HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 06/15/1993 City of Kent
City Council Meeting
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Agenda c
CITY OF
Mayor Dan Kelleher
Council Members
Judy Woods, President
Jim Bennett Paul Mann
Christi Houser Leona Orr
Jon Johnson Jim White
June 15, 1993
Office of the City Clerk
CITY OF
SUMMARY AGENDA
KENT CITY COUNCIL MEETING
June 15, 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. PU,BLIC COMMUNICATIONS
Proclamation - Dream Builders Day
2 . PUBLIC HEARINGS
None
3 . CONSENT CALENDAR
Minutes
_,.B. Bills
C. Excused Absences - Council President
/-D. Drinking Driver Task Force Appointment 312�
Canterbury Faire Street Closure - Ordinance 31zi
F. International Balloon Classic Street Closure - Ordinance
,G. 108th & 240th Traffic Signal & Signs
H. Interlocal Agreement - Flood Control Signs
io Traffic Signal Remodel at 100th Ave. & SE 240th St. -
Accept as Complete
,,3 Water System Improvements Phase II - Accept as Complete
,,K. Village on James St. - Phase I - Bill of Sale
L: Midway Crossing - Bill of Sale
M. Transit Advisory Board Appointment
N. 212/SR167 Wells and Treatment Facility - Budget Change
Request
4 . OTHER BUSINESS
Fireworks Ordinance
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k 5 B;J Nonconforming Structures ZCA-93-2 - Or 3 IZ_ L
C Area-Wide Zoning Amendments ZCA-93-3 - Ordinance ,_3
Civil Enforcement of City-Wide Code Enforcement
Provisions ZCA-93-5 - Ordinance 312- 4 { ZS
E. Municipal Court - Ordinance and Implementation Plan
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5 . BIDS
A. Golf Course Tractor
1B. Golf Course Mowers
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 - Dream Builders Day
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CONSENT CALENDAR
3 . City Council Action:
Councilmember ti moves, Councilmember tt4"�-
seconds that Consent Calendar Items A through N be approved.
Discussion �L-v
Action
3A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of
11 June 1, 1993 .
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3B. Approval of Bills.
Approval of payment of the bills received through June 15 , 1993
after auditing by the Operations Committee at its meeting on
July 6 , 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
June 1, 1993
Regular meeting of the Kent City Council was called to order at
7 : 00 p.m. by Mayor Dan Kelleher. Present: Councilmembers
Bennett, Houser, Johnson, Mann, Orr, White and Woods, Chief
Administrative Officer McCarthy, City Attorney Lubovich, Planning
Director Harris, Public Works Director Wickstrom, Police Chief
Crawford, Fire Chief Angelo, Acting Finance Director Miller, and
Human Resources Director Olson. Approximately 25 people attended
the meeting.
PUBLIC Employee of the Month. Mayor Kelleher announced
COMMUNICATIONS that Paula Fennell of the Fire Department has
been selected as Employee of the Month for June.
He noted that Paula works very conscientiously
with a deep sense of personal pride in the
performance of her Fire Department assignments,
and that she has significantly contributed to the
success of several programs, such as the Medic 1
program through which the Fire Department teaches
CPR to citizens.
Regional Justice Center Update. Wendy Keller,
Interim Project Manager, outlined the schedule,
noting that a Project Manager and the construc-
tion management firm will be hired by October.
She added that schematic design will also be done
by that time. She thanked the Mayor, Council and
Staff for putting together the technical com-
mittee, and noted that they have discussed ways
to handle traffic and parking, and will continue
to work together on it. She said the next step
is design development which will take four to
five months, after which construction documents
will be prepared, and that the whole process will
take approximately 19 months. She explained that
the majority of clean up will be done between the
time design is finished and the owners have moved
off the site. She noted that clean up includes
removal of two underground storage tanks and
demolition of the buildings . She said that they
will then call for bids, and that construction
will take approximately 20 months.
Keller then distributed copies of the justice
center, noting that it will consist of a court
building of four or five floors, and the
detention facility. The two buildings will be
connected by a vehicular sallyport so that
prisoners coming into the facility will not walk
through public areas.
Hugh Leiper pointed out that the majority of
voters in Kent voted against this facility.
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June 1, 1993
PUBLIC commuter Rail Update. D. J. Mitchell, Assistant
COMMUNICATIONS to the Chairman of Burlington Northern, noted
that they are prepared to move forward with
whatever agency is ultimately determined to be
responsible. He added that they have been
working on an operational plan and they want to
be sure that the proposed commuter rail improve-
ments compliment the proposed intercity passenger
service improvements. He stated that they would
be happy to discuss issues such as station
locations, bus routes, vanpooling and parking
with the City, even though it has not been
determined who will operate the system. He noted
that with the Regional Justice Center being built
downtown, Kent has a wonderful opportunity to
plan for such things. He noted that every
station will be designed to accommodate bicycles
and pedestrians, and that every train will be
accessible to the handicapped. Upon a question
from the Mayor, he explained that trains travel-
ing at low . speeds are involved in more accidents
because people think they can get around the gate
before the train arrives. He also said that,
depending on the station location, speeds will be
30-40 mph, and that speeds will not exceed the
legal limit of 79 mph. He added that the faster
the trains go, the less congestion there will be
in the community.
Hugh Leiper stated that trains and automobiles
need to be separated, possibly by elevating the
train tracks, and urged the Council to consider
this in their planning.
CONSENT BENNETT MOVED that Consent Calendar Items A
CALENDAR through L be approved. Orr seconded and the
motion carried.
MINUTES (CONSENT CALENDAR - ITEM 3A)
Approval of Minutes. APPROVAL of the minutes of
the regular Council meeting of May 18 , 1993 .
WATER (CONSENT CALENDAR - ITEM 3C)
Water Conservation Plan (Water System Plan
Amendment) . ADOPTION of Resolution No. 1361
relating to the Water Conservation Plan. The
adoption of a Water Conservation Plan is required
by the South King County Coordinated Water System
Plan, a regional plan for critical water supply
areas in South King County (including the City of
Kent) required by state law.
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June 1, 1993
TRAFFIC CONTROL Intersection of 108th and 240th. A friend of
Anna Heard, a sixth grade student at Park Orchard
Elementary School who was hit by a car in the
crosswalk on S.E. 240th at 108th Avenue S. E. ,
noted that a stoplight planned for that inter-
section would not be installed for a year and a
half. She asked whether it could be installed
sooner, so that no one else is injured or killed
there. Public Works Director Wickstrom explained
that each pole and signal is designed and built
specifically for the location, which takes
approximately 18 months. He added that this
issue will be discussed by the Public Works
Committee at 5 : 30 p.m. tomorrow, and that staff
recommends proceeding with the project and
establishing a budget for it. A woman from the
audience reiterated that there are many children
in the area and 18 months is too long to wait.
The Mayor invited all interested citizens to
attend the Public Works Committee meeting, and
White noted that the committee will-- look at
alternatives to use until the light- is installed.
A petition signed by 194 students was provided to
the City Clerk.
(CONSENT CALENDAR - ITEM 3J)
Traffic signal Remodel - 228TH & 84TH & SR167
Ramps. ACCEPT as complete the contract with The
V Company for a traffic signal remodel at 228th &
84th & SR167 Ramps, as recommended by the Public
Works Committee.
272nd/277th (OTHER BUSINESS - ITEM 4A)
CORRIDOR 272nd/277th Corridor - Road Improvement
Agreements. Lindental Meadows and Julie ' s
Addition are plats abutting the 277th Corridor
alignment along 116th Avenue SE. The Public
Works Committee has recommended that the Public
Works Director be authorized to sign the
Lindental Meadows Agreement and the Julie ' s
Addition Agreement. By these agreements, the
City would be an agent acting on behalf of the
developer and the City would build a minimum road
during the plat development, which would later
fit into alignment with the corridor project.
The Developer would pay the City the equivalent
cost which would have been incurred had they
constructed the streets in accordance with the
County' s approved plat requirement. WHITE MOVED
that the Public Works Director be authorized to
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June 1, 1993
272nd/277th sign the Lindental Meadows/City Agreement upon
CORRIDOR finalizing the details therein, and that the
Public Works Director be authorized to sign the
Julie' s Addition/City Agreement upon finalizing
the details therein. Bennett seconded and the
motion carried with Mann opposed.
PARKING (CONSENT CALENDAR - ITEM 3G)
Offsite Overflow Parking. ADOPTION of Resolution
No. 1363 relating to offsite overflow parking, as
recommended by the Public Works Committee. This
resolution establishes a City policy encouraging
sufficient onsite parking facilities and discour-
aging offsite overflow parking; the resolution
also would allow staff to review with developers
potential onsite parking insufficiencies in new
multi-family developments.
STREET (CONSENT CALENDAR - ITEM 3H)
OCCUPATION Kent Cornucopia Days. ADOPTION of Ordinance
No. 3119 granting a street occupation permit to
users, and authorizing the issuance of a Street
Occupation Permit to Kent Lions Club for Kent
Cornucopia Days, as recommended by the Public
Works Committee. This ordinance is a new
standard street use ordinance for all street
closures. In previous years, Cornucopia Days was
covered under its own ordinance; however other
organizations also request the use of streets for
their functions. As a result, the City has pre-
pared a standard ordinance aUd a standard Street
Occupation Permit for Street Closures .
UNFUNDED FEDERAL (CONSENT CALENDAR - ITEM 3F)
MANDATES Unfunded Federal Mandates. ADOPTION of
Resolution No. 1362 supporting the proposed
Federal Mandate Relief Act of 1993 , as approved
by the Budget Committee. This resolution is a
statement of support for H.R. 140, the Federal
Mandate Relief Act, as introduced by Congressman
Gary A. Condit of California. Congressman
Condit' s bill would eliminate the Federal
Government' s practice of imposing unfunded
federal mandates on state and local governments
which, when implemented, cause those state and
local governments to incur extensive implementa-
tion costs to comply with the federal mandates.
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June 1, 1993
ANNEXATION (CONSENT CALENDAR - ITEM 3I)
East Hill Annexation - Ramstead/Schneider
Annexation (City Properties) . AUTHORIZATION for
the Mayor to sign the 60% petition for all the
City's properties within the East Hill Annexation
area, as recommended by the Public Works Com-
mittee. In October of 1991, Council authorized
the circulation of a 60% petition for the subject
annexation. While an actual 60% petition has not
yet been received, the petitioner is still
pursuing same.
GROWTH (CONSENT CALENDAR - ITEM 3K)
MANAGEMENT ACT Growth Management Act Grant. ADOPTION of
Resolution No. 1364 relating to the 1992-93
Growth Management Act Grant Service Agreement
with King County. The Growth Management Act
provides funding to cities and counties that are
required to plan under the act. GMA funds are
distributed to the City of Kent through King
County. This resolution approves the agreement
between the City of Kent and King County for the
distribution of 1992-93 funds in the amount of
$34, 242 . The Planning Committee approved the
proposed service agreement on May 18 , 1993 .
POLICE (CONSENT CALENDAR - ITEM 3D)
1993 Correction Facility Health Services
Contract. ACCEPTANCE of and authorization for
the Mayor to sign the Seattle-King County Dept.
of Public Health contract to provide medical
services at the Kent Correction Facility, as
recommended by the Public Safety Committee on
May 17 . This is an annual contract that expired
on 12/31/92 . Contract negotiations were pro-
longed due to the desire to increase service and
reduce cost, which was successfully accomplished.
(CONSENT CALENDAR - ITEM 3E)
Washington Traffic Safety Grant - Safety Belt
Awareness Project. ACCEPTANCE of a Washington
Traffic Safety Grant for Kent Community Safety
Belt Awareness Project in the amount of $5, 000,
as recommended by the Public Safety Committee on
May 18th.
EQUIPMENT (BIDS - ITEM 5A)
RENTAL Highway Paint Striper. The bid opening was held
on May 5th with five bids received. The low bid
was submitted by Municipal Machinery in the
amount of $28 , 536 . 00 . The Public Works Committee
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June 1, 1993
EQUIPMENT has recommended that this contract be awarded to
RENTAL Municipal Machinery. WHITE SO MOVED. Woods
seconded and the motion carried.
Upon Houser' s question, Wickstrom explained that
this piece of equipment fits in the bed of a
pickup truck, that it will be used nearly full
time during the summer months, and that the truck
can be used for other things the rest of the
year.
The motion then carried.
APPOINTMENT (CONSENT CALENDAR - ITEM 3L)
Human services Commission Appointment.
CONFIRMATION of the Mayor' s appointment of Tony
Ladner to the Kent Human Services Commission. He
will replace Marvin Eckfeldt, who filled the
religious category and whose term expired.
Mr. Ladner' s appointment will continue to
January 1, 1996.
FINANCE (CONSENT CALENDAR - ITEM 3B)
Approval of Bills. APPROVAL of payment of the
bills received through May 28 , 1993 after
auditing by the Operations Committee at its
meeting on June 1, 1993 .
Approval of checks issued for vouchers :
Date Check Numbers Amount
5/16-5/31 130801-131252 $1, 411, 687 . 77
Approval of checks issued for payroll:
Date Check Numbers Amount
6/4/93 Checks 183882-184334 $ 310, 919 . 27
Advices 7068-7383 $ 349 . 891 . 12
$ 660, 810 . 39
REPORTS Council President. Woods reminded Councilmembers
that Suburban Cities will meet on June 16 at the
Kingdome. She noted that until further notice,
the first Tuesday of the month at 6 : 00 P.M. will
be reserved for workshop sessions. She asked
Councilmembers to review the draft poster of
target issues in Alana McIalwain' s office by the
end of the week.
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June 1, 1993
REPORTS operations Committee. Houser announced that the
Operations Committee will now meet on the first
Tuesday of the month at 4 : 00 p.m. in the Council
Chambers East. She added that if necessary,
meetings may be held on the third Tuesday.
Planning Committee. Orr announced that the
Planning Committee will now meet on the third
Tuesday of each month at 5: 30 p.m. , with the
option of a second meeting on the first Tuesday
of the month if a timely issue arises.
Administrative Reports. McCarthy stated that
SSMD has taken over operation of the golf course
and has hired approximately 24 City employees.
He added that three additional employees have
been placed in other City positions. He noted
that recruitment for the Maintenance Superinten-
dent has been extended, and that Mr. Sanden will
attend Parks Committee meetings in the future.
McCarthy introduced Fred Wilmuth who will assist
in the permit process development.
EXECUTIVE At 8 : 00 p.m. , McCarthy announced an executive
SESSION session of approximately ten minutes to discuss
labor negotiations.
ADJOURNMENT At 8 : 10 p.m. the meeting reconvened and
adjourned.
Q cl4�
Brenda Ja obe , CMC
City Cler
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Kent City Council Meeting
Date June 15 . 1993
Category Consent Calendar
1. SUBJECT: EXCUSED ABSENCES
2 . SUMMARY STATEMENT: Approval of Council President Judy
Woods , request for excused absences from the July 6th and
July 20th, 1993 City Council meetings.
3 . EXHIBITS: Memo from Council President Woods
4 . RECOMMENDED BY: Council President Woods
(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
CITY COUNCIL MEMBERS
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FROM: JUDY WOODS, CITY COUNCIL PRESIDENT
DATE: JUNE 1, 1993
SUBJECT: CITY COUNCIL EXCUSED ABSENCES
Since I will be out of town, I would like to request excused absences from the July 6th and July
20th, 1993, City Council meetings.
Thank you for your consideration.
JW.jb
Uw Kent City Council Meeting
Date June 15 . 1993
G Category Consent Calendar
1. SUBJECT: DRINKING DRIVER TASK FORCE APPOINTMENT
2 . SUMMARY STATEMENT: Confirmation of the Mayor' s appointment
of Mark Shaw to the Drinking Driver Task Force. He will
replace Tom Ripley, whose term expired. Mr. Shaw' s new
appointment will continue to January 1, 1996 .
3 . EXHIBITS: Memo from the Mayor
4 . RECOMMENDED BY: Mayor Kelleher
(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. 3D
MEMORANDUM
TO: JUDY WOODS, CITY COUNCIL PRESIDENT
CITY COUNCIL MEMBERS
FROM: DAN KELLEHER, MAYOR)"^v �
DATE: JUNE 3, 1993
SUBJECT: APPOINTMENT OF MARK SHAW DRINKING DRIVER TASK FORCE
I have recently appointed Mark Shaw as a member of the Kent Drinking Driver Task Force. Mr.
Shaw works at Kent Valley Youth and Family Services where he is the Substance Abuse Prevention
Coordinator. Mr. Shaw and his family recently were the victims of an accident involving a drunk
driver while vacationing in Canada and he has a special interest in serving on the Task Force. He
will replace Tom Ripley, whose term expired. Mr. Shaw's new term will continue to 1/1/96.
I submit this for your confirmation.
DK:jb
Kent City Council Meeting
Date June 15 , 1993
� 4 Q Category Consent Calendar
1. SUBJECT: CANTERBURY FAIRE STREET CLOSURE ORDINANCE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, adoption of Ordinance No. authorizing the
closure of certain public streets from 8 a.m. , August 21, 1993
through August 22 , 1993 , 8 p.m. for the Canterbury Faire.
3 . EXHIBITS: Public Works Minutes and ordinance
4 . RECOMMENDED BY: Public Works 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. 3E
Committee unanimously recommended acceptance of the bid from
Superior Turf Equipment for two mower units.
Bill of Sale: Village on James St - Phase I
Bill of Sale: Midway Crossing
Committee unanimously recommended acceptance of the Bill of Sale
for Village On James St - Phase I and acceptance of the Bill of
Sale for Midway Crossing.
DCanterbury Faire Ordinance and;
International Balloon Classic Ordinance
Brubaker stated that these are both standard street closure
ordinances.
Committee unanimously recommended approving street closure
ordinances for Canterbury Faire and the International Balloon
Classic.
Meeting adjourned 7 : 00 p.m.
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ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, relating to Canterbury Faire;
authorizing closure of certain public
streets for a public festival .
WHEREAS, Canterbury Faire has been an annual festival
celebration in the City of Kent; and
WHEREAS, Canterbury Faire is a result of the efforts of
a number of private volunteers, citizens, civic groups, non-
profit organizations, and the City of Kent Parks and Recreation
Department; and
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WHEREAS, a closure of certain public streets is deemed
j appropriate for the safe operation and maintenance of the
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festival celebrations; NOW, THEREFORE,
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THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS :
�! Section 1 . The following described public areas and
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iI rights-of-way will be closed to normal vehicle traffic during then
jtimes and pursuant to the terms and conditions as set forth below ;
�ifor the purpose of conducting the Canterbury Faire festivities:
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(A) East Titus Street Closure
Saturday August 21 1993 and Sunday August 22
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i1993 8 a .m. - 8 p.m.
East Titus Street will be closed from the south
i side of the intersection located at Smith Street south to north
of the intersection at Reiten Road.
ICI (B) West Meeker Street Closure
f; Saturday August 21 1993 8 a.m. -. 6 P.m.
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West Meeker Street will be closed from the east
side of the intersection located at Fourth Avenue to the west
'i side of the intersection located at Railroad Avenue.
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(C) North Second Avenue Closure
Saturday August 21 , 1993 8 a.m. - 6 p.m.
ji North Second Avenue will be closed from the north
II side of the Gowe Street intersection to the south side of the
West Harrison intersection.
(D) North First Avenue Closure
Saturday August 21_ 1993 8 a .m. - 6 p.m.
North First Avenue will be closed from the north
side of the Titus Street intersection to the south side of the
West Gowe Street intersection and from the north side of the west
' Gowe Street intersection to the Kent Library cul-de-sac.
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Section 2 . City Access . The City reserves for itself,
lits officers, employees, agents and contractors, access to the
closed rights-of-way and public areas at all reasonable times for '
Ithe purpose of emergency response and other public safety
demands, inspection, cleaning, or other City responsibilities.
