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City Council Meeting - Council - Agenda - 03/16/1993
City of Kent Cit y Council Meeting �£ Agenda �g CITY OF4 �1S4II�A ...... ...... .... Mayor Dan Kelleher Council Members Judy Woods, President Jim Bennett Paul Mann Christi Houser Leona Orr ....... ... Jon Johnson Jim White March 16, 1993 Office of the City Clerk IN CITY OF �LD SUMMARY AGENDA KENT CITY COUNCIL MEETING March 16, 1993 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. Proclamation - Chris King Day 2 . PUBLIC HEARINGS None 3. - CONSENT CALENDAR A. Minutes B. Bills "C. City Council Excused Absence %D. Puget Power Franchise Ordinance - 2nd Reading -E. King County Turnkey Park - Transfer of Ownership ,F. Kent Library - Annexation to King County Library District - Ordinance G. Economic Development Council of Seattle & King County - Service Contract H. Water Consumption Adjustment - Arnold Evans I. LID 333 - Signalization at 72nd & 180th - Accept as Complete J. Bill of Sale - Kent School District Administration Remodel f' lK. Planning Department Zoning Permit Fees - Ordinance ,L. Venture 84 Rezone (RZ 92-3) - Set Meeting Date �Cyt!EXATlelt, IL IIk/93 4 . OTHER BUSINESS / . Permit Center - Resolution A ; � $. Comprehensive Plan Map Amendment (CPA-93-1) - Resolution C. CCS Emergency Shelter Procedural Amendment 5. BIDS A. Left Turn Lane Improvements, 104th & 256th 6 . CONTINUED COMMUNICATIONS 7 . REPORTS 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) Proclamation - Chris King Day CONSENT CALENDAR 3 . CitV Council Action: Councilmember ji moves, Councilmember seconds that Consent Calendar Items A through -L� be approved. Discussion �✓ r� I�"' C / fCc��FC� rlt� i �cC Action , u 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of March 2 , 1993 , 3B. Approval of Bills. Approval of payment of the bills received through March 4 after auditing by the Operations Committee at its meeting on eJ March 15, 1993 . Approval of checks issued for vouchers: Date Check Numbers Amount . , Approval of checks issued for payroll: Date Check Numbers Amount Council Agenda Item No. 3 A-B Kent, Washington March 2 , 1993 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Bennett, Johnson, Mann, Orr, White and Woods, Police Chief Crawford, Acting Finance Director Miller, and Human Resources Director Olson. Approximately 25 people were at the meeting. PUBLIC Employee of the Month._ Mayor Kelleher announced COMMUNICATION that Sgt. Mark Gustafson has been named Employee of the Month for March. He noted that Gustafson is an effective supervisor who leads by example, and that he is respected by his subordinates. Police Chief Crawford stated that Gustafson is very community-oriented, and offered his congrat- ulations. Sgt. Gustafson said he is honored to receive this award. Regional Justice Center. Mayor Kelleher noted that he has just received a petition from students and teachers at Kent Junior High School who are opposed to the Justice Center. WHITE MOVED to make the petition a part of the record. Woods seconded and the motion carried. Kay Sparks then stated that the County Council authorized negotia- tion of the purchase of Site 19 (4th and James in Kent) and that a purchase price and terms have been agreed upon. She noted that they are in con- tract negotiations with TRA Ltd. and HOK, and that schematic design will most likely begin in April. She added that staff from Kent's Building Depart- ment, as well as the City and County Arts Councils and other groups will be involved in the process. She noted for White that the proposed completion date is the 3rd or 4th quarter of 1996. Mayor Kelleher asked that Ms. Sparks be provided with a copy of the petition submitted tonight, and that she meet with the students who submitted it after tonight' s meeting to respond to their concerns. Sparks noted that all citizens had a choice in the selection of a site, that there is no reason to expect cost overruns, and that there is a need for additional bed space, especially in the south and east sides of the County. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR K be approved. White seconded and the motion car- ried. 1 March 2 , 1993 MINUTES (CONSENT CALENDAR - ITEM 3A) Approval o Minutes. Approval of the minutes of the regular Council meeting of February 16, 1993 . HEALTH & (CONSENT CALENDAR - ITEM 3E) SANITATION North Park 2nd Addition Sewer. ACCEPTANCE of the bill of sale and warranty agreement submitted by Paul Morford for continuous operation and mainte- nance of 325 feet of sanitary sewer extension in the vicinity of Cole Street between 1st and 2nd Avenues, and release of bonds after expiration of the maintenance period, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3F) Howard Johnson Amerisuite Hotel Waterline. ACCEPTANCE of the bill of sale and warranty agree- ment submitted by Delaware Investment One, Inc. for continuous operation and maintenance of 368 feet of water main extension in the vicinity of 6427 S. 212th Street, and release of bonds after expiration of the maintenance period, as recom- mended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3G) Kent Elementary School Site #25. ACCEPTANCE of the bill of sale and warranty agreement submitted by Kent Elementary School for continuous operation and maintenance of 45 feet of water main exten- sion, 617 feet of sanitary sewer extension and 358 feet of storm sewer improvements in the vicinity of 11310 SE 248th Street and release of bonds after expiration of the maintenance period, as recommended by the Public Works Committee. TRAFFIC (CONSENT CALENDAR - ITEM 3C) CONTROL Six Year Transportation Improvement Program Amend- ment. ADOPTION of Resolution No. 1345 amending the Six-Year Transportation Program 1993-1998 to include roadway reconstruction on 76th Avenue between S. 222nd St. and S. 228th St. , as recom- mended by the Public Works Committee. This resolution amends Resolution No. 1317 adopted July 21, 1992 . 2 March 2, 1993 STREET (CONSENT CALENDAR - ITEM 3D) VACATION S. 238th Street Vacation. ADOPTION of Resolution No. 1346 setting April 6 as the hearing date on a street vacation petition for property located at South 238th Street, as recommended by the Public Works Committee. PROPERTY (OTHER BUSINESS - ITEM 4A) ACQUISITION Johnson Property Acquisition. The Public Works Committee recently voted 2-to-1 to recommend pur- chase of the Gloria Johnson property for $222 , 500. WHITE MOVED to approve the purchase of the Johnson property in the amount of $222, 500. Bennett seconded. Mann said that he cannot support this until the other municipalities surrounding Kent sign interlocal agreements. The motion then car- ried with Mann opposed. ZONING CODE (CONSENT CALENDAR - ITEM 3I) AMENDMENT Single Family Residences in the CM Zone (ZCA-93- 1) . ADOPTION of Ordinance No. 3095 permitting new single-family residences as a principally per- mitted use in the CM (Commercial Manufacturing) zone, as approved by the City Council on February 16, 1993 . FRANCHISE (OTHER BUSINESS - ITEM 4C) Puget Power Franchise Ordinance. As recommended by the Public Works Committee, this date has been set as the first reading of the Puget Power Fran- chise Ordinance, to be followed by the second reading on March 16 for Council action. Assistant City Attorney Brubaker noted that this franchise covers all the City' s right-of-ways, alleys, and so forth, and that the term is 25 years. The Mayor noted that a substitute ordinance has been distributed to the Council, and Brubaker explained that the changes are housekeeping or technical changes. WHITE MOVED that the second reading of Puget Power Franchise Ordinance No. 3096 be set for March 16 for final action. Woods seconded and the motion carried. 3 March 2, 1993 OPEN (OTHER BUSINESS - ITEM 4D) SPACE King County Open Space Taxation Process. The Planning Committee has recommended adoption of Alternative 2 as the preferred Council Decision- Making Process regarding the King County Open Space Taxation Process. Alternative 2 designates that three City Councilmembers meet with three County Councilmembers at a joint hearing at Kent City Hall to deal with open space taxation cases within the City. ORR MOVED for adoption of Alternative 2 as the Council Decision-Making Process and authorization to appoint a contact person for the Open Space Taxation Applications, as recommended by the Plan- ning Committee. Woods seconded and the motion carried. AIRPORT (CONSENT CALENDAR - ITEM 3H) Recronal Airport Alternatives. ADOPTION of Resolution No. 1347 supporting the proposed "Three-Airport Multi Airport System" , as recom- mended by the Operations Committee on February 16, 1993 . This alternative consists of the develop- went of two supplemental passenger service air- ports, one located in Snohomish County and one located in Pierce County, with Sea-Tac retaining its current field configuration or adding a new third dependent runway. APPOINTMENT (CONSENT CALENDAR - ITEM 3K) Appointment to Kent Arts Commission. CONFIRMATION of the Mayor' s appointment of Robb Dreblow as a member of the Kent Arts Commission. Mr. Dreblow will replace Marilyn Hadley who resigned. Mr. Dreblow' s appointment will continue to 10/31/95. HUMAN (OTHER BUSINESS - ITEM 4B) RESOURCES Voluntary Retirement Incentive Program. The Human Resources Department has developed a Voluntary Retirement Incentive Program that provides a temporary window of opportunity for eligible employees to receive a cash incentive payment if they elect to retire. Sue Viseth of Human Resources noted that currently employees partici- pate in either the State PERS or LEOFF systems, and that the State establishes retirement 4 March 2 , 1993 HUMAN criteria. She noted that there are at least 17 RESOURCES employees who meet the State criteria, and that last year when the State offered early retirement, two of the 13 eligible opted for early retirement. She added that those electing not to retire early cited financial hardship as the determining factor. She explained that the cash incentive being offered is equal to $400 for each year of service to the City, or a $10, 00o payment for 25 years of service. She noted that to be eligible for the program, an employee must be eligible for retirement under the PERS or LEOFF system, must notify the City of their intent to retire by July 11 1993 , and must agree to retire on or before July 31, 1993 . She stressed that this is a volun- tary program, and said that the Human Resources Department will provide pre-retirement counseling to any employee who is interested in participating in the program. She also noted that a portion of the savings would be used to fund this program. JOHNSON MOVED to approve the Voluntary Retirement Incentive Program, as recommended by the Budget Committee. White seconded and the motion carried. PARKS & (BIDS - ITEM 5A) RECREATION Green River Trail Project. Bid opening was held on February 16, 1993 with fourteen bids received. The low bid was submitted by Gary Merlino Construction Co. , Inc. of Seattle in the amount of $280, 000. 00 for the base bid and alternates 1 and 2 . The Parks Committee recommends that this bid be accepted. BENNETT MOVED that a contract be awarded to Gary Merlino Construction Co. , Inc. in the amount of $280, 000 . 00 for the Green River Trail project. White seconded and the motion car- ried. (BIDS - ITEM 5B) East Hill Park Project. Bid opening was held on February 25, 1993 with ten bids received. The low bid was submitted by Golf Landscaping, Inc. of Auburn in the amount of $348,400. 00. 5 March 2, 1993 PARKS & The Parks Committee recommends that this bid be RECREATION accepted. BENNETT MOVED that a contract be awarded to Golf Landscaping, Inc. in the amount of $348, 400. 00 for the East Hill Park Project. Woods seconded and the motion carried. (BIDS - ITEM 5C) Scenic Hill Park Project. Bid opening was held on February 25, 1993 with ten bids received. The low bid was submitted by Golf Landscaping, Inc. of Auburn in the amount of $345, 700. 00. The Parks Committee recommends that this bid be accepted. BENNETT MOVED that a contract be awarded to Golf Landscaping, Inc. in the amount of $345, 700. 00 for the Scenic Hill Park Project. Woods seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through February 17, 1993 after auditing by the Operations Committee at its meeting on February 16, 1993 . Approval of checks issued for vouchers: Date Check Numbers Amount 2/17-2/26/93 127761-128207 $1, 304,938 . 23 Approval of checks issued for payroll: Date Check Numbers Amount 3/5/93 Checks 181489-181890 $ 276, 056. 18 3/5/93 Advices 5196-5507 332 ,469 . 00 $ 608, 525. 18 (CONSENT CALENDAR - ITEM 3J) LID 297/320 Prepayment of City Portion AUTHORIZATION for early payoff of the remaining balance of $397,913 on LID 297 and 320. This is the City's portion of these two LID's which cur- rently have a high-interest rate of 7 . 45 percent 6 March 2 , 1993 FINANCE and 7.5 percent. If the City pays off these LID' s, it will save interest costs of $55,241 at present value of $27 ,730. The total pay off of $397,913 is partially covered by the 1993 budget of $101, 340 in the Capital Improvement Fund (CIP) . The balance of $296, 573 can be covered by using a portion of the CIP' s 1993 ending fund balance of $1, 103 ,397 . This will still leave an ending fund balance of $806,824 to provide a cushion for any unanticipated projects that may arise in 1993 . This will free up approximately $350, 000 for capital that had been budgeted previously for debt in the years of 1994-1997 . This early payment will reduce the City's total debt, save interest costs and free up approximately $100 , 000 alone for capital projects in 1994 . REPORTS Council President. Woods reminded Councilmembers that the Library Board needs a representative and anyone interested should notify her. She also announced that Lyle Sumak's draft of their recent workshop is available in the Council Office. She asked that Councilmembers tentatively plan to meet with Lyle Sumak and department heads the week of April 5. Administrative Reports. McCarthy noted that the Operations Committee has approved the development of an ordinance regarding annexation to the King County Library District, and that the Library Board will look at the ordinance, as well as the landscaping plan, at their next meeting. He added that those items will appear on the Council agenda on March 16 EXECUTIVE At 7: 30 p.m. , McCarthy announced an executive SESSION session of approximately 15 minutes to discuss labor negotiations. ADJOURNMENT The meeting reconvened and adjourned at 8 : 20 p.m. Brenda Jacober, CMC City Clerk 7 t AN, Kent City Council Meeting Date March 16, 1993 \ ' Category Consent Calendar 1. SUBJECT: EXCUSED ABSENCE EST! HeUSTR 2 . SIIMI+IARY STATEMENT: Approval of a request from Councilmember Christi Houser for an excused absence from the March 2 , 1993 City Council meeting. 3 . EXHIBITS: Memo from Councilmember Houser 4 . RECOMMENDED BY: Councilmember Houser (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. 3C MEMORANDUM TO: DAN KELLEHER, MAYOR JUDY WOODS, CITY COUNCIL PRESIDENT i CITY COUNCIL MEMBERS FROM: CHRISTI HOUSER, CITY COUNCIL MEMBER C 4 DATE: MARCH 3, 1993 SUBJECT: CITY COUNCIL EXCUSED ABSENCE I would like to request an excused absence from the March 2, 1993 City Council meeting. I was unable to attend. Thank you for your consideration. CH:jb � 0- Kent City Council Meeting Date March 16, 1993 Category Consent Calendar 1. SUBJECT: PUGET POWER FRANCHISE ORDINANCE e 2 . SUMMARY STATEMENT: (Adoption%of Ordinance 3096 which was discussed at the Council meeting of March 2 , 1993 . As required by State law, this date has been set for the second reading (review) of the proposed Franchise which describes conditions, terms, requirements, etc. under which Puget Sound Power & Light subscribes to for use of City rights-of-way for the placement and operation of its facilities. 3 . EXHIBITS: Excerpt from Public Works Committee Minutes and ordinance 4 . RECOMMENDED BY: Public Works Committee (3-0 Vote) Council action 3/2/93 (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. 3D will be some associated costs for this. Police stated however, that there are some alternatives to the two hour limitation; residents living in the area would have stickers on their cars. Wickstrom stated again that his only concern is manpower in terms of administrating the ordinance, to issue the stickers, taking fees and complaints. Wickstrom asked that this issue be held over until the next Public Works meeting, March 4th. Bennett recommended that this be discussed at the next Public Safety meeting, prior to Public Works Committee. Construction Standards Report Wickstrom presented an update on the Construction Standards stating that the Construction Standards Review Committee has completed their review and staff will be bringing this item to the Public Works Committee for adoption of the Standards, within the next month or so. Downtown Infrastructure Raul Ramos made a presentation on the Downtown Infrastructure Program. Ramos stated that the sidewalk repair/replacement portion of this project is top priority at this time. Along with other portions of this project, ,Ramos noted his work on Community Reinvestment Plan. Ramos said however, in order to meet the safety needs of the downtown pedestrians and to assure compliance with the American Disabilities Act, the Mayor and Chief Administrative Officer have requested that work on the Community Reinvestment Plan portion of this project be delayed until more progress is made on the sidewalk repair/replacement program. Ramos referenced a memorandum from Don McDaniel, Puget Power, stating their willingness to help assess our Downtown Sidewalk Program as affected by our street trees. Ramos stated that the majority of sidewalks in disrepair were caused by street trees growing to a point of being a liability problem. Ramos explained that McDaniel has agreed to coordinate with his office to determine which trees can and cannot be saved while at the same time, installing new sidewalks. Bennett suggested that the types of trees selected should be coordinated with our Sign Ordinance. White suggested the consideration of installing power under the trees so they can be lighted during the Holiday Season. Puget Power Franchise Brubaker stated that the Puget Power Street Franchise with the City is expired. Over the years, the City has entered into periodic agreements with Puget Power to allow them to install power systems along our street, alley and road right of ways. Brubaker explained that he has prepared a relatively straight-forward franchise and 2 noted that the items in bold face are still under negotiation. Brubaker briefly ran thru the franchise noting that this is a long term franchise - 25 years; also stating that this is a non- exclusive franchise. Brubaker went on to explain the different sections within the franchise. White clarified with Brubaker that this be approved subject to final negotiation. Brubaker responded that this is at a point now where we can move forward with a final document which will be ready for the next Council meeting of March 2nd. Council unanimously recommended that this franchise be brought forward for the first reading (review) at the March 2nd Council meeting, subject to all negotiations being completed. Johnson Property Acquisition Wickstrom stated that in November 1992 staff presented to the Committee a proposal to acquire the Johnson property at the appraised value plus 10% ($199,760) . Since that time, we have been negotiating with Mrs. Johnson whom originally asked $285, 000. We have been able to negotiate it down to $222 , 500. Wickstrom stated that even though it is about 22% above the appraised value, in our opinion we would still be saving money on the acquisition, due to attorney costs, and etc. via- the condemnation process. Wickstrom further stated that it makes the Ramstead property much more valuable because of its access to the Green River Road, which we will need during the excavation operation. In response to White's question; Wickstrom stated we should not have any problem with the state auditor. Committee voted 2 to 1 to recommend purchase of the Johnson property. (White and Bennett voted yes; Mann voted no) 76th Avenue Reconstruction Wickstrom explained that there is a section just north of 228th in need of repair; this is a rebuild overlay project. Wickstrom stated that there are Federal funds to do this but we need to get it in our six year plan so we can get the $70, 000+. The balance of the funds would come out of the overlay program. Committee unanimously agreed recommendation that this project be included in the six year plan. Oberto Street Vacation Wickstrom stated that Oberto Sausage Co has submitted a petition for vacation of S. 238th Street to allow for an expansion of their facilities. Wickstrom requested that a hearing date be set at the next Council meeting for this vacation. 3 ORDINANCE NO. 3096 AN ORDINANCE of the City of Kent, Washington, granting unto Puget Sound Power & Light Company, a Washington corporation, its successors and assigns, the right, privilege, authority and franchise for twenty-five years, to construct, operate, set, erect, support, attach, connect, maintain, repair, replace, enlarge and use Facilities for purposes of transmission, distribution and sale of energy for power, heat, and light, in upon, over, under, along, across and through the Franchise Area; and to charge and collect tolls, rates and compensation for such energy and such uses. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Definitions 1. 1 Where used in this franchise (the "Franchise") the following terms shall mean: 1. 1. 1 "Puget" means Puget Sound Power & Light Company, a Washington corporation, and its respective successors and assigns. 1. 1. 2 "City" means the City of Kent, a municipal corporation of the State of Washington, and its respective successors and assigns. 1. 1. 3 "Franchise Area" means: any, every and all of the roads, streets, avenues, alleys, highways, grounds and public PUGET POWER FRANCHISE--Page 1 of 21 i places of the City as now laid out, platted, dedicated or improved; and any, every and all roads, streets, avenues, alleys, highways, grounds and public places that may hereafter be laid out, platted, dedicated or improved within the present i limits of the City and as such limits may be hereafter �i extended. 'i �1 1. 1. 4 "Facilities" means poles (with or without crossarms) , wires, lines, conduits, cables, communication and signal lines, braces, guys, anchors, vaults and all necessary or convenient facilities and appurtenances thereto, whether the same be located over or under ground. Section 2 . Franchise Granted 2 . 1 All other franchises heretofore granted by the City to Puget for utilization of streets, avenues, rights-of-way, roads, alleys, lands or other public places within the City are hereby canceled. 2 . 2 Pursuant to the laws of the State of Washington (including, but not limited to, RCW 35A. 47 . 040 and RCW 80. 32 . 010) , the City hereby grants to Puget, subject to the terms and conditions set forth hereinafter, a franchise for a period of twenty-five (25) years, commencing upon the effective date of this Ordinance. 2 . 3 Subject to the terms and conditions hereof, this Franchise grants Puget the right, privilege and authority to construct, joperate, set, erect, support, attach, connect, maintain, repair, replace, enlarge and use Facilities for purposes of transmission, distribution and sale of energy for power, heat, light and any ; other purpose for which energy can be used, in, upon, over, under, ; ; along, across and through the Franchise Area. In addition, this !i i PUGET POWER FRANCHISE--Page 2 of 21 i I 1 I : Franchise grants Puget the right, privilege and authority to charge hand collect tolls, rates and compensation for such energy and such uses, subject to the limitations imposed by state and federal law. i 2 .4 The terms and conditions of this Franchise shall not be ,, construed to apply to Facilities located outside of the Franchise Il Area. I, ;; section 3 . Compliance with Laws--Reservation of Powers and Authority. 