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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 02/16/1993 Aa City of Kent �� City Council Meeting gas Agenda CITY OF em Mayor Dan Kelleher Council Members Judy Woods, President Jim BennettPaul Mann Christi Houser Leona Orr Jon Johnson Jim White February 16, 1993 ce Office of the city Clerk CITY OF SUMMARY AGENDA KENT CITY COUNCIL MEETING February 16 , 1993 r�acq� Council Chambers 7 : 00 p.m. MAYOR: Dan Kelleher COUNCILMEMBERS: Judy Woods, President Jim Bennett Christi Houser Jon Johnson Paul Mann Leona Orr Jim White CALL TO ORDER ROLL CALL 1. ✓PUBLIC COMMUNICATIONS �(A. Mayor' s State of the City Address 2 . PUBLIC HEARINGS None 3 . )(CONSENT CALENDAR ,XA. Minutes ,/B. Bills ,/C. City Art Program Policy Amendment ✓D. Puget Sound Regional Council Interlocal Agreement /E. Utility Tax - Definitions - Ordinance Y ! ✓F. Working Together Grant - Valli Kee /G. WCIA Memorandum of Understanding "4H. Overlook Apartments - Bill of Sale /I . Zoning Code Amendment - Multifamily Residential as Conditional Use in Non-Residential Zones (ZCA-92-1) - Ordinance ✓J. Zoning Code Amendment-Sandwich Board Signs (ZCA-92-2) - Ordinance ✓K. Zoning Code Amendment - Recreational Vehicle Park & Zoning Code Amendment (ZCA-92-3) - Ordinance y o� L. Kent Springs Transmission Main Charge in Lieu of 4 . f��rr��LLnnLL-� A(s�se�s_tsmment v /� v'1'nER S ZNE CS- _p l_)-t�Q_ ,/A. Single Family Residences in CM Zones ✓B. Catholic Community Services 1993 Funding ,/ /C. Proposed LID - Smith Street Sidewalks �D. 272/277 Corridor Findings and Ratification - Resolution ,! ' -j, 5 . ✓BIDS ✓A. Traffic Signal, Central & S. 259thlr ✓B. Channel Repair, 64th Ave. So. between S. 236 and Landing Way 6 . CONTINUED COMMUNICATIONS c 11ff , 7 . ✓REPORTS- L) N 8. ✓ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk' s Office and the Kent Library. An explanation of the agenda format is given on the back of this page. 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) Mayor' s State of the City Address k V. CONSENT CALENDAR �) �C�' 3 . city council Action: �/� 0 jt4u& Councilmember 922 moves, Councilmember seconds that Consen Calendar Items A through be approved. Discussion Action / V'�C �Lv, ('UCl �✓v�U� 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of vry�y February 2, 1993 . �B. Approval of Bills. _ Approval of payment of the bills received through February 41 � 1993 , after auditing by the operations Committee at its meeting titir on February 16, 1993 . Approval of checks issued for vouchers: Date Check Numbers Amount Approval of checks issued for payroll: Date Check Numbers Amount Council Agent ,` Item No. 3 A B Kent, Washington February 2 , 1993 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 and White, Chief Administrative Officer McCarthy, City Attorney Lubovich, Planning Director Harris, Public Works Operations Manager Heydon, Fire Chief Angelo, Police Captain Miller, Acting Finance Director Miller, Information Ser- vices Director Spang, and Human Resources Director Olson. Councilmembers Mann and Woods were excused from the meeting. Approximately 40 people were in attendance. PUBLIC Employee of the Month. Mayor Kelleher announced COMMUNICATIONS that Corrections Officer Harold Burrell has been selected as Employee of the Month for February. He noted that Officer Burrell ' s creativity and dedication make him exceptional . Lt. George Burke explained that Burrell established a vegetable garden on city-owned property next to the Correc- tions Facility which gives the inmates a project to enhance their self-esteem, as well as provides food for the Corrections Facility and the Food Bank. He stated that Burrell truly deserves this honor. The Mayor then presented Burrell with the Employee of the Month plaque. State of Emergency Report. Fire Chief Angelo reported that during the recent Inauguration Day Wind Storm, the Police, Fire and Parks Departments each responded to over 200 calls in a 24-hour period, and Valley Com dispatched over 1400 calls for emergency services. He noted that Puget Power had over 500, 000 customers without service, and that trees were down, fire stations were damaged, and a water main was pulled up by the roots of trees. Angelo noted that there were approximately 245 buildings, residences or apartments that were impacted by the wind storm, as well as significant damage to landscaping, cars, and power poles. He showed slides of some of the damage, and said that there was unbelievable cooperation from not only emergency personnel, but citizens and businesses as well. He commended Lt. Burke from the Corrections Facility for providing food, since stores and restaurants had no power and there was no time to cook. 1 February 2 , 1993 PUBLIC Angelo noted that the total cost so far is $51, 873 COMMUNICATIONS in overtime, $3700 in damaged material and supplies, and $16, 000 in equipment, and that the community may be eligible for disaster damage assistance. He noted that there were fires, injuries and a fatality all at the same time, and emphasized that the public must be able to survive at least 72 hours on their own. He noted that over 25 people were overcome by carbon monoxide poisoning when trying to keep warm, and noted that when using kerosene heaters or Coleman stoves, the area must be ventilated. Angelo commended Don McDaniel of Puget Power and his employees, as well as out-of-state crews, for their help, noting that McDaniel provided regular updates and prioritization. He said that their commitment to serve the public and desire to coop- erate with emergency service personnel went above and beyond the call of duty, and added that they were caring and cooperative, and without them, the number of emergencies would have been even higher. Angelo added that all agencies and departments worked well together, and he is proud to be a part of this community. Mayor Kelleher expressed appreciation for the work Angelo, his department, City staff and citizens provided in this disaster. Don McDaniel of Puget Power explained that the power company was also out of power, because almost all of the major substations were down, and before they could get to the community the whole backbone of their system had to be redeveloped and put back in power. He said that he was impressed with the spirit of the community and that the cooperation was overwhelming. He noted that they received a great deal of help from Chief Angelo and his staff, as well as from Public Works, in very dangerous circumstances. He added that there were 300 power crews working in the area, and that they worked 18-24 hours at a time and took only 3 or 4 hour breaks. Mayor Kelleher noted that in addition to his assistance during the storm, McDaniel has devoted many hours to the City through his work on various committees, and has provided early payment of 2 February 2 , 1993 PUBLIC utility tax to assist with City cash flow, and COMMUNICATIONS surprised him with a proclamation declaring February 31 1993 , as Don McDaniel Day in the City of Kent. The Mayor asked all citizens of Kent to join him in thanking Mr. McDaniel and Puget Power for their dedication to the citizens of Kent and to recognize and appreciate their immediate and comprehensive response to a devastating and over- whelming emergency situation. Kent Arts Commission Regrant Awards. The Mayor noted that each year the City and the Arts Com- mission award funding to local arts organizations for the purpose of providing cultural opportuni- ties in the form of programs and performances. He honored the following groups who have been awarded project funding: Rainier Symphony, Kent Saturday Market, Washington State Music Teachers Associa- tion, Rainier Chorale, Kent Senior Activity Center, Imperial Music and Youth Organization, Kent Youth at Risk Program, Kent Reading Council , and Kent Special Populations Program. The Mayor thanked these groups for providing programs that will enhance and enrich Kent. Engineers Week. Mayor Kelleher read a proclama- tion noting that the ingenuity, knowledge and creative skills of engineers have benefitted. every aspect of the State, and that engineers turn ideas into reality, and proclaimed the week of February 14-20, 1993 as Engineers Week in the City of Kent. The proclamation was presented to Public Works Operations Manager Heydon. Daughters of the American Revolution - American History Month. The Mayor read a proclamation declaring the month of February, 1993 as Daughters of the American Revolution - American History Month in the City of Kent. He noted that the Lakota Chapter has long recognized the need for all of us to reflect and learn from our past experiences in order for our nation to continue to thrive. The proclamation was presented to Lola Kimmel . CONSENT BENNETT MOVED that Consent Calendar Items A CALENDAR through M be approved. White seconded and the motion carried. 3 February 2 , 1993 MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of January 19 , 1993 . SEWERS (CONSENT CALENDAR - ITEM 3L) LID 338 - Westview Terrace/McCann's Westview Sani- tary Sewer. ADOPTION of Ordinance No. 3089 con- firming the Final Assessment Roll for LID 338 . STREET (CONSENT CALENDAR - ITEM 3G) VACATION Pioneer Street Vacation No. STV-92-3 . ADOPTION of Ordinance No. 3088 vacating a portion of Pioneer Street as requested by the Kent School District and approved by Council subject to certain condi- tions which have now been fulfilled. TRAFFIC (PUBLIC HEARINGS - ITEM 2A) CONTROL Commute Trip Reduction Program. This date has been set for the public hearing on the Commute Trip Reduction ordinance. City Attorney Lubovich clarified that the ordinance in the agenda packet contains an error in Section 6 . 12 . 120, B. 1, which should say Section 6 . 12 . 090 rather than Section 9 and noted that a corrected copy has been distri- buted. Dick Gillisse explained that the State Legisla- ture has adopted the Commute Trip Reduction Law which directs local jurisdictions to adopt an ordinance which will require major employers to design and implement a program to encourage em- ployees to find alternatives to driving alone to work. He noted that the ordinance will apply to employers who have 100 or more full-time employees who report to work between 6 a.m. and 9 a.m. , and that they will be required to appoint an employee transportation coordinator to submit information and reports annually to the City. He noted that the State has established reduction in the number of drive alone commuter goals of 15% by 1995, 25% by 1997 and 35% by 1999 . He added that employers face a fine if they do not participate, and that they have six months to develop a program and sub- mit it to the City for approval, and another six months to implement it. He said that the ordi- nance will affect 30-40 employers within the City, and that there has been participation by the business community in drafting the ordinance. 4 February 2 , 1993 TRAFFIC Gillisse pointed out that the City will conduct CONTROL workshops and seminars to assist employers in putting together their programs and will provide the training and materials necessary to conduct the surveys required. The Mayor opened the public hearing. There were no comments from the audience and WHITE MOVED to close the public hearing. Orr seconded and the motion carried. WHITE THEN MOVED to adopt Ordinance No. 3086 relating to the Commute Trip Reduction measures required by RCW 70 . 94 . 527 . Houser seconded and the motion carried. (OTHER BUSINESS - ITEM 4B) LID 333 - Traffic Signal at 72nd Ave S. & S 180th. Ordinance No. 3082 confirming the final assessment roll for LID 333 was adopted at the last Council meeting. The proposed ordinance would repeal that ordinance and change the payment period from 15 years to 10 years. There will be no fiscal impact. WHITE MOVED to adopt Ordinance No. 3090 confirming the final assessment roll for LID 333 and repealing Ordinance No. 3082 . Houser seconded and the motion carried. FRANCHISE (OTHER BUSINESS - ITEM 4C) (REMOVED FROM AGENDA BY CITY ATTORNEY) Heath Techna Franchise City Attorney Lubovich explained that the legal description for the Heath Techna Franchise Agreement relating to the use of communication line duct bank facilities under and across S . 200th St. has not yet been received, and that this item should be removed from tonight 's agenda and scheduled for the next Council meeting. There was no objection and it was so ordered. COUNCIL (CONSENT CALENDAR - ITEM 3M) (ADDED ITEM) Council Absences. APPROVAL of requests from Council President Woods and Councilmember Mann to be excused from tonight 's Council meeting. 5 February 2 , 1993 LIBRARY (CONSENT CALENDAR - ITEM 3F) Kent Library Project. FINAL ACCEPTANCE of the Kent Library Project allowing for final payment on the contract with Eberharter & Gaunt, Inc. Upon acceptance by the Kent City Council and the King County Library System Board, the statutory waiting period for the contract retainage will commence. Subtracted from the final payment is an amount for liquidated damages for delays by the contractor as provided for in the contract. Final acceptance herein is subject to the claims pending in the current litigation, King County Superior Court Cause No. 92-2-27774-3 . MUNICIPAL (OTHER BUSINESS - ITEM 4D) COURT ADDED BY COUNCILMEMBER WHITE Municipal Courts. White distributed copies of a resolution opposing Senate Bill 5117 which would in effect prohibit cities from establishing new municipal courts. He noted that the Association of Washington Cities has asked for support from cities, and that this was discussed by the Opera- tions Committee today. He added that the resolu- tion will be forwarded to various elected repre- sentatives in Olympia. HE THEN MOVED for approval of Resolution No. 1343 . Houser seconded and the motion carried. APPOINTMENTS (CONSENT CALENDAR - ITEM 3H) Human Services Commission Appointments. CONFIRMA- TION of the Mayor' s appointments of Tim Clark, Rosemarie Clemente and Peg Mazen as members of the Kent Human Services Commission. Tim Clark has been appointed to represent the Regional Agency category. Mr. Clark is a Social Studies teacher at Kentridge High School and is a member of the Board of Directors of Children ' s Alliance. He will replace Peg Mazen whose term expired and his appointment will continue to l/l/96. Rosemarie Clemente has been appointed to represent the Service Clubs category. Ms. Clemente is a member of Kiwanis Club and will replace Dee Moschel whose term expired and her appointment will continue to 1/l/96 . 6 February 2 , 1993 APPOINTMENTS Peg Mazen has been appointed to serve as a non- voting Agency Representative. Ms. Mazen works with the Children' s Home Society. Her appoint- ment will continue to l/l/94 . (CONSENT CALENDAR - ITEM 3I) Bicycle Safety Advisory Committee Appointments. CONFIRMATION of the Mayor' s appointments of Mark Davis, David Hoffman and Steve Knight as members of the Kent Bicycle Advisory Board. They will replace Neil McQuage, Larry Stougard and Laurie Sundstedt whose terms expired. Their appointments will continue to 12/31/94 . CONFIRMATION of the Mayor' s reappointment of Steve Babbitt as a member of the Kent Bicycle Advisory Board. Mr. Babbitt' s reappointment will continue to 12/31/94 . CONFIRMATION of the Mayor ' s appointment of Gary Westerland as a member of the Kent Bicycle Advisory Board to replace Eric Leiper who resigned. Mr. Westerland' s appointment will con- tinue to 12/31/93 . HUMAN (CONSENT CALENDAR - ITEM 3K) RESOURCES Environmental Fund Position Clarification. AUTHORIZATION to delete a recently vacated Public Works General Fund position in lieu of the Golf Manager' s position vacated by the in-house recruitment for the Environmental Fund position, as recommended by the Budget Committee on January 25, 1993 . At its July 21, 1992 regular meeting, the Council moved to eliminate the position vacated during an in-house recruitment for the Environmental Fund position. Its intent was to eliminate a general fund position from the budget. The 1993 Budget as passed assumed a general fund position would be deleted. The Environmental Fund position was filled by the person in the Golf Manager's posi- tion which is not a general fund position. This action will clear up this contradiction and comply with Council ' s intent. 7 February 2 , 1993 PARKS & (CONSENT CALENDAR - ITEM 3J) RECREATION Interurban Trail. ACCEPTANCE of Tucci & Sons, Inc. contract for the Interurban Trail project as complete, and release of retainage upon receipt of State releases. BUDGET (CONSENT CALENDAR - ITEM 3C) 1992 Budget Adjustment Ordinance. ADOPTION of Ordinance No. 3087 adjusting the 1992 Budget. The budget adjustment ordinance totals $14 , 805, 897 . This budget adjustment is primarily a housekeeping adjustment consolidating individual budget items into one ordinance. $14 , 063 , 768 of this amount has been previously approved by Council. The additional amount of $742 , 129 has not been officially approved by the Council but is needed to be in compliance with the State Auditor' s requirements. Revenues, grants, charges to City departments or fund balance provide sources of funding for the budget adjustments. In addition to the budget adjustments two lines of credit are necessary to cover funds that are required to be spent before they are reimbursed. $200, 000 is needed from the Capital Improvement Fund to cover a late December Lake Fenwick land purchase, until the funds are received from King County Open Space Bonds in January, 1993 . A line of credit of $75, 000 from the General Fund is needed to cover the Housing and Community Develop- ment Fund expenditures until the funds are reim- bursed by King County. (OTHER BUSINESS - ITEM 4A) "Inaucuration Day" Storm Clean-Up Fundincf. The Budget Committee has recommended that approxi- mately $12 , 000 from the Environmental Fund be used for clean-up activities for the residents of the City of Kent, due to the recent wind storms. Tim Heydon of the Public Works Department explained that pick-up will be scheduled between February 8 and 19 . JOHNSON MOVED to authorize the use of approxi- mately $12 , 000 from the Environmental Fund for clean-up activities due to the "Inauguration Day" storm. White seconded and the motion carried. 8 February 2, 1993 BUDGET Gary Ewing of Kent Disposal noted that the material will be composted, not land-filled. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through January 29 , 1993 after auditing by the Operations Committee at its meeting at 2 : 30 p.m. on February 2 , 1993 . Approval of checks issued for vouchers: Date Check Numbers Amount 1/16-1/31/93 126748-127299 $1, 762 , 194 . 85 Approval of checks issued for payroll : Date Check Numbers Amount 2/5/93 180658-181090 $ 340, 959 . 65 2/5/93 Advices 4612-4889 307 , 915. 67 $ 648, 875. 32 (CONSENT CALENDAR - ITEM 3D) Accounts Receivable Writeoff. AUTHORIZATION to writeoff $64, 777. 35 in accounts receivable, as discussed with the Operations Committee on January 26, 1993 . The amount represents approximately . 5 percent of the monthly receivable balance of approximately 13 . 7 million. The amount to be written off has been through the City's collection process. The majority of the $52 , 391 to be written off is accounts that are in bankruptcy. The balance of the write offs include $2 , 908 in employee medical that the collection agency has deemed uncollectible, $4,840 in parking citations from 1980, and $4 , 337 in miscellaneous accounts. The miscellaneous accounts receivables have been through our collection process with a collection agency, and represent the portion that the agency keeps for their fees. A Listing of Accounts and the Accounts Receivable policy specifies the pro- cedure used in collection of accounts receivable through the collection agency. 9 February 2 , 1993 FINANCE (CONSENT CALENDAR - ITEM 3E) Award of Office Supply Contract. AUTHORIZATION for the Mayor to sign a 36-month contract with Boise Cascade to provide the City of Kent' s office supplies, as recommended by the Operations Commit- tee. This recommendation is being made after evaluation of several companies and as a recommen- dation of the Purchasing Committee. Projected funds are already included in the budget to cover the office supplies for each department. REPORTS Public Works Committee. White stated that he has been asked by citizens to form a committee to look at bus transportation in the City, and that he has asked Bob Weyland to co-chair the committee with him. He noted that they will meet at 7 : 00 p.m. on February 11 in the Council Chambers East, and that interested Councilmembers are invited to attend. Planning Committee. Orr announced that the Plan- ning Committee meeting scheduled for this date was cancelled due to lack of a quorum; therefore there may be one or two items brought directly to Coun- cil on February 16. She added that information will be in the packet. Mayor Kelleher asked Orr to contact Council President Woods and have her verbally request that those items be placed on the agenda. Public Safety Committee. Orr noted that the Fire Chief had informed the Public Safety Committee that the Call for Bids on the surplused apparatus resulted in the receipt of no bids, and that some people had expressed interest in the apparatus but not at the minimum bid of $25, 000. Orr said the Committee recommends that the Chief be authorized to call for bids with discretion as to the bid limit that might be set on the apparatus. There was no objection from the Council and it was so ordered. 10 February 2 , 1993 REPORTS Administrative Reports. McCarthy noted that his report is contained in the agenda packet, and added that Acting Finance Director Miller had reported to the Budget Committee that the City ended the year $400, 000 over what was planned for in the budget. He explained that the improvement was due to the sales tax increases of October and November, utility tax improvements, and depart- ments underspending their budgets. He added that the hiring freeze will continue, since labor agreements are not settled and the impact of the Boeing production slowdown is unknown. McCarthy noted that Suburban Cities will meet in Redmond this month and interested Councilmembers should contact Jan Banister. He noted that on February 16, prior to the Council meeting, there will be a workshop on the Regional Transportation Plan from 6 : 00-7 : 00. He also noted that the City' s Legislative Action Committee will meet with legislators on February 24 and 25 at the Tyee in Tumwater, and interested Councilmembers should schedule through Jan Banister. He also reminded Councilmembers of the Council retreat on February 26 and 27 at the West Hill Fire Station. ADJOURNMENT The meeting adjourned at 7 : 45 p.m. Zc'iLt G�cJ j Cz°-��n ft/ Brenda Jacober, CMC City Clerk 11 A/1 � Kent City Council Meeting Date February 16 1993 Category Consent Calendar 1. SUBJECT: CITY ART PROGRAM POLICY AMENDMENT 2 . SUMMARY STATEMENT: Approval of amendments to the City Art Plan Policy, as recommended by the Parks Committee. Amendments include: adding language which states that professional references regarding past public art projects will be added to the criteria for selection of artists (pg. 3) ; and the payment schedule for artists will be changed from a 3 payment schedule to a 5 payment schedule (pg. 7) - 3 . EXHIBITS: City Art Plan Policy 4 . RECOMMENDED BY: Parks Committee 2/2/93 (3-0) Kent Arts Commission Kent Parks and Recreation Dept. 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: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3CJ( CITY ART PLAN POLICY Guidelines for development and implementation of City Art Plan. PURPOSE: To establish the procedure for allocation, project and artwork selection, and expenditure of funds from the City Art Fund. These guidelines were approved by the City of Kent Arts Commission on April 25, 1989 and adopted by the Kent City Council on June 6, 1989 for implementation of Ordinance 2552, passed by the City on April 15, 1985. INTENT: The stated intent of the Ordinance is "to expand the opportunity for Kent residents to experience art in public places and create a more visually pleasing and humane environment." DEFINITIONS: "Public Art". All forms of original creations of visual art, including, but not limited to: 1. Calligraphy and signage. 2. Crafts - in clay, glass, paper, fiber and textiles, wood, metal, plastics and other materials. 3. Earthworks and landscape. 4. Graphic arts - printmaking and drawing. 5. Mixed media - any combination of forms or media, including collage and assemblages. 6. Mosaics - the and brickwork. 7. Painting - all media, including portable and permanently affixed works, such as murals. 8. Photography. 9. Sculpture - in the round, bas relief, high relief, mobile, fountain, kinetic, electronic, play equipment, etc., in any material or combination of materials. "Artist". A practitioner in the visual arts generally recognized by critics and his or her peers as professional, who produces artwork as described above and exhibits in public forums such as art galleries, museums etc "Expended". The payment of municipal funds from whatever source for a capital project. "Architect". The person or firm (architect, landscape architect, interior designer, or other design professional) designing the project involving a City Art Project site. "Arts Commission". City of Kent Arts Commission. "City". City of Kent. "Staff". Department of Parks and Recreation Staff. "Contracting Agency". City of Kent. "Jurisdiction". Within the corporate limits. "City Art Plan". Annual plan prepared by Staff, reviewed and approved by Commission, and approved by the Council for the expenditures of the City Art Fund. FUND INCLUSIONS: The portion of the City Art Fund appropriation reserved for works of art may be expended for the following: The cost of the work of art and its site preparation and installation. Identification plaques and labels. Waterworks, electrical (including lighting) and mechanical devices and equipment which are an integral part of the work of art or would otherwise aesthetically enhance the project site. Frames, mat and simple pedestals necessary for the proper presentation and/or protection of the works of art. Related administrative expenses incurred by the architect, consultant, City staff, and Kent Arts Commission, including, but not limited to, staff time, printing and distribution costs. Honoraria and fees paid to professional jurors asked to participate in the selection process and to artists invited to submit final design proposals and models for selection consideration. These fees may apply to some but not all projects included in the City Art Program. Repair and/or special maintenance of works of art. FUND EXCLUSIONS: The portion of the City Art Fund reserved for works of art may not be expended for the following: Reproductions by mechanical or other means of original works of art; provided, however, limited editions controlled by the artist, such as original prints, cast sculpture, and photographs, may be included. Decorative, ornamental or functional elements which are designed by the architect or consultants engaged by the architect. Architectural rehabilitation or historical preservation, although works may be acquired in connection with such projects. Those items which are required to fulfill the basic purpose of a project, such as works of art for the collection of a City Museum. Art objects which are commercially or mass produced or of standard design, such as commercial playground equipment or fountains; provided, however, artists responding to a request for proposals with submittals including the above may be considered. Standard directional or other functional elements, such as signing, color coding, and maps; provided, however, artists responding to a request for proposals with submittals including signage or graphics, will be considered. Exhibitions and educational programs. Expenses related to the acquisition of the work of art (before or after installation); such as dedication, unveiling, insurance, security and publicity or publication costs. These operational expenses shall be the responsibility of the Arts Commission, and shall be funded by the Arts Commission's annual budget. 