMENT EAST OF OUR BORDERS. YOU PUT ONE HOUSE ON 1,000 FEET OF ROAD WITH 1,000 FEET OF WATER AND SEWER LINES AND WITH ONE PARK TIEN THE COST PER FAMILY(BB IT PUBLIC OR 3. THIS SUBURBAN SPRAWL PATTERN HllRTS SUBURBAN DOWNTOWN AREAS PRIVATE)TO PROVIDETHFSE SERVICES IS WHATEVER TTCOSTTO BUILDTHE ENTIRE THROUGHOUT THE ICES.-ERN U.S.A COMMON PROBLEM AMONG SUBURBAN CITIES IS DOWNTOWN DELAY. IN KENT, AUBURN AND PUYALLUP FOR EXAMPLE, ROAD WITH UTILTTIFS AND THE PARK IF YOU PUT 10 FAMILIES ON THE SAME STREET,THEN THE COST PER FAMILY IS REDUCED TO ONLY THE COST OF 10 FELT OF DO W NTOWN AREAS GREW UP MOUND RAIL DEPOTS.LVHENRUTO-ORIENTED SITUP DEVELOPMENT OCCURRED IT BECAME INCREASINGLY DIFFICULT FOR SUBURBAN ROAD AND ITTILTDES,AND 1/100 OF THE PARK . DOWNTOWN AREAS To COMPETE WITH THESE STRIP DEVELOPMENTS AND SHOPPING NOW,YOU MIGHT RIGHTLY OBJECT THAT IF WE CARRIED THIS PRINCIPLE TO ITS MALLS. LOGICAL CONCLUSION THEN WE WOULD PUT ALL OF OUR RESIDENTS IN HTGHRISE FLATS. THAT IS OF COURSE NOT THE CORRECT COURSE BUT'WE DO NEED 70 WE IN KENT ARE IN THE PROCESS OF PROVING THAT BY ENCOURAGING DENSER ACGEPTTHE FACTTHAT OUR REGIONAL POPULATION WILL GROW IN COMING YEARS, DEVELOPMENT PATTERNS DOWNTOWN,AND THROUGH BEAUTIFICATION EFFORTS, ANDWE NEEDTO UNDERSTAND THAT SOME TYPES OF DEVELOPMENT VALLEE MORE AND BY FOCUSING PUBLIC DEVELOPMENT AND BY ENCOURAGING PRIVATF EXPENSPIE TO SERVE THAN OTHERS. DEVELOPMENT IN OUR DOWNTOWN, A REAL TURN-AROUND IN A DOWNTOWN, DISTRICT CAN BE ACHIEVED. NATURALLY WE CAN PAY FOR THE HIGH COSTS OF SERVING OUR SUBDIVISIONS BY CHARGING FEES TO DEVELOPERS AND HOMEBUYERS,BUI'THAT SOLUTION WIL NOT WORKFORALLSEGMENT50FOURCOMMUNITY.DURING THE SEMINARS ATTENDED OVER THE LAST 2 YEARS OVER S20 MILLION WORTH OF DOWNTOWN PUBLIC AND AT SERKELEY,1 HEARD ONE MAYOR OFFER AN OMINOUS PREDICTION ABOfJT HOW PRIVATE DEVELOPMENT HAS OCCURRED DIRECTLY AS A RESULT OF YOUR VOTES AS HIGH THESE FEES MIGHT ULTIMATELY RISE. SHE SAID IN HER CALIFORNIA CITY- COL'NCILMEMBERS. TI IE 58 MILLION CENTENNIAL BUILDING IS ALMOST FULL NOW WHERE THEY HAVE ALREADY COMPLETED A GROWTH MANAGEMENT PROCESS AND ITS OWNER-SOUND VENTURES INC IS CONSIDERING BUILDING A TARN SIMILAR TO THE ONE NOW BEING FACED BY U5,THE AVERAGE TOTAL OF AL FEES 5'OIUCI URE ON TIM SPIT OF 11IE OLD PUBLIC WORKS BUILDING IF TI IEY FILL THE ASSESSED ON A NEW SINGLE FAMILY HOUSE 15$28.000. THAT SEEMS LIKE A VERY CENTENNIAL BUILDING COMPLETELY. HIGH FIGURE BUT IF YOU SR DOWN AND TALK TO OFFICIALS RESPONSIBLE FOR LAST CCTOBER WE OPENED OUR NEW$7 MILLION PUBLIC LIBRARY WHICH YOU DEVELOPING OUR ROADS AND PARKS AND SCHOOLS CAPITAL PLANS FOR THE NEXT ' 30 YEARS;AND IF YOU CONSIDER THAT IN THE SEATTLE AREA ALONE WE MAY NEED CHOSE TO LOCATE IN THE HEART OF KENTS DOWNTC'.YN. THE EQUIVALENT OF A NEW INTERSTATE 5 AND A SIC BILLION RAIL SYSTEM TO ACCOMMODATE PROJECTED GROWTH BY THE YEAR 2020; THEN YOU WILL LAST WEEK SEVERAL OF US PARTICPATED IN A GROUND BREAKING CEREMONYFCR UNDERSTAND HOW SUCH EXORBITANT FEES COULD BE REQUIRED. OUR NEW$7 MILLION SENIOR HOUSING PROJECT WHICH WILL PROVIDE LOW COST HOUSING,MEALS AND HUMAN SERVICES TO APPROXLMATELY 1CO'(ENT SENICRS;IT THERE MAY BE NO WAY TO AVOID ASSESSING HIGH FEES IN FUTURE SUBURBAN WILL BE LOCATED DI THE HEART OF DOWNTOWN AND WILL OPEN FOR BUSINESS BY DEVELOPMENTS BUT WE MUST ALSO ACCOMMODATE AND ENCOURAGE COST- THE END OF THIS YlL R EFFICIENT DEVELOPMENT WHICH 15 CCNSISTENT WITH OUR COMMUNITY GOALS AND WHICH WILL BE BENEFICIAL TO OUR COMMUNITY. I WOULD SUGGEST THAT DENSE ALSO A S1.8 MILLION REMODELING PROJECT IS NOW UNDERWAY TO PRE?ARE THE DEVELOPMENT WITHIN A NARROWLY DRAWN URBAN GROWTH BOUNDARY 4 TO 6 OLD KENT LIBRARY TO RECEIVE THE POLICE DEPARTMENT STAFF. BLOCKS FROM THE CENTER OF KENTS DOWNTOWN WOULD BE BENEFICIAL AND SUCH EFFICIENTAND BENEFICIAL DEVELOPMENT COULD BEACCOMMODATED BYTHE IN ADDITION,COUNCILMEMBERS AND ADMINISTRATION HAVE PROVIDED QUALIF:'ED COUNCIL-BYAPPROVING THE LIBERALIZED ZONING RULES FOR DOWNTOWN NOW SUPPORT FOR THE SING OF A NEW REGIONAL COURT CENTER IN D05VI T WN PENDING BEFORE THE PLANNINGCOMMISSION;AND COULD BE ENCOURAGED BYTHE KEN r. TONG COUNTY IS NOW CONSIDERING 4 FINALIST SMS FOR THIS PROJECT. COUNCIL--BY FUNDING INFRASTRUCTURE IMPROVEMENTS WHICH COULD REDUCE TWO OF THFSE SITES ARE IN KENTS DOWNTOWN. THE NEED FOR EXORBITANT FEES IN THE SAME DOWNTOWN DISTRICT.I WOULD SUGGEST THAT IT MAKES PERFECT SENSE FOR US TO REWARD DEVELOPERS WHO IF A DOWNTOWN SITE IS SELECTED,THE PROJECT WILL BRING A MULTIMILLION BUILD EFFICIENTLY WITHIN AN ESTABLISHED URBAN GROWTH BOUNDARY,AND TO DOLLAR PAYROLL AND 800 NEW EMPLOYEES INTO KENTS DOWNTOWN-EMPLOYEES CHARGE HIGHER FEES TO DEVELOPERS WHO BUILD LESS EFFICIENT DEVELOPMENTS MIO WILL SUBSTANTIALLY INCREASE THE DEMAND FOR KENT DOWNTG'NN OUTSIDE OF OUR TARGET REDEVELOPMENT AREA RESTAURANTS AND SHOPS. ALSO THE COURT PROJECTWOULD ALMOSTCERTA:NLY INCREASE THE DEMAND FOR DOWNTOWN-OFFICE SPACE SINCE LA'.m RS AND 2 THISSUBUBBAN SPRAVI DEVELOPMENT PATTERN CONSUMES TOO MUCH OPEN OTHERS WHO USE THE COURTS WOULD FIND DOWNTOWN KEPT A COLJVT CENT SPACE VISITORS TO EUROPE AND JAPAN ARE OFTEN STRUCK BY THE FACT THAT OFFICE LOCATION. THIS INCREASE IN DEMAND WOULD DEFINITELY ATTRACT THESE DENSELY POPULATED LANDS SEEM TO HAVE MORE OPEN SPACES THAN WE DO ADDITIONAL PRIVATE INVESTMENTS INTO KENTS DOWNTOWN. HERE IN THE U.S.AGAIN,THE REASON 1S THAT ECONOMIC FACTORS HAVE FORCED ALSO, 1 THINK WE ALL REMAIN CONSTANT IN OUR SUPPORT FOR THE AS WE MOVE INTO THE NEXT CENTURY,YOU AND OTHER LOCAL OFFICIALS WILL BE COMMENCEMENT OF COMMUTER RAIL TRANSIT SERVICE TO KENT AND THE OTHER FACED WITH SOME HARD CHOICES.THE DEVELOPMENT PATTERNS AND SERVICE SOLUTIONS VALLEY CITIES.SENATOR BROCK ADAMS HAS COMMITTED$2S MILLION IN FEDERAL WHICH SERVED THE LAST 2 GENERATIONS OF WEST COAST AMERICANS WILL JUST NOT FUNDS AND A FAVORABLE VOTE ON AN UPCOMING BALLOT MEASURE COULD WORK FOR COMING GENERATIONS. IN 10 OR 20 OR 30 YEARSKENT AND RENTON,AUBURN PROVIDE THE MATCHING FUNDING NEEDED TO PROCEED WITH THIS IMPORTANT AND OTHER SUBURBAN CTFS WILL GROW FROM 40.000710 100.000.TO 150,000. THE DAY TRANSIT PROJECT, WHICH WILL, INCIDENTALLY, HAVE SOME SIGNIFICANT OF THE SUBURB IS COMING TO AN END;THE DAY OF THE'MTNI-URB'OR SMALL URBAN CITY COMMUNITY DEVELOPMENT SIDE EFFECTS. IS DAWNING. WE MAY LIKE IT OR NOT BUT ECONOMIC FACTORS ARE NOW RESTRICTING THE UNIVERSALAVARABILITYOF SINGLE FAMILY SUBDIVISION TYPE HOMES.70%OFKEN S IN ADDITION, SEVERAL NEW DOWNTOWN MURALS HAVE BEEN PLACED AND RESIDENTS WILL TELL YOU-THEY DONT LIVE IN SINGLE FAMILY HOMES. THEY MIGHT DEDICATED THIS YEAR INCLUDING THE MURAL 'TREE ROOT BRIDGE' BY A WANT TO-PERHAPS THEY CANT AFFORD TO. WE CANT JUST BLOCK THIS SORT OF WONDERFULYOUNG JAPANESE ARTIST WHO WON A MURAL CONTEST TO FARNTHE CHANGING LIFESTY BUT WE CAN MANAGE IT SO THAT WE MAXIMIZE THE QUALITY OF RIGHT TO DISPLAY HER WORK IN KENT,AND THE MURAL PROJECT`TRANSITIONS-, LIFE FOR THE PEOPLE IN OUR COMMUNITY WHOSE FAMILIES ARE GROWING UP IN AN A BEAUTIFUL MURAL LOCATED NEAR SECOND AND MEEKER STREETS,BY DANNY EVOLVING LIVING ENVIRONMENT. I ASK YOU TO JOIN ME IN THIS EFFORT. PIERCE WATCH FOR SEVERAL MORE DOWNTOWN MURALS TO BE COMPLETED IN THE COMING YEAR. IN ADDTON TO THESE REMARKS,I AM SUBMITTING TO YOU A WRITTEN OUTLINE OF MANY OF OUR OTHER ACCOMPLISHMENTS OF THE PAST YEAR,AND GOALS FOR NEXT ALL OF THESE EFFORTS ARE DESIGNED TO CREATE AN ENVIRONMENT WHICH IS YEAR 7HAT 1 DID NOT INCLUDE IN MY REMARKS. ATTRACTIVE TO PRIVATE INVESTORS AND PRIVATE DEVELOPERS WHO,WE HOPE, WILL HELP US BUILD THE KIND OF DOWNTOWN DISTRICT THAT WILL GENERATE SUFFICIENT DEMAND TO SUPPORT OUR DOWNTOWN RETAILERS,AND HELP US BUILD THE KIND OF CLUSTERED DEVELOPMENT WHICH EFFICIENTLY USES OUR SCARCE INFRASTRUCTURE DEVELOPMENT RESOURCES. 4.THIS LOW DENSITY SUBURBAN SPRAWL DEVELOPMENT PATTERN GENERATES N.SI IFFICTFNT TRANSITI 51 UP TO JUSTI 71 IE KIND OF HIGH CAPACITYTRANS 1$_',SgNS THAT WE NEED FOR OUR COMMUNITY.THE MOST COMMON CRITICISM OF THE PROPOSED COMMITTER RAIL PROJECT FOR EXAMPLE IS THAT SUBURBAN DENSITIES GENERATE INSUFFICIENT RIDERSHIP. AGAIN, CLUSTERING DENSE DEVELOPMENT IN OUR DOWNTOWN WILL ENABLE US TO AFFORD AND JUSTIFY HIGHER QUALITY TRANSPORTATION SERVICES THAN COULD OTHERWISE BE AFFORDED OR JUSTIFIED UNDER A LOW DENSITY, SPRAWL PATTERN. METRO OFFICIALS HAVE CALLED ON COMMUNITIES ALONG THE COMMUTER RAILALIGNMENT TO ACCEPT HIGHER DENSITY DEVELOPMENT MOUND STATION LOCATIONS. I HOPE YOU WILL AGREE WITH ME THAT WE HAVE SEVERAL COMPELLING REASONS TO SUPPORT THAT REQUEST. CLEARLY THEN,COOPERATION WITH THE INTENT OF THE GROWTH MANAGEMENT ACT AND PROMOTING CLUSTERED DEVELOPMENT WITHIN URBAN GROWTH BOUNDARIES,WILL HAVE 4 DISTINCT ADVANTAGES: 1.IT WILL RESULT IN A MORE EFFICIENT USE OF SCARCE INFRASTRUCTURE DEVELOPMENT FUNDS. 7.IT WILL RESULT IN INCREASED OPPORTUNITIES TO PRESERVE OPEN SPACE. 3.IT WILL RESULT IN DENSITIES SUFFICIENT TO ACHIEVE A'CRTCAL MASS' OF ACTIVITY IN OUR DOWNTOWN SO THAT THE MARKET DEMAND WILL SUPPORT OUR PRESENT RETAILERS,AND EVEN SUPPORT AN EXPANSION OF OUR DOWNTOWN RETAIL ACTIVITIES. 4.IT WILL RESULT IN DENSITIES SUFFICIENT TO SUPPORT HIGH CAPACITY TRANSIT SERVICE IN KENT. Kent City Council Meeting Date February 4. 1992 Category Consent Calendar 1. SUBJECT: GROWTH MANAGEMENT SERVICE AGREEMENT R99014t � 2. SUMMARY STATEMENT: Adoption of Resolution 1 ? 9-� ) r relating to the Growth Management Service Agreement. The Growth Management Act (GMA) provides funding to cities and counties that are required to plan under the Act, such as Kent. GMA funds are distributed to the City of Kent through King County. This resolution constitutes the agreement between the City of Kent and King County for the distribution of 1991-92 funds, and represents an up-date of the original 1990-91 service agree- ment. The Planning Committee approved the proposed service agreement with minor modifications on January 21, 1992 . 3 . EXHIBITS: Resolution, service agreement with attachments, and City Council Planning Committee minutes of 1/21/92 4 . RECOMMENDED BY: Planning Commission (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO_X YES FISCALIPERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3 C J( RESOLUTION NO. A RESOLUTION of the City of Kent, Washington, relating to the Growth Management Act funds dis- bursed by the State Department of Community Development to King County as a pass-through to the City of Kent. WHEREAS, the 1990 and 1991 State Legislatures passed the Growth Management Act (hereinafter the "Act") which requires, among other things, that all jurisdictions in King County prepare comprehensive plans in accordance with its provisions, that the jurisdictions ' plans be consistent, and that county-wide planning policies be adopted in 1992 ; and WHEREAS, funds were appropriated by the Legislature to assist local governments in implementation of the Act; and WHEREAS, in the allocation of these funds, the Washington State Department of Community Development has in turn, allocated $2 , 290 , 066 to King County general purpose governments provided that 60% of those governments, representing 75% of the County' s population agree to the grant distribution formula and a joint regional strategy for growth management activities; and WHEREAS, in order to receive the 1990-1991 grant funds under the Act, the City approved all necessary elements under the Act and an interlocal agreement was executed with King County for the distribution of those funds; and WHEREAS, in order to receive funds under the Act for 1991-1992 , the city must approve another interlocal agreement with King County regarding the distribution of the funds and accept the grant distribution formula and Joint Regional Strategy for 1992 as recommended by the King County Liaison Group (an interjurisdictional group of planning, public works and finance officials) ; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: The City agrees that in order to be eligible for 1991- 1992 Act funds, it shall perform the following tasks: 1. Authorize the Mayor to sign the interlocal agreement with King County regarding the distribution of 1991- 1992 Act grant funds, in substantially the same form as "Attachment A: 'A Service Agreement for the Distribution and Administration of Certain Washington Department of Community Development Grant Funds under the State of Washington Growth Management Act of 19901" (hereinafter the "Agreement") attached hereto; 2 . Perform the tasks specifically described in the Agreement for the continued fund disbursements and in order to comply with all applicable laws; 3 . Participate and provide information and data as requested to accomplish the 1992 Joint Regional Strategy (Attachment 1 to the Agreement) ; 4 . Accept the grant allocation formula which reserves $332 , 000 for region-wide efforts and reduces each jurisdiction' s allocation by 14 . 5% from the 1990-1991 formula of $35, 000 minimum and a per capita allocation based upon each jurisdiction' s share of the total county population (Attachment 2 to the Agreement) ; 5. Designate the King County Liaison Group to coordinate the interjurisdictional work in the Joint Regional Strategy (Attachment 3 to the Agreement) ; 6 . Perform work on growth management tasks as outlined in the Growth Management Interdepartmental Workplan (Attachment 4 to the agreement) ; 7 . Designate King County as the fiscal agent to: submit the application to DCD for 1991-1992 Growth Management Act grant funds on behalf of participating jurisdictions; receive DCD grant funds; distribute funds to municipal jurisdictions according to the approved allocation formula and to otherwise carry out its responsibilities as further described in the Agreement. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1992 . Concurred in by the Mayor of the City of Kent, this day of , 1992 . DAN KELLEHER, MAYOR ATTEST: 3 1 ATTACHMENT A , A SERVICE AGREEMENT FOR THE DISTRIBUTION AND ADMINISTRATION OF CERTAIN WASHINGTON DEPARTMENT OF COMMUNITY DEVELOPMENT GRANT FUNDS UNDER THE STATE OF WASHINGTON GROWTH MANAGEMENT ACT OF 1990 THIS AGREEMENT, signed this day of 199 by and between King County and the City/Town of ("the Municipal Jurisdiction"). WHEREAS, the Washington State Legislature passed the Growth •Management Act of 1990 and 1991 (Chapter 17), hereinafter referred to as "the Act," which requires all jurisdictions in the County of King to prepare comprehensive plans consistent with new guidelines; and WHEREAS, the Act requires that jurisdictions prepare these plans in cooperation with neighboring units of general government; and WHEREAS, the State of Washington through the adoption and administration of the Act will make funds available to local jurisdictions through the State of Washington Department of Community Development, hereinafter referred to as DCD, for expenditure during the 1991-1992 funding years; and WHEREAS, the Act directs DCD to establish funding levels for planning and technical assistance grants for counties and cities that plan under this Act and DCD has allocated approximately $2.29 million dollars to King County jurisdictions; and WHEREAS, King County and the municipal jurisdictions within King County have been designated together as a county region by DCD for the purpose of receiving DCD funds; and WHEREAS, DCD requires King County and the municipal jurisdictions within King County to develop a regional work program, hereinafter referred to as a "Joint Regional Strategy," for the 1992 calendar year and beyond for implemen- tation of the Act and for the purpose of receiving DCD funds and to designate an institutional framework to coordinate the accomplishment of the Joint Regional Strategy; and WHEREAS, DCD requires King County and the municipal jurisdictions within King County to develop an allocation formula for receipt of the DCD grant funds within the county region and designate a fiscal agent to receive and distribute DCD funds according to the approved allocation formula; and WHEREAS, DCD requires that the Joint Regional Strategy and allocation formula be approved by 60% of legislative authorities of the county and municipal jurisdictions within King County representing 75% of the total population of King County; and WHEREAS, only King County and municipal jurisdictions which have adopted the Joint Regional Strategy and have agreed to the allocation formula by resolution, motion, or ordinance will be eligible to receive DCD grant funds; and WHEREAS, in 1991 King County and municipal jurisdictions entered into interlocal