3 . 1 Puget shall comply with all federal, state, and local laws or regulations applicable to the exercise of Franchise functions or Franchise obligations. Upon written inquiry, Puget local shall provide a specific reference to the federal, state, or law or the Washington Utilities and Transportation Commission ("WUTC") order or action establishing a basis for Puget' s actions related to a specific Franchise issue. 3 . 2 This Franchise shall not limit and the City hereby reserves all lawful powers and franchise authority available to it under its general police authority. 3 . 3 As to matters subject to the terms and conditions of this Franchise, if the City shall determine during the term of this Franchise that the assertion of a legitimate municipal interest is prohibited by application of federal or state law, then as to such matter and such municipal interest and consistent with its legal obligations, Puget shall cooperate with the City in a good faith effort to otherwise address such municipal interest. In this context, neither party shall invoke this Franchise as a basis to : assert that its consideration of a given issue is excused by operation of the doctrines of estoppel or waiver. ii PUGET POKER FRANCHISE--Page 3 of 21 �i II II I is I '! Section 4. Nonexclusive Franchise Grant The City expressly reserves the right to grant other or ( further franchises which do not unreasonably interfere with Puget Is , rights under this Franchise in, along, over, through, under, below Dior across the Franchise Area. This Franchise shall in no way prevent or prohibit the City from using the Franchise Area in a manner consistent with this Franchise or affect its jurisdiction I. over the Franchise Area. The City shall at all times exercise its �iretained power in a manner consistent with the terms and conditions �lof this Franchise. Section 5. •Undergrounding of Facilities 5 . 1 Puget acknowledges that the City desires to adopt a policy to encourage the undergrounding of Facilities within the Franchise Area. The City acknowledges that Puget provide electrical service on a non-preferential basis subject to and in accordance with applicable rates and tariffs on file with the WUTC. Subject to and in accordance with such rates and tariffs, Puget will cooperate with the City in the formulation of policy and regulations concerning the undergrounding of Puget's Facilities within the Franchise Area. 5. 2 If, during the term of this Franchise, the City shall direct Puget to underground Facilities within the Franchise Area, such undergrounding shall be arranged and accomplished subject to and in accordance with applicable rates and tariffs on file with the WUTC. This Section 5 shall govern all matters related to 1 undergrounding of Puget' s Facilities (i.e. , conversion or i; otherwise) within the Franchise Area. j ;I I I i PUGET POWER FRANCHISE--Page 4 of 21 I i� ! section 6. Relocation of Puget' s Facilities I, I i 6. 1 Whenever the City undertakes (or causes to be undertaken ji at City expense) the construction of any public works improvement i; within the Franchise Area and such public works improvement li I necessitates the relocation of Puget' s then existing Facilities ;; within the Franchise Area, the City shall : I 6. 1. 1 provide Puget, within a reasonable time prior to the City' s commencement of activities requiring such public works improvement, written notice requesting such relocation; and 6. 1. 2 provide Puget with copies of pertinent portions of the City' s plans and specifications for such public works improvement. After receipt of such notice and such plans and specifications, Puget shall relocate such Facilities within the Franchise Area at no charge to the City. 6. 2 Whenever: 6. 2 . 1 any person or entity, other than the City, requires the relocation of Puget' s facilities to accommodate the work of such person or entity within the Franchise Area; or, 6.2 . 2 the City requires any person or entity to undertake work (other than work undertaken at the City' s cost and expense) within the Franchise Area and such work requires ! the relocation of Puget' s Facilities within the Franchise Area, ; I Ii II PUGET POWER FRANCHISE--Page 5 of 21 1 I '' then Puget shall have the right as a condition of any such '' relocation to require such person or entity to make payment to jIPuget, at a time and upon terms acceptable to Puget, for any and i fall costs and expenses incurred by Puget in the relocation of !, I '!' Puget' s Facilities. I,I 6. 3 Any condition or requirement imposed by the City upon any person or entity (including, without limitation, any condition or requirement imposed pursuant to any contract or in connection with % approvals or permits obtained pursuant to any zoning, land use, construction or other development regulation) which necessitates the relocation of Puget' s Facilities within the Franchise Area shall be a condition or requirement causing relocation of Puget' s Facilities to occur subject to the provisions of subsection 6. 2 above; provided however, (i) in the event the City reasonably determines and notifies Puget that the primary purpose of imposing such condition or requirement upon such person or entity is to cause the construction of a public works improvement project withir a segment of the Franchise Area on the city Is behalf, and (ii) such public works improvement is otherwise reflected in an existing City-prepared capital improvement plan, then only those costs and expenses incurred by Puget in connecting such relocated Facilities with Puget' s other Facilities shall be paid to Puget by such person or entity, and Puget shall otherwise relocate its Facilities within such segment of the Franchise Area in accordance with Section 6. 1. 6. 4 As to any relocation of Puget' s Facilities whereby the cost and expense thereof is to be borne by Puget in accordance with ( subsection 6 . 11 Puget may, after receipt of written notice requesting such relocation, submit in writing to the City alternatives to relocation of its Facilities. Upon the City' s receipt from Puget of such written alternatives, the City shall evaluate such alternatives and shall advise Puget in writing if one or more of such alternatives is suitable to accommodate the work , which would otherwise necessitate relocation of Puget' s Facilities. I MUT POWR FRMCRISE--Page 6 of 21 II i I III i �I ! In evaluating such alternatives, the City shall give each alternative proposed by Puget full and fair consideration with due liregard to all facts and circumstances which bear upon the j 1Ipracticality of relocation and alternatives to relocation. No 'lalternative proposed by Puget shall be evaluated by the City in an � arbitrary or capricious manner. In the event the City determines ;! that such alternatives are not appropriate, Puget shall relocate . its Facilities as otherwise provided in subsection 6. 1. 6. 5 Nothing in this Section 6 shall require Puget to bear any . cost or expense in connection with the location or relocation of any Facilities existing under benefit of easement or other rights not arising under this Franchise. Section 7 . Records of Installation Puget shall (at its expense) provide to the City, upon the city' s request, copies of available drawings and specifications in use by Puget showing the location of its Facilities within the Franchise Area. As to any such drawings and specifications so provided, Puget does not warrant the accuracy thereof and, to the extent the location of Facilities are shown, such Facilities are shown in their approximate location. With respect to any excavations by Puget or the City within the Franchise Area, nothing herein is intended (nor shall be construed) to relieve either party of their respective obligations arising under applicable law with respect to determining the location of utility facilities. Section 8. Placement of Facilities, Permits, coordination of Activities, Excavations 8 . 1 Puget shall at all times maintain its Facilities within ' the Franchise Area so as not to unreasonably interfere with the ,II PUGET POWER FRANCHISE--Page 7 of 21 i 11free passage of traffic or the use and enjoyment of adjoining !,property. Puget shall at, all times post and maintain proper barricades and comply with all applicable safety regulations during i such period of construction as required by the ordinances of the ; City or the laws of the State of Washington. I �I 8 . 2 Puget shall, in carrying out any authorized activities within the Franchise Area, comply with all applicable City ordinances, codes, regulations, standards and procedures as now or ;', hereafter amended, and shall obtain all necessary permits or approvals ; provided, however, that if any term or condition of this Franchise and any term or condition of such ordinances, codes, regulations, standards, procedures, permits or approvals are in conflict, the term or condition of this Franchise shall govern and control . In interpreting this subsection 8 . 2 , and unless a circumstance is otherwise explicitly addressed by this Franchise, the parties intend that the specific location of Facilities within the Franchise Area (and similar facility-related matters of a specific nature requiring detailed case-by-case analysis) are matters to be determined in accordance with applicable City ordinances, codes, regulations, standards and procedures and are therefore matters beyond the scope of this Franchise. 8 . 3 Puget and the City shall each exercise best efforts to coordinate construction work either may undertake within the Franchise Area so as to promote the orderly and expeditious performance and completion of such work as a whole. Such efforts shall include, at a minimum, reasonable and diligent efforts to keep the other party informed of its intent to undertake such construction work. Puget and the City shall further exercise best jefforts to minimize any delay or hindrance to any construction work , either may undertake within the Franchise Area. i 8 . 4 If, at any time or from time to time, either Puget or the ! City shall cause excavations to be made within the Franchise Area, PUGET POWER FRANCHISE--Page 8 of 21 I l jthe party causing such excavation to be made shall afford the + other, upon receipt of a written request to do so, an opportunity Ito use such excavation, provided that: (a) such joint use shall not unreasonably delay the work of the party causing the excavation f Ito be made; and (b) such joint use shall be arranged and ' accomplished on terms and conditions satisfactory to both parties. 8 . 5 The City may, from time to time during the term of this Franchise, adopt policies with respect to the Franchise Area which encourage joint use of utility facilities within the Franchise jArea. Puget shall cooperate with the City and explore opportunities for joint use of utility facilities within the Franchise Area that are consistent with applicable law and prudent utility practices. Section 9. Restoration after Construction Whenever it shall be necessary for Puget, in the exercise of its rights under this Franchise, to disturb the surface of the Franchise Area, Puget shall restore the surface of the Franchise Area to at least a condition the same as it was in immediately prior to any such disturbance. All concrete encased monuments which have been disturbed or displaced by such work shall be restored pursuant to all federal, state and local standards and " specifications. Puget agrees to promptly complete all such restoration work at its sole cost and expense. 1 Section 10. Emergency Work--Permit Waiver 10 . 1 In the event of any emergency in which Puget' s Facilities' located in or under the Franchise Area break, are damaged, or if ! i Puget's Facilities within the Franchise Area are otherwise in a ; jcondition as to immediately endanger the property, life, health on i' PUGET POWER FRANCHISE--Page 9 of 21 II I i ( safety of any individual, Puget shall, upon receipt of notification from the City of the existence of such condition, immediately take ( those actions as are necessary to correct the dangerous condition. 1 10. 2 If and to the extent reasonable actions on Puget's part �! rare necessary to respond to an emergency situation involving Puget Is Facilities within the Franchise Area, and such action would otherwise require the issuance by the City of an authorizing permit is or approval, the City hereby waives the requirement that Puget obtain any such permit or approval as a prerequisite to undertaking such activity; provided, - however, Puget shall subsequently apply for any such required permit or approval within ten (10) business days from and after the date of the commencement of such actions otherwise requiring such permit or approval . 10 . 3 Nothing in this Section 10 is intended, nor shall it be construed, as a hindrance to Puget' s ability to take such actions as it deems necessary to discharge its public service obligations in accordance with the laws of the State of Washington. Nothing in this Section 10 is intended, nor shall it be construed, as preventing the City from recovering from Puget, if otherwise so entitled in accordance with applicable law, any extraordinary costs in responding to an emergency situation involving Puget' s Facilities. Section 11. Lateral Support Whenever construction, installation or excavation of Facilities within the Franchise Area have caused or contribute to ; is condition that appears to substantially impair the lateral ] he Public Works Director may direct support of the Franchise Area, t ' Puget, at Puget' s own expense, to take such actions as are ', reasonably necessary within the Franchise Area so as not to impair the lateral support thereof. I I� PUGET POWER FRANCHISE--Page 10 of 21 i ii i I i 11 � i Section 12 . Recovery of costs 12 . 1 As specifically provided by RCW 35. 21. 860, the City may �Inot impose a franchise fee or any other fee or charge of whatever li Inature or description upon Puget, except that, as provided in RCW �135. 21. 8601 Puget shall reimburse the City for all actual 1administrative expenses incurred by the City that are directly related to receiving and approving a permit, license and this franchise, to inspect plans and construction, or to prepare a detailed statement pursuant to Chapter 43 . 21C RCW. Where the City incurs actual administrative expenses for review or inspection of activities undertaken through the authority granted in this franchise (and which such expenses are not duplicative of expenses which are reflected in some other City-imposes charge or fee) , Puget shall pay such expenses directly to the City. 12 . 2 This Franchise shall not authorize a principal use of the Franchise Area for purposes other than the transmission, distribution and sale of energy for power, heat, or light. The City acknowledges that Puget may, from time to time, make or allow incidental use of excess capacity of Facilities within the Franchise Area for other purposes. Section 13. Indemnification 13 . 1 Puget shall defend, indemnify and save the City harmless from any and all claims and demands made against it on account of injury or damage to the person or property of another, to the I extent such injury or damage is caused by the negligence of Puget li or its agents, servants or employees in exercising the rights, chise; provided however, that in the granted Puget in this Fran event any such claim or demand be presented to or filed with the City, the City shall promptly notify Puget thereof, and Puget shall ! li have the right, at its election and at its sole cost and expense,; 1 of 21 PUGET POWER FRANCHISE--Page 7 I � I. �I i I'; to settle and compromise such claim or demand; provided further, or action be begun against the City that in the event any suit based upon any such claim or demand, the City shall likewise f, and Puget shall have the right, at promptly notify Puget thereo its election and its sole cost and expense, to settle and compromise such suit or action, or defend the same at its sole cost ' and expense, by attorneys of its own decision. 13 . 2 In the event that (i) the City is required to defend a ,suit or action" as referenced in subsection 13 . 1 and (ii) the City is determined to be without fault for the claim or demand giving rise to such "suit or action, " then Puget shall reimburse the City for a percentage of the City' s total defense costs. The percentage of the City' s total defense costs to be so reimbursed shall be a percentage equal to the percentage (if any) of fault attributable to Puget for the claim or demand giving rise to such "suit or action. " 13 . 3 The provisions of this section shall survive the expiration or termination of this Agreement if the basis for any such claim, demand, suit or action as referenced in subsection 13 . 1 occurred during the Franchise term. Section 14 . Insurance 14 . 1 Puget shall procure and maintain for the duration of the Franchise, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Puget, its agents, bconsultants or subcontractors. representatives, employees, su '! 14 . 2 Before beginning work on the project described in this ; Agreement, Puget shall provide a Certificate of Insurance or proof I of self-insurance evidencing: 11, PUGET POWER FRAHCHISE--Page 12 of 21 Ii ,I it 14 . 2 . 1 Automobile Liability insurance with limits no less than $1, 000, 000 combined single limit per accident for bodily injury and property damage; and 14 . 2 . 2 Commercial General Liability insurance written II on an occurrence basis with limits no less than $11 000, 000 11 combined single limit per occurrence and $2 , 000, 000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual ; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer' s liability. 14 . 3 Any payment of deductible or self insured retention shall be the sole responsibility of Puget. 14 . 4 The City, its officers, officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of Puget and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance or proof of self- insurance. 14 . 5 Puget' s insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer' s liability. 14 . 6 Puget' s insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days ,I prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. l I' 14 .7 In lieu of the foregoing insurance requirements, Puget may self-insure against such risks in such amounts as are (I PUGET POWER FRANCHISE--Page 13 of 21 j �i j�,, consistent with prudent utility practices. Puget shall, upor City with sufficient evidence that such self- request, provide the ' insurance is being so maintained. i! ,! Section 15. Moving Buildings within the Franchise Area 15. 1 If any person or entity obtains permission from the City to use the Franchise Area for moving or removal of any building or other object, the City shall , prior to granting such permission, require such person or entity to make any necessary arrangements with Puget for the temporary adjustment of Puget' s wires to accommodate the moving or removal of such building or other object. Such necessary arrangements with Puget shall be made, to Puget' s satisfaction, not less than fourteen (14) days prior to the moving or removal of said building or other object. In such event, Puget shall at the expense of the person or entity desiring to move or remove such building or other object, adjust any of its wires whicr may obstruct the moving or removal of such building or other object, provided that: 15 . 1. 1 the moving or removal of such building or other object which necessitates the adjustment of wires shall be done at a reasonable time and in a reasonable manner so as not to unreasonably interfere with Puget' s business; 15 . 1. 2 to the extent practical , where more than one route is available for the moving or removal of such building or other object, such building or other object shall be moved or removed along the route which causes the least interference with Puget's business; and I II I 15 . 1. 3 the person or entity obtaining such permission ' from the City to move or remove such building or other object , shall be required to indemnify and save Puget harmless fror PUGET POWER FRANCHISE--Page 14 of 21 � I I� I ! �j any and all claims and demands made against it on account of I injury or damage to the person or property of another arising out of or in conjunction with the moving or removal of such building or other object, to the extent such injury or damage is caused by the negligence of the person or entity moving or removing such building or other object or the negligence of the agents, servants or employees of the person or entity it i moving or removing such building or other object. + Section 16. Abandonment of Puget' s Facilities None of Puget' s Facilities within the Franchise Area may be abandoned by Puget without the express written consent of the City. Any plan for abandonment or removal of Puget' s Facilities within the Franchise Area must be first approved by the Public Works Director, and all necessary permits must be obtained prior to such work. Section 17 . Modification 17 . 1 This Franchise may be amended only by written instrument, signed by both parties, which specifically states that it is an amendment to this Franchise and is approved and executed in accordance with the laws of the State of Washington. Without limiting the generality of the foregoing, this Franchise (including, without limitation, Section 13 above) shall govern and ', : supersede and shall not be changed, modified, deleted, added to, supplemented or otherwise amended by any permit, approval, license, ' agreement or other document required by or obtained from the City ! lin conjunction with the exercise (or failure to exercise) by Puget of any and all rights, benefits, privileges, obligations or duties ; in and under this Franchise, unless such permit, approval, license, agreement or other document specifically: PUGET POWER FRANCHISE--Page 15 of 21 j it II j II I I! I' !I 17 . 1. 1 references this Franchise; and I 17 . 1. 2 states that it supersedes this Franchise to the ! ! extent it contains terms and conditions which change, modify, it delete, add to, supplement or otherwise amend the terms and i j� conditions of this Franchise. In the event of any conflict or inconsistency between the provisions of this Franchise and the provisions of any such permit, approval, license, agreement or other document, the provisions of this Franchise shall control. 17 . 2 The city and Puget hereby reserve the right to alter, amend or modify the terms and conditions of this Franchise in accordance with the provisions of this subsection 17. 2: 17 . 2 . 1 At any time during the term of this Franchise, the city or Puget may request, by written notice, that the other promptly join in negotiations to alter, amend or modify the terms and conditions of this Franchise. 17 . 2 . 2 Within a reasonable time after receipt of the notice required by subsection 17 . 2 . 1, the city and Puget shall , at a mutually agreeable time and place, commence negotiations to alter, amend or modify the terms and conditions of this Franchise. The city and Puget shall conduct such negotiations in good faith and with due regard to all pertinent facts and circumstances; provided, however, that neither the city nor Puget shall have any obligation to agree to any proposed alteration, amendment, or modification; provided further, however, that no rights or privileges granted by this Franchise shall be prejudiced, impaired or j; otherwise affected by the failure of the city or Puget to li agree to any proposed alteration, amendment or modification. PUGET POWER FRANCHISE--Page 16 of 21 17 . 2 . 