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I; Section 3 . Effective Date. This ordinance shall take
effect and be in force thirty (30) days from the time of its
final approval and passage as provided by law.
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I, DAN KELLEHER, MAYOR
ATTEST:
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BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
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ROGER A. LUBOVICH, CITY ATTORNEY
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PASSED the day of 1993
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j' APPROVED the day of 1993
PUBLISHED the day of 1993
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I hereby certify that this is a true and correct copy of
( Ordinance No. passed by the City Council of the City ,
ilof Kent, Washington, and approved by the Mayor of the City of
!jKent as hereon indicated.
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(SEAL)
j; BRENDA JACOBER, CITY CLERK
CANTFR.ORD
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�✓ Kent City Council Meeting
Date June 15 , 1993
Category Consent Calendar
1. SUBJECT: KENT INTERNATIONAL BALLOON CLASSIC STREET CLOSURE
ORDINANCE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, adoption of Ordinance No. authorizing closure
of certain public streets on Friday, July 16, 1993 , 4 p.m.-
11 p.m. for the Kent International Balloon Classic.
3 . EXHIBITS: Public Works Minutes and ordinance
4 . RECOMMENDED BY: Public Works 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
Committee unanimously recommended acceptance of the bid from
Superior Turf Equipment for two mower units .
Bill of Sale• Village on James St - Phase I
Bill of Sale: Midway Crossing
Committee unanimously recommended acceptance of the Bill of Sale
for Village on James St - Phase I and acceptance of the Bill of
Sale for Midway Crossing.
Canterbury Faire ordinance and;
—� International Balloon Classic ordinance
Brubaker stated that these are both standard street closure
ordinances .
Committee unanimously recommended approving street closure
ordinances for Canterbury Faire and the International Balloon
classic.
Meeting adjourned 7 : 00 p.m.
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ORDINANCE NO.
)� AN ORDINANCE of the City of Kent,
Washington, relating to the Kent
International Balloon Classic;
authorizing closure of certain public
Ij streets for a public festival .
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WHEREAS, the Kent International Balloon Classic has been
an annual festival celebration in the City of Kent; and
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WHEREAS, the Kent International Balloon Classic is a
result of the efforts of a number of private volunteers,
citizens, civic groups, non-profit organizations, and the City of
Kent Parks and Recreation Department; and
WHEREAS, a closure of certain public streets is deemed
' appropriate for the safe operation and maintenance of the
i festival celebrations; NOW, THEREFORE,
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j THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
THEREBY ORDAIN AS FOLLOWS :
II Section 1 . The following described public areas and
rights-of-way will be closed to normal vehicle traffic during the ;
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times and pursuant to the terms and conditions as set forth below '
for the purpose of conducting the Kent International Balloon
, Classic festivities :
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(A) Russell Road Closure
Friday July 16 1993 4 p.m. - 11 P.M.
Russell Road will be closed from the intersection
jlocated at James Street south to the north side of the Meeker
Street intersection and from the south side of the Meeker Street
j� intersection south to the street end or dike.
Section 2 . City and Local Access. The City reserves
; for itself , its officers, employees, agents and contractors ,
access to the closed rights-of-way and public areas at all
reasonable times for the purpose of emergency response and other
public safety demands, inspection, cleaning, or other City
1Iresponsibilities. Local residents shall retain access.
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� Section 3 . Effective Date . This ordinance shall take
% effect and be in force thirty (30) days from the time of its
I1final approval and passage as provided by law.
DAN KELLEHER, MAYOR
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iATTEST:
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IIBRENDA JACOBER, CITY CLERK
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APPROVED AS TO FORM:
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I' ROGER A. LUBOVICH, CITY ATTORNEY
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PASSED the day of _ 1993
APPROVED the day of 1993
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PUBLISHED the day of 1993
I hereby certify that this is a true and correct copy of ,
Ordinance No. passed by the City Council of the City
of Kent, Washington, and approved by the Mayor of the City of
Kent as hereon indicated.
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(SEAL)
BRENDA JACOBER, CITY CLERK
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IIBALLOON.ORD
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Kent City Council Meeting
V Date June 15 , 1993
L Category Consent Calendar
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1. SUBJECT: 108th AVE SE & SE 240th STREET TRAFFIC SIGNAL &
SIGNS
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, authorization to proceed with the project, establish
a budget therefore including transferring the $63 , 000 balance
from the 104th Ave/260th St. signal project fund to this
project fund, and to pursue the formation of the LID.
The estimated cost for this traffic signal is $140, 000 .
Funding for this project is proposed to come from a combination
of LID and City funds. There are three properties in the area
for which a signal participation agreement has already been
executed in conjunction with issuance of their development
permits. Approximately $63 , 000 exists in the 104th Ave/260th
St. signal project fund for which said signal is presently
being installed at no cost to the City by the Canyon Ridge
Plaza development (Target) .
3 . EXHIBITS: Public Works Minutes, memorandum from Public Works
Director and map
4 . RECOMMENDED BY: Public Works Committee 3-0
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: • NNO� YES
FISCAL/PERSONNEL NOTE: Recommended f/ i� [p Not Recommended
6. EXPENDITURE REOUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION•
ACTION•
Council Agenda
Item No. 3G
DEPARTMENT OF PUBLIC WORKS
May 27 , 1993
TO: Public Works Committee
i
FROM: Don Wickstrom irector of Public Works
SUBJECT: New Traffic Signal Installation at 108th Avenue South/
South 240th Street Intersection
In response to a number of inquiries from citizens over the last
few days, staff has prepared a accident history and traffic signal
warrant analysis for the above referenced intersection. Along with
this information, staff is also recommending a specific course of
action.
Traffic Accident History
Year Type Property Damage Inlury Fatality
1989 Vehicle 1 1 1
Pedestrian 0 0 0
1990 Vehicle 3 0 0
Pedestrian 0 1 0
1991 Vehicle 0 2 0
Pedestrian 0 0 0
1992 Vehicle 4 1 0
Pedestrian 0 1 0
Total Vehicle 8 4 1
Pedestrian 0 2 0
Upon review and investigation of the accident reports, it was
determined that there was no particular pattern to these accidents.
Because of the small number of accidents, no correlations could be
established between the following factors : type of accident, time
of day, roadway surface conditions [ wet or dry ] , or day of week
[ of the accidents ] .
Traffic signal Warrants
Traffic signals should not be installed unless one or more of the
nationally-recognized signal warrants are met. Furthermore, the
fact that a warrant, or combination of warrants, is met is not in
itself justification for a signal . Information necessary to
evaluate a warrant should be obtained by means of an engineering
analysis or study, and be compared with the requirements set for in
the Manual on Uniform Traffic Control Devices ( or 'MUTCD' ) . If
these requirements from the MUTCD are not met, then a traffic
signal should neither be put into operation nor continued in
service.
Based upon the criteria in the MUTCD, the following traffic signal
warrants have been determined to be met for the intersection of
108th Avenue South at South 240th Street:
Warrant Description
2 Interruption of Continuous Traffic [flow]
6 Accident Experience [or 'History' ]
g Four Hour [Traffic] Volume
10 Peak Hour Delay
11 Peak Hour [Traffic] Volume
Based upon the above information, therefore, it is staff ' s
recommendation that the City install a fully traffic-actuated
traffic signalization system at this intersection. The estimated
cost of which will be $140 , 000 .
Funding therefore is proposed to come from a combination LID and
City funds. The attached map depicts those properties for which a
signal participation agreement has been executed in conjunction
with issuance of their development permits. Per City funds,
approximately $63 , 000 exists in the 104th Ave/260th St. signal
project fund for which said signal is presently being installed at
no cost to the City by the Canyon Ridge Plaza development (Target) .
If in the final analysis additional City funds are needed then they
could come from the James Street Safety Improvement fund.
If the Public Works Committee approves this recommendation, then it
will take approximately eight to twelve months to design, bid, and
construct a traffic signal at this location ( approximately 3 to 4
months of which is required for the contractor to order, and have
delivered, the signal equipment: poles, mast arms, signal heads,
etc. ) .
ACTION: Direct staff to proceed with the project,
establish a budget therefore including
transferring the $63 , 000 (balance) from the
104th Ave/260th St. signal project fund to
this project fund and to pursue the formation
of the LID.
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SHADED AREAS DEPICT PROPERTIES
WITH L. I .D. COVENANTS
PUBLIC WORKS COXMMEE
JUNE 2, 1993
PRESENT: JIM BENNETT GARY GILL
JIM WHITE ED WHITE
PAUL MANN TIM HEYDON
TONY McCARTHY ALANA McILAWAIN
DON WICKSTROM JEAN PARIETTI
TOM BRUBAKER JACK BALL
MAY MILLER CHARLIE KIEFER
JACK BALL ELSY RUST
D108th & 240th Traffic Signal
Wickstrom said that since 1989 there have been eight accidents at
the intersection of 108th & 240th and we are recommending
installing a traffic signal which would cost approximately
$140, 000 . Wickstrom said that we are proposing to fund the project
partly from an LID using the participation covenants obtained
during the development of the adjacent properties. Additionally he
noted that there is some City money remaining in the signal project
at 104th & 260th for which Target is now putting in at their own
cost. It is proposed that money would be transferred to this
project fund. Wickstrom stated that as far as timing, it takes
about a year to install a signal because of the time needed to
design, acquire right of way, and bid the job. Then the contractor
needs to order the parts and there is approximately a three to six
month lead time on those parts . Wickstrom said that the electronic
parts and poles are not "shelf" items . Wickstrom said that staff
has looked at temporarily using wood poles but the problem is there
is still a six month waiting period because we do not have a
controller. Jim White asked if we are under Federal or State
regulations on these signals . Wickstrom stated that we comply with
state requirements because of lawsuits . Bennett asked if any other
city has any stock parts we could use. Ed White stated that
because of liability issues, other cities are very reluctant to
loan expensive equipment such as the controllers. Bennett stated
that he feels the word "liability" seems to delay the progress of
what we want to do and somewhere along the line we need to get our
priorities straight. Bennett said that in this particular case it
is quite evident that safety is the primary factor. Bennett noted
that another consideration he has is the synchronization of this
signal with the signals at 116th & 240th and 104th & 240th.
Jim White asked for a motion to approve the signal installation and
then move on to what we can do in the interim.
1
Committee unanimously agreed to recommend installation of the
traffic signal at 108th Ave SE & SE 240th St. and recommended that
staff be directed to proceed with the project, establish a balance from the
therefore including transferring fund the $to 63 �thi0s project fund and to
104th Ave/260th St. signal project
pursue the formation of the LID.
After the motion was made, Jim White asked what we could do until
the signal is installed. Ed White said that from a practical
standpoint, the only thing we can do is signage.
Committee unanimously recommended that signage be installed during
the interim time of waiting for the installation of the traffic
signal .
Ed White said that it would be a couple of weeks before the signage
is installed.
!tib Kent City Council Meeting
Date June 15 , 1993
Category Consent Calendar
.J
1. SUBJECT: INTERLOCAL AGREEMENT - FLOOD CONTROL PLAN
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, authorization for the Mayor to sign the tri-party
interlocal agreement upon incorporating any minor revisions
thereto.
This agreement is for the development of a flood control plan
for Auburn' s Mill Creek Drainage Basin and includes an
amendment extending the duration of the original agreement for
another 18 months. While a portion of the City lies within
this basin, the City' s interest relates more importantly to
downstream Green River Levee heights requirements. Our
financial share in this over the 18 month period is $140, 000
which reflects work yet to be completed under the existing
agreement and includes the 194 work program. Monies therefore
presently exist within the project budget.
3 . EXHIBITS: Public Works Minutes, memorandum from Public Works
Director and draft agreement
4 . RECOMMENDED BY: Public Works 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. 3H
DEPARTMENT OF PUBLIC WORKS
JUNE 2, 1993
TO: PUBLIC WORKS COMMITTEE
FROM: DON WICKSTROM `vW
RE: INTERLOCAL AGREEMENT (KENT, AUBURN & KING COUNTY)
Our tri-party interlocal agreement with King County & Auburn will
expire at the end of June. The attached proposed draft amendment
to that agreement, extends the duration of the Mill Creek
Interlocal Agreement for another 18 months . This agreement is for
the development of a flood control plan for Auburn' s Mill Creek
Drainage Basin.
While a portion of the City lies within this basin, the City' s
interest herein relates more importantly to downstream Green River
Levee heights requirements . Downstream levee heights are
definitely impacted by how or whether stormwater within this basin
is controlled. Since we are responsible for levee heights with
respect to overtopping within our jurisdiction and have miles of
downstream levee, any reduction in height could significantly
reduce downstream levee construction costs.
Our financial share in this over the 18 month period is $140, 000
which reflects work yet to be completed under the existing
agreement and includes the ' 94 work program. Since adequate
stormwater funds already exist within the project budget, no
additional budgeting is required.
ACTION: Authorize the Mayor to sign tri-party interlocal
agreement upon incorporating any minor revisions thereto.
_L'I-k
BETWEEN KING COUNTY AND THE CITIES OF AUBURN AND KENT
EXTENDING THE DURATION OF 1HI. INTERLOCAL AGREEMENT
18 MONTHS FROM THE DF, E OF ADOPTION
1 This amendment extends the duration of the
Mill Creek Interlocal Agreement, adopted on
2i June 30, 1992 by King County and the Cities
of Auburn and Kent (hereinafter referred to
I as the PARTIES), by 18 months. The work
program and budget associated with the
4 additional work are set forth in Attachments
A and B hereto. All changes to the existing
5 agreement are contained in this amendment;
elements of the original agreement which are
6I not addressed in this amendment remain as
stated in the original document.
7' WHEREAS, on June 30, 1992 the PARTIES adopted the Mill Creek
1 Interlocal Agreement and identified development of Mill Creek Flood
91 Control Plan as a primary objective of that agreement; and
10 WHEREAS, the PARTIES agreed to a one year duration for the 1992
11 `., Mill Creek Interlocal Agreement to cover the first phase of work in
12, the overall Mill Creek work program; and
13'1 WHEREAS, that one year Mill Creek work program included
14, completion of a hydrologic and hydraulic modeling contract and
15'i development of an outlet benefits study during 1993; and
16 WHEREAS, any subsequent work toward completion of a Mill Creek
17 Flood Control Plan cannot be initiated without an extension of the
18 1992 interlocal agreement or negotiation of a new interlocal
19 agreement to outline a scope of work and cost—share arrangements; and
20 WHEREAS, the PARTIES have agreed that it is now pertinent to
21 examine the comprehensive work program for the Mill Creek Flood
22 Control Plan and to initiate the next phase of work toward
23 development of that plan; and
24 WHEREAS, Phase II of the Mill Creek Interlocal Agreement
25 (outlined in Attachment A hereto) is proposed to use the results of
26 Phase I contract work to undertake a feasibility analysis of Mill
27 Creek flood control alternatives; and
28 WHEREAS, Phase II is proposed to culminate in the completion of
29 a final Mill Creek Flood Control Plan focusing on the preferred flood
30 control alternative; and
31 WHEREAS, a draft Mill Creek Flood Control Plan, as well as other
32 interim work products, will be brought to the Green River Basin
1
i
i
i
1 j Technical Committee for its review during the term of this interlocal
i
2 agreement extension:
3 NOW, THEREFORE, the PARTIES mutually agree to the following
i
a amendments to the interlocal agreement:
5 Work Program, Budget, and Schedule
I
6 2.3.4 The PARTIES approve the work program and schedule
7 attached as Attachments A and B hereto and agree to secure adequate
8 funding for all necessary Phase II Mill Creek work as part of their
9 jurisdiction's annual budget process.
10 Termination or Amendment
11 This agreement may be amended or terminated only by the
12 expressed agreement of all parties pursuant to any legislative or
13 executive action required by each signatory to this agreement.
14 Amendments to this agreement will address work programs,
15 schedules, and budgeting and will be attached to and incorporated
16 herein as necessary. Such amendments will be reviewed by the Green
17 River Basin Technical Committee prior to the expiration of the
18 existing agreement.
19 Duration
20 The duration of this agreement shall be 18 months from the 1993
21 amended date of adoption, to expire no later than December 31, 1994.
22 This duration is effective provided that the annual work programs and
i
i
23 budgets are approved in accordance with Sections 2 and 6 of the
24 original agreement.
25 Effectiveness
26 This agreement shall become effective upon signature by all
27 PARTIES to the agreement.
28
29
30
31
32
— 2 —
1 I , Approved As To Form:
2
1I
a King County Prosecuting Attorney King County Executive
5
6
7 City Attorney, City of Auburn Mayor, City of Auburn
6
Q
10 City Attorney, City o Kent Mayor, City o ent
11
12 SL:rs
J5-93W:MIIA
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
- 3 -
have punchlist items that the contractor is completing but we have
had to use our attorney to get him to respond to get the plant in
operation.
Wickstrom stated that these dollar amounts do not indicate what the
contractor is willing to settle for. Bennett said that he is
uncomfortable with this. Wickstrom said that if we don't get into
litigation, then this is probably what it would cost us were we to
settle on equitable terms . In litigation, we would have expert
witnesses and our attorney would have to go thru all the documents
to bring himself up to speed on all the issues. Bennett again said
he is uncomfortable with this because we have the $300, 000 there.
Bennett noted that from a citizens point of view it might be better
served to reduce the water rates or allocate the money back to the
citizens. Wickstrom explained that this money would cover some of
the expenses that are yet to be incurred and we still have, one well
left to develop and we are looking at hiring another contractor to
finish developing that well. This would cover those expenses, plus
some money for contingency funds . Wickstrom explained that this
would really just cover the ongoing costs until the contractor
decides whether he is going to push full litigation. Brubaker
stated that this is a very sophisticated and complicated project;
we had a real problem with the sand in these wells and the biggest
problem with the sand is that it was not a fault of the contractor.
That gave the contractor a right to make a claim that every delay
and every problem he had was due to the sand. Brubaker stated that
he feels we will be sued and end up paying additional money.
In response to Jim White ' s question, Wickstrom stated that the
original contract for this project was $3 . 4 million. The $5
million is the total project cost which includes the engineering
and prior development costs of the system.
After further discussion, Wickstrom stated that we are trying to
close this job and protect our investment.
Committee voted 2-1 to authorize the transfer to $300 , 400. 00 from
the Uncumbered Water Funds to the 212th/SR167 Water Supply and
Treatment Facility Project Budget (W48) .
Interlocal Agreement - Flood Control Plan
Wickstrom stated that one year ago we executed an agreement with
Auburn and King County to develop a Flood Control Plan for the
Auburn Mill Creek Basin. This agreement expires the end of this
month and there is anticipated work yet to be done. This agreement
is an addendum to the original agreement, essentially extending it
for 18 months, and includes work associated with the 194 work plan.
The cost to complete the existing work plus the 194 work program is
approximately $140, 000 . All the money is presently available
within that particular project fund which means there is no budget
change. Wickstrom explained that the interest here is that we need
4
to control the basin because that will affect the levee heights
downstream.
ded authorization for the Mayor to
Committee unanimously recommen
agreement upon incorporating any
sign the tri-party interlocal
minor revisions thereto.
l Kent city Council Meeting
Date June 15 , 1993
I 1 Category Consent Calendar
i
1. SUBJECT: TRAFFIC SIGNAL REMODEL AT 100th AVENUE SE AND SE
240th STREET - ACCEPT AS COMPLETE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, authorization to accept as complete the contract
with the V Company for a traffic signal remodel at 100th Ave.
SE & SE 240th Street.