2 CRITERIA FOR SELECTION OF ARTS PROFESSIONALS TO SERVE ON JURY: Artist jury members shall be visual artist professionals in fields appropriate to the project including artists, curators, critics, fine art collectors, architects and other design professionals with a relevant arts background who are: Respected in their fields Knowledgeable about contemporary visual art particularly in a public outdoor context Capable of engaging effectively in a jury process Willing to carry out Kent City Art Program art selection criteria and public art policy and Kent Arts Commission objectives Staff will periodically issue a request for qualifications and will maintain a file of potential jurors and their qualifications which will be available to the Kent Arts Commission. SELECTION OF ARTISTS: Eligibility requirements shall be recommended for each project by the Arts Commission. Professional eligibility. Artists will be selected on the basis of their qualifications, as demonstrated by Past work of art andand p_rofessional references regarding oast public art protects appropriateness of the proposal to the particular project, and its probability of successful completion, as determined by the art selection jury. Specifically excluded are student works of art done under the supervision of art teachers or done to satisfy course requirements, artists who are the project architect/landscape architect/engineer or members of the project, their firm, and artists who are members of the Kent Arts Commission. SPECIFIC RESPONSIBILITIES - ADVISORY PANEL: An Advisory Panel shall be appointed for each City Art Project with a budget of over $5,000. The Advisory Review Panel shall include: A City Council member appointed by the Council President; A community representative appointed by the Commission; The architect assigned to the given project (only if applicable); The department head of the department directly concerned with the project, or designee; One member of the Commission appointed by the Commission. The Advisory Panel shall: Review applicable City Arts Program projects and recommend to the Commission the type of art, which, in the Panel's opinion, best suits a given project site; and Determine a method of selection (direct selection, open competition or limited competition) for each project; 3 The Arts Commission and Staff shall: Recommend to the City Council the general policies, procedures, and Procedural Guidelines for the City Art Program; Determine and recommend to the Council the applicability of public art to each City capital project and the amount of City Art Fund monies to be expended; - Review and annually recommend to the City Council a "City Art Plan" and specific projects. Projects with a budget of less than $5,000 shall be administered at the discretion of the Arts Commission and Staff. Assure, in the overall City Art Program, that reasonable diversity is attained in style, scale, media and materials represented; Appoint each advisory panel and art selection jury in accord with these Procedural Guidelines for each City Art Program Project with a budget over $5,000; Annually, make a public report on the projects of the previous year and shall conduct periodic evaluations of the City Arts Program; Maintain a record of all works of art acquired under this ordinance; Publish informative folders and booklets on these art works; Make all arrangements for a dedication or unveiling of the work of art in coordination with City Department(s) involved. The Arts Commission is responsible to endorse the recommendations of the Jury. Upon recommendation by the Arts Commission and approval by the City Council, the decisions of the Jury will be final, except in cases of proven technical infeasibility. The Art Selection Jury: Shall be appointed for each City Art Project with a budget of over $5,000; Shall have a flexible organization and membership, at the recommendation of the Arts Commission. Taking into account the scope and nature of the City Art Project, the jury shall normally consist of the following: One City Council member, as appointed by the Council President. Two art professionals. One departmental representative. One community member. One Arts Commission member. Examine proposals and submissions submitted by artists and recommend a selection (within the intent and scope of the Procedural Guidelines of this Chapter) of an artist's design for the specific art work to be commissioned, or select an artist whose existing work is to be purchased for the project. Jury selection recommendation will be reviewed by the Commission and Staff, prior to recommendation to Council for approval. The Art Jury has the right to make no selection if, in its opinion, there is insufficient merit in the submission. 4 The Jury shall provide written minutes of the selection process to the Arts Commission. The Artist shall: Submit proposals to the Staff; If selected, be commissioned to execute and complete the work in a timely and professional manner. Transfer title of an existing work of art to the City of Kent. Maintain a close working relationship with the Staff and the architect or landscape architect or the engineer on commissioned work; Be responsible for assuring that artwork is properly identified; plaques or labels identifying the work shall be permanent, unobtrusive and well designed. Identification shall include the name of the artist, title of the work, if any, medium, year completed and funding sources. Return the proposal to the Contracting Agency for review and approval should any significant change occur in the scope, material, design of the work subsequent to preliminary design approval within accepted City procedures. Be responsible for all phases of the design and execution of the work, including site preparation and installation, unless otherwise stipulated in the contract. Hold no rights to any work of art commissioned or purchased under this chapter including: reproduction, access, modification, resale, etc., unless such rights are specifically allowed in formal written agreement between the City of Kent and the artist. Complete conservation records that include: Specific materials and sources used in the execution of the piece. Methods of fabrication including diagrams and names of fabricators. Installation specifications, methods, description and diagram of structural support, company and persons involved in installation. Method and frequency of maintenance including routine maintenance requirements, cyclical maintenance requirements, recommendations and cautions about possible negative influences on work (such as climate, pollutants, sunlight, etc.) Desired appearance of work (for example; matte or glossy patina). Estimate the life of the work and guarantee work as provided in the contract. At some time during the proposed design phase, the artist may be required to make a public presentation at an appropriate forum in the community where the work will be placed. The Architect shall: Recommend to the Kent Arts Commission, and the appropriate City Department involved, specific areas for works of art and the appropriate scale and type of art for given project site. Consult with the artist, review the execution of the work of art at periodic intervals, provide engineering and technical assistance to the artist, if required, and supervise the delivery and installation of the work under contract. 5 Assure that all utility service requirements for the work of art are met in the design documents and that the work may be installed with relative ease and be accessible for maintenance purposes. The Staff of the Kent Department of Parks and Recreation shall: Develop a City Art Plan in consultation with the Arts Commission, for the expenditure of monies deposited in the City Art Fund. Such programs shall be approved by the Arts Commission, and the City Council; Administer the City Art Program and Fund; Review each project and make recommendations; Develop an art selection jury membership roster; Coordinate all competitions; including development and distribution of all competition announcements and prospectuses. Develop artist contracts following artist selection, for review and approval by Legal Department, City Administration, Mayor, and City Council. Recommend and implement necessary maintenance and repair procedures for City Art works. The Staff shall submit a quarterly activity report to the Arts Commission, City Administrator and Council, including: Procedure for complete selection process; Amount of funds to be expended for specific projects; Location of the art work; Major milestones for each project - i.e., completion of selection, completion of the commissioning of artists, and final project completion. METHODS OF SELECTION: Direct Selection: The artist shall be chosen directly by advisory panel or jury or by the Arts Coordinator. Open Competition: Any artist, subject to any limitations established by Commission recommendation, may enter. Limited Competition: Artists will be selected and invited to enter. CRITERIA FOR SELECTION OF WORKS OF ART: Standard of Excellence: Acquisitions shall be in the judgment of recognized art experts to be of exceptional quality and enduring value. Each proposed art in public places project will also be evaluated as to artistic excellence, appropriateness in terms of scale, material and context relative to the immediate and general architectural, social and historic context and long-term durability against vandalism, weather, theft and excessive maintenance. Appropriateness to Site: Relationship of artwork shall be considered in terms of the physical dimensions, social dynamics, local character and surrounding urban context of the existing or planned site. Elements and Design: The Advisory Panel, Art Selection Jury and the Artist shall take into account that art in public places may function as: art standing alone, focal points, axial terminators, modifiers 6 or definers of special spaces or establishers of identity. When deemed appropriate and beneficial by the Advisory Panel, City Art Program projects may be incorporated into the function and structure of facilities, (e.g. doors, windows, walkways, etc,). Permanence: Due consideration shall be given to structural and surface soundness and to permanence in terms of relative proof against age, theft, vandalism, weathering, excessive maintenance or repair costs. Acquisition: New works shall be commissioned or existing works may be acquired. PAYMENT TO THE ARTIST: Payment of the artist's basic services shall be at regular intervals. They shall be in proportion to services actually performed and completed. At no time shall the total payments received by the artist exceed the following levels for the various stages of completion: 43 _Preliminary Design Phase _ _ _20% Upon 25% Completion 15% 33 _Upon 50% Completion 15% Upon 75% Completion 15% ioo Upon installation, completion & acceptance 35% PLACEMENT OF WORKS OF ART: Works of art selected and implemented shall be placed in, on or about any municipal construction project or other municipally-owned, leased or rented property. Works of art may be attached or detached within or about such property, and may be either temporary or permanent. Placement of works of art shall be authorized by the City Council upon review and recommendation of the Arts Commission. Staff responsible for the design and construction of projects shall make appropriate space available for the placement of works of art. Criteria for Development and Selection of City Art Program Proiects All City Art Program projects will be developed to respond to a specific site or building location with the exception of artworks purchased to circulate among various sites or facilities. Each project will be evaluated by the Arts Commission, staff and Advisory Panel within the context of the City of Kent and Arts Commission goals and objectives, and written into the City Art Plan. The Arts Commission will identify priority projects and/or general locations for public artwork. The Arts.Commission will seek to ensure that over time City Arts Program projects will be spread among a wide number of types of sites and specific locations in Kent. Commissions will be awarded to a wide variety of nationally and regionally recognized artists and will reflect an overall diversity of scale, aesthetic vocabulary, community values and forms of expression. City Art Program Budget: The Finance Department shall pay warrants from the Municipal Art Fund upon vouchers approved by the Staff and Parks Director. The Finance Department shall monitor expenditures from the City Art Fund. 7 The Finance Department shall provide a summary reporting mechanism detailing the status of, and all activity within, the City Art Fund. This report shall be transmitted to the Staff and reviewed by the Arts Commission quarterly. EXECUTION OF WORKS: After an artist has been selected, the artist will enter into a contract with the City to perform the work, to be executed either by the artist or by an independent contractor as stated in the contracts. The City Council will authorize the contract with the artist. Publicity. The City of Kent, architect, artist, City Departments, Kent Arts Commission and their agents shall include in any publicity of the capital project prominent reference to the art contracted for under this ordinance. Local and Lay Advice. The Kent Arts Commission shall be receptive to advice from the general public which will benefit from public arts herein provided. Conflict of interest: All procedures shall be conducted and all decisions shall be made free of any conflict of interest. Professional Assistance: Where suitable, any appropriate professional or technical advice may be sought. MAINTENANCE AND CONSERVATION OF WORKS OF ART: The Department of Parks and Recreation Maintenance Division shall be responsible for the normal cleaning and maintenance and operation of the City's works of art. Unusual maintenance or repair of works of art shall be reviewed by the Staff, and appropriate measures will be taken to repair and/or maintain works of art. Unusual maintenance costs may be expended from the City Art Fund. Per artist's recommendation, Staff shall recommend the appropriate method of maintenance for each work of art. An annual review of the repair of the City's collection of art works shall be made, and a report shall .be submitted by Staff to the Arts Commission and the City Council for review. Each work in the collection shall be properly marked with accession number and information and will be fully documented and entered into accession ledger. The accession ledger will be updated with each new collection acquisition. Facilities housing artworks shall keep the artwork clean, maintain the surrounding area and report damage or maintenance needs. Gifts of Works of Art: Proposed gifts of works of art are referred to the Kent Arts Commission for their review and recommendation to the City Council. Review is based on the quality of the work, maintenance requirements, conformance to structural and fabrication standards and applicable safety codes, donor conditions, availability of an appropriate site for the work, the advice of administrators at the proposed site and staff research. S Proposed gifts of funds for the acquisition of works of art if restricted or dedicated in any way are reviewed to ensure that such restrictions or dedications are consistent with the goals of the Kent Arts Commission and the City of Kent. Proposed gifts of sites for works of art are reviewed by the Kent Arts Commission to ensure consistency with the Kent City Art Plan. Education and Public Involvement: A regular program of educational and promotional activities shall be part of each public art project. In addition to involving citizens in advisory panels and art selection juries, public involvement will be achieved through artists interaction with the community, use of the media, special events, exhibitions, tours, publications and public meetings. Public Art Review Process: Objectives: A. To establish an orderly process for reviewing the status of public artwork. B. To establish a procedure for removal or relocation of public works of art. Review Process: Review is initiated by the Arts Commission for one or more of the following reasons: 1 . The condition or security of the artwork cannot be reasonably guaranteed. 2. The artwork requires excessive maintenance or has faulted design or workmanship and repair or remedy is impractical or unfeasible. 3. The artwork has been damaged and repair is impractical or unfeasible. 4. The artwork endangers public safety. 5. No suitable site is available or significant changes in the use, character or design of the site have occurred which effects the integrity of the work. 6. Significant adverse public reaction has continued unabated over an extended period of time. 7. The quality or authenticity of the artwork is called into question. 8. The sponsoring agency wishes to replace the artwork with a more appropriate work by the same artist. 9. Removal is requested by the artist. Review should include: 1. Review of the artists contract and other agreements which may pertain. 2. Discussion with the artist of the concern prompting review. 3. Opinions of more than one independent professional qualified to recommend on the concern prompting review (conservators, engineers, architects, critics, art historians, safety experts, etc.) 4. Review of written correspondence, press and other evidence of public debate. The Kent Arts Commission shall hold the review and make their recommendation to the City Council. Options to be Considered: A. Maintain the work in the current site. B. Relocation - the work was created for a specific site, relocation must be to a new site consistent with the artist's intention. The artists assistance may be sought. C. Removal by sale, extended loan, trade or gift. Professional appraisals of the fair market value of the work should be obtained. 1 . If feasible, the artist should be given option on purchase 2. Sale may be through auction, gallery resale or direct bidding by individuals 3. Trade may be through artist, gallery museum or other institutions 4. Proceeds from the sale of work should be deposited into the City Art Fund. Any pre-existing contractural agreements between the artists and the Kent Arts Commission regarding resale shall be honored. D. Destruction of the Work. If destruction of the work is the only solution, whenever practical the artist shall be given first opportunity to remove the piece. PROVISIONS FOR REVIEW AND AMENDMENT: These Guidelines are subject to periodic review and revisions by the Staff, and upon consultation by the Arts Commission and recommendations shall be submitted for City Council approval. ARTPLPOL.PR% 10 KENT PARKS AND RECREATION DEPARTMENT CITY OF KENT ARTS COMMISSION Proposal Site Date Artist Phone Address Zip Social Security # I . Proposal Summary: Please be very specific Title of Work Materials Fabrication Method Dimensions Weight Estimated Project Duration 2. Description of Proposed Artwork: 3. Special Considerations: Where will work be executed/fabricated? What site preparation will be necessary? Do you plan to provide special lighting? Are there special considerations related to: Maintenance Weathering Public contact (touching, climbing) Vandalism What do you contemplate as a base? How will the work be attached to the base or how will the artwork be mounted? Size Depth Are there any special structural/technical considerations? Have you visited the site? Is this work part of an edition? When could you- commence work on this project? What is the expected completion date? ESTIMATED BUDGET Materials (please list) Artist's labor Wages for assistants Fabrication Expense Studio Overhead Transportation to site Site preparation Installation Special lighting (if applicable) Insurance (if applicable) Sign (required) Other State Sales Tax (8.2%) Total Budget ESTIMATED SCHEDULE FOR COMPLETION Month Work Stage Is it possible to visit your studio during production of the piece? If so, please indicate (*) the best times during production for a visit. I hereby certify that, if accepted, this artwork will meet or exceed the standards represented by this proposal , and the level of professionalism and craftsmanship demonstrated in my current body of work. Artist's Signature Date KACARTAP.PRK r N A, �u� Kent City Council Meeting �J Date February 16, 1993 Category Consent Calendar 1. SUBJECT: PUGET SOUND REGIONAL COUNCIL INTERLOCAL AGREEMENT 2 . / -"-�ARY STATEMENT: \As reco ended by the Operations Committee _ gbruary 2, 19�3 utHoriza�n � r ,-ez.=�to.a for the Mayor to sign an amended i linterlocal agreement with the Puget Sound Regional Council..I The agreement modifications are to change the assessment calculation for fiscal year 1993-1994 for a per capita assessment to a combination of assessed value and population and include new members in the State Department of Transportation and the Ports. If the rg-r� .and the new members join, the City of Kent's assessment should be about $17, 000, up from about $11, 000. ire--Comm t-t� - a ______ , � Advantages of belonging vh-ich include grant rx-u a..uoocu—crrc funding opportunities and census data -3tte�i{i r a t i n and- G ' 3 . EXHIBITS: Memos from Kelli O'Donnell, Roger Lubovich and interlocal agreement 4 . RECOMMENDED BY: Operation Committee (3-0 vote) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: -�WN�O YES _ FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3D MEMORANDUM DATE: December 29, 1992 TO: Christi Houser, Operations Committee Chair Operations Committee Members FROM: Kelli O'Donnell, Administrative Assist SUBJECT: Puget Sound Regional Council Proposed Dues Revision Based on my conversation with Mark Gulbranson, Director of Administrative Services Puget Sound Regional Council, of November 2, 1992, the new dues structure will increase Kent's portion of dues. The old assessment was calculated on a per capita basis. The new formula will begin in 1994. Half of each jurisdiction's dues will be based on assessed value and the remaining half on population. The City of Kent's 1992 assessment for PSRC was $11,232; if the same data for assessed value and population is used under the new fee structure the City of Kent would be assessed $20,604. To help offset the increase in dues, the PSRC will reimburse back to the cities any dues collected from the new statutory members (Washington State Department of Transportation,The Washington State Transportation Commission, Port of Seattle, Port of Tacoma and the Port of Everett). Mark Gulbranson stated that with the reimbursements it is estimated that the City of Kent would have a net assessment of $16,683. Since these estimates are based on 1992 population and assessed value figures, the actual assessment would go up or down relative to the 1994 figures for Kent and the rest of the jurisdictions involved. Mr. Gulbranson and the PSRC Executive Director, Mary McCumber, would be glad to answer any questions at a future meeting of the Operations Committee or the full Council. 14EMORANDUM PUGET SOUND REGIONAL COUNCIL TO : MAYOR KELLEHER/ CITY COUNCIL FROM: ROGER LUBOVICH DATE: NOVEMBER 21 1992 ------------------------------------------------------------ The Puget Sound Regional Council (PSRC) is a newly formed agency that replaces the defunct Puget Sound Council of Governments (PSCOG) . In the past, the PSCOG provided the Planning and Engineering Departments with regional planning models that were used for both Growth Management and transportation forecast purposes. With the implementation of the new federal Intermodal Surface Transportation Efficiency Act (ISTEA) , the PSRC provides a significantly greater service to the City of Kent. The City is being asked to execute amendments to the current PSRC Interlocal Agreement. The first proposed revision to the existing interlocal agreement is based upon a new state law requirement. Under ESHB 2610, the Council is required to add the Washington State Department of Transportation, the Washington State Transportation Commission, the Port of Seattle, the Port of Tacoma, and the Port of Everett to the Council ' s Executive Board. This mandate will make the agency eligible for an additional $600, 000 in federal and state grant funds. The second proposed revision is to establish a new method for membership dues. The new dues structure is to be based on assessed value and population, rather than on the amount of each jurisdiction' s general fund. Half of each jurisdiction's dues would be based on assessed value, and the other half would be based on population. Under the proposed revision, the Regional Council would use the new method to assess the Cities ' and Counties' 1994 dues. The new statutory members will also be contributing dues and adding to the financial assets of the PSRC. INTERLOCAL AGREEMENT FOR REGIONAL PLANNING OF THE CENTRAL PUGET SOUND AREA This Agreement is entered into by and between the undersigned Counties, Cities and Towns, political subdivisions and municipal corporations of the State of Washington and federally recognized Indian tribes. This Agreement is made pursuant to provisions of the Interlocal Cooperation Act of 1967, Chapter 39.34 R.C.W. and has been authorized by the legislative body of each jurisdiction pursuant to formal action as designated on the signature page. I. NAME AND PURPOSE The purpose of this Agreement is to establish the PUGET SOUND REGIONAL COUNCIL, hereinafter called the "Regional Planning Agency," and the terms and conditions under which the parties shall participate in the activities of the Regional Planning Agency. II. MISSION The mission of the Regional Planning Agency is to preserve and enhance the quality of life in the central Puget Sound area. In so doing, it shall prepare, adopt, and maintain goals, policy, and standards for regional transportation and regional growth management in the central Puget Sound area, in accordance with federal and state law and based on local comprehensive plans of jurisdictions within the region. The agency shall ensure implementation in the region of the provisions of state and federal law which pertain to regional transportation planning and regional growth management. 11I. ESTABLISHMENT OF REGIONAL PLANNING AGENCY; DURATION This Agreement shall become effective upon execution by sixty (60) percent of all of the units of general government in King, Kitsap, Pierce, and Snohomish Counties, including the counties, representing three-quarters (3/4) of the population. This Agreement shall remain in force and effect perpetually or until terminated by member agencies which represent seventy-five (75) percent of the regional population. 