3 Neither the City nor Puget shall be obliged to Iicontinue negotiations after the expiration of ninety (90) days from the date such negotiations are commenced; provided, however, the City and Puget may agree to continue such negotiations for an additional time period. I I I j' 17 . 2 .4 Any alteration, amendment or modification �I agreed to by the City and Puget shall be submitted to the Council of the City as a proposed ordinance. The ordinance so proposed shall expressly provide that unless Puget files a written notice of acceptance with the Clerk of the City within sixty (60) days of its effective date, the ordinance shall have no force or effect and this Franchise shall not be altered, amended or modified. To the extent permitted by law, each party shall bear its own costs in connection with the alteration, amendment or modification of this Franchise. 17 . 3 This Franchise is subject to the provisions of any applicable tariff now or hereafter on file with the Washington Utilities and Transportation Commission or its successor. In the event of any conflict or inconsistency between the provisions of this Franchise and such tariff, the provisions of such tariff shall control. Section 18. Forfeiture and Other Remedies 18 . 1 If Puget willfully violates or fails to comply with any of the provisions of this Franchise, or through willful or unreasonable negligence fails to heed or comply with any notice �i given Puget by the City under the provisions of this Franchise, then Puget shall, at the election of the Kent City Council , forfeit all rights conferred hereunder and this Franchise may be revoked or ! annulled by the Council after a hearing held upon reasonable notice, to Puget. PUGET POWER FRANCHISE--Page 17 of 21 I 18 . 2 The right of the City to declare a forfeiture pursuant to subsection 18 . 1 is a remedy in addition to, and is not a limitation of, the rights, remedies or actions available to either party by reason of the other party's noncompliance with the terms and conditions of this Franchise. Section 19. Cost of Publication The cost of the publication of this Ordinance shall be borne by Puget. Section 20. Acceptance After the passage and approval of this ordinance and within sixty (60) days after such approval , this Franchise shall, if accepted by Puget, be accepted by Puget by its filing with the City Clerk an unconditional written acceptance thereof. Failure of Puget to so accept this Franchise within said period of time shall be deemed a rejection thereof by Puget, and the rights and privileges herein granted shall, after the expiration of the sixty-day period, absolutely cease and determine, unless the time period is extended by ordinance duly passed for that purpose. Section 21. Survival 21. 1 With respect only to matters arising during the period of time this Franchise shall be in full force and effect, the parties intend that any term or condition applicable to such matters shall survive the expiration or termination of this Franchise to the extent such survival can be reasonably inferred under the circumstances presented and to the extent such ar PUGET POWER FRANCHISE--Page 18 of 21 i i is inference is necessary to prevent substantial injustice to an injured party. i 21.2 The terms and conditions of this Franchise shall be , binding upon the parties ' respective successors and assigns. I 'iSection 22 . Severability I! If any section, sentence, clause or phrase of this iFranchise should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Franchise. Section 23 . Assignment Puget may not assign or transfer this Franchise without the written consent of the City Council of the City, which_ consent shall not be unreasonably withheld. Any assignee or transferee shall, at least thirty (30) days prior to the date of any assignment or transfer, file written notice of the assignment or transfer with the City, together with its written acceptance of all of the terms and conditions of this Franchise. Notwithstanding the foregoing, Puget shall have the right, without such notice or such written acceptance, to mortgage its rights, benefits and privileges in and under this Franchise to the trustee for its bondholders. i� I I i i I! PUGET POWER FRANCHISE--Page 19 of 21 i I i II I :; Section 24. Notice I! �i Any notice or information required or permitted to be given to the parties under this Franchise agreement may be sent to the following addresses unless otherwise specified: City of Kent Director of Public Works 300 West Gowe Kent, WA 98032 Puget Sound Power and Light Company Attn: Manager, Kent Business Office 620 South Grady Way P. O. Box 329 Renton, WA 98057-0329 Section 25. Effective Date This Ordinance shall take effect thirty (30) days after its execution; having first been submitted to the Kent City Attorney for approval ; after one introduction by the City Council at a regular meeting; after having been published at least once in a newspaper of general circulation in the City of Kent; and finally, having been granted an approving vote of at least a majority of the City Council at a regular meeting. DAN KELLEHER, MAYOR it it .'I PUGET POWER FRANCHISE--Page 20 of 21 � I I ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY FIRST READING the 2 day of March , 1993 . PASSED the day of 1993 . APPROVED the day of , 1993 . PUBLISHED the day of /Y1 1993 . I hereby certify that this is a true copy of Ordinance No. 3 0 '7 4-) , 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 PPWRFRN4.puk PUGET POWER FRANCHISE--Page 21 of 21 Kent City Council Meeting / �Jv Date March 16- 1993 Category Consent Calendar 1. SUBJECT: ( TRANSFER OF OWNERSHIP Of KING COUNTY TURNKEY PARK-,,, 2 . SUMMARY STATEMENT: Authorization to accept transfer of title from King County for Turnkey Park located in the City Of Kent. 3 . EXHIBITS: Letter from King County, map of turnkey Park, legal description 4 . RECOMMENDED BY: Parks Committee (2-0 Houser absent but approved Consent Calendar) • Parks Dent. Staff (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. 3E King County Parks Division Parks,Planning and Resources Department 2040 84th Avenue Southeast Mercer Island,Washington 98040 (206)296-4232 (206)296-4341 Fax February 10, 1993 Barney Wilson, Director City of Kent Parks and Recreation 220 4th Avenue South Kent, WA 98032 RE: Turnkey (East Hill) Park Dear Barney: You and I had a brief discussion in late 1992 about the City of Kent taking over the operation of King County's Turnkey Park. King County Parks is at the decision point regarding this site, as there is no funding for maintenance in 1993. In order for us to close this site, it will be necessary to remove all park enhancements (i .e. playground equip- ment, basketball hoops, benches, etc. ). Removal needs to be completed prior to March 1, 1993. If you are interested in having the park transferred to the City of Kent, please advise me by February 26, 1993. If you have any questions or need further information, please contact me at 296-4169, or Randy Schroers, Chief of Park Maintenance, at 296-4248. Sincerely, Barbara Wright Manager BW:RS:la cc: Linda Daugherty, Associate Manager, Parks Division Randy Schroers, Chief, Park Maintenance Craig Parker, Deputy Prosecuting Attorney Keith Mitchell, Deputy Risk Manager, Office of Risk Management 1 3 4 .63 rr� 9 a 60. 131 i 100( 3007 — rz a, Lau re W - ,:3 i „ Mantyla +, 700 a i 1 59 Ac. � 6� E.230TH ti 1 i Jt!r[rr YZ.OZAc. Wm. B. Lew"sz_/rs F ' 67PJ4O 1 Y I © Lloyd C. Daman d0 ____________-_ ' — ----IQ - ;�LJW. 60 1.63 Ac O rzbFl��,III o 0 3� O E. W. J. Knott 40 04 _ James Kom6to [, E. J. Knott r�r . _ - 64` 6 6Z- 6 I( K 60 ' - -932ND= e 1. c 07 l) Joe nno j a46Ac. W.J. Q- i N ' - ------� f' F. 1.75 Ac. ��� .8r Knott , N Paul Jordan Cl "N 057Ac. � r r r t973 c. �, �223At. SlTT(1) (2) W I ® ® "'! r-_ r -ibP. eo >o O 3 1 0D '1 `�-�•O J m O I` a - cQtz !0 a o�� _ + -- I21 7ssa sa _ v I ` _Iz $Cn m z aso-R 3.24 i we -- _ 9 N3 - J �`" r 2J4M ,30 UNITS PHASE III r 0 YM UNITS � ^° �c La,43 - s VjOO 3 0� ----7.94 (7/ A CONDO. ^ PHASE II 12 UN1T5 D r (� PHASE 1 � N �><s �. . s ^' I A HASE—IV : 77 --- —-- - at 12 UNIT 47]I , .I�rs 24 UNITS s CJ 0011 G i42.N Q. W.J. Ryd 064Qc PHASE 1 16 UNITS 2i5Ac g, K. Homes amp 70N �( J 130 s Pit v 71td z _ (-TUUATE 6-i5- 73 r:Z"Qf<61) APPROVED RENT NEIGHBORHOOD PARK #3 Legal Vescription The northwest quarter of the northwest quarter of the southwest quarter of Section 17, Township 22 North, Range 5 East, W.M. : LESS the west 330 feet of the north half of said subdivision; LESS the west 330 feet of the north 135 feet of t:te south half of said subdivision; LESS the west 145 feet of that portion lying south of ,the south line of the north 165 feet of the south half of said subdivision; LESS, beginning at the intersection of the north line of said subdivision with the east line of 100th Ave. S,E , ; Thence, east on said north line a distance of 330 feet to the true point of beginning; Thence, sou�h 148 .5 feet; Thence, west 30 feet; Thence, north 148.5 feet to said north line; Thence, east along said north line a distance of 30 feet to the true point of beginning. '6.400 acres Kent City Council Meeting �✓ Date March 16, 1993 Category Consent Calendar 1. SUBJECT: KENT LIBRARY - ANNEXATION TO KING COUNTY LIBRARY SYSTEM ORDINANCE 2 , SUMMY STATEMENT: As recommended by/the Operations Committee on February 16, 1993-.,, approval of Ordinance #20 to initiate a process of potential annexation of the City toe King County Rural Library Districtf�, The information his annexation has been previously reviewed at a Council Workshop 6€ November 17, 1992 where the only issues seemed to be the cost of a special election and the timing of the one time only savings to the City. The Library District will extend the 1993 contract amount for 1994, saving the City approximately $300, 000, if a favorable vote is obtained at the Cityi 'ter mat September 14, 1993 primary election. "�'�a== ' tom it is the intent of the City to reduce its property tax levy beginning in 1995 by the amount of the 1994 library services contract. The Kent Library Board have recommended approval of this ordinance. 3 . EXHIBITS: Ordinance, minutes of 11/17/92 Council Meeting, letter with King County Library District, library analysis 4. RECOMMENDED BY:Operations 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: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3F ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, initiating the process which will result in a special election to determine whether the City of Kent shall be annexed to the King County Rural 'i Library District; declaring the required intent to join the library district; and finding that such annexation is in the public interest. WHEREAS, public library service is an important and essential service to the people of the City of Kent to assist them in meeting their needs for information, recreation, and self education; and WHEREAS, a public library service has been provided by the City through a contract with the King County Rural Library District; and WHEREAS, Chapter 27 . 12 of the Revised Code of Washington provides a process for the annexation of the City into the Rural Library District; and WHEREAS, the King County Board of Trustees reconfirmed at ,! their meeting of January 28, 1993 that the Library System would i maintain the 1994 contract cost for library services to Kent at the : 1993 amount if annexation is passed any time during 1993 ; and WHEREAS, if annexation into the King County Rural Libraryi i 11 District is approved, it is the intent of the City of Kent to i� reduce its property tax levy beginning in 1995 by the amount of the : li ' i ji 1994 Library Services Contract fee, as a means to best establish a tax neutral impact to the taxpayers of Kent as a result of such i� annexation; and j WHEREAS, annexation will not change or have any effect on the ownership interests of the City and Library District in the building and real property where the library is situated, which interests are set forth in existing agreements between the City and the Library District; and WHEREAS, this ordinance has been submitted to the Library Board of the City of Kent for its review and recommendation, and the Board has recommended to the City Council that such ordinance Abe adopted; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City hereby initiates the process of ,; potential annexation of the City to the King County Rural Library District by stating its intent to join the Library District and by finding the public interest served by so doing. Section 2 . The City Clerk is directed to transmit this ordinance to the King County Rural Library District Board of Trustees and, if the Board of Trustees concurs in the annexation, Tito take the further steps outlined in Chapter 27 . 12 RCW to place this question before the voters at an election to be held in the ' City on September 14 , 1993 , the date of the primary election, or as soon thereafter as practicable pursuant to RCW 27 . 12 . 370 and RCW 29. 13 . 010. 'I 2 �I iI I i i Section 3 . Effective Date. This ordinance shall take ieffect and be in force thirty days after its passage, approval and i! ,, publication. I DAN KELLEHER, MAYOR 4ATTEST: 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 ;jhereon indicated. ij (i (SEAL) I{ BRENDA JACOBER, CITY CLERK �i library.ord 3 I I November 17 , 1992 COUNCIL (OTHER BUSINESS - ITEM 4C) City Representation. The purpose of this resolu- tion is to establish guidelines for obtaining the City Council ' s position on any vote or other action on behalf of the City regarding major policy issues when . the Mayor or any Councilmember represents the City on any board, commission or agency outside the City. JOHNSON MOVED for adoption of Resolution No. 1335 regarding City representation before boards, com- missions or outside agencies. White seconded. White noted that sometimes when Councilmembers represent the City it is not always possible to find out how the others feel about a certain matter and said that this resolution is an expression of where the Council would like to be headed and they can now work toward accomplishing it. The motion then carried. LIBRARY (OTHER BUSINESS - ITEM 4D) Annexation to the Library District. The City Council at a workshop on November 3 heard a presentation from City staff and the Library District on the pros and cons of annexation to the Library District. The City could have an estimated one time only savings of $292 , 874 if the Kent voters approve annexation. Cost of the election is estimated to be $30, 000 whether the ballot issue is approved or not. The $30, 000 is based on $1. 50 per registered voter with 19 , 691 registered voters for the 1992 presidential elec- tion. The number could be less with voter purging after the presidential election or if other enti- ties have a ballot issue and can share the cost, or if a mail-in ballot is used at $1. 00 per regis- tered voter. Houser noted that this is the first time the Coun- cil has been informed of the cost for the election and that she is concerned about spending $30, 000 at this time. She stated that the Council was told that whether the annexation passed or failed the City would save $295, 000, a figure that is incorrect. She stated that this is an issue which needs to be fully explained to the citizens of the 19 November 17, 1992 LIBRARY City because it is complicated, and noted that she is not ready to vote on it yet. Upon White' s suggestion that the issue be on next Fall 's ballot, Mr. Ptacek explained that whether this annexation is voted upon tonight or at another time, the King County Library System is willing to go out and do the job necessary to accomplish the goal. He explained that the con- tract between King County and the City of Kent will go up whether the City is annexed or not, but until then it would cost less to annex. He noted that in order to receive the one-time savings an election would have to take place before May, 1993 , and become effective in 1994 . He noted that the Library District has looked into whether they could get involved with election costs several years ago and found that they could not for many reasons. White suggested tabling this matter and researching what elections may be coming up. Woods suggested deferring this issue until a later date, and it was so agreed. Ms . Dreblow of the Library Board and Friends of the Library agreed that they would go all out to try to ensure a successful election. Pam Stephens, 18250 - 317th Street, said that she gets immediate help from Kent ' s research department, but not from King County ' s. Woods assured her that this particular library has been designed to provide that service, and that would not change. REPORTS Council President. Woods noted that tours of the new Senior Housing facility can be arranged through Alana McIalwain. Operations Committee. Houser announced that the Operations Committee will meet at 2 : 00 p.m. on December 1st, which is one hour earlier than usual. She added that they will hear staff reports from department heads. Planning Committee. Orr announced to the Council that she is currently serving on a school task force that will be developing a report on the level of service which will be given to the Kent School Board in January, and encouraged their input. 20 MEMORANDUM DATE: February 11, 1993 TO: Christi Houser, Operations Committee Chair Leona Orr, Operations Committeemember Jim White, Operations Committeemember FROM: Tony McCarthy, Chief Executive Officer � �fli�1CMc£ SUBJECT: -mesel--tien on Annexation to the Library District The King County Board of Trustees reconfirmed at their meeting of January 28, 1993 that the Library System would maintain the 1994 contract cost for library services to Kent at the 1993 amount if annexation is passed any time during 1993. This action would allow a fall 1993 vote which would eliminate costs associated with a special election. If passed the City would have a one time only savings in 1994 of$237,596. in 1995, based on prior Council discussion, the City would reduce its property tax levy to offset the new library district levy so the proposal would have a no new tax impact to the citizens. The Library System has requested that if the City wishes to pursue this option, a resolution be passed by April 30th so the item can be scheduled for the September 1993 regular election. King County Library System RECEIVED 300 8th Avenue North • Seattle, Washington 98109-5191 • (206)462-9600 FEB 1 1993 ADMINISTRATION .January 29, 1993_ Mr. Tony McCarthy City Manager City of Kent 220 4th Ave S Kent, WA 98032 Dear Tony: (11et-y0Fa1--ret7xest�he King County Board of Trustees reconfirmed at their meeting of January 28, 1993 that the Library System would maintain the 1994 contract cost for library services to Kent at the 1993 amount if annexation is passed any time during 1993.) Therefore, the Library District would support the same arrangement we discussed last year for a Fall 1993 vote. Again, if the City is interested in pursuing this action, we would encourage a resolution by the Council well enough in advance so that the paperwork could be processed. Please contact me if you have any questions. Sincerely, Bill Ptscek Libraries 1,ocaled In: Algona, Bellevue, Black Diamond, Bothell, Boulevard Park, Runen, Carnation, Des Moines, Duvall, Fairw-ood, Fill City, Federal Way, Fester, Issaquah, Kenmore, Kent, Kingsgatc, Kirkland, false Forest Park, lake Hills, Maple Valley, Mercer Island, Muckleshoot, Newport Way,North 13end,Pacific,Redmond,Richmond Reach,Shoreline,Skykomish,Skyway,Snoqualmie,Tukwila,Valley View,Vashon,White Center CITY OF KENT LIBRARY ANALYSIS OCTOBER 29, 1992 overview: The City is authorized by the State Legislature to b2come part of the King County Library system(KCLS) by the annexation method which requires voter approval (simple majority) . An election would have to held prior to May 15, 1994 to be effective for the 199� budget/tax year. Annexation transfers the responsibility for providing library services from the City to the Library District and removes the City' s obligation to pay for these services from its General Fund. Annexation allows the Library District to levy property taxes for library services within the City limits of Kent. Annexation to their district would terminate the City' s contract with the KCLS . • Annexation Issues: 1 . City would obtain a one time only contract savings estimated to be This would accrue if the City put the item on the ballot and ' it passed. This would reflect the Library District maintaining the 19913 contract amount of $i `r2 6 into 1994- Per contract the 199A_ estimated amount is Originally the City would save by just putting the- annexation on the ballot. 2 . Library District would no longer be dependent on a negotiated contract with the City, but would have a more stable tax base to fund it ' s annual operations . 3 . City could obtain an annual expenditure savings approximately equal to the 1994- estimated amount of These funds could be used for any governmental purpose or the City could reduce it ' s tax levy by any amount up to the savings. The Library District is authorized a levy rate up to $ . 50 per $1, 000 of assessed valuation. The Library Board supports annexation only if the City authorizes an equivalent reduction in taxes. An alternative plan would be for the City to not reduce their levy by the debt service amount on the library building for 1994 through 2007 as shown *in schedule A attached. 4 . Per state law the City could be compensated for it's one-half interest in the existing library building for which the City contributed to in the form of a 3 . 4 million dollar bond issue and a $743 , 245 cash contribution. See schedule A for the amount of debt service the Capital Improvement Fund pays annually. The Library District proposes co-ownership, so no funds would change hands . Downside Issues: Proposal will be difficult to sell the citizenry unless the City taxes are reduced by at least the amount of the Library District levy. The City will not want to jeopardize its long-term financial stability so it will probably want an exact offset. Schedule A attached shows how this might be accomplished. r ■ a a r a a -< H r w r r r — D n r r _— w A A < N ID cr N �. <N <9 7 G m G a s x X A d O �. . o o m 7 J tD <r .`- O. d d N ] n 6• a m * P D z a m n m 0 o- U O w C Z Z • � 0 a N W W W a 3 O n N O fO O O N O M N W N d _ �' � 3 r N V V 10 y O i ut p P �J aNn O V W N O •O J p N " N 11 O J V WZF! "Co 'U4 _ .O ... N .J' .o Z fD D1 •D P -+ O O p N VNi p+ P `�O ONL�I P •O N < W N O m O p P N p W VI N O P W N N N p V N G X x W W a w N N V A V P w N W p _ `O V ...�-4 '0 ~ ry co 0 `O W N .•.ppO W W :v •�O W O m V O O p -. v� xf O O j 0 0 c D V r .O P V co 0. VV •p p `O l`� W •O PO t j •O O O W �A O W P V O •O `•� O .O P N .O •O�n P W WWWWWW W f W Vl 10 C W f W W f W x x x W x W _ • W. .o ..O - .O .pr O V V V m f p coP P O P O N d W N r _+ W .O F � W N .O � W d N V r m O W i P Op O _f W Ow P` p` a W V j V -.0 .0 p `O W N p `O N W `O �1 W 10 N f W `O p y W co P p p p `O fJ W p f W p W pO \ p f ` N ] •O .Np .Np `O f r d .O •O .� .O a _ G .f � •O W N f •O O V _ •O N N •O 'CO O V V •p •O •O p •p •O •O O P •O .O P V O p W d N •O O f -+ N •O 0' W -' N `O d �n -+ f •O p V V N x �• f � f f y N p 0 Q. • O p .ppO f N O O W _ j N .C. O. � •O Op p �.n . 10, p . _ W O v+ P •O •_ V p _ d .N .O N V •� d r N In P O O N p U ] N W O O O _ N N N p VI W O V V N V W f f .O f N P _ W O •O U N P p N N N V _ O. p- f W W P •O •O •p d d d •+ d d p •O •O •O N W O •O p N O •O P•O N O V W V W f V p f V N W f V N f O P N P W P N f .O W N N N O O J N P N N V O p O V�1 O p W r 0 p •O Op p W ._ O Q W .p W •O •O •O W d �n N r p O P r Wn P 0, to .O f'O W d f N lJ1 10 V p P W f p N W W f CO O •O W f p x x N p p W N co f •O +i .pp a N J N pp 10 W J N W .O O P ... j IV O P f N N W � O W Op P V- p j. Co. . O. N Co f P O •O O .gy.pp p 0 0 �A O •O p P •� .O -` W `O N W W cod � O• m C` P V W p •O O V W CO `O x . W x C.