agreements for the distribution of 1990-1991 DCD Growth Management Act grant funds which included approving a 1991 Joint Regional Strategy and grant allocation formula; and WHEREAS, the King County Liaison Committee, which consists of Planning Directors, Public Works Directors and Finance Directors representing King County, the City of Seattle, and other municipal jurisdictions within King County, recommends the Joint Regional Strategy and the grant allocation formula contained herein; and i 2 WHEREAS, King County has entered into a contract with DCD to serve as fiscal agent for the distribution of grant funds among King County and the municipal jurisdictions within King County; and WHEREAS, in November 1991 the King County Council through the adoption of Ordinance #10182, Section 76, appropriated DCD funds for distribution to King County and the municipal jurisdictions within King County for the 1991- 1992 funding year; and WHEREAS, King County and the Municipal Jurisdiction enter into this Agreement pursuant to and in accordance with the State Interlocal Cooperation Act, RCW Chapter 39.34, for the purpose of distributing and administrating DCD funds and for the execution of activities in accordance with and under author- ity of the Act; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES HEREIN, IT IS AGREED THAT: I. GENERAL AGREEMENT King County and the Municipal Jurisdiction agree to comply with the provisions of the "Joint Regional Strategy," which is attached hereto as Attachment I and is incorporated herein as is fully set forth, by under- taking growth management activities, including coordination of planning efforts to achieve consistency, the development of a public participa- tion process, and undertaking other coordinated planning activities as specified in the Growth Management Act of 1990 and 1991. II. ENTITLEMENT The parties agree that the allocation of funds appropriated by the State of Washington Department of Community Development ("DCD") among King County and the municipal jurisdictions within King County shall be governed by the following provisions as outlined in the Grant Allocation Formula, which is attached hereto as Attachment 2 and is incorporated herein as is fully set forth: A. By entering this Agreement the Municipal Jurisdiction is eligible to receive a direct share, hereinafter referred to as a pass- through, of DCD funds as calculated in the Grant Allocation Formula, which is based on the following principles: 1. Of the total DCD grant to King County, $332,000 shall be reserved for county-wide efforts. This results in the Municipal Jurisdiction Share calculated under subsections A.2 and A.3 below being reduced by fourteen and one-half percent (14.5%). 2. The pass-through shall include a minimum amount of $35,000. 3. The remainder of the funds shall be allocated on a per capita basis based on a proportional distribution of total population with King County as determined in the April 1991 estimate by the State of Washington Office of Financial . Management. 4. If the Municipal Jurisdiction is partially within King County and partially within an adjacent county, it shall have its base amount adjusted based on the proportion of its population which is located in King County. B. King County shall distribute any unallocated funds in the same manner as described in paragraph II(A)(2) above or in another manner approved by King County and a minimum of nineteen (19) municipal jurisdictions within King County. Together the popula- tion of unincorporated King County and the approving municipal jurisdictions must represent 75% of the total population of King County. 3 C. This Agreement is contingent upon the adoption of a resolution, motion, or ordinance by the Municipal Jurisdiction approving the Joint Regional Strategy and Grant Allocation Formula for DCD grant funds and of a municipal work program which outlines the Municipal Jurisdiction's implementation of the Act or the Joint Regional Strategy. III. REIMBURSEMENT PROVISIONS The parties agree that King County is the designated fiscal agent for the distribution of DCD funds under the terms of this Agreement. Within ten (10) business days after receiving each quarterly warrant from DCD, King County shall issue a warrant to the Municipal Jurisdiction for an amount equal to one quarter (to the nearest dollar) of the total amount the Municipal Jurisdiction is entitled to receive according to the Grant Allocation Formula. IV. USE OF FUNDS: GENERAL PROVISIONS A. Funds provided to the Municipal Jurisdiction under this Agreement shall be used solely for activities undertaken to fulfill the requirements of the Act and to implement the Joint Regional Strategy. B. The Municipal Jurisdiction agrees to conduct the appropriate citizen participation activities as required.by the Act, Section 14. Such activities shall include the broad dissemination of proposals and alternatives, opportunity for written comments, public meeting after effective notice, provisions for open discus- sion, communication programs, information services, and considera- tion of and response to public comments. V. ROLE OF THE LIAISON GROUP The parties agree that the King County Liaison Group (Attachment 3), which consists of the planning directors, public works directors, and finance directors or their designees from King County, the City of Seattle, and other municipal jurisdictions within King County, shall serve as a joint forum for the review and recommendation of policy matters and state requirements to the legislative authorities of King County and the municipal jurisdictions within King County. The parties hereby agree that the Liaison Group shall prepare for DCD an annual regional progress report which describes accomplishments of the Joint Regional Strategy. VI. RESPONSIBILITIES AND POWERS OF THE MUNICIPAL- JURISDICTION The Municipal Jurisdiction shall have the following responsibilities and powers: A. The Municipal Jurisdiction shall propose to its legislative authority a local work program which includes an examination of its role in recognizing and addressing regional or county-wide needs through a coordinated funding approach with King County and other municipal jurisdictions. B. The Municipal Jurisdiction shall prepare an annual progress report in accordance with the primary objectives and requirements of the Act, Section 19. The Municipal Jurisdiction's annual progress report shall be sent to the Office of the Manager, King County Planning and Community Development Division, 707 Smith Tower Building, 506 Second Avenue, Seattle, Washington 98104. C. The Municipal Jurisdiction shall exercise its discretion in deter- mining the use of its pass-through funds in a manner consistent with the Act and the Joint Regional Strategy including the Munici- pal Jurisdiction's local policies. 4 D. The Municipal Jurisdiction agrees to propose to its legislative authority activities and budgets for inclusion in the implementa- tion of the Joint Regional Strategy. E. The Municipal Jurisdiction shall send representatives to partici- pate actively in technical forums for the purpose of accomplishing the Joint Regional Strategy. F. The Municipal Jurisdiction shall prepare and submit to King County for transmittal to DCD a short written description of high prior- ity growth management work program projects upon which the Munici- pal Jurisdiction intends to begin work during the period between July 1, 1991 and June 30, 1992. This description shall include reference to work program projects which implement the Joint Regional Strategy. G. The Municipal Jurisdiction undertaking activities and/or projects with DCD funds distributed under this Agreement retains full civil and criminal liability as though these funds were locally gener- ated. H. The Municipal Jurisdiction shall fully comply with the State Environmental Policy Act. I. The Municipal Jurisdiction shall maintain accounts and records, including personnel, property, financial , and programmatic records, and other such records as deemed necessary, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Agreement. These records shall be maintained until June 30, 1994, unless a longer retention period is required by law. VII. RESPONSIBILITIES AND POWERS OF KING COUNTY King County, by and through its employees, agents, and representatives, agrees to: A. Obtain and present to the Liaison Group all applicable State and DCD policy guidelines, special conditions, and format requirements related to the implementation of the Joint Regional Strategy and related to the administration of the grant funds distributed pursuant to the Act, Section 20. B. Prepare and present to DCD the annual progress report regarding the implementation of the Joint Regional Strategy as required by DCD pursuant to the Act, Section 19. C. Identify supplemental sources of funding to increase the ability of King County and the municipal jurisdictions within King County to carry out effective growth management activities. D. Prepare reports, organize meetings and technical forums/work groups as needed for the Liaison Group to assist in the implemen- tation of the Joint Regional Strategy. VIII. GENERAL TERMS A. This Agreement for the 1991-1992 fund distribution shall be effec- tive July 1, 1991 through June 30, 1992. The parties acknowledge, however, that commitments to accomplish the Joint Regional Strat- egy do not terminate with this Agreement. The parties agree to use their best efforts to work with DCD to secure additional funding beyond the 1991-1992 funding period and to execute subse- quent agreements. B. The King County Council through the adoption of Ordinance #10182, Section 76 appropriated DCD funds for distribution to King County 5 and the municipal jurisdictions within King County for the 1991- 1992 funding year; C. It is recognized that amendments to this Agreement may become necessary, and such amendment shall take place only when the parties have executed a written addendum to this Agreement. IX. EVALUATION AND MONITORING A. The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review, or audit by King County so authorized or as requested by DCD during the performance of this Agreement and until June 30, 1994, unless a longer retention period is required by law. B. The Municipal Jurisdiction agrees to cooperate with any monitoring or evaluation activities conducted by King County that pertain to the subject of this Agreement. The Municipal Jurisdiction agrees to allow King County, DCD, the State Auditor, and/or any of their employees, agents, or representatives to have full access to and the right to examine during normal business hours and as often as King County may deem necessary, all of the Municipal Jurisdic- tion's records with respect to all matters covered by this Agree- ment. King County and/or any of its employees, agents, or repre- sentatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all invoices, materials, payrolls, and record of matters covered by this Agreement. King County will give advance notice to the Municipal Jurisdiction in the case of fiscal audits to be conducted. C. The results and records of said evaluation shall be maintained and disclosed in accordance with RCW Chapter 42.17. X. HOLD HARMLESS A. King County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes to or on behalf of the Municipal Jurisdiction, its employees, or others by reason of this Agreement. The Municipal Jurisdiction shall protect, indemnify and save harmless King County, its officers, agents, and employees from and against any and all claims, costs, and losses whatsoever occurring or resulting from (1) the Municipal Jurisdiction's failure to pay any such compensation, wages, benefits, or taxes; and (2) the supplying to the Municipal Jurisdiction of work, services, materials, or supplies by municipal employees or others in connection with or in support of the performance of this Agree- ment. B. The Municipal Jurisdiction further agrees that it is financially responsible for and shall repay King County all indicated amounts following an audit exception which occurs due to the negligence, intentional acts or failure for any reason to comply with the terms of this Agreement by the Municipal Jurisdiction, its offi- cers, employees, agents, or representatives. This duty to repay King County shall not be diminished or extinguished by the prior termination of this Agreement pursuant to Section VIII or Section IX. C. The Municipal Jurisdiction shall protect, defend, indemnify, and save harmless King County and the State of Washington, their offi- cers, employees, and agents from any and all costs, claims, judg- ments, or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Municipal Jurisdiction, its officers, employees, or agents. The Municipal Jurisdiction agrees that its obligations under this subparagraph extend to any claim, demand, or cause of action brought by or on behalf of any employee of the Municipal Jurisdiction against King County, its officers, agents, or employees, and includes any judg- ment, award, and cost arising therefrom, including attorney fees. -6 King County shall protect, defend, indemnify, and save harmless the Municipal Jurisdiction, its officers, employees, and agents from any and all costs, claims, judgments, or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of King County, its officers, employees, or agents. King County agrees that its obligations under this subparagraph extend to any claim, demand, or cause of action brought by or on behalf of any employee of King County against the Municipal Juris- diction, its officers, agents, or employees, and includes any judgment, award, and cost arising therefrom, including attorney fees. Claims shall include, but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement or any copyright, patent, trademark, trade name, or otherwise results in unfair trade practice. D. The Municipal Jurisdiction shall provide King County with evidence of general liability insurance with limits of no less than $1 million per occurrence to provide coverage for claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Municipal Jurisdiction, its agents, representatives, employees, or subcon- tractors. If the Municipal Jurisdiction is self-insured for this requirement, a certification of self-insurance shall constitute compliance with this section. XI. TERMINATION A. This Agreement may be terminated without cause by King County, in whole or in part, prior to the date specified in Section VIII, upon thirty (30) days advance written notice of the termination to the Municipal Jurisdiction. B. If at any time during the term of this Agreement, either (1) the State of Washington terminates King County's DCD grant status, or otherwise acts to terminate, reduce, modify, or withhold its grant funding to King County, or (2) any necessary appropriations of funds for the Municipal Jurisdiction are not made to King County by the State of Washington, or are revoked or withheld, or (3) the King County Council does not appropriate DCD funds for distribu- tion to the Municipal Jurisdiction, then King County may terminate this Agreement upon giving twenty (20) days' written notice to the Municipal Jurisdiction. The parties acknowledge that, except as otherwise specifically provided for herein, King County shall in no event be responsible for the payment of any funds to the Munic- ipal Jurisdiction. King County, as the official fiscal agent, shall have the authority and responsibility to ensure that upon termination of this Agreement, any remaining DCD funds are made available in the manner described in paragraph II(C) above and in accordance with state regulations, or returned to DCD. C. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms, and conditions set forth in this Agreement are breached by the other party. XII. REDUCTION OF FUNDS In the event that there is a reduction of funds by the State of Washing- ton or DCD, and if such funds are the basis for this Agreement, then King County may unilaterally terminate all or part of this Agreement, or King County and the Municipal Jurisdiction may reduce their respective scopes of work or budgets under this Agreement. XIII. SEVERABILITY 7 In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition or application. To this end the terms and conditions of this Agreement are declared severable. XIV. RECAPTURE PROVISION A. In the event that DCD elects to recapture funds from either King County or the Municipal Jurisdiction for failure to expend grant funds in accordance with state law and/or the provisions of this Agreement, King County reserves the right to recapture such funds on behalf of DCD in an amount equivalent to the extent of noncom- pliance. B. Such right of recapture shall exist for a period not to exceed three (3) years following termination of this Agreement. Repay- ment by the Municipal Jurisdiction of such funds under this recap- ture provision shall occur within thirty (30) days of demand. Funds recaptured by King County shall be returned to DCD. In the event that King County is required to institute legal proceedings to enforce the recapture provision, or is required to participate in legal proceedings as a result of the Municipal Jurisdiction's noncompliance with the provisions of this Agreement, or is required to reimburse the State of Washington for the cost of legal proceedings, then King County shall be entitled to reim- bursement of its costs from the Municipal Jurisdiction, including reasonable attorney's fees. XV. NONDISCRIMINATION There shall be no discrimination against any employee or independent contractor paid by any funds which are the subject of this Agreement or against any applicant for such employment because of race, religion, color, sex, age, sexual orientation, handicap, or national origin. This provision shall include, but not be limited to the following: employ- ment, upgrading, demotion, transfer, recruitment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selec- tion for training. The Municipal Jurisdiction and any independent contractor paid by funds which are the subject of this Agreement shall comply with the require- ments of Section 504 of the Rehabilitation Act of 1973, as amended. XVI. RIGHTS TO OTHER PARTIES It is understood and agreed that this Agreement is solely for the bene- fit of the parties hereto and conveys no right to any other party. XVII. GOVERNING LAW AND FILING This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Washington. This Agreement shall be filed with the city clerk of the Municipal Jurisdiction, the King County Records and Elec- tion Division, and the State of Washington Department of Community Development. XVIII. ADMINISTRATION A. King County's representative shall be Address: Phone: 8 B. The Municipal Jurisdiction's representative shall be Address: Phone: XIX. ENTIRE AGREEMENT/WAIVER OF DEFAULT The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorpo- rated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by King County, which shall be attached to the original Agreement. KING COUNTY, WASHINGTON MUNICIPAL JURISDICTION King County Executive Signature of Designated Official Official Title City or Town APPROVED AS TO FORM: APPROVED AS TO FORM: approved as to form only by King County Prosecuting Attorney Official Title per memo dated December 12, 1991 GM2/gmagree7 ATTACHMENT 1 KING COUNTY JOINT REGIONAL STRATEGY 1992 Background: The Interjurisdictional coordination required by the Growth Management Act has been undertaken In King County through the establishment of Technical Forums and Public Works Work Groups in 1991. These inter- jurisdictional activities will be coordinated through the Liaison Group, which consists of planning, public works and finance directors of Seattle, suburban cities and King County, and is chaired by Lois Schwennesen, King County Parks Planning and Resources Director. The Planning Directors Association and Public Works Direc- tors will continue to work in conjunction with the Liaison Group to oversee interjurisdictional efforts. The rec- ommended grant distribution formula reserves$86,000 for regional funding to support staffing of the interjuris- dictional Technical Forums and Work Groups. Primary Activities for 1992 include: 1. Countywide Planning Policies: ReESHB 1025 requires countywide planning policies to be adopted by July, 1992 according to an agreed-upon process. The recommended grant distribution formula reserves$246,000 for regional funding to support this effort. Actions: According to the process agreed to by King County jurisdictions, a Growth Management Planning Council of King County, an interjurisdictional group of elected officials, will recommend poli- cies to King County. Following King County adoption, the policies will be submitted to cities for ratifi- cation. King County Executive staff will prepare policy alternatives for review by the Liaison Group (see Attachment). Milestones: GMPC begins meeting Dec 1991 Recommendation on Urban Area pattern Feb 1992 Draft Policies to Cities for Review April 1992 Final Recommendations to King County May 1992 King County Adoption June 1992 Ratification by cities July 1992 Products: Countywide Planning Policies on elements required by ReESHB 1025, locally based dispute resolution process, and public participation/input on Countywide policies. JRS 1 December 19, 1991 2. Urban Growth Areas Background: The Urban Growth Area Technical Forum established In 1991 will continue its work In 1992. King County and cities will participate In the Technical Forum and provide Information and data as requested to aid In recommendations for Urban Growth Area for the county and for Individual cities. An Interim Urban Growth Area established under the Growth Management Act by King County Ordi- nance 9849, adopted In March, 1991, Is recognized as preserving options for the final designation of Urban Growth Areas in 1993. 1991 Accomplishments: Agreed on a process and criteria for designating urban growth areas Identified data required to support Urban Growth Area designation 1992 Objectives: Oversee the collection and analysis of land use and level of service data (Ongoing) Review preliminary draft policies (March 1992) Review and propose methods to encourage urban growth (April 1992) Propose draft urban growth areas (August 1992) Prepare draft map of alternative city urban growth areas (September 1992) Review recommended UGA and policies (November 1992) Contributing Products From Other Technical Forums And Work Groups: The work and products of other Work Groups and Technical Forums contribute to the objectives of the Urban Growth Area designation process by providing information and recommendations on infra- structure level of service and financing, land capacity, fair share of affordable housing, and open space systems for community separators. The groups also provide informatlon-sharing and encourage con- sistency between jurisdictions in preparing Comprehensive Plan elements required by the Growth Management Act. King County and cities will participate In the Work Groups and Technical Forums and will provide information and data as requested to assist in the completion of products and objec- tives of the groups. Detailed work plans for each Technical Forum and Work Group have been pre- pared and presented here In summary form. Transportation Work Group 1991 Accomplishments: Agreed to a common process for travel demand forecasting and worked with PSRC in developing land use and transportation models. Researched methodologies for arterials and transit, and will have agreement on conceptual level of service approach. JRS 2 December 12, 1991 1992 Objectives: Establish a coordinated and consistent arterial level of service standard and work with Metro to set a transit level of service tied to land use actions (preliminary standards-February 1992, Final standards- June, 1992) Develop future estimates of travel demand based on land use alternatives (preliminary forecasts-March 1992; Revised forecasts-July 1992) Establish a process for estimating transportation needs based on levels of service and demand esti- mates. Assess adequacy (August 1992) and develop a process for reevaluating or reassessing alter- native actions for achieving adequacy(September 1992) Analyze financing adequacy and develop strategies to finance alternative land use/transportation scenarios. (preliminary-February, 1992; Final-August, 1992) Data Resources Technical Forum 1991 Accomplishments: Agreed on a method to estimate residential capacity of land under cuff ent plans in Incorporated and unincorporated King County. Initiated data work in each jurisdiction to estimate residential capacity and produced a map Identifying capacity by census tract, jurisdiction and planning area. 1992 Objectives: Produce redevelopment capacity data and mapping (January 1992) Integrate critical areas data to refine land capacity estimates and support delineation of urban separa- tors (February, 1992) Compare land capacity results with growth forecasts for 2010 (May, 1992) Integrate capital facilities and utilities data with land capacity and forecast data to support UGA desig- nation (June-November, 1992) Determine a unit of measurement for consistency in analyzing and mapping data. Critical Areas Technical Forum 1991 Accomplishments: Produced King County Model Ordinance Package to be used as a resource to jurisdictions in the development of policies and regulations to meet interim GMA requirements Produced a matrix identifying which jurisdictions currently regulate critical areas and resource lands JRS 3 December 12, 1991 Established subregions for achieving consistency In critical areas and resource lands protection, and convened sessions to share technical information on each critical area/resource land defined by the GMA. 1992 Objectives: Produce a countywide map of major critical areas and resource lands (March, 1992) Identify the relationship between critical areas, open space corridors and Urban Growth Areas (April, 1992) The Critical Areas Technical Forum will conclude its regular meetings in April, and will convene as needed later In 1992. Surface Water Work Group 1991 Accomplishments: Identified data format and needs to support and coordinate with other Technical Forums and County- wide Planning Policies Discussed compatible approaches to developing mandatory elements of the capital facilities plans Initiated inventory 1992 Objectives: Produce guidelines for coordinated levels of service (January, 1992) Develop surface water criteria for Countywide and municipal Urban Growth Area designation. Prepare recommendations for service provision in annexation areas. (May, 1992) Develop financing strategies and propose land use reassessment mechanisms for incorporation Into capital facilities plans. (May, 1992) Affordable Housing Technical Forum This forum will be established in 1992 to Identify regional needs for affordable housing, recommend Implementation measures for countywide planning policies, and provide technical assistance and information in the preparation of each jurisdiction's comprehensive plan housing element. 1992 Objectives: Define and quantify countywide housing need, including housing for low and moderate households, special needs, and first-time home buyers (February 1992) Survey jurisdictions on existing housing units, existing and projected needs, and priorities for future programs; produce a menu of strategies to develop and preserve affordable housing (April 1992) Evaluate Urban Growth Area alternatives for impact on affordable housing (June 1992) JRS 4 December 12, 1991 Evaluate and recommend implementation mechanisms to be adopted at the local and regional levels to achieve consistency with countywide affordable housing policies. (July 1992) Develop monitoring and evaluation measures to determine success in meeting housing needs and countywide policies for distribution of affordable housing (October 1992) Sewer Work Group 1991 Accomplishments: Coordinated collection of update•information and available sewer comprehensive plans, CIPs, and adopting ordinances from King County sewerage agencies 1992 Objectives:(Preliminary) Organize facility inventory data (March 1992) Assessment of sewer system and UGA impacts (August 1992) Identification of long term sewer agency facility needs (September 1992) Prepare need/cost/revenue analysis for financial capacity determination (October 1992) Water Work Group 1991 Accomplishments: Completed initial assessment of relationships between water supply, federal safe drinking water regu- lations and land use 1992 Objectives: Publish draft Seattle Water Department comprehensive regional Water Supply Plan and DEIS, which addresses water supply issues for the majority of existing and future urban areas, and covers a thirty year planning period (April, 1992) Finalize water supply demand forecasts and programs and projects needed to meet projected demand for the thirty year planning period (July 1992) 3. Public Involvement The Countywide Planning Policies process includes a public participation contract that will be funded and managed interjurisdictionally. The public involvement element will include public meetings throughout King County where comments and opinions on growth management will be elicited. A report of the comments received will be prepared for the Growth Management Planning Council to assist In its consideratlon of recommended policies. Individual jurisdictions'work programs include public participation elements. JRS 5 December 12, 1991 4. Assistance To Small Cities Cities are encouraged to combine resources when appropriate or engage the services of neighboring Jurisdictions to complete work required by the Growth Management Act. In 1991, six cities contracted with King County's Environmental Division to produce critical areas maps as required by the GMA. The cities of Hunt's Point, Gyde Hill,Yarrow Point and Medina Jointly contracted with consulting firms for GMA work. Skykomish is receiving assistance from King County in preparing work plans and contract management. The small city perspective is particularly valuable In the deliberations of the 1lalson Group, and Dan Drentlaw, Enumclaw Planning Director, is a member of that group. The Llaison Group will Identify technical assistance resources that will be available to small cities upon request. Individual Jurisdiction work plans are to include plans for combining resources with other cities and/or assisting neighboring small cities as appropriate. JRS 6 December 12, 1991 0121" W4 n O PC C o Cl ono 'e n •t a W3 ►r G � �^, � A• f�D � 3 e o• m � o . c to a b C C '� �y � yryyyyyy! �y�yy C r[pl'• n V� V n - c * O � `CS � -ow w . 0 .» • .