1 IV. DEFINITIONS For the purpose of this Interlocal Agreement and all other agreements, contracts and documents executed, adopted or approved pursuant to this Agreement, the following terms shall have meaning prescribed to them within this section unless the context of their use dictates otherwise: (1) Member agency shall mean any public agency which is a party or becomes a party to this Interlocal Agreement and is a county, city, town or federally recognized Indian tribe. (2) Statutory member shall mean any public agency whose membership is required by a state or federal statute. (3) Public agency shall mean any city, town, county, public utility district, port district, fire protection district, school district, air pollution control authority, federally recognized Indian tribe, or metropolitan municipal corporation of this State, any agency of the State government or of the United States and any political subdivision of another state. (4) Board shall mean the Executive Board of the Puget Sound Regional Council. (5) State shall mean a state of the United States. (6) Region shall mean that territory physically lying within the boundaries of the counties of King, Pierce, Snohomish, Kitsap and any other member county. (7) Population shall mean that population of any general purpose local government that is a member agency last determined for each such member as certified by the State Office of Financial Management or its succeeding office of the State of Washington at the time of the signing of this document and on the first day of May of each year thereafter, except that the population of member counties shall be that population determined in the same manner for the unincorporated area of such county; and further that the population of Indian tribes shall be the latest figures established and certified by the Federal Bureau of Indian Affairs. (8) Regional population shall be determined by adding together the population of the member agencies. (9) Local comprehensive plan: A generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to state law. 2 (10) Countywide comprehensive policy plan: A policy-based document (which reflects city and county comprehensive plans), establishing countywide goals and objectives to guide the development of local comprehensive plans for cities, towns, and the unincorporated areas within a county. The plan addresses issues of countywide significance. (11) Certification: A statement of verification that local or countywide plans and policies are consistent and coordinated with regional plans and policies covering issues of regionwide significance. (12) Consistency: A condition in which plans and policies affecting the area within the regional agency's jurisdiction are compatible and mutually reinforcing. Consistency is achieved when these plans, taken together, meet state requirements for consistency in local and regional plans. (13) Conflict resolution: A process initiated by the Regional Planning Agency upon review of local comprehensive plans or of countywide comprehensive policy plans, when the agency finds that such a plan appears inconsistent with the certifiable elements of the regional plan. In the process, parties agree to seek a mutually acceptable accommodation of their differences among themselves or, when required, with the assistance of an independent intervener or third party. The purpose of the process is to achieve consistency and, where applicable, to assure certification of the plan. If the parties cannot accommodate their differences, the conflict will be resolved by the board of hearing examiners described in Section 7(5) hereof. (14) Goal: Statement of an aim or desired outcome of a plan or planning process. (15) Growth management: A system for guiding, directing, limiting, and encouraging growth so that the demands for housing, infrastructure, and other growth support systems can be met. Growth management includes but goes beyond concern for natural systems, embracing also social, economic, and legal issues. At its best, a growth management system can and will separate urban and rural areas in a way that protects open space, farmland, and natural areas in the rural countryside, and provides for land, densities, and infrastructure to support needed residential, commercial, and industrial facilities. (16) Metropolitan Planning Organization (MPO): The agency designated by the United States Department of Transportation and the governor that is responsible,in cooperation with the State, for ensuring that 3 transportation planning is conducted through a "continuous, cooperative, and comprehensive (3-C) process." The process is stipulated in federal law. (17) Minimum standard: The quantitative or qualitative measure applied to an activity, task,or function to determine if the region is achieving expectations for a planning objective. Higher standards may be set for the same objective in local plans. (18) Objective: Statement of a concrete result to be obtained from a plan. (19) Policy/Guidelines: A statement establishing the framework within which actions to achieve objectives can be taken. A policy often specifies direction but is broad enough to allow alternatives to be evaluated. (20) Regional growth management strategy: A planning document that establishes a vision and policy on regional aspects of growth issues, including transportation, land use, open space, housing, economic development, and environmental concerns. (21) Regionally significant transportation projects: As defined by state law, such projects exhibit one or more of the following characteristics: 1. The project crosses boundaries of member jurisdictions; 2. The project is or will be used by a significant number of people who live or work outside the county in which the project is located; 3. Significant impacts from the project are expected to be felt in more than one county; 4. Potentially adverse impacts of the project can be better avoided or mitigated through adherence to regional policies; 5. Transportation needs addressed by the project have been identified by the regional transportation planning process and the remedy is deemed to have regional significance. (22) Regional Transportation Planning Organization (RTPO): An agency authorized under state law to develop and adopt a regional transportation plan, and to certify that the transportation elements of local comprehensive plans conform to requirements of state law and are consistent with the regional transportation plan. In urbanized areas, the RTPO is the same as the MPO. (23) Sensitive areas: These include the following areas and ecosystems: wetlands, groundwater aquifers, fish and wildlife habitat conservation areas, floodplains, geologically hazardous areas. 4 (24) Setting categories of priorities: An annual or biennial evaluation by the regional agency of regionally significant transportation projects recommended for funding. Evaluation is made on the basis of general criteria, to establish regional preference for federal and state funding and construction among the recommended projects. (25) Urban growth areas: As defined in state law, areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature. (26) Vision: Statement of a desired future. V. MEMBERSHIP AND REPRESENTATION A. Membership. Membership in the Regional Planning Agency shall be available to all statutory members and to the County and all City governments in King, Kitsap, Pierce, and Snohomish Counties. Membership by county and city governments is established by execution of this Agreement and payment of dues. 1. All federally recognized Indian Tribes within the jurisdiction area are eligible to petition for approval as members of the agency, with voting representation in the General Assembly. 2. Special purpose governments and other State government agencies are eligible to petition for approval as members of the organization, but without voting representation in the General Assembly. B. General Assembly. 1. The General Assembly shall be composed of all elected officials representing the executive and legislative branches of cities, towns, and counties which are members of the agency, representatives of Tribal governments which are members, and representatives of statutory members. 2. The General Assembly shall make decisions when a quorum is present, and on the basis of a weighted vote of the members, with the weight of each city and county jurisdiction vote as follows: total votes of all city and county jurisdictions within each county will be proportional to each county's share of the regional population. County government will be entitled to fifty (50) percent of their respective county's total vote. City and town votes will be based on their respective share of 5 the total incorporated population of their county. Indian Tribe vote will be based on their respective share of the regions' population. The vote of statutory members shall be as prescribed in the applicable statute or as determined by the Executive Board where the applicable statute is silent on the matter of voting. C. Executive Board. 1. The Executive Board shall be composed of statutory members and members of the General Assembly, representing the four counties and their cities. 2. The Executive Board shall make decisions when a quorum is present. Votes for member agency jurisdictions represented on the Board will be proportional to the total population within the regional agency's jurisdiction. Up to one vote in any such membership category may be split to achieve greater proportional representation. Votes for statutory members shall be as prescribed in the applicable statute or as determined by the Executive Board where the applicable statute is silent. Weighted votes shall be distributed as defined in Section V.B.2. Weighted votes shall be used when requested by any member of the Executive Board and Representatives present shall cast the jurisdiction's total weighted votes. Initially, the Board membership and voting structures shall be established as follows: Member Weighted Jurisdiction Representatives Votes Votes King County: County 4 4 275 Largest City (Seattle) 3 3 144 Other Cities/Towns 3 3 131 Kitsap County: County 1 1/2 35 Cities/Towns 1 1/2 35 Pierce County: County 2 2 105 Largest City (Tacoma) 2 1-1/2 75 Other Cities/Towns 1 1/2 30 Snohomish County County 2 2 85 Largest City (Everett) 1 1 29 Other Cities/Towns 1 1 56 Member Jurisdiction Totals 21 19 1000 6 Statutory Members: Port of Seattle 1 1 50 Port of Tacoma 1 1 30 Port of Everett 1 1 10 State Transportation Commission 1 1 30 State Department of Transportation 1 1 30 Statutory Member Totals 5 5 150 GRAND TOTALS 26 24 1150 3. The distribution of county and city representation on the Board between and within counties shall be reconsidered every three years based on current population data provided by the State Office of Financial Management. 4. Member agency representatives on the Board shall be elected officials and shall be appointed by the local jurisdictions which they represent on the Board. Alternate member agency representatives to the Board may be designated who are elected officials and are of the same number as the authorized Board membership for each jurisdiction or group of jurisdictions. Appointment of statutory members and alternates shall be at the discretion of the appointing authority. 5. Members of the Board eligible to cast votes in the decision-making process of the Board shall be designated by the jurisdictions they represent at the beginning of each calendar year. VI. GENERAL ORGANIZATION A. The agency shall be organized into a General Assembly, consisting of all voting members of the organization, an Executive Board of representatives of the voting members, and advisory boards and task forces as established by the Board. B. The General Assembly shall meet annually and otherwise at the request of the Board to elect officers from the Executive Board, and to review and ratify key decisions of the Board, such as the annual budget of the agency and essential policy documents, including the regional transportation plan and regional growth management strategy and amendments to them. 7 C. The Executive Board shall carry out all delegated powers and managerial and administrative responsibilities between the meetings of the full Assembly. D. Key policy boards to advise the Executive Board on recommended changes in policy or new direction on regional transportation and regional growth management will be created by the Board. 1. As directed by state law, the Board will establish a regional Transportation Policy Board to provide advice on regional aspects of transportation issues to the Executive Board and participate in agency policy making. It will include representatives of large and small employers in the region, the Washington State Department of Transportation (WSDOT), transit and port districts in the region, representatives of community and neighborhood organizations and other interest groups, and citizens at large, as well as representatives of cities, towns, and counties which are members of the organization and such statutory members as may be required from time to time. 2. A regional growth management board will be similarly constituted and provide policy advice on regional aspects of growth management issues. E. The Board shall establish such other standing committees or task forces as may be required to provide advice and recommendations to the Board. F. The Board shall hire an Executive Director who shall be subject to direction of the Board. The Executive Director shall hire necessary staff consistent with the agency's annual budget. The Board is authorized to contract for professional services to meet other support needs that may arise and otherwise enter into contracts and acquire, hold and dispose of personal and real property as necessary. VII. FUNCTIONS/AUTHORITY A. Transportation. In meeting its responsibilities for regional transportation planning, the Agency shall: 1. Produce a Regional Transportation Plan (RTP), as prescribed by federal and state law and regulations and based on local comprehensive planning. The RTP will establish planning direction for regionally significant transportation projects, as defined in state law and shall be consistent with the regional growth management strategy. 8 The RTP will cover major highways and roads, regional transportation connectors (bridges and tunnels), ferry systems, public transit systems, airports, seaports, and other regional transportation facilities. It will address transportation system demand management, levels of service, and capital investments. The RTP will also include regional High-Capacity Transportation (HCT) plans, and impacts of urban growth on effective HCT planning and development, as prescribed in state law. 2. Through the RTP, establish regional transportation policy and, in cooperation with the state transportation department, set minimum standards for state government to integrate in its transportation planning and for local governments to reflect and include in the preparation of transportation elements of local comprehensive plans. 3. Carry out MPO functions as prescribed for federally funded projects in the region. These functions include preparation of an RTP, an annual work program, and a six-year capital plan (with an annual element). As an MPO, manage right-of-way preservation proposals for highway and high-capacity transportation development to assure conformance with the RTP and associated regional development strategies. 4. Carry out RTPO functions as prescribed by state law. These functions include preparation of an RTP covering regionally significant transportation projects, as well as these other functions mandated by state law: a. Certify that transportation elements of local comprehensive plans are consistent with the regional transportation plan. b. Certify that transportation elements of comprehensive plans adopted by counties, cities, and towns conform with comprehensive planning provisions of state law. c. Certify that all transportation projects within the region that have a significant impact upon regional facilities or services are consistent with the RTP. 9 d. In cooperation with the State Department of Transportation, identify and jointly plan improvements and strategies within those corridors which are important to moving people and goods on a regional or statewide basis. 5. In the case of certification of transportation elements of all local comprehensive plans for consistency with the Regional Transportation Plan (RTP), the Board shall direct staff to review plans and recommend certification. If staff does not recommend certification because of inconsistencies with the RTP, the local government(s) involved shall be notified, and the affected party or parties may appeal the staff recommendation to the Board for resolution. Upon receipt of an appeal, the Board will direct that a board of hearing examiners be constituted from the membership of the Executive Board to resolve the conflict, establishing consistency with the RTP, and allowing for certification. 6. Determine categories for priorities for the region among recommended regionally significant transportation projects, and forward those priorities to the State Department of Transportation for review in the development of state transportation funding programs. 7. Review and comment in the NEPA/SEPA process on proposed actions with potential significant impact on the implementation of the RTP. B. Growth Management. The agency shall maintain VISION 2020 as the adopted regional growth management strategy. The regional growth management strategy shall be based on and developed from local comprehensive planning and address only regional issues including transportation, open space, air and water quality, economic development and regional facilities. C. Countywide Comprehensive Plans. One year after adoption of this Agreement, a process for the regional review of countywide plans (which reflect city and county comprehensive plans) for consistency with the adopted regional growth strategy and/or the regional transportation plan shall be considered by the governing Board of the new Regional Council. D. Regional Data Base Development. The agency shall provide for establishment and maintenance of a regional data base to: I. Support development of the RTP and regional growth management strategy; 10 2. Forecast and monitor economic, demographic, and travel conditions in the region; 3. Develop the data base jointly with relevant state agencies for use in the region by local governments and the State of Washington. 4. Respond to data prepared by the State Office of Financial Management. E. Technical Assistance. As requested, the agency shall provide technical assistance to local, state and federal governments through regional data collection and forecasting services, consistent with the mission and functions of the agency. In addition, the agency may provide general planning assistance, consistent with the mission and functions of the agency, to small cities and towns which are members of the agency and which request help to complete planning work they are unable to staff or fund. F. Discussion Forum. The agency may provide a forum for discussion among local and state officials and other interested parties of common regional issues. VIII. RELATIONSHIP OF REGIONAL PLANNING AGENCY TO LOCAL AND STATE GOVERNMENTS A. Planning preparation: In a collaborative process with citizens of the region, interested groups and organizations, and local, regional and state government, the regional agency prepares the RTP and a regional growth management strategy. After public review and adoption by the Regional Planning Agency, these documents establish a vision and goals for growth and mobility in the central Puget Sound region. The RTP and the regional growth management strategy are based on direction of state law and based on and developed from local comprehensive plans. IX. FUNDING OF AGENCY ADMINISTRATION/OPERATIONS A. State and Federal Funding. Appropriations from the State through WSDOT to the Regional Planning Agency are to be provided as defined and authorized in state law. The Board is authorized to seek additional state funding as may be necessary. The agency will receive federal assistance through Urban 11 Mass Transportation Administration (UMTA), Federal Highway Administration (FHWA), and Federal Aviation Administration (FAA) Airports Systems planning funds, and other appropriate federal sources. B. Local Funding. Dues of member agencies, statutory members and associate members shall be established by the Executive Board. All city and county members shall pay dues, as established by the Board, based proportionally on a formula to include their population and their assessed valuation. C. Other Funding. The agency Board may contract on a fee-for-service basis with non-member agencies which request special services and with member agencies which may seek additional services. D. The Board shall establish the annual budget and the amount of dues necessary to support the functions of the Regional Planning Agency. Dues will be paid on July 1 of each year. X. AMENDMENTS A. Amendments to this Agreement may be proposed by any city or county and shall be considered by all members upon recommendation by the Board. The Agreement shall be amended by adoption of affirmative resolutions by all of the prior signators. B. In the event 60 percent of all units of general government in King, Kitsap, Pierce, and Snohomish counties, including the counties, representing at least seventy-five percent of the regional population become signators to a new agreement involving substantially the same subject matter as this Agreement, this Agreement shall terminate. XI. MERGER This Agreement merges and supersedes all prior discussions, representations and/or agreements between the parties relating to the subject matter of this Agreement and constitutes the entire contract between the parties. 12 n XII. WITHDRAWALS; DISSOLUTION A. Any member shall have the right to withdraw from this Interlocal Agreement by giving written notice, six months prior to the annual assessment, to the Executive Board. B. The members agree that withdrawal will not absolve them of responsibility for meeting financial and other obligations of annual contracts or agreements which exist between the State of Washington or the federal government and the Regional Planning Agency at the time of withdrawal. C. Upon termination of this Agreement any money or assets in possession of the Regional Planning Agency after payment of all liabilities, costs, expenses, charges validly incurred under this agreement, shall be returned to all contributing governments in proportion to their assessment determined at the time of termination. The debts, liabilities, and obligations of the Regional Planning Agency shall not constitute a debt, liability or obligation of any member agency. XII1. SEVERABILITY If any of the provisions of this Agreement are held illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. XIV. STATE RELATIONSHIP A copy of this Agreement shall be filed with the State Department of Community Development. IN WITNESS WHEREOF, this Agreement has been executed by each party on the date set forth below: Councilmember Jim Street, President Title: Date: Attest Approved as to Form: Deputy Prosecutor or City Attorney 13 \\V ' Kent City Council Meeting Date February 16, 1993 Category Consent Calendar 1. SUBJECT: UTILITY TAR DEFINITIONS 2 . SUMMARY STATEMENT: Adoption of Ordinance 30q relating to utility taxes , amending Chapter 3.04 to define "telephone business" and "competitive telephone service" consistently with RCW 82.04.065 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Operations Committee , 3-0 (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO % YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Age da Item No. 3E ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to utility taxes; amending Chapter 3 . 04 (Ordinance No. 2758) to define "telephone business" and "competitive telephone service" consistently with RCW 82 . 04 . 065. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Sect 1. Kent City Code (KCC) Chapter 3 . 04 (Ordinance No. 2758) is hereby amended to read as follows: 3 . 04 . 040. "CERTAIN UTILITIES SUBJECT TO TAX. In addition to the other business and license fees required by the City of Kent, there is hereby levied upon all persons (including the City of Kent) engaged in certain business activities a utilities tax to be collected as follows: (a) Upon every person engaging in or carrying on any telephone business within the City, an annual tax equal to three and one-half percent of the total gross operating revenues, including revenues from intra-state toll, derived from the operation of such business within the City of Kent. Gross operating revenues for this purpose shall not include charges which are passed on to the subscribers by a telephone company pursuant to tariffs required by regulatory order to compensate for the cost to the company of the tax imposed by this Chapter. (i) "Telephene business" "Network telephone service" means the L..••..:.....ss of providing by any person of access to a local telephone network, local telephone switching service, toll service, coin telephone services, telephonic, video, data, or similar communication, or transmission for hire via a local telephone network, toll tine line or channel, cable, microwave, or similar communication or transmission system. "Network telephone service" includes interstate service, including toll service, originating from or received on telecommunications equipment or apparatus in this state if the charge for the service is billed to a person this state. "Network telephone service" it—ineludes does not include the providing of competitive telephone service, e-r the providing of cable television service, or the providing of broadcast services by radio or television stations. (ii) "Competitive telephone service" means the providing by any person of tT—=ephe e telecommunications equipment or apparatus, or service ether than tee e related to that equipment or apparatus such as repair or maintenance service, if the equipment or apparatus whieh is of a type which can be provided by persons that are not subject to regulation as telephone companies under title 80 RCW and for which a separate charge is made. 2 iii "Telephone service" means competitive telephone service or network telephone service, as defined in subsections (i) and (ii) of this section. iv "Telephone business" means the business of providing network telephone service as defined in subsection (i) of this section It includes cooperative or farmer line telephone companies or associations operating an exchange Telephone business shall include 100 percent of the total service fees from calls originating and/or billed to subscribers within the City of Kent. Section 3 . Severability. The provisions of this ordinance are declared to be separate and severable The invalidity of any clause sentence paragraph subdivision section or portion of this ordinance or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this ordinance or the validity of its application to other persons or circumstances. Section 4 . Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage as provided by law. DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 3 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of , 1993 . APPROVED the day of 1993 . PUBLISHED the day of 1993 . I hereby certify that this is a true and correct copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK utilfee.ord 4 Kent City Council Meeting Date February 16, 1993 Category Consent Calendar 1. SUBJECT: WORKING TOGETHER GRANT - VALLI KEE 2 . SUMMARY STATEMENT: Acceptance of the Working Together Grant (Valli Kee) so that monies can be properly allocated within the 1993 budget, as recommended by the Operations Committee. For the second year in a row the City of Kent and the Housing Authority of King County have entered into a "Contract for Social Services regarding the Valli Kee Housing Complex. The am0unt__awarded the Cit under the current contract is �--� $28, 000. 00 (not to excee The Kent Police Department ,! tiTE�- - _. —11-provide the contracted services through its uniformed Bicycle Patrol and Public Education Unit (Crime Prevention Programs, DARE and other programs for the Youth) . 3 . EXHIBITS: Memo from Captain Miller, letter from Housing Authority, Contract for Social Services 4 . RECOMMENDED BY: Operations Committee (3-0) - (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended_ ,d(L^M Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3F KENT POLICE DEPARTMENT January 3 , 1993 TO: Operations Committee FROM: Captain Jim Miller (Acting Chief of Police) SUBJECT: Working Together Grant (Valli Kee) For the second year in a row the City of Kent and the Housing Authority of King County have entered into a "Contract for Social Services regarding the Valli Kee Housing Complex. The amount awarded the City under the current contract is $28 , 000. 00 (not to exceed) . The Kent Police Department is the Cities agent who will provide the contracted services through its Uniformed Bicycle Patrol and Public Education Unit (Crime Prevention Programs, DARE and other programs for the Youth) . The contract has been signed by Mayor Kelleher and Jim Wiley, Executive Director of the Housing Authority of King County. The intent of this memo it to formally request that the acceptance of the contract be placed on the Consent Calendar so that monies can be properly allocated within the 1993 budget. Thank You for your prompt consideration. CC: Tony McCarthy, Chief Administrative Officer May Miller, Finance Director Chief Ed Crawford Lt. Cline (Grant Coordinator) KING COUNTY VA IN ROSENBERRY,Chair SHARON MAST: Irme CWr HOUSING AUTHORITY ROBOBERT L(BOB)BiSNE BISNETT HAROLD G. BOOKER RICK S. BENDER E rwiar Dim-gar JIM WILEY December 15, 1992 Lt. Mike Sweeney Kent Police Department 220 - 4th Avenue South Kent, WA 98032-5895 Dear Lt. Sweeney: Enclosed is your fully executed original of the Contract for Social Services for public housing . residents in the City of Kent. The Housing Authority and its residents appreciate the services provided by the Kent Police Department during the first year of the Drug EIimination Program. We look forward to a second successful program year. If you have any questions, please contact Jim Dion, Director of Housing Management at the address or telephone number below, or Deanna Briese, Drug EIimination Coordinator at (206) 631-3520. Sincerely yours, THE OUSING AUT ITY HE CO OF KING WILEY Executive Directory JW:JT:bl 15455 - 65TH AVENUE SOUTH • SFATTI-E,WASHINGTON 98188-2534 PHONE(206) 244-7750 •TDD(206)243-9223 • FAX(206)244-1948 EQUAL HOUSING OPPOFrruwrY CONTRACT FOR SOCIAL SERVICES This Agreement is entered into by and between the Housing Authority of the County of Ring, hereinafter referred to as the "Housing Authority", and the City of Rent, hereinafter referred to as "the Agency", whose principal office is located at 220 Fourth Avenue South„JCent, Wa 98032-5895. WHEREAS, the Housing Authority has determined the need to have certain social services performed for its residents but does not have the manpower or expertise to perform such services, and WHEREAS, the Housing Authority desires to have the Agency perform such services pursuant to certain terms and conditions, now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope of Services to be Performed by Agency. The Agency shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the agency shall at all times comply with all Federal, State and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection herewith. 2. Compensation and Method of Payment. - The Housing Authority shall pay the Agency for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $28, 000. 00. 3 . AQencv Budget. The Agency shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement and according to the budget itemized on Exhibit B. The Agency shall request prior approval from the Housing Authority whenever the Agency desires to amend its budget by transferring funds among the budget categories. 4 . Duration of Agreement. The Agreement shall be in full force and effect for a period commencing December 1, 1992, and ending November 30, 1993 , unless sooner terminated under the provision hereinafter specified. 5. Independent Contractor. Agency and Housing Authority agree the Agency is an independent Contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall a considered to create a relationship of employer and employee between the parties hereto. Neither Agency nor any employee of Agency shall be entitled to any benefits accorded Housing Authority employees by virtue of the services provided under this Agreement. The Housing Authority shall not be responsible for withholding or otherwise- deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect. to the Agency, or any employees of the Agency. 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 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 as its sole cost and expense; provided that the city of Kent retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgement be rendered against the Agency and its officers, agents, and employees, or any of them, the Housing Authority shall satisfy the same. 7 . Record Keepina and Reporting. A. The Agency shall maintain accounts and records, including personal, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs 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 seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with R.C.W. Chapter 40. 14 and the Housing Authority. CONTRACT FOR SOCIAL SERVICES - 2 C. The Agency shall submit monthly program accomplishment reports (Exhibit C) which compare actual vs. projected accomplishments and expenditure rates. Projected performance measures and expenditures are listed on Exhibit C. This report shall abe submitted monthly, along with the Agency's request for reimbursement which shall be submitted on Agency letterhead. 8. Audits and Inspection. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by the Housing Authority 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. 9 . Termination. This Agreement may at any time be terminated without cause by mutual agreement of the parties hereto, or by either -party after 30 days following the other party's receipt of written intent to terminate. In the event of termination under this section, the Agency will be entitled to receive, to the date of .such termination on pro-rata basis, the compensation as set forth in Section 2 . 10. Discrimination 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. 11. Assignment and Subcontract. The Agency shall not assign or subcontract any portion of the service contemplated by this Agreement without the written consent of the Housing Authority. 12. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter 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. 13 . Notices. Notices to the Housing Authority of the County of King shall be sent to the following address: Housing Authority of the County of King 15455 - 65th Avenue South Seattle, Wa 98188 CONTRACT FOR SOCIAL SERVICES - 3 Notices to the Agency shall be sent to the address provided by the Agency upon signature .line below. D D this � � day of �'���� , 1992. HOUSING AUTHORITY OF THE VDIKMELLEHER, F KENT. CO OF E CUTIVE DIRECTOR MAYOR JIM WILEY 1 ATTEST/AUTHENTICATED: CITY OF KENT ATTN: CITY CLERK 220 Fourth Avenue South Ken Kent, Wa 98032 APPROVED AS TO FORM: OFFICE OF THE HOUSING AUTHORITY ATTORNEY BY CONTRACT FOR SOCIAL SERVICES - 4 EXHIBIT A --SCOPE OF WORK KENT POLICE DEPARTMENT Scone of Services to be Provided by Agency The Agency shall furnish the residents of the Housing Authority of the county of King community Valli Kee Homes drug elimination 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 Patrol -- -- 150-200 contacts Public Education Crime Prevention Programs -- 6-8 10-25 contacts DARE and other -- See 10-15 contacts Programs for Above Youth In addition, Kent Police Department agrees to attend meetings of the Drug Elimination Project TEAM as called by the . Housir_c Authority. Kent Police Department further agrees to be part of the information and referral network established in the Druc Elimination Project . EXHIBIT B - PROJECT BUDGET AND PAYMENT SCHEDULE 1992 - 1993 City of Kent Project Budget: Services Provided: Amount Allocated: Law Enforcement $28 ,000 (Includes $625 for DARE supplies ) Total $28,000 Payment Schedule : Date : Amount : December 31, 1992 $2906 .25 January 31 , 1993 $2281 . 25 February 28 , 1993 $2281 . 25 March 31 , 1993 $2281 . 25 April 30 , 1993 $2281 . 25 May 31, 1993 $2281 ..25 June 30 , 1993 $2281 . 25 July 31 , 1993 $2281 . 25 August 31 , 1993 $2281 . 25 September 30 , 1993 $2281 . 25 October 31, 1993 $2281 . 25 November 30 , 1993 $2281 . 25 EXHIBIT C -- AGENCY REPORTING REQUIREMENTS Invoice : The Agency shall submit an invoice to the Housing` Authority ten days after the close of each month: The invoice format is attached and labeled in Exhibit C-1 . y Client Data Report_: For each service category as defined in this• Agreement, the Agency shall submit a "Client Data Report : within 10' working days after the end of each calendar month. The Client 'Data format is attached as Exhibit C-Z . Monthly Narrative Report _ The Agency shall submit a "Monthly Narrative Report" within 10 working days after the end of each calendar month. The Monthly Narrative Report is attached and labeled Exhibit C-73 . Annual Evaluation Report : The Agency shall submit an annual evaluation report within 10 working days after November 30 , 1993 . The Annual Evaluation Report format will be provided by the Housing Authority and will include a summary of actual project expenditures per the attached report . Monitories_• 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 work as a team member— of the "Working Together Project" -- attend "Team Meetings , " do appropriate information and referral for clients with other tear members , and coordinate efforts with Housing Authority on-site management . EXHIBIT C-1 INVOICE, WORKING TOGETHER PROJECT Name and Address of Contractor Contract Number: f Amount Requested• - — -- - -- ---- - for services provided during the month of — ---- 1992-93 . Contract Budget : " Reimbursement to Date : Requested this month: Balance: NAME: TITLE: SIGNATURE: DATE EXFIIDIT C-2 CLIENT .DATA AGENCY NAME: MONTH OF SERVICE : SERVICE: SUMMARY: Describe the number of people assisted by the project. ADULTS: MALE FEMALE YOUTH : MALE FEMALE ETHNICITY: Caucasian Asian/Pacific Black Native American Hispanic Other Unknown LOCATION: _ SPRINGWOOD GREEN RIVER [TOMES CASCADE FIRwOOD CIRCLE VALLI KEE ©URNDALE HOMES EXSIBIT c-3 NARRATIVE REPORT AGENCY: MONTE: highlights of program activities : (Use Describe g 1. additional paper if necessary. ) Z . Performance standard (s ) not on target and explanation. 3 . Major problems identified and solutions/corrective actions . 4 . Other Comments . AGENCY : Kent Police Department 1993 CONTRACT # : D-3 Scope of work: Law Enforcement Services $28 ,000 Pmt Sched $ Allowed Anticipated Actual lActual Balance I Expenditure Balance Dec 31 , 92 I $ 2,906 . 25 j $25 ,093 . 75 I 1 I I Jan 31 , 93 I 2 ,f8l . 25 ( 22 ,812 . 50 j I li Feb 29 , 93 I 2 ,281. 25 120 , 531 . 25 I I Mar 31 , 93 ` 2 , 281 . 25 118 ,250 . 00 I I fl I R Apr 30 , 93 ' 2,281 . 25 115 ,968 . 75 I � May 31 , 93 ' 2 ,281 . 25 113 ,687 . 50 I I II Jun 30 , 93 I 2 ,281. 25 j 11 , 406 . 25 I I u Jul 31 , 93 2 ,281 . 25 I 9 ,125 . 00 1 i -Aug 31 , 93 I 2 ,281 . 25 I 6 ,843 . 75if I I Sep 30 , 93 I 2 ,281 . 25 j 4 , 562 . 50 j i it I Oct 31 , 93 2 , 281 . 25 j 2 ,281 . 25 I Nov 30 , 93 2,281 . 25 j ----- I u Total I $28 ,000 j I Kent City Council Meeting Date February 16, 1993 Category Consent Calendar 1. SUBJECT: WASHINGTON CITIES INSURANCE AUTHORITY (WCIA) MEMORANDUM OF UNDERSTANDING 2 . SUMMARY STATEMENT: Authorization for the Mayor to execute a Memorandum of Understanding regarding the WCIA Large Deductible Program. The City Council recently elected to remain with WCIA for general liability coverager-hewevet, under the optional deductible program in the amount of $100, 000. •_r r=�7 3 . EXHIBITS: Memorandum of Understanding 4. RECOMMENDED BY: Operation Committee (3-0) _ (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT• NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3GX c Washington Cities Insurance 1 :1 Authority rWC - IV EC, ,jAN 81993 January 7, 1993 pERSO V0.EL OEP f Ken Chatwin Risk Analyst City of Kent 220 S. Fourth Kent, WA 98032 RE: Memorandum of Understanding qI —(_tv — 0 0 U Dear Mr. Chatwin: Enclosed please find the Memorandum of Understanding outlining the Large Deductible claims payment process. Please sign both originals and return both originals to WCIA. After I get Mark Bucklin to sign to approve as to form, I will send you one original back. I have already talked to Mark and there should be no problems in getting his signature. If you have any questions, please call me at (206) 764-6471. Sincerely, David Ha}/hsaka Programs Manager dkh9 15215 52nd Ave. South,Suite 10,Tukwila, WA 98188 (206)764-6471 FAX 764-4067 Memorandum of Understanding This Memorandum of Understanding (Memorandum) is made and entered this day by and between the City of Kent, (KENT), and Washington Cities Insurance Authority, (WCIA) to clarify KENT and WCIA responsibilities under the WCIA Large Deductible program. KENT, as a current member of WCIA, has qualified and has exercised its option to participate in the Large Deductible Program and will maintain a $100,000 deductible level per occurrence. I CLAIMS ADMINISTRATION During the period or periods of KENT's participation in the Large Deductible Program, WCIA shall continue to represent and act for KENT in matters pertaining to the automobile, errors & omissions, police and general liabilities of KENT, including the following: A. Receive notice of and create files on each claim reported and maintain these files for KENT. Each claim file shall be maintained on a current basis to reflect liabilities, value, recommended disposition, and desirability of risk. B. Investigate all claims submitted to WCIA by KENT to determine their liability and settlement value. C. Request timely payment to WCIA, in accord with payment procedures established herein. KENT will be wholly responsible for providing payment as may be required for any claims assessed against it, up to $100,000 per occurrence, and/or in excess of or upon exhaustion of WCIA liability coverage. D. Maintain and provides KENT pertinent data on all claim payments. E. Promptly report to KENT the status of claims in a timely manner. II PAYMENT OF CLAIMS A. ' KENT shall at all times provide funds to WCIA adequate for the payment of qualified claims or losses and of allocated loss expenses within KENT's $100,000 per occurrence deductible to a Deductible Fund (Fund) managed by WCIA. For this purpose, allocated loss expenses shall mean all costs, charges or expenses of third parties, incurred by WCIA, its agents or its employees, which are properly chargeable to a qualified claim or loss including, without limitation, court costs, fees and expenses of defense attorneys, independent investigators, experts and witnesses, and fees for obtaining diagrams, reports, documents and photographs. B. The initial deposit to the Fund shall be $25,000, payable on or before January 31, 1993. WCIA will periodically analyze the sufficiency of this amount and may require KENT to adjust the deposit amount to more accurately represent cash flow demands placed upon the Fund. 01/07/93 Memorandum of Understanding C. WCIA will provide KENT with monthly reports detailing all expenditures charged to this Fund. KENT will have ten (10) working days from the date of this notification to reimburse the Fund to its required deposit level, as established in clause B above, by wiring funds to WCIA's bank account. D. In the event that the Fund is impacted by an unusually large volume of current or pending claims or expenses, and upon special notice from WCIA detailing the nature of this unusual demand and the amounts thereof, KENT will wire transfer the requested amount within ten (10) days to avoid the possibility of a negative balance in the Fund. E. It is expressly understood that WCIA shall not be required to advance its own funds to pay losses, allocated loss expenses or banking charges within the Deductible level, or to perform any services hereunder if KENT fails to provide adequate funds as herein set forth. F. Reimbursement of the Fund not received within ten (10) days of written notification will be charged a finance fee of 1%. III TERM This Memorandum shall become effective on January 1, 1993 and shall continue to be in force as long as KENT continues as a WCIA member participating in the Large Deductible program. IV GENERAL PROVISIONS A. WCIA shall continue to have full authority to negotiate and settle claims within KENT's deductible level, and up to WCIA coverage limits without prior approval from KENT. WCIA, where possible, shall review all claims with KENT prior to settlement. B. WCIA shall continue to have full authority to appoint and retain defense attorneys to defend KENT on any claim or lawsuit tendered to WCIA under this Memorandum and to control the defense of said claims or lawsuits. C., All claims and related files generated by WCIA as a result of its activity under this Memorandum shall remain at all times the property of WCIA. All such files will be available at WCIA offices for review and inspection by agents of KENT. D. It is understood and agreed by the parties that a claim has occurred when the incident, accident or event giving rise to the claim has occurred. The fact that the claimant may not report the claim until some subsequent time or that KENT might not report it to WCIA until some subsequent time does not change the meaning of when the claim occurred for purposes of this Memorandum. Any claim that occurs during a coverage year in which KENT is a participant in the Large Deductible program shall be administered and handled by WCIA per the provisions of this Memorandum. 2 Memorandum of Understanding 01/07/93 E. Nothing in this Memorandum changes, alters or relieves WCIA or KENT of their duties and obligations as set forth in the WCIA Interlocal signed by all member cities of WCIA, or the Bylaws, Joint Protection Program and Coverage Document that was approved by the membership. F. Any changes in deductible status or levels cannot be implemented until the conclusion of the calendar/fiscal/coverage year. G. KENT shall keep the Fund replenished until all claims covered under this Memorandum have been fully resolved or release WCIA from any further liability to administer, defend or pay said claims within the deductible layer. WASHINGTON CITIES INSURANCE AUTHORITY LE6RSI. LEIGH, cutiv irector bate CITY OF KENT Authorized Signature Date APPROVED AS TO FORM: Mark Bucklin, Authority Counsel kentoontl 3 Memorandum of Understanding This Memorandum of Understanding(Memorandum) is made and entered this day by and between the City of Kent, (KENT), and Washington Cities Insurance Authority, (WCIA) to clarify KENT and WCIA responsibilities under the WCIA Large Deductible program. KENT, as a current member of WCIA, has qualified and has exercised its option to participate in the Large Deductible Program and will maintain a $100,000 deductible level per occurrence. I CLAIMS ADMINISTRATION During the period or periods of KENT's participation in the Large Deductible Program, WCIA shall continue to represent and act for KENT in matters pertaining to the automobile, errors & omissions, police and general liabilities of KENT, including the following: A. Receive notice of and create files on each claim reported and maintain these files for KENT. Each claim file shall be maintained on a current basis to reflect liabilities, value, recommended disposition, and desirability of risk. B. Investigate all claims submitted to WCIA by KENT to determine their liability and settlement value. C. Request timely payment to WCIA, in accord with payment procedures established herein. KENT will be wholly responsible for providing payment as may be required for any claims assessed against it, up to $100,000 per occurrence, and/or in excess of or upon exhaustion of WCIA liability coverage. D. Maintain and provides KENT pertinent data on all claim payments. E. Promptly report to KENT the status of claims in a timely manner. II PAYMENT OF CLAIMS A. KENT shall at all times provide funds to WCIA adequate for the payment of qualified claims or losses and of allocated loss expenses within KENT's $100,000 per occurrence deductible to a Deductible Fund (Fund) managed by WCIA. For this purpose, allocated loss expenses shall mean all costs, charges or expenses of third parties, incurred by WCIA, its agents or its employees, which are properly chargeable to a qualified claim or loss including, without limitation, court costs, fees and expenses of defense attorneys, independent investigators, experts and witnesses, and fees for obtaining diagrams, reports, documents and photographs. B. The initial deposit to the Fund shall be $25,000, payable on or before January 31, 1993. WCIA will periodically analyze the sufficiency of this amount and may require KENT to adjust the deposit amount to more accurately represent cash flow demands placed upon the Fund. Memorandum of Understanding 01/07/93 C. WCIA will provide KENT with monthly reports detailing all expenditures charged to this Fund. KENT will have ten (10) working days from the date of this notification to reimburse the Fund to its required deposit level, as established in clause B above, by wiring funds to WCIA's bank account. D. In the event that the Fund is impacted by an unusually large volume of current or pending claims or expenses, and upon special notice from WCIA detailing the nature of this unusual demand and the amounts thereof, KENT will wire transfer the requested amount within ten (10) days to avoid the possibility of a negative balance in the Fund. E. It is expressly understood that WCIA shall not be required to advance its own funds to pay losses, allocated loss expenses or banking charges within the Deductible level, or to perform any services hereunder if KENT fails to provide adequate funds as herein set forth. F. Reimbursement of the Fund not received within ten (10) days of written notification will be charged a finance fee of 1%. III TERM This Memorandum shall become effective on January 1, 1993 and shall continue to be in force as long as KENT continues as a WCIA member participating in the Large Deductible program. IV GENERAL PROVISIONS A. WCIA shall continue to have full authority to negotiate and settle claims within KENT's deductible level, and up to WCIA coverage limits without prior approval from KENT. WCIA, where possible, shall review all claims with KENT prior to settlement. B. WCIA shall continue to have full authority to appoint and retain defense attorneys to defend KENT on any claim or lawsuit tendered to WCIA under this Memorandum and to control the defense of said claims or lawsuits. C. ; All claims and related files generated by WCIA as a result of its activity under this Memorandum shall remain at all times the property of WCIA. All such files will be available at WCIA offices for review and inspection by agents of KENT. D. It is understood and agreed by the parties that a claim has occurred when the incident, accident or event giving rise to the claim has occurred. The fact that the claimant may not report the claim until some subsequent time or that KENT might not report it to WCIA until some subsequent time does not change the meaning of when the claim occurred for purposes of this Memorandum. Any claim that occurs during a coverage year in which KENT is a participant in the Large Deductible program shall be administered and handled by WCIA per the provisions of this Memorandum. 2 Memorandum of Understanding 01/07/93 E. Nothing in this Memorandum changes, alters or relieves WCIA or KENT of their duties and obligations as set forth in the WCIA Interlocal signed by all member cities of WCIA, or the Bylaws, Joint Protection Program and Coverage Document that was approved by the membership. F. Any changes in deductible status or levels cannot be implemented until the conclusion of the calendar/ fiscal / coverage year. G. KENT shall keep the Fund replenished until all claims covered under this Memorandum have been fully resolved or release WCIA from any further liability to administer, defend or pay said claims within the deductible layer. WASHINGTON CITIES INSURANCE AUTHORITY "'Z� 4-:�2 1 LE VS t. LEIGH, )5xceutiW Director ate CITY OF KENT Authorized Signature Date APPROVED AS TO FORM: Mark Bueklin, Authority Counsel kentcont1 3 N Kent City Council Meeting Date February 16, 1993 �w Category Consent Calendar 1. SUBJECT: OVERLOOK APARTMENTS - PHASE B - BILL OF SALE 2 . '" SUMMARY STATEMENT: As Comm' cceptance of the bill of sale and warranty agreement submitted by Overlook Associates for continuous operation and maintenance of 623 feet of water main extension ) and 490 feet of sanitary sewer extension, in the vicinity of 1 S. 228th Street & 90th Way S. and release of bonds after / expiration of the maintenance period. 3 . EXHIBITS: Public Works Committee minutes, memorandum from Public Works Director and vicinity map 4 . RECOMMENDED BY: Public Works Committee (2-0 Jim Bennett absent but (Committee, Staff, Examiner, Commission, etc. ) approved placement on Consent Calendar) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X _ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3H 9 Overlook Apartments, Phase B Gill explained that this was a standard action of moving an item forward fr lities and road installedoby as private developer for l improvements the Overlook Apartments. Committee unanimously agreed to recommend Council acceptance of the bill of sale. Traffic signal at S Central/S. 259th Gill stated that bids were opened on January 29th and we received the low bid of $97 , 000. 00. This is within the budgeted funds we have allocated for this project and we would like to move it forward for Council award. stated will have aelesscause we received a low id effective light installed. this does Gill reassured Mann that as the bid summary indicates, there was only a $9 , 000 spread between the high and low bids. Committee unanimously agreed to recommend Council acceptance of the bid of $97, 000. 