- -4 p N P N P u P N O W o. '' O W N N N •O O P ..pp O N W O O V� N P N v� N . O pp.. pOp f OVV. f •p `O O P •O •o O W fN A O O V A p P W f O V f 0 f •O W VI O W anO ty, � c, is P x W x P P O. C. V co • p N W N N N ..pp f m O f _ m N •O _ W N •O •O J O! •ONOp N W OO coN W W co •p W N W N� •O •w_ `O O •p0 Of10 •w_ •O O P �l •p_ •O O V N N O 1n W W pa O V W O �V�! W f .O m W 1` 'Itx j m .O � f •W' N •W' P C , O 0, J O. N CO O p pp 1 t m N tNl1 V N O d N :� O f N a W P N '' •O V ppa p r O O N O O x x x x Annexation of the City of Kent to the King... County Rural Library District Background Annexation was authorized by the Washington State Legislature to provide cities and towns with an alternative method of funding library services in their communities. Annexation shifts the obligation to provide library services from the City's general fund to the Library District. Once annexation is passed by the voters, property held within the city limits is assessed at the same rate as property in the Library District's. service area. All property in unincorporated King County and in annexed cities is assessed at the same rate. The maximum rate for library operations bas been set by state law at $-50/$I,000 assessed valuation- The levy rate in 1992 is $.43/$1,000 assessed valuation. Annexation can be reversed by a City Council initiated election any time three years after the initial vote to join the Library District. Cost The contract fee for the City of Kent for 1992 is $1,152,145.59 (or 8.30/$1,000 assessed valuation). The contract amount is expected to increase over the next two years to bring all areas into equity with the county-w-ide rate by 1994. The cost for operating the Kent Regional Library is estimated at $1.8 million in 1992. Kent city residents also use the facilities, collections and services of libraries in the area and throughout the county. The new Cuviiigtun Library, slated to open in 1993, will also serve Kent residents and is estimated to cost $700,000+ in 1993, and $1.2 million in 1994. Facilities and Services The City of Kent provides library services for its residents through a contract with'the Library District to provide materials and services through the Kent Regional Library. The building is jointly owned by the City and the Library District. City residents may use any of the Library District's'37 branches, and have access to all materials and services offered by the system, including interlibrary loan, books by mail, programs, and other services. Residents who were in the city limits prior to 1988 did not vote on and arc not paying for the Library District's 1988 bond ineasure. 'Mey dre not paying on this measure nor would they be obligated to do so if the city annexes to the library district. Any areas of the county that were annexed Into the City after 1988 are paying on the bond, and would continue to do so if annexation passes. Timing of the Election 1�� �io The following dates would be suitable for annexation to be in effect in 1994: February, March, April special election dates in 1993. In order for annection to be in effect the following calendar year, the election must be certified by June 1 of the previous year, The May election date does not allow sufficient time for certification by the June 1 deadline. Process The City and the Library District develop an iuterlocal agreement to ensure provision of library services in the interim period between a successful election and the time that revenue is collected by the District. Local library board recommends or concurs with annexation proposal; prepares short written statement supporting annexation for copy of board minutes of such). City Council passes resolution in support of annexation (samples K 1�a ;tt available). City approves interlocal agreement. City forwards both documents to KCLS Board of Trustees for concurrence. KCLS Board passes resolution concur-r-inLT with request for annexation. Documents are forwarded to County Council staff. County Council votes to out the me sure on the ballot, and fon=yards documents to Elections Division. For example,for the February 2,1993 ballot - all paperwork needs to be to the County raid-to-late November, 1992; documents are then forwarded to Records and Elections by mid-December. Annexation requires a simple. rriajnrity to pass (nn v2lidatinn requirement). In some cities, the library board and/or friends group has formed a campaign committee, raised money, and sent out 'vote yes" mailings. In other cities, the effort has been lcss organized, with individual letters to the editor or phone calling conducted on behalf of annexation. The library system prepares voter inforivation materials and has these available in the library and for distribution. Some cities have included information. with utility bills or in newsletters. Election is held. City residents vote. Election is certified _(approximately 10 days after the election). Considerations For the City: *The City does not have to be responsible for oversight of or budget allocation for library operations. The budget for library operations is not in competition with other necessary municipal services. *The City retains a voice in library operations through the City- appointed library board. Members of the local board serve as a vital link between the City, library users, Library District administration, and Board members of the Library District. 'The Citys taxing a>>thority decreases by the library levy. For example, if the City is authorized to Ievy $3.60, that amount is reduced to $3.10, For the Library District: *The District's ability to plan and budget for facilities, services, ced- materials, and staffDistric on a t is building dang a system os is f services that will make *The Library resources available to an residents of the countyroach and are not loc. Service areas at d mall part of that District facilitate this system app. artificial boundaries or constraints that political subdivisions can Services• The 'The Library District has one mission: to provide library Library District will direct all its energies in this direction. For the Resident: *In tcrms of paying for Library District services, the amount paid by the resident directly (annexation) or indirectly (citYs general fund) will be at the same rate by + ssurance that the Library District will continue its mission to vices as a critical element in maintaining and provide quality library ser enhancing the city's quality of life. express *Citizens are able to deal with one level of bureaucracy as they has sole responsibility far the concerns and wishes to the agency that service. "The City and the Library District place the issue before the voters; the voters make the choice. What Happens Amer Annexation Passes? The KCLS Board of Trustees has passed a resolution enouraging cities to appoint or to continue the appointment of a library, board. The Library District continues esentationst and a with ttendance at meee city through tings. local library board, publications, p In addition, the KCLS Board of Trustees holds its meetings at various library Iocations throughout the district, and members also attend mcctings of local boards. What other,Cities Have Annexed to the Library District? Voters in the cities of Bothell, Bellevue, Tukwila, Redmond,i hand North Bcnd, Federal Way, SeaTac. Black Diamond, Issaquah, Algona, Pacific, Medina, and Beaux Arts have opted to annex to the Library District. Statewide, over 80 cities have annexed to Library Districts. For more information on annexation to the Library District, see RCW 27.I2.360 (Initiation Procedure) and 27.i2.370 (Special Election Procedure). See RCW 84.09.030 for more information on Establishment of taxing district boundaries (June i deadline). (March 24, 1993) R E C E I V E D c;eptannber 22, 1992 SEP 2 8 1992 26604 104th. AVE. S.E. OFFICE OF THE MAYOR Kent, WA 9603 1 " Mayor Dan Kelleher Kent City Hall Kent, WA 96031 Dear Mayor- Kelleher, _ I reques-t the City of Kent consider annexation to the King County Library District. The current method of contrar_ting with the King County Library System for library services has served the city well in the past. In the future I feel the city, patrons of the rent Regional Library and the Kir"!g Fountry L ihrar-r1 gyytern cni_rld all benefit by annexation to the king County Library District. The city, could reduce expenditures by removing the contract fee frntTl its, budget. Thiti rotltr-ar_t amor_!nt is schedr_rled to incre;�se in futi"!r-e budgets. The patrons would continue to recei,-!e the same level of library library; services they now enjoy while paying a portion of their propert!; tqx to the King County Library District as do other county residents. The city %mould pass on its' bud get reduction to the city residents as a tax ��avings v, hich fir r"riost residents would be an amount sir"nil;n to the Library Distr-ir_t levy. A local Kent Library Board would continue to function at request of KCLS and Kent residents could be represented on the King County Library Board. Representation is not presently available. The KCLS would benefit from annexation by more stable revenue thror"!gh the Library District and by not having to negotiate a contract with Kent in each annual budget cycle. I-ly recommendation stipr.!lates the City of Kent reduce its revenue collection by an amount equal to the current budget library services contract amount. City residents roust not be subject to a tax increase by choosinn to pay for library services through the Library District levy rather than through city taxes. Others may see an opportunity to pledge present library services budget amount to other use. Such manipulation of expenditures would be a tax increase that I would oppose. Sincerely Theodore A. Ripley President Kent Library Board (L, A A� N- M, Kent City Council Meeting Date March 16, 1993 Category Consent Calendar SUBJECT: _j- ECONOMIC DEVELOPMENT COUNCIL S _ 1.� 2 . SUMMARY STATEMENT: t uthorization for the Mayor to execute a service contract with the Economic Development Council of Seattle and King County (EDC) -in--a Gon4cm=t to perform services,agdeseribedi7 said "" tram' ('n'... i •. -:� {.". ;.El {l,ti E��'IY4r.zL �. .c.� 3 . EXHIBITS: Service contract 4 . RECOMMENDED BY: Operations Committee (2-0 Houser absent but as roved Consent Calendar) (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. 3G AWCOALITION FOR A SOLINO ECONOMY Me RECEIvED t/FEB - 8 799.3 1510 Columba Sea/irstCentet CITY ADMiNIST IATION 701 fifth Avenue Seattle.Washington 98104 Telephone 2061386-5040 fax386-7811 February 5, 1993 Mr. Tony McCarthy Finance Director City of Kent 220 Fourth Avenue S. Kent, Washington 98032-5895 Dear Mr. McCarthy: Thank you for your 1992 membership in The EDC. Investments made by our public and private sector members enable The EDC's coalition of business, government, labor and education to address the issues critical to the economy of our region. And now, with the passing of another year, it is time to reinvest in The EDC and sign a membership contract. Your investment has permitted us to make progress on a number of areas. Here are a few examples: A new Competitiveness Initiative was established which is utilizing the concept of flexible manufacturing networks as a strategy for global competitiveness. The EDC assisted in the formation of a network for aerospace-dependent machine shops and is now participating in the "Build Them in Washington Coalition," a group of local shipbuilders joining together to seek a contract to build the slate's jumbo ferries. The Youth Investment conducted academic intervention programs for 1,500 at-risk students in Seattle public schools. In addition, the Earning by Learning program rewarded reading skills for 250 students at eleven sites throughout King County. The EDC brought together environmental interests, government planners, wetlands biologists, and affected businesses to develop workable solutions to the problems of regulating sensitive wetland areas. The task force published a report called The Wetlands Quagmire which cited regulatory weaknesses and recommended permitting changes to both facilitate development and protect valuable wetlands. A Regional Transit Proiect (RTP) Task Force was formed to study proposed transit alternatives and to analyze economic development impacts of the RTP. In addition, The EDC developed policy positions to strengthen the Growth Management Act and assisted in drafting King County's economic policies required by the GMA. The fconomrc DevelopmentCouncilOfSeafile 8 King County King County also sought our guidance in overseeing major reforms in the Building and Land Development organization. The EDC's Oversieht Committee is monitoring the county's permitting process and is working with county staff and the council to implement the structural changes in the department, now called Development and Environmental Services. The Commuter Challenge program, now in its third year, has assisted King County jurisdictions with the development of local ordinances required by Washington's new Commute Trip Reduction Law. While these activities have strengthened our business climate, there is still much to do. Our region faces many important decisions with significant long term impact. We will do our best to represent your interests and will keep you informed on our progress. A key EDC emphasis in 1993 will be building and sustaining a flexible, skilled and well- trained workforce for the future. We are currently researching the needs of the community with the goal of identifying a unique niche for the Education and Employment Committee. In addition, our Business Help Center will provide critical information that new and expanding businesses need to prosper. And we will continue to work with local governments to identify infrastructure investments necessary for a healthy business climate. Please look over the attached 1993 Service Agreement, which outlines The EDC's scope of work. Your membership dues will be $4,030.00. This amount is based on $.10 per capita, using the 1992 population figures issued by the Washington State Office of Financial Management. The agreement has been approved by EDC legal counsel, John Keegan of Davis Wright Tremaine, and includes our signatures. Assuming the agreement meets with your approval, please sign both copies and send one to The EDC, keeping the other for your records. If you have any questions or wish to alter or amend the contract, please call Elisabeth George, director of development & membership at 386-5040. Thank you again for being an essential part of our economic development coalition. We look forward to working with you in 1993. Sincerely, Victor L. Ericson President Enclosures ECONOMIC DEVELOPMENT COUNCIL OF SEATTLE & KING COUNTY PUBLIC SECTOR SERVICE CONTRACT CONTRACTING ORGANIZATION: City or Kent CONTRACT AMOUNT: $4,030.00 CONTRACT PERIOD: January 1 - December 31, 1993 THIS CONTRACT is entered into by the City of Kent (the Organization) and the Economic Development Council of Seattle & King County (The EDC), 2510 Columbia Seafirst Center, 701 5th Avenue, Seattle, Washington 98104. WHEREAS, The EDC is a private nonprofit corporation representing a coalition of business, government,labor, and education leadership dedicated to planning, developing, and implementing economic development strategies. WHEREAS, economic development strategies are those public and private actions which aid in enhancing a community's quality of life and bringing its citizens into the economic mainstream by planning and building local economic capacity such as: an effective education and training system; sound transportation and physical infrastructure; diversified private and public investments; and a competitive and skilled workforce. WHEREAS, the Organization desires to have certain services performed by The EDC as described within this contract. NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and agree to the following: 1. EDC SCOPE OF SERVICES The EDC shall perform the following services to the Organization: A. The development of a diversified economic base consistent with creating employment opportunities for King County residents and maintaining a high quality environment. B. The establishment of a close and ongoing working relationship with private businesses, labor, community organizations, and other units of government to protect and maintain economic vitality and to work toward bringing all King County citizens into the economic mainstream. C. The creation of a supportive business climate for private sector investment which encourages: 1. The retention of existing businesses and the revitalization of existing business communities 2. The expansion of existing businesses, and 3. The creation of new business firms. E)C11993 Contrxt/Pg 1 of 4 D. The promotion of mechanisms aimed at shifting commuter behavior away from the single-occupant automobile in order that existing transportation infrastructure can be utilized in the most efficient manner; and participating in future planning of such infrastructure in King County. E. The location of commercial and industrial facilities consistent with the land use and growth management goals, objectives and policies of the affected governmental jurisdictions. F. The-development of new businesses in King County and encouragement of investment by counseling and information services. G. The implementation of The EDC's five-year Strategic Plan adopted January 31, 1992 by its board of directors and membership. II. DURATION OF CONTRACT This contract shall commence on the 1st day of January, 1993 and shall terminate the 31st day of December, 1993. III. COMPENSATION AND METHOD OF PAYMENT A. The EDC shall be reimbursed for satisfactory completion of the services and requirements as specified in this contract in the amount of$4,030.00 to be paid annually in July. B. The EDC will provide quarterly activity reports. IV. INTERNAL CONTROL AND ACCOUNTING SYSTEM The EDC shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards. V. ESTABLISHMENT AND MAINTENANCE OF RECORDS The EDC shall maintain accounts and records, including personnel,property, financial and programmatic records, and other such records as may be deemed necessary by the Organization, to ensure proper accounting for all project funds and compliance with this contract. VI. AUDITS AND INSPECTIONS A. The records and documents with respect to all matters covered by this contract shall be subject at all times to inspection, review, or audit by the Organization and/or federal/state officials so authorized. B. The EDC shall have its annual financial statement audited by an independent certified public accountant. Copies of any such audit or review performed by an independent certified public accountant shall be provided to the Organization. If the independent certified public accountant issues an internal control or management letter, EDC/1993 ConvacUPg 2 of 4 The EDC shall so notify the Organization and it shall be made available promptly to the Organization for review. C. The EDC shall provide access of its facilities to the Organization, the state and/or federal agencies or officials at reasonable times to monitor and evaluate the services provided under this contract. The Organization will give advance notice to The EDC in the case of fiscal audits to be conducted by the Organization. VII EVALUATION The EDC agrees to cooperate with the Organization or its agent in the evaluation of The EDC's performance under this contract and to make available all information reasonably required by any such evaluation process. VIII. TERMINATION This contract may be terminated without cause, in whole or in part, prior to the date specified above in Section II, by either party providing the other party give thirty (30) days advance written notice of the termination. IX: INSURANCE The EDC shall procure and maintain for the duration of this agreement insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by The EDC, its agents, representatives, employees or subcontractors. The EDC shall pay for this insurance. X. NONDISCRIMINATION A. During the performance of this contract, neither The EDC nor any party subcontracting under authority of this contract shall discriminate on the basis of race, color, sex, religion, nationality, creed, sexual orientation, marital status, age, or the presence of any sensory, mental or physical handicap in employment or application for employment or in the administration or delivery of services or any other benefits under this contract. B. In the event The EDC determines to subcontract for the performance of services hereunder, The EDC shall make affirmative efforts to utilize minority and women-owned business enterprises ("M/WBE"). In its activity reports, The EDC shall identify the extent to which it was able to secure participation of M/WBEs. XI. CONFLICT OF INTEREST The EDC covenants that no officer, employee or agent of The EDC who exercises any functions or responsibilities in connection with planning and implementing the program funded herein, or any person who presently exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein, or any person who presently exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein shall have any personal financial interest, direct or indirect, in this contract. None of the funds, materials, property or services provided directly or indirectly under this contract shall be used for EDCl1993 ContracOg 3 of 4 any partisan political activity or to further the election or defeat of any candidate for public office. XII. INDEMNIFICATION The EDC shall hold the Organization and its officers, agents and employees acting in the capacity or course of employment, harmless from all suits, claims or liabilities of any nature, including costs and expenses, for and on account of injuries or damages sustained by any persons or property resulting in whole or in part from activities or omissions of The EDC pursuant to this Agreement, or on account of any unpaid wages or other for services; and if a suit be filed, The EDC shall appear and defend the same at its own cost and expense, and if judgement be rendered or settlement made requiring payment, The EDC shall satisfy and pay the same. XIII. NOTICES Whenever this contract provides for notice to be provided by one party or another, such notice shall be: A. In writing; and B. Directed to the chief executive officer of The EDC and the director/manager of the Organization's Department/Division specified on Page 1 of this contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XIV. CHANGES Either party may request changes to this contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this contract. CITY OF KENT ECONOMIC DEVELOPMENT COUNCIL OF SEATTLE & KING COUNTY Signature: Signature:�i� 44y^ Name: Name: Victor L. Ericson Title: Title: President Date: Date: o?/S�/1 j Approved as to form: Approved as to form` Name: Joh . Keegan Titlee Title: EDC General Counsel EM1993 Conw=Uft 4 of 4 il� 1 Kent City Council Meeting A J Date March 16, 1993 Category Consent Calendar 1. SUBJECT: ARNOLD EVANS WATER CONSUMPTION ADJUSTMENT x _ f r� 2 . RUMMARY STATEMENT: ' -As recommended by the Public Works -- _ Committees u�ut3z6Y`iza-tior o adjust the water biT1 at 217 E. i � Russell Street as a one-time only adjustment due to the failure of a private water system during the January storm, in accordance with the provisions of Ordinance No. 2732 . ! �- 3 . EXHIBITS: Excerpt from Public Works Committee Minutes, memorandum from Public Works Director, memorandum from Customer Services Department and Ordinance No. 2732 4 . RECOMMENDED BY: Public Works Committee (2 to 0 vote with Councilman White absent but approvin Placement on Consent Calendar (Committee, Staff, Examiner, Commission, etc. ) 5. UNBIIDGETED 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. 