� c 4 oo � nc �D ATTACHMENT 2 Growth Management Act Grant, 1991-92 Allocations to King Count Jurisdictions King County - countywide allocation S2,290,066 Base $35,000 NO:JC:JR Amount reserved for countywide efforts ($332,000) Countywide dec19 Amount for distribution among jurisdictions $1,958,066 reduction 14.5% Jurisdiction 1991 Base Per Capita Total Grant SS Diff 90 to 91 Population Percent in 90 ------------------------------------------------------------------------------------------------------- Algona 1,757 0.11% $29,926 1,171 $31,097 $36,279 (85,182) Auburn 33,280 2.16% $29,926 22,172 52,098 60,389 (8,291) Beaux Arts 287 0.02% S29,926' 191 30,117 35,219 (5,102) Bellevue 87,900 5.70% $29,926 58,562 88,488 101,085 (12,597) Black Diamond 1,505 0.10% $29,926 1,003 30,929 36,123 (5,194) Bothell 12,630 0.82% $28,956 8,414 37,371 42,416 (5,045) Carnation 1,265 0.08% $29,926 843 30,769 35,933 (5,164) Clyde Hill 2,980 0.19% i29,926 1,985 31,911 37,297 (5,386) Des Moines 17,480 1.13% $29,926 11,646 41,572 46,516 (4,944) Duvall 3,020 0.20% $29,926 2,012 31,938 36,810 (4,872) Enumclaw 7,450 0.48% $29,926 4,963 34,889 39,751 (4,862) Federal Way 70,660 4.58% $29,926 47,076 77,002 82,565 (5,563) Hunts Point 505 0.03% $29,926 336 30,262 35,375 (5,113) Issaquah 7,860 0.51% $29,926 5,237 35,163 40,494 (5,331) Kent 39,650 2.57X $29,926 26,416 56,342 62,835 (6,493) King County 531,881 34.49% $29,926 354,355 384,281 417,750 (33,469) Kirkland 40,590 2.63% $29,926 27,042 56,968 63,028 (6,060) ake Forest Par 4,030 0.26% $29,926 2,685 32,611 37,082 (4,471) Medina 2,970 0.19% $29,926 1,979 31,905 37,201 (5,296) Mercer Island 21,190 1.37% S29,926 14,117 44,043 50,337 (6,294) Hilton 695 0.05% $3,804 463 4,267 4,869 (602) Normandy Park 6,730 0.44% $29,926 4,484 34,410 39,922 (5,512) North Bend 2,590 0.17% $29,926 1,726 31,652 36,799 (5,147) Pacific 4,690 0.30% S29,926 3,125 33,051 38,033 (4,982) Redmond 37,460 2.43% $29,926 24,957 54,883 61,333 (6,450) Renton 43,000 2.79% S29,926 28,648 58,574 64,247 (5,673) SeaTac 22,830 1.48% $29,926 15,210 45,136 52,843 (7,707) Seattle 518,000 33.59% $29,926 345,107 375,033 408,060 (33,027) Skykomish 275 0.02% $29,926 183 30,109 35,181 (5,072) Snoqualmie 1,545 0.10% $29,926 1,029 30,955 36,149 (5,194) Tukwila 14,630 0.95% $29,926 9,747 39,673 43,044 (3,371) Yarrow Point 965 0.C6% $29,926 643 30,5.69 35,732 (5,163) ------------------------------------------------------------------------------------------------------- Total 1,542,300 $930,540 S1,027,526 $1,958,066 $2,190,697 ($232,631) ------------------------------------------------------------------------------------------------------- Note: Bothell and Milton receive a proportionate share of the base amount, based on the portion of population in King County. ATTACHMENT KING COUNTY PLANNING/PUBLIC WORKS/FINANCE LIAISON GROUP Public Works Bill Guenzler, Bellevue 462-4061 FAX 637-5272 Carol Osborne, Redmond (alternate) 882-6460 FAX 882-9700 Ross Earnst, Tukwila 433-0179 FAX 431-3665 Lynn Guttman, Renton (alternate) 235-2569 FAX 235-2513 Philip Keightley, Federal Way 661-4131 FAX 661-4129 Frank Currie, Auburn (alternate) 931-3010 FAX 931-3053 Gary Zarker, Seattle 684-5000 FAX 233-3887 Paul Tanaka, King County 296-6500 FAX 296-3749 Lou Haff (alternate) 296-6590 FAX 296-0655 Planning Larry Springer, Federal Way 661-4102 FAX 661-4129 Eric Shields , Des Moines (alternate) 878-8626 FAX 824-6975 Dan Drentlaw, Enumclaw 825-3591 FAX 825-7232 Sandra Davis, Mercer Island (alternate) 236-5300 FAX 236-3651 Roberta Lewandowski , Redmond 882-6447 FAX 869-0148 Rob Odle, Bellevue (alternate) 455-6880 FAX 637-7115 Gary Lawrence, Seattle 684-8056 FAX 684-5360 Elsie Crossman (alternate) 684-8056 FAX 684-5360 Lois Schwennesen, King County 296-7503 FAX 296-8686 Miriam Greenbaum (alternate) 296-8658 FAX 296-0119 Finance Dan Clement, Renton 235-2558 FAX 235-2513 Pat Dugan, Auburn (alternate) 931-3033 FAX 931-3053 Joanne Sylvis , Mercer Island 236-3555 FAX 236-3651 Lenda Crawford, Redmond (alternate) 882-6424 FAX 867-7657 METRO Ron Posthuma 684-1007 FAX 684-1677 �r �; as Eu •za� a ! # �. > ' �' t `}� ea `}S m �� }t F, p¢¢ g � c« j „; q 7 P + t if i J 5 i t ( a f s itf c F ? i 1 c A3� z � � i1pS= x { Y #p11 a 1 zi-g 11 g = lz } z�if e ` ; ' a TQ, y - q i K [} o 0 a 33t 1 y 3� i 1 1 1 1 1 1 1 1 1 1 I I 1 1 11 1 1 1 I t I I 1 1 1 1 1 I I 1 1 1 1 1 1 1 1 1 1 I 1 1.1 1 1 1 1 1 1 • 1 1 1 1 I 1 1 1 1 CITY COUNCIL PLANNING COMMITTEE MINUTES JANUARY 21, 1992 PAGE 5 Councilmember Orr MU3'ED d Council President Woods SECONDED a motion to recommend tom e full City Council on February 4 , 1992 that the two abov p, llonn'e projects receive additional 1992 CDBG program funds as proposed, in l-uding the contingency plan. GROWTH MANAGEMENT SERVICE AGREEMENT (F. SATTERSTROM) Planning Manager Fred Satterstrom reviewed the proposed Growth Management service agreement with the Committee. He indicated that this agreement was an update of the 1991 service agreement and was similar in content. He also indicated that the level of funding was down approximately $6, 000 from the previous year to about $56, 000. He expressed regret that the City was not even presented with a revised agreement until the seventh month of the State ' s 1991-92 fiscal year. Assistant City Attorney Carol Morris presented a memo outlining several concerns with the proposed agreement. She explained there are sections in this agreement regarding termination that need to be eliminated or amended. One section allows King County to unilaterally terminate the agreement without cause. The only reason the County might terminate the agreement without cause is if the City of Kent misappropriate funds. If this section is left in, the County could terminate the agreement and either keep Kent ' s portion of the funds or reallocate them to other jurisdictions. There is no provision in this section of the agreement that deals with disposal of funds if the agreement is terminated. There is a section like this in another part of the agreement that could be read as not applying to the section that Ms . Morris proposes be eliminated. By law, the Interlocal Cooperation Act requires any agreement between King county and the City of Kent to contain a specific provision for that money in the instance that the County decides to terminate. There is another section on termination that discusses what would happen if King County loses DCD grant status or reduces or amends the amount of funds they send the City of Kent. The County can terminate for that reason but they also include wording in that section that would allow revocation if the King County Council does not appropriate DCD funds for distribution to the City. Ms . Morris stated this is unacceptable because it puts discretion in the agreement for the King County Council to decide not to distribute funds to the City of Kent. Another section on reduction of funds needs to be changed because it is redundant. The section on the recapture of funds describes how the County can sue the City if the City misappropriates the funds. It allows King County to recapture all of their attorney fees and costs. There is nothing in the agreement that would protect the City of Kent if the City is sued wrongly. Ms. Morris suggests adding language to the agreement that would allow the City of Kent to recapture attorney fees and costs if the court decides that King CITY COUNCIL PLANNING COMMITTEE MINUTES JANUARY 21, 1992 PAGE 6 County is wrong in suing the City. Another section which talks about amendment of the agreement is inconsistent with another section discussing the same thing. If the agreement is amended, both parties have to sign an amendment. One section says King County can amend the agreement by itself, and then there is a section that says both parties have to sign an amendment. Councilmember Orr MOVED and Council President Woods SECONDED a motion to recommend that the resolution be adopted and the agreement be adopted with the amendments as discussed. Motion carried. COUNTY WIDE-PLANNING POLICIES FRAMEWORK AB'REEMENT F. SATTERSTROM On December 1991, the Planning Con ttee reviewed and approved the proposed interlocal agreement the county wide planning policies fram work. This agreeme t was forwarded to the City Council on Dece ber 17 , 1991 but w s withdrawn because of some last minute changes o the agreemen initiated by the County. The changes affected e ratificati n process for the Growth Management Planning Council. his Counc ' will be putting the proposed goals and policies togeth that ill service as the general framework for the City to do th� com rehensive plan which must be in effect by June 1992 . The rati�fi ation process for the planning policies will take place when ape oved by at least 30$ of city and county governments representing 7b% of the population of King County. ISLAND ANNEXATION (J./HARRIS) Planning Director Harris reported the Staff Annexation Committee has met twice with' the citizens of� he West Hill Island regarding the proposed annexation. The Annexaf,�on Committee recommends the proposed annex tion be placed on the City Council agenda on February 4 , 1952. and a notice be sent fee all property owners of record in the/island. \ Assistant City Attorney Tom Brubaker explainneec� because this is an incorporated island surrounded by the City of R nt and because it is less than 100 acres, the statutory framework lows annexation by an ordinance passed by the Council . It require a hearing, and if the fordinance is passed by the Council, it doh not become effective for 45 days. Within this 45 day period the��res ' ents have an opportunity to gather a referendum petition and put the annexation to a vote. \ If /the Council agrees to go forth with this on February 4 , a resolution would be prepared, a hearing date would be set, and after the hearing if the Council chooses to go forth with the annexation, they could do so by ordinance. Again, there would be 11 '4v L f Kent City Council Meeting Date February 4 , 1992 Category Consent Calendar 1. SUBJECT: MUNICIPAL JAIL SERVICES CONTRACTS 2 . SUMMARY STATEMENT: Authorization for the Playor to execute Plunicipal Jail Services Contracts form &ub +-' }"1-iv--_ � ::,�-tire at�acltraet with the following municipalities : Tukwila Federal Way Port of Seattle Algona SeaTac Pacific Des Moines Auburn Normandy Park Black Diamond 3 . EXHIBITS: Contract 4 . RECOMMENDED BY: Public Safety Committee , dated 1/27/92 (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: NIA SOURCE OF FUNDS : 7 . CITY COUNCIL ACTION: Council-member moves, Councilmember seconds DISCUSSION: ACTION• Council Age da Item No. 3D CONTRACT FOR JAIL SERVICES In accordance with the Interlocal Cooperation Act (RCW Chapter 39 . 34) and the City and County Jails Act (RCW Chapter 70 . 48, as amended) , the City of Kent, Washington, ,municipal corporation, hereinafter referred to as "City of Kent" , and the icipal corporation, hereinafter? City of Algona, Washington, a mun referred to as "Purchaser" , hereby agree to enter into this service contract as follows: I. DEFINITIONS Unless the context clearly shows another usage is intended, the following terms shall have these meanings in this contract. A. "Kent Corrections Facility" means a place, owned and operated by the City of Kent primarily designed, staffed, and used for the housing of adults charged with a criminal offense; ers after conviction for the punishment and correction of offend of a criminal offense; or for confinement and/or holding during a criminal investigation of a civil detention to enforce a court order. As of the date of the execution of this agreement, "Facility" includes the City of Kent Corrections Facility, at 1230 Central Ave. So. , Kent, Washington, operated by the City of Kent pursuant to this contract. "Prisoner" means a person held when" a charge of B. Purchaser municipality is the principal basis for confining that person (e.g. , the person is confined by reason of an ordinance violation - pre-trial or post-trial) . It includes, but is not limited to, (a) a prisoner arrested by and booked on behalf of a police officer of Purchaser by reason of an "open charge" or investigation of a felony;. or a prisoner detained for Purchaser after a City of Kent "hold" has been released; (b) it includes an individual arrested by a police officer of Purchaser and booked and housed in the Kent Corrections Facility. II. JAIL AND HEALTH SERVICES The City of Kent shall accept for confinement and/or holding in the Facility those persons who are prisoners as defined in Article I and shall furnish Purchaser with the Facility, booking, and custodial services, and personnel for the confinement of Purchaser's prisoners at least equal to those provided by the City of Kent for confinement of its own prisoners. The services provided herein shall include basic medical care, as defined by Washington State Custodial Care Standards (W.A.C. #289-20) except hospitalization, prescriptions, surgical and dental care which Purchaser agrees to bear. The City of Kent shall furnish to the Purchaser all Facility medical and health care services required to be provided pursuant to federal or state law and regulations promulgated thereto. III . COMPENSATION Purchaser will pay the City of Kent a maintenance charge as follows: A. The City of Kent hereby authorizes the use to Purchaser for the confinement and/or holding of persons booked and held by the Kent Corrections Facility (KCF) , subject to available space and facilities as may be determined solely by the City of Kent. It is acknowledged and agreed that access to the KCF is on a non- exclusive space available basis and further that the City of Kent is contracting with and retains the right to contract with other cities for similar access to KCF during the term of this contract. B. Purchaser agrees to pay to the City of Kent the sum of fifty-eight ($58) dollars per prisoner per 24-hour period (calculated from initial booking time, (or any portion of a 24- Page 2 of 6 hour period) and such payment to be made promptly and to the City of Kent within 30 days after the monthly statement is received. C. Each party may examine the other' s books and records to verify charges. If an examination reveals an improper charge, . the amount shall be applied on the next month' s and subsequent month's statements until the credit has been exhausted. This 32:� provided that any unused credit which exists at the time of the , termination of this contract shall be refunded within 20 days of the date of termination. IV. TERM This contract shall take effect January 1, 1992 and shall supersede and terminate any other Facility use agreement or contract existing between the City of Kent and Purchaser. This contract shall automatically renew from year to year unless otherwise modified or terminated as provided herein. This contract may be terminated by either party upon 60 days written notice from the party desiring termination. V. MODIFICATION This amendment shall be modified only upon mutual consent of the parties, in writing, signed by both parties. VI. INDEMNIFICATION. LITIGATION A. Purchaser agrees to defend, indemnify and hold harmless the City of Kent and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, cost, expenses, and damages of any nature whatsoever by reason of or arising out of any actor omission of Purchaser, its officers, Page 3 of 6 tl agents, and employees, or any of them in arrestin charging or transporting Persons. g, detaining, In the event that any suit based upon such a claim, action, loss, or damage is brought a ainst the city Purchaser shall defend the same at its sole cost andoexpense; provided that the City of Kent retains the right to participate in said suit if any principle of involved; governmental or public law is , and if final judgment be rendered against the City of / Kent, and its officers, agents, and em to ees jointly against the Cityof p Y or any of them, or Kent and the Purchaser and their respective officers, agents, and employees, or any of them, Purchaser shall satisfy the same. B. The City of Kent shall defend, indemnify and hold harmless Purchaser and its officers, agents, and employees, or any of them from any and all claims loss, cost, expenses I actions, suits, liability, and damages of any nature whatsoever by reason of or arising out of any act or omission of the City of Kent, its officers, agents, and employees, or any of them in confining persons who have been presented to and accepted by the Facility by Purchaser, its officers, agents, and employees while said persons are in the Facility or in the custody of the City of Kent outside the Facility except to the extent said claim,action, loss or damage is the result of the negligence of Purchaser. In the event that any suit based upon such a claim, action, loss, or damage is brought against Purchaser, the City of Kent shall defend the same at its sole cost and expense provided that Purchaser retains the right to participate in said suit if any principle governmental or public law is involved, and if final judgment be rendered against Purchaser, its officers, agents, and employees, or any of them, or jointly against Purchaser and the City of Kent and their respective officers, agents, and employees, or .any of them, the City of Kent shall satisfy the same. Page 4 of 6 VII. NON-DISCRIMINATION/EQUALITY OF EMPLOYMENT OPPORTUNITY The City of Kent will provide equal employment opportunity in administering this contract, in implementing this contract, and in administering the Facility, and prohibit discriminatory treatment. VIII . WAIVER No waiver of any right under this contract shall be effective unless made in writing by the authorized representative of the party to be bound thereby. Failure to insist upon full performance on any one or several occasions does not constitute consent to or waiver of any later nonperformance, nor does payment of a billing or continued performance after notice of a deficiency in performance constitute an acquiescence thereto. IX. INSURANCE Purchaser and the City of Kent shall each obtain and maintain general liability insurance with limits of one million dollars ($1, 000, 000) per occurrence, two million dollars ($2 , 000, 000) aggregate. This general liability insurance shall provide protection against the general liability, police professional liability, and error and omission of each entity. Each entity to the contract shall provide certificates of insurance demonstrating coverage by the required insurance. Purchaser shall name the City of Kent as an additional named insured on its liability policy (in regard to arrest, detention, charging or transporting of prisoners) , and a copy of the additional insured endorsement shall be attached to the certificate. The City of Kent reserves the right to request a certified copy of the policy that evidences the above coverages. Page 5 of 6 X. SEVERABILITY If any provisions of this contract shall be held invalid, the remainder of this contract shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of both parties. XI . ENTIRE CONTRACT This contract consists of six pages. This contract represents the entire understanding of the parties. It supersedes any oral representations that are inconsistent with or modify its terms and conditions . IN WITNESS WHEREOF, the parties have caused this agreement to be executed on the day written below. CITY OF ALGONA CITY OF KENT By: By: CITY MANAGER/MAYOR MAYOR APPROVED AS TO FORM• APPROVED AS TO FORM: CITY ATTORNEY, CITY OF ALGONA CITY ATTORNEY, CITY OF KENT jailcont.doc Page 6 of 6 rr� ,I�,' 14• Kent City Council Meeting Date February 4, 1992 Category Consent Calendar 1. SUBJECT: EXCUSED ABSENCE FOR COUNCILMEMBER PAUL MANN 2 . SUMMARY STATEMENT: Because of a recent knee injury and pending surgery, approval of Councilmember Mann's request for an excused absence from the City Council meetings of February 18, 1992, as well as January 21, the day of the injury. 