00 . Channel Repair Along 64th Ave South Gill stated that we received the low bid of $96, 855. 23 . This is part of the LID 330 project which was the construction of 64th Avenue from Meeker St to S. 212th Street. This project is the reconstruction of a portion of the major drainage channel running along the west side of 64th Avenue where there have been slope failures. Committee unanimously agreed to recommend Council acceptance of the bid of $96, 855 .23 4 DEPARTMENT OF PUBLIC WORKS JANUARY 289 1993 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM RE: OVERLOOK APARTMENTS, PHASE B Overlook Associates, the developer of Overlook Apartments, Phase B has completed the water, and sewer improvements for this plat. The Overlook improvements are in the vicinity of S. 228th St. & 90th Way South. We recommend the Bill of Sale be accepted and bonds released after the one year maintenance period. ;0[�N w- u~i •� 3S 3Atl -. N N ~ m a J .�sOr F=- N � 3S so P� S ld 3S N N H1SOt y� 3Atl N N a N Na N rPy�3,1b, SF' H1SAT IAVN H1S0[ N m m ti� W W' W 3S 3AV H1SOt N Sol / N H1SOI y w - _ YOt 3g W ld H140[ _ m � 3g r- 3AV H140I r = F N N 34 ld aNSOl ]W. vw0•if0 m N 3S 3AY <W l . 1 BPDZ)IJJDB" QNZOl iz Wo •ry m 3AV H100t CO oc■ 3S 3AV 1\ Co HlO4t ? N i 3S= X "t % .. O y N H (3^d) N N S 3AV H166 ` m a. ��- •'�� S 3AY H186 i_ i� N' A!!tl BMYM S a _ N $ m S S 3AV H196 13 of N F y .e}• V N m — -- S 3AV H116 S 3AV H1f6 I F K N N h S 3AT OME6 1 ( - s Id (INz6 OOv 3AY —-- _ 3AV dO1111H 11; m 3AV OilOAltl _ =J k, v N Tt �Ato) ~ c H m S 3AYMISS W H188 =; 3Atl VLON3I HZY % N Z m ONd N CoeW~ N S 3AV ~ 3AV S F pM) z S Id+ H199 W 3AVY1p NOSYf _ H198 `> a O N , ■Q d 3AV HNVIO 1 N ^ 03 m Q � llII 4 d v CV (+l S 3AV HltB • ,�:; AY OMOJOpOM N N J°i�K J m D J b •�.r4z=:� ¢ m 3AY ZIO< m Q / Q ..7 1S mlizzLa w S Y ::•s! Q Y1SN Y�V�m N C Z `_ 3AY lVil1N30 N a Z m 3" OYC l N8 3AY 1Sl y N W .,?.>' 3AV 3AV 3AV ONZ 00 0 4NZ N ;8 swv,N�y =<'I rm 3" OHS N ;-}-J D 3AY HIS, N 3AV 3 t 3" HIS N m N N 3AV H19 H 1 Y . Kent City Council Meeting /y Date February 16, 1993 Category Consent Calendar 1. SUBJECT: ZONING CODE AMENDMENT (ZCA-92-1 ) 2 . SUMMARY STATEMENT: Adoption of Ordinance amending Section 15.04 of the Kent Zoning Code to permit multifamily residential use as a conditional use in non-residential zones only in connection with mixed use development proposals+,�and to amend Section 15.02 of the Kent Zoning Code to include a new definition of mixed use development. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Cnnnril?Ct] On 11 /17/92 (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCALIPERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3I J( I� ORDINANCE NO. ij •) AN ORDINANCE of the City of Kent, Washington, amending Chapter 15. 04 of the Kent Zoning Code to permit multifamily residential use as a conditional use in non-residential ji zones only in conjunction with mixed use development proposals, and amending Chapter 15.02 of the Kent Zoning Code to include a new definition for mixed use development. WHEREAS , the Kent City Council has a long-standing record of concern regarding the effects of rapid and unchecked growth of multifamily residential use in the City of Kent; and WHEREAS, this concern prompted the City Council Planning Committee to request that the Planning Commission review the zoning code and consider whether to eliminate multifamily residential use as a conditional use in non-residential zones ; and WHEREAS, the Planning Commission held workshops on this request on Apri1' 13 , 1992 , and again on June 8 , 1992 , to consider 'ithe impacts and alternatives of eliminating multifamily residential use as a conditional use in non-residential zones; and WHEREAS, at its public hearing on September 28, 1992 , the ilPlanning Commission voted to recommend that the zoning code be ; changed to allow multifamily residential use as a conditional use in certain non-residential zones, but only when in a mixed-use Idevelopment proposals; and ,I Ij i II, I� i; 11 ' WHEREAS, the City Council considered the Planning I ,,Commission recommendation on November 17, 1992, and concurred with 'ithe proposed modifications to the zoning code; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Kent City Code (KCC) Chapter 15. 02 is amended by adding thereto a new sub-section to be read as follows: Section 15. 02 . 260. MIXED USED DEVELOPMENT Mixed use development shall mean two or more permitted uses or conditional uses developed in conjunction with one another on the same site. Section 2 . Kent City Code (KCC) subsection 15. 02 . 26U is hereby renumbered as 15. 02 . 262 which reads as follows: Section 15 .. 92 . 269 . MoB=13E HGME 15. 02 . 262 . MOBILE HOME A factory constructed residential unit with its own . independent sanitary facilities, that is intended for year round occupancy, and is composed of one or more major components which ..are mobile in that they can be supported by wheels attached to !.their own integral frame or structure over the public highway under trailer license or by special permit. Section 3 . Kent City Code (KCC) sub-section 15. 04 . 100 (D) (as amended by Ordinance No. 2801 § 6, as amended by ;Ordinance No. 2807 § 1, as last amended by Ordinance No. 2958 § 12) 'lis hereby amended as follows: i 2 i I II I I � 1 �I. D. Conditionally Permitted Uses I! 1. General Conditional Uses as listed in Section 15. 08 . 030. i 2 . Apartmen i i'Multif mily residential use shall be Permitted as a Conditional use only when included within a mixed use development. 3 . Auto repair facilities. 4 . Mini-warehouses. Provided: t h a t t h e following development standards shall apply for mini-warehouses, superseding those set out in 15. 04 . 100 (E) , below. a. Frontage use reserved: The first 150 feet of lot depth (measured from the property line or right of way inward from the street frontage) shall be reserved for principally permitted uses for this district, defined by the provisions of 15 . 04 . 100 A-1, and/or for office/on site manager' s unit, signage, parking and access. A maximum of 25% of the frontage may be used for access to the storage unit area, provided that: In no case shall the access area exceed 75 feet in width. No storage units/structures shall be permitted within this 150 feet commercial frontage depth. b. Lot Size. Minimum: - 1 acre Maximum: - 4 acres C. Site Coverage. Underlying zoning district ' requirements. d. Setbacks. Front Yard - 20 feet Side Yard - 10 feet Rear Yard - 10 feet e. Height limitations. One story in height. f. Outdoor Storage No outdoor storage is 'permitted. 3 ICI III i I% g. Signs. The sign requirements of Chapter I I .115. 06 shall apply. h. Off Street Parking. 1. The off-street parking requirements of 15. 05 shall apply. 2 , off-street parking may be located in required yards except in areas required to be landscaped. i, Development Plan Review. Development plan , approval is required as provided in section 15 . 08 . j . Landscaping. Front-Yard - 20 feet: Type III (earth berms) Side-Yard - 10 feet: Type II abutting commercial , Type I abutting residential uses or districts. Rear Yard - to feet: Type II abutting commercial uses or districts, Type I abutting residential uses c- districts. Note: For maintenance purposes, underground irrigation systems shall be provided for all landscaped areas. k. On Site Managers. A resident manager shall be required on the site and shall be responsible for maintaining the , operation of the facility in conformance with the conditions of the approval . The Planning Department shall establish requirements for . parking and loading areas sufficient to accommodate the needs of the resident manager and the customers to the facility. 1. Drive Aisles . Drive aisle widths and parking requirements are as follows: a. 15 foot drive aisle and 10 foot parking ;i aisle. b. Parking for manager' s quarters and visitor i sparking. i ,i 4 I, l � i i ii i M. Building Lengths. The horizontal dimension of ' any structure facing the site shall be offset at intervals not to jjexceed 100 feet. the offset shall be no less than 20 feet in the ;! horizontal dimension, with a minimum depth of 5 feet. n. Material Used. If abutting a residential use or zone, residential design elements such as brick veneer, wood siding, pitched roofs with shingles, landscaping and fencing. No '! uncomplimentary building colors should be used when abutting a residential use or zone. o. Prohibited Uses. Restrict use t "dead storage" only. Specifically prohibit the following: i. Auctions (other than tenant lien sales) , commercial, wholesale, or retail sales, or garage sales. ii. The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances or other similar equipment. iii. The operation of power tools, spray painting equipment , table saw, lathes, compressors, welding equipment, kilns or other similar equipment. iv. The establishment of a transfer and storage business. V. Any use that is noxious ' or offensive , because of odor, dust, noise, fumes, or vibration. vi. Storage of hazardous or toxic materials and chemicals, or explosive substances. P. Fencing. No razor wire allowed on top of ; fences. 5. Group Homes Class II-1A, II-B, II-C and III . 5 i� i i 1�I i Sect_ ion 4 • Kent City Code (KCC) sub-section I15. 04 . 150 (C) (1) (as amended by Ordinance No. 2958 § 17) is hereby !! amended as follows: C. Conditional Useent ever tewnheu-ss. 1. jjaitif . I' multif inily residential use shall be permitted as a conditional use only when included within a mixed use development. 2 . Mortuaries . 3 . Beauty and barber services 4 . Tanning Salons. 5. Nail manicuring services. 6. General Conditional Uses as listed in Section 15. 08 . 030. Section 5. Kent City Code (KCC) sub-section 15. 04 . 195 (C) (2) (as amended by Ordinance No. 2850 § 1) is hereby amended as follows: C. Conditional Uses. 1. Gasoline service stations, automobile repair (excluding auto body repair) and car washes. 2 . , a , r Seetlen 15 . 9 95^ Multifamily residential use shall be permitted as a conditional use only when included in a mixed use development. Section 6. Severability. The provisions of this ordinance are declared to be separate and severable. The ''. invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the ; application thereof to any person or circumstance shall not affect i� 6 ,i i i !i I I I i ! the validity of the remainder of this ordinance, or the validity of ! !fits application to other persons or circumstances. I 'I II Section 7 . Effective Date. This ordinance shall I take effect and be in force (30) thirty days from the time of its ! final passage as provided by law. i' DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of 1993 . APPROVED the day of , 1993 . PUBLISHED the day of , 1993 . i I, !I I' I I! 7 II ', ; i it n II i it i I hereby certify that this is a true and correct copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK mfres.ord i ;I I I! N Kent City Council Meeting \' Date February 16 1993 Category Consent Calendar v 1. SUBJECT: ZONING CODE AMENDMENT - SIGN REGULATION (ZCA-92-2) 2 . SUMMARY STATEMENT: Adoption of Ordinance amending Section 15.06 of Kent Zoning Code to add a definition for on-premise sandwich board signs, and to amend Section 15..06 to permit retail uses in the M-1 District to utilize up to two signs to identify themselves. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: rnnnril Art-ion 1111719 (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3J ►� ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, amending Chapter 15. 06 of the Kent Zoning Code to add a definition for on-premise sandwich board signs, and to amend Chapter 15 . 06 to permit retail uses in the Ml district to utilize up to two sandwich board signs to identify themselves. WHEREAS , the City of Kent maintains a regulatory review process wherein citizens may request, and the Council may endorse, amendments to the City' s Zoning Code; and WHEREAS, a regulatory review request was filed by citizens in March of 1992 , which proposed broad changes to the City' s Zoning Code regulation of "sandwich" board signs; and WHEREAS , this original request was subsequently modified by the applicants in June 1992 to more narrowly focus on changes to the sign regulations in the M-1 zone for retail use; and WHEREAS, The Planning commission considered the revised regulatory review request and found the proposed changes to be compatible with the purposes of the M-1 zone; and WHEREAS, the Planning Commission held a public hearing on September 28 , 1992 and voted to recommend that the Zoning Code be changed to allow; and WHEREAS, the City Council considered the Planning Commission recommendation on November 17 , 1992 and concurred with the proposed changes to the sign regulations; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Kent City Code (KCC) sub-section 15. 06. 040 (as amended by Ordinance No. 2486 ) is hereby amended as follows: A. Signs In Street Right of Way or Future Street Right of Way No sign shall be located in or project into the present or future right of way of any public street unless such locations or projection is specifically authorized by other provisions of this section. B. Signs Interfering with Sight Distance No sign shall be so constructed as to interfere with the sight distance of motorists proceeding on or approachi adjacent streets, alleys, driveways, or parking areas, or of pedestrians proceeding on or approaching adjacent sidewalks or pedestrian ways. C. Signs Over Driveways No sign suspended over or projecting into the area above a driveway located on private property shall be situated at a height of less than fifteen ( 15) feet above the surface of the said driveway. D. Signs Over Public Sidewalks and Pedestrian Ways No sign suspended over or projecting into the area above a public sidewalk or pedestrian way shall be situated at a height of less than eight and one-half (8-1/2) feet above the surface of the said sidewalk or pedestrian way and no sign may project more than 75 percent of the distance between the property 2 line and the curb line except for signs attached to the underside of a canopy or other architectural projection. E. Directional Signs Directional signs and signs indicating entrances, exits, service areas and parking areas shall be excluded from the sign provisions of this code, and may be erected on private property upon approval of the Building Director, Traffic Engineer and Planing Director. These signs shall not contain advertising or promotional information and may be restricted in size. F. closure of Business Upon the closure of business and vacation of business or activity, the owner of said business or activity shall have one hundred twenty (120) days from the date of closure to remove all signs related to said business or activity. G. Window Signs Such signs shall be considered as a sign and computed as part of the aggregate sign area and number of signs. Any painted-over window shall be considered as a wall. The following signs, if used in the specified manner, are not computed as part of the aggregate sign area and do not require a permit: 1 . Decals indicating credit cards honored. 2 . Banners or posters on inside of windows-- such signs may be used in conjunction with national advertising programs, or as weekly marketing specials, or as decorations customary for special holidays. H. Painted Signs Signs painted on exterior wall, window, or structure of any kind shall be computed as part of the aggregate sign area and number of signs. 3 I. Barber Poles In addition to any other signs authorized by the provisions of this chapter, any barber shop shall be entitled to display a barber pole. The design of the pole, its location and manner of erection shall be subject to the approval of the Building Director. J. Credit Cards Honored Signs indicating credit cards honored may be displayed in window areas only. Such signs are not computed as part of the aggregate sign area and do not require a permit. K. Institutional Signs For churches, schools, hospitals, public facilities, and institutional uses, one double-faced, free-standing or wall identification stand is permitted for each street frontage. Such sign may have an aggregate area of one (1) square foot f, each ten (10) lineal feet of street frontage. The sign may be illuminated. Free-standing symbols of sculpture used as identification may be permitted with approval of the Planning Department. Wall signs, lettering or symbols may also be approved by the Planning Department. L. Gate of Fence Entrance Sian Gate or entrance signs may be permitted,and may be located in public rights of way, if approved by the Planning Department. M. Community Bulletin Board Subdivisions and residential communities may be allowed to erect a permanent structure as a community bulletin board if approved by the Building and Planning Directors. N. Hour signs Signs stating business hours shall be excluded from the provisions of this code, and may be erected on private 4 property upon the approval of the Building Director and Planning Director. These signs shall not contain advertising or promotional information. Maximum number permitted shall be one (1) per entrance, maximum size four (4) square feet. O. Non-advertising and promotional signs may be erected as a [public service to the community by public service clubs or other nonprofit organizations. Such signs may be located in any zone upon approval by the Building and Planning Directors. P. Real Estate Signs Real estate signs are permitted as follows. No sign permit is required. 1 . Residential uses a. Single family dwellings and duplexes: One (1) real estate sign shall be permitted for each street frontage of a lot. Said sign may have two (2) faces, shall not exceed a height of five (5) feet above the surface of the street unless placed in a window, shall not exceed an area of four square feet per face, and shall be unlighted. b. Multiple family dwelling: One (1) real estate sign shall be permitted for each street frontage of development. the said sign shall not exceed an area of twelve (12) square feet, shall be attached flat against a principal building, shall not project above the eave of the roof or the top of the parapet of the said building and shall be unlighted. 2 . Commercial and industrial uses. One (1) real estate sign shall be permitted for each public entrance but there shall not be more than four (4) signs per lot. The said sign shall not exceed an area of eight (8) square feet, shall be attached flat against the building or free-standing, shall not project above the eave of the roof or the top of the parapet of the said building and shall be unlighted. 5 3 . Unimproved acreage. One (1) real estate sign shall be permitted for each lot. the sign shall not exceed an area of one-fourth (1/4) of a quare foot for each foot of lot frontage and shall not exceed a height of ten (10) feet above the surface of the nearest street and shall be unlighted. Q. Temporary Signs Temporary signs may be authorized by the Planning Department for a time period specified for each type of temporary sign. 1. Temporary subdivision or apartment signs. A temporary real estate sign declaring a group of lots, dwellings, or occupancies within a subdivision or apartment complex for sale or rent shall be permitted subject to the following conditions: a. One (1) such sign shall be permitted for each street frontage of the premises being sold or leased. T' said sign shall be located on the premises being sold or leased. b. The area of said signs shall not exceed an area of twenty-five (25) square feet each. C. Said signs shall not exceed a height of ten (10) feet above the level of the street. d. Said signs .shall be unlighted. e. Said signs shall not interfere with the sight distance of pedestrians and motorists proceeding on or approaching adjacent streets. f. Said signs may remain as long as the project remains unsold or unleased, or for one (1) year, whichever period shall be lesser, provided, however, that the Planning Director shall have the authority to extend the time period one (1) year. 2 . Nonpolitical campaign signs. Temporary nonpolitical signs announcing a campaign, drive or event of a 6 civic, philanthropic, educational or religious organization may be allowed upon any lot. Such signs may be posted thirty (30) days prior to the event, drive, campaign, etc. All such signs shall be collectively subject to the fifty (50) dollar deposit. Such signs shall be removed within seven (7) days after the event, drive, campaign, etc. 3 . Construction signs. One (1) sign identifying a project under construction shall be permitted for each street frontage of the building or structure under construction. The said sign may contain the name of the building contractor and his subcontractors, the architect, and the engineer. The said sign shall be permitted during the period of construction and not exceed fifty (50) square feet total of all faces. 4 . Grand openings and special events signs. Special permits may be issued by the Planning Department for a period not to exceed thirty (30) days for banners, streamers and temporary or portable signs for special events such as carnivals, outdoor affairs and sales, grand openings and events of a similar nature. R. Off-Premise Signs 1. Not more than four (4) sign structures per one thousand (1000) lineal feet are permitted. 2 . Off-premise signs are permitted in M1, M2, and M3 districts. They are not permitted in any other district. 3 . Standards a. Maximum size: 300 square feet. b. Maximum height: 35 feet. C. Distance form any intersection: 300 feet. 7 d. back to back and V-type sign structures shall be considered one sign structure. S . Portable A Frame Sandwich Board Sicans 1. A portable A frame or similarly designed sign which is no greater than 36" wide x 42" tall . a. Not more than two (2) sandwich board signs may be utilized by retail uses in the M1 districts They are not permitted in any other districts. b. Portable a frame sandwich board suns are permitted to be placed on the business premises. C. Portable a frame sandwich board signs laced on the business Premises shall be in lieu of portable signs laced on the public right-of-way. d. The PlanningDepartment shall devel procedures for processing such sign a lications. Section 2 . Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. 8 Sect_ 3 . Effective Date. This ordinance shall take effect and be in force (30) thirty days from the time of its final passage as provided by law. DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of , 1993 . APPROVED the day of 1993 . PUBLISHED the day of 1993 . I hereby certify that this is a true and correct copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK sign.ord 9 t Kent City Council Meeting lJ."/� 1)�„ Date February 16 1993 CCategory Consent Calendar 1. SUBJECT: ZONING CODE AMENDMENT- RECREATIONAL VEHICLE PARKS 2 . SUMMARY STATEMENT: Adoption of Ordinance " � amending Zoning Code Section .15.04. 140 (D) by adding Recreational Vehicle Parks as a conditional use in the GC zoning district/, -and amending the Recreational Vehicle Park Code by adding the GC (General Commercial) zone to the list of districts which allow Recreational Vehicle Parks as a conditional use. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Council Action 11Z17/92 (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION- Council Agenda Item No. 3K X ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, amending Section 15. 04 . 140 (D) by adding recreational vehicle parks as a conditional use in the GC zoning district; and amending Section 12 . 06 . 070 to include a new subsection. WHEREAS, the City of Kent maintains a regulatory review process wherein citizens may request, and the City Council may endorse amendments to the City ' s Zoning Code; and WHEREAS, a regulatory review was filed by in 1990 which proposed that recreational vehicle parks permitted in the GC zone; and WHEREAS, the Planning Commission reviewed the proposed regulatory change and found that recreational vehicle parks could be a compatible land use in the GC zone; and WHEREAS, the Planning Commission held a public hearing on October 26, 1992 , and voted to recommend that the Zoning Code be changed to allow recreational vehicle parks by conditional use permit in the GC zone; and WHEREAS, the City Council considered the PC recommendation on November 17 , 1992 , and concurred with the proposed modifications to the GC zone; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Kent City Code (KCC) sub-section 15. 04 . 140 (D) (as amended by Ordinance No. 2801 § 10; Ordinance No. 2808 §6 ; Ordinance No. 2832 §2 , and Ordinance No. 2958 §16) is hereby amended to add a new section 15. 04 . 140 (D) (7) to be read as follows: D. Conditional Uses. Conditional Uses are as follows: 1. Printing and publishing establishments, and accessory uses and buildings customarily appurtenant to such use. 2 . Mini-warehouses and self-service storage. 3 . General conditional uses as listed in section 15. 08 . 030, except for transitional housing with a maximum of twenty (20) residents and four (4) staff. 4 . Kennels. 5. For permitted uses, accessory hazardous substance land uses which are not subject to clean-up requirements of Chapter 11. 02 and which accumulate more than ten thousand (10, 000) pounds of hazardous substances or wastes or any combination thereof at any one time on the site or which handle than twenty thousand (20, 000) pounds of hazardous substances and wastes on the site in any thirty-day period of time, subject to the provisions of section 15. 08 . 050, except off-site hazardous waste treatment or storage facilities, which are not permitted in this district. 6 . Group homes class I-A, I-B, I-C, II-A, II-B, II-C and III . 7 . Recreational vehicle barks. 2 Section 2 . Kent City Code (KCC) sub-section 12 . 06. 070 (as amended by Ordinance No. 12 . 06. 220 (B) is hereby amended to add a new section 12 . 06. 070 (G) to be read as follows: Section 32 . 06 . 070. Application procedures. A. Existing mobile home park zones. 1. The first step in preparing an application for a recreational vehicle park involves early informal discussions with appropriate city departments to obtain details of city requirements and some idea of the feasibility of his proposal prior to the actual submission of development plans. 2 . The second step involves the preparation and submission to the planning department of a preliminary development plan of the proposed recreational vehicle park. The plan shall be reviewed by the applicable responsible departments and any comments and/or required corrections resulting from this review shall be provided to the developer. 3 . The third step involves the preparation and submission to the planning department of a final development plan. This plan shall be reviewed by the responsible departments for compliance with their requirements and if approved shall serve as the basis for the issuance of all permits and licenses. 4 . Residential zoned property not presently zoned for mobile home park use. Recreational vehicle parks may be located in any residential district when recreational vehicle park combining district regulations and development plans are approved for that location. The procedure for approval of a recreational vehicle park combining district requires a public hearing before the hearing examiner and a second public hearing before the city council together with city council approval . 