3H PUBLIC WORKS COMMITTEE MARCH 4, 1993 PRESENT: DON WICKSTROM DAVID HAENEL ED WHITE ARNOLD EVANS TOM VETCH BILL DOOLITTLE SCOTT WOODS MR. & MRS. RUST MAY MILLER PAUL MANN TOM BRUBAKER JIM BENNETT ROGER LUBOVICH Arnold Evans Water Meter Issue Evans stated that he had received an exceedingly high water bill from the City of Kent during the winter months. After investigating his outdoor plumbing, he discovered that one of his facets had leaked and felt that it was a direct result of the winter storm we experienced-in January. Customer Services Staff were then notified to recheck the meter for any potential leaks; however, no leaks were established nor was there any movement on the meter. After a phone conversation with Councilman Jim White, Evans was then directed to come before the Public Works Committee and discuss the possibility of an adjustment against the $116 water bill that he previously paid. Vetch explained that the City policy is that a leak has to be established. He said the City was sympathetic to Mr. Evans' situation and that it was a freak of nature that it happened, but went on to say that after rechecking the meter, is was verified that there was not a leak. After two readings had been taken since the potential leak was first brought to the City Is attention, there was no doubt that a considerable amount of water had been used. Vetch also stated that for the 2-month time period, approximately 2, 600 cubic feet of water had registered and that Evans normally uses about 700 cubic feet. Vetch said Evans ' entire utility bill was $116. 61, but the water consumption totaled $93 . 96. Vetch said that Evans normally pays for water in the $5 to $10 range and admitted that the bill was quite high. He said that the adjustment under the policy would be 50% of the adjusted amount, providing that a leak had been 1 identified. Vetch went on to say that the adjustment amount is figured by taking the leak amount of the water usage amount and then they go back and look at the same 2 months of the 2-year history; then you take 50% of that amount and that would be the leak adjustment, which in this case, would be $42 .40. Vetch explained that under the City' s ordinance, this situation would be considered an "act of nature" or some "other" cause and would not come under the guidelines of the policy as it is written. He said that the only other possible alternative would be for Mr. Evans to look at his Homeowners ' Policy and see, if due to the storm, he might be covered in this way. Vetch reiterated that at this time the City still could not substantiate a water leak. However, he said that everything seemed to be back to normal and that Evans ' water problem definitely happened the day of the storm. Mann felt that this problem would be an exception to the policy and Vetch concurred. May Miller stated that the Council has the ability to go beyond a policy and make those kind of adjustments, but that the City has to make sure that if they acknowledge such an adjustment, that the City clearly identifies "why" and not set a precedence for maybe someone else whose water got turned on in the summer while they were on vacation and possibly ran for 2 weeks. She said that the City has to make sure that this is really the kind of situation that would be acceptable to the City of Kent in order to make the adjustment. Vetch brought up the fact that under the City policy, you are allowed one leak adjustment per residence. If Mr. Evans is granted the leak adjustment at this time and he experiences a major leak down the road, living in the same residence, Vetch said Evans would not be allowed another leak adjustment. Bennett stated that he had two concerns: 1) The fact that we have a policy and 2) that he believed Mr. Evans' story to be factual. Bennett expressed the desire to help Mr. Evans along, but was concerned about setting a precedence. Wickstrom stated that the water did go through the meter and the City is in the business of selling water. He said that the City has to be concerned that the water was used, whether it was with Evans' knowledge or not and the fact that the City would be granting or giving a gift of City funds, essentially. Bennett pointed out that on Page 2, Section 2 of Ordinance No. 2732 that a "credit on a one time or single basis does not constitute a gift beyond the powers granted. . . " . Brubaker stated that he felt this was a situation that was going to be more a Councilmembers ' decision, but the statement from the 2 ordinance that "Council finds that accidental leaks to or failure of private water systems. . .adversely impact the City' s ability to provide adequate water resources. . . " . Brubaker said under the words, if the Council wanted to go forward it was fine and Evans could be given a one time credit on his system, but arguably under the phrase "failure of a private water system" due to the storm, the Council might be able to find grounds to support the one time credit. Brubaker asked Mr. Evans if he understood that under the City policy this credit is only extended one time per residence, so if he had a bonafide leak next month and it cost him $200, he would be out the full $200. Evans said he understood. Brubaker told Bennett and Mann that he felt there was probably a little room to move under the phrase "accidental leak. . . or failure of. . . " but he agreed with Miller that under these particular circumstances, under this storm, they could consider it to be a failure of a private water system. Wickstrom stated that if the Councilmembers were agreeable to the interpretation, a 50% credit/reduction of approximately $43 could be given. Mann asked Evans if this would be acceptable to him; Evans replied that the adjustment was satisfactory. Committee unanimously agreed to recommend approval of the Arnold Evans Water Bill Adjustment. Restricted Parking Ordinance Wickstrom stated that as far as Public Works was concerned, the cost of implementing this ordinance was approximately $6, 000 for time and materials. Bennett asked Wickstrom if this was where the City would go to stickers versus the parking signs. Wickstrom confirmed that it would. Haenel submitted a slightly updated draft of the ordinance incorporating the suggestions of the Public Works Director. Haenel said the only changes being that anytime that the City Engineer is referenced, they changed it all to the Director of Public Works and/or his designee, just so it is consistent throughout. Committee unanimously agreed to recommend that Council adopt an ordinance on Restricted Parking. Further discussion was made by Bill Doolittle who inquired whether the City was having a problem with people parking along 6th Street in the vicinity of Kent Commons and questioned why the Commons was even mentioned. Brubaker said there had been an on-going problem around the Commons. 3 DEPARTMENT OF PUBLIC WORKS March 4, 1993 TO: PUBLIC WORKS COMM TTEE FROM: DON WICKSTROM M RE: ARNOLD EVANS WATER METER ISSUE This item was brought forward from the last Public Works Committee Meeting. Mr. Evans is requesting financial relief from his recent water bill, as a rsult of his water tap being turned on during the January windstorm. March 4 , 1993 TO: Public Works Committee FROM: Customer Services Department SUBJECT: Leak Adjustment: Mr. Arnold S. Evan' s Account BACKGROUND 1. Mr. Arnold S. Evans 217 East Russell Street Kent, Washington 98032 2 . Meter reading taken on January 22 , 1993 . Comment: "high usage noted" . 3 . Proof Report taken on January 25 , 1993 Account: 624-01406 . 00 Meter Number: 17714924 Date: January 22 , 1993 Usage: 7, 400 cubit feet Code: Code 12 Radix Route Report Comments: "NMS" Needle moving slow 4 . Scott Woods notified owner by letter as of January 26, 1993 of "high usage" or possibly as "water leak" . 5. Mr. Evans called Scott Woods about the problem. Scott directed Glen Hatfield field staff, to recheck the meter and/or for any potential leaks as of January 28, 1993 . Comments: No leak or movement on meter. 6 . Mr Evans came into the City Hall (Utility Billing Office) on February 4 , 1993 . Account clerk explained to Mr. Evans what the City ' s leak policy was according to ordinance number 2732 . A copy of the leak adjust form was given to Mr. Evans. 7 . Mr. Evans wanted to know what his next step was in getting some type of an adjustment? He was directed to the City Clerk' s Office for an "claim form" . 8 . Leak adjustment form was received and Mr Evans was scheduled to speak before the "Public Works Committee" on March 4 , 1993 at 5: 30 p.m. 9 . Field Supervisor directed another meter reading be taken on February 19, 1993 to see if the meter was working correctly and/or any other problems identified. Meter reading was 70200 (NNM) Comment section: Needle not moving. No leaks identified. Leak Adjustment Information Current Billing Information: 7 , 400 Cubit Feet Used Previous month reading: 200 Cubit Feet Used (2 month reading) Sub Total : 7 , 600 Cubit Feet Used History of Past Usage: (2 years Average) 700 Cubit Feet Used Overage Identified: 6, 900 Cubit Feet Used Adjustment 50% Schedule: 3 , 500 Cubit Feet Adjustment Balance to be Adjusted: 3 , 500 Cubit Feet Times $1. 24 water rate: 1. 24 Rate Factor Rate Dollar Adjustment: 43 . 40 Adjustment ORDINANCE NO. �%3 0 AN ORDINANCE of the City of Kent, Washington, amending Kent City Code Chapter 7.06.860, authorizing a single adjustment or credit of fifty-percent (50%) of charges exceeding a single month's average consumption caused by a leaking or broken water pipe on private property. WHEREAS, the City of Kent maintains a water utility system, including a system of rates charged for water consumption V under Kent City Code Chapter 7.06 established pursuant to RCW 35A.11.020; and - WHEREAS, the City has established a fixed monthly rate of one dollar and sixty-four cents ($1.64) per one hundred cubic feet of water plus a monthly charge for service and meter usage for users inside and outside of the City of Kent; and WHEREAS, substantial and costly leaks to private water pipes and water appurtenances located on private property (between the City's meter and residence)or structure occur without notice to customers of the utility system (in most reported cases). It is only upon notice from the City to its customer through monthly billings that quantities consumed by the customer are greatly in excess of normal consumption that the customer is aware that a water leak exists; and WHEREAS, it is in the City's interest to encourage prompt repair of broken and leaking water supply systems and appurtenances on private property not regulated by the City in order to conserve the City's supply of potable water; and WHEREAS, a policy of authorizing on a one time basis only an adjustment for credit of fifty percent (50%) of those amounts exceeding established normal usage as determined by the City upon verification of private system repair will foster prompt payment of customer utility accounts and the immediate repair of such damaged or broken water systems; and WHEREAS, such a policy will also enhance conservation of scarce water resources available to the City of Kent for development, provide for a greater system efficiency, and reduce the administrative costs to the City in pursuing enforcement and collection actions against such system customers; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . The Council finds that accidental leaks to or failure of private water systems located on private property adversely impact the City's ability to provide adequate water resources and administratio#of the operational and billing systems associated with the water utility. ' The Council further finds that providing for a rate adjustment through a credit for one-half (1/2) or fifty percent (50%) of volumes consumed above normal or average consumption for a single month as determined by the City will encourage prompt repair of broken or leaking private water supply system pipes and appurtenances, and will benefit the City by aiding the conservation of the city's potable water supply. The City further finds that a one-time monthly rate adjustment or credit for volumes exceeding normal usage of volumes conditioned upon verification of system repair will aid in.more prompt payments of utility accounts which may otherwise be in dispute because of accidental system leaks and will reduce administrative costs to the City in pursuing enforcement and collection of delinquent accounts. Section 2. The Council finds that the adjustment or credit on a one-time or single basis does not constitute a gift beyond the powers granted to the City as a noncharter code municipality under the Washington State Constitution in that the City shall receive direct benefits and consideration in exchange for such a policy. Section 3. Kent City Code Section 7.06.860 is amended as follows: 2 - Kent City Council Meeting Date March 16, 1993 / Category Consent Calendar Y rL' 1. SUBJECT: LID 333 - SIGNALIZATION AT 72nd/180th STREET 2 . SUMMARY STATEMENT: LAuthorization` to accept as complete the contract with Breaker-fonstruction for a traffic signs installation at the intersection of 72nd Avenue S. & S. 180th Street. 3 . EXHIBITS: Excerpt from Public Works Committee Minutes, memorandum from Public Works Director and vicinity map 4 . RECOMMENDED BY: Public Works Committee (2 to 0 vote with Councilman white absent but approvin lacement on Consent Calendar (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOIIIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3I Haenel stated the ordinance itself was a general ordinance that gives Council power to pass and create certain restricted parking zones. He said this was merely an umbrella ordinance and the subsequent ordinance would be passed to incorporate various certain areas throughout the town. Mann suggested scratching the phrase "to the Kent Commons and other high traffic areas . . . " and making the sentence complete in the ordinance without any reference to Kent Commons. Doolittle was in agreement. Committee unanimously agreed to recommend that Council adopt the Restricted Ordinance with the above corrections. LID 333 - Signalization at 72nd/180th Street Committee unanimously agreed to accept this contract as complete. 104th Avenue SE & SE 256th Street Left Turn Lane Improvement Wickstrom stated that bids were opened on March 4th and we received the low bid of $398,951.44 . This is within the budgeted funds we have allocated for this project and we would like to move it forward for Council award at the March 16th City Council meeting. Wickstrom also stated that - the awarding of this contract was subject to TIB concurrence. Committee unanimously agreed to recommend Council acceptance of the bid of $398, 951. 44. Kent School Administration Remodel Bill Sale Committee unanimously agreed to accept this bill of sale. Under further discussion, Mrs. Rust inquired whether O'Brien School was going to be used for a teen center. Mann stated that accommodations would have to be made in order to make this a reality in order to reopen the school and follow the codes. He said it would cost the School District, approximately $1, 002, 000 and they would like the City to give consideration to the fact that certain codes came into existence after the school was built originally. Mann stated that the City should be concerned with the immediate needs, but continued to say that the Council Committee is at least looking at the situation over the long term as to the best location for a youth facility. He expressed a desire for the City to work with the School District and various other agencies. Bicycle Lockers Bennett brought up bicycle lockers at the Park and Ride for discussion and noted that he felt it was part of the Metro Transit 4 DEPARTMENT OF PUBLIC WORKS March 4, 1993 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM D\� RE: LID 333 - Signalization at 72nd/180th St Accept as Complete This ,project consisted of a traffic signal installation at the intersection of 72nd Avenue S & S 180th Street. The project was awarded to Breaker Construction on July 21, 1992 for the bid amount of $71, 930. 00 . The final construction cost was $73 , 030. 00. It is recommended the project be accepted as complete. a 1WTH en R E N T. 0 N a e a - KENT CITY LIMITS ''.ur• ST 0 IS2140 w 5T 1= PROJECT LOCATION ° P �J OR[ LIA h t �Al Pv O Q l u O S 188TH ST � 1 _ Q � S 188TH ST U W ti INDUSTRIAL < ¢ AREA n S 190TH ST a C Z 190TH ST &OTN 35 36 s 192NO ST 36 31 �~° ST 2 1 - 1( I F 1 6 & 4TH ST, I I O . I Ot S 196TH ST Q N i INDUSTRIAL / u } I a li- < c �•.,�. a AREA < i 1 0 j ro o~i D e L r i s 200TH Sr m j 4 Drive In Theater { J � W * 1 N W W Y 8 202ND ST m Q v im ` S C 3+ i ` D I O < I C) °^ S. 204 TH. p _ W u, o i I S 2067H S7 = S 206TH ST I 1 = s 1 1 s I 206TH ST = 1 6 S 2 LID 333 -SIGNALIZATION i 12 t"a°i0m, Rmd 72ND/180TN ST i I . r,..• ;► = It $ I 5 St....�.. I�� l J CV/ Al Kent City Council Meeting Date March 16, 1993 Category Consent Calendar 1. SUBJECT: KENT SCHOOL ADMINISTRATION REMODEL - BILL OF SALE 2 . SUMMARY STATEMENT: ((�Acceptance of the bill of sale and warranty agreement submitted -by- Kent School District #415 for continuous operation and maintenance of 2,493 lineal feet of water main extension, 1, 355 lineal feet of sanitary sewer extension and 21620 lineal feet of storm sewers, in the vicinity of 12033 SE 256th Street 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 to 0 vote with Councilman White absent but approving lacement on Consent Calendar (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO < YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 3J Haenel stated the ordinance itself was a general ordinance that gives Council power to pass and create certain restricted parking zones. He said this was merely an umbrella ordinance and the subsequent ordinance would be passed to incorporate various certain areas throughout the town. Mann suggested scratching the phrase "to the Kent Commons and other high traffic areas . . . " and making the sentence complete in the ordinance without any reference to Kent Commons. Doolittle was in agreement. Committee unanimously agreed to recommend that Council adopt the Restricted Ordinance with the above corrections. LID 333 - Sianalization at 72nd/180th Street Committee unanimously agreed to accept this contract as complete. 104th Avenue SE & SE 256th Street Left Turn Lane Improvement Wickstrom stated that bids were opened on March 4th and we received the low bid of $398, 951.44 . This is within the budgeted funds we have allocated for this project and we would like to move it forward for Council award at the March 16th City Council meeting. Wickstrom also stated that ;the awarding of this contract was subject to TIB concurrence. Committee unanimously agreed to recommend Council acceptance of the bid of $398, 951. 44 . Kent School Administration Remodel Bill Sale Committee unanimously agreed to accept this bill of sale. Under further discussion, Mrs. Rust inquired whether O'Brien School was going to be used for a teen center. Mann stated that accommodations would have to be made in order to make this a reality in order to reopen the school and follow the codes. He said it would cost the School District, approximately $1, 002, 000 and they would like the City to give consideration to the fact that certain codes came into existence after the school was built originally. Mann stated that the City should be concerned with the immediate needs, but continued to say that the Council Committee is at least looking at the situation over the long term as to the best location for a youth facility. He expressed a desire for the City to work with the School District and various other agencies. Bicycle Lockers Bennett brought up bicycle lockers at the Park and Ride for discussion and noted that he felt it was part of the Metro Transit 4 DEPARTMENT OF PUBLIC WORKS March 4, 1993 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM 6DJ RE: BILL OF SALE - KENT SCHOOL ADMINISTRATION REMODEL Kent School District #415 , -the developer of the Kent School Administration Remodel has completed the water, sanitary sewer and storm sewer improvements for this project. The Kent School Administration Remodel improvements are in the vicinity of 12033 SE 256th Street. We recommend the Bill of Sale be accepted and bonds released after the one year maintenance period. eV SE,W, wrH Sr ~ N' 17 o t �� ST HILL 20 1 EMENTARY HOOL L o y� O � SE 244TH ST ::"''s`:v::::.�.. s.;..G:A1CS::s:. O w f N ` W SE a 248TH ST SE < ;• W 4PL! o V! v N W / N w SE 251 ST250TH ST.wSE ND ST wEAST HILL ` 1 � SE 25 ` CENTER = dw,I z SE 253R� ST SE 2520DST ~ w r � a a x ENT -RIDIAN 515 PROJECT LOCATION N J N R.i 400L .�. SE 256TH ST ;, ; �0 $ 29 28 25 .,kx '- a < lG M 5Tth er �` se?srra ■ S y KENT SCHOOL EXSTRICT ADM MST TION LDG. k v, SE 26oTH ST w 2SE 6oTH r BE ST 4 ST o(Ey ST 9•cN PL s. W SE 2613T (Pvt) S J R ST R.H I. SCHOOL a x N \ d� < a Athletic SE Field p SE 264TH ST~ SE 264THST �263pt) s es 516 Sr0 S b R f8 SE 263TH ( 0f� < Water SE 2 TH PL .Hesster sT x • _ - w SE 267TH w v� 68T>a N ti > ST w AL a F a SE 268TH pL SE 268TH SE 269TH ST\ SF26 x N 9)yv u SE 270TH SE sT F//�y"°<Sr < SE KENT SCHOOL ?L mF x ADMINISTRATION REMODEL SE 271ST� ST Kent City Council Meeting Date March 16. 1993 Category Consent Calendar 1. SUBJECT: PLANNING DEPARTMENT ZONING PERMIT FEES - ORDINANCE 2 . SUMMARY STATEMENT: ARprgval of Ordinance # �6"d amending Ordinance No. 2667 to increase the zoning permit fee to $32 in order to implement an increase of $3 , 760 in miscellaneous Planning Department fees as adopted in the 1993 Budget. 3 . EXHIBITS: Memo, Planning Committee Minutes of 3/2/93 and ordinance 4. RECOMMENDED BY: Planning Committee (3-0 vote) (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 CITY OF CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM dfJ®II�� March 16, 1993 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: MARGARET PORTER, ADMINISTRATIVE ASSISTANT SUBJECT: ORDINANCE TO INCREASE PLANNING DEPARTMENT' S 1993 MISCELLANEOUS FEES At the March 2 , 1993 City Council Planning Committee meeting, the Committee approved to increase the Planning Department' s 1993 miscellaneous fees. As part of the 1993 budget approval process, several permanent revenue enhancement proposals were adopted by the Council, one of which is to increase miscellaneous Planning Department charges by $3,760. The Committee voted to increase the zoning permit fee from $25. 00 to $32 . 00. Based on the issuance of 522 zoning permits in 1992 and forecasting the same for 1993 , this $7. 00 increase will raise the $3 ,760. Ordinance No. 2667 must be amended to accomplish this. The recommended action is as follows: Amend Ordinance No. 2667, to increase the zoning permit fee to $32 . 00, and to implement the increase of $3 ,760 in miscellaneous Planning Department fees adopted in the 1993 budget. MJP/mp:c: zonprmt.cc Attachment cc: James P. Harris, Planning Director I i it i� ORDINANCE NO. AN ORDINANCE of the City Council of the j i City of Kent, Washington, amending Section 1 of Ordinance No. 2667, pertaining to the 1� schedule of fees for applications filed with the Kent Planning Department. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES : HEREBY ORDAIN AS FOLLOWS: Section 1. Section 1 of Ordinance No. 2667 is amended as ' follows: Section 1. There is hereby established the following schedule of fees to be paid for applications filed with the City of ' Kent Planning Department: ;; Name of Application Fee Rezones, Conditional Uses $500 + $10 per acre, or fraction thereof I� Non Single Family Residential $300 Variances and Sign Variances 't , + Single Family Residential Variances $75 Combining Districts, Planned Unit $210 + $10 per acre j Developments or fraction thereof i Short Plats, Creating Up to 4 Lots $100 i Short Plats, Creating Up to 9 Lots $300 Binding Site Plan $300 i I I I f I' (; Subdivisions ! 