3 . EXHIBITS: Public Works Minutes and memorandum from Public
Works Director
4 . RECOMMENDED BY: Public Works 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. 3I
DEPARTMENT OF PUBLIC WORKS
JUNE 2, 1993
TO: PUBLIC WORK COMMITTEE
FROM: DON WICKSTROM D6
RE: TRAFFIC SIGNAL REMODEL - JAMES ST @ 100TH AVE & 240TH ST
This project consisted of a complete traffic signal remodel with
the installation of signs and flashers, pole bases , signal poles
and electrical equipment .
The project was awarded to The V Company on November 18 , 1992 for
the bid amount of $22 , 600 . 00 . The final construction cost was
$23 , 600 . 00.
ACTION: Recommend the project be accepted as complete.
to control the basin because that will affect the levee heights
downstream.
Committee unanimously recommended authorization for the Mayor to
sign the tri-party interlocal agreement upon incorporating any
minor revisions thereto.
DTraffic Signal Remodel @ 100th Ave & SE 240th St Accept as
Complete
Wickstrom explained that this project is the completion of a
contract for improvement of 100th Ave & 240th signal which added a
pedestrian signal on the north side of 100th Ave. The project is
complete and we are asking for acceptance.
Paul Mann questioned whether the problem with accidents occurring
in front of the Nazarene Church still exists. Ed White was not
aware of any. Bennett stated that he was told that the church has
their grading permit to take access off to Alvord St which will
eventually alleviate the problem at the church.
Committee unanimously agreed to accept as complete the Traffic
Signal Remodel project @ 100th Ave & SE 240th St.
Water System Improvements - Phase II Accept as Complete
Wickstrom said this project was started a number of years ago to
make sure all of our facilities within the water system were up and
operating to their maximum capacity. This project is complete and
we are asking for acceptance of the contract.
Committee unanimously agreed to accept as complete the Water System
Improvements - Phase II contract.
Tractors/Mower Units - Bid
Wickstrom stated that these are bids for tractors for the Golf
Course. Tim Heydon explained that originally the Golf Course had
ordered mower units (self-contained units) and those did not hold
together as expected. Heydon said as a result, we are replacing
those early with tractors that pull units behind which are not
hydraulically driven but are shaft driven, which is a much simpler
system. Heydon explained that with this sort of arrangement, the
tractors are expected to last longer than the units that hang
behind. Heydon stated that the model of tractor requested has a
long waiting time and so we are asking for one of the models that
is slightly larger which is in stock and the other one we would
order at long term.
Committee unanimously recommended acceptance of the bid from
Coastline Ford Tractor for two tractors; one with immediate
delivery as well as ordering the additional one.
5
/p� ,r
Kent City Council Meeting
Date June 15, 1993
Category Consent Calendar
1. SUBJECT: WATER SYSTEM IMPROVEMENTS PHASE II - ACCEPT AS
COMPLETE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, authorization to accept as complete the contract
with R. W. Scott Construction Company for the Water System
Improvements Phase II project.
3 . EXHIBITS: Public Works Minutes and memorandum from Public
Works Director
4 . RECOMMENDED BY: Public Works 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. 3J
DEPARTMENT OF PUBLIC WORKS
JUNE 2, 1993
TO: PUBLIC WORKS CO ITTEE
FROM: DON WICKSTROM
RE: WATER SYSTEM IMPROVEMENTS - PHASE II
ACCEPT AS COMPLETE
The project includes construction of miscellaneous process,
mechanical, electrical, and instrumentation improvements to the
water treatment and transmission system.
The project was awarded to R. W. Scott Construction Company on
April 16, 1991 for the bid amount of $326, 764 . 00 . The final
construction cost is $330, 499 . 06 .
ACTION: Recommend project be accepted as complete.
to control the basin because that will affect the levee heights
downstream.
Committee unanimously recommended authorization for the Mayor to
sign the tri-party interlocal agreement upon incorporating any
minor revisions thereto.
Traffic Signal Remodel @ 100th Ave & SE 240th St Accept as
Complete
Wickstrom explained that this project is the completion of a
contract for improvement of 100th Ave & 240th signal which added a
pedestrian signal on the north side of 100th Ave. The project is
complete and we are asking for acceptance.
Paul Mann questioned whether the problem with accidents occurring
in front of the Nazarene Church still exists. Ed White was not
aware of any. Bennett stated that he was told that the church has
their grading permit to take access off to Alvord St which will
eventually alleviate the problem at the church.
Committee unanimously agreed to accept as complete the Traffic
Signal Remodel project @ 100th Ave & SE 240th St.
DWater System Improvements - Phase II Accept as Complete
Wickstrom said this project was started a number of years ago to
make sure all of our facilities within the water system were up and
operating to their maximum capacity. This project is complete and
we are asking for acceptance of the contract.
Committee unanimously agreed to accept as complete the Water System
Improvements - Phase II contract.
Tractors/Mower Units - Bid
Wickstrom stated that these are bids for tractors for the Golf
Course. Tim Heydon explained that originally the Golf Course had
ordered mower units (self-contained units) and those did not hold
together as expected. Heydon said as a result, we are replacing
those early with tractors that pull units behind which are not
hydraulically driven but are shaft driven, which is a much simpler
system. Heydon explained that with this sort of arrangement, the
tractors are expected to last longer than the units that hang
behind. Heydon stated that the model of tractor requested has a
long waiting time and so we are asking for one of the models that
is slightly larger which is in stock and the other one we would
order at long term.
Committee unanimously recommended acceptance of the bid from
Coastline Ford Tractor for two tractors; one with immediate
delivery as well as ordering the additional one.
5
Kent City Council Meeting
Date June 15, 1993
Category Consent Calendar
Y
1. SUBJECT: VILLAGE ON JAMES STREET PHASE I - BILL OF SALE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, acceptance of the bill of sale and warranty
agreement submitted by Schneider Homes, Inc. for continuous
operation and maintenance of 1515 feet of watermain extension
and 1200 feet of sanitary sewer extension and release of bonds
after expiration of the maintenance period. The project is
located at West Valley Highway, between James St. and S. 238th
St.
3 . EXHIBITS: Public Works Minutes, memorandum from Public Works
Director and vicinity map
4 . RECOMMENDED BY: Public Works 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
DEPARTMENT OF PUBLIC WORKS
JUNE 21 1993
TO: PUBLIC WORKS COMMITTEE
FROM: DON WICKSTROM
RE: BILL OF SALE - .VILLAGE ON JAMES ST. PHASE I
Schneider Homes, Inc. , the developer of Village on James St. Phase
I, has completed the water and sewer improvements for this project.
The project is located west of West Valley Highway between James
St. & 238th St.
ACTION: Recommend the Bill of Sale be accepted and bonds released
after the one year maintenance period.
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Committee unanimously recommended acceptance of the bid from
superior Turf Equipment for two mower units.
Bill of Sale: Village on James St - Phase I
Bill of Sale: Midway Crossing
Committee unanimously recommended acceptance of the Bill of Sale
for Village On James St - Phase I and acceptance of the Bill of
Sale for Midway Crossing.
Canterbury Faire Ordinance and;
International Balloon Classic Ordinance
Brubaker stated that these are both standard street closure
ordinances.
Committee unanimously recommended approving street closure
ordinances for Canterbury Faire and the International Balloon
Classic.
Meeting adjourned 7 : 00 p.m.
6
v Kent City Council Meeting
Date June 15 , 1993
d Category Consent Calendar
1. SUBJECT: MIDWAY CROSSING - BILL OF SALE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, acceptance of the bill of sale and warranty
agreement submitted by Gramor Development NW, Inc. for
continuous operation and maintenance of 1075 feet of storm
sewers and 1025 feet of street improvements and release of
bonds after expiration of the maintenance period. The project
is located at Pacific Highway South and Kent Des-Moines Road.
3 . EXHIBITS: Public Works Minutes, memorandum from Public Works
Director and vicinity map
4 . RECOMMENDED BY: Public Works 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. 3L
DEPARTMENT OF PUBLIC WORKS
TUNE Z, 1993
TO: PUBLIC WORKS COMMITTEE
FROM: DON WICKSTROM w
RE: BILL OF SALE - MIDWAY CROSSING
Gramor Development NW Inc. , the developer of Midway Crossing, has
completed the street and storm sewer improvements for this project,
located on the southwest corner of Pacific Highway South and Kent-
Des Moines Road.
ACTION: Recommend the Bill of Sale be accepted and bonds released
after the one year maintenance period.
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Committee unanimously recommended acceptance of the bid from
Superior Turf Equipment for two mower units .
Bill of Sale: Village on James St - Phase I
—� Bill of Sale• Midway Crossing
Committee unanimously recommended acceptance of the Bill of Sale
for Village On James St - Phase I and acceptance of the Bill of
Sale for Midway Crossing.
Canterbury Faire Ordinance and;
International Balloon Classic Ordinance
Brubaker stated that these are both standard street closure
ordinances .
Committee unanimously recommended approving street closure
ordinances for Canterbury Faire and the International Balloon
Classic.
Meeting adjourned 7 : 00 p.m.
6
v�
Kent City Council Meeting
Date June 15 , 1993
Category Consent Calendar
1. SUBJECT: TRANSIT ADVISORY BOARD APPOINTMENT
2 . SUMMARY STATEMENT: Confirmation of the Mayor' s appointment
of Sherilyn Jordan to the Transit Advisory Board. She will
represent the Kent Chamber of Commerce and her appointment will
continue to April 30, 1995.
3 . EXHIBITS: Memo from the Mayor
4 . RECOMMENDED BY: Mayor Kelleher
(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. 3M
MEMORANDUM
TO: JUDY WOODS, CITY OUNCIL PRESIDENT
CITY COUNCIL MEMB S
FROM: DAN KELLEHER, MAYOR X yw
DATE: JUNE 3, 1993
SUBJECT: APPOINTMENT TO CITY TRANSIT ADVISORY BOARD
In response to Resolution No. 1350 creating the City Transit Advisory Board, and which was
adopted at the City Council meeting held on April 6, 1993, I have recently appointed Sherilyn
Jordan to serve on that Board. Ms. Jordan will represent the Kent Chamber of Commerce. Her
term will begin immediately and continue to 4/30/95.
1 submit this for your confirmation.
DK:jb
n �W Kent City Council Meeting
U'. Date June 15, 1993
Category Consent Calendar
1. SUBJECT: 212th/SR167 WELLS AND TREATMENT FACILITY - BUDGET
CHANGE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee, authorization to transfer $300, 400. 00 from the
Unencumbered Water Funds to the 212th/SR167 Water Supply
Treatment Facility Project Budget.
The City' s new water treatment plant is now in service;
however, the facility is not at a stage where the contract can
be formally accepted as complete and there have been a number
of unexpected problems which have added to the cost.
The final costs are estimated to be approximately $300, 400. 12
over the existing budget. The reasons for the overrun are due
to a high amount of sand in the wells; the contractor has been
slow in completing the project and, the contractor has
threatened legal action in order to get additional payment for
the project.
3 . EXHIBITS: Public Works Minutes and memorandum from Public
Works Director
4 . RECOMMENDED BY: Public Works Committee (originally 2-1 vote,
but changed to 3-0 and placed on Consent Calendar by Bennett)
(Committee, Staff, Examiner, Commission, etc. )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: O YES X_
FISCAL/PERSONNEL NOTE: Recommended i� Not Recommended
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION•
Council Agenda
Item No. 3N
DEPARTMENT OF PUBLIC WORKS
JUNE 2, 1993
TO: PUBLIC WORKS CITTEE
FROM: DON WICKSTROM
RE: 212TH/SR167 WELLS & TREATMENT FACILITY
The City's new water treatment plant is now in service and will be
providing high quality water during the peak summer months.
However, the facility is not at a stage where the contract can be
formally accepted as complete and there have been ' a number of
unexpected problems which have added to the cost thereof. The
final costs are estimated to be $5 , 357 , 521. 12 or about $300, 400. 12
over the existing budget. While a budget change was approved when
the contract was awarded, the contingency funds therein was only
4%.
There are three primary reasons for the overrun. The first reason
is that the three existing wells that feed this plant needed to be
redeveloped due to a high amount of sand production. As a result,
the pumps had to be pulled and the wells jetted. This process has
been successful on two of the wells. The third well has a little
additional work before it is ready for production. While the wells
were developed at the time of their initial drilling (early 19801s)
deterioration apparently occurred between then and now. As a
result additional costs were incurred for work done by the
contractor, additional Engineering and for project delay.
The second reason is that the contractor has been slow in
completing the project. This has resulted in higher Construction
Engineering costs in order to watch after the work.
The third reason is that the contractor has threatened legal action
in order to get additional payment for the project. Since we do
not feel that these requests are justified, we have retained
outside legal counsel in order to help resolve this issue. At this
point in time, the projected expense is only an estimate. The
final cost will depend on actions taken by the contractor.
1
The additional $300, 400. 12 which is requested is projected to be
spent as follows (rounded to the nearest $10, 000) :
$100, 000 Contractor services to redevelop the wells to
minimize sand.
$100, 000 Engineering services for well redevelopment, over
contract time, and legal support.
$40, 000 Outside legal counsel.
$60, 000 Contingency for remaining unknowns.
I want to reiderate should litigation be the only means to close
this project, than our final costs will be substantially higher
than estimated herein.
ACTION: Authorize the transfer of $300, 400 . 00 from the
Uncumbered Water Funds to the 212th/SR167 Water
Supply and Treatment Facility Project Budget (W48) .
2
Municipal Annexation of 2 . 56 Acres - 98th Ave & S. 231st St.
Wickstrom said that this property is owned by the City in
conjunction with developing Upper Garrison Creek Detention facility
and lies adjacent to the City limits in the area of Valley
Communication, north of James St. Wickstrom said this property
lies outside the city limits and we want to annex it for municipal
purposes to speed up the permit process.
committee unanimously agreed to recommend annexation of the 2 . 56
acres at 98th Ave & S. 231st. Street, upon completion of the SEPA
process and with the assumption that a DNS would be issued.
Barrier at James St & 94th Ave S.
Jim White stated that per Wickstrom' s memorandum advising that
staff received a detailed presentation from the barrier company
representative, he has no problem with the installation of the
Dragnet Vehicle Arresting System, as requested.
Committee unanimously recommended installation of the Dragnet
Vehicle Arresting System at James St & 94th St.
D212th St./SR 167 Wells & Treatment Facility
Wickstrom stated that this is our new wells and treatment facility
and the project is anticipated to overrun its budget by
approximately $300, 000 . Wickstrom said this is a $5, 4001000
project; we went into it with only a 4% contingency when we started
the project and up to this last couple of months we thought we
would be within budget, but we are finding that there are three
primary problems contributing to the overrun. First, we had to
redevelop the wells; we developed them back in the early 180s.
They were ready to go into operation but when the contractor
installed the pumps and motors we started pumping a lot of sand and
we had to pull the pumps and motors out and redevelop the wells.
This involved a lot of down-time on the contract which meant more
engineering time, plus more contractor work. Wickstrom stated that
another reason is that the contractor has been very slow in
completing this job; spending over a year since it was originally
scheduled for completion. This has resulted in more engineering
expense per overseeing the work. The third issue is that we are in
litigation with the contractor. Wickstrom said that this could be
a result of some financial problems that he is experiencing; we
have received several Change orders in the last couple of months
and he has brought his lawyers into the project. As a result, we
had to hire an outside lawyer which involves more money than we
anticipated. Wickstrom said we have outside engineers on this job
and now an outside attorney. He noted we need to keep them aboard
to insure that what we end up with is a good product and not spend
more than we have to. Wickstrom stated that the next move is up to
the contractor as to whether he wants to pursue litigation. We do
3
have punchlist items that the contractor is completing but we have
had to use our attorney to get him to respond to get the plant in
operation.
Wickstrom stated that these dollar amounts do not indicate what the
contractor is willing to settle for. Bennett said that he is
uncomfortable with this. Wickstrom said that if we don't get into
litigation, then this is probably what it would cost us were we to
settle on equitable terms. In litigation, we would have expert
witnesses and our attorney would have to go thru all the documents
to bring himself up to speed on all the issues. Bennett again said
he is uncomfortable with this because we have the $300, 000 there.
Bennett noted that from a citizens point of view it might be better
served to reduce the water rates or allocate the money back to the
citizens. Wickstrom explained that this money would cover some of
the expenses that are yet to be incurred and we still have one well
left to develop and we are looking at hiring another contractor to
finish developing that well . This would cover those expenses, plus
some money for contingency funds. Wickstrom explained that this
would really just cover the ongoing costs until the contractor
decides whether he is going to push full litigation. Brubaker
stated that this is a very sophisticated and complicated project;
we had a real problem with the sand in these wells and the biggest
problem with the sand is that it was not a fault of the contractor.
That gave the contractor a right to make a claim that every delay
and every problem he had was due to the sand. Brubaker stated that
he feels we will be sued and end up paying additional money.
In response to Jim White' s question, Wickstrom stated that the
original contract for this project was $3 . 4 million. The $5
million is the total project cost which includes the engineering
and prior development costs of the system.
After further discussion, Wickstrom stated that we are trying to
close this job and protect our investment.
Committee voted 2-1 to authorize the transfer to $300 , 400. 00 from
the Uncumbered Water Funds to the 212th/SR167 Water Supply and
Treatment Facility Project Budget (W48) .
Interlocal Agreement - Flood Control Plan
Wickstrom stated that one year ago we executed an agreement with
Auburn and King County to develop a Flood Control Plan for the
Auburn Mill Creek Basin. This agreement expires the end of this
month and there is anticipated work yet to be done. This agreement
is an addendum to the original agreement, essentially extending it
for 18 months, and includes work associated with the 194 work plan.
The cost to complete the existing work plus the 194 work program is
approximately $140, 000. All the money is presently available
within that particular project fund which means there is no budget
change. Wickstrom explained that the interest here is that we need
4
Y ..
l{. irU
Kent City Council Meeting
�^ Date June 15 . 1993
Category Other Business
1. SUBJECT: FIREWORKS ORDINANCE
2 , SUMMARY STATEMENT: The Public Safety Committee has
recommended adoption of an emergency ordinance prohibiting the
discharge of fireworks within the City of Kent except from
9 o'clock a.m. to 12 o'clock midnight, July 4 , 1993 .
3 . EXHIBITS: Ordinance
4 . RECOMMENDED BY: Public Safety Committee 3-0
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
FISCAL/PERSONNEL NOTE: Recommended Not Recommended
6 . EXPENDITURE REOUIRED: $
SOURCE OF FUNDS:
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
adoption of Ordinance No. restricting the discharge of
fireworks.
DISCUSSION:
ACTION•
Council Agenda
Item No. 4A
I
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I,
ORDINANCE NO.
AN ORDINANCE of the City
Council of the City of Kent,
Washington, relating to the
discharge of fireworks within the
City.
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WHEREAS, pursuant to KCC 13 . 05. 010, the City of Kent
adopted, by reference, RCW 70 . 77 , the State Fireworks Law; and
WHEREAS, pursuant to RCW 70 . 77 . 395, fireworks may be
discharged within the City from 12 o ' clock noon on June 28 to 12
o' clock noon on July 6 of each year, and that no fireworks may be ',
I discharged between the hours of 11 o ' clock p.m. and 9 o ' clock
I I
i a.m. ; and
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I; WHEREAS , pursuant to RCW 70 . 77 . 250 (4) , municipalities
are granted concurrent jurisdiction over fireworks regulations
�i
and, in certain instances, may enact more restrictive
i
regulations; and
WHEREAS, the passage of ordinances by King County and
other jurisdictions restricting the discharge of fireworks has
created the probability of a serious threat to the health, safety ;
and welfare of Kent residents due to the probability of increased
fireworks activity within the City and the difficulty of
enforcement of inconsistent restrictions as a result of these
ordinances ; and
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WHEREAS, pursuant to RCW 35A. 12 . 130, the City Council,
!I
with the declaration of a public emergency, may pass an emergency
ordinance for the protection of public health, public safety,
public property, or the public peace, which ordinance may be
i
effective immediately; and
WHEREAS, the City Council has determined that an
emergency condition does exist within the City of Kent due to the
increased restrictions on the discharge of fireworks in the King
County area; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS :
Section 1 . Declaration of Emergency. The City Counci
does hereby declare that there exists an emergency condition
affecting the public health, public safety, public property, or
public peace within the City of Kent, as a result of the
increased restriction on the discharge of fireworks in the King
County area, especially in the unincorporated areas of King
County, resulting in the probability of an increased fireworks
activity within the City and the difficulty in the enforcement of
ill inconsistent ordinances, and that such emergency condition
i
necessitates the need to restrict the discharge of fireworks
through the passage of an emergency ordinance.