3 B. The application for a recreational vehicle park involves early informal discussions with appropriate city departments to allow a developer to obtain details of city requirements and some idea of the feasibility of his proposal prior to the actual submission of development plans. C. The preliminary development plan of the proposed recreational vehicle park together with an application for a combining district shall be submitted to the planning department. Application forms for a combining district are available in the planning department office. The preliminary development plan and application for a combining district must be submitted to the planning department at least twenty-five (25) days prior to the date the developer intends to be heard before the hearing examiner. A fee of fifty dollars ($50. 00) plus one dollar ($1. 00) for each lot shall be paid at the time of application. Within two (2) days_ of receipt of the application the planning department shall set a time and date for a preliminary plan meeting between the developer and the responsible departments. The comments resulting from the preliminary plan meeting, as well as any written comments received by the planning department, shall be considered in preparing the staff recommendation to be presented to the hearing examiner. D. The planning department shall give written notice of the hearing examiner public hearing to all property owners within a radius of two hundred (200) feet of the exterior boundaries of the property being subject of the application. Public notice shall also be posted in three (3) conspicuous places on or adjacent to the property which is the subject of the application at least ten (10) days prior to the date of the public hearing. Following the public hearing, the hearing examiner shall make a report of 4 findings and recommendations with respect to the proposed combining district and shall forward such to the city council. The city council shall hold a public hearing within thirty (30) days of the date of the public hearing. If the application for a recreational vehicle combining district is denied by the city council , the application shall not be eligible for resubmittal for one (1) year from date of denial , unless specifically stated to be without prejudice. A new application affecting the same property may be submitted, if in the opinion of the hearing examiner circumstances affecting the application have changed substantially. E. The final development plan shall then be submitted to the planning department. This plan shall be reviewed by the responsible departments for compliance with their requirements and if approved shall serve as a basis for issuance of all permits and licenses. F. Any combining district shall remain effective only for one (1) year unless the use is begun within that time or construction has commenced. G. General Commercial Zone Recreational vehicle parks shall be permitted as a conditional use in general commercial zoned districts Pursuant to subsection 15 04 140 (D) (7) and shall be subject to the development standards and procedural requirements of this chapter. Section 3 . Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the 5 application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4 . Effective Date. This ordinance shall take effect and be in force (30) thirty days from the time of its final passage as provided by law. DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of 1993 . APPROVED the day of 1993 . PUBLISHED the day of 1993 . 6 I hereby certify that this is a true and correct copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK recveh.ord 7 V f�' pv ,_. Kent City Council Meeting Date February 16, 1993 1 � Category Consent Calendar 1. SUBJECT: KENT SPRINGS TRANSMISSION MAIN - DISTRIBUTION LINE (114TH & 274TH) 2 . SUMMARY STATEMENT: Authorization to initiate a Charge in Lieu of Assessment for new customers connecting to the distri- bution line along 114th Avenue S.E. and along S. E. 274th Street. This 10" line was constructed during an earlier phase of the transmission main reconstruction. With the recent phase just now being completed, this main can now be utilized as a distribution main to serve the customers in this particular area. 3 . EXHIBITS: Public Works Committee Minutes, memorandum from Public Works Director and vicinity map 4 . RECOMMENDED BY: Public Works Committee (2-0 Jim Bennett absent but (Committee, Staff, Examiner, Commission, etc. ) approved placement on Consent Calende 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 Li DISCUSSION: ACTION• Council Age da Item No. 37 PUBLIC WORKS COMMITTEE FEBRUARY 31 1993 PRESENT: JIM WHITE TONY McCARTHY PAUL MANN MR & MRS RUST TOM BRUBAKER JOHN KEIFER GARY GILL JOHN STREICH TIM LA PORTE ABSENT: JIM BENNETT Vehicle Auction Gill stated that the auction results are an information item and that Tim Heydon felt the prices obtained at the auction were very good, considering the condition of the vehicles. Committee concurred. Kent Springs Transmission Main Distribution Main (114th & 274th) Gill explained that in mid-1980 ' s we had problems with the old Kent Springs transmission main and the section between 114th and 108th was totally abandoned in conjunction with an improvement project where we reconstructed the transmission main from 274th to the Guiberson St. Reservoir. In order to continue feeding this system, Public Works constructed a 10" line along 114th Ave. and along S.E. 274th St. and that connected back into the transmission main. It was acknowledged at that time, that in the future when we were able to reconstruct that portion of the transmission main between 132nd Ave S.E. at SR 156, and 108th Ave S.E. at S.E. 274th St. , we would be able to use this 10" line as a distribution line to serve the customers in this particular area. Until such time, it would be a transmission line only. Gill further stated that the construction of the Kent Springs Transmission Main Phase II project is now complete, with the cost totally paid for by the City as part of the Water Utility. This enables the City now to use the 10" line as part of its distribution system. Gill explained that the proposal here is now to impose a charge in lieu of assessment on the abutting properties that would eventually connect to the water main. The proposed charges are based on the actual construction costs that the City incurred. Gill stated that the charge will be only for new customers connecting to the line. Based on actual construction costs, the charge would be $16 .71 per front foot. This would be payable only upon connection to the system. This charge is recouping the actual costs that the City incurred in constructing the waterline. 1 In response to John Kiefer' s question as to whether he would be charged this fee of $16 .71, or to develop it ill stated that if n anyhway ort platted his five acre piece, o which requires a connection to the 10" line, then the charge would be added to the water meter permit fees. Committee agreed to recommend that Council authorize Public Works to establish a charge in lieu of assessment on the distribution main. DEPARTMENT OF PUBLIC WORKS 7ANUARY 13, 1992 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM RE: KENT SPRINGS TRANSMISSION MAIN PHASE II The Kent Springs Transmission Main Phase II is near completion and as a result, the watermains on 114th Ave S.E. and on S.E. 274th St. need to be converted to a distribution main. As such, we are asking for Council authorization to initiate a charge in lieu of assessment against those properties fronting the new distribution main. SE 266TH ST. 1 14 I IUunuuuuulr BOUNDARY w nuu uuuuuu u..nu N I _ .,r _/0" WATER MAIN _ N SE 267TH ST. Li a I w N N 268TH ST. Li Li = pR SQUAB TUp Div. s I ' N SE 5C 1 269TH a SQUA II TUp piV — A SE 270TH ST. F TUDOR SQUARE V. 111 Lo 04 I -€ ' N J c I m N I i N ECHO GLEN HTS. (n U� SE 29-22-5 -- -- NE 32-22-5 N ELo N N N N N M > - -' a � I z - EZ _ a 0 SE 274TH ST. _ — rrmilslglrffmlrwriFrrnmtylrm • w F r � > a I mall MEN u -- 11 _ t' LrnyrrJ VC MEMORANDUM TO: DAN KELLEHER, MAYOR n FROM: JUDY WOODS, CITY COUNCIL PRESIDENT DATE: FEBRUARY 16, 1993 ✓ SUBJECT: CITY COUNCIL EXCUSED ABSENCE I would like to request an excused absence from the February 16, 1993 City Council meeting. Thank you for your consideration. JW:jb ^h Kent City Council Meeting Date February 16, 1993 �( Category Other Business 1. SUBJECT: ZONING CODE AMENDMENT (ZCA-93-1) - SINGLE FAMILY RESIDENCES IN THE CM ZONE 2 . SUMMARY STATEMENT: After consideration at their January 25, 1993 , meeting, the Planning Commission has recommended permit- ting new single family residences as a principally permitted use in the CM (commercial manufacturing) zone. ; i' 8: Memo and Planning Commissi4 Minutes, 1/25/93 3 . EXHIBITS: � 1 i 4 . RECOMMENDED BY: Plannin Commissi (Committee, Staff, Examiner, C , mission, etc. ) 5. UNBUDGETED FISCAL PERSONNEL MPACT! N0 _ YES FISCAL/PERSONNEL NOTE: Reco ended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: /l li movj, << Councilmember seconde to approve new single family residences as a principally permitted use in the CM (commercial manufacturing) zone, as recommended by the Planning Commission, . DISCUSSION• -- _ 7 ACTION: Council Agenda Item No. 4A JC CITY OF CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM February 16, 1993 MEMO TO: DAN KELLEHER, MAYOR AND CITY COUNCIL MEMBERS FROM: FRED N. SATTERSTROM, PLANNING MANAGER SUBJECT: PROPOSED ZONING CODE AMENDMENT (#ZCA-93-1) - SINGLE FAMILY RESIDENCES IN THE CM ZONE On January 25, 1993 , the Planning Commission voted to recommend a zoning code amendment that would permit new single-family residences as a principally permitted use in the CM (Commercial Manufacturing) zone. The proposal originated from a regulatory review application filed by Mr. David Carter in 1992 . Pursuant to regulatory review procedures, the Planning Commission held a workshop on the proposed amendment on January 11, 1993 and a public hearing on the matter on January 25, 1993 . The Planning Commission found that the proposed code change was appropriate in light of recent city policy relating to encouraging single family residential use as well as mixed use development. Planning Commission Recommendation: Specifically, the Planning Commission recommends that Sections 15. 04 . 120 (A) and 15. 04 . 130 (A) of the Kent Zoning Code be modified to allow the construction of new single family residences as a principally permitted use in the CM-1 and CM-2 zones. FS/mp:a:carter.rr Attachments cc: James P. Harris, Planning Director KENT PLANNING COMMISSION MINUTES January 25, 1993 The meeting of the Kent Planning Commission was called to order by Chair Martinez at 7: 00 pm on January 25, 1993 in the Kent City Hall, Chambers West. PLANNING COMMISSION MEMBERS PRESENT: Linda Martinez, Chair Gwen Dahle Kent Morrill Kenneth Dozier Raymond Ward PLANNING COMMISSION MEMBER ABSENT: Christoper Grant Albert Haylor Edward Heineman, Jr. PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Chris Holden, Recording Secretary APPROVAL OF OCTOBER 26 , 1992 MINUTES The MOTION was made to accept the October 26, 1992 minutes as presented. The motion was SECONDED. Motion CARRIED. REQUEST FOR A REGULATORY REVIEW: SINGLE-FAMILY RESIDENCES IN THE CM, COMMERCIAL MANUFACTURING. ZONE - #ZCA-93-1 Fred Satterstrom, Planning Department, gave a brief summary of the requested Zoning Code Amendment. The businesses already located in the CM zones would not be detrimentally impacted if single-family residences were allowed to be constructed. Mr. Satterstrom commented this amendment would also meet City Council objectives of promoting single-family residential uses in the City. The Planning staff is recommending approval of this request. David Carter, applicant, commented he plans on developing his property as a tool and die business with a residence above the business. Mr. Carter felt this would enhance the area as well as provide security for the business. He expressed the opinion that this type of mixed-use development could encourage other businesses to move in the area who would need the same type of mixed use. Bob Halstead commented he lives in a neighborhood that allows both business and residential uses. Mr. Halstead opined that businesses and residences can support one another in the same neighborhood. MOTION made to close the public hearing. Motion SECONDED. Motion CARRIED. Commissioner Ward MOVED to change Section 15. 04 . 130 A (7) of the Zoning Code to allow new single-family residences to be constructed in the CM, Commercial Manufacturing, zone as a principally permitted use. Motion SECONDED. Motion CARRIED. Chair Martinez remarked this matter will be forwarded to the City Council on February 16, 1993 for final approval. ADJOURNMENT A MOTION was made, SECONDED and CARRIED to adjourn the meeting. Respectfully submitted, J P. Harris, Secretary JPH/ch:a:pncmin1. 25 Kent City Council Meeting Date February 16. 1993 Category Other Business 1. SUBJECT: CATHOLIC COMMUNITY SERVICES (CCS) - 1993 FUNDING 2 . SUMMARY STATEMENT: The Human Services Commission has recommended reallocating $7, 000 which was granted to the CCS Housing for the Homeless Men' s Project, to the CCS Emergency Severe Weather Shelter Program. This item was scheduled for discussion at the February 2nd Planning Committee Meeting, but the meeting was cancelled due to lack of a quorum. Because this is a time-sensitive item, it is coming to the full Council from the Planning Committee on the same day as theme meeting. 1T -4r dot � s 3 . EXHIBITS: Memo 4. RECOMMENDED BY: Human Services Commission Planning Committee, Council President (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7 CITY COUNCIL ACTION: Counc i lmember— A/ _moves, Councilmember seconds'`' �e to approve the reallocation of $7, 000 from the ingle Men' s ( , J Shelter Program to the CCS Emergency Severe Weather Shelter Program. DISCUSSION• ACTION• Council Agenda Item No. 4B k CITY OF �ILI�t2�� CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 d�tM5r� MEMORANDUM February 16, 1993 TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: LIN BALL, HUMAN SERVICES MANAGER SUBJECT: CATHOLIC COMMUNITY SERVICES (CCS) - 1993 FUNDING In 1992 , $17 , 000 was allocated to CCS Emergency Severe Weather Shelter Program. In 1993 this allocation was split, putting $7, 000 in the new Housing for Homeless Men Program, and keeping $10, 000 in the Emergency Severe Weather Shelter Program. The rationale behind this was that this new program will serve a population currently served in the Severe Weather Shelter Program. At the time CCS applied for funding from the City for the single men's housing the opening date was targeted for May of 1993 . Three of the four funding pieces needed for the project have been secured. The fourth funding piece, federal funding, was not acquired in the last funding round. Without the federal funding the project cannot open in 1993 . CCS is reapplying for this funding in the spring of this year with hopes to now open the housing in 1994 . Since the single men's housing will not be open in 1993 it is necessary to reallocate the $7, 000 granted to the CCS Housing for Homeless Men Project to the CCS Emergency Severe Weather Shelter Program. This would result in an allocation of $17 , 000 to the Emergency Severe Weather Shelter Program, the same level of funding as 1992 . There is definitely a need to keep this money in the Emergency Severe Weather Shelter Program. The number of homeless persons served in this program has increased, and CCS ran out of money in early December of 1992 . Almost $8, 000 was expended in the program during the first half of January. The Human Services Commission considered this item at its January 28th meeting, and recommends that the $7 , 000 designated for the Housing for Homeless Men Project in 1993 be reallocated to the Severe Weather Shelter Program. The Planning Committee will discuss this item at its February 16th meeting and will forward a recommendation to you for your action that evening. This item was scheduled for the February 2nd Planning Committee meeting but was not able to be heard due to the CCS 1993 Funding February 16, 1993 Page 2 lack of a quorum at that meeting. For that reason and the fact that we are in the cold weather time of the year when the money is most needed, this item is coming to you directly from the Planning Committee' s February 16th meeting. Recommended Action: (Subject to City Council Planning Committee Approval) 1. Reallocate the $7 , 000 of 1993 general fund human services dollars granted to the CCS Housing for Homeless Men Project to the CCS Emergency Severe Weather Shelter Program. This would result in a total allocation of $17 , 000 to the Emergency Severe Weather Shelter Program, the same level of funding as 1992 . LB/mp:a:cityco2 . 16disk: lin #2 cc: James P. Harris, Planning Director KENT HUMAN SERVICES COMMISSION MINUTES OF JANUARY 28, 1992 MEETING PAGE 4 CATHOLIC COMMUNITY SERVICES 1993 ALLOCATIONS Lin Ball explained that in 1993 the $17 , 000 allocation to the CCS Emergency Severe Weather Shelter Program was split, appropriating $7, 000 to the new Housing for Homeless Men Program and $10, 000 to the Severe Weather Shelter Program. The men' s housing program will not open in 1993 due to the fact that federal funding was not acquired during the last funding round. Therefore, staff recommends that the $7 , 000 granted to the CCS men's housing project be reallocated the Emergency Severe Weather Shelter Program. Susan Ramos MOVED and Dee Moschel SECONDED a motion to reallocate $7 , 000 from the 1993 CCS Housing for Homeless Men program to the 1993 CCS Emergency Severe Weather Shelter Program. Motion carried. This recommendation will be forwarded to the Council on February 16 . APPOINT REPRESENTATIVE TO SOUTH KING COUNCIL OF HUMAN SERVICES Marvin Eckfeldt has been serving as the Commission representative to the South King Council of Human Resources. Since he is leaving the Commission, a new representative is needed. The Council meets at the Good Neighbor Center in Renton the fourth Tuesday of each month from 11: 30 to 1: 30 p.m. with the formal meeting beginning at noon. They do not meet the months of June, July and August. None of the Commissioners present felt they could commit to attending every meeting. Chair Ramos stated the meetings could be split among Commissioners and requested that the Commission discuss this again at the February meeting. Lin Ball noted that at least one staff member attends the meetings and can give input to the Commission. STATUS OF 1993 AGENCY CONTRACTS Rachel Johnston reported that the new common reporting forms have been incorporated into the 1993 agency contracts. Rachel met with each of the 13 agencies being funded to negotiate performance measures for 1993 . REPORTS HUMAN SERVICES ROUNDTABLE The next meeting of the Human Services Roundtable will be on Tuesday, February 9 , from 1: 30 - 3 : 00 p.m.at Mercer Island city Hall. SOUTH KING COUNCIL OF HUMAN SERVICES c, [ Kent City Council Meeting Date February 16 , 1993 Category Other Business A I 1. SUBJECT: SMITH STREET SIDEWALKS - PROPOSED L. I.D. (#F 2 , SUMMARY STATEMENT: Catholic Youth Services has requested that the City review the possibility of forming an LID for the installation of sidewalks along Smith Street, west of West Valley Highway. The Public Works Committee recommends formation of the LID. 3 . EXHIBITS: Public Works Committee minutes, memorandum from Public Works Director and vicinity map 4 . RECOMMENDED BY: Public Works Committee (2-0 Jim Bennett absent) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: N0 YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember W a moves, Councilmember L seconds to direct staff to proceed with the formation of an LID for the construction of sidewalks along Smith Street, west of West Valley Highway. ti DISCUSSION: ACTION• Council Agenda Item No. 4C 'X In response to John Kiefer's question as to whether he would be charged this fee of $16. 71, Gill stated that if Kiefer short platted his five acre piece, or chooses to develop it in any way which requires a connection to the 10" line, then the charge would be added to the water meter permit fees. committee agreed to recommend that Council authorize Public Works to establish a charge in lieu of assessment on the distribution main. Smith Street Sidewalks Gill explained that as previously discussed, there was a request from the Catholic Youth Services organization on Smith St. west of the West Valley Highway, that the City review the possibility of forming an L.I.D. for the installation of sidewalks along Smith. Gill stated that this was brought forward to the Committee and it was agreed because there was a substantial lack of interest from some of the abutting property owners in participating in this project, based on the possible assessments, that we would go back to those property owners with a second - proposal with the City contributing a portion of the costs. Another mailer was sent out indicating that the city would contribute $30, 000 towards that project. At this point, we still do not have very many property owners in favor of moving forward with this project. Gill stated that parcels 4 , 5, 6, 8 and 10 were all allowed to develop and were issued building permits based on the covenants that they would participate in an L. I.D. in the future for the construction of sidewalks and they executed those documents, which was an agreement to not protest and L. I.D. All of those parcels except #8 are either not responding or do not want to proceed with this. Committee unanimously agreed to recommend that Council authorize the formation of an L.I.D. for the Smith Street sidewalks. John Streich, of the Bicycle Advisory committee commented that there is no room for bicyclists on Kent' s sidewalks. He requested that sidewalks be built to facilitate bicyclists as well as pedestrians use and that the size of driveways to widened. Gill stated that some sidewalk and driveway changes are being addressed in the new construction standards. 272nd/277th Corridor Update Brubaker stated that an addendum to the EIS has been issued. This addendum updates some of the information the City has received as a result of the Ramstead property purchase and investigation of the purchase of the Johnson property. It also clarifies some of the issues raised in the original EIS. Some plat work has been done on 116th Avenue S. E. ; that portion of the corridor that terminates 2 DEPARTMENT OF PUBLIC WORKS FEBRUARY 2, 1993 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM RE: PROPOSED L.I.D. SMITH STREET SIDEWALKS (WASHINGTON AVENUE TO 64TH AVENUE) As discussed at a previous Committee meeting, the Catholic Community Services has inquired regarding the installation of sidewalks on Smith Street west of Washington Avenue. It was recommended and agreed that the Engineering Department would investigate the possibility of an L. I .D. formation to provide the funding. Therefore, a cost estimate was prepared, an informational letter was sent to the affected property owners, a property owner meeting was held and the owners were asked to submit a questionnaire indicating their reaction to the proposed L. I.D. The proposed L.I.D. boundary is shown on the attached map. The Catholic Community Services was the only property represented at the property owner meeting. The owner of #7 and #9 responded negatively as did the owners of #1, #5, and #6. Owners of #2 , 3 , 8, and 10 did not respond. Summary of questionnaire results: Please proceed with L. I.D. formation 4. 4% Please do not proceed with L.I.D. formation 35.7% No response 59 .9%' At a later Committee meeting, staff recommended that the City contribute financially to the project with sidewalk fund money to make the project more attractive. Committee agreed with this suggestion. Therefore $30, 000 were committed toward the project. Another letter with revised assessments and a questionnaire were mailed to the property owners. The revised assessments are shown on the enclosed listing. The questionnaire results are as follows. Please proceed with L. I.D. formation 17.. 38% (#4f #71 #9) - continued - 4 Please do not proceed with L.I.D. formation 44 .54% (#11 #21 #5, . #6) No response (#3, #8, #10) 38 . 08% A letter of protest was submitted by property number 1 and is attached. Based on this response it is obvious that the majority of the property owners are not interested in the proposed L.I.D. However, as noted on the assessment listing and explained to the property owners, five properties representing 53 . 57% of the assessment have signed No Protest L. I.D. Covenants for improvements on Smith Street. With the covenants and others expressing interest via the questionnaires, the level of support is 66. 52%. Since it only takes 40$ support to legally form an L. I.D. , Council, thus, has the option of proceeding with the project. As such, we seek Council's direction on this matter. t1526 PROPOSED L. I.D. SMITH ST. SIDEWALKS (WASHINGTON AVE. TO 64TH AVE. ) NOVEMBER 6, 1992 (REVISED PROPOSAL - INCLUDES CITY FUNDING) Assessment Name Preliminary Number (From King County Tax Roll) Assessment 1• WILLOW BROOK LTD. $ 7,275.92 2 • OAK HILL TERRACE 14,580.09 3 • WEIGHT WATCHERS 549.14 *a. CATHOLIC COMM. SERVICES 2,958.60 *5• JABOW INC. 2,573.98 *6• JABOW INC. 5,379.27 7• LYLE SCHNEIDER 7,998.09 *8• HEALTH & TENNIS CORP OF AMERICA 6,578.41 9• LYLE SCHNEIDER 672.41 *10. PRINCIPAL MUTUAL LIFE INSURANCE 18 , 360.59 TOTAL $66, 926.50 *INDICATES SIDEWALK COVENANT SIGNED BY PROPERTY OWNER COVENANT TOTAL = $35, 850.85 = 53 .57% As explained in the original letter, 53 . 57$ of the property owners are at this time obligated to participate in this sidewalk improvement via executed no protest covenants. The final decision of whether or not to form the L.I.D. , however, will be made by the City Council. Therefore, your input regarding the project is important to the decision making process. --tee i I81 aS 3AV N019NIHSVM •1MH 131WA 'N ---- min r�maiplumurrr:.murmumm�------ OE �, a x •- I F T j t OO p - - - Z U — — W Q } € f � d F — W vv O Y W ¢ ! I IL O N O ^ m m 22 ! a - - - -- - -� w — , > LU en , I = Q U (A m rj)m I ! F E w� +r - - - Z �n s , Z i L N ib IL z CL S '3Aa 'Hlh9 I I II �•---r-----� I e� MCM Merrill Vesper NovemFber Tb;N 1 i�Y E NT City of Kent Engineering Dept 220 4th Ave. South Kent, WA. 98032 Re: Proposed Sidewalk L.I.D. Dear Mr. Vesper, I would like to express my sincere concern about this sidewalk project. Please be assured that I am all for community improvements when appropriate. For instance, I voted in favor of the improvements to 64th .Avenue. However, I do not feel that the benefits of the proposed sidewalk will justify its cost. It is a luxury that we cannot afford at this time. As a property owner in Kent I have seen the cost of my city services go up over the last two years without offsetting increases in revenue. Additionally, we are facing weakness from the aerospace sector which may portend even tougher economic times for us in Kent. To make matters even more difficult, the county has raised our property taxes as well. We are actively appealing the property tax increase and are searching for other ways to cut costs internally. This is the time for fiscal responsibility to outweigh those semi essential or non essential items on our public "wish list" . Isn't that what the voters just stated loud and clear in our presidential election? ! .Our property cannot' sustain further expense increases and I will actively contest this project if the Public Works Committee votes to proceed. Please note that per you own analysis only 4.42% of those owners contacted voted for the proposal and 35. 