1 A) Preliminary $500 + $20 per lot or I per acre, whichever is 1 greater I ! B) Final $250 + $20 per lot or acre, whichever is greater ! Comprehensive Plan Amendment $300 I :, Shoreline Substantial Development Permits $500 + $10 per acre or fraction thereof Shoreline Conditional Uses and Variances $210 + $10 per acre or fraction thereof Environmental Assessments $150 !: Zoning Permits ( ( §) ) 32 . Appeal of Administrative Interpretation $100 Appeal of SEPA Environmental Threshold $150 Determination Section 2 . Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not I affect the validity of the remaining portions of this ordinance. ii i Section 3 . Ratification. Any act consistent with the (; authority and prior to the effective date of this ordinance is I I iihereby ratified and confirmed. I I �i ! I I+ ! I , 2 i li i l Section 4 . Effective Date. This ordinance shall take , effect and be in force thirty (3o) days from and after its passage, approval and publication as provided by law. it l DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY day of , 1993 . PASSED the �_ Y da APPROVED the Y of , 1993 . ` PUBLIS day of , 1993 . ( HED the Y 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 i hereon indicated. I (SEAL) i BRENDA JACOBER, CITY CLERK miscfees.ord Ik 3 ' CITY COUNCIL PLANNING COMMITTEE MINUTES MARCH 21 1993 PAGE 3 INTERIM ACTIONS MANDATED BY COUNTY-WIDE PLANNING POLICIES/MINIMUM RESIDENTIAL DENSITIES (L YEATS-QUILICI) At the request of the Committee at its February 16 meeting, Planner Laura Yeats-Quilici distributed and reviewed a report showing a comparison of residential densities in other jurisdictions and single family plat history from 1982 to 1992 . Councilmember Bennett MOVED and Councilmember Johnson SECONDED a motion to send this item to the Planning Commission for a more detailed discussion of the alternatives. Motion carried. ORDINANCE TO INCREASE PLANNING DEPARTMENT' S 1993 MISCELLANEOUS FEES (M. PORTER) Administrative Assistant Margaret Porter reported that as part of the 1993 budget approval process several permanent revenue enhancement proposals were adopted by the Council, one of which is to increase miscellaneous Planning Department charges by $3 , 760. The Department proposes to increase the zoning permit fee from $25. 00 to $32 . 00. Based on the issuance of 522 zoning permits in 1992 and forecasting the same for 1993 , this $7 . 00 increase will raise the $3 , 760. She noted that Ordinance No. 2667 must be amended to accomplish this. Councilmember Johnson MOVED and Councilmember Bennett SECONDED a motion to amend Ordinance No. 2667 to increase the zoning permit fee to $32 . 00 in order to implement an increase of $3 , 760 in miscellaneous Planning Department fees as adopted in the 1993 budget. Motion carried. ADDED ITEMS CATHOLIC COMMUNITY SERVICES (CCS) EMERGENCY COLD WEATHER SHELTER (L. BALL) Human Services Manager Lin Ball reported that Catholic Community Services has notified the City that over $7 , 000 of the $17 , 000 allotted in 1993 for the Emergency Severe Weather Shelter Program was expended in January 1993 due to the increase of homeless individuals and continuing cold weather. Recognizing that they would quickly run out of money if they vouchered every cold night as defined by the contract, CCS decided they needed to ration the money to make it stretch through the year. In February they have been vouchering only in extreme conditions or if there is a family with children in need of shelter. CCS would like to know if the City concurs with this action. The Human Services Commission discussed this matter at its February 25 meeting and decided that they needed the Council ' s guidance in this matter. In the meantime, the Human Services Commission decided to inform CCS to continue to use their best judgment in rationing the funds. The Commission also wants the Council to be aware that rationing the funds Kent City Council Meeting Date March 16. 1993 Category Consent Calendar 1. SUBJECT: VENTURE 84 REZONE #RZ-92-3 2 . SUMMARY STATEMENT: � uthorizatiori to set April 6, 1993 as the date for a public meeting to consider the Hearing Examiner's recommendation of approval for a rezone application (RZ-92-3) by Sound Ventures of Kent, acting on behalf of Budget Rent A Car. The property is located on the west side of 84th Avenue So. , approximately 300 feet north of South 222nd Street. A public hearing on the application for this rezone was held on February 31 1993 by the Hearing Examiner. 3 . EXHIBITS• None 4 . RECOMMENDED BY: Hearing Examiner - (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3L JV 1 i / _ t ` Kent City Council Meeting Date March 16 , 1993 Category Other Business 1. SUBJECT: PERMIT CENTER - RESOLUTION 2 . SUMMARY STATEMENT: The proposed resolution would adopt the recommendation of the Planning Committee to establish a new organization for the permit process system. 3 . EXHIBITS: Planning Committee Minutes of 3/2/93 Resolution 4 . RECOMMENDED BY: Planning Committee (2-1 vote) (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 1A moves, Councilmember 2. seconds to adopt Resolution # I establishing a new organization for the permit process system, as recommended by the Planning Committee. DISCUSSION• ACTION• Council Agenda Item No. 4A CITY OF 1 V LI CITY COUNCIL PLANNING COMMITTEE March 2, 1993 4: 00 PM �TNII�4� Committee Members Present Other City Staff Leona Orr, Chair Mary Berg Jon Johnson Laurie Evezich Jim Bennett Gary Gill Bob Hutchinson Planning Staff Roger Lubovich Tony McCarthy Lin Ball Larry Webb Sharon Clamp Don Wickstrom Jim Harris Margaret Porter Guests Laura Yeats-Quilici Fred Satterstrom List available upon request GROWTH MANAGEMENT UPDATE (F SATTERSTROM) Planning Manager Fred Satterstrom reported that the Planning Commission made it way through approximately one-half of the wetlands ordinance at its February 22 , 1993 meeting. The public hearing is continued to March 8, 1993 , and the ordinance may go to the full Council in April. Mr. Satterstrom also reported that the City of Snoqualmie challenged the Countywide Planning Policies arguing that the County has no right to dictate how land use decisions are made within city limits. The Central Puget Sound Hearing Board ruled that the process of creating the policies was valid, however, three policies were rejected for being too specific and intrusive. House Bill 1761 dealing with time extensions for complying with the Growth Management Act is currently before the House Local Government Committee of the State Legislature. This bill expands the deadline for approximately one year and may phase the deadlines for groups of cities. At the March 16 Planning Committee meeting, Mr. Satterstrom would like to talk more in depth about the Growth Management Act, the timelines, and the EIS requirement in relationship to the loss of Planning staff. PERMIT CENTER Tony McCarthy related that Mayor Kelleher supports his task force committee' s report. The Mayor feels something needs to happen in Building to coordinate the efforts of the different departments that CITY COUNCIL PLANNING COMMITTEE MINUTES MARCH 21 1993 PAGE 2 function in that area. Permits need to be issued in a more timely fashion and we need to focus more on the needs of the community. Paul Morford, Chair of the Mayor ' s Task Force Committee, would like to see their recommendation move on to the Council. John Naylor of Western Distribution Services said the whole State suffers from the perception that it is difficult to build projects here because of too may regulations. Former Councilmember Steve Dowell stated the Committee will get a lot of political heat and hopes they will make a decision that is best for the community. Neil Helgeland lives in the Star Lake area and stated that King County has similar problems. He wonders why permits take so long and thinks licensed professionals should be trusted and held accountable. Ron McFarland of the Red Dot Corporation would like to see a reorganization that gives customers better direction and support. Jack Bennett of Corporate Property Investors said Kent' s permit process is better than any of the surrounding communities he has dealt with. He stated staff is generally knowledgeable, responsive, consistent and accessible. Chair Orr does not believe the City is doing everything wrong, however, she thinks some improvements can be made. She noted the tremendous loss of personnel in the Planning Department, and would like to give the department heads an opportunity to implement their plan. Councilmember Bennett feels it is obvious that everything isn't working well and noted that there is a perception that customer service needs to be improved. He feels it is time to stop the debate and make a decision. Councilmember Johnson does not believe it makes sense to have the organization divided into three departments. The amount of time it takes to process minor applications is too long, and the perception of customer service needs to be improved. Councilmember Johnson MOVED that the Planning Committee recommend to the full Council that we endorse the concept of creating a new organization and meet soon with the department heads to work out the details and implement the new organization. Councilmember Bennett SECONDED the motionJor discussion. He feels we should we should quit studying the issue, ' set a deadline and move forward. Motion carried with Councilmember Bennett opposed. RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to the creation of a new organization setting forth the Council 's and Mayor' s commitment to the formation of a one-stop permit center; and, outlining a series of policy statements to guide the development of a permit service process that will result in the highest levels of public safety, while ensuring maximum public accountability, streamlined and cost effective delivery of quality public services. WHEREAS, the City Council has continuously expressed a long term commitment to have the permit process improved, as reflected in their prior and present annual Target Issue agenda for the City; and WHEREAS, the City previously had a management study prepared by the Warner Group Consultants, which recommended the creation of a new line department for Building and Inspections; and WHEREAS, the permit review and processing functions currently remain decentralized among three departments; and WHEREAS, the Mayor formed an Advisory Committee on the Permit Process to review the permit system, and the Advisory Committee made a recommendation to establish a separate entity for processing development/building permits and making inspections; and WHEREAS, the council ' s desires to consolidate these permit processes in order to make significant improvements in efficiency and cost effectiveness, without compromise to public safety; and WHEREAS, the Mayor and the City Council believe that since the permit review process is an important integral fiscal component of the budget process, it is sound fiscal policy for the permit process to be reorganized and improved to increase efficiency, public safety and quality of services; and WHEREAS, it is in the city' s best interest to further this reorganization in order to enhance economic development opportunities in the community by facilitating the location and start-up operations of new businesses; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby declares its intent and commitment to create a new organization for the permitting process which includes the current building code enforcement process. The intent would be to have this organization combine related permit functions and create a true one-stop permit center. Section 2 . The City Council hereby endorses the administration' s effort to coordinate and develop administrative, legal, legislative, financial, and organizational procedures and policies to create the new organization for Council review and action. In order to form this new organization, the administration, with the assistance of the affected department 2 heads, City Attorney, and Human Resources Director, shall submit to the Council a proposed organizational plan. This plan shall be prepared following further direction of Council with respect to the formation, duties, responsibilities, reporting structure and related matters of this organization. This direction will be provided after the scheduled Council/department head retreat in April. The following policy concerns for the new organization should be considered: A. Propose a sound financial strategy for the new organization without significant additional cost impacts to the tax payer. The new organization should have a right-sizing effect. B. Establish organizational objectives and quantifiable (mapping) measures of performance to evaluate personnel, fiscal management practices and effectiveness in achieving the highest reasonable level of quality of public services. C. Prepare a specific organizational structure with strategic management policies on permits and related processes, and performance evaluation criteria to evaluate overall provision of public services. All functions of the new organization should be located in one designated physical area. D. With the assistance of the City Attorney and Human Resources Director, establish necessary steps to comply with any related legal requirement necessary to create the new organization. E. Ensure that the new department will strive to maintain an integral level of coordination with the Fire Department to attain the highest level of public safety. 3 F. Perform these tasks within sixty (60) days of Council direction or as otherwise directed by Council- G. Following said period, the recommendations are to be presented to the Council for approval. Section 3 . Following approval of an organizational plan by the Council , appropriate ordinances and funding adjustments to the budget will be adopted to implement this proposal . Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 1993 . Concurred in by the Mayor of the City of Kent, this day of , 1993 . DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 4 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 1993 . (SEAL) BRENDA JACOBER, CITY CLERK advcomo.res 5 Kent City Council Meeting Date March 16, 1993 Category other Business 1. SUBJECT: PROPOSED COMPREHENSIVE PLAN MAP AMENDMENT (CPA-93-1) - RESOLUTION 2 . SUMMARY STATEMENT: The Planning Commission has recommended approval of the proposed plan amendment changing the City-wide Comprehensive Plan from Single Family Residential to an office designation on three lots. In addition, the "Single Family Designated Area" overlay shall be modified to delete these three lots. 3 . EXHIBITS: Memo, staff report of 2/16/93, Planning Commission Minutes of 2/22/93 and proposed resolution 4 . RECOMMENDED BY: Planning Commission (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO�_ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember !�\, %` . moved, Councilmember J seconds to adopt Resolution # Llil approving the proposed plan amendment changing the City-wide Comprehensive Plan from Single Family Residential to an office designation on the subject three lots and modifying the "Single Family Designated Area" overlay to delete these three lots, as recommended by the Planning Commission. DISCUSSION• ACTION• k Council Agenda Item No. 4B OFFICE OF THE MAYOR March 9, 1993 TO: CITY COUNCIL PRESIDENT DY ODS AND COUNCIL MEMBERS FROM: MAYOR DAN KELLEHER RE: SUBMITTAL OF THE PLANNING COMMISSION'S RECOMMENDATION ON THE COMPREHENSIVE PLAN MAP AMENDMENT FOR JACK KECK (#CPA- 93-1) As per RCW 35A. 63 . 072 and City Council Resolution #989, I am forwarding to you the Planning Commission's recommendation on the comprehensive plan map amendment for Jack Keck et al (#CPA-93-1) . The Planning Commission held a workshop on this matter on February 8, 1993 and a public hearing on February 22, 1993 . Following the public hearing, the Planning Commission voted to amend the city- wide and Valley Floor plan maps to designate the subject property as Office. The specific recommendations of the Planning Commission are indicated in the proposed resolution attached herewith. Also, as per RCW 35A. 63 . 072 and City Council Resolution #989, within 60 days of receipt of the Planning Commission recommendation, the Council at a public meeting shall vote to approve or disapprove as modified the proposed amendments. The Council also has the option of referring the matter back to the Planning Commission for futher proceedings. Attached to this memo are the following: 1. Council Resolution #989 2 . Staff Report to Planning Commission (2-16-93) 3 . Planning Commission minutes (2-22-93) 4 . Proposed Resolution adopting Planning Commission recommendation on File #CPA-93-1 JPH:fns Attachments RESOLUTION NO. Rff Cl A RESOLUTION of the CityTTofKeent, Washington, concerning the procedure for City Council review of recommendations of the Planning Commission for the Kent Comprehensive Plan. WHEREAS, RCW 35A.63.060 directs every City to direct its planning agency to prepare a comprehensive plan for anticipating and influencing the orderly and coordinated development of land and building uses of the code city and its environs; and WHEREAS, RCW 35A.63.070 sets forth specific requirements for notice and public hearing by the planning agency concerning a comprehensive plan, or successive parts thereof; and WHEREAS, RCW 35A.63.071 and RCW 35A.63.072 provides for transmission of comprehensive plan recommendations, and consideration by the City's legislative body in public meeting of those recommendations; and WHEREAS, the City of Kent has established a Planning Commission to conduct public hearings pursuant to Chapter 35A.63 RCW; and WHEREAS, it is a disservice to the Planning Commission and the members of the public who appear at Commission hearings for the Council to accept and consider information not before the Commission, and to conduct supplemental hearings; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to RCW 35A.63.072, within sixty days of receipt of recommendations for the Comprehensive Plan, the City Council will consider the recommendations at a public meeting. Section 2. At the public meeting the Council will also consider such other written submittals that are filed with the City prior to the public meeting, concerning the recommendations of the Planning Commission. Section 3. Following the public meeting the Council shall vote to approve, or to disapprove, or to modify and approve as modified, the comprehensive plan. The Council may also vote to refer the comprehensive plan back to the Planning Commission for further proceedings, in which case the Council shall specify the time within which the Planning Commission shall report back its findings and recommendations on the matters referred to it. Passed at a regular meeting of the City Council of the City of Kent Washington this 0- day of 1983. Conc rred in by the Mayor of the City of Kent, this �oZ day of 1983. � � < TSA EL HOGAN, MAYOR ATTEST: MARIE JEN •N CITY CLERK APPROVED AS TO FORM: P. STEPHE-N DiJULIO, C TY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. 9 99 , passed by the City Council of the City of Kent, Washington, the day of /yl�ecii , 1983. (SEAL) MARIE J , CI CLERK 5557-94A RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, amending the City' s City-wide Comprehensive Plan Map, and the Kent Valley Floor Plan Map to change the designa- tion of three lots on the North side of Smith Street from Single-Family Residential to Office and to remove the Single Family Designated Area Overlay from these three properties. WHEREAS, citizen applicants have requested an amendment to the City of Kent City-wide Comprehensive Plan Map, and the Kent Valley Floor Plan Map to change the designation of three lots on the North side of Smith Street from Single-Family Residential to Office and to remove the Single Family Designated Area Overlay from these three properties; and WHEREAS, in accordance with the provisions of Chapter 35A. 63 of the Revised Code of Washington, hearings were held before the Planning Commission of the City of Kent on February 22 , 1993 to consider the proposed change; and WHEREAS, the Planning Commission was presented findings that the arterial street location is incompatible with future Single Family Residential Use, and the Office designation may afford a transition area from the intense commercial designation of Mixed Use to the west of the subject site on Jason Avenue; and WHEREAS, after the public hearing of the Planning Commission and its final deliberations, the proposed amendment was recommended to the City Council for adoption; and WHEREAS, the City Council considered the recommendations of the Planning Commission at a public meeting on March 16, 1993 ; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City of Kent City-wide Comprehensive Plan Map, and the Kent Valley Floor Plan Map are amended to change the designation of three lots on the north side of Smith Street, more specifically identified as tax lot numbers 192205-9274-081 192205- 9169-06, and 192205-9105-03 , from Single-Family Residential to Office and to remove the Single Family Designated Area Overlay from these three properties as attached hereto in Exhibit A and incorporated herein by this reference. Section 2 . The City of Kent City-wide Comprehensive Plan Map, including the Single Family Designated Area Overlay, and the Kent Valley Floor Plan Map are amended to provide that all references to the area described in Section 1 herein shall be in conformity with the amendment to that area designation as set out in Section 1. Section 3 . The amendments to the City of Kent City-wide Comprehensive Plan Map, including the Single Family Designated Area Overlay, and the Kent Valley Floor Plan Map shall be filed with the City Clerk and in the Office of the Planning Department and made available for public inspection upon request. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1993 . 2 Concurred in by the Mayor of the City of Kent, this. day of 1993 . DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: AROGE A. , EY 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 , 1993 . (SEAL) BRENDA JACOBER, CITY CLERK compplan.res 3 • �--=JAM ES ►—��--a n 1 1 II 1` 15 •• W I I r 11 A 2; I�., °� ! I � f fZ rs 3 ;; 3 ��----.1 1 2 I�< � Q W �• N Y ` ZI w 3 V I a 6 21 s--7 2 E•6l 7' w2Q Id 10. li u w 6 ® til Lai• !o To, I I e S ' � :�®DI' : . 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O SSAc. y \rye 0.62 AC •.oi . .� +' ♦,L•�\' BB✓ • is=1 ��„st�s: n■■u�■1:1� Y'riY �ill�l QwL'I `/ V Mai HIM milk mom - Im ■ iT�I`I33•=ii � � � �� �� � I�r ram, m Oil omFo MAli•� CITY OF �J�� L� CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM February 16, 1993 MEMO TO: LINDA MARTINEZ, CHAIR, AND PLANNING COMMISSION MEMBERS FROM: FRED N. SATTERSTROM, PLANNING MANAGER SUBJECT: PROPOSED COMPREHENSIVE PLAN MAP AMENDMENT: SINGLE FAMILY RESIDENTIAL TO OFFICE #CPA-93-1 Background: Mr. Jack Keck has filed an application for a comprehensive plan map amendment on three properties located on the north side of Smith Street (SEE, attached vicinity map) . The proposal is to change the map designation from Single Family Residential to office. The three properties involved in the proposed amendment are located between Jason and Hazel Streets on the north side of Smith Street/Canyon Drive. Together the three lots are approximately 1. 