Section 2 . Discharge of Fireworks. The discharge of
jfireworks pursuant to the rules, regulations, and provisions
adopted by Kent City Code 13 . 05 . 010 is restricted as follows:
2
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III
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No common fireworks, as defined in RCW 70. 77 . 126 , shall ';
be discharged within the City of Kent except from 9 o' clock a.m.
to 12 cr clock midnight, July 4 , 1993 .
j Section 3 . Penalty. Any violation of the provisions
!
Iof this ordinance shall constitute a misdemeanor punishable by a
fine of one hundred dollars ($100 . 00) or by imprisonment not
exceeding ninety (90) days or by both such fine and imprisonment.
I
Each violation shall constitute a separate offense.
,i
j Section 4 . Inconsistent Provisions. During the
effective period of this ordinance , as set forth below, the
�frdinance shall prevail over KCC Chapter 13 . 05
provisions of this o .
ji to the extent KCC Chapter 13 . 05 is inconsistent.
i
Section 5. Effective Date. Pursuant to RCW
35A. 12 . 130 , this ordinance shall be effective upon adoption.
The provisions of this ordinance are temporary and shall remain
j in effect only until July 31 , 1993 .
DAN KELLEHER, MAYOR
I
ATTEST:
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1 BRENDA JACOBER, CITY CLERK I
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APPROVED AS TO FORM:
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ROGER A. LUBOVICH, CITY ATTORNEY
Ij 3
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PASSED the day of , 1993 .
i
APPROVED the day of 1993 .
,
I, PUBLISHED the day of ' 1993 .
iI
I hereby certify that this is a true and correct copy
passed by the City Council of the
of Ordinance No. ,
City of Kent, Washington, and approved by the Mayor of the City
j of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
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firewks.ord
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G� Kent City Council Meeting
Date June 15 , 1993
Category Other Business
1. SUBJECT: NONCONFORMING DEVELOPMENT - ZONING CODE AMENDMENT
2 . SUMMARY STATEMENT: The proposed ordinance amends the zoning
code to allow for the reconstruction, under limited conditions,
of certain legal nonconforming developments in the event those
developments are more than fifty percent destroyed by
earthquake, fire or other similar catastrophic event.
3 . EXHIBITS: Ordinance
4 . RECOMMENDED BY: Planning Commission
(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 ACT N:
' I
Councilmember � , moves, Councilmember seconds
to adopt Ordinance No..� allowing reconstruction of noncon-
forming developments under certain limited conditions.
DISCUSSION: U
ACTION:
Council Agenda
Item No. 4B
j'
ORDINANCE NO.
i
I
AN ORDINANCE of the City of
Kent, Washington, amending Kent City
Code Section 15 . 08 . 100 (D) to allow
for the restoration or
reconstruction of nonconforming
structures under certain conditions
subject to the authority of the
City ' s Planning Director.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
:' HEREBY ORDAIN AS FOLLOWS:
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Section 1. Section 3 (D) ("NONCONFORMING
BUILDINGS/STRUCTURES") of Ordinance No. 2468 (KCC § 15. 08 . 100 (D) )
jlof the City of Kent, Washington, shall be amended as follows:
iSec. 15. 08. 100 . Nonconforming Development.
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II D. Nonconforming Buildings/Structures
1. Restrictions. Regulations applicable to nonconforming i
structures are in addition to regulations applicable to
nonconforming uses, lots and signs and in the event of
any conflict, the most restrictive provisions shall
apply.
2 . Major nonconforming buildings/structures. No major '
nonconforming structure may be expanded, enlarged, ,'
extended, reconstructed, or otherwise structurally !
altered or changed nor may any major nonconforming
+j building, structure or lot be - occupied after ;
II discontinuance or change in use unless said structure, )
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use and associated grounds, and development are brought
into compliance with use and minimum developmer
standards of the district in which such structure is
located except as follows :
a. Any major nonconforming structure damaged by fire,
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flood, explosion, wind, earthquake, war, riot, or
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other natural disaster, and where cost of j
restoration exceeds fifty (50) percent of the fair
market value of the structure at the time of
damage, shall not be restored or reconstructed and ;
used as before such happening unless the planning )
director allows such restoration or reconstruction .
under the authority of subsection 15. 08. 100 (D) (5) ;
however, where cost of restoration does not exceed
fifty (50) percent of the fair market value of the
structure at the time of damage, the structure may ,
be restored, reconstructed and used as before,
provided that the work be completed within one (1)
year of such happening.
b. Such repairs and maintenance work as required to
keep the structure in sound condition may be made
to a major nonconforming structure provided no such
structural alterations shall be made except such as
are required by law or ordinance or authorized by
the Planning Director.
3 . Minor nonconforming buildings/structures. No minor )
nonconforming structure may be expanded, enlarged, ',
extended, reconstructed, or otherwise structurally
altered or changed nor may any minor nonconforming )
building, structure or lot be occupied after
discontinuance or change in use unless said structure and ',
associated grounds, and development are brought into
compliance with the minimum development standards of the ,
district in which such structure is located, except as
follows :
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a. Any minor nonconforming structure damaged by fire,
flood, explosion, wind, earthquake, war, riot, or
other natural disaster, and where the cost of
restoration exceeds fifty (50) percent of the fair
market value of the structure at the time of
damage, shall not be restored or reconstructed and
used as before such happening unless the planning )
director allows such restoration or reconstructions
under the authority of subsection 15 08 100 (D) (5) ;
j however, where cost of restoration does not exceed '
fifty (50) percent of the fair market value of they
structure at the time of damage, it may be
restored, reconstructed and used as before,
provided that it be completed within one (1) year
of such happening.
�! b. Such repairs and maintenance work as required to
keep it in sound condition may be made to a minor
nonconforming structure provided no such structural
'J alterations shall be made except such as are ,
required by law or ordinance or authorized by the ;
Planning Director.
4 . Planning Director' s authority. The Planning Director may
waive specific development standard requirements and/or ;
impose additional requirements when all the following )
criteria are met:
a. When owing to special circumstances a literals
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enforcement of the provisions of the Zoning Code or
other land use regulatory ordinances of the City
will result in unnecessary hardship.
b. When the waiver of development requirements is in �
�i harmony with the purpose and intent of City
I; ordinances and the Comprehensive Plan.
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C. When the proposed use, building, and development ;
will function without adverse impact upon adjacent
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property, development in the area or the city as a '.,
whole.
d. When a Conditional Use Permit is not required.
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5 . Planning director' s authority -- certain--nonconforming
structures. The planning director may allow_ the ,,
restoration or reconstruction of a minor or major !
nonconforming structure if originally a legally '
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permitted structure that has been damaged by fire,
j flood explosion, wind earth uake war riot or other ,
natural disaster wherecost of restoration or
I reconstruction exceeds fifty (50) percent of the fair '
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market value of the structure at the time of damage when
all the following criteria are met:
a. When the nonconformin structure to be restored or
reconstructed would be consistent with existing
height, bulk scale and density characteristics of
I! adjacent structures and of structures within a
block radius of the subject property.
b. When the proposed use within the nonconormin
j structure will function without adverse impact upon '
adjacent property, other development in the area,
or the city as a whole.
C. When a conditional use permit is not required.
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�j No restoration or reconstruction allowed under this ;
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subsection shall be allowed if not completed within one '.
year from the date of the planning director ' s decision .
j� regarding the proposed restoration or reconstruction.
�I Section 2 . Severability. The provisions of this ordinance.
!1 are declared to be separate and severable. The invalidity of any
clause, sentence, paragraph, subdivision, section or portion of
this ordinance, or the invalidity of the application thereof to any ,
person or circumstances shall not affect the validity of the
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remainder of this ordinance, or the validity of its application to
other persons or circumstances .
Section 3 . Effective Date. This ordinance shall take effect
and be in force thirty (30) days from the time of its final
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approval and passage as provided by law.
DAN KELLEHER MAYOR
ATTEST: -
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BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
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ROGER A. LUBOVICH, CITY ATTORNEY
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PASSED the day of 1992 .
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ji APPROVED the day of 1992 .
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i PUBLISHED the day of 1992 •
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
hereon indicated.
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BRENDA JACOBER, CITY CLERK
I NONCNFRN.ord
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KENT PLANNING COMMISSION MINUTES
May 24 , 1993
The meeting of the Kent Planning Commission was called to order by
Acting Chair Heineman at 7 : 00 pm on May 24, 1993 in the Kent City
Hall, Chambers West.
PLANNING COMMISSION MEMBERS PRESENT:
Edward Heineman, Jr. , Acting Chair
Gwen Dahle
Kenneth Dozier
Raymond Ward
PLANNING COMMISSION MEMBER ABSENT:
Christopher Grant
Albert Haylor
Kent Morrill
PLANNING STAFF MEMBERS PRESENT:
Fred Satterstrom, Planning Manager
Chris Holden, Recording Secretary
APPROVAL OF MARCH 8 , 1993 MINUTES
MOTION MADE and SECONDED to accept the March 8, 1993 minutes as
presented. MOTION CARRIED.
ADDED COMMUNICATIONS:
Commissioner Dahle commented that the "Good Sam" club had requested
that they be able to use the rights of way on Willis Street for
overnight parking. Commissioner Dahle remarked she would be asking
the Public Works Department for an explanation.
Mr. Satterstrom informed the Commissioners that on Thursday,
May 27, there is an all-day continuing education session for
Planning Commissioners. It will be held in Seattle at the Sheraton
Hotel from 8 : 30 to 4 : 30 pm. This program is being offered by the
APA and Planning Commission members are encouraged to attend.
Growth Management Update
Mr. Satterstrom gave a brief report on the status of the Growth
Management program. The State has extended the timeline for doing
the City' s Comprehensive Plan to July 11 1994 . However, the
timeline to bring the development regulations into conformance with
the Comprehensive Plan have not been extended.
1
Planning Commission Minutes
May 24, 1993
#ZCA 93 2 Zoning Code Amendment relating to Nonconforming
Structures Chapter 15 . 08 .
The public hearing was opened. Assistant City Attorney Tom
Brubaker presented a brief summary of the proposed ordinance. The
ordinance will allow the Planning Director, under certain specific
conditions, to allow the re-construction of a nonconforming
structure in the event it is more than 50 percent destroyed by
fire, earthquake or other similar act of God. Mr. Brubaker
explained that developers have had problems with the ordinance as
currently written. Further, the Planning Director will have the
authority to consider the surrounding development as well as
require some modification of the re-construction to more closely
conform to the surrounding uses. In addition, the construction
must take place within one year of the Planning Director' s
approval. This is consistent with other sections of the Code which
require re-construction of a destroyed building to be done within
one year of the event.
Fred Satterstrom explained further the Zoning Code current
requirement that if a nonconforming use was more than 50 percent
destroyed it must be rebuilt to a conforming use. This requirement
applies even if the use was grandfathered. Therefore, developers
are having trouble getting financing. Finance institutions don't
want to loan money to uses that could become nonconforming because
of possible zoning changes.
It was MOVED, SECONDED and APPROVED to close the public hearing.
It was MOVED, SECONDED and APPROVED to approve the Zoning Code
amendment.
#ZCA 93-3 ZONING CODE AMENDMENT RELATING TO THE PROCEDURE FOR
ZONING MAP AND TEXT AMENDMENTS TO THE ZONING CODE CHAPTER 15. 09 .
The public hearing was opened. Mr. Satterstrom explained the
request for the Zoning Code amendment. This amendment would have
all area-wide Zoning Map designations to be heard by the Planning
Commission while the site specific rezone proposals will be heard
by the Hearing Examiner. Because most area-wide zoning
designations usually involve policy, thus, it is preferable to have
a policy body like the Planning Commission to hold the hearings and
make the recommendations.
It was MOVED, SECONDED and APPROVED to close the public hearing.
It was MOVED, SECONDED and APPROVED to approve the Zoning Code
amendment.
2
Planning Commission Minutes
May 24, 1993
"ZCA 93-4 ZONING CODE AMENDMENT ZONING CODE ENFORCEMENT
ORDINANCE CHAPTER 15. 10.
The public hearing was opened. Assistant City Attorney Tom
Brubaker reviewed the necessity of amending the Zoning Code,
Chapter 15. 10. He explained that Chapter 15. 10 would be amended
and a new chapter, Chapter 1. 04 would be created. This new chapter
would allow the City to enforce Code violations through civil
process rather than criminal. For example, if a person would be in
violation of the City Code, the Director of the appropriate
department would notify the person of the violation. The violator
would have the opportunity to agree, by signing a violation
agreement, to rectify the violation. If the violator did not sign
the violation agreement or correct the violation, there would be a
hearing before the Hearing Examiner where fines could be assessed
against the property and violator. The City could then correct the
violation and file a lien against the property. Furthermore, if
the violator persisted in creating the violation, there could be
criminal charges filed against him and then the matter would move
on to court. However, with the civil proceedings, which would move
faster than criminal proceedings, the violations would be dealt
within a more timely manner.
There was discussion about the need for criminal charges. Another
matter discussed was the whether this was a revenue generating
ordinance or whether there were actually problems with violations.
It was observed that there could be unfairness to absentee
landlords in correcting a violation caused by others. It was
pointed out that the burden of correcting violations properly
belong to landowners.
It was MOVED, SECOND and APPROVED to close the public hearing.
It was MOVED and SECONDED to delete from the ordinance any language
regarding criminal charges. A general discussion followed.
Mr. Brubaker commented the proper procedure for administering the
violation ordinance would be to go through the civil procedures
first. However, if the violator still refused to correct the
violation, then, the harsher criminal procedures would be needed.
The criminal procedures provide an ultimatum in correcting the
violation.
MOTION FAILED for lack of a majority.
It was MOVED, SECONDED and APPROVED to approve the ordinance as
written.
3
Planning Commission Minutes
May 24 , 1993
Election of Officers
This item was postponed until more members can attend.
Mr. Heineman will be acting Chairperson until elections are held.
It was MOVED, SECONDED and APPROVED to adjourn the hearing at
8 :50 PM.
Respectfully submitted,
Ja s . Harris, Secretary
apc:pcmin5.24
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Kent City Council Meeting
Date June 15, 1993
��Nvtiy'
Category Other Business
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1. SUBJECT: AREA-WIDE ZONING MAP AMENDMENTS - ZONING CODE
AMENDMENT
2 . SUMMARY STATEMENT: The proposed ordinance provides for a
unified approach concerning zoning code text and map amendments
as they pertain to area-wide rezones. The ordinance brings
both area-wide text and map amendments before the Planning
Commission prior to final decision by Council. Previously, the
city code split these hearings by bringing area-wide text
amendments before the Planning Commission and area-wide map
amendments before the Hearing Examiner.
3 . EXHIBITS: Ordinance
4 . RECOMMENDED BY: Planning Commission
(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 L A� moves, Councilmember OtlD( seconds
to adopt Ordinance No. ),�Zamending the process for area-wide
zoning code map amendments.
DISCUSSION• YVk
ACTION:
Council Agenda
Item No. 4C
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ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter
15. 09 of the Kent City Code relating to the
�! procedure for zoning map and text amendments to
the zoning code.
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WHEREAS, Section 15 . 09 . 050 provides that text amendments
to the zoning map are heard by the Planning Commission and City
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Council and that zoning map amendments are heard by the hearing
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examiner; and
WHEREAS, these procedures are difficult to implement
�I with area-wide zoning or rezoning when both text and map
amendments are required; and
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WHEREAS, this process would be more efficient by
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allowing the Planning Commission to hear both zoning map and text
amendments in cases of area-wide zoning and rezoning; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
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section 1. Section 15 . 09 . 050 of the Kent City Code is
hereby amended to read as follows :
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Sec. 15. 09 . 050 . Amendments.
This title may be amended by the city council by
changing the boundaries of zoning districts (rezones which change !
the official zoning map) or by changing any other provisions
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I, thereof (text amendments which add, delete or otherwise modify
the text of this title) whenever the public necessity and
convenience and the general welfare require such amendment, by
following the procedures of this section.
A. Initiation. An amendment may be initiated as
follows:
1 . Amendments to the text of this title and
official zoning map amendments may be initiated by resolution of
intention by the city council . Text amendments are heard by the
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planning commission and city council ; zoning map amendments are
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heard by the hearing examiner. In the case of area-wide zoning
'1 or rezoning both text amendments and zoning map amendments may
be heard by the planning commission and city council.
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2 . Amendments to the text of this title may be
initiated by resolution of intention by the planning commission.
3 . Official zoning map amendments (rezones) ,
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including the application of the "C" suffix, may be initiated by
application of one (1) or more owners, or their agents, of the
property affected by the proposed amendment, which shall be made
on a form prescribed by the planning department and filed with
the planning department. The application shall be submitted at
least forty-five (45) days prior to the next regularly scheduled
public hearing date, and shall be heard by the hearing examiner
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within one hundred (100) days of the date of the application;
provided, however, that this period may be extended in any case
for which an environmental impact statement is required.
ring examiner shall hold at
B. Public Hearing. The hea
least one (1) public hearing on any proposed amendment, and shall
give notice thereof in at least one (1) publication in the local
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newspaper at least ten (10) days prior to the public hearing.
!; 1. Notice shall be given to all property owners
within at least two hundred (200) feet and, when determined by
the planning director, a greater distance from the exterior
boundaries of the property which is the subject of the
application. Such notice is to be sent ten (10) days prior to
! the public hearing. The failure of any property owner to receive
the notice of hearing will not invalidate the proceedings .
2 . Public notices shall be posted in one (1)
conspicuous place on or adjacent to the property which is the
subject of the application at least ten (10) days prior to the
it date of the public hearing. Public notice shall be accomplished
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through use of a four (4) foot by four (4) foot plywood face
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generic notice board, to be issued by the city planning
department, and as follows: The applicant shall apply to the
city for issuance of the notice board, and shall deposit with the ,
i� city planning department the amount of sixty dollars ($60. 00) .
iThe applicant shall be responsible for placement of the notice
boards in one (1) conspicuous place on or adjacent to the
property which is the subject of the application at least
fourteen (14) days prior to the date of the public hearing.
Planning department staff shall post laminated notice sheets and
vinyl information packets on the board no later than ten (10)
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days prior to the hearing. Upon return of the notice board in
good condition to the planning department by the applicant,
forty-five dollars ($45 . 00) of the initial notice board deposit
( shall be refunded to the applicant.
C. Standards and Criteria for Granting a Request for
iIRezone. The following standards and criteria shall be used by
the hearing examiner and city council to evaluate a request for
rezone. Such an amendment shall only be granted if the city
council determines that the request is consistent with these
�I standards and criteria.
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1. The proposed rezone is consistent with the
I comprehensive plan.
I 2 . The proposed rezone and subsequent development
ji of the site would be compatible with development in the vicinity
3 . The proposed rezone will not unduly burden the
transportation system in the vicinity of the property with
significant adverse impacts which cannot be mitigated.
4 . Circumstances have changed substantially since
jjthe establishment of the current zoning district to warrant the
'{ proposed rezone.