3 . EXHIBITS: Memorandum from Councilmember Paul Mann to Mayor Kelleher and City Council President Woods dated January 27, 1992 . 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 Age a Item No. 3E MEMORANDUM TO: DAN KELLEHER, MAYOR JUDY WOODS, CITY COUNCIL PRESIDE T (y� FROM: PAUL MANN, COUNCILMEMBER 6`z"`—Q DATE: JANUARY 27, 1992 p v SUBJECT: CITY COUNCIL EXCUSED ABSENCE Because of a recent knee injury and pending surgery, I would like to request an excused absence from City Council meetings to be held on Feb. 4th and Feb. 18th. I would also request that my absence from Council on January 21st, the day of my injury, also be excused. At this point, I am uncertain of the length of recovery, but I will return to Council meetings as soon as my Doctor releases me to do so. Thank you for your consideration. PM:jb i\ _.. Kent City Council Meeting \, Date February 4 , 1992 Category Consent Calendar 1. SUBJECT: WORKING TOGETHER-DRUG REDUCTION GRANT 2. SUMMARY STATEMENT: Acceptance of a Housing Authority Grant, adoption of the $30, 000 budget and approval for the Mayor to sign a contract with King County Housing Authority to target drug reduction in Valli Kee Apartments. King County has obtained a Housing Authority Grant to focus on drug reduction in King County Housing units. The contract will be for reimbursement of up to $30, 000 of additional services that will focus on crime prevention, block watch, DARE functions, and community security and crime reduction by officers assigned to bicycle patrol of the complex. $5, 000 will provide two bicycles and equipment and $25, 000 will cover salaries and benefits, primarily overtime for existing staff. No additional staff will be added. This will focus additional funds in the City's drug reduction program without adding staff in an economically depressed budget year. 3 . EXHIBITS: Fiscal note from executive committee, 1/22/92; memo to public safety, 1/27/92; and copy of grant document 4 . RECOMMENDED BY: 1/22/92 Executive Committee, 1/27/92 Public Safety Committee (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended ti 6 . EXPENDITURE REQUIRED: $30, 000 SOURCE OF FUNDS: King County Housing Authority Grant 7 . ' CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Age da Item No. 3F MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- Dject: DRUG REDUCTION GRANT - FISCAL NOTE Cteator: Tony MCCARTHY / KENT70/FN Dated: 01/30/92 at 1748 . THE POLICE DEPARTMENT IS REQUESTING APPROVAL TO SIGN A CONTRACT WITH KING COUNTY TO TARGET DRUG REDUCTION IN VALLEY KEE APARTMENTS . KING COUNTY HAS OBTAINED A HOUSING AUTHORITY GRANT TO FOCUS ON DRUG REDUCTION IN KC HOUSING UNITS. THE CONTRACT WILL BE FOR REIMBURSEMENT OF UP TO $30, 000 OF ADDITIONAL SERVICES THAT WILL FOCUS ON CRIME PREVENTION, BLOCK WATCH, DARE FUNCTIONS AND INCREASED POLICE BICYCLE PATROL. $5, 000 WILL PROVIDE TWO BICYCLES AND EQUIPMENT AND $25, 000 WILL COVER SALARIES AND BENEFITS, PRIMARILY OVERTIME FOR EXISTING STAFF. NO ADDITIONAL STAFF WILL BE ADDED. THE EXECUTIVE COMMITTEE RECOMMENDS APPROVAL OF SIGNING THE CONTRACT FOR $30, 000 WITH KING COUNTY HOUSING AUTHORITY. THIS WILL FOCUS ADDITIONAL FUNDS IN THE CITY 'S DRUG REDUCTION PROGRAM WITHOUT ADDING STAFF IN AN ECONIMICALLY DEPRESSED BUDGET YEAR. THEY ALSO RECOMMENDED APPROVAL OF THE $30, 000 BUDGET CHANGE. KENT POLICE DEPARTMENT January 16, 1992 TO: PUBLIC SAFETY COMMITTEE FROM: LT. R. CLINE SUBJECT: WORKING TOGETHER DRUG REDUCTION GRANT ATTACHED FOR YOUR CONSIDERATION IS A CONTRACT. THIS CONCERNS A FEDERAL GRANT THAT WAS SECURED BY THE KING COUNTY HOUSING AUTHORITY. THE WORKING TOGETHER GRANT FOCUSES ON HOUSING AUTHORITY FACILITIES . ONE FACILITY IS IN THE CITY LIMITS OF KENT AND IS THE VALLI KEE APTS . THE GRANT IS DESIGNED TO PROVIDED OTHER THAN USUAL SERVICES ON A CONTRACTUAL BASIS . THIS WOULD HAVE DRUG AND ALCOHOL SCREENING, COUNSELING,JOB TRAINING, EDUCATION AND AWARENESS PROGRAMS , AND ADDED UNIFORM POLICE PRESENCE. THE DESIRE IS TO PROVIDE A HEALTHIER ENVIRONMENT FOR RESIDENTS AS WELL AS INCREASED SERVICES TO IMPROVE QUALITY OF LIFE AND REDUCTION OF DRUG AND ALCOHOL PROBLEMS . THE CONTRACT WOULD PROVIDE ADDITIONAL POLICE SERVICES . THEY WOULD INCLUDE CRIME PREVENTION, BLOCK WATCH, AND DARE FUNCTIONS ABOVE AND BEYOND WHAT IS CURRENTLY PROVIDED. WE WOULD ALSO PROVIDE INCREASED POLICE PATROL BY USE OF OUR BICYCLE PATROL. OUR COMPENSATION WOULD BE $5 , 000 TO PURCHASE TWO BICYCLES,EQUIPMENT, AND UNIFORMS . THIS WOULD INCREASE OUR BICYCLE PATROL TO A TOTAL OF FOUR OFFICERS AND FOUR BIKES . WE WOULD ALSO BE COMPENSATED UP TO $25, 000 IN SALARIES FOR OFFICERS DUTY TIME EXPENDED IN PROVIDING THE ADDITIONAL SERVICES . ACTION REQUESTED IS A REVIEW OF THE CONTRACT AND RECOMMENDATION TO COUNCIL FOR APPROVAL OF ENTERING INTO A CONTRACTUAL AGREEMENT WITH THE HOUSING AUTHORITY. THANK YOU LT.,,2 CLINE Y".S 1, "JERV T(. ,p I s i I t i:t2 I i i I L o 1)y and LeLolaen L I Housing A11LI'IC)I Ly Cl Ilk2re i.ila f Lt!l rcof k I [I o d-; 1,o)-J Ly" aild L 11 C,i, I Y A 10 c a t e t I al- 2^0 WA 98032-5895 1.11c 11 C)Ll s i I I( ul llC l y Ilas dt:A e r 11)i 1-1 e,d 1.1-1 c to have car.C L; 11 G i'a I :,l- I r()]-it I e CI f C)r i L s I:e s 1.CI I I L but. llol ljtv([ 111I. s t9 I v i c.t-L; , a 1) t WH LIZ EAS 11OLU; lit) T,k, I [I v J e s i L e s Lu Lave L lie, Agency pei-fol-ilL Sllk'll st,'1-1) ) t,jjanj-. ..Lc) C.el:tajf1 t1E!rji)s and (-1011di Liull5 , llow ,, Lllel- t-1 0 L c< 1 TN CONSIDERATION ON 1, lic 1,r.j i ual 1,enefits allcl "llcii t-' ()lls her�iflaj: LeL C)1-1 L a I I I e Ll L1 hart iI,s I,e i:e L o agree as follows : C- -it, T he y v f c)i e C] I,y Agency ._tljL�y Agency steal I L)I--I- F(),-III :,Il vj es c L:i 1')ed oli F.x 11 i b j t. A a he-j- u and o L a L I- L-'i 11 1)y 1.11i L; i: eE L I I C"0 as if f il 1. 1 y eel. t 11 T ii f �j such s e I-v i c es t.ha Agrncy shall at: I Lints Federal , S[. [ LA I a _e Jj)L U , s L a t u t.es l:ul -s 1:)11(1 U l-,I i I ,I I I c C-, e t o the p e r C.,L ril a n ce ni- such C7 I v i cm� and or Lilly i'lill(Is 11 oil lt,-) :W i LIJ . ut AU L h oL j Lyit II,ly Lll .� L clldel:tL!J [_c) [_jj� i foi Lh un E.xIilhil- 13 at-taclit---d I i L:I.-o I o ct 1 1 d i I 1 1-0 L)L)I J by Lids i. e f I,-:I C- e The L u L a I a I i i i 1 1 I o 1.)c i d -- Ia,l l I I 1 0 11 u,%: 7- -cl "1 3 0 , 000 . 3 . Aoeiicy 5l1l( T"g'.11cy steal I apply t I I funds u 1. L ved undar Llli.s A(-I i 11i"Alt. k: 1.1ij it the MaXi MUM 1 J,Ild t set FC)1: 1.1 1 i.it 1-1 1 1 Aq i. C:If mejj 1. z,I Id L, i d.i 1,cj Lo L 1i Ijud(i e I i Lell'i ()1-1 E x I I i.1).J. t. E 'I')I U Agency --I J I I l t LI u t: S t. prior d 1)1)L C)V a I f c ot'l L I l.e 11 C)u s i iltj A L I L I 1 0 L t y I 11 1 t- I I v(,I Atj e L I y- (I eS i I-em S to cilh e I I I-1 i. 1:5 1)11 d g tv t. by 1.1 tj 11 l:j t -j L i L)udget a 4 . Pkil-� 11 Oil(M Cir Agl:��ilieill- Shall jl� it ---i-1 -- ------ J full f 01:C:t� all(I L-t f F.L-'c L f,o t Liu, od comitiunc;j iag D,'ceiilLC-'I: -1. 1.091 , anal eii(ling Hovaliil--:j , 1992) , 111`11rSs k1nCler [ Ilt:, pl-oIj j :, j (-)11:-; jt,] I, i [)cif J-t I t: j. f j ('Ll 5 T IACJ ell cy ZAI,(-1 Holls.ing Y atJt, e. t- t it(.- Atj i t iudu�pe:ndr.11t cun1., r I" respect. Lo Lht-- --;e v v i,("(--!; p, I)v j.,l l it I I I:s I ta I I L t 0 1111 d L; AtJtt,tnleIIL . Notliiijg ill Lhis Aol col,w], i steal 1 1)(2 c-ollsi dli I-red to Creal u. arelaLj oi.isliip Of f�'111)10yt-1 ' �Allkl )llployeu ljetk),e,ejl the pacti C!_; lie L L U NeiAlit:_,r Agency, I,(), a 1-1 y r_mployeeof Agency =Alal I 1)f: en L L I ed Lo any 1)eijt�!Vi 1� at` -(I Housing Aut-horiLy employees by virt - Ile of the ;c� -vj. ctIs provided under thisl ,1,lle j I I I 11L)t j t- y sliall not be i*-e s r)0'-1 si,b I C- A g r e en ie I) L - I f a 1: ,,i t I I I 10 1 d j. ur d u(j 11 C L i 1-1 g federal income t a x o v social j,y or c:01it: I-j 1,i,j J:i,71tj t o the State Industrial Insurance Progi-ani, or ()LIIL-1-VII Z'112 LA::;sulf,ing the duties of all employer wiAll respect Lo 1_11e A(Jellcy , ur any employees of t1le Agency . G . 111(leilliki f j.(--.a L i oil ThlI Agency shall inc ini. fy , defend a I)CT 7)1 LlIe 11`11L;:i Jig Aut.lioci I kt.s agents a 1)Cl employees , f 1:OJIL alli-I iAkjlil_�s I. ally ill-ld 1 jabili Ly Ij lu�, t h L u pei- so damage to .0 arising fj:(Jlll i.11JUl'y ul A r L I from acts c Y property rt�Slll I-- i I s OffiI.Ssiolls, of the servants , nflicer. or Lj on wi lAt employees , s c L i v o I ill COI -j, I L L or omission it. a Lliat. all act of Uhu 11OLISiiicj Alit hoi i. LY ol 01 L d t I F e 11;iL. the 11ollsi 'Ili o AuLhorjAy steal - uLA 1 1 1 again s t arty11 i lit o 1: suit. a ri s illy znu suchi Y death or damage , Lhe AgencyV shal I i n Li L i I n i f Y iL Ij and L1 I 10 1 C1 i I I(J 1: e Ll 1.Ij C)J_ 1 {rt�ut ;any i.lig Llility , indelmlify the ant] III I iI1C:Lll:1:l=C1 1jY Lllt� 11L)1_1L�dfl(J Au L li J.t'y for ally ant] Au i L) i 1. Y ol Ik,1v oclA I:le and Ina i rit a-i 11 i rl f LI I I force t-.11r(-)ujhc,uL the dl1LaLi. on of Lllis Agreelllerl (_ comprehensive (jenel:al 1i LA L)i I t y insurance wiLlt a mi i Covel. age of ti; 00 , 000 . 00 pt_,J: (iCcLIL al)Ce/aggregate for personal S L, i (I policy shall Warne Lliu injury andill._L)J)elAY Ck,41illi(Je , liousing Authority of ill(_, (7ojjjity of King as an a6clil.i oila I named ilISLIi:cd and slial I j 'ICA lld= a P' c)vi siOrl prohibiting U rl.c e] ]. a [..j.(I I j or I c(.111 c L, i_()I I in I I 1 1 a a I I 10 u I I t of S a i.d P C)I i C Y 11 ul,nu t I I j. L 1.y ( 3 0 ) tli1 ' p, I ol- v;j:ij. teIj 110tice Ln the lluusing All'tAliji- il.y . Can(:,,:il iaLicui of the required illsul. allk-l-e shall aul-ollwLicLit1j, uClli.illal_ i011 of th-i -, Agrt=L-nieiil- - i iiij Liii_h(li I 1 1"0 LI 1-1 t. V of (j 4)(!j Ll L V it tj I CONTRACT ADDENDUM 6. Indemnification. The Agency shall indemnify!, defend and hold harmless the Housing Authority, its agents and employees, from and against any and all liability, loss, cost, expenses, and damages of any nature whatsoever by reason of or arising out of any act or omission -of the Agency, its officers, agents and employees, except to the extent said claim, action loss or damage is the result of the negligence of the Housing Authority. In the event that any suit based upon such a claim, action, loss, or damage is brought against the Agency, the Housing Authority shall defend the same at its sole cost and expense; provided that the city of Kent retains the right to participate in saiud suit if any principle of governmental or public law is involved; and if final judgment be rendered against the Agency and its officers, agents, and employees , or any of them, the Housing Authority shall satisfy the same. 7 , B . In add:i. L i on to t lie insurance provided f-or in Paragraph A above , the Ayt!ncy -, gall maintain or insure , that its professional employees or contractors maintain professional Iiab.iIi. tx insurancE_� in the event that services delivered pursuant to Lh:i.s Agreement , eit)ier directly or :indirectly , involve providing professional ,services . Sucl, professional liability insurance shall be maintained in, an amount not less than $500 , 000 . 00 combined single .limit, per claim/ ' aggregal.e . I'or the purpose of this paragraph pro- fessional services" shall mean any services provided by a physician , licensed psychologist , or other licensed professional . C . Certification of coverage as required by Paragraplls A and B above shall be delivered to the Housing Authority within fifteen ( 1.5 ) days of execution of this Agreement . 0 . Record ICeeoina and-Reporting.. A . The Agency shall maintain accounts and records , including personnel , ProPertY , financial and programmatic records wl-,ich sufficiently and properly reflect all direct and indirect cosi:s of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the Housing Authority to ensure proper accounting for all funds contributed by the Housing Authority to the performance of this Agreement and compliance with this Agreement . B . These records shall be maintained for a period of saven ( 7 ) years after termination hereof unless is yrantecl Uy the office Of the permission to destroy t heni archivist in accordance wit11 RCFI Chapter 40 . 14 and by the Mousing AuthoriLy " C . The Agency shall submit- monthly program accomplishment reports ( Exhibit C) which compare actual vs . projected accomplishments and expenditure rates . Projected performance measures' aria expenditure are listed on Exhibit C . This report S1-1all Ue Submitted monthly , along with the Agency ' s request; for rei. iilursement which shall be submitted on Agency letterhead . Housi.ng Authority of the County of King SOC1ia1 Services Contract r, Page- o _ i 9 . Aud'it.s and I sZect. ion . `['lie records and documents with respect. to all matLers covered by this Agreement shall be subject at all times to inspection, review or audit by the Housing Au Lhori. ty'.or . any other government agency so authorized by law during the performance of this, Agreement . The Housing Authority shall have the right to an annual audit of the Agency ' s financial statement and condition . 10 . Termination . This Agreement may at any time be terminated by the IIous.ing Authority giving the Agency thirty ( 30 ) days written notice of the Housing Authority ' s intention to terminate the same . If the Agency ' s insurance coverage i.s cancelled for any reason , the Housing Authority shall have the right to germinate this Agreement . 1]. . Discr. iminat..i_on Prohibited . The Agency shall not. discriminate against. any employee , applicant for employment , or any person seeking the services of '.the Agency to be provided under this Agreement on the basis of race , color , religion , creed , sex , age , national origin , mental status or the presence of any sensory , mental or physical handicap . 12 . Assignment: anal �uhcontract . The Agency shall not assign or subcontract any portion of the service contemplated by this Agreement- without the written consent of the Housing Authority . 13 . Entire Agreement . This Agreement contains the entire Agreement between the parties hereto and no other Agreements , oral or otherwise , regarding the subject matter of: this Agreement , shall be deemed to exist or to bind any of the parties hereto . Either party may request changes in the Agreement . Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement . Housing Authority of the County of King Social Services Contract Page 4 of 5 14 . Noti-ces . Notices to the Housing Authority of the County of King shall be sent to Lhe following address : IIousing Authority of the County of King 1.5455 - 65Lh Avenue South SeatLl �I , WA 9II].IIII No to the Agency shall be sent to the address. provided by the Agency upon signature line below .. DATED this day of 1991 . HOUSING AUTHORITY OF THE COUNTY AGENCY CITY OF KENT OF KING BY : EXECUTIVE, DIRECTOR, JIh NAME :i WII.EY TITLE : ATTEST/AUTHENTICATED : ADDRESS : APPROVED AS TO FORM : OFFICE OF THE HOUSING AUTHORITY ATTORNEY BY Blousing Author:i_ ty of the County of King Social :ICI vi ce=; Contract r Pacju '_' o : _ EXHIBIT A -- SCOPE OF WORK Scope of Services to be provided by Agency : The agency shall. furnish LIle residents of Lht2 iluusing Authority of: the County of King Valli Kee community , drug e'himinat.ion services including , but not. limited to , the following : Law enforcement services provided by the City of Kent Police Department to include : No of Hours Number of Tenant Service _ Week _Month Contacts per month Uniformed Bicycle PaLr )] 6 24 50 - 75 contacts Public Education Cr i.iiie Prevention Program; -- G - 0 10 - 25 contacts DARE Program for See Youth -- Above 10 - 15 contacts In addition , the City of: Kent police Department agrees to attend meetings of the Drug Elimination Project TEAM as called by the Housing Authority . The City of Kent Police Department further agrees to be part of the information and referral. network esLablisl,ed in the Drug Elimination Project . It is anticipated than, t11c lii011l7j c)f December ( 12/1.5 through 12/31 ) will be used to secure project staff and order equipment for the proiecl: i EXHIBIT B - PROJECT BUDGET AND PAYMENT SCIiEDULE Project Budget ; Services Pi.ovided : Amount Allocated Law Enforcement Services $25 , 000 Purchase of 2 Bicycles and $ 5 , 000 Equipment for Bicycle Patrols Payment Schedule : Date : Amount : December 31. , 1991 $6 , 150 January 31. , 1992 $2 , 170 February 29 , 1992 $2 , 168 March 31 , 1992. $2 , 168 April 30 , 1992 $2 , 168 May 3.1 , .1992 $2 , 168 June 30 , 1992 $2 , 168 July 31. , 1992 $2 , 168 August 31 , 1.992 $2 , 168 September 30 , 1992 $2 , 168 October 31 , 1992 $2 , 168 NoveinL-er 30 , 1992 $2 , 168 NG RE UIRE14ENTS EXHTBIT C -- AGENCY REPORTI Q Invoice : The Agency shall submit an invoice to the }Iousing Authority t:err days after.- Lhe close of each month . The invoice format is attached and labeled' in Exhibit .C-1 . Client Data RepOI-t : For each service category as defined in this Agreement , the Agency shall submit a "Client Datai Report" within 1.0 working days after the end of each calendar month . The Client Data format is attached as Exhibit- C-2 . Monthly Narrative Report_: The Agency shall submit a "Monthly Narrative Report" wit.hisi 10 working days after the end of each calendar monLl, . The Monthly Narrative Report is attached and labeled Exhibit C-3 . Annual Evaluation ReporL_ The Agency shall submit an annual evaluation report: Grithin 10 working days after November 30 , 1992 . The Annual Evaluation Report format will be provided by the Housiny Authority and will include a summary of actual project. e):pendit.ures per the attached report . Moni.tori.ng : The Housing Authority will request a scheduled visit to the Agency from time to time to monitor contract progress . Coordination : The Agency will be expected to wor)c as a team member of the "Working 'i'ogeLher Project -- attend "Team Meetings , " do a,propriaLe :information and referral for clients with other teamr,lembers , and coordinate efforts with Housing Authority on-site management . 1 I EXHIBIT C-1 IP]vOICt. , WORKING TOGETHER PROJECT Name and Address of CoiitracLor Contract Number. : Amount Requested : for services provided during the month of 1991-92 . Contract Budget : ReimbursemenL to Date : Requested this Month: Balance : NAME : TITLE : SIGNATURE : DATE : 1 1 EXHIBIT C-2 GLIL:N1i DATA AGENCY NAME : MONTH OF SERVICE : _ SERVICE : SUMMARY : Describe the numbers of people assisted by the project . ADULTS : MALE FEMALE YOUTH : MALE FEMALE ETHNICITY : Caucasian Asian/Pacific BI ack Native Amer:i_c:an Hispanic Other Unknown LOCATION : SPRINGWOOD GREEN RIVER HOMES CASCADE FIRWOOD CIRCLE VALLI KEE DURNDALE HOMES EXHTBIT C.--3 NARRATIVE REPORT AGENCY : MONTH : 1. . Describe highlights of program activities : (Use additional paper if necessary . ) 2 . Performance standard( s ) not on target and explanation . 3 . Major problems .iclent.ified and solutions/corrective actions . 4 . OLher commenl;s . Kent City Council Meeting 1 Date February 4 . 1992 Category Consent Calendar 1. SUBJECT: EMKAY DEVELOPMENT-RELEASE OF RESERVATIONS 2. SUMMARY STATEMENT: As approved by the Public Works Committee upon receipt of half the appraised value ($50, 000) , authorization for the Property Manager to prepare the necessary documents releasing the reservation to acquire or obtain easements on a portion of So. 181st as previously vacated. 3 . EXHIBITS: Public Works Committee minutes and vicinity map 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO__><__ YES FISCALIPERSONNEL 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. PUBLIC WORKS COMMITTEE JANUARY 21, 1992 PRESENT: JIM WHITE CAROL MORRIS LEONA ORR MR. & MRS. RUST GARY GILL Emkav Development - Release of Easements Gary Gill reviewed that the City had approved a street vacation in 1966 and had reserved rights for utility easements. The owner is now asking that the City release the easement conditions. They have agreed to pay the City half the appraised value of the property. Jim White asked if this complies with State law. Carol Morris indicated that the City' s ordinance on street vacations does not comply with State law. She is currently amending that. State law says that if we pay full value for a piece of property when vacated we have to receive full value. This situation is to release a reservation for easements. We are not releasing easements. Jim White stated he wondered if 50% of fair market value was enough. Morris responded that State law does not set a value. State law does set the price you ask for vacation of property but not for reservations. The vacation statute states we can vacate on whatever terms we want including reimbursement of the fair market value and we have the option to reserve easements for any future utilities. Carol Morris continued that in 1989 we had agreed to half the appraised value as recommended by the Property Manager in this instance. That is apparently consistent with past practices. Morris stated she had indicated to the attorney for the current owners that we would use a current appraisal to determine fair market value. Jim White asked who the principals of Emkay are. He felt it was important to know to avoid any possible conflict of interest for the Council members. That information was not available but will be provided. The Committee unanimously recommended approval of the release of the reservations. k zBShNe""" ° Renton al 150(70 S 4 e c{As �- gSINS- F." a• t 91s 51 - ES -�� r^I G � c� 14t ]��4rM > ]1,u+NB• 9f19 Gam+ 15 1 „ n 9 n NB kWiiaS. ` a aEII n w 5{n 1 i Pn1 b T I = � Ie 9 N d z 1 I I fl ¢ I95t q sl Pu {t e1YIPYlp 'j Te t C p Q E$E sq v.. tlse 3V • Tutwda 3 a Y' LONGACAES 0005 60St s1BBs u. 1 SOUTH S AI w.•P,na s }t t+ a, Y mmw+ 51e1 ; 'P` ${ CENTER y} u d I. c1 Prve>� y3� 14 s--.R S` SHOPPING 14.0 1p slsss r..siwl.� w41e`. MALL3 g at t x 3 7 4,dC. d I.sa pp Y p IN 5lnndaTa Blvd 93] w ° 4 S tnArvs"1'4 Sr4 4 u v.A s-' E g q9, 3 16f51 A . MCMIC 00 '�n 1p•/ u c '°q ��n 1ne e ' •ES S 1ae 51 °i . § .. 167 to Helghl SIV 1 wn;,N sw > 1a{ t n 57 t g an tg S 51]I st ' 7Z N�N.w p5 Sw4S ; }I n 31]t Pl < `�( q r.Wsp41 P.,A exd 4 { sE 113 sl st .9r P ♦ N T = M51 �'d s 1Is, SE" ntt ^ s ]s sl a� 5w s = > 5]]s -I]a Si 'a S17 St a9.lur e1 > ce s w s s ns1 1 SIWr 'rM179 3e lA( Pa ¢ W.151'T8C ; e s ;f tm4 m n $ 7000S 11 1s111Y Wpm r u H7111a Sta0 St xB Iw sl n_vr.e...,. $W 51 ' < u > 3 If l � gaa Fr 1u< �E 1 ' Y Bless a A IB S.f P. L�i,ke Pn 31 R'' Pny. u1 h C7< 1 n ' al a1 (R IGrww.NS SINS, �? "S •HS Sp'an W S IBe /I � ,9 >u S01•wr Bneu BIM 51 - s 90 "st S 4 1 1"sl INS, B1 'aP y 190N n a sl SZ sl BOPb SF.P fE 1B s 19J'sI Q 4 $ t9351 {r1Er• - 19] 3 > WIeSBf i �t Bel SE I a `91 si An61e lake.s n r` I n w 5190s1 C . n d�9B gl a N t f 19851 � q \WI rE/t_SNEO n B i 2000 szoos _ '�'�E w"r � 5:0]51 S.251 1 • $I 6[ ]BI 51 3 SM3St P� P.AJ �� fld• d a, 4` w 3 ' sz4'1 I51 � I 520a 51 S & t 1. L a�oS1 , S 2BIM x \ So m 1 .i �S:oe s1 -a s zae s 31 A, 3" P..�n., •ou aLE�Atr.Es t�.nnn Es s...l ti ♦'° w 9 444T,,,° .. s xii st .r 12 I I �. E$ In i W ? = - - O'Brien ^ < R P N anes s'AS li / SE 21�St sE z1: N y S 216 St j / �21N t r I4 S n sln - 71 S Is, xOQ :SB.r•-•Y /J4D 1 y� s Ile 9 G•M // /,�1-9 51': I(��'� 22000 S Izfl SI Ov= vm Pwen• O pO O p a:::`1 a .� 3 22 SI (n l,uxery n m SE z2a sl g G o I ' u0i H 5 < I SE ns 9fs sa1• �.....J y < :z]Pr cni m '" —_,JFi• �y '] ne51 -;� 2285, Z ne 51 ]2 SI n aW E2xf$ S Nsm Kent sznN -..23000S s Green i�811t I= ♦t a' 8 _ = °In 2 rbyv L 1232 s1 z 3 •My, , O rtmlJy,4.q.lIAA'�I S C ,♦\ ^ P < xv I jp 49 Q` sl „ P1Lz]eslW ! R I{9AN r ➢ <1 ZI C 1 �+ Gb I4`I Ii�< sf Slat- � g w Po.I > S � z � 000 5 v s a 5240 cwno.s,a•. za1 x S 240 St P9• < 5� i 9 ? ¢ � m a t 6Cmn P•r'I°b E zat5 ES a � idWBY i:.]P, •Yg an.•BPwe Pve � a'>§ <b� nEiSl Hill p� y V ; 1slMxevrt PrP- e, ; Z. `o F E Ag�'n^ a r• B 3 51 52Ug1 s 2.f Q nu�po °3L�vu»•:ai�. _�� W Nvnm a_ y Y ,. C[ S lam•f R ly � IQ - CPWPY a6 CI e �� N y ±�� sm. n F u S 'mroI, at`+ y S246S1 t g •.yl ♦.. w-.,ul .I J n 515 p�e uv t ]a 51 E$• 5 ,.]Ot y, l 1 T3 •;N a '7rCx-.f^ f 1,1w Nnv ae1 ,�e ,w1 au �^^SE 24851 z.9 sl < , _I Efic 6}-xPm• <`{LJI t P r S Coro.v Pan f COS.ZR__)ii Iaxt •�S:f9 —5�- — _ ��r�.,A. _ . �.O..unNua eW.. eW t141{0.9Bx4w I•a a'QFnIQNT tp{ �y Kent City Council Meeting Date February 4 1992 1 Category Consent Calendar 1. SUBJECT: 112TH AVENUE WIDENING 2 . SUMMARY STATEMENT: Accept as complete4the contract with Action Construction Inc. for the 112th Avenue widening project and release of retainage after receipt of the releases from the state. 3 . EXHIBITS: Memo from Public Works Director 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO_ IV\ 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. 3H DEPARTMENT OF PUBLIC WORKS January 29, 1992 TO: MAYOR KELLEHER AND CITY COUNCIL FROM: DON WICKSTROM RE: 112TH AVENUE WIDENING This project provided for the widening of a portion of 112th Avenue S.E. north of S.E. 240th Street. The contract was awarded to Action Construction, Inc. on June 13 , 1991 for the bid amount of $32, 130. 38. Final construction costs were $35, 208 . 19 . It is recommended the project be accepted as complete and the retainage released upon receipt of the State releases. (` Kent City Council Meeting Date February 4 . 1992 Category Other Business 1. SUBJECT: CANTERBURY PLACE FINAL PLAT NO. SU-89-4 2 . SUMMARY STATEMENT: This meeting will consider an application for the Canterbury Place Final Plat No. SU-89-4. The property is approximately 4.5 acres in size and is located north of S.E. 248th Street between 98th Avenue So. and proposed 100th Avenue So. (extended) . All conditions of the preliminary plat have been met. f'i ci- ��, I i j k t.? p.-e f( (i v (. �,_f 3 . EXHIBITS: Staff memo, map, City Council meeting of February 6, 1990 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IWACT: NO_X, YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: V" Councilmember moves, Councilmember seconds to approve the staff's recommended approval for Canterbury Place Final Plat No. SU89-4. DISCUSSION: ACTION• Council Ageiga Item No. 4A CITY OF �� CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 Vit'vO, MEMORANDUM February 4 , 1992 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: CANTERBURY PLACE FINAL PLAT #SU-89-4 On February 6, 1990 the City Council approved the Canterbury Place Preliminary Subdivision No. SU-89-4 , a 15-lot residential preliminary subdivision plat. The site is approximately 4 . 51_ acres in size and is located north of S.E. 248th Street between 98th Avenue S. and proposed 100th Avenue S. (extended) . The property is zoned R1-9 . 6, Single-Family Residential zoning district. Ten conditions were part of the Council' s approval. The applicant has now complied with these conditions as listed below. Staff recommends approval of this final plat application. PRELIMINARY PLAT CONDITIONS 1. Prior to the recordation of the plat, the applicant shall comply with all conditions of the Mitigated Determination of Nonsignificance as entered on October 20, 1989 except for Condition 3 which is specifically modified herein and now by removal of the hyphenated words "on-site" . The detention and biofiltration for the proposed subdivision may be provided by the detention/biofiltration facility this same developer proposes to construct within the Canterbury subdivision at the northeast corner of 100th Avenue SE and SE 248th Street, if the City so approves it. 2 . The applicant shall obtain City approval of detailed engineering drawings for the following improvements, and either construct and/or bond for the same: a. Storm System: Provide storm water detention in accordance with City Drainage Code and provide public storm drainage facilities within all public roadways and roadway improvements required as a condition of this subdivision. b. Sanitary Sewer: Provide City gravity sanitary sewer system to service all lots . Extend sanitary sewers along 98th Avenue S. and along 100th Avenue SE to the north property line of the plat. Canterbury Place Final Plat #SU-89-4 C. Water: Construct City water main on 100th Avenue SE from the north property line of this plat to the south property line. The size thereof shall be in accordance with that specified in the City Water Comprehensive Plan. These improvements are a portion of those required for the Canterbury and Eastwood subdivisions will not be necessary if those projects proceed. Extend the City water main internal into the plat to provide domestic water service and fire flow capabilities to all lots. A minimum six-inch main is required. d. Internal Streets: Improve internal roadway system to residential access road standards (i. e. , curb and gutter, minimum five foot sidewalks, street lighting, asphalt pavement (minimum roadway width 28 feet curb to curb) , underground utilities, drainage, street signs, and related appurtenances) . Dedicate adequate right of way to accommodate 25 foot radius curb returns at intersections. e. 100th Avenue SE: Dedicate the easterly 30 feet of the subject property as right of way for 100th Avenue SE and improve the west half of the roadway to collector street standards (18 feet from centerline to curb, curb and gutter, sidewalks, street lighting, storm drainage facilities, underground utilities and related appurtenances) . f. On 98th Avenue S. , improvements shall include a half- street pavement width of 16 feet with curb and gutter, sidewalks, street lighting, storm drainage, underground utilities and related appurtenances. Widen the west half of 98th Avenue S. to 12 feet in width and partially overlay same to property feather the asphalt surfacing of the new section to the existing asphalt pavement. g. Install street identification signs with location, size and message as approved by the Building Department. Page 2 of 2 Canterbury Place Final Plat #SU-89-4 B. Prior to or in conjunction with the issuance of any development permit: 1. Provide a comprehensive, accurate tree plan for each lot, showing all trees of six-inch caliper or greater. The plan should also show the trees in relationship to any proposed structure. 2 . Provide minimum fire flow of 1, 000 gallons per minute at 20 psi at approved locations . Fire hydrants shall meet the required 600 foot spacing. JPH/mp: c: su894FP.mem Page 3 of 2 February 6 , 1990 STREET VACATION would appear that a variance would addr s the entire problem. Planning Director Ha is stated that the building is in violation o the Zoning Code and Mr. Chilcoate is trying to b ang it into pliance. The matter of the front yard setback wil be addressed separately�' He assured Mr. Anders that Mr. Chilcoa% is following the proper procedur There were ng/further comments and JOHNSON MO that the/public hearing be closed. White seconde and" t�he motion carried. JOHNSON THEN MOVED to approve Lexander Ave. Street Vacation No. STV-90-1 with on c ition as recommended by staff and to direct the City orney to prepare the ordinance upo�'/receipt of co nsation. Houser seconded ancY the motion carried. (CONSENT CALENDAR - ITEM 3U) Anders Street Vacation. ADOPTION of Resolution No. 28 setting a public hearing date for March 20, 990 on the Anderson request for vacation of a po tic of West Valley High ray. PRELIMINARY (CONSENT CALENDAR - ITE 3S) SUBDIVISION Eastbrook usiness Pa Preliminar Subdivision No. SU-89-5 . A HORIZA ON to set February 20 , 1990 for a public meets consider the Hearing Examiner' s recommendation o conditional approval of an application by PF Consulting Engineers for an 11 lot industri subdivi ' an . The property is 38 acres in si e and is loca east of 80th Ave. S . between S . 