4 acres in size. Existing land use on the lots is mixed. The smallest and westernmost lot is occupied by a legal, nonconforming duplex. The middle lot is occupied by the Kent Masonic Hall. The largest and easternmost lot has a large, turn-of-the-century single family residence located on it. Existing Land Use Zoning and Plans: The proposed amendment site lies at the edge of the downtown area. Commercial businesses line Smith Street to the west, while to the east, the neighborhood is primarily single family residential. Across Smith Street to the south is the Mill Creek Earthworks Park and Kent Senior Center. The three subject lots are presently designated Single Family Residential on the City-wide Comprehensive Plan map. Map 2 depicts the comprehensive plan map designations in the vicinity of the proposed amendment. The area to the north and east of the subject site is planned for Single Family Residential use. However, the area lying to the west across Jason Avenue is designated Mixed Use. It should be noted that Jason Avenue is the eastern boundary of the Downtown Planning Area. The Kent Senior Center and Mill Creek Earthworks Park are located to the south of the subject site, and the Plan designations for these sites are CF-Community Facility and P-Park, respectively. Zoning in this area reflects the plan designations, (SEE, Map 3 - Existing Zoning) . The three lots involved in the proposed plan amendment are presently zoned R1-7 .21 Single Family Residential - 7, 200 square foot minimum lot size. The area to the north and east Memo To: Linda Martinez, Chair, and Planning Commission Members Subject: Proposed Comprehensive Plan Amendment: Single Family Residential to office #CPA-93-1 Page 2 of the application site is also zoned R1-7 . 2 . In conformance with the Downtown Plan, the mixed use area on the west side of Jason Avenue is zoned DCE - Downtown Commercial Enterprise. DCE allows a wide range of retail, office, and multiple family residential uses. To the south across Smith Street the Mill Creek Earthworks Park is designated RA - Residential Agricultural. It should also be noted that beginning approximately 150 feet east of the Keck site, the planned land use changes from Single Family to Multiple Family Residential Use along the north side of Smith Street. The subject site is included within the "Single Family Designated Area" as established by Resolution #1232 . This designation is an overlay to the comprehensive plan map, and further defines the legislative intent which resulted from the density reduction initiatives implemented in 1990. As outlined in Resolution #1232 , the purpose of the overlay designation is threefold: 1) to conserve existing single family neighborhoods, 2) to protect single family neighborhoods from incompatible uses, and 3) to promote new single family development. Alternatives and Analysis: While the existing Comprehensive Plan indicates this area for single family residential use, there are signs that the area is in a state of transition. Traffic has steadily increased on Smith Street/Canyon Drive over the past, necessitating a widening of the roadway. The increased right-of-way width has slowly eaten away at the front yards of the subject properties. There is little or no building setback on the westernmost lot which is occupied by a duplex. The applicant has indicated that he has attempted to sell the single family residence at 855 E. Smith Street for nearly a year with no success, and he attributes the adverse effects of traffic as the primary reason the house has not sold. In addition, recent changes to the Downtown Plan indicate "Mixed Use" for the area lying adjacent to the west across Jason Avenue. DCE zoning, adopted in 1992, allows for a wide variety of intense commercial and residential land uses. With no height limit and few restrictions on density, DCE zoning contrasts markedly with the R1-7 .2 zoning on the three subject lots. An office designation on the subject site may afford a transition area from the intense commercial designation of Mixed Use (on the Downtown Plan) to the Single Family Residential designation east of Jason Avenue. Generally, the office designation is seen as more compatible with residential use than a commercial designation. In addition, all three lots which are the subject of this proposed plan amendment are already built upon and, it is expected that none of the present buildings will be replaced or significantly altered should the proposed plan amendment be adopted. Memo To: Linda Martinez, Chair, and Planning Commission Members Subject: Proposed Comprehensive Plan Amendment: Single Family Residential to Office #CPA-93-1 Page 3 Staff Recommendation: Based on the findings and conclusions as outlined above, the Planning Department staff recommends that the Planning Commission approve the proposed plan amendment, and recommend to the City Council that the City-wide Comprehensive Plan be changed from Single Family Residential to an Office designation on the three lots which are the subject of this plan amendment application (CPA-93-1) . In addition, the "Single Family Designated Area" overlay shall be modified to delete these three lots. FNS/ch:cpa931.kek Enclosures cc: James P. Harris, Planning Director I(\1 l••I SO J. JAMS i- , Il v °O"R ' 2, "25 11 • �--- n - � � Y� ' .� .� ' N I C a .�1 � o a 12 ',� � 3' 24 '1 3 I� Q "� 'v:•,I .n _ A 1� ' I >`:=:�<"• �Ik S.� - 21 2 r 1 0 f . 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Rugg�''.� oy SK toof ��:•♦y:_•..� ^.'�. �` E 1 1a u 8 634 ' ISO pAR7 /as ratio ;' 5.52 49 �> Ac 0 �J O.SSAc- ti , � 26 1 0.62Ac. O.SSAc. a •c } A, 0.62 Ac WO29 , - 3 .64 0 S . .� czt Z4 sc �=�- �._�`s�•�s; n�u�:li YIriY `ICI fJL'i `i u ia:'�� © iJ WOW Cyr?] u ` _ mow , ; gr7 .m in n' I ` 1 — C a , J a � �NINE a U • • ME IB �o 111182-S rjw� ii ra 461 fir► r ���, ' r� Q ► �• INA I im . Q . i Y ■ a i MONO Lm%lml EN MIJ :al16 Ira NOW W TUMT -54 ■; s � � � It ��G� . - '� �1�'�.� Ear d �•�� � � low r' ■ ■ /� �-- • u��►Fri FS ��� 4 1 Ise December 11 , 1992 Kent Planning Commission _ 220 - 4th Ave . So . Kent , Washington 98032-5895 Re : Change in Comprehensive Plan Designation Kent Planners ; We have put in an application to the City of Kent for a ReZone from "Single Family" to "Office" zoning . Three properties are involved : Kent Masonic Hall , 805 E . Smith King Co . Tax # 192205-9274-08 Rob Hamlin - 852-8180 Duplex House , 705-707 E . Smith King Co . Tax # 192205-9169-06 Annette Korakis - 631-3770 Large Old Home , 855 E . Smith King Co . Tax # 192205-9105-03 Jack B . Keck - 852-4121 As you probably understand : 1 . The house at 705-707 is not a single house it is a duplex and very close to the highway. 2 . The Masonic Hall has no connection with single housing . 3 . The house at 855 is a very fancy old house built in 1907 with too much area action for single housing . 4 . The West edge of this group of properties is next to Commercial Zoning . Therefore , we respectfully request that the Comprehensive Plan be amended to Office Zoning or some other designation for zoning . You may make contact with the above three folks if you need further information . Y . Jack B . Keck 855 E . Smith Kent , Wa 98031 KENT PLANNING COMMISSION MINUTES February 22, 1993 The meeting of the Kent Planning Commission was called .to order by Chair Martinez at 7 : 00 pm on February . 22 , 1993 in the Kent City Hall, Chambers West. PLANNING COMMISSION MEMBERS PRESENT: Linda Martinez, Chair Gwen Dahle Albert Haylor Edward Heineman, Jr. Kent Morrill Kenneth Dozier Raymond Ward PLANNING COMMISSION MEMBER ABSENT: Christopher Grant PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Chris Holden, Recording Secretary APPROVAL OF JANUARY 25 , 1993 MINUTES The MOTION was made to accept the January 25, 1993 minutes as presented. The motion was SECONDED. Motion CARRIED. COMPREHENSIVE PLAN MAP AMENDMENT - SINGLE FAMILY RESIDENTIAL TO OFFICE #CPA-93-1 Fred Satterstrom, Kent Planning Department, explained the Comprehensive Plan Map Amendment request. Mr. Satterstrom displayed view foils depicting 1) the Comprehensive Plan Map zoning for the area and 2) the actual zoning in the area. Mr. Satterstrom further explained that the requested amendment area is also in the single family zoning overlay. The widening of the street to accommodate increased traffic volumes affected the properties also. The City staff is recommending that the Comprehensive Plan Map be amended from single family to office and that the single-family designated overlay zone be eliminated for these properties. Mr. Rob Hamlin, Vice-President of the Masonic Hall Association and Mr. James Keck, applicant, supported the Comprehensive Plan Amendment request. 1 f Planning Commission Minutes February 22, 1993 MOTION made to close the public hearing. The motion was SECONDED and APPROVED. Commissioner Haylor MOVED to amend the Comprehensive Plan Map from single family to office and that the single-family designated overlay zoned be eliminated for these properties. MOTION was SECONDED AND APPROVED. Chairman Martinez informed Mr. Keck that this Comprehensive Plan Map amendment would be presented to the City Council on March 23 for their consideration. CRITICAL AREAS REGULATIONS #CPA-91-1 AND #ZCA-91-3 cha�' Martinez briefly reviewed the background of the critical areas' ordinance. Chair Martinez commente /the sub-committee' s propos 1 would be considered this evening. She requested a report from Ci staff. Fred Satte trom, Planning Department, succinctly explained the need for a t' ely but well-consider d ordinance. Tom Brubaker, As ' stant City Att ney, stated the City is mandated under the Growth anagement act to have a wetland ordinance. Failure to comply wi the Gr bath Management Act requirements could cause mandated serio pen lties to occur if determined by the Growth Planning Hearin card that the City has violated the Growth Management Act. The Act stated that on or before September 1, 1991, each it must designate and develop regulations that protect critical reas ich includes wetlands. An extension was granted to March 992 . The tate can determine to withhold any one or more of the ollowing st to revenues: the motor vehicle fuel tax, the t nsportation i rovement account, the urban arterial trust ac cunt, the rural ar rial trust account, the sales and use tax, t liquor profit tax nd the liquor excise tax. Theoretically, our violation of the Gr wth Management Act could subject the C' y to the loss of its reven from any one or all of those taxes. The RCW on extension stat , the Department of Ecology may extend the date by which the Ci I is required to designate ritical areas including wetlands or the date by which the City s required to protect such wetland if the City demonstr tes its proceeding in an orderly fashion a is making a good f th effort to meet these requirements. An exte ion may be up for to an additional 180 days . The length of the xtension shall be based on the difficulty of the effort to confo with these requirements. 2 Iv �� Kent City Council Meeting Date March 16. 1993 Category Other Business 1. SUBJECT: CATHOLIC COMMUNITY SERVICES - EMERGENCY SEVERE WEATHER SHELTER PROCEDURAL CHANGE 2 . SUMMARY STATEMENT: The Human Services Commission and the Planning Committee have recommended that Catholic Community Services be allowed to ration the remaining dollars for the Emergency Severe Weather Shelter Program to make it stretch through the end of 1993 . In order to do this, in February CCS started vouchering only in extreme conditions or for families with children. The Council is being asked to allow CCS the flexibility to continue using its best judgement in administering the Emergency Severe Weather Shelter Program with this new procedure. 3 . EXHIBITS: Memo, Planning Committee Minutes of 3/2/93 and Human Services Minutes of 2/25/93 4. RECOMMENDED BY: Planning Committee (3-0 Vote) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO__>� _ YES FISCALIPERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember (I L; moved, Councilmember ���;.�bii_,� seconds to allow Catholic Community Services the flexibility to continue using its best judgement in administering the Emergency Severe Weather Shelter Program by vouchering only in extreme conditions. DISCUSSION• ACTION: Council Agenda Item No. 4C CITY OF r4T CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MIT MEMORANDUM March 16, 1993 TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: LIN BALL, HUMAN SERVICES MANAGER SUBJECT: EMERGENCY SEVERE WEATHER SHELTER PROGRAM (CATHOLIC COMMUNITY SERVICES) The City of Kent contracts with Catholic Community Services (CCS) to provide housing for the homeless during severe weather conditions per City Resolution #1266. Severe weather conditions are defined as nights in which the temperature is at or below 35 degrees fahrenheit, taking into account wind chill factor, or snow conditions exceeding or expected to exceed two inches in depth. Housing is provided through vouchers at local hotels and motels. Due to the increased number of homeless individuals and cold weather, the program ran out of funds in December of 1992. New City grant money became available in January of this year. $17, 000 is allocated to CCS in 1993 for this program. Over $7, 000 of this money was expended in January alone. Recognizing that they would quickly run out of money if they vouchered every "cold night" as defined by our contract, CCS decided they needed to ration the money to try to make it stretch through the year. They felt that this was the most responsible thing to do in order to be able to offer the Program during all the cold weather months of 1993, within the funding limits granted by the City. In February they have been vouchering only in extreme conditions, or if there is a family with children. They contacted the City to say this is what they're doing at this time, and that they feel they need to save the remaining dollars to provide shelter in the Fall cold weather period. They want to know whether the City concurs with this, or wants them to administer it differently. The Human Services Commission discussed this matter at its February 25th meeting and decided that the City Council needed to be advised of this situation, and that they needed the Council's guidance in this matter. They decided in the mean time (while taking it to Council) to inform CCS to continue to use its best judgement in rationing the funds. In recommending that CCS continue to administer the Program by rationing the funds, the Commission wants the Council to be aware that this recommendation goes against the adopted resolution for this Program. The Commission also wants to point out that even Emergency Severe Weather Shelter Program (CCS) March 16, 1993 Page 2 with rationing the funds, they still may not be able to meet the needs this Fall. The Commission is asking the Council if they agree with its recommendation to direct CCS to continue to use its best judgement in rationing the funds; or if they feel that CCS should expend the funds based on the need within the strict interpretation of the Resolution, recognizing that when the money is depleted the agency may approach the City for more money to house the homeless for the remainder of the year. The Planning Committee discussed this item at its March 2nd meeting and recommends that CCS be allowed the flexibility to continue to use its best judgement in rationing the allocated funds, in order to ensure that there will be funds available to house the homeless during all of the severe weather months of 1993 . Requested Action Direct Catholic Community Services to continue to use its best judgement in rationing the allocated funds, in order to ensure that there will be funds available to house the homeless during all of the severe weather months of 1993 . LB/mp:a:CCS3 . 16 cc: James P. Harris, Planning Director CITY COUNCIL PLANNING COMMITTEE MINUTES MARCH 2 , 1993 PAGE 3 INTERIM ACTIONS MANDATED BY COUNTY-WIDE PLANNING POLICIES/MINIMUM RESIDENTIAL DENSITIES (L. YEATS-OUILICI) At the request of the Committee at its February 16 meeting, Planner Laura Yeats-Quilici distributed and reviewed a report showing a comparison of residential densities in other jurisdictions and single family plat history from 1982 to 1992 . Councilmember Bennett MOVED and Councilmember Johnson SECONDED a motion to send this item to the Planning Commission for a more detailed discussion of the alternatives. Motion carried. ORDINANCE TO INCREASE PLANNING DEPARTMENT'S 1993 MISCELLANEOUS FEES (M. PORTER) Administrative Assistant Margaret Porter reported that as part of the 1993 budget approval process several permanent revenue enhancement proposals were adopted by the Council, one of which is to increase miscellaneous Planning Department charges by $3 , 760. The Department proposes to increase the zoning permit fee from $25. 00 to $32 .00. Based on the issuance of 522 zoning permits in 1992 and forecasting the same for 1993, this $7. 00 increase will raise the $3 , 760. She noted that Ordinance No. 2667 must be amended to accomplish this. Councilmember Johnson MOVED and Councilmember Bennett SECONDED a motion to amend Ordinance No. 2667 to increase the zoning permit fee to $32 . 00 in order to implement an increase of $3 , 760 in miscellaneous Planning Department fees as adopted in the 1993 budget. Motion carried. ADDED ITEMS CATHOLIC COMMUNITY SERVICES (CCS) EMERGENCY COLD WEATHER SHELTER (L. BALL) Human Services Manager Lin Ball reported that Catholic Community Services has notified the City that over $7, 000 of the $17 , 000 allotted in 1993 for the Emergency Severe Weather Shelter Program was expended in January 1993 due to the increase of homeless individuals and continuing cold weather. Recognizing that they would quickly run out of money if they vouchered every cold night as defined by the contract, CCS decided they needed to ration the money to make it stretch through the year. In February they have been vouchering only in extreme conditions or if there is a family with children in need of shelter. CCS would like to know if the City concurs with this action. The Human Services Commission discussed this matter at its February 25 meeting and decided that they needed the council ' s guidance in this matter. In the meantime, the Human Services Commission decided to inform CCS to continue to use their best judgment in rationing the funds. The Commission also wants the Council to be aware that rationing the funds KENT HUMAN SERVICES COMMISSION MINUTES OF FEBRUARY 25, 1993 MEETING PAGE 2 Peter Duggan announced that due to other commitments he has resigned effective March 1 , 1993 . APPOINT REPRESENTATIVE TO SOUTH KING COUNCIL OF HUMAN SERVICES Lucyle Wooden volunteered to attend the South King Council of Human Services meetings and represent the Kent Human Services Commission. CITY' S RESPONSE TO THE HOMELESS - UPDATE The Kent Seventh Day Adventist Church has commitmented to a pilot program of sheltering 10 homeless individuals one night per week. The church currently feeds the homeless on Wednesday and Saturday nights, and will tie in the shelter program with the existing meal program. Lin Ball reported that Catholic Community Services has notified the City that over $7 , 000 of the $17 , 000 allotted in 1993 for the Emergency Severe Weather Shelter Program was expended in January 1993 due to the increase of homeless individuals and continuing cold weather. Recognizing that they would quickly run out of money if they vouchered every cold night as defined by the contract, CCS decided they needed to ration the money to make it stretch through the year. In February they have been vouchering only in extreme conditions or if there is a family with children in need of shelter. They estimate that they have spent $101000 through February 1993 . CCS would like to know if the City concurs with this action. The Commission decided that they need the Council ' s guidance in this matter. In the meantime, the Commission decided to inform CCS to continue to use their best judgment in rationing the funds. This issue will be taken to the Planning Committee on March 21 1993 . The Council will be asked if they agree with the Human Services Commission recommendation to direct CCS to continue to use its best judgment in rationing the funds, or if they feel CCS should expend the funds based on the need within the strict interpretation of Resolution #1226 recognizing that when the money is depleted the agency may approach the City for more money to house the homeless for the remainder of the year. Susan Ramos will attend the Planning Committee meeting on March 21 and Tim Clark will attend the March 16 Council meeting. NEW BUSINESS TIMELINE AND PROPOSED CHANGES TO THE 1993 AGENCY APPLICATION Kent City Council Meeting Date March 16, 1993 Category Bids 1. SUBJECT: 104th AVENUE SE AND SE 256th STREET LEFT TURN LANE IMPROVEMENT 2 . SUMMARY STATEMENT: Bid opening was March 4th with seven bids received. The low bid was submitted by Gaston Brothers Excavating in the amount of $398, 951. 44. The Public Works Committee has recommended this bid be accepted, subject to concurrence therein by the Transportation Improvement Board (TIB) . 3 . EXHIBITS: Public Works Committee Minutes, memorandum from Public Works Director and vicinity map 4. RECOMMENDED BY: Public Works Committee (2 to 0 vote with Councilman White 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: rI Councilmember ,� _moves, Councilmember secondw�cl that the contract for 104th Avenue SE & SE 256th Street Left Turn Lane Improvements be awarded to Gaston Brothers Excavating in the amount of $398 , 951. 44 , subject to the concurrence by TIB. DISCUSSION• i ACTION:- Council Agenda Item No. 5A Haenel stated the ordinance itself was a general ordinance that gives Council power to pass and create certain restricted parking zones. He said this was merely an umbrella ordinance and the subsequent ordinance would be passed to incorporate various certain areas throughout the town. Mann suggested scratching the phrase "to the Kent Commons and other high traffic areas . . . " and making the sentence complete in the ordinance without any reference to Kent Commons. Doolittle was in agreement. Committee unanimously agreed to recommend that Council adopt the Restricted Ordinance with the above corrections. LID 333 - Sianalization at 72nd/180th Street Committee unanimously agreed to accept this contract as complete. 104th Avenue SE & SE 256th Street Left Turn Lane Improvement Wickstrom stated that bids were opened on March 4th and we received the low bid of $398, 951.44 . This is within the budgeted funds we have allocated for this project and we would like to move it forward for Council award at the March 16th City Council meeting. Wickstrom also stated that- the awarding of this contract was subject to TIB concurrence. Committee unanimously agreed to recommend Council acceptance of the bid of $398, 951.44 . Kent School Administration Remodel Bill Sale Committee unanimously agreed to accept this bill of sale. Under further discussion, Mrs. Rust inquired whether O'Brien School was going to be used for a teen center. Mann stated that accommodations would have to be made in order to make this a reality in order to reopen the school and follow the codes. He said it would cost the School District, approximately $1, 002,000 and they would like the City to give consideration to the fact that certain codes came into existence after the school was built originally. Mann stated that the City should be concerned with the immediate needs, but continued to say that the Council Committee is at least looking at the situation over the long term as to the best location for a youth facility. He expressed a desire for the City to work with the School District and various other agencies. Bicycle Lockers Bennett brought up bicycle lockers at the Park and Ride for discussion and noted that he felt it was part of the Metro Transit 4 DEPARTMENT OF PUBLIC WORKS March 4, 1993 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM 50 RE: 104th AVE SE & SE 256th ST LEFT TURN LANE IMPROVEMENT - Bid Opening This project constructs a double left turn lane (southbound to eastbound) and right turn lane (westbound to northbound) at 104th Ave. SE & SE 256 St. along with left turn car storage improvements on SE 256 St. at Kent Kangley Rd. Bid opening is scheduled for March 4th. We will bring a summary of the bids received and a recommendation for award to the Committee meeting. DEPARTMENT OF PUBLIC WORKS March 4, 1993 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM tI RE: 104th AVE SE & SE 256th ST LEFT TURN LANE IMPROVEMENT Bid opening was this morning with seven bids received. The low bid was submitted by Gaston Brothers Excavating in the amount of $3981951.44 . It is recommended this bid be accepted and the contract awarded to Gaston Brothers Excavating. BID SUMMARY Gaston Brothers Excavating $398, 951. 