71% voted against. This is almost a nine to one vote against the project and is a clear statement to your office that we cannot afford this project at this time. Thank you for the opportunity to voice my opinion on this matter. I sincerely hope that you will take the . overwhelming public opinion and cancel this measure. Sincerely, Bruce Thayer General Partner Willow Brook Ltd. (206)454.2476 500- 108TH AVE.NE•SUITE 340 BELLEVUE,WASHINGTON 98004 r Kent City Council Meeting Date February 16. 1993 Category Other Business 1. SUBJECT: 272nd/277th CORRIDOR UPDATE 2 . SUMMARY STATEMENT: Lash September City Council, by motion, directed staff to proceed with implementation of the 272/277th Corridor project. Since then, the City has obtained additional information that supplements the information gathered in the Final EIS and issued an Addendum. It is now recommended by the Public Works and Legal Departments that the Council ratify its September decision by passing a resolution that reaffirms the policy reasons for that decision and that approves the Addendum. 3 . EXHIBITS: Excerpt from Public Works Committee minutes and resolution 4 . RECOMMENDED BY: Public Works Committee (2-0 Jim Bennett absent) (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 V�k moves, Councilmember t-TAA�seconds to adopt Resolution /9 4 ratifying the Council 's earlier decision to move forward with the 272nd/277th Corridor project. DISCUSSION: ACTION: Counci genda Item No. 4D JC In response to John Kiefer's question as to whether he would be charged this fee of $16.71, Gill stated that if Kiefer short platted his five acre piece, or chooses to develop it in any way which requires a connection to the 10" line, then the charge would be added to the water meter permit fees. Committee agreed to recommend that Council authorize Public Works to establish a charge in lieu of assessment on the distribution main. Smith Street Sidewalks Gill explained that as previously discussed, there was a request from the Catholic Youth Services organization on Smith St. west of the West Valley Highway, that the City review the possibility of forming an L. I.D. fo the installation of sidewalks along Smith. Gill stated that thi� was brought forward to the Committee and it was agreed because there was a substantial lack of interest from some of the abutting property owners in participating in this project, based on the possible assessments, that we would go back to those property owners with a second - proposal with the City contributing a portion of the costs. Another mailer was sent out indicating that the City would contribute $30, 000 towards that project. At this point, we still do not have very many property owners in favor of moving forward with this project. Gill stated that parcels 4, 51 61 8 and 10 were all allowed to develop and were issued building permits based on the covenants that they would participate in an L.I.D. in the future for the construction of sidewalks and they executed those documents, which was an agreement to not protest and L.I .D. All of those parcels except #8 are either not responding or do not want to proceed with this. Committee unanimously agreed to recommend that Council authorize the formation of an L. I.D. for the Smith Street sidewalks. John Streich, of the Bicycle Advisory Committee commented that there is no room for bicyclists on Kent's sidewalks. He requested that sidewalks be built to facilitate bicyclists as well as pedestrians use and that the size of driveways to widened. Gill stated that some sidewalk and driveway changes are being addressed in the new construction standards. 272nd/277th Corridor Update `y Brubaker stated that an addendum to the EIS has been issued. This addendum updates some of the information the City has received as a result of the Ramstead property purchase and investigation of the purchase of the Johnson property. It also clarifies some of the issues raised in the original EIS. Some plat work has been done on 116th Avenue S.E. ; that portion of the corridor that terminates 2 Y into the Kent Kangley Rd. A detailed topographic survey has been done on that portion of the Ramstead property where the hillclimb will occur. Brubaker explained that as the lead agency, we have an obligation to update the public and other decision makers on new information. Various approvals of permits were identified that we need to undergo. On the advise of our consultants, the addendum covers much more detail on past and future permit applications. Brubaker explained that in 1981, WSDOT identified some of the corridor needs. In 1983-84 City of Kent began to work in earnest on the 272nd corridor project and in the process of that, almost every local, regional, county and state agency was brought in to develop the south county corridor needs. The 272nd corridor was always discussed as a high priority. Brubaker requested that the Committee recommend to Council that they adopt some findings that essentially ratify the decision made last September. Brubaker further stated that we would like to include into this record on a legislative basis, a statement that the City has used its best efforts, we have communicated with other agencies, we have done a detailed study, we want to go forward with the project and obtain the road establishment permit with King County. That essentially would be a ratification of what was decided last September. Brubaker asked the Committee for the go- ahead to prepare a resolution for the Council meeting of February 16th, to ratify the earlier decision and adopt these written findings in addition to Council minutes of that meeting. LaPorte stated that from an engineering perspective, the project looks very feasible and we are prepared to go the next step. Mann stated that there are too many assumptions with other agencies. Mann said that unless we have some sort of agreement with Auburn and King County, he cannot vote to contribute this much money without those interlocal agreements. LaPorte stated that we have already identified that we need to pursue the interagency agreements, both with King County and with Auburn. Mann then stated that if the City of Kent can get Auburn City Council to pass a resolution outlining their intent and also King County Council to also form a resolution of their intent, than he (Mann) would support this endeavor. Until then, Mann stated that he does not believe we can make these kinds of efforts with this amount of money based on assumptions and communications of verbal intent. White stated he is in favor of moving this forward to Council whether we get resolutions of intent from other agencies, or not. Committee then directed Brubaker to prepare a resolution for presentation at the next Council meeting. 3 OFFICE OF THE CITY ATTORNEY DATE: February 12, 1993 TO: MAYOR KELLEHER CITY COUNCIL FROM: TOM BRUBAKER, Assistant City Attorney RE: 272/277 Corridor Project Findings The City recently obtained new information regarding the above- referenced project that adds to its decision to select the "Alternative All alignment for the Corridor. SEPA encourages agencies to collect and disclose, on an ongoing basis, new environmental information as it becomes available so that future decisionmakers can make fully informed decisions during subsequent stages of review. Essentially, this new information consists of site specific wetlands studies, enhanced topographical survey information on the "hillclimb" area of the project, and additional information pertaining to the 116th Ave. alignment gained from recent approved subdivision plats. Accordingly, the City' s SEPA Responsible official issued an Addendum that incorporates this new information. Also, in support of various references in the FEIS to the extensive prior planning conducted from 1981-1989, the Addendum includes the actual prior planning documents that constituted this prior review. These documents have been incorporated into the Addendum and included in a separate volume, which has been made available to you for your review. Additionally, this regional planning context also shows that there will be future opportunities for further environmental review by the City or by other public agencies with permitting authority. As a result, the City, the County, the City of Auburn and other permitting agencies will have the broadest amount of available information as they make their respective decisions related to the project. As you may recall, last September Council approved a motion to go forward with the project and establish the preferred roadway alignment with King County. As part of your reconsideration of the September 1 motion, the Public Works Committee authorized staff to prepare for your review and consideration the enclosed Resolution. After reviewing the FEIS, Addendum and incorporated documents, please consider this Resolution, which summarizes the planning and decisionmaking process to this date. If you wish to ratify your September 1 motion and direct staff to continue with the County's road establishment process and other necessary permit applications, a motion to adopt this Resolution would be appropriate. Nothing in these findings alters the process as it was determined last September and no new commitments are made. Council still retains the right to alter or even abolish the project if, for example, project costs exceed expectations or if new environmental information comes to light. CORIDOR3.m o RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to transporta- tion; acknowledging the issuance and contents of the Addendum to the 272nd/277th Street North Corridor Project EIS; ratifying the September 11 1992, action of the City Council; and directing further action on the Project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENT AS FOLLOWS: Section 1. Recitals and Findings. 1. 1 Since 1981, the City of Kent ("City") has been working with surrounding cities, King County ("County") , and regional and state officials to address the existing and projected transportation needs in the South County area. A chronology of this prior planning is summarized in the illustrative chart attached to this Resolution as Exhibit "A" . This planning helped identify congestion in certain areas throughout the City that has become intolerable. This congestion illustrates the need for additional east-west capacity in the City and County's transportation system in light of the continuing and projected increases in population and employment in the City and surrounding areas. 1. 2 The result of this prior planning was a series of recommendations starting in 1981 at the state, regional, county and local levels to proceed with the preliminary environmental and feasibility analysis of the 272nd/277th Street North Corridor Project ("Project") . 1. 3 Project planning began in 1984, when the City's Comprehensive Transportation Plan proposed several major transportation improvements, including the Project and two other east-west arterials, the 192nd/196th Street Corridor and the 224th/228th Street Corridor. Of the capital improvements identified in this and subsequent City Transportation Plans, the east-west corridors remain to be implemented. 1.4 In January 1987, the Green River Valley Transportation Action Plan ("GRVTAP") , a multijurisdictional study, was completed by the Puget Sound Council of Governments (now known as the Puget Sound Regional Council) and called for construction of the Project as one of the "Highest Priority Projects" of GRVTAP. In November 19881 by Ordinance No. 2818, the City adopted GRVTAP. 1. 5 More recently, the Soos Creek Community Plan and associated Environmental Impact Statement, adopted by the King County Council in December 1991, identified the 277th Corridor as one of the 0069940.01 -1- measures which should be implemented in order to mitigate the effects of growth in the area. 1. 6 The implementation of the three east-west corridors identified in the City's Transportation Plans will increase the number of east-west routes between the Kent Valley and East Hill. Currently, there is only one such street between Canyon Road (Kent Kangley/SR 516) and Highway 18 (SR 18) in Auburn. The Project will provide a new east-west alignment which bypasses the City's central business district, provides a more direct and free-flowing connection to SR-167 and I-51 and reduces congestion on certain arterials throughout the City that will otherwise operate at less than tolerable traffic conditions if no action is taken to add east-west routes across the City. One of the arterials, for example, which will experience some reduction in traffic, is Canyon Drive. 1.7 In 1989 , the City formed a Technical Advisory Committee ("TAC") made up of representatives of Kent, Auburn, King County, Washington State Department of Transportation ("WSDOT") and METRO. The City, in conjunction with the TAC, continued the analysis of earlier planning studies by evaluating over 90 possible east-west roadway alignments between the valley floor and the Soos Creek Plateau. Eventually, the potential routes were narrowed to three on the basis of environmental, socio-economic, and property impacts, and engineering and cost considerations. The TAC provided further preliminary review and identified the range of reasonable alternatives under consideration as four, including a no-action alternative. 1. 8 In the. summer of 1989, the City commenced preparation of an Environmental Impact Statement on the Project. A scoping meeting was conducted in October 1989, the draft EIS ("DEIS") was issued in December 1991, and a final EIS ("EIS") was issued in June 1992 . The EIS characterized Alternative A (described in the EIS) as the Preferred Alternative roadway alignment for the 272nd/277th Corridor ("Project Route") . 1.9 The location of the Project Route was determined after a traffic study of the entire region and a reconnaisance study of the vicinity. The portion of the Project Route between the East Valley Highway (Central Avenue/Auburn Way North) and the Green River was chosen as it lies along the northern edge of the Auburn City limits and a planned major development and along the south edge of an agricultural preserve area in unincorporated King County. A portion of the right-of-way required in this section of the Project Route already exists. After considerable review of alternative hillside routes, the hillside portion of the Project Route was chosen to take advantage of existing terrain with the least amount of effect on nearby parks, wetlands, and residences. The section of the Project Route along the top of the Soos Creek Plateau was chosen because it lies in an area that disturbs the least number of homes of all the alternative routes studied. The Project Route in this area is physically screened from adjoining residential areas 0069940.01 -2- as far east as 108th Avenue. From 108th Avenue to 116th Avenue the Project Route affects the least number of residences of any of the alternatives studied. Finally, the Project Route connection to Kent Kangley Road takes advantage of a newly platted street (116th Avenue) authorized by the County where plat improvements are in the beginning stages of construction. The Project Route and road required for the plat developments will thus be developed in the same general time period. The Project includes a trail connecting the Kent valley area with the Soos Creek Plateau which will provide a safe (separated from vehicles) pedestrian/bike route connecting these two areas with an alternate form of transportation. 1.10 The EIS refers to and draws upon the prior planning, which had taken place at the local, county, regional and state levels. The EIS also states that additional environmental review will be conducted by the various agencies whose approvals and permits are required before construction can begin on the Project. 1. 11 On September 11 1992, after considering the information and analysis in the EIS and other relevant data, the City Council authorized the Public Works Department to proceed with the road establishment process with the County. City staff has conducted preliminary meetings with County officials related to securing County approval for establishing the Project Route right-of-way. 1. 12 Since the final EIS was completed, the City has conducted additional site-specific environmental review. This review was conducted in response to, and as part of, recent activities in the vicinity of the proposed Project, including a property owner's Forest Practices Act logging application to allow clear-cutting of up to 75 acres of timber in the area and the stated intention of another property owner to sell property in the Project area. The additional environmental review, including a topographic survey and site-specific detailed wetlands delineations, was included as part of an Addendum issued by the SEPA Responsible Official on February 1, 1993 . 1. 13 The planning and environmental review on the Project takes into consideration both existing and projected growth. Given the adoption of the Growth Management Act ("GMA") , the County-wide planning policies, and County and local comprehensive plans and development regulations under consideration, it is unlikely that the unregulated pre-GMA growth patterns resulting from construction of a new arterial will occur. To the extent any such new growth occurs, it will proceed in the context of both existing and future County and local comprehensive plans as well as project-specific proposals, all of which will be subject to the GMA's concurrency requirement and additional environmental review. 1. 14 The City has worked closely with WSDOT, County and Auburn officials in defining the transportation needs for the City and surrounding area. See Exhibit A. Thus, while County officials have given some preliminary consideration to a Southeast 277th Street Corridor Project, this has taken place in the context of 0069840.01 -3- planning for the North Corridor Project and its construction is speculative and unfunded at this time. Proceeding with Kent's Project at this time is consistent with inter-jurisdictional plans and conducted in coordination with County and Auburn officials. 1. 15 The Project Route involves the least impacts on wetlands and surrounding residential properties compared to the other alternatives evaluated in the EIS. 1. 16 Prior evaluation and planning with local, County and regional officials, including METRO, establishes that transportation management strategies alone (i.e. , carpooling, HOV lanes, improved bus service) will not solve or effectively mitigate the existing or projected congestion problems in and around the City. Notwithstanding this, the City is taking steps to encourage commuters to leave their single-occupancy vehicles and use the bus transit system and carpools in order to mitigate existing and projected congestion. Previous studies have shown, however, that only 2% of commuters travelling through Kent use transit or carpools, nor would they choose to use these alternative modes of transportation if they were more accessible. 1. 17 It is not feasible or practical to expect the proposed high- capacity regional rail system (Regional Transit Plan) , which best serves high-density communities, to remedy the traffic congestion problems identified in the relatively low-density Project area. However, the Project will facilitate access to the rail system. 1. 18 The Addendum and its accompanying documents identify in greater detail the extensive prior planning and environmental review conducted before the City's EIS process commenced, as well as the subsequent environmental review that may be associated with the specific permits issued by various agencies. 1. 19 The Public Works Committee met on February 31 1993 , to consider the information in the Addendum. Following review and discussion, the Public Works Committee authorized staff to forward for Council consideration findings which: 1) ratify the Council's September 1, 1992 decision; and 2) find that proceeding with the Project and additional appropriate phases of environmental review is in the public interest and consistent with the multi- jurisdictional planning and the conclusions reached in prior studies. 1.20 Having considered the information set forth in the Addendum, the information in the prior planning documents incorporated into the Addendum, and having reconsidered the information contained in the EIS, the City Council adopts the following legislative findings and conclusions. 0069940.01 -4- section 2. Project Direction. 2.1 The City Council ratifies and confirms the decision taken on September 1, 1992. 2.2 City staff, having conducted preliminary meetings with the County related to road establishment approval for the Project, is directed to make formal application for such approval. The County is urged to give due consideration to the application. Staff is also directed to commence the application process for other permits and approvals which may be required for construction of the Project from the County and other agencies and conduct any additional further detailed environmental review as may be required as part of the permit and approval process. 2 .3 The Project will carry out existing and approved transportation plans. It will alleviate a long-standing constraint in the City's transportation system by adding an east-west route for commuters and the delivery of goods and services. The Project will also reduce congestion on major arterials within the City and provide a safe, high-capacity, east-west connection between the valley floor and the Soos Creek Plateau at the south end of the City's roadway network. 2. 4 The Project Route has the least impact to wetlands, wildlife habitat, housing and right-of-way requirements; additional studies since the issuance of the EIS provide additional support for the feasibility of this roadway alignment. 2. 5 Nothing in this resolution is intended to or shall preclude further environmental review as provided by law or consideration of the Project by the City, County or other permitting authority. Passed at a regular meeting of the City Council of the City of Kent, Washington, this day of February, 1993 . Concurred in by the Mayor of the City of Kent, this day of February, 1993 . Dan Kelleher, Mayor ATTEST: BRENDA JACOBER, CITY CLERK 000"0.01 -5- APPROVED AS TO FORM: ROGER LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. , passed by the City Council of the City of Kent, Washington, the day of February, 1993 . (Seal) BRENDA JACOBER, CITY CLERK -6- � 3 ,p E n 'a � _ a 3 v� p O 9 n a p d dpd y=md n - 77 —77- N pe _ Y r u p � a Q � a< am Ell. Ln a i 3 _ e S% y a ?,g s = CF ^Cps a a per sue' =a 19^ 1 S i � =dye' I liy- I Ia g� '� IStl la`s a 1 Is'_ _ 1._ . . .Ian.. .. ry N 1 1 SUMMER 1994 BEGIN CONSlNUCTInN 1 _. x _ FALL 97 ENU CONSTRUCTION Kent City Council Meeting Date February 16, 1993 Category Bids 1. SUBJECT: TRAFFIC SIGNAL - S. CENTRAL & S. 259TH STREETS 2 . SUMMARY STATEMENT: Bid opening was held on January 29th with five bids received. The low bid was submitted by Service Electric in the amount of $97, 000. 00. The Public Works Committee has recommended that this bid be accepted. 3 . EXHIBITS: Public Works Committee minut s and memorandum from Public Works Director 4 . RECOMMENDED BY: Public Works Commit ee 2-0 Jim Bennett absent (Committee, Staff, Examiner, Co ission, etc. ) 5. UNBUDGETED FISCAL PERSONNEL I ACT: NO�_ YES FISCAL/PERSONNEL NOTE: Recomm nded Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmemb4 �`���' second that the low bid submitted by Service Electric in the amount 0) \ $97, 000 . 00 for the traffic signal at S. Central and S. 259th Street be accepted. i DISCUSSION: ACTION: \\' un gen a Item No. 5A Overlook Apartments, Phase B Gill explained that this was a standard action of moving an item forward for acceptance of public utilities and road improvements installed by a private developer for the Overlook Apartments. Committee unanimously agreed to recommend Council acceptance of the bill of sale. Traffic Signal at S.Central/S. 259th Gill stated that bids were opened on January 29th and we received the low bid of $97, 000. 00. This is within the budgeted funds we have allocated for this project and we would like to move it forward for Council award. Mann stated that he hoped because we received a low bid, this does not mean we will have a less effective light installed. Gill reassured Mann that as the bid summary indicates, there was only a $9, 000 spread between the high and low bids. Committee unanimously agreed to recommend Council acceptance of the bid of $97, 000. 00. Channel Repair Along 64th Ave South Gill stated that we received the low bid of $96, 855. 23 . This is part of the LID 330 project which was the construction of 64th Avenue from Meeker St to S. 212th Street. This project is the reconstruction of a portion of the major drainage channel running along the west side of 64th Avenue where there have been slope failures. Committee unanimously agreed to recommend Council acceptance of the bid of $96,855.23 4 DEPARTMENT OF PUBLIC WORKS FEBRUARY 39 1993 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM P RE: TRAFFIC SIGNAL AT SOUTH CENTRAL AVENUE AND SOUTH 259TH STREET Bid opening for this project was January 29th. Five bids were received; the low bidder was Service Electric for the bid amount of $97, 000.00. The project includes the installation of traffic controller and cabinet; poles and mast arms; vehicle and pedestrian heads; luminaires; interconnect conduit; signal and luminaire wiring; pre- empt equipment; detector loops and detectors; equipment testing; electrical service cabinet; pavement markings; construction and permanent channelization and signing. It is recommended the bid submitted by Service Electric be accepted and the contract awarded. BID SUMMARY Sery+ice Electric $ 97, 000. 00 Bren3er Construction 98, 380. 00 MT Electric 101, 192 . 00 Totem Electric 103, 900. 00 Signal Electric 106, 000. 00 Engineer's Estimate $ 91, 000.00 Kent City Council Meeting Date February 16 , 1993 Category Bids 1. SUBJECT: CHANNEL REPAIR - 64TH AVENUE SOUTH 2 . SUMMARY STATEMENT: Bid opening was held on February 2nd with nine bids received. The low bid was submitted by Tri State Construction in the amount of $96, 855. 23 . T e Public Works Committee has recommended this bid be accept d. 3 . EXHIBITS: Public Works Committee minut s and memorandum from Public Works Director 4. RECOMMENDED BY: Public Works Commit a 2-0 Jim Bennett absent (Committee, Staff, Examiner, Co ssion, etc. ) i 5. UNBUDGETED FISCAL PERSONNEL IM ACT: NO�_ YES FISCAL/PERSONNEL NOTE: Recomm nded Not Recommended i 6. EXPENDITURE REQUIRED: $_ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember LQJ moves, Councilmember ti secondt�^ v that the low bid submitted by Tri State Construction in the amount of $96, 855. 