5 . - The proposed rezone will not adversely affect
ithe health, safety and general welfare of the citizens of the
city.
D. Rezoning to MI-C. The hearing examiner and the
city council shall use the standards and criteria provided in
subsection C. of this section to evaluate a request for rezone to
�I M1-C. In addition, the hearing examiner and city council shall
evaluate a request for M1-C on the basis of the following
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standards and criteria. Such an amendment shall only be granted
if the city council determines the request is consistent with
these standards and criteria.
1. The proposed rezone is in close proximity or
contiguous to major arterial intersections identified on the
comprehensive plan map as being appropriate locations for
commercial type land uses.
2 . Rezoning to Ml-C shall not be speculative in
nature, but shall be based on generalized development plans and
uses.
E. Recommendation of Hearing Examiner. Following the
public hearing provided for in this section, the hearing examiner,
shall make a report of findings and recommendations with respect
to the proposed amendment and shall forward such to the city
council , which shall have the final authority to act on the
amendment.
F. City Council Action.
1. Within thirty (30) days of receipt of the
hearing examiner' s recommendation, the city council shall, at a
regular public meeting, consider the recommendation.
2 . If the application for an amendment is denied
by the city council, the application shall not be eligible for
resubmittal for one (1) year from date of the denial, unless
specifically stated to be without prejudice. A new application
affecting the same property may be submitted if, in the opinion
of the hearing examiner, circumstances affecting the application
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have changed substantially.
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Section 2 . Severability. If any one or more sections,
subsections or sentences of this chapter are held to be
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unconstitutional or invalid, such decision shall not affect the
( validity of the remaining portion of this chapter and the same
shall remain in full force and effect.
,{ Section 3 . Effective Date. This ordinance shall take
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( effect and be in force thirty (30) days from and after its
11,
' passage, approval and publication as provided by law.
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ij DAN KELLEHER, MAYOR
ATTEST:
j; BRENDA JACOBER, CITY CLERK
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APPROVED AS TO FORM:
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ROGER A. LUBOVICH, CITY ATTORNEY
1�
PASSED the day of 1993 .
APPROVED the day of 1993 .
I;
(( PUBLISHED the day of , 1993 .
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I hereby certify that this is a true copy of
Ordinance No. , passed by the city Council of the City
II of Kent, Washington, and approved by the Mayor of the City of
lI Kent as hereon indicated.
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(SEAL)
13RENDA JACOBER, CITY CLERK
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amend.ord ;
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KENT PLANNING COMMISSION MINUTES
May 24, 1993
The meeting of the Kent Planning Commission was called to order by
Acting Chair Heineman at 7 : 00 pm on May 24, 1993 in the Kent City
Hall, Chambers West.
PLANNING COMMISSION MEMBERS PRESENT:
Edward Heineman, Jr. , Acting Chair
Gwen Dahle
Kenneth Dozier
Raymond Ward
PLANNING COMMISSION MEMBER ABSENT:
Christopher Grant
Albert Haylor
Kent Morrill
PLANNING STAFF MEMBERS PRESENT:
Fred Satterstrom, Planning Manager
Chris Holden, Recording Secretary
APPROVAL OF MARCH 8 , 1993 MINUTES
MOTION MADE and SECONDED to accept the March 8 , 1993 minutes as
presented. MOTION CARRIED.
ADDED COMMUNICATIONS:
Commissioner Dahle commented that the "Good Sam" club had requested
that they be able to use the rights of way on Willis Street for
overnight parking. Commissioner Dahle remarked she would be asking
the Public Works Department for an explanation.
Mr. Satterstrom informed the Commissioners that on Thursday,
May 27, there is an all-day continuing education session for
Planning Commissioners. It will be held in Seattle at the Sheraton
Hotel from 8 : 30 to 4 : 30 pm. This program is being offered by the
APA and Planning Commission members are encouraged to attend.
Growth Management Update
Mr. Satterstrom gave a brief report on the status of the Growth
Management program. The State has extended the timeline for doing
the City' s Comprehensive Plan to July 1, 1994 . However, the
timeline to bring the development regulations into conformance with
the Comprehensive Plan have not been extended.
1
Planning Commission Minutes
May 24, 1993
#ZCA-93-2 Zoning Code Amendment relating to Nonconforming
Structures, Chapter 15 . 08 .
The public hearing was opened. Assistant City Attorney Tom
Brubaker presented a brief summary of the proposed ordinance. The
ordinance will allow the Planning Director, under certain specific
conditions, to allow the re-construction of a nonconforming
structure in the event it is more than 50 percent destroyed by
fire, earthquake or other similar act of God. Mr. Brubaker
explained that developers have had problems with the ordinance as
currently written. Further, the Planning Director will have the
authority to consider the surrounding development as well as
require some modification of the re-construction to more closely
conform to the surrounding uses. In addition, the construction
must take place within one year of the Planning Director ' s
approval. This is consistent with other sections of the Code which
require re-construction of a destroyed building to be done within
one year of the event.
Fred " Satterstrom explained further the Zoning Code current
requirement that if a nonconforming use was more than 50 percent
destroyed it must be rebuilt to a conforming use. This requirement
applies even if the use was grandfathered. Therefore, developers
are having trouble getting financing. Finance institutions don't
want to loan money to uses that could become nonconforming because
of possible zoning changes.
It was MOVED, SECONDED and APPROVED to close the public hearing.
It was MOVED, SECONDED and APPROVED to approve the Zoning Code
amendment.
#ZCA-93-3 ZONING CODE AMENDMENT RELATING TO THE PROCEDURE FOR
ZONING MAP AND TEXT AMENDMENTS TO THE ZONING CODE CHAPTER 15. 09 .
The public hearing was opened. Mr. Satterstrom explained the
request for the Zoning Code amendment. This amendment would have
all area-wide Zoning Map designations to be heard by the Planning
Commission while the site specific rezone proposals will be heard
by the Hearing Examiner. Because most area-wide zoning
designations usually involve policy, thus, it is preferable to have
a policy body like the Planning Commission to hold the hearings and
make the recommendations.
It was MOVED, SECONDED and APPROVED to close the public hearing.
It was MOVED, SECONDED and APPROVED to approve the Zoning Code
amendment.
2
Planning Commission Minutes
May 24 , 1993
#ZCA 93 4 ZONING CODE AMENDMENT ZONING CODE ENFORCEMENT
ORDINANCE. CHAPTER 15 . 10.
The public hearing was opened. Assistant City Attorney Tom
Brubaker reviewed the necessity of amending the Zoning Code,
Chapter 15. 10. He explained that Chapter 15. 10 would be amended
and a new chapter, Chapter 1. 04 would be created. This new chapter
would allow the City to enforce Code violations through civil
process rather than criminal. For example, if a person would be in
violation of the City Code, the Director of the appropriate
department would notify the person of the violation. The violator
would have the opportunity to agree, by signing a violation
agreement, to rectify the violation. If the violator did not sign
the violation agreement or correct the violation, there would be a
hearing before the Hearing Examiner where fines could be assessed
against the property and violator. The City could then correct the
violation and file a lien against the property. Furthermore, if
the violator persisted in creating the violation, there could be
criminal charges filed against him and then the matter would move
on to court. However, with the civil proceedings, which would move
faster than criminal proceedings, the violations would be dealt
within a more timely manner.
.There was discussion about the need for criminal charges. Another
matter discussed 'was the whether this was a revenue generating
ordinance or whether there were actually problems with violations.
It was observed that there could be unfairness to absentee
landlords in correcting a violation caused by others. It was
pointed out that the burden of correcting violations properly
belong to landowners.
It was MOVED, SECOND and APPROVED to close the public hearing.
It was MOVED and SECONDED to delete from the ordinance any language
regarding criminal charges. A general discussion followed.
Mr. Brubaker commented the proper procedure for administering the
violation ordinance would be to go through the civil procedures
first. However, if the violator still refused to correct the
violation, then, the harsher criminal procedures would be needed.
The criminal procedures provide an ultimatum in correcting the
violation.
MOTION FAILED for lack of a majority.
It was MOVED, SECONDED and APPROVED to approve the Ordinance as
written.
3
Planning Commission Minutes
May 24 , 1993
Election of Officers
This item was postponed until more members can attend.
Mr. Heineman will be acting Chairperson until elections are held.
It was MOVED, SECONDED and APPROVED to adjourn the hearing at
8:50 PM.
Respectfully submitted,
Ja s Harris, Secretary
apc:pcmin5.24
4
�1 , 1 �✓ Kent City Council Meeting
tik/ JJJI ` �� Date June 15 , 1993
C'a � Category Other Business
1. SUBJECT: CIVIL VIOLATIONS - ZONING CODE AMENDMENT
2 . SUMMARY STATEMENT: The proposed ordinance amends the zoning
code by removing the existing civil violations enforcement
provisions in Chapter 15 . It refers the civil violations
enforcement procedure to the new general civil violations
enforcement procedures which were recently enacted as a new
Chapter 1 . 04 to the city code.
3 . EXHIBITS: Ordinance
4 . RECOMMENDED BY: Planning Commission
(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 ; L; moves, Councilmember seconds
to adopt Ordinance No. �L amending the civil violations
enforcement procedures for zoning code violations.
DISCUSSION: Jk;
ACTION: 1 J-YA uldl
Council Agenda
Item No. 4D
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ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending the zoning
code, Chapter 15. 10 of the Kent City Code,
IIi violations, enfo
rcement
cement of
relating to civil viol ,
j development and use regulations, providing
civil penalties, abatement procedures, and
collection of any necessary costs by the City.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 15 . 10 of the Kent City Code is
amended to read as follows:
CHAPTER 15 . 10
ENFORCEMENT
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Sec. 15 . 10. 010. 15=T�_�� VIOLATIONS .
it A. It is a violation of this title for any person to
initiate or maintain or cause to be initiated or maintained the use ;
of any structure, land or property within the city without first '
jobtaining the permits or authorizations required for the use by
this title.
I� B. It is a violation of this title for any person to ',
j' use, construct, locate or demolish any structure, land or property,
it
within the city in any manner that is not permitted by the terms of
any permit or authorization issued pursuant to this title, provided '
that the terms or conditions are explicitly stated on the permit or '
the approved plans .
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C. It is a violation of this title to remove or deface
any sign, notice, complaint or order required by or posted in
accordance with this title or title 11. 03 .
D. It is a violation of this title to misrepresent any
material fact in any application, plans or other information
submitted to obtain any land use authorization.
E. It is a violation of this title for anyone to fail
to comply with the requirements of this title.
Sec. 15. 10 . 020. 1515 -!G044 - DUTY TO ENFORCE.
A. It shall be the duty of the director of planning to
enforce this title. The director may call upon the police, fire,
health or other appropriate city departments to assist in
enforcement.
B. Upon presentation of proper credentials, till!
director or duly authorized representative of the director may,
with the consent of the owner or occupier of a building or
premises, or pursuant to a lawfully issued inspection warrant,
enter at reasonable times any building or premises subject to the
consent or warrant to perform the duties imposed by this title.
C. This title shall be enforced for the benefit of the
health, safety and welfare of the general public, and not for the
benefit of any particular person or class of persons.
D. It is the intent of this title to place the
obligation of complying with its requirements upon the owner,'
occupier or other person responsible for the condition of the land
and buildings within the scope of this title.
E. No provision or term used in this title is intendedi
to impose any duty upon the city or any of its officers or '.
employees which would subject them to damages in a civil action.
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Sec. 15. 10 . 030 . 15 . 0.moo: INVESTIGATION AND NOTICE OF
VIOLATION.
A. The director or his representative shall investigate
any structure or use which the director reasonably believes does
knot comply with the standards and requirements of this title.
B. If, g after investigation, the director determines )
that the standards or requirements have been violated, the director
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( (sal) ) may seek compliance and serve a notice of violation on
1, the owner, tenant or other person responsible for the condition
j and/or otherwise enforce pursuant to this chapter and Section
II 15. 10. 070 below. ( (The + f vielatien shall state "pe
eaeh standard requirement ^, ated, shall } } hat eer-reetive
aetien;T€ any, is eeessa +^ 3
p with the } aa er
l
netiee shall state that any sequent vielatio Y , } 71*-n
.
G. The netiee shall be served upen the tenant
r
i�
'! ether persen respensible fer the eenditien by per enalr
ij
registered mail , er eert.-ified fnail with } +.r requested,
addressed te the last knewn address ef saeh persen. 1-f, after a
i
I r
lAshed and the direeter makes an affidavit te that effeet,
#hpn se-r44ee of the netiee upen sa !
}-je }^ l.,
i 2 �"�-n-ng a eeP�e€ the p"
l
�I
iknewn address if knewn, r i
i
1! preperty inveived in the ,
it
I'll
,
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eensAeuellm-
the netiee is net I
i
see
t' ! G 1n- n1 -i
F. The direeter-maY
all r
i'
eaeh
pr-eeedu es.
I.
or-der
when
vielatien eited in the
I;
i
rroee; The stated intent, F an
party te take stepa-te-��,
,ineludinEI
-- a-a gal eensiderations,—e^ } and
the L-_���es ef- ianda:ej-ds and tenants ; and
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the respensible ,...F..
r-.
i
vz�T-� l
- -
pers )n et
Sec. 15 . 10 . 040. ' ` . jo . _O-.- STOP WORK ORDER.
Whenever a continuing violation of this title will
materially impair the director ' s ability to secure compliance with
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j this title, or when the continuing violation threatens the health
or safety of the public, the director may issue a stop work order
specifying the violation and prohibiting any work or other activity
at the site. A failure to comply with a stop work order shall
constitute a violation of this title.
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Sec. 15. 10 . 050. EMERGENCY ORDER.
A. Whenever any use or activity in violation of this
title threatens the health and safety of the occupants of the
premises or any member of the public, the director may issue an ",
emergency order directing that the use or activity be discontinued )
ti and the condition causing the threat to the public health and !
safety be corrected. The emergency order shall specify the time ;
li for compliance and shall be posted in a conspicuous place on the
property, if posting is physically possible. A failure to comply
j with an emergency order shall constitute a violation of this title. ',
B. Any condition described in the emergency order which
is not corrected within the time specified is hereby declared to be '
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a public nuisance, and the director is authorized to abate such
nuisance summarily by such means as may be available. The cost of
such abatement shall be recovered from the owner or person
responsible, or both, in the manner provided by law.
i
serviee
F the netiee. When
t Fig-+ i i Q i t s
the last
federal: e all run until S
t shall be- in
the n )Et business day. The--r�
1 ,
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(4:0) and net faere than after the req est is
Ireeelved unless }h. 7 �
Ii netiee ef vielatien. Befere
in the netiee of
II
eensidera
} at the review-
B.
meeting held at
} a , l 1 {-&i
�tyle —ccx L cC C F the TTB�
after the '
I I .
Sustain #h ..}; �
enj
z .
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3. Eentinue—the- review to a date eer'tain =air' i
reeeipt of additional n fernat
i
e-r
elude-an extension of the eemplianee
I' E. The direeter shall issue final erder e€ tie
direeter eentaining the deeisien within seven (7) days ef the date
III of the eemplet}en of the review, and shag-eause the er-derte-be
l mailed by regular- first eras mail to the per•seas—named enthe
netiee ef viol ien, mailed to the eemplainant, iressibl ,
j filed with the department e reeerds and e-leetiens of the . .nty ) )
Sec. 15. 10 . 060. 15 10. 1916: EXTENSION OF COMPLIANCE
DATE.
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A. The director may grant an extension of time for
compliance with any notice or order, whether pending or final, upon
the director ' s finding that substantial progress toward compliance
has been made and that the public will not be adversely affected by '
the extension.
B. An extension of time may be revoked by the director
if it is shown that the conditions at the time the extension was
i granted have changed, if the director determines that a party is
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not performing corrective actions as agreed, or if the extension '
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creates an adverse effect on the public. The date of revocation
shall then be considered as the compliance date.
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See. 15 . 19 . 018 . GrV T� PENATmI'£Y. j
preeeciare which Faay be available, any persen yielating er failinll
t-e-aemgl he previsiens of this title shall be subjeet
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fl te a euFaulat- N the ameunt e€ seventy five dears
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III
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i direeter shall netify the
eemplianee until the erder is eemplied with-
with ci-- xTsr=+ He 6� +rc—axzc�+, + +ien +
I G,. The j full er partial fait --�i
l
F , b
'That the el
vielatien was ed
h / bat that fUll
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+ +:a
i + -aerials er larw-r—inability
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the eentrel ef the defendant- ) )
Sec. 15 . 10 . 070. . ' ^ . 020 . GRiMiN
AL PEN
VIOLATION-PENALTY.
A. Civil Any violation of any provision of this
chapter constitutes a civil violation under Kent City Code Chapter :,
1 . 04 for which a monetary penalty may be assessed and abatement may
be required as provided therein.
( (A---) ) B. Criminal In addition or as an alternative to and ,
�i other penalty provided in this chapter or by laws ( (A) ) any person •
violating or failing to comply with any of the provisions of this ;
chapter shall be guilty of a misdemeanor and, upon conviction )
Ii thereof, shall be punishable in accordance with the provisions of
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section 1. 01. 140 relating to criminal penalties for misdemeanors. i
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II
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had a } h t t n
it
ji�lthin the past f
eeding
qu
i�
fer a teriR Fiet emeeeding—e-e
beth fine El and-
ef this title shall eenstitute a separate effePrse—
i dellars , maybe mram-
2 }h Nxielatien
this title F whieh
eerree}ive aetien e} hl
- el- bad faith
fie --any ,
intentienal
Sec. 15 . 10 . 080 . 15�- !0:922 . ADDITIONAL RELIEF.
The director may seek legal or equitable relief to enjoin
any acts or practices and restore or abate any condition which
I; constitutes or will constitute a violation of this title when civil
li or criminal penalties are inadequate to effect compliance.
Section 2 . SEVERABILITY . If any one or more sections, !'
subsections or sentences of this chapter are held to bell
ii unconstitutional or invalid, such decision shall not affect the ,
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validity of the remaining portion of this chapter and the same )
shall remain in full force and effect.
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Section 3 . Effective Date. This ordinance shall
take
effect and be in force thirty (30) days after its passage, approval
and publication.
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DAN KELLEHER, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
it
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j' APPROVED AS TO FORM:
I! ROGER A. LUBOVICH, CITY ATTORNEY
PASSED the day of 1993 .
ii APPROVED the day of 1993 .
j PUBLISHED the day of 1993 .
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j� I hereby certify that this is a true and correct copy of
Ordinance No. passed by the City Council of the City ofj
Kent, Washington, and approved by the Mayor of the City of Kent asl
i hereon indicated.
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(SEAL)
BRENDA JACOBER, CITY CLERK
landuse.ord
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'III I1
ORDINANCE NO. I I D
AN ORDINANCE of the City Council of the
j City of Kent, Washington, relating to civil
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violations, enforcement of regulations,
providing civil penalties, abatement
procedures, and collection of any necessary
costs by the City.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1 . There shall be a new chapter added to Title
' 1 of the Kent City Code, Chapter 1 . 04 , which shall read as follows:
CHAPTER 1. 04
CIVIL VIOLATIONS, ENFORCEMENT
AND ABATEMENT
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1 . 04 . 010 . PURPOSE. The purpose of this chapter is to
�lestablish an efficient system to enforce the development and use
regulations of the City, to provide an opportunity for a prompt
!ihearing and decision on alleged violations of these regulations,
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,, and to establish monetary penalties for violations. This chapter
( shall apply to violations of Chapter 8 . 01 (Public Nuisances) , 8 . 07
(Weeds and Vegetation) , 8 . 08 (Junk Vehicles) , and other code
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! provisions making reference to this chapter.