44 West Coast Construction, Inc. 420, 591.43 Lakeridge Paving 442 , 201.72 Gary Merlino Construction 462, 227 . 67 Klokstad Construction Co. 462, 552 . 59 R. L. Alia Co. 473 , 974.70 Tri-State Construction, Inc. 488, 217 . 25 Engineer' s Estimate $490, 178 . 88 _ �u SCHOOL i s 242No< a ST in z S 243RD = W a S ST in BE 244TH W < .TAMES ;N T $ D S F W S 246TH 247TH i PL q SE 247TH ST x S W CT O ' k > S 248TH ST BE 248TH ST S q if a w J O < •�Y x ��� '�•�� 516 W SE 25 c �.9 3T �;� E• S 1252ND - SE 25tND ST / ` PROJECT LOCATION = \1r`J '�1y 1 /'•'Iy�• v '' W S '•1;.'}� !t 'Jtfr• French BE 252ND $ w Field ST •"*Co'u" * 515 > < .W BE 254TH < Pdie�. < f b {�v y�. �07 KENT—MERIDIAN = Z =SR. .. W r, in JT a q ST �' !ti�i BE 2 TH ST „ yQ 1 30 '0 30 n 29 28 $ S r`r '`'`• ..,y s .E. S7,1L a < Kv,. � t Swrn b S .. '' '•�rP Tennis Ciuh �` ViJ \i;:'1), ,o g K I N T -METERY �PA HK !�• 1 W BE BE 59T SE 260TH ST q 260ST �. ST SCENIC MILLS 0 ELEMENTARY SCHOOL a I s 2ST1111 W (Pvl)SEQUOIA . > S f6tM0 •�• SCHOOL11 a x ►1 I x J i $ Athletic Field s� BE 264TH ST SE 7 s a Ft 2s, b m SE 265TH a •, Water BE 2 PL HBSe ST _ w w SE 267TH W m BE 268TH LM `^ u a ST a ~ N SE 266TH PL SE 269TH _ SF i SE 270TH ��/yA S�• < r s Fy BE 270TH ST <S F \ PL \1 .SE 271ST T R 80 29 104 AVE SE & SE 256 ST SE 272ND ST �-- LEFT TURN LANE IMPRVMT 31 32 19 CONTINUED COMMUNICATIONS A. R E P O R T S COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. ; PUBLIC WORKS COMMITTEE D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE 'F.i PARKS COMMITTEE �y I lE ier 1 . 1 ' r c A G. BUDGET COMMITTEE r r - H. ADMINISTRATIVE REPORTS j,! 4 MCCARTHY,TONY / KENT70/AD - HPDesk print. ----------------------------------------- eject: 3/16 ADMINISTRATIVE REPORT Creator: Tony MCCARTHY / KENT70/AD Dated: 01/06/93 at 0949. TO: MAYOR KELLEHER, COUNCIL PRESIDENT WOODS AND COUNCIL MEMBERS THE PLANNING DEPARTMENT WAS NOTIFIED OF 2 RESIGNATIONS ON MARCH 4TH. THIS WAS IN ADDITION TO THE 3 RESIGNATION THAT HAD PREVIOUSLY OCCURRED IN 1993 . BECAUSE OF THESE PREVIOUS RESIGNATIONS, THE HUMAN RESOURSES STAFF WAS IN THE PROCESS OF EVALUATING THE REPLACEMENT OPTIONS. WITH THE 2 ADDITIONAL RESIGNATIONS, THOUGH, THE CITY HAD NO CHOICE BUT TO MOVE AHEAD WITH 2 RECRUITMENTS AND IMPLEMENT A JOB ROTATION PLAN TO MOVE 1 PERSON FROM ANOTHER CITY DEPARTMENT. IN ADDITION A PLANNING GIS PLANNER WILL ASSUME CURRENT AND LONG RANGE PLANNING FUNCTIONS WITH THE INFORMATION SERVICES DEPARTMENT PROVIDING BACKUP ON THE GEOGRAPHIC INFORMATION SYSTEM (GIS) . THIS SHOULD PROVIDE, ASSUMING THAT GIS CAN BE ASSUMED BY INFORMATION SERVICES, A TOTAL OF 4 FTE'S FOR PLANNING AND HUMAN SERVICES FUNCTIONS. THE KENT LIBRARY BOARD AT THEIR MEETING OF MARCH 9TH APPROVED A NEW LANDSCAPING PLAN FOR THE LIBRARY. THE PLAN WILL PROVIDE A MORE NORTHWEST LOOK WITH NATURAL RATHER THAN ORNAMENTAL GRASSES. SOME OF THE EXISTING PLANTS WILL BE SAVED AND MOVED TO THE FEDERAL WAY LIBRARY AT THE LIBRARY DISTRICT'S EXPENSE. THE REMAINING COST OF PREPARATION, PLANTS AND SODDING WILL BE SPLIT 50/50 WITH THE LIBRARY DISTRICT. THE CITY'S COST IS ESTIMATED TO BE ABOUT $6, 000 WHICH WILL COME FROM THE REMAINING FUNDS IN THE LIBRARY CONSTRUCTION BUDGET. THE WORK IS UNDERWAY AND SHOULD BE COMPLETE BY ABOUT THE END OF MARCH. GOLF RFP'S ARE DUE ON 3/15 AND HAVE BEEN RECEIVED. A SELECTION Cv14MITTEE OF GOLF ADVISORY BOARD MEMBERS PLUS DON OLSON, PATRICE THORELL AND MYSELF WILL BE REVIEWING THE RFP'S. THE SCHEDULE CALLS A RECOMMENDATION BEING MADE TO THE PARK COMMITTEE ON 4/6 WITH THE COUNCIL HEARING THE PROPOSAL ON 4/20. UPCOMING EVENTS 3/20 RUS RD PK HAZARDOUS WASTE COLLECTION EVENT 4/12, 13 , 14 WH FIRE STA COUNCIL / DEPARTMENT HEAD RETREAT 5/1 OPENING OF SATURDAY MARKET 7/16-17 KM/PAR3 BALLOON CLASSIC 7/16-18 CORNUCOPIA 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 Parks Committee Minutes March 2, 1993 Councilmembers Present: Jim Bennett, Chair; and Jon Johnson. Present: Tony McCarthy, Tom Brubaker, May Miller, Alana McIalwain Staff , Helen Wickstrom, Patrice Thorell , Cheryl Fraser, Lori Hogan, Jack Ball , and Pam Rumer. Others Present: Mary McCarthy and Bill Doolittle. EAST LAKE FENWICK ANNEXATION Staff requested authorization to proceed with the annexation of East Lake Fenwick Park. Tom Brubaker informed the Committee he just recently discovered that the City does not have to go through the Boundary Review Board, as the property is continguous and is owned entirely by the City, and the annexation is for municipal purposes. Helen Wickstrom explained that this property was acquired for the Lake Fenwick Trail which is part of the King County Open Space Bond project. Staff wants to annex the portion located in the County which Kent owns so that the entire park is located within the Kent city limits. Wickstrom felt that this will also make police control easier. Wickstrom explained for Councilmember Bennett that no residences will be involved in the annexation. Councilmember Johnson moved to recommend that the City Attorney prepare an annexation ordinance for the March 16 City Council meeting. Councilmember Bennett seconded. The motion passed with a 2-0 vote, as Councilmember Houser was not present.* OPERATION OF KING COUNTY TURNKEY PARK Staff received a letter from King County Parks stating that due to budget cutbacks, the County is proposing to close Turnkey Park located at 233rd and 100th Avenue SE, and to move all park K enhancements there taking over operation. The Count is willing o deed park to the City of Kent if is interested Wickstrom explained that the park is located on 6.4 acres. She, Jack Ball , Barney Wilson and Ken Chatwin visited the site and found the play equipment to be in excellent condition and the park to meet ADA requirements. It was discussed that the park will be maintained within the current Park Maintenance budget. Councilmember Johnson moved to recommend to Council that the City of Kent take over operation of Turnkey Park from King County. Councilmember Bennett seconded the motion. The motion passed with a 2-0 vote, as Councilmember Houser was not present.* 2 EAST HILL PARK AND SCENIC HILL PARK BID OPENINGS Helen Wickstrom reminded Committee members that she received their authorization to place the East Hill and Scenic Hill Park bids on the March 2 City Council agenda if the two projects came in within bid. Timing is important, as funding for both projects expires at the end of June. Golf Landscaping was the low bidder for the Scenic Hill Park project, with a bid of $345,700.00. The engineer's estimate was $397,500. Wickstrom felt the City received a very good bid. The same contractor was the low bidder for the East Hill Park project as well , with a bid of $348,400.00. The engineer's estimate for this project was a range of $372,000 to $420,000. Staff has worked with this contractor before and Wickstrom felt that one reason for such good bids is because Golf Landscaping, Inc. is small enough that the company does everything except maybe for the asphalting. Wickstrom pointed out for Councilmember Bennett that the bids for both projects include all of the alternates. KRONISCH PROPERTY UPDATE Jack Ball said that the City received a request to clean up the Kronisch property on the west hill , and reported that all blackberries have been taken down and everything has been cleaned up. Throughout the spring, staff plan to do some blading, prepping and seeding before summer. Ball asked whether the City still has plans for fencing the property. He had the property surveyed and suggested that staff could border the property line with large rocks which are on the property. Tony McCarthy explained that the proposal to fence the property was to keep litter from businesses in the area off of the park. Due to lack of funding, McCarthy suggested that the City may want to hold off on fencing unless the Council would like to take a different direction. He felt perhaps the new nuisance ordinance the City Attorney's office is preparing may encourage the businesses to keep their properties clean. Councilmember Bennett said he would like to see the area before making any decisions. Ball said he feels his crews did an excellent job of cleaning up the property. McCarthy commended Ball and his staff for their quick response in cleaning up the park. KENT LITTLE LEAGUE FIELD USE UPDATE Lori Hogan reported that staff received a written proposal from Kent Little League on Monday. The group's usage from early March until the third week in May will continue this year. Little League will also continue to pay last year's fee schedule in 1993. Hogan said staff is concerned about the Little League request for a seven year contract term; staff would like to agree on a 3-4 year term. Due to budget constraints, Little League is also .proposing that if the fence is to be installed this year, installation be done by Little League volunteers. Hogan said that staff is also concerned about 3 this. The alternative is to hold of onfencing ctallatiol next spring when the Little League budget would allow for professional Hogan added that the City Attorney and Risk Analyst are also concerned about installation by non-bonded workers. Councilmember Bennett questioned whether the City could get a vendor to supervisor the installation by Little League volunteers. He was in support of some type eer effort so that Little League could use their funds for a better cause next year. Brubaker commented that the goal is to avoid City liability and to stay in control of the situation. He suggested that something could be worked out, but opined that the City should also receive a warranty period on the installation. Councilmember Johnson commented that this type of thing has been done before, and suggested that the City could have volunteers sign a release indemnifying the City. Hogan said that staff is still working with Little League, and she is hopeful that she will have something formal to propose at the next Parks Committee meeting. Brubakr the t has year'se agreement dform 1993esomLittle League ndoes have tuse� fh the�fi extended elds this year. YOUTH ACTIVITY CENTER REPORT In December 1992 Council passed a resolution to set up a committee to investigate the feasibility of creating a youth center. Fraser said the committee is formed and is proceeding with four directives included in the resolution: • look for an appropriate location for a facility • look at types of programs/activities the center anshould rating the • estimate cost of creating, maintaining facility • research potential funding for the center Fraser reported that the committee hopes to have a final report to the Council in May. There have been three meetings to date, and committee members have toured a number of youth facilities in the Puget Sound area, gathering a great deal of information and input. he ommittee oted to ee uning for a more formal feasibilitya and cneeds tassessment. tThe cestimated vcost for sth k f sassessment is $30,000. Councilmember Bennett suggested that the Youth Activity Center Committee come up with a better description than youth center for marketing reasons. Fraser commented that the committee is pleased with the strong cooperation being built with Kent School District. She said there have even been discussions regarding holding a joint City Council/School Board meeting. P 4 GOLF ADVISORY BOARD REPORT Alana McIalwain, on behalf of Doug Schwab, gave a report of issues addressed at the last Golf Advisory Board meeting. _ Early last week, Larry Gilhuly of the USGA Greens Section did an evaluation of the golf course. The weather was uncooperative so he did not do his anticipated evaluati'on, but he did make some recommendations on which staff will follow through. McIalwain said Mr. Gilhuly will be back in April to do a more thorough evaluation. Golf Advisory Board made a few recommendations at their meeting: 1) That the City should immediately begin the process to advertise and interview for a Golf Complex Operations Manager. A job description has been drafted and will go out to the Golf Advisory Board today for review so that processing and advertising for that position may begin. 2) That the City receive 2-3 estimates on irrigation system installation to evaluate cost and feasibility of completing that project. The Golf Advisory Board discussed the RFP and management contract, and members did not feel the City should require the Director of Golf to assume the power cart lease currently held by the City. The carts are four years old. McIalwain pointed out that this is currently part of the proposal , so it would have to be negotiated. McIalwain announced that the selection committee for the Director of Golf will have its first meeting Wednesday evening, March 3, at 6:00 p.m. She said that all Golf Advisory Board members have been invited to participate on the selection committee as well as Alana McIalwain, Tony McCarthy, Patrice Thorell and Don Olson. The selection committee will begin talking about the criteria to be evaluated as well as the entire selection process. KENT AMERICAN LEGION BASEBALL COMMERCIAL SIGN PROPOSAL FOR KENT MEMORIAL PARK McCarthy announced that the Parks Committee will discuss the Kent American Legion Baseball Commercial Sign Proposal at the next Parks Committee meeting, as Mr. Miller was not present at the meeting to discuss the issue. * Helen Wickstrom contacted Councilmember Houser by phone and explained the East Lake Fenwick Annexation and the Transfer of King County Turnkey Park to the City of Kent. Councilmember Houser voted in favor of both issues. The Transfer of King County Turnkey Park will appear on the March 16 Consent Calendar for full Council consideration. The East Lake Fenwick Annexation will appear on the April 6 Consent Calendar. BRENDA JACOBER (please put in Council agenda packet), CITY OF )0\LL120"T CITY COUNCIL PLANNING COMMITTEE March 2 , 1993 4: 00 PM gAaIIQ:gD Committee Members Present Other City Staff Leona Orr, Chair Mary Berg Jon Johnson Laurie Evezich Jim Bennett Gary Gill Bob Hutchinson Planning Staff Roger Lubovich Tony McCarthy Lin Ball Larry Webb Sharon Clamp Don Wickstrom Jim Harris Margaret Porter Guests Laura Yeats-Quilici Fred Satterstrom List available upon request GROWTH MANAGEMENT UPDATE (F SATTERSTROM) Planning Manager Fred Satterstrom reported that the Planning Commission made it way through approximately one-half of the wetlands ordinance at its February 22 , 1993 meeting. The public hearing is continued to March 8, 1993 , and the ordinance may go to the full Council in April. Mr. Satterstrom also reported that the City of Snoqualmie challenged the Countywide Planning Policies arguing that the County has no right to dictate how land use decisions are made within city limits. The Central Puget Sound Hearing Board ruled that the process of creating the policies was valid, however, three policies were rejected for being too specific and intrusive. House Bill 1761 dealing with time extensions for complying with the Growth Management Act is currently before the House Local Government Committee of the State Legislature. This bill expands the deadline for approximately one year and may phase the deadlines for groups of cities. At the March 16 Planning committee meeting, Mr. Satterstrom would like to talk more in depth about the Growth Management Act, the timelines, and the EIS requirement in relationship to the loss of Planning staff. PERMIT CENTER Tony McCarthy related that Mayor Kelleher supports his task force committee's report. The Mayor feels something needs to happen in Building to coordinate the efforts of the different departments that CITY COUNCIL PLANNING COMMITTEE MINUTES MARCH 21 1993 PAGE 3 INTERIM ACTIONS MANDATED BY COUNTY-WIDE PLANNING POLICIES/MINIMUM RESIDENTIAL DENSITIES (L. YEATS-QUILICI) At the request of the Committee at its February 16 meeting, Planner Laura Yeats-Quilici distributed and reviewed a report showing a comparison of residential densities in other jurisdictions and single family plat history from 1982 to 1992 . Councilmember Bennett MOVED and Councilmember Johnson SECONDED a motion to send this item to the Planning Commission for a more detailed discussion of the alternatives. Motion carried. ORDINANCE TO INCREASE PLANNING DEPARTMENT' S 1993 MISCELLANEOUS FEES (M. PORTER) Administrative Assistant Margaret Porter reported that as part of the 1993 budget approval process several permanent revenue enhancement proposals were adopted by the Council, one of which is to increase miscellaneous Planning Department charges by $3 ,760. The Department proposes to increase the zoning permit fee from $25. 00 to $32 . 00. Based on the issuance of 522 zoning permits in 1992 and forecasting the same for 1993 , this $7 . 00 increase will raise the $3 , 760. She noted that Ordinance No. 2667 must be amended to accomplish this. Councilmember Johnson MOVED and Councilmember Bennett SECONDED a motion to amend Ordinance No. 2667 to increase the zoning permit fee to $32 . 00 in order to implement an increase of $3 , 760 in miscellaneous Planning Department fees as adopted in the 1993 budget. Motion carried. ADDED ITEMS CATHOLIC COMMUNITY SERVICES (CCS) EMERGENCY COLD WEATHER SHELTER (L. BALL) Human Services Manager Lin Ball reported that Catholic Community Services has notified the City that over $7 , 000 of the $17, 000 allotted in 1993 for the Emergency Severe Weather Shelter Program was expended in January 1993 due to the increase of homeless individuals and continuing cold weather. Recognizing that they would quickly run out of money if they vouchered every cold night as defined by the contract, CCS decided they needed to ration the money to make it stretch through the year. In February they have been vouchering only in extreme conditions or if there is a family with children in need of shelter. CCS would like to know if the City concurs with this action. The Human Services Commission discussed this matter at its February 25 meeting and decided that they needed the Council' s guidance in this matter. In the meantime, the Human Services Commission decided to inform CCS to continue to use their best judgment in rationing the funds. The Commission also wants the Council to be aware that rationing the funds PUBLIC WORKS COMMITTEE MARCH 4, 1993 PRESENT: DON WICKSTROM DAVID HAENEL ED WHITE ARNOLD EVANS TOM VETCH BILL DOOLITTLE SCOTT WOODS MR. & MRS. RUST MAY MILLER PAUL MANN TOM BRUBAKER JIM BENNETT ROGER LUBOVICH Arnold Evans Water Meter Issue Evans stated that he had received an exceedingly high water bill from the City of Kent during the winter months. After investigating his outdoor plumbing, he discovered that one of his facets had leaked and felt that it was a direct result of the winter storm we experienced in January. Customer Services Staff were then notified to recheck the meter for any potential leaks; however, no leaks were established nor was there any movement on the meter. After a phone conversation with Councilman Jim White, Evans was then directed to come before the Public Works Committee and discuss the possibility of an adjustment against the $116 water bill that he previously paid. Vetch explained that the City policy is that a leak has to be established. He said the City was sympathetic to Mr. Evans ' situation and that it was a freak of nature that it happened, but went on to say that after rechecking the meter, is was verified that there was not a leak. After two readings had been taken since the potential leak was first brought to the City's attention, there was no doubt that a considerable amount of water had been used. Vetch also stated that for the 2-month time period, approximately 2 , 600 cubic feet of water had registered and that Evans normally uses about 700 cubic feet. Vetch said Evans' entire utility bill was $116. 61, but the water consumption totaled $93 .96. Vetch said that Evans normally pays for water in the $5 to $10 range and admitted that the bill was quite high. He said that the adjustment under the policy would be 50% of the adjusted amount, providing that a leak had been 1 ordinance that "Council finds that accidental leaks to or failure of private water systems. . .adversely impact the City's ability to provide adequate water resources. . . " . Brubaker said under the words, if the Council wanted to go forward it was fine and Evans could be given a one time credit on his system, but arguably under the phrase "failure of a private water system" due to the storm, the Council might be able to find grounds to support the one time credit. Brubaker asked Mr. Evans if he understood that under the City policy this credit is only extended one time per residence, so if he had a bonafide leak next month and it cost him $200, he would be out the full $200. Evans said he understood. Brubaker told Bennett and Mann that he felt there was probably a little room to move under the phrase "accidental leak. . .or failure of. . . " but he agreed with Miller that under these particular circumstances, under this storm, they could consider it to be a failure of a private water system. Wickstrom stated that if the Councilmembers were agreeable to the interpretation, a 50% credit/reduction of approximately $43 could be given. Mann asked Evans if this would be acceptable to him; Evans replied that the adjustment was satisfactory. Committee unanimously agreed to recommend approval of the Arnold Evans Water Bill Adjustment. Restricted Parking Ordinance Wickstrom stated that as far as Public Works was concerned, the cost of implementing this ordinance was approximately $6, 000 for time and materials. Bennett asked Wickstrom if this was where the City would go to stickers versus the parking signs. Wickstrom confirmed that it would. Haenel submitted a slightly updated draft of the ordinance incorporating the suggestions of the Public Works Director. Haenel said the only changes being that anytime that the City Engineer is referenced, they changed it all to the Director of Public Works and/or his designee, just so it is consistent throughout. Committee unanimously agreed to recommend that Council adopt an ordinance on Restricted Parking. Further discussion was made by Bill Doolittle who inquired whether the City was having a problem with people parking along 6th Street in the vicinity of Kent Commons and questioned why the Commons was even mentioned. Brubaker said there had been an on-going problem around the Commons. 3 c scheme of things. In the short term, he said Jim White said that there may be ISTEA Money available to do such a thing. Ed White stated there were two issues: 1) There was a program called the Intermodel Surface Transportation Efficiency Act (ISTEA) that has an enhancement program where juridictions can apply for grant funds to do projects relating to non-motorized facilities, and 2) A grant application would be submitted to the Puget Sound Regional Council for evaluation. The criteria that they look for is the regional significance, cost effectiveness and the ability to implement the project within a fairly short period of time. White said we could certainly apply for funding, but the likelihood of getting actual funding is probably unlikely since the project may not be as competitive as others in the regional significance sense. Wickstrom stated that staff could prepare an application to be sent along with the other applications already prepared for grant funding. 5