180th Street and S . 188th Street. (OTHER BUSINESS - ITEM 4B) Canterbury Place PreliminarV Subdivision No. SU-89- 4 . This public meeting will consider the Hearing Examiner ' s recommendation of conditional approval of an application by Baima and Holmberg, Inc. for a 15 lot single family residential subdivision . The property is located north of S .E. 248th Street between 98th Ave. S . and proposed 100th Ave. S . (extended) . JOHNSON MOVED to accept the Hearing Examiner ' s recommendation of conditional approval of Canterbury Place Preliminary Subdivision No. SU-89-4 . White seconded and the motion carried. 5 25 25 r J _ -.-_ 1001N AVE S.E. t1 00'324b' C- er 329,66' p o n n 93.213' m 133.15' - - -- --'-- - It CO'32'48' E o P OOt42'a d" E r tO �_-20' PRAIIIAGE EASEAIEIII 25' u 25' _ � ry n o, r N 00'S5'58" W _ II 011'S:�SP" v! � _ Z z v 10 m o 7 �+ m 00'S:i S 3� N 00'55'58" W N B 'N ._ 139.4!i N n ai i 11 6 W o N 005 W z N 00'55'50" W —" 13g.39.A5' ��14 139.93' n n ri 12 3 ss � •n N 00'55'58, VI rod o 14 00'55 58" W - 139.45' W ao 139.75' LO If') ~ .� tl� cc (i � 4 v T.A. � r Z r � UJ N NI tl 00'55'58' YI .., N N 00'S5'S0" W liJ _ 139.45' 139.68' NI n r b� � Ol .rf n 14 w L.(17 , cn II Ufi JJ'i 1' E o� N 00'55'S0 W ,o N 003d'd 1" F T' 75.03' I; LU 2 z rY o 00'55'58" VJ 15 25' I 2ti SB.PI' 10( 03' 115.15 r n ri N 0l'3C41" t _—i 9811i AVE S.E. -1 ti Kent City Council Meeting Date February 4 , 1992 Category Other Business 1. SUBJECT: TIB GRANT-272ND/277TH CORRIDOR 2. SUMMARY STATEMENT: The Transportation Improvement Board has authorized a grant of $225,000 for the pre-design phase of the 272nd/277th corridor and has submitted a project agreement for the City's signature. The Public Works Director recommends that the Mayor be authorized to sign the agreement and the budget be established for said funding. Because of the Board's time frame constraints per acceptance of the agreement, this item will also be discussed with the Public Works Committee at their February 4 meeting. Gill explained that this is not an endorsement of constructing the corridor , but will allow the Public Works Department to analyze the feasibility of the Project , look at TAtOt alternatives as part of the EIS Process , and come arm with more accurate cost estimates . 5. UNBUDGETED SCAL PERSONNEL IMPACT: NO YES FISCAL PERSO EL NOTE: Recommended, n N Not Recommended 6. EXPENDITURE RE IRED: $ �� SOURCE OF FUNDS: 7. CITY COUNCIL ACT Councilmembermoves, Councilmember 7l seconds the Mayor be authorized to sign the project agreement with the Transportation Improvement Board for grant funding in the amount of $225, 000 for the 272nd/277th corridor and that a budget be established for same. DISCUSSION: }�1' ACTION: Council Agenda Item No. 4B x MILLER,MAYENE / KENT70/FN - HPDesk print. ----------------------------------------- :)ject: TIB GRANT - FISCAL NOTE Creator: Mayene MILLER / KENT70/FN Dated: 01/31/92 at 0923 . THE PUBLIC WORKS DEPARTMENT IS REQUESTING APPROVAL OF THE ACCEPTANCE OF TWO TRANSPORTATION IMPROVEMENT BOARD (TIB) GRANTS. ONE GRANT IS FOR $225, 000, FOR THE PREDESIGN PROPOSAL OF THE 272/277 CORRIDOR. CITY MATCHING FUNDS ALREADY EXIST FOR THIS GRANT. THE OTHER GRANT OF $3 , 044, 950 IS FOR THE DESIGN PROPOSAL OF THE 192/196 CORRIDOR. MATCHING FUNDS FOR THIS GRANT ARE PARTIALLY TIED TO THE IMPLEMENTATION OF THE STREET UTILITY FUND WHICH IS PLANNED TO GENERATE APPROXIMATELY $1, 000, 000 PER YEAR. ACCEPTANCE OF THIS GRANT IS VERY IMPORTANT, AS IT IS TIED TO THE ENTIRE ROAD PROJECT GRANT OFFER OF $9, 373 , 025 WITH A POTENTIAL FOR ANOTHER $2 , 0001000. THE SIGNED AGREEMENT WAS TO BE RETURNED BY FEBRUARY 3RD, BUT THE TIB HAS AGREED TO A SHORT EXTENSION UNTIL AFTER THE COUNCIL MEETING. SINCE THE GRANTS PROVIDE CRITICAL FUNDING FOR THE CITY'S CORRIDOR PROJECTS, THE EXECUTIVE COMMITTEE RECOMMENDS APPROVAL OF THE ACCEPTANCE OF THE TWO TIB GRANTS OF $3 , 269, 950. LOSS OF THESE GRANTS COULD CAUSE LOSS OF THE ENTIRE APPROXIMATE $101000, 000 IN TIB GRANT FUNDS. THESE FUNDS ARE A CRITICAL PORTION OF ACHIEVING THE CITY 'S NUMBER ONE TARGET ISSUE OF AN IMROVED TRANSPORTATION SYSTEM. THE GRANT COULD BE TURNED BACK IF THE CITY DOES NOT APPROVE THE STREET UTILITY OR PROVIDE THE REQUIRED MATCHING FUNDS. DEPARTMENT OF PUBLIC WORKS January 28, 1992 TO: PUBLIC WORKS C MTTEE FROM: DON WICKSTROM RE: TIB GRANT FUNDS - 272ND/277TH CORRIDOR (AUBURN WAY NORTH TO SR 516) 192ND/196TH CORRIDOR (WVH TO EVH) We have just received notice from the Transportation Improvement Board that they have authorized $225, 000 for the predesign phase of the 272nd/277th Corridor project and $3 , 044 , 950 for the design and right of way acquisition phase of the 192nd/196th Corridor project. TIB has requested that the signed Project Agreements be returned to them by February 3 . In a conversation with TIB today in which we pointed out that our Council did not meet until the 4th of February, they have agreed to a short extension in order to obtain Council concurrence. We will present this to the Public Works Committee and City Council at their February 4th meetings. Matching funding for the 272nd/277th Corridor grant already exists. Matching funding for the 192nd/196th Corridor is partly predicated on the Street Utility being implemented. Acceptance of this grant would be no different than Council ' s earlier acceptance of a 196th/200th Corridor (Orillia Road to WVH) grant. It was also predicated on implementation of the Street Utility. Should the Street Utility not be approved, then the grants could be returned. Should we refuse this 192nd/196th Corridor grant offer, then we loose the entire road project (total grant offer $9 , 373 , 025 with potential for a $2 , 000, 000 increase) . Loss of this project would have a significant impact on the city' s future growth potential particularly in light of the Growth Management Act concurrency restrictions. We are recommending the grants be accepted and the budgets established for said funding. State of Washington ® Transportation Improvement Board Tianspodalion Building tiF-01 Olympia, Washington 93504 (2O6)753-7198 SLIP/234-719J January 23, 1992 Mr. Don Wickstrom, P.E. Public Works Director City of Kent 220 - 4th Avenue South Kent, WA 98032-5895 Transportation Improvement Project TIB No. 9P-106(003)-1 272nd/277th Streets Auburn Way North to Kent-Kangley Road City of Kent Dear Mr. Wickstrom: We are pleased to advise you that the Transportation Improvement Board (TIB) has authorized the above-referenced project for development with financial assistance from the Transportation Improvement Account (TIA). The total TIA fund amount authorized for the predesign proposal is $225,000. The Board approves the predesign phase of this project with the understanding that there is no commitment for any TIA funds in excess of the amount submitted in the application. The Board has adopted rules that may affect the development of this project. In particular, the Board has over-obligated funds to projects which may affect the timing for when sufficient funds will be available for construction phase approval. The TIB office will keep you aware of the status of funding for this project. The effective date of the authorization is January 17, 1992 and reimbursable work for the predesign phase may now begin. The work covered by this authorization and the project agreement is limited to a design study and environmental assessment. When the predesign phase is completed please submit the design prospectus to the Board for approval. The design prospectus must be received by the first clay of the month preceding the month in which the design phase authorization is proposed unless a later receipt date is specified and permitted, in writing, by the TIB Executive Director. Board approval of the construction phase must be obtained before the project may be advertised for construction. Mr. Don Wickstrom, P.E. January 23, 1992 Page 2 After signing the two enclosed project agreements, return to the TIB office by . One of the agreement forms will be returned to your office after execution by the Executive Director of the Transportation Improvement Board. Sincerely, Charles E. Gibson TIA Program Engineer CEG:Js Enclosures cc: Don Hoffman Kent City Council Meeting Date February 4 , 1992 Category Other Business 1. SUBJECT: TIB GRANT-192ND/196TH CORRIDOR (WVH TO EVH) 2 . SUMMARY STATEMENT: The Transportation Improvement Board has authorized a grant of $3,044,950 for the design and right-of- way acquisition phase of the 192nd/196th corridor (WVH to EVH) and has submitted a project agreement for the City's signature. The Public Works Director recommends that the Mayor be authorized to sign the agreement and budget be established for said funding. Because of the board's time frame constraints per acceptance of the agreement, this item will also be discussed with the Public Works Committee at their February 4 meeting. 3 . EXHIBITS: Memorandum from Public Works Director to Public Works Committee and TIB letter 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT• 0 YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: A Councilmember ", ". moves, Councilmember_ 11 seconds the Mayor be authorized to sign the project agreement with the Transportation Improvement Board for grant funding in the amount of $3, 044,950 for the 192nd/196th corridor (WVH to EVH) and that a budget be established for same. DISCUSSION: ACTION: Council Agenda Item No. 4C $ MILLER,MAYENE / KENT70/FN - HPDesk print. ----------------------------------------- bject: TIB GRANT - FISCAL NOTE creator: Mayene MILLER / KENT70/FN Dated: 01/31/92 at 0923 . THE PUBLIC WORKS DEPARTMENT IS REQUESTING APPROVAL OF THE ACCEPTANCE OF TWO TRANSPORTATION IMPROVEMENT BOARD (TIB) GRANTS. ONE GRANT IS FOR $225, 000, FOR THE PREDESIGN PROPOSAL OF THE 272/277 CORRIDOR. CITY MATCHING FUNDS ALREADY EXIST FOR THIS GRANT. THE OTHER GRANT OF $3, 044,950 IS FOR THE DESIGN PROPOSAL OF THE 192/196 CORRIDOR. MATCHING FUNDS FOR THIS GRANT ARE PARTIALLY TIED TO THE IMPLEMENTATION OF THE STREET UTILITY FUND WHICH IS PLANNED TO GENERATE APPROXIMATELY $1, 000, 000 PER YEAR. ACCEPTANCE OF THIS GRANT IS VERY IMPORTANT, AS IT IS TIED TO THE ENTIRE ROAD PROJECT GRANT OFFER OF $9, 373 , 025 WITH A POTENTIAL FOR ANOTHER $2, 000, 000. THE SIGNED AGREEMENT WAS TO BE RETURNED BY FEBRUARY 3RD, BUT THE TIB HAS AGREED TO A SHORT EXTENSION UNTIL AFTER THE COUNCIL MEETING. SINCE THE GRANTS PROVIDE CRITICAL FUNDING FOR THE CITY'S CORRIDOR PROJECTS, THE EXECUTIVE COMMITTEE RECOMMENDS APPROVAL OF THE ACCEPTANCE OF THE TWO TIB GRANTS OF $3, 269, 950. LOSS OF THESE GRANTS COULD CAUSE LOSS OF THE ENTIRE APPROXIMATE $10, 000, 000 IN TIB GRANT FUNDS. THESE FUNDS ARE A CRITICAL PORTION OF ACHIEVING THE CITY'S NUMBER ONE TARGET ISSUE OF AN IMROVED TRANSPORTATION SYSTEM. THE GRANT COULD BE TURNED BACK IF THE CITY DOES NOT APPROVE THE STREET UTILITY OR PROVIDE THE REQUIRED MATCHING FUNDS . DEPARTMENT OF PUBLIC WORKS January 28, 1992 TO: PUBLIC WORKS CO] TTEE FROM: DON WICKSTROM ��ll RE: TIB GRANT FUNDS - 272ND/277TH CORRIDOR (AUBURN WAY NORTH TO SR 516) 192ND/196TH CORRIDOR (WVH TO EVH) --` We have just received notice from the Transportation Improvement Board that they have authorized $225, 000 for the predesign phase of the 272nd/277th Corridor project and $3 , 044 , 950 for the design and right of way acquisition phase of the 192nd/196th Corridor project. TIB has requested that the signed Project Agreements be returned to them by February 3 . In a conversation with TIB today in which we pointed out that our Council did not meet until the 4th of February, they have agreed to a short extension in order to obtain Council concurrence. We will present this to the Public Works Committee and City Council at their February 4th meetings. Matching funding for the 272nd/277th Corridor grant already exists. Matching funding for the 192nd/196th Corridor is partly predicated on the Street Utility being implemented. Acceptance of this grant would be no different than Council ' s earlier acceptance of a 196th/200th Corridor (Orillia Road to WVH) grant. It was also predicated on implementation of the Street Utility. Should the Street Utility not be approved, then the grants could be returned. Should we refuse this 192nd/196th Corridor grant offer, then we loose the entire road project (total grant offer $9, 373, 025 with potential for a $2 , 000, 000 increase) . Loss of this project would have a significant impact on the City ' s future growth potential particularly in light of the Growth Management Act concurrency restrictions. We are recommending the grants be accepted and the budgets established for said funding. State of Washington Transportation Impro vemen t Board T18nsp0'1a1i011 B0ihliag KF-01 Cffy O KPff Olympia, Washington 98504 (206)753-7t98 SCAN234-7198 JAN 24 1992 E;' GINEERiNG DEPT. January 23, 1992 Mr. Don Wickstrom, P.E. Public Works Director City of Kent 220 - 4th Avenue South Kent, WA 98032-5895 Transportation Improvement Project TIB No. 9P-106(001)-1 192/196/200 Street Corridor W. Valley Hwy to E. Valley Hwy City of Kent Dear Mr. Wickstrom: We are pleased to advise you that the Transportation Improvement Board (TIB) has authorized the above referenced project for development with financial assistance from the Transportation Improvement Account (TIA). The total dollar amount authorized for the design proposal is $3,044,950. An increase of $2,078,225 in TIA funds above the amount listed in the Urban Program Application Form was approved by the Board providing a total of $9,373,025 in TIA funds. Any increase required for the construction phase will be reviewed at the construction phase approval. The Board has adopted rules that may affect the development of this project. In particular, the Board has over-obligated funds to projects which may affect the timing for when sufficient funds will be available for construction phase approval. Contact the TIB office for an update on the funding status before submitting your construction prospectus. The effective date of the authorization is January 17, 1992 and reimbursable work for the design phase may now begin. The work covered by this authorization and the project agreement is limited to design engineering, value engineering, right of way appraisals and acquisition, and environmental assessment. When the project design, final estimate, and right of way acquisition are completed submit the construction prospectus for approval. The Director has authority to authorize construction funding on projects that have no change in project scope and an increase in TIA funds, if required, is less than ten percent or $500,000. All other projects must have Board approval of the construction phase before the project may be advertised for construction and the prospectus must be received by the twentieth day of month preceding the month in which the construction phase approval is proposed. Mr. Don Wickstrom, P.E. January 23, 1992 Page 2 The Board directed that a Value Engineering study be performed on this project as soon as possible. TIB staff will be in contact with you to discuss the procedure for conducting a Value Engineering Study. After signing the two enclosed project agreements, return to the TIB office by February 3, 1992. One of the agreement forms will be returned to your office after execution by the Executive Director of the Transportation Improvement Board. Sincerely, CLL Charles E. Gibson, P.E. TIA Program Engineer CEG:Js Enclosures cc: Don Hoffman f Kent City Council Meeting � h Date February 4. 1992 Category Other Business Cr 1. SUBJECT: REALLOCATION OF 1991 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) FUNDS 2 . SUMMARY STATEMENT: The City Council Planning Committee has recommended approval of the reallocation of 1991 CDBG Funds. This would reallocate $421. 17 from the Housing Repair Services Program Project, No. C91526 to the Special Populations Resource Center Rehabilitation Project, No. C90123. 3 . EXHIBITS: Memo, City Council Planning Committee of January 21, 1992 4 . RECOMMENDED BY: Staff (Committee, Staff, Examiner„ Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNE IMPACT: NO X _ YES FISCAL/PERSONNEL NOTE: Re mmended Not Recommended 6. EXPENDITURE REQUIRED: $$/ SOURCE OF FUNDS: CDB 7. CITY COUNCIL ACTION: ; Councilmember moves, Councilmember A 1'� seconds -k approve the reallocation of $421. 