1 . 04 . 020 . DEFINITIONS . As used in this chapter, unless
a different meaning is plainly required:
A. "Abate" means to repair, replace, remove, destroy or
;! otherwise remedy a condition which constitutes a civil violation by
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such means, in such a manner and to such an extent as the
applicable department director determines is necessary in the
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interest of the general health, safety and welfare of the
li community.
j B. "Act" means doing or performing something.
C. "Applicable department director" means the director
jof the department or his or her designee or any designated
]' alternate empowered by ordinance or by the Mayor to enforce a City
ordinance or regulation including assigned code enforcement
: officials.
D. "Civil violation" means a violation for which a
monetary penalty may be imposed as specified in this chapter. Each
iday or portion of a day during which a violation occurs or exists
is a separate violation.
E . "Development" means the erection, alteration
enlargement, demolition, maintenance or use of any structure or the
alteration or use of any land above , at or below ground or water
level , and all acts authorized by a City regulation.
i F. "Emergency" means a situation which in the opinion
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of the applicable department director requires immediate action to
prevent or eliminate an immediate threat to the health or safety of
11persons or property.
�i G. "Hearing Examiner" means the Kent Hearing Examiner ]
and the office thereof established pursuant to Kent City Code,
Chapter 2 . 32 .
H. "omission" means a failure to act.
I . "Person" means any individual , firm, association,
partnership, corporation or any entity, public or private.
J . "Person responsible for the violation" means any ',
I person who has an interest in the property.
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K. "Regulation" means and includes the following, as
now or hereafter amended:
1 . Kent City Code Chapters 8 . 01 (Public
I� Nuisances) , 8 . 07 (Weeds and Vegetation) , 8 . 08 (Junk Vehicles) ;
2 . All other code provisions making reference to
'i this chapter;
3 . All standards, regulations and procedures
!! adopted by the City making reference to this chapter; and
4 . The terms and conditions of any permit or
approval issued by the City, or any concomitant agreement with the
City pursuant to code provisions making reference to this chapter.
L. "Repeat violation" means a violation of the same
regulation in any location by the same person for which voluntary'
compliance previously has been sought within two years or a notice
of civil violation has been issued within two years .
M. "Violation" means an act or omission contrary to a ,
City regulation.
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1 . 04 . 030 . VOLUNTARY CORRECTION.
A. Applicability. This section applies whenever the
applicable department director determines that a violation of a
� regulation has occurred or is occurring.
B. General . The applicable department director shalli
attempt to secure voluntary correction by contacting the person ;
responsible for the violation where possible, explaining the
violation and requesting correction .
C. Issuance of Voluntary Correction Agreement. A
IIvoluntary correction agreement may be entered into between the ';
II person responsible for the violation and the City, acting through
the applicable department director.
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1. Content. The voluntary correction agreement is
a contract between the City and the person responsible for the
violation under which such person agrees to abate the violation
within a specified time and according to specified conditions. The I
voluntary correction agreement shall include the following:
a. The name and address of the persons
irresponsible for the violation; and
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b. The street address or a description
I� sufficient for identification of the building, structure, premises
or land upon or within which the violation has occurred or is
occurring ; and
C. A description of the violation and a
reference to the regulation which has been violated; and
d. The necessary corrective action to be ,
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taken, and a date or time by which correction must be completed
and
e. An agreement by the person responsible for
the violation that the city may inspect the premises as may be
necessary to determine compliance with the voluntary correction '
agreement; and
f. An agreement by the person responsible for
the violation that the City may abate the violation and recover its :
costs and expenses and/or a monetary penalty pursuant to this :
chapter from the person responsible for the violation if terms of
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the voluntary correction agreement are not met; and
it g. An agreement that by entering into the ,
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!I voluntary correction agreement, the person responsible for the '
to a hearing before the hearing examiner
violation waives the right '
under this chapter regarding the matter of the violation and/or the :
required corrective action.
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!I' 2 . Right to a Hearing Waived. Upon entering into ill
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a voluntary correction agreement, the person responsible for the I
violation waives the right to a hearing before the hearing examiner ,
hinder this chapter regarding the matter of the violation and/or the
required corrective action.
3 . Extension--Modification. An extension of the
time limit for correction or a modification of the required
corrective action may be granted by the applicable department
director if the person responsible for the violation has shown due '
,: diligence and/or substantial progress in correcting the violation
lbut unforeseen circumstances render correction under the original ,
conditions unattainable.
4 . Abatement by the City. The City may abate the
violation in accordance with Section 1 . 04 . 060 if the terms of the :
voluntary correction agreement are not met.
5 . Collection of Costs. If the terms of the
voluntary correction agreement are not met the person responsible
for the violation shall be assessed a monetary penalty commencing
„ on the date set for correction and thereafter, in accordance with
Section 1 . 04 . 040 (E) , plus all costs and expenses of abatement, as
set forth in Section 1. 04 . 060 (D) .
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1 . 04 . 040 . NOTICE OF CIVIL VIOLATION.
A. Issuance.
1 . When the applicable department director !
determines that a violation has occurred or is occurring, and isj
unable to secure voluntary correction, pursuant to Section '
1. 04 . 030 , the applicable department director may issue a notice of
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civil violation to the person responsible for the violation.
2 . The applicable department director may issue a
II notice of civil violation without having attempted to secure !
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voluntary correction as provided in Section 1. 04 . 030 under the
following circumstances:
a. When an emergency exists ; or
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jb. When a repeat violation occurs; or
C. When the violation creates a situation or
condition which cannot be corrected ; or
IId. When the person knows or reasonably should
have known -that the action is in violation of a City regulation; or
e. The person cannot be contacted or refuses
j! to communicate or cooperate with the City in correcting thei
violation.
B. Content. The notice of civil violation shall .
include the following:
1 . The name and address of the person responsible
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for that violation; and
2 . The street address or description sufficient ,
i' for identification of the building, structure, premises, or land.
upon or within which the violation has occurred or is occurring; '
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and
i 3 . A description of the violation and a reference
to the provision (s) of the City regulations) which has been '.
violated; and
4 . The required corrective action and a date and )
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time by which the correction must be completed after which the City :
may abate the unlawful condition in accordance with Section !,
1. 04 . 060 ; and
5 . The date, time and location of an appeal ;
hearing before the Hearing Examiner which will be at least ten (10)
days but no more than forty-five (45) days from the date the notice )
I� of civil violation is issued; and
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6. A statement indicating that the hearing will be
canceled and no monetary penalty will be assessed if the applicable
department director approves the completed, required corrective
faction at least forty-eight hours prior to the hearing; and
j 7 . A statement that the costs and expenses of i
abatement incurred by the City pursuant to Section 1. 04 . 060 (D) and
� a monetary penalty in an amount per day for each violation as
specified in Section 1 . 04 . 040 (E) may be assessed against the person
to whom the notice of civil violation is directed as specified and !
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j ordered by the Hearing Examiner.
C. Service of Notice. The applicable department ,,
idirector shall serve the notice of civil violation upon the person
responsible for the violation, either personally or by mailing a
copy of the notice of civil violation to such person at their last '
known address . If the person responsible for the violation cannot,
be personally served within King County and if an address for
mailed service cannot be ascertained, notice shall be served by
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posting a copy of the notice of civil violation conspicuously on ,•
the affected property or structure. Proof of service shall be made
by a written declaration under penalty of perjury executed by the ',
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person effecting the service, declaring the time and date of
service, the manner by which the service was made, and if by
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posting the facts showing that due diligence was used in attempting
j to serve the person personally or by mail .
D. Extension. Extensions of the time specified in thej
notice of civil violation for correction of the violation may be
�igranted at the discretion of the applicable department director or �
by order of the Hearing Examiner.
E. Monetary Penalty. The monetary penalty for each
violation per day or portion thereof shall be five hundred dollars ;
($500 . 00) .
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F. Continued Duty to Correct. Payment of a monetary
penalty pursuant to this chapter does not relieve the person to !
whom the notice of civil violation was issued of the duty to
+ correct the violation.
G. Collection of Monetary Penalty.
1. The monetary penalty constitutes a personal
obligation of the person to whom the notice of civil violation is
directed. Any monetary penalty assessed must be paid to the City
within ten calendar days from the date of mailing of the Hearing
( Examiner ' s decision or a notice from the City that penalties are
due.
I 2 . The City Attorney or his/her signee is
!I authorized to take appropriate action to collect the monetary
li penalty.
1. 04 . 050. HEARING BEFORE THE HEARING EXAMINER.
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A. Notice. A person to whom a notice of civil
violation is issued will be scheduled to appear before the Hearing
j Examiner not less than ten (10) calendar days but no more than
forty-five (45) days after the notice of civil violation is issued.
Extensions may be granted at the discretion of the applicable .
department director.
tion of Violation. The hearing will be
B. Prior Correc !
canceled and no monetary penalty will be assessed if the applicable ;
!I department director approves the completed required corrective,
action at least forty-eight (48) hours prior to the scheduled
hearing.
C. Procedure. The Hearing Examiner shall conduct a
hearing on the civil violation pursuant to the rules of procedure ',
of the Hearing Examiner. The applicable department director andl
the person to whom the notice of civil violation was directed may !
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participate as parties in the hearing and each party may call
witnesses. The City shall have the burden of proof to demonstrate
by a preponderance of the evidence that a violation has occurred
and that the required corrective action will correct the violation.
IThe determination of the applicable department director as to the
I! need for the required corrective action shall be accorded
+Ilsubstantial weight by the Hearing Examiner in determining the
Ilreasonableness of the required corrective action.
!!!I; D. Decision of the Hearing Examiner.
1 . The Hearing Examiner shall determine whether
;! the City has established by a preponderance of the evidence that a
; violation has occurred and that the required correction will
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correct the violation and shall affirm, vacate, or modify the
iCity' s decisions regarding the alleged violation and/or the
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lrequired corrective action, with or without written conditions.
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2 . The Hearing Examiner shall issue an order to
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the person responsible for the violation which contains the
following information:
i a. The decision regarding the alleged
violation including findings of fact and conclusions based thereon
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in support of the decision;
b. The required corrective action;
C. The date and time by which the correction ;
i must be completed;
d. The monetary penalties assessed based on ,
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the criteria in section 1 . 04 . 050 (D) (3) ;
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e. The date and time after which the City may
proceed with abatement of the unlawful condition if the required
correction is not completed.
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3 . Assessment of Monetary Penalty. Monetary
penalties assessed by the Hearing Examiner shall be in accordance
with the monetary penalty in Section 1. 04 . 040 (E) .
a. The Hearing Examiner shall have the
following options in assessing monetary penalties:
�i i. Assess monetary penalties beginning
on the date the notice of civil violation was issued and
jIthereafter; or
ii. Assess monetary penalties beginning
on the correction date set by the applicable department director or
ian alternate correction date set by the Hearing Examiner and
thereafter; or
iii . Assess less than the established
11monetary penalty set forth in Section 1. 04 . 040 (E) based on the
!, criteria of Section 1. 04 . 050 (D) (3 ) (b) .
iv. Assess no monetary penalties.
b. In determining the monetary penalty
; assessment, the Hearing Examiner shall consider the following
factors:
i . Whether the person responded to
staff attempts to contact the person and cooperated with efforts to
correct the violation;
ii. Whether the person failed to appear
Iat the hearing;
iii . Whether the violation was a repeat
violation;
iv. Whether the person showed due
diligence and/or substantial progress in correcting the violation;
V. Whether a genuine code
interpretation issue exists ; and
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vi . Any other relevant factors.
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C. The Hearing Examiner may double the
monetary penalty schedule if the violation was a repeat violation.
In determining the amount of the monetary penalty for repeat
lviolations the Hearing Examiner shall consider the factors set
forth in Section 1. 04 . 050 (D) (3) (b) .
4 . Notice of Decision. The hearing examiner shall
e mail a copy of the decision to the person to whom the notice of a
civil violation was issued and to the applicable department
director within ten (10) working days of the hearing.
E. Failure to Appear. If the person to whom the notice
of civil violation was issued fails to appear at the scheduled
hearing, the examiner will enter an order with findings pursuant to
Section 1 . 04 . 050 (D) (2) and assess the appropriate monetary penalty
; pursuant to Section 1 . 04 . 050 (D) (3 ) . The City will enforce the
Hearing Examiner ' s order and recover all related expenses , plus the
cost of the hearing and any monetary penalty from that person.
F. Appeal to Superior Court. An appeal of the decision
of the Hearing Examiner must be filed with Superior Court within
thirty (30) calendar days from the date the Hearing Examiner' s
decision was personally served upon or was mailed to the person to
whom the notice of civil violation was directed, or is thereafter
barred.
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1 . 04 . 060 . ABATEMENT BY THE CITY .
A. The City may abate a condition which was caused by
or continues to be a civil violation when:
i 1. The terms of voluntary correction agreement ',
pursuant to Section 1 . 04 . 030 have not been met ; or
2 . A notice of civil violation has been issued '
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! pursuant to Section 1 . 04 . 040 and a hearing has been held pursuant
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to Section 1. 04 . 050 and the required correction has not been
completed by the date specified in the Hearing Examiner' s order; or
3 . The condition is subject to summary abatement
as provided for in Section 1. 04 . 060 (B) .
B. Summary Abatement. Whenever any violation of a
regulation causes a condition the continued existence of which
constitutes an immediate and emergent threat to the public health,
I� safety or welfare or to the environment, the City may summarily and
without prior notice abate the condition. Notice of such
abatement, including the reason for it shall be given to the person
responsible for the violation as soon as reasonably possible after
�J the abatement.
�! C. Authorized Action by the City. Using any lawful
means, the City may enter upon the subject property and may remove
for correct the condition which is subject to abatement. The Cit-
imay seek such judicial process as it deems necessary to effect the
removal or correction of such condition.
II D. Recovery of Costs and Expenses. The costs, ,
including incidental expenses, of correcting the violation shall be
� billed to the person responsible for the violation and/or the
other person entitled to control , use
(, owner, lessor, tenant or
and/or occupy the property and shall become due and payable to the
City within ten calendar days. The term "incidental expenses"
includes but is not limited to personnel costs, both direct and
indirect, including attorney' s fees ; costs incurred in documenting
the violation; hauling, storage and disposal expenses ; and actual ',
expenses and costs of the City in preparing notices, specifications
and contracts, and in accomplishing and/or contracting and
�. inspecting the work; and the costs of any required printing and
mailing.
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E. Interference. Any person who knowingly obstructs,
impedes, or interferes with the City or its agents, or with the
person responsible for the violation in the performance of duties
imposed by this chapter, or a decision and order issued by the
Hearing Examiner or an agreement between the City and the person
responsible for the violation, is guilty of a misdemeanor.
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1 . 04 . 070 . Alternative Abatement Procedure. i
Any property on which violations of this chapter remain
uncorrected after issuance of a notice of violation may, in
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addition to the procedures outlined above, be abated in accordance
; with the following additional procedures pursuant to RCW 35 . 21 . 310 :
A. When requested by the applicable department director
land approved by the hearing examiner, the matter of a pending
violation may be submitted to the City Council for consideration
whenever the violation consists of debris upon property
constituting a fire hazard or a menace to public health, safety or
11welfare. In such instance, the procedures set forth in Sections
1 . 04 . 030 through 1 . 04 . 060 shall be complied with to the extent not
in conflict herein except that the decision of the hearing examiner ,
pursuant to Section 1 . 04 . 050 (D) shall be in the form of a
recommendation to the City Council . This alternate procedure may
be requested by the applicable department director at any time
liprior to the hearing before the hearing examiner and only if thej
+Ihearing examiner makes a finding that the violation constitutes a
jfire hazard or a menace to public health, safety or welfare !
requiring removal or destruction of the debris constituting the
violation. After consideration, the Council may, by resolution,
either accept, reject or modify the hearing examiner' s )
recommendation and require the property owner to abate thei
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violation by removal or destruction, at his or her cost and
expense, within a time specified in the resolution.
B. The resolution shall not be passed until the ;
property owner is given at least five (5) days notice of the
j pendency of the proposed resolution. Such notice shall be served
ii by the applicable department director pursuant to Kent City Code
1 . 04 . 040 (C) . The notice, either accompanied with or incorporated ]
into the hearing examiner' s recommendation, shall describe the
property involved, the nature of the hazardous condition, the
corrective action required, and the date of the Council meeting
during which the matter will be considered.
C. If the nuisance is not abated by the property owner
within the time fixed in the resolution, the applicable department '
director may abate the same and mail a bill to the property owner
covering the cost to the City of such abatement, including th-
applicable department director' s expense. If the property owneL
fails or refuses to pay the bill immediately, the applicable
j department director shall file a lien therefor against the
property, which lien shall be in the same form, filed with the same
officer and within the same time and manner and enforced and
foreclosed as is provided by law for liens for labor and material . '
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1 . 04 . 080. ADDITIONAL ENFORCEMENT PROCEDURES. The
not exclusive, and may be used in
provisions of this chapter are !
ii addition to other enforcement provisions authorized by the Kent
City Code except as precluded by law.
1. 04 . 090 . CONFLICTS . In the event of a conflict between ;
this chapter and any other provision of the Kent City Code or Cityj
j ordinance providing for a civil penalty, this chapter shall )
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control . Provisions of the Public Safety Code, Title 9 , do not
apply to this chapter.
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1. 04 . 100 . MEANING OF TERMS . For the purposes of this
Mjcode, whenever "civil infraction" and "civil penalty" are used in
any code, ordinance or regulation of the City, these terms shall be
deemed to have the same meaning as the terms civil violation an
monetary penalty, respectively, as used herein.
1 . 04 . 110 . SEVERABILITY . If any one or more sections,
subsections or sentences of this chapter are held to be
i, unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this chapter and the same
!! shall remain in full force and effect .
Section 2 . Effective Date. This ordinance shall take
effect and be in force thirty (30 days after its passage, approval
Nand publication.
i DAN KELLEHER, MAYOR
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ATTEST:
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!ABREND�AMCOB R, ITY CLERK
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AP FORM:
I RO A. L BOVI EY
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PASSED the �� day of � � 1993 .
( APPROVED the day of 1993 .
, PUBLISHED the a 1 day of 1993 .
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I hereby certify that this is a true and correct copy of
jOrdinance No. passed by the City Council of the City of
jKent, Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
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aGlc/ Gf �(SEAL)
BRENDA JACOB CITY CLERK
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civLvioL.ord
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KENT PLANNING COMMISSION MINUTES
May 24, 1993
The meeting of the Kent Planning Commission was called to order by
Acting Chair Heineman at 7 : 00 pm on May 24 , 1993 in the Kent City
Hall, Chambers West.
PLANNING COMMISSION MEMBERS PRESENT:
Edward Heineman, Jr. , Acting Chair
Gwen Dahle
Kenneth Dozier
Raymond Ward
PLANNING COMMISSION MEMBER ABSENT:
Christopher Grant
Albert Haylor
Kent Morrill
PLANNING STAFF MEMBERS PRESENT:
Fred Satterstrom, Planning Manager
Chris Holden, Recording Secretary
APPROVAL OF MARCH 8 , 1993 MINUTES
MOTION MADE and SECONDED to accept the March 8 , 1993 minutes as
presented. MOTION CARRIED.
ADDED COMMUNICATIONS:
Commissioner Dahle commented that the "Good Sam" club had requested
that they be able to use the rights of way on Willis Street for
overnight parking. Commissioner Dahle remarked she would be asking
the Public Works Department for an explanation.
Mr. Satterstrom informed the Commissioners that on Thursday,
May 27 , there is an all-day continuing education session for
Planning Commissioners. It will be held in Seattle at the Sheraton
Hotel from 8 : 30 to 4 : 30 pm. This program is being offered by the .
APA and Planning Commission members are encouraged to attend.