23 for channel repair on 64th Avenue South be accepted. DISCUSSION• VIA) ACTION• Council Agend•� Item No. 5B �C Overlook Apartments Phase B Gill explained that this was a standard action of moving an item forward for acceptance of public utilities and road improvements installed by a private developer for the Overlook Apartments. Committee unanimously agreed to recommend Council acceptance of the bill of sale. Traffic Signal at S Central/S. 259th Gill stated that bids were opened on January 29th and we received the low bid of $97, 000. 00. This is within the budgeted funds we have allocated for this project and we would like to move it forward for Council award. Mann stated that he hoped because we received a low bid, this does not mean we will have a less effective light installed. Gill reassured Mann that as the bid summary indicates, there was only a $9, 000 spread between the high and low bids. Committee unanimously agreed to recommend Council acceptance of the bid of $97, 000. 00. Channel Repair Along 64th Ave South Gill stated that we received the low bid of $96, 855 . 23 . This is part of the LID 330 project which was the construction of 64th Avenue from Meeker St to S. 212th Street. This project is the reconstruction of a portion of the major drainage channel running along the west side of 64th Avenue where there have been slope failures. Committee unanimously agreed to recommend Council acceptance of the bid of $96,855.23 4 DEPARTMENT OF PUBLIC WORKS FEBRUARY 3, 1993 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTR04W� RE: CHANNEL REPAIR ALONG 64TH AVENUE SOUTH BETWEEN S 236TH ST AND LANDING WAY Bid opening for this project was February 2nd. Nine bids were received; the low bidder was Tri-State Construction for the bid amount of $96, 855.23 . The project consists of 4, 196 cubic yards of excavation, 1, 620 tons of quarry spalls, 2, 680 square yards of geotextile fabric, planting of approximately 2, 300 live stakes and other landscaping and erosion control items. It is recommended the bid submitted by Tri-State Construction be accepted and the contract awarded. BID SUMMARY Tri-State Construction $ 96, 855. 23 Scarsella Bros. Inc. 102, 126.89 Glacier Construction & Equipment 112,885. 06 Gary Merlino Construction 113,907. 55 Del Mar Construction 136, 580. 86 Dennis R. Craig Construction 139,790. 62 Virginia L. Seitz Construction 154, 682 .72 Robison Construction, Inc. 165,286 . 32 R. W. Scott Construction 199,244. 35 Engineer' s Estimate $103 , 147. 06 CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE 4. PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE i E. PUBLIC SAFETY COMMITTEE i F. PARKS COMMITTE G. BUDGET COMMITTEE $H. ADMINISTRATIVE REPORTS MCCARTHY,TONY / KENT70/AD - HPDesk print. ----------------------------------------- Subject: 2/16/93 ADMINISTRATIVE REPORT Creator: Tony MCCARTHY / KENT70/AD Dated: 01/06/93 at 0949. TO: MAYOR KELLEHER, COUNCIL PRESIDENT WOODS AND COUNCIL MEMBERS THE STATE LEGISLATURE IS CONSIDERING PROPOSALS TO REDUCE CRIMINAL JUSTICE FUNDING. A POSSIBLE PROPOSAL ELIMINATES PER CAPITA DISTRIBUTIONS TO CITIES. IF THIS PASSED, KENT WOULD LOOSE ABOUT $80, 000, BUT WOULD STILL GET ABOUT $540, 000 FROM COUNTY WIDE LOCAL OPTION SALES TAX. REDUCTION COULD FORCE THE CITY TO CUT 2 POSITIONS OR REDUCE POLICE RELATED CAPITAL OUTLAY OR EQUIVALENT COSTS IN OTHER FUNDS. THE GOLF RFP WENT OUT ON 2/11 AND IS DUE BACK ON 3/15. A PGA GREENS SPECIALIST WILL VISIT RIVERBEND ON 2/24 WITH A REPORT OF HIS FINDINGS MADE TO THE GOLF ADVISORY BOARD THAT NIGHT. UPCOMING EVENTS 2/24-25 TYEE/TUMW CITY LEGISLATIVE ACTION COMMITTEE 2/26 1-5PM WH FIRE COUNCIL RETREAT 2/^7 8-5PM WH FIRE COUNCIL RETREAT, LUNCH TO BE PROVIDED 3, 9 WASH DC NLC CONGRESSIONAL - CITY CONFERENCE 3/10 SUBURBAN CITIES MTG 3/20 RUS RD PK HAZARDOUS WASTE COLLECTION EVENT 5/1 OPENING OF SATURDAY MARKET 7/16-17 KM/PAR3 BALLOON CLASSIC 7/16-18 CORNUOPIA DAYS FESTIVAL 8/21-22 MILL CRK CANTERBURY FAIRE 11/18 SNR CNTR 8TH ANNUAL TOWN HALL MEETING 12/4 WINTERFEST PARADE & HOLIDAY LIGHTING CEREMONY City Clerk OPERATIONS COMMITTEE NIIN u I hb FEBRUARY 2, 1993 COMMITTEE MEMBERS PRESENT: Christi Houser, Chair Leona Orr Jim White STAFF PRESENT: Tony McCarthy Roger Lubovich Laurie Evezich May Miller Jim Huntington Charlie Lindsey Ken Chatwin Kelli O'Donnell MEMBERS OF THE PUBLIC: Bill Doolittle Mary McCumber Mark Gulbranson The meeting was called to order at 2:35 p.m. by Chairperson Houser. Puget Sound Regional Council Interlocal Mary McCumber, PSRC Executive Director, and Mark Gulbranson, Director of Administrative Services of PSRC, were present to share about their program and explain why the interlocal agreement between the City of Kent and Puget Sound Regional Council might have to be amended. Ms. McCumber noted that Kent's assessment for 1992 was $11,232 and that under the new fee structure, using the same data for assessed value and population as 1992, the City of Kent would be assessed $20,604. She explained that if any dues are collected from the new statutory members, the PSRC will reimburse back to the other cities that amount to help offset the increase in dues. She noted, however, that these estimates are based upon 1992 figures and that the actual assessment could go up or down depending upon the 1994 figures for Kent. White moved for approval of the amendment to the interlocal agreement between Puget Sound Regional Council and the City of Kent. Orr seconded and the motion carried 3-0. Ordinance to Update Utility Tax Definitions Assistant City Attorney Evezich explained that the intent of this ordinance is to make utilities telephone tax consistent with State definitions. She noted that language has been added to reflect recent changes in technology to include cable and microwave systems as well as telecommunications equipment and apparatus enabling calls to originate from areas inside the City on equipment as opposed to service that' s in the home. The cellular telephone industry is lobbying heavily to have their status excluded from any construc- tion that it is a utility, a network telephone service or a telephone business while local jurisdictions, cities and other interested parties are lobbying to be able to tax this industry. Lubovich clarified that this ordinance is the result of recent collections on telephone utility taxes for cellular one as well as eliminating potential loopholes. White moved for acceptance of this ordinance. Orr seconded and the motion carried 3-0. Working Together Grant - Valli Kee -ting Police Chief Miller noted that a "Contract for Social Services" between King County "end the City of Kent hasn't been formally authorized by the City Council so that monies can be properly allocated within the 1993 budget. Orr moved for acceptance of this contract. White seconded and the motion carried 3-0. White noted for the record that the Mayor works for King County Housing Authority and that Jim Wiley is his boss. OPERATIONS COMMITTEE MINUTES February 2, 1993 Cont. New Collection Agency - Traffic Violations Acting Finance Director Miller explained that this is just an information item only and that last year Renton Collections was hired by the City to collect unpaid traffic citations. She noted that because of problems, Renton Collections services will be terminated on January 20, 1993 and Puget Sound Collections will replace them. She also noted that it will be the same situation with similar costs and no out-of-pocket expenses to the City. Memorandum of Understanding with WCIA City Attorney Lubovich noted that Council recently approved the proposal to stay with WCIA and the $100,000 deductible beginning this year. He explained that this agreement sets forth the deductible program and is requesting authorization to execute the agreement to follow through with the intent of Council . White moved for approval . Orr seconded and the motion carried 3-0. City Hall HVAC and Remodel Acting Finance Director Miller requested authorization to proceed with this project. She noted that the project has been divided into 3 phases as follows: Phase I) Demolition of the space vacated by the Police Dept. which includes knocking out walls and opening up the area, $46,000; Phase II) Replacement of 20-year old heating and air-conditioning system as well as upgrading the lights and computer wiring, $494,000 minus Puget Power grant of $127,000 to equal $367,000 for cost to City; Phase III) Making office space out of the area with carpet, the walls and lighting, $192,000. Upon White's question, Miller clarified that it was approved in the budget but felt it should come back to the committee to make sure it was agreed upon and that the whole bid process should proceed. White _. noted that he would like the City to also address and explore the possibility of daycare or nursery facilities for City employees only. It was the consensus of the committee that no action be taken since it has already been approved with the 1993 budget. Legislation Eliminating Cities Authority to Create Municipal Courts Lubovich explained that Senate Bill 5117 has been introduced to the State Legislature which was originally drafted to phase out municipal courts but a change was made and the current bill does not eliminate existing courts but will prohibit establishment of new courts, prohibit appointment of municipal judges, and eliminate the court's authority to establish fines and penalties for infractions so State guidelines would have to be followed, if it is; passed. White noted that the Association of Washington Cities is also asking all cities to respond by lobbying against this legislation and felt it was an appropriate response for the City of Kent to maintain its right to establish a municipal court. White then moved for the Legal Department to prepare appropriate resolution and send to the elected representatives. Orr seconded and the motion carried 3-0. Upon Orr's question, White suggested that the resolution be ready for Council action tonight. It was the consensus of the committee to do so and was so ordered. Cable TV Refranchise Agreement City Attorney Lubovich requested that this item be removed and placed on the next Operations Committee Agenda because it is not ready yet. There was no objection from the committee. Committee Chair Houser adjourned the meeting at 3:45 p.m. Brenda Jacober City Clerk Parks Committee Minutes February 2, 1993 Councilmembers Present: Jim Bennett, Chair; Jon Johnson and Christi Houser. Staff Present: Karen Ford, Jack Ball , Cheryl Fraser, Ken Chatwin, Rose Nelson, Jay Hill , Richard Thomas, Norm Reger, David Heldt, Liz Gasper, Patrice Thorell , Helen Wickstrom, Lea Bishop, Judy Crouch, Tim Bond, May Miller, Lori Hogan, Tony McCarthy, Tom Brubaker, David Owen, Roger Lubovich, Barney Wilson, and Pam Rumer. Others Present: Doug Schwab, Bill Doolittle, and Wayne McDonald. CITY ART PROGRAM POLICY AMENDMENT Liz Gasper explained two changes in the City Art Program Policy: adding language which states that professional references regarding past public art projects will be added to the criteria for selection of artists; and changing the payment schedule for artists from a three payment schedule to a five payment schedule. Gasper requested acceptance of the two amendments and authorization to place the issue on the February 16 Consent Calendar. Councilmember Houser moved to approve the City Art Program Policy amendments and to place the issue on the February 16 Consent Calendar. Councilmember Johnson seconded the motion. The motion passed with a 2-0 vote, as Councilmember Bennett had not yet arrived.* ADDED ITEM - UPLANDS PLAYFIELD Staff has recently been approached by the Kent Little League Association requesting continued cooperative use for field improvement at Uplands Playfield. Last year the Kent Little League began using the two fields at Uplands Playfield beginning in the early spring months. This year, they are asking to provide and install chain link fencing down the first and third base lines at fields #1 and #2. Lori Hogan explained that the Little League is willing to accept the sole responsibility of the costs of material and labor. In return, the group is asking for continuation of their cooperative use agreement for use of Uplands Playfield for a 5-8 year period, and to have their usage fees waived as a result of their providing fencing at the site. In response to McCarthy's question, Hogan reported that the general public user pays a user fee of $6/hour for a practice field. The City made an arrangement with Kent Little League last year: for a user fee of $10/day for use of both fields for multiple hours, which is a substantially lower rate. Hogan explained Parks Committee Minutes February 2, 1993 Page Two that these fees are used to recoup the expense for maintenance preparation of the site. Hogan requested the Committee's authorization to proceed with negotiating installation of the fence if both parties can come to terms on the length of the contract and assure that maintenance fees will be recouped for field usage. Hogan said that staff feels it is reasonable for the City to continue to charge Kent Little League user fees. The City had no plans for a fence at this time, there is no money in the budget for a fence, the site is perfectly playable as it is, and other users of the site are asked to pay the fees. Councilmember Houser expressed concern that if the City does not charge Kent Little League user fees, we will set a precedent. Hogan agreed that the City should not maintain a site for an exclusive user group at no charge. Tom Brubaker added that five . to six years is a long term for a contract in a fairly new relationship. He questioned if the City wants to commit so fully to this program. Rather than the fencing project and a long term contract, Brubaker suggested an interim step of a two year contract extension. The Committee directed staff to continue negotiations with the Kent Little League and to bring the results back to the Parks Committee in two weeks. RIVERBEND GOLF COURSE MAINTENANCE POSITION prepared a list of alternatives Patrice Thorell , at the request of Tony McCarthy, pre p to filling the vacant Golf Course Maintenance Superintendent position at Riverbend Golf Complex. She presented three options and listed the pros and cons of each option: 1 . Create a new Golf Complex Operations Manager position; 2. Contracted maintenance; 3. Have Park Maintenance Superintendent assume role. Thorell said that the USGA will be visiting Riverbend in February to give advice regarding maintenance of the complex. Councilmember Bennett suggested waiting to find out the recommendations of the USGA before taking any action. McCarthy suggested having a plan for the interim. He pointed out that when the RFP issue is decided, the position may be different. If the City goes with the RFP, the maintenance person will be the main City person on location and he/she will need to function in a parallel role with the private director. McCarthy said if we hire that person now and do not go with the RFP, we may have the wrong person there. He said the City may not want the top person to be a strong manager or people person, but rather the person with expertise in course Parks Committee Minutes February 2, 1993 Page Three maintenance. McCarthy felt it is a good solution to have the Park Maintenance Superintendent work with golf course maintenance staff in the interim. WASHINGTON JUNIOR GOLF ASSOCIATION REQUEST Staff received a request from the Washington Junior Golf Association to hold a subdistrict tournament at Riverbend on June 21, 1993. Courses receive these requests every two to three years. Tim Bond opined that the WJGA is one of the best in the nation and recommended that the City let the group use the course and waive the green fees. Bond said this will cost the City approximately $2,000 in green fees, but felt it is cheap advertising for the City. Bond mentioned several benefits to the City, which include promotion of goodwill through the Junior Golf Association; word of mouth advertising; advertising in a public publication put out by the Junior Golf Association; revenues in lodging from junior golfers' families; increased food service; and potential future golfers for Riverbend from the more than 120 junior golfers. Brubaker said the City will need proof that we will receive benefits which will flow from the advertising. Brubaker reminded the Committee that this is an issue of an unconstitutional gift of public funds. He informed Bond that if the Junior Golf Association will guarantee in writing that the organization will have some type of special advertising to focus on the City, it will be okay to waive the green fees for this tournament. Bond mentioned that this tournament coincides with the City's Junior Golf Camp, and it will give beginning golfers an opportunity to see how a first class junior operation is run. Councilmember Johnson moved to allow the Washington Junior Golf Association to hold their subdistrict tournament at Riverbend Golf Course on June 21, 1993, and to approve their request to waive the green fees. Councilmember Houser seconded the motion. The motion passed with a 3-0 vote. RIVERBEND GOLF COURSE RFP City Attorney Roger Lubovich announced that the RFP is close to final package. He wants to have one final check with Bond Council regarding compensation issues. Tony McCarthy pointed out Appendix B which develops a form for each proposer to complete, with a notation that each understood what was in the contract. He said there is a lot of information in the contract. Parks Committee Minutes February 2, 1993 Page Four McCarthy announced that the RFP should go out on Friday. Proposals are due back on March 15. The RFP will local diPGA in the grou Daily Journal of Commerce and will be distributed throughout th McCarthy clarified an issue regarding term limit which Councilmember Bennett raised at a previous meeting. The term is 4-1/2 years,ontract without cause or and IRS regulations stipulate that the City has the right to terminate the c penalty after three years. members to call with changes before Friday. McCarthy advised Committee DOUG SCHWAB COMMENTS st seven its Schwab s fa That �ate 101 the lavaluate the issue ofngolf management �forythen RiverbendeGolf best to Y suggested Complex. He said that some have disagreed with the Board's recommendations, an he recognized everyone's right have contacting pins empon loyer Golf Advisory Board that someone has been inappropriately members and expressed his dismay over the situation. this ne should be ront , issue. He added thattif staffed that worked as hard as the Golf Advisory Board members, issue. H it would not be necessary for the Parks Committee to discuss this issue. CITY ART *BECAUSE CO WERE MEMBER BENETT AND WAS NOT VOTED UPON ENT WHEN ASSISTANTE CITY ATTORNEYRBRUBAKER M POLICY AMENDMENTS EXPLAINED RTHEREFORENGES FOR THE ISSUE WILLBENNETT VOTED RUARY IN FAVOR THE CONSENT THE AMEN CALENDAR. PUBLIC WORKS COMMITTEE FEBRUARY 31 1993 PRESENT: JIM WHITE TONY MCCARTHY PAUL MANN MR & MRS RUST TOM BRUBAKER JOHN KEIFER GARY GILL JOHN STREICH TIM LA PORTE ABSENT: JIM BENNETT Vehicle Auction Gill stated that the auction results are an information item and that Tim Heydon felt the prices obtained at the auction were very good, considering the condition of the vehicles. Committee concurred. Kent Springs Transmission Main Distribution Main (114th & 274th) Gill explained that in mid-1980 's we had problems with the old Kent Springs transmission main and the section between 114th and 108th was totally abandoned in conjunction with an improvement project where we reconstructed the transmission main from 274th to the Guiberson St. Reservoir. In order to continue feeding this system, Public Works constructed a 10" line along 114th Ave. and along S.E. 274th St. and that connected back into the transmission main. It was acknowledged at that time, that in the future when we were able to reconstruct that portion of the transmission main between 132nd Ave S.E. at SR 156, and 108th Ave S.E. at S.E. 274th St. , we would be able to use this loll line as a distribution line to serve the customers in this particular area. Until such time, it would be a transmission line only. Gill further stated that the construction of the Kent Springs Transmission Main Phase II project is now complete, with the cost totally paid for by the City as part of the Water Utility. This enables the City now to use the 10" line as part of its distribution system. Gill explained that the proposal here is now to impose a charge in lieu of assessment on the abutting properties that would eventually connect to the water main. The proposed charges are based on the actual construction costs that the City incurred. Gill stated that the charge will be only for new customers connecting to the line. Based on actual construction costs, the charge would be $16.71 per front foot. This would be payable only upon connection to the system. This charge is recouping the actual costs that the City incurred in constructing the waterline. 1 In response to John Kiefer' s question as to whether he would be charged this fee of $16.71, Gill stated that if Kiefer short platted his five acre piece, or chooses to develop it in any way which requires a connection to the 10" line, then the charge would be added to the water meter permit fees. Committee agreed to recommend that Council authorize Public Works to establish a charge in lieu of assessment on the distribution main. Smith Street Sidewalks Gill explained that as previously discussed, there was a request from the Catholic Youth Services organization on Smith St. west of the West Valley Highway, that the City review the possibility of forming an L. I .D. for the installation of sidewalks along Smith. Gill stated that this was brought forward to the Committee and it was agreed because there was a substantial lack of interest from some of the abutting property owners in participating in this project, based on the possible assessments, that we would go back to those property owners with a second proposal with the City contributing a portion of the costs. Another mailer was sent out indicating that the City would contribute $30, 000 towards that project. At this point, we still do not have very many property owners in favor of moving forward with this project. Gill stated that parcels 4, 51 6, 8 and 10 were all allowed to develop and were issued building permits based on the covenants that they would participate in an L. I.D. in the future for the construction of sidewalks and they executed those documents, which was an agreement to not protest and L. I.D. All of those parcels except #8 are either not responding or do not want to proceed with this. Committee unanimously agreed to recommend that Council authorize the formation of an L.I.D. for the Smith Street sidewalks. John Streich, of the Bicycle Advisory Committee commented that there is no room for bicyclists on Kent' s sidewalks. He requested that sidewalks be built to facilitate bicyclists as well as pedestrians use and that the size of driveways to widened. Gill stated that some sidewalk and driveway changes are being addressed in the new construction standards. 272nd/277th Corridor Update Brubaker stated that an addendum to the EIS has been issued. This addendum updates some of the information the City has received as a result of the Ramstead property purchase and investigation of the purchase of the Johnson property. It also clarifies some of the issues raised in the original EIS. Some plat work has been done on 116th Avenue S. E. ; that portion of the corridor that terminates 2 into the Kent Kangley Rd. A detailed topographic survey has been done on that portion of the Ramstead property where the hillclimb will occur. Brubaker explained that as the lead agency, we have an obligation to update the public and other decision makers on new information. various approvals of permits were identified that we need to undergo. On the advise of our consultants, the addendum covers much more detail on past and future permit applications. Brubaker explained that in 1981, WSDOT identified some of the corridor needs. In 1983-84 City of Kent began to work in earnest on the 272nd corridor project and in the process of that, almost every local, regional, county and state agency was brought in to develop the south county corridor needs. The 272nd corridor was always discussed as a high priority. Brubaker requested that the Committee recommend to Council that they adopt some findings that essentially ratify the decision made last September. Brubaker further stated that we would like to include into this record on a legislative basis, a statement that the City has used its best efforts, we have communicated with other agencies, we have done a detailed study, we want to go forward with the project and obtain the road establishment permit with King County. That essentially would be a ratification of what was decided last September. Brubaker asked the Committee for the go- ahead to prepare a resolution for the Council meeting of February 16th, to ratify the earlier decision and adopt these written findings in addition to Council minutes of that meeting. LaPorte stated that from an engineering perspective, the project looks very feasible and we are prepared to go the next step. Mann stated that there are too many assumptions with other agencies. Mann said that unless we have some sort of agreement with Auburn and King County, he cannot vote to contribute this much money without those interlocal agreements. LaPorte stated that we have already identified that we need to pursue the interagency agreements, both with King County and with Auburn. Mann then stated that if the City of Kent can get Auburn City Council to pass a resolution outlining their intent and also King County Council to also form a resolution of their intent, than he (Mann) would support this endeavor. Until then, Mann stated that he does not believe we can make these kinds of efforts with this amount of money based on assumptions and communications of verbal intent. White stated he is in favor of moving this forward to Council whether we get resolutions of intent from other agencies, or not. Committee then directed Brubaker to prepare a resolution for presentation at the next Council meeting. 3 Overlook Apartments, Phase B Gill explained that this was a standard action of moving an item forward for acceptance of public utilities and road improvements installed by a private developer for the Overlook Apartments. Committee unanimously agreed to recommend Council acceptance of the bill of sale. Traffic Signal at S.Central/S. 259th Gill stated that bids were opened on January 29th and we received the low bid of $97, 000. 00. This is within the budgeted funds we have allocated for this project and we would like to move it forward for Council award. Mann stated that he hoped because we received a low bid, this does not mean we will have a less effective light installed. Gill reassured Mann that as the bid summary indicates, there was only a $9, 000 spread between the high and low bids. Committee unanimously agreed to recommend Council acceptance of the bid of $97, 000. 00. Channel Repair Along 64th Ave South Gill stated that we received the low bid of $96, 855. 23 . This is part of the LID 330 project which was the construction of 64th Avenue from Meeker St to S. 212th Street. This project is the reconstruction of a portion of the major drainage channel running along the west side of 64th Avenue where there have been slope failures. Committee unanimously agreed to recommend Council acceptance of the bid of $96, 855.23 4