17 from the Housing Repair Services Program Project, C91526 to the Special Populations Resource Center Rehabilitation Project, C90123 . DISCUSSION• `1 i ACTION• Council Age da Item No. 4D CITY Of �� CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 v7nvsk MEMORANDUM February 4 , 1992 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM:/ ALICE SHOBE, PLANNER SUBJECT: REALLOCATION OF 1991 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS The City of Kent received some "recaptured" funds from the 1990 Community Development Block Grant (CDBG) program year for the 1992 program year. A portion of these funds were inadvertently recaptured from the Special Populations Resource Center Rehabilitation Project, #C90123 , prior to final reimbursement for the retainer. Therefore, the City of Kent has never received final reimbursement for the $421. 17 retainer payment associated with the Special Population Resource Center project. In order to correct this error and receive reimbursement from King County, $421. 17 needs to be reallocated from the Kent Home Repair Services Program, #C91526 to the Special Population Resource Center Rehabilitation Project. This is not a hardship for the Home Repair Services Program because additional funding is being allocated to the program. The City Council Planning Committee reviewed and recommended approval of this proposal at their meeting on January 21, 1992 . Recommended Action 1. Reallocate $421. 17 from the Housing Repair Services Program Project, #C91526 to the Special Populations Resource Center Rehabilitation Project, #C90123 . AS/mp:als\cdbg\rea11oc.cc cc: James P. Harris, Planning Director CITY COUNCIL PLANNING COMMITTEE MINUTES JANUARY 211 1992 PAGE 4 HEARING EXAMINER ORDINANCE (C. PROUD) Since the Hearing Examiner ordinance is related to the business license ordinance, no discussion was held and it will return at a future date. REALLOCATION OF 1991 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS (A. SHOBE) Planner Alice Shobe explained that the $421. 17 retainer for the Special Populations Resource Center Rehabilitation Project was inadvertently recaptured and reallocated to the 1992 program. The City has never received final reimbursement of the $421. 17 . In order to correct this error and receive reimbursement from King County, $421. 17 needs to be reallocated from the Kent Housing Repair Services Program to the Special Population Resource Center Rehabilitation Project. Councilmember Orr MOVED and Council President Woods SECONDED a motion to recommend to the full City Council on February 4 , 1992 that $421. 17 be reallocated from the Housing Repair Services Program to the Special Population Resource Center Rehabilitation Project. Motion Carried. 3l ,��0 f bE i ii r ii gf ,pr b!I it i ii iii E1 E f �� i ER7 i , a pI r i E,1 I�i ��fa III i S �� A, i i it , ,i. , •ti t 8 �f �:.fi P 9 4 l 11 iE , s � �',i,it it ti „! I gag lit 1 oE'i V , b f11 i jii , i IIE 3��1 1 {i i,4 11 p y t, IE� „ AL hE h � (ifiei Eif�s.,!" �� Id it eEI,I4 it fG rE�lb � b,i' "�'I �1• ',4 if It, elf°�i e e is t YY d b `` lr ! g i� R Rl f,r; g tj Ik! li I, l I 1g'` h;�ll� e it! ° �fy"� �b,I �i z ifp i ,9d9; J"'E•= i r q it i''91 R E P O R T S /A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE V�F. PARKS COMMITTEE i ,/G. ADMINISTRATIVE REPORTS_ PUBLIC WORKS COMNM'ITEE JANUARY 7, 1992 PRESENT: JIM WHITE ROGER LUBOVICH LEONA ORR ED WHITE DON WICKSTROM TONY MCCARTHY TOM BRUBAKER MR. & MRS. RUST GARY GILL CONNIE EPPERLY CLOUDY STREET Wickstrom stated this item was referred to the Committee by Council at their last meeting. Jim White stated that this issue keeps coming up and perhaps it should be discussed for the record. He stated he has been assured by staff at different times that there are no plans to open Cloudy Street. He stated he didn't know what more could be done except to continue to say that. Ms. Epperly stated she would to get the residents together so they won't call anymore. Jim White added that it probably came up because of the new construction at the end of 3rd. That ' s where they are building homes so residents think they are obviously going to open the street. There was never any discussion of that. He stated that the easiest thing to say is that we are flat out not considering opening Cloudy Street. He suggested we do some type of mailer to the neighborhood to assure them of this fact. Ms. Epperly stated that Ms. Newcomer would be coming to the meeting tonight and perhaps it could be explained to her at that time. FINANCIAL PLAN AND REVENUE PROGRAM FOR STORM DRAINAGE UTILITY Don Wickstrom stated that when this was last discussed at the Committee meeting, you instructed us to look at the more immediate flooding areas. Doing that resulted in a revised capital improvement program which is up to $6. 5 million. Essentially we looked at what was left to be built 92 and what was left to be done in 91 and did some shifting along with looking at existing funded projects. We are not proposing any additional rate changes but proposing to fund from existing capital or unencumbered funds that we already had. We were proposing originally to use $1, 085, 000 in unencumbered sewer funds which we are now proposing to increase to 2 million and reallocate $700, 000 we had funded in the Upper Mill Public Works Committee January 7 , 1992 Page 2 Creek, Lower Garrison Creek and James Street storm projects into these project funds. Wickstrom reviewed the revised capital improvement program. on the valley detention project, originally 3 .4 million was budgeted in 91 which was moved to 92 and the balance was reshifted. On the Lower Mill Creek the 91-93 funds were essentially put into the 92 program and moved the rest forward so we could try to address the flooding sooner. Jim White asked how does that translated to what the public sees. Wickstrom responded for Mill Creek, it would mean we would be able to do hard improvements besides just figuring out what solutions are. Same thing with Garrison Creek. Originally we were looking at $586, 000. Now we are looking at $1. 6 million which is not quite enough to do what we really wanted to do but it's enough to resolve the flooding up in the East Hill Shopping Center area and the apartment complex area on 108th and, hopefully, also put in the upper detention basin. Jim White asked if there would be any actual construction this year. Wickstrom stated that possibly some trunk lines in the Upper Garrison Creek. Construction in Mill Creek would possibly be in 93 . Permits and right of way acquisitions will take that long to acquire. But the money will be there to do the project. Jim White stated he felt this program was better. Jim White asked why are we considering an East Hill maintenance shop. Wickstrom stated that we don't have room left at the existing shop facility. We well need additional room in the future and that is why it is out in 94 . White suggested that if the shops expanded at its present location using some of the park property perhaps the money budgeted to purchase land for shops on the east hill could be used for additional parks on the east hill or something. Wickstrom stated that we've looked at building a maintenance building on the adjacent park property, parks maintenance would move out of the east end of the building into the new one and we would take over that whole side. Wickstrom continued a review of the material concluding that while the total costs are higher the difference could be made up by existing funds and not require any additional rate increase. He clarified that this CIP is based upon implementing the purposed rate modifications. Wickstrom stated that the hearings on both the street utility and drainage rate modifications would be at one hearing. Jim White suggested that the issues be separated. He stated he had real concerns with the street utility charge, coupled with increase in Public Works Committee January 7, 1992 Page 3 drainage, plus impact fees. He stated that by the time we implement all these fees we will in effect shut down any development of any land. Wickstrom replied that impact fees could be a separate issue but the drainage needs are obvious. The Council has seen the flooding and have had the people talk to you about the drainage. The street needs are equally significant and that gets into the street utility. If we do not implement the utility, we can not build the corridors. our local funding for the corridors is coming from the street utility. There are also ramifications on meeting the concurrency which then shuts down development. Under the state law concurrency specifically addresses transportation systems. If you don't have that you can't issue the building permit. If you violate the state law they withhold your taxes. This is a significant issue which is why we tried to couple this with all the rate reductions that we could. The single family residence is not being affected too badly. If they are using 1600 cubic feet per month, meaning there is an irrigation system or at least the lawn is watered during the summer, there is a savings of up to 3 . 00 or as low as $1. 35 a month, depending on which basin, after we implement the drainage rates and the street utility. Wickstrom reviewed the proposed schedule for both which starts out with the next work shop reviewing the rate increase and formation of the street utility along with modification of the billing. Wickstrom stated that they plan to present at the work shop a draft letter which would be sent to all of the customers at the end of the month in their billing notifying them of a hearing in February on both of these actions. We are proposing to implement both of these to become effective the 1st of March. Responding to White' s question as to the timing, Wickstrom responded that the timing on the drainage utility is such that if we want to do improvements we need to get going, plus the fact that since we are talking about a rate reduction for a winter rate and a higher summer rate, the earlier we implemente that take advantage of the lesser water rate otherwise if you waited till summer there won't be any rate change until September and the customer will not see any benefit. As far as the street utility is concerned, on January 17th we will be at the Transportation Improvement Board hopefully getting a grant for the middle section of the 196th corridor which is ultimately an $11 million grant. We already got the west leg of that corridor plus preliminary cost evaluations of about $400 thousand which means about a quarter million dollars worth of grants on the 277th. If the City doesn't provide the match, which is the street utility, to finance these projects then Public Works Committee January 7, 1992 Page 4 we won't be able to do the projects and will have to drop the grants. The street utility is $1.90 for single family residential unit or employee and will generate about $1, 273 , 000 per year. A full time equivalent employee is defined as 1920 hours which is the same as Renton and Bellevue use for their B&O Tax. White inquired about staff monitoring the quarterly reports of all the businesses. Wickstrom stated that we are proposing to send out a letter to all the businesses in the business license system stating that their business license indicates they have "x" number of employees and that is what we are proposing to use as a basis for the street utility charge. If there is a discrepancy, they can provide us with documentation otherwise. Jim White stated that even though he has supported the concept of the street utility from the time he was a legislative committee member of the Association of Washington Cities, he has had to completely rethink the situation from a business owner's stand point. Businesses have paperwork coming out of their ears right now. Every agency wants this, every agency wants that - the bottom line is the profit margins get slimmer and slimmer and slimmer. Now we have one more government agency that wants us to prove something to them and he stated he just can't buy off of that. Wickstrom responded that we will be using the numbers that they have already supplied on their business license and asking them if that is correct or not . If it isn't correct then they have the opportunity to correct it. McCarthy explained a program in information services to recap data from the business license system to utility billing so that we would not need anything directly from the property. The City has the authority to audit if necessary. McCarthy continued that we will just look at the information and if the number appears reasonable that' s what we will be billing them. So there shouldn't be any extra paperwork. White commented that while we may be requiring anything now, what about the next finance director and the next council and on down the line. Businesses are so over regulated now; as business people, we report to everybody and he commented he felt it was just one more piece of overkill. Lubovich commented that the current proposal of business license ordinance takes away the reporting function of reporting hours. Wickstrom explained that we are taking the number of employees of the business license system. If the business license system has a Public Works Committee January 7 , 1992 Page 5 larger number of employees than what they actually have, they can provide proof to that fact. If there is an understatement of employees and it is brought to our attention, then we can investigate. Wickstrom continued that we are proposing to exempt public properties, non-profit, sectarian, and low-income senior or disabled housing units from the street utility charges. Tom Brubaker added that the State law only allows two kinds of charges, one for residential and one for commercial or business. The only way it allows business charges is to charge per employee so the City's hands are tied if a street utility is implemented. Jim White asked about the 272nd/277th corridor. Wickstrom stated that the draft EIS has been published. The comment period extends to February 15 . After that, we will review and address the comments received and publish the final EIS, hopefully, by the end of March. There is a 15 day period for appeals which will go to the Hearing Examiner. Any appeals of the Hearing Examiner ' s decision would go to the Council and any appeals to the Council ' s decisions would be to the Superior Court. Jim White asked how long it would take to get to the Superior Court from the Council decision. Brubaker commented it would depend upon the Court' s calendar. Jim White asked what happens to the street utility if the 272nd/277th corridor is delayed for years. Wickstrom responded the street utility funds would be used to finance the 192nd/196th Corridor. PUBLIC WORKS COMMITTEE JANUARY 21, 1992 PRESENT: JIM WHITE CAROL MORRIS LEONA ORR MR. & MRS. RUST GARY GILL Emkav Development - Release of Easements Gary Gill reviewed that the City had approved a street vacation in 1966 and had reserved rights for utility easements. The owner is now asking that the City release the easement conditions. They have agreed to pay the City half the appraised value of . the property. Jim White asked if this complies with State law. Carol Morris indicated that the City's ordinance on street vacations does not comply with State law. She is currently amending that. State law says that if we pay full value for a piece of property when vacated we have to receive full value. This situation is to release a reservation for easements. We are not releasing easements. Jim White stated he wondered if 50% of fair market value was enough. Morris responded that State law does not set a value. State law does set the price you ask for vacation of property but not for reservations. The vacation statute states we can vacate on whatever terms we want including reimbursement of the fair market value and we have the option to reserve easements for any future utilities. Carol Morris continued that in 1989 we had agreed to half the appraised value as recommended by the Property Manager in this instance. That is apparently consistent with past practices. Morris stated she had indicated to the attorney for the current owners that we would use a current appraisal to determine fair market value. Jim White asked who the principals of Emkay are. He felt it was important to know to avoid any possible conflict of interest for the Council members. That information was not available but will be provided. The Committee unanimously recommended approval of the release of the reservations.