Growth Management Update
Mr. Satterstrom gave a brief report on the status of the Growth
Management program. The State has extended the timeline for doing
the City' s Comprehensive Plan to July 1, 1994 . However, the
timeline to bring the development regulations into conformance with
the Comprehensive Plan have not been extended.
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Planning Commission Minutes
May 24, 1993
ZCA 93 2 Zoning Code Amendment relating to Nonconforming
Structures Chapter 15 . 08 .
The public hearing was opened. Assistant City Attorney Tom
Brubaker presented a brief summary of the proposed -ordinance. The
ordinance will allow the Planning Director, under certain specific
conditions, to allow the re-construction of a nonconforming
structure in the event it is more than 50 percent destroyed by
fire, earthquake or other similar act of God. Mr. Brubaker
explained that developers have had problems with the ordinance as
currently written. Further, the Planning Director will have the
authority to consider the surrounding development as well as
require some modification of the re-construction to more closely
conform to the surrounding uses. In addition, the construction
must take place within one year of. the Planning Director' s
approval. This is consistent with other sections of the Code which
require re-construction of a destroyed building to be done within
one year of the event.
Fred Satterstrom explained further the Zoning Code current
requirement that if a nonconforming use was more than 50 percent
destroyed it must be rebuilt to a conforming use. This requirement
applies even if the use was grandfathered. Therefore, developers
are having trouble getting financing. Finance institutions don't
want to loan money to uses that could become nonconforming because
of possible zoning changes.
It was MOVED, SECONDED and APPROVED to close the public hearing.
It was MOVED, SECONDED and APPROVED to approve the Zoning Code
amendment.
#ZCA-93-31 ZONING CODE AMENDMENT RELATING TO THE PROCEDURE FOR
ZONING MAP AND TEXT AMENDMENTS TO THE ZONING CODE CHAPTER 15 . 09 .
The public hearing was opened. Mr. Satterstrom explained the
request for the Zoning Code amendment. This amendment would have
all area-wide Zoning Map designations to be heard by the Planning
Commission while the site specific rezone proposals will be heard
by the Hearing Examiner. Because most area-wide zoning
designations usually involve policy, thus, it is preferable to have
a policy body like the Planning Commission to hold the hearings and
make the recommendations.
It was MOVED, SECONDED and APPROVED to close the public hearing.
It was MOVED, SECONDED and APPROVED to approve the Zoning Code
amendment.
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Planning Commission Minutes
May 24 , 1993
#ZCA-93-4 ZONING CODE AMENDMENT ZONING CODE _ ENFORCEMENT
ORDINANCE. CHAPTER 15. 10.
The public hearing was opened. Assistant City Attorney Tom
Brubaker reviewed the necessity of amending the Zoning Code,
Chapter 15 . 10. He explained that Chapter 15. 10 would be amended
and a new chapter, Chapter 1. 04 would be created. This new chapter
would allow the City to enforce Code violations through civil
process rather than criminal. For example, if a person would be in
violation of the City Code, the Director of the appropriate
department would notify the person of the violation. The violator
would have the opportunity to agree, by signing a violation
agreement, to rectify the violation. If the violator did not sign
the violation agreement or correct the violation, there would be a
hearing before the Hearing Examiner where fines could be assessed
against the property and violator. The City could then correct the
violation and file a lien against the property. Furthermore, if
the violator persisted in creating the violation, there could be
criminal charges filed against him and then the matter would move
on to court. However, with the civil proceedings, which would move
faster than criminal proceedings, the violations would. be dealt
within a more timely manner.
There was discussion about the need for criminal charges. Another
matter discussed was the whether this was a revenue generating
ordinance or whether there were actually problems with violations.
It was observed that there could be unfairness to absentee
landlords in correcting a violation caused by others. It was
pointed out that the burden of correcting violations properly
belong to landowners.
It was MOVED, SECOND and APPROVED to close the public hearing.
It was MOVED and SECONDED to delete from the ordinance any language
regarding criminal charges. A general discussion followed.
Mr. Brubaker commented the proper procedure for administering the
violation ordinance would be to go through the civil procedures
first. However, if the violator still refused to correct the
violation, then, the harsher criminal procedures would be needed. ,
The criminal procedures provide an ultimatum in correcting the
violation.
MOTION FAILED for lack of a majority.
It was MOVED, SECONDED and APPROVED to approve the ordinance as
written.
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Planning Commission Minutes
May 24 , 1993
Election of Officers
This item was postponed until more members can attend.
Mr. Heineman will be acting Chairperson until elections are held.
It was MOVED, SECONDED and APPROVED to adjourn the hearing at
8 : 50 PM.
Respectfully submitted,
Jai s Harris, Secretary
apc:pcmin5.24
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Kent City Council Meeting
vYti v Date June 15 , 1993
Category Other Business
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1. SUBJECT: MUNICIPAL COURT - ORDINANCE AND IMPLEMENTATION PLAN
2 . SUMMARY STATEMENT: The Public Safety Committee has
recommended adoption of an ordinance establishing a municipal
court and approving the implementation plan. During July,
1991, the City Council authorized the establishment of a
municipal court to begin January 1, 1993 subject to its
approval of an implementation plan. The start-up date was
delayed to January 1, 1994 as a result of 1993 budget issues.
Presented for Council consideration is the proposed ordinance
and plan. Also presented is the proposed budget for the court,
which will be formally adopted during the 1994 budget process.
3 . EXHIBITS: Ordinance, proposed budget, position descriptions
and related material
4 . RECOMMENDED BY: Public Safety Committee (3-0) and
Budget Committee as to the 1993 CIP (3-0)
(Committee, Staff, Examiner, Commission, etc. )
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X
FISCAL/PERSONNEL NOTE: Recommendedd�Not Recommended
6. EXPENDITURE REQUIRED: $250, 000 ////
SOURCE OF FUNDS: Unreserved 1993 CIP
7 . CITY COUNCIL ACTION:
Councilmember ` 1 YL'Y/ moves, Councilmember C1/iJ seconds
adoption of Ordinance No:3o'5 establishing a municipal court;
approval of the 302 W. Gowe site for the court; authorization
for the Mayor to negotiate and enter into a lease with Sound
Ventures, Inc. on the terms generally outlined in their
attached proposal; approval of $250, 000 from the 1993 CIP to
remodel, equip and provide interim 1993 staffing for the court
system; authorization to proceed with remodel and implementa-
tion; and approval of the court administrator and four
administrative support positions, a9--igut3iTred- -in the -A}-yea.
DISCUSSION:
ACTION:
Council Agenda
Item No. 4E
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{ ORDINANCE NO.
I� AN ORDINANCE of the City Council of the
City of Kent, Washington, adding a new
Chapter 2 . 34 to the Kent City Code entitled
{ "Municipal Court" and thereby establishing a
Municipal Court pursuant to the Court
Improvement Act of 1984 which has exclusive
original jurisdiction over all violations of
city ordinances and such other cases as may
i be prescribed by state law; which authorizes
the appointment and removal of a judge and
judges pro tem; which provides for the
court ' s authority to impose certain sentences
{ upon individuals found guilty; which provides
ractice procedure, a
for court pleadings, p
court seal , and court transfers ; and
establishing an effective date.
r, WHEREAS, the Washington State Legislature has enacted
the Court Improvement Act of 1984 , Chapter 3 . 50 of the Revised
Code of Washington, effective July 1 , 1984 , authorizing cities
- ! with a population of four hundred thousand or less to establish a
municipal court ; and
WHEREAS , the Kent City Council finds that the I
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City of Kent is in the
11 establishment of a municipal court for the
best interests of the public health, safety and welfare of the
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citizens of Kent, Washington ; NOW, THEREFORE,
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IIi THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
j HEREBY ORDAINS AS FOLLOWS :
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Section 1. There is hereby added to the Kent City
Code a new Chapter 2 . 34 entitled "Municipal Court, " to read as
follows:
CHAPTER 2 . 34
I MUNICIPAL COURT
12 . 34 . 010 . Municipal Court Established.
Effective on January 1 , 1994 , there is established a
"Municipal Court of the City of Kent" , hereinafter referred to as
i the "Municipal Court" , which court shall have jurisdiction and
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ishall exercise all powers enumerated herein and in Chapter 3 . 50
� RCW, together with all such other powers and jurisdiction as are
generally conferred upon courts of limited jurisdiction in the
11�iState of Washington either by common law, the general law, or by
express statute. The Municipal Court shall be established as an
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office reporting to City Administation.
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2 . 34 . 020 . Court Seal .
The municipal court shall. have a seal which shall be
the vignette of George Washington, with the words "Seal of
l' Municipal Court of Kent, State of Washington" , surrounding the
vignette .
2 . 34 . 030 . Jurisdiction. i
The municipal court shall have exclusive original
t', jurisdiction over traffic infractions arising under City
ordinances and exclusive original criminal jurisdiction of all
violations of City ordinances duly adopted by the City. The
municipal court shall have original jurisdiction of all other
actions brought to enforce or recover license penalties or i
forfeitures declared or given by such ordinances or by state
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statutes . The municipal court is empowered to forfeit cash bail
or bail bonds and issue execution thereon; and in general to hear
and determine all causes, including traffic infractions, arising
under such ordinances and to pronounce judgment in accordance
therewith.
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12 . 34 . 040 . Judges - Appointment - Qualifications .
A. Within thirty (30) days after the effective date
of the ordinance creating the municipal court, a Municipal Judge
shall be appointed on either a full time or part time basis for a j
term of four (4) years beginning January 1 , 1994 which term shall j
! continue until December 31 of the fourth year thereafter.
B. Except as set forth in subsection (C) below, the
( Municipal Judge shall be appointed by the Mayor, subject to
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confirmation by the City Council . Appointments shall be made on
for before December 1 of the year next preceding the year in which
I� the term is to commence.
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C. The Municipal Judge shall be elected under the
;I following circumstances :
1 . Each full time equivalent judicial position
shall be filled by election. For purposes of this section, a
full time equivalent position .is thirty-five or more hours per
itweek of compensated time. This requirement applies regardless of
I' how many judges are employed to fill the position.
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2 . In any city with one or more full time
equivalent judicial positions , an additional judicial position or
positions that is or are in combination more than one-half of a
jfull time equivalent position shall. also be filled by election.
D. A person appointed as Municipal Judge shall be a
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citizen of the United States of America and of the State of
Washington and a resident of King County; and an attorney
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admitted to practice law before the courts of record of the State
of Washington.
2 . 34 . 050 . Salaries - Costs.
The salary of the Municipal Judge shall be fixed by
, ordinance upon adoption of the City ' s annual budget. If serving
Ion a part time basis, he or she shall be compensated hourly. All
costs of operation of the Municipal Court, including but not
limited to salaries of judges and court employees, dockets, books
of records, forms, furnishings and supplies shall be paid wholly
I� out of the funds of the City. Jurors shall be paid a fee of
hfifteen dollars ($15 . 00) per day and mileage allowance pursuant
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to RCW 43 . 03 . 060 . The City shall provide a suitable place for
ilholding court and pay all expenses of maintaining it.
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2 . 34 . 060 . Vacancy - Removal of Judge.
I! A Municipal Judge shall be removed only upon conviction
h of misconduct or malfeasance in office, or because of physical or
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lmental disability rendering the judge incapable of performing the
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duties of the office. Any vacancy in the Municipal Court due to
death, disability, removal or resignation of the Municipal Judge
shall be filled by the Mayor, subject to confirmation by the City .
Council , for the remainder of the unexpired term. The appointed
I judge shall be qualified to hold the position of judge of the
Municipal Court as provided in this chapter.
�I 2 . 34 . 070 . Municipal Court Employees.
!� All employees of the Municipal Court shall be deemed
employees of the City. They shall be appointed by City
Administration ; provided, that all applicable personnel practices
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itand procedures with respect to hiring and termination shall be
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followed. The appointment to the position of Court Administrator •
I shall be subject to council confirmation.
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1. 2 . 34 . 080. Judges Pro Tem - Court Commissioners.
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A. The Municipal Judge shall , in writing, appoint
i judges pro tem who shall act in the absence or disability of the
regular judge of the Municipal Court or subsequent to the filing
of an affidavit of prejudice. The judge pro tem shall be
qualified to hold the position of judge of the Municipal Court as
provided herein. The judge pro tem shall receive such
compensation as is received, on an hourly basis, by the Municipal
Judge, or as otherwise fixed by resolution or ordinance. The
term of the appointment shall be specified in writing but in any
event shall not extend beyond the term of the appointing
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Municipal Judge.
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B. The Municipal Judge may appoint one or more
municipal court commissioners, who shall hold office during the
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pleasure of the Municipal Judge. Each municipal court
commissioner shall have such power, authority and jurisdiction in
civil and criminal matters as the Municipal Judge shall prescribe
!' by court order.
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Ii 2 . 34 . 090 . Municipal Court Hours.
The Municipal Court shall be open during all regular
business days and hours as the other offices of the City shall be :
j open, but the dates and times of open court shall be set by the
Municipal Judge; provided, that the sessions of the open court
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shall not be on non-judicial days .
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� 2 . 34 . 100 . Revenue Deposits.
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All fees, costs, fines, forfeitures and other monies
! imposed or collected by the Municipal Court for the violation of
any City ordinance, together with any other revenue received by
!! the Municipal Court, shall be deposited with the City Treasurer
as part of the general fund of the City.
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I2 . 34 . 110. Rules of Pleading , Practice and Procedure.
The rules of pleading, practice and procedure before
the Municipal Court shall be in accordance with the Rules for
Courts of Limited Jurisdiction, as published by the Washington
Supreme Court, as currently in effect, as may be subsequently
amended.
2 . 34 . 120. Use of Credit Cards.
The Municipal Court may permit the use of credit cards
for purposes of billing and collecting unpaid penalties, fines,
costs, assessments, and forfeitures imposed. The Municipal Court
may enter into agreements with one or more financial institutions
for the purpose of such collections. The said agreements may
specify conditions, remuneration for services, and other charges
deemed appropriate, upon confirmation by the City Council.
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2 . 34 . 130. Use of Collections Agencies and Attorneys.
A. The Municipal Court may use collection agencies as ,
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defined in Chapter 19 . 16 RCW for purposes of collecting unpaid
penalties on infractions, criminal fines, costs, assessments,
1;; civil judgements, or forfeitures that have been imposed by the
Court. The Municipal Court may enter into agreements, with the
confirmation of the City Council , with one or more attorneys or
'i collection agencies for collection of outstanding penalties,
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j� fines, costs, assessments, and forfeitures . These agreements may
specify the scope of work, remuneration for services, and other
charges deemed appropriate.
B. Servicing of delinquencies by .collection agencies
or by collecting attorneys in which the Municipal Court retains
control of its delinquencies shall not constitute assignment of
debt.
C. The term "debt" shall include penalties, fines,
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{I costs, assessments, or forfeitures imposed by the Municipal
!fl Court.
D. The Municipal Court may assess , as court costs ,
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the monies paid for remuneration for services or charges paid to
collecting attorneys, to collection agencies, or, in the case of
i credit cards, to financial institutions .
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2 . 34 . 140 . Sentences .
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A. In all cases of conviction, unless otherwise
Ij provided in chapters 3 . 30 through 3 . 74 RCW as now or hereafter
amended, where a jail sentence is given to the defendant,
execution shall issue accordingly ; and where the judgment of the
f�l court is that the defendant pay a fine and costs, the defendant
I may be committed to jail until the judgment is paid in full .
,I B. A defendant who has, been committed shall be
Ii discharged upon the payment for such part of the fine and costs
! as remains unpaid after deducting from the whole amount any
previous payment, and after deducting from the whole amount any
II previous payment, and after deducting the amount allowed for each )
11 day of imprisonment, which amount shall be the same and computed
ded for superior court cases in RCW
in the same manner as provi
10 . 82 . 030 and 10 . 82 . 040 , as now or hereafter amended. In
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addition, all other proceedings in respect of such fine and costs
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II C. Every person convicted by the municipal of a
( violation of the criminal provisions of an ordinance for which no ,
jpunishment is specifically prescribed in the ordinance shall be
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punished by a fine of not more than five thousand dollars
($5, 000. 00) or imprisonment in the city jail of a period not to
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exceed one (1) year, or both such fine and imprisonment. I
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2 . 34 . 150 . Deferral and Suspension of Sentences.
Unless otherwise provided by state law, the municipal
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court shall have the following sentencing authority;
A. After a conviction, the court may defer sentencing !
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and place the defendant on probation and prescribe the conditions :,
it thereof, but in no case shall it extend for more than two (2)
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years from the date of conviction . During the time of the
is deferral , the court may, for good cause shown, permit a defendant !
to withdraw the plea of guilty, permit the defendant to enter a
plea of not guilty, and dismiss the charges .
I! B. For a period not to exceed two (2 ) years after
imposition of sentence, the municipal court shall have continuing ,
II jurisdiction and authority to suspend the execution of all or any ,
it part of the sentence upon stated terms, including installment
payment of fines .
C. Deferral of sentence and suspension of execution
�I of sentence may be revoked if the defendant violates or fails to
carry out any of the conditions of the deferral or suspension.
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I� 2 . 34 . 160 . Criminal Process .
All criminal process issued by the Municipal Court
shall be in the name of the State of Washington and run
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throughout the State, and be directed to and served by the chief
of police, marshal , or other police officer of any city or to a
( sheriff in the State.
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Section 2 . The enactment of this ordinance shall
not affect any case, proceeding , appeal or other matter
currently pending in the Aukeen District Court, King County, or
in any way modify any right or liability, civil or criminal ,
which may be in existence on the effective date of this
ordinance .
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1 Section 3 . If any section, sentence, clause or
phrase of this ordinance 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 ordinance.
Section 4 . This ordinance shall take effect and be
in force thirty (30) days from the time of its final approval and ;
�f passage as provided by law.
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I� DAN KELLEHER, MAYOR
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ATTEST:
BRENDA JACOBER, CITY CLERK
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�IAPPROVED AS TO FORM:
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� ROGER A. LUBOVICH, CITY ATTORNEY '
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day 1993 . j
j PASSED y of —
day of 1993 .
APPROVED -- -—
I� 1993 .
PUBLISHED
day of 1
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I hereb certify that thi-s is a true and correct copy of
y passed by the City Council of the
Ordinance No.
City of Kent, Washington, and approved by the Mayor of the City
of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERk
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MUNICRT.ORD
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KENT MUNICIPAL COURT BUDGET
PROPOSED FISCAL YEAR 1994 BUDGET
Building 54,735
Rent ($11. 25/sq foot/yr) 48 , 375
Taxes 6, 020
Insurance (Bldg) 340
Suppl g & others 15,000
(includes books, forms, computer services, clerical,
postage, telephone, photocopy, printing, travel, training,
liability insurance, equipment maintenance)
Utilities 51875
Electricity 3 , 025
Gas 2 , 000
Water 850
Maintenance ' ,�/9,940
HVAC 1, 500
Parking Lot 625
Windows 400
Landscaping 600
Janitorial 6815
Minor Repairs 0
Salaries & Benefits 218, 664
Judge (pro tem - $55 . 00 hr x 1200 hrs) 66, 000
Court Administrator (1) 49 , 787
1 102 , 877
C . TriaSCtU Level 20
1 Probation & Front Desk Clerk, Level 20
1 Office Technician, Level 16
MUNICIPAL COURT BUDGET 4017S74/304 ,264
Other Budget Items Impacted
- Traffic Violations Bureau Clerk (Front Desk Clerk, Level 18)
35 , 000
(Position transferred from Finance Budget)
- Witness & Juror Fees
20 , 000
(Fees transferred from City Attorney Budget)
- Police overtime for court, 1992 78 , 045
Sound Ventures Inc.
Off,V:c3:l;or.'a
FXX(20fi)85f,-:fl-ro
June 9, 1993
Mr. Roger Lubovich
City Attorney
City of Kent
220 South Fourth Avenue
Kent, WA 98032
RE: 302 West Gowe
Dear Roger:
On behalf of Kent Centennial Limited Partnership, we are pleased to make the following
preliminary proposal for the Kent Municipal Court facility in the single story building east of
Centennial Center. The following will outline the specifics of the proposal:
BUILDINQ AREA
Total Bui;ding 4,320 sf
RENTALS HEDULE
n Rent
1 - 3 $0.00
4 - 12 $4,050/mo NNN ($11�25/sf/yr)
13 - 60 Previous years rate, 42(1].�j 75% of CPI increase, each year
The net rental rates exclude operating expenses which are estimated to be $5.Msf per
year for the first year of the lease term. Operating expenses will be paid.by the tenant in
accordance with the Landlord's Triple Net (NNN) Lease Form. Operating expenses
include water, sewer, taxes, insurance, po`ver, gas, trash collection, property
management, janitorial services, maintenance and repairs of tenant's premises and
building common areas. Expenses will be adjusted each calendar year on actual costs.
00ClJ PANCY
The building will be available to begin tenant improvements by September 01, 1993.
L EASE COMMaNCEMENT
November01, 1993
TENANTIMPROVEMENTS
The proposal is based on approved tenant improvement work being completed by
Landlord at tenant's expense.
PARKING
Landlord will provide use of the thirty (30) parking stalls, free of change, the initial lease
term.
CONDITIONS OP THE AGREEMENT
This proposal is subject to: -
1. Mutually approved plans and specifications prior to July 20, 1993;
2. Kent City Council's approval of the transaction prior to June 18, 1993;
3. Lease in the form to be provided by Landlord shall be fully executed
prior to July 20, 1993; and,
4. The Landlord's lender giving final approval of the transaction.
Please return a signed copy of this proposal letter prior to noon, June 18, 1993, at which
time the offer shall expire.
The signed copy shall be a non-binding agreement and shall act as a Letter of Intent and
authorization for Landlord to prepare the appropriate design drawings and Lease
documents. If you have any questions, feel free to call me at (206) 223-9500.
Sincerely,
SOUND VENTURES DEVELOPMENT �COMPANY
/ � 42��1�1✓'
Step anie Klappenbach
President
Approves! and Accepted: CITY OF KENT
By—
Its
Date
c: Anson Brooks, Cushman & Wakefield
Dave Magee, Cushman & Wakefield
. Sound Ventures Inc.
aUo Ws;t t;r.,
(2pri)� S'_i500
MEMQRANDUM
TO: Roger Lubovich, City of Kent - City Attorney
FROM: Doug Klappenbach, Sound Ventures
DATE: June 09, 1993
VIA: Facsimile
RE: Kent Municipal Court
Roger, the following is a proposed schedule for the tenant improvement work for the
building at 302 West Gowe:
DesQHplion _ T_ TimP Date (1993)
1. Transaction approval June 16
2. Complete lease documents 30 days July 16
3. Complete design work for Building Permits 30 days July 16
4. Submit for permits July 16
5. Complete bid packages 15 days August 01
6. Obtain bids 30 days September 01
7. Award and Contract 15 days September 15
8. Obtain Building Permits 45 days September 15
9. Complete construction 90 days October 15
10. Fixture and move-in 15 days November 01
I
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COURT ADMINISTRATOR
POSITION - Level 36
BASIC FUNCTION
Under the direction of the Mayor or his/her designee and
subject to the authority vested in the Municipal Court Judge,
plan, organize, and manage the day-to-day operations of the
Municipal Court; including responsibility for budgeting,
accounting, personnel, records, case flow, data processing, court
liaison with outside agencies and implementation of court
policies and procedures.
REPRESENTATIVE DUTIES
- Plans, organizes and directs the clerical and administrative
functions of the Municipal Court.
- Responsible for overall management functions relating
to case flow, records required by various agencies, and
for implementing organizational changes.
- Establish court hours and coordinate judge ' s hours .
- Implements court policies, procedures, rules and court
forms. Updates and maintains court policy and
procedure manuals.
- Serves as liaison to outside agencies and to public on
policy matters and court related activities .
- Responsible for the accounting of all funds received
and disbursed by the court, as required by statute.
- Supervise and evaluate the performance of assigned
staff; select, discipline, re-assign and terminate
subordinate employees as needed.
- Direct the preparation and maintenance of records and
reports related to court cases, budgets, and personnel.
- Prepare and administer the budget for the Municipal
Court; authorize budget expenditures as appropriate.
- Coordinate and arrange for pro tem judges as required.
- Develop and supervise summoning and qualification of
jurors in an efficient and cost effective manner.
- Plan and recommend physical space needs ; purchase and
arrange equipment and supplies .
- Perform other duties as required, including those of
the court clerks .
KNOWLEDGE AND ABILITIES REQUIRED
KNOWLEDGE OF•
Court administration methods
- Municipal court practices, procedures, jurisdiction and
legal and procedural regulations pertaining to bails,
fines, processes and warrants.
- Budget preparation and management.
- State laws and City ordinances.
- Data processing technology and application to
departmental functions.
- Records management and modern office methods and
practices.
- Oral and written communication skills.
- Principles and practices of administration, supervision
and training.
- City organization, operations, policies and procedures.
ABILITY TO•
- Direct, instruct and supervise personnel performing
clerical court work.
- Plan, develop, organize, maintain and supervise court
records.
- Create and establish financial records and statistical
data.
- Develop, administer and implement the policies,
procedures and rules established by the Municipal
Court.
Control the financial accounting of Municipal Court
monies and funds .
- Prepare, administer and control departmental budgets
and expenditures .
- Communicate effectively both orally and in writing.
- Read, interpret, apply and explain codes, rules,
regulations, policies and procedures .
- Establish and maintain cooperative and effective
working relationships with others.
- Analyze situations accurately and adopt an effective
course of action.
- Supervise and evaluate the performance of assigned
personnel .
EDUCATION AND EXPERIENCE
A four year college degree in business administration,
public administration, or related field and three years
experience in the management of a Municipal Court operation or
equivalent.
TRIAL COURT SPECIALIST
POSITION - Office Technician III , Level 20
BASIC FUNCTION
Under the direction of the Court Administrator the incumbent
is responsible for performing a variety of technical record
keeping and clerical duties in support of the Municipal Court;
prepare and process forms, orders and documentation and provide
court related information to the public.
REPRESENTATIVE DUTIES
- Prepares court calendars, prepares case files for court
sessions and insures appropriate documentation is in
file.
- Set cases for various types of hearings including
arraignment, pretrial , trial , review, mitigation,
contested, show cause and motions.
- Receive payment of court fines , bail , penalty
assessments and fees; records and receipts payment
according to established court procedures.
Arranges for time payments for fines, monitors payments
and takes appropriate action for delinquent payments in
accordance with court policy.
Insures readiness for court proceedings and opens
court; staffs the courtroom during sessions, records
all proceedings, maintains recording logs, marks
exhibits, and processes orders of the court; perform
bailiff duties during jury trials ; direct and
accommodate jurors.
Assists in the scheduling and coordinating of jury
trials, summoning jurors and notifying litigants.
- Keeps accurate and complete records; makes required
docket entries, prepares for issuance of orders of
commitment and release, warrants, subpoenas, summonses
and other legal documents as ordered by the court.
Tracks prisoners in custody awaiting arraignment,
pretrial , trial or review; maintains jail commitments
and follow-up proceedings.
Responds to telephone and counter inquiries, sorts and
routes documents and may initiate correspondence
responding to court related inquiry or requested
information.
Tracks cases with continued, suspended or deferred
status; obtain record checks, review compliance and
non-compliance reports, and send notices.
Processes commitments, releases and referrals; contacts
appropriate agencies (probation, mental health centers,
alcohol treatment centers etc. )
Maintains warrant control ; issue, recall , process and
purge warrants ; maintain failure to appear control ;
order, issue, adjudicate and purge -as appropriate.
Operate a computer terminal in entering, updating and
retrieving and processing computer data .
- Maintains and compiles statistical data and prepares
all mandated and requested reports .
- Performs other duties as may be assigned.
KNOWLEDGE AND ABILITIES REQUIRED
-sue
KNOWLEDGE OF•
- Courtroom policies, procedures and practices.
- Legal forms, documents and terminology.
- County and State agencies and offices involved in court
related activities.
- Skill in operation of standard office machines and
equipment including computer terminal .
- Record-keeping techniques.
- Correct English usage, grammar, spelling, punctuation
and vocabulary.
ABILITY TO:
- Attend assigned court proceedings and document
proceedings with absolute accuracy.
- Process a wide variety of legal forms and documents in
compliance with established procedures, mandated
timeliness and judicial discretion.
- Work effectively with defendants and the public and
provide information regarding court cases and
procedures.
- Interact with emotionally distraught, irate and
combative individuals.
- Communicate effectively both orally and in writing.
- Read, interpret, apply and explain rules , regulations,
policies and procedures .
- Maintain records and prepare reports.
Establish and maintain cooperative and effective
working relationships with others.
- Perform basic arithmetic computations with speed and
accuracy.
EDUCATION AND EXPERIENCE
- Must possess high school diploma or GED certificate.
_ Must have a minimum of three years experience as a
district or municipal court clerk, or traffic
violations bureau clerk or equivalent .
PROBATION SPECIALIST
POSITION - Office Technician III, Level 20
BASIC FUNCTION
Under the direction of the Court Administrator the incumbent
is responsible for performing a variety of technical record
keeping and clerical duties in support of the Municipal Court;
prepare and process forms, orders and documentation and provide
court related information to the public .
REPRESENTATIVE DUTIES
- Tracks cases with continued, suspended or deferred
status ; obtain record checks, review compliance and
non-compliance reports, and send notices.
- Processes commitments, releases and referrals; contacts
appropriate agencies (probation, mental health centers,
alcohol treatment centers etc . )
- Maintains warrant control ; issue, recall, process and
purge warrants ; maintain failure to appear control ;
order, issue, adjudicate and purge as appropriate.
- Prepares court calendars, prepares case files for court
sessions and insures appropriate documentation is in
file.
- Set cases for various types of hearings including
arraignment, pretrial , trial , review, mitigation,
contested, show cause and motions.
- Receive payment of court fines , bail , penalty
assessments and fees; records and receipts payment
according to established court procedures .
- Arranges for time payments for fines, monitors payments
and takes appropriate action for delinquent payments in
accordance with court policy.
- Insures readiness for court proceedings and opens
court; staffs the courtroom during sessions, records
all proceedings, maintains recording logs , marks
exhibits, and processes orders of the court; perform
bailiff duties during jury trials ; direct and
accommodate jurors.
Assists in the scheduling and coordinating of jury
trials, summoning jurors and notifying litigants .
Keeps accurate and complete records; makes required
docket entries, prepares for issuance of orders of
commitment and release, warrants, subpoenas, summonses
and other legal documents as ordered by the court.
Tracks prisoners in custody awaiting arraignment,
pretrial , trial or review; maintains jail commitments
and follow-up proceedings.
Responds to telephone and counter inquiries, sorts and
routes documents and may initiate correspondence
responding to court related inquiry or requested
information.
Operate a computer terminal in entering, updating and
retrieving and processing computer data.
Maintains and compiles statistical data and prepares
all mandated and requested reports.
Performs other duties as may be assigned.
KNOWLEDGE AND ABILITIES REQUIRED
KNOWLEDGE OF:
- Courtroom policies, procedures and practices.
- Legal forms, documents and terminology.
- County and State agencies and offices involved in court
related activities .
- Skill in operation of standard office machines and
equipment including computer terminal .
- Record-keeping techniques .
- Correct English usage, grammar, spelling, punctuation
and vocabulary.
ABILITY TO:
- Attend assigned court proceedings and document
proceedings with absolute accuracy.
- Process a wide variety of legal forms and documents in
compliance with established procedures, mandated
timeliness and judicial discretion.
- Work effectively with defendants and the public and
provide information regarding court cases and
procedures.
Interact with emotionally distraught, irate and
combative individuals .
- Communicate effectively both orally and in writing.
- Read, interpret, apply and explain rules, regulations,
policies and procedures.
Maintain records and prepare reports .
Establish and maintain cooperative and effective
working relationships with others .
Perform basic arithmetic computations with speed and
accuracy.
EDUCATION AND EXPERIENCE
Must possess high school diploma or GED certificate.
_ Must have a minimum of three years experience as a
district or municipal court clerk, or traffic
violations bureau clerk or equivalent.
PUBLIC SERVICE REPRESENTATIVE
POSITION - Level 18
BASIC FUNCTION
Under the direction of the Court Administrator the incumbent
is responsible for performing specialized and varied clerical and
public contact work in support of the Municipal Court; receipt of
monies, public contact work over the counter or telephone,
process and maintain court records, files and other legal
documents.
REPRESENTATIVE DUTIES
- Receives, logs and indexes incoming filings, citations,
and complaints .
- Responds to counter and telephone inquiries.
- Receipts bail monies, fines and penalties according to
established court procedures .
- Performs primary filing of all papers, dockets, index
cases, case files and case related correspondence.
- Constructs new files and retrieves documents as
necessary.
- Operates computer terminal in entering, updating,
retrieving and processing computer data.
- Processes and forwards traffic infraction dispositions
to the Department of Licensing.
- Processes notices to defendants of arraignment and
hearing dates.
- May perform other clerical duties as my be assigned.
KNOWLEDGE AND ABILITIES REQUIRED
KNOWLEDGE OF:
- General office practices and procedures.
- Legal forms, documents and terminology.
- Skill in operating standard office machines and
equipment including computer terminal .
- Record-keeping techniques.
- Correct English usage, grammar, spelling, punctuation
and vocabulary.
ABILITY TO:
- Process a wide variety of legal forms and documents.
- Communicate effectively both orally and in writing.
- Interact with emotionally distraught, irate and
combative individuals .
- Establish and maintain cooperative and effective
Establish and maintain cooperative and effective
working relationships with others.
Maintain records and prepare reports.
Perform basic arithmetic computations and data entry
functions with speed and accuracy.
EDUCATION AND EXPERIENCE
Must possess high school diploma or GED certificate.
- Must have a minimum of two years experience as a
district or municipal court clerk, or traffic
violations bureau clerk or equivalent.
ADMINISTRATIVE SUPPORT SPECIALIST
POSITION - Office Technician II/Data Entry, Level 16
BASIC FUNCTION
Under the direction of the Court Administrator the incumbent
is responsible for performing specialized and varied clerical and
public contact work in support of the Municipal Court; receipt of
monies, public contact work over the counter or telephone, data
entry, filing, and maintenance of court records.
REPRESENTATIVE DUTIES
- Performs primary filing of all papers, dockets, index
cases, case files and case related correspondence.
- Constructs new files and retrieves documents as
necessary.
terminal in entering, updating,
Operates computer
retrieving and processing computer data.
- Receives , logs and indexes incoming filings, citations,
and complaints.
- Responds to counter and telephone inquiries .
- Receipts bail monies, fines and penalties according to
established court procedures.
- May perform other clerical duties as my be assigned.
KNOWLEDGE AND ABILITIES REQUIRED
KNOWLEDGE . OF:
- General office practices and procedures.
- Legal forms , documents and terminology.
- Skill in operating standard office machines and
equipment including computer terminal .
- Record-keeping techniques .
- Correct English usage, grammar, spelling, punctuation
and vocabulary.
ABILITY TO:
- Process a wide variety of legal forms and documents.
- Communicate effectively both orally and in writing.
- Interact with emotionally distraught, irate and
combative individuals.
- Establish and maintain cooperative and effective
working relationships with others .
- Maintain records and prepare reports .
- Perform basic arithmetic computations and data entry
functions with speed and accuracy.
EDUCATION AND EXPERIENCE
Must possess high school diploma or GED certificate.
- Must have a minimum of two years office experience
preferably in a legal or law enforcement related
environment or equivalent.
CITY OF Yt
CITY OF KENT
PLANNING DEPARTMENT
(206) 859-3390
MEMORANDUM
June 10, 1993
TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS
FROM: LIN BALL, HUMAN SERVICES MANAGER
SUBJECT: 1994-1996 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
INTERLOCAL COOPERATION AGREEMENT (ICA)
Note:
The Planning Committee is considering this item at its June 15
meeting. since this is a time sensitive item, it is necessary to
take it directly forward from the Committee to the full City
Council on June 15 . The agreement must be signed by our Mayor and
returned to the County before June 25, 1993 . With the Planning
Committee now only meeting once a month it was not possible to take
this item to the Committee any earlier.
At the advice of the Council President and Planning Committee
Chair, staff did a phone poll of the Planning Committee members.
Members have given tentative approval over the phone and plan to
take formal action at their June 15 meeting. It should also be
noted that the Planning Committee reviewed a draft of this ICA at
its April 6, 1993 meeting. The final ICA is the same as the draft,
with no new changes.
since this item is coming directly from Committee to the full
Council on June 15, it will be placed as an added item on the
Council agenda that night.
Background
It is necessary for the City to enter into the new Community
Development Block Grant (CDBG) Interlocal Cooperation Agreement for ,
the years 1994-1996 .
The agreement governs the City' s participation in the Community
Development Block Grant Consortium, the vehicle by which Kent
obtains its federal Block Grant funds. Our Mayor must sign this
agreement in order for the City of Kent to participate as a partner
in the King County CDBG Consortium, and to be eligible to receive
Federal Community Development Block Grant funds for the period
1994-1996 .
CDBG ICA
June 10, 1993
Page 2
It is necessary to adopt a new Consortium ICA every three years.
The current ICA is due to expire at the end of 1993 .
The new ICA includes a number of changes from the current 1991-1993
agreement. Staff has spent considerable time working with the
County and other Consortium member cities on this new ICA and
negotiating wording that it feels is most beneficial to the City.
We are confident that the new ICA establishes a much better and
more equitable process for fund distribution and involvement of all
Consortium members.
The major changes in the new ICA include the following:
1. Creation of a new GMA public services setaside_ fund
In prior years there was a special one-time-only public
services fund to which the City contributed a portion of its
CDBG dollars. In the new ICA this fund is replaced with a new
funding pot which will fund public service activities in
support of Affordable Housing requirements under
implementation of the state Growth Management Act. This will
assist the City in meeting a portion of its GMA affordable
housing requirements, thus lessening the impact on the general
fund.
2 . Change in Pass-through City Qualification
The amount of money a city is eligible to receive in order to
qualify for a direct pass-through of funds has been increased
from $25, 000 to $50, 000. This change doesn't impact the City
of Kent since we consistently receive in excess of $200, 000 .
The ICA defines the responsibilities of a city in order to
receive a direct pass-through. In order to receive its pass-
through dollars, the City of Kent must agree to comply with
these responsibilities. Cities which are not able to meet the
requirements will have their pass-through status revoked.
These conditions are listed as "staff" responsibilities. The
requirements listed are in the current ICA, and our staff has
always complied with the requirements, so this does not have
an impact on the City of Kent. It does underline the
importance of staff support to the CDBG program, because
without it we jeopardize Kent' s receipt of these funds. The
new wording merely puts some "teeth" to the ICA for those
cities who have been lax in complying. In the future these
cities will have to give staff support to meet the
requirements, or they will lose their pass-through status.
CDBG ICA
June 10, 1993
Page 3
3 . Distribution of Administrative and Public Service Funds
The current ICA bases the amount of administrative funds and
public service funds on a percentage of the City' s entitlement
share. The new ICA bases the amount on the City's proportion
of low- and moderate-income persons. This change is a much
more equitable process and will benefit the City of Kent
because of our large percentage of low- and moderate-income
residents.
4 . Local Policies/Local Comprehensive Plan Consistency
The new ICA requires that Consortium cities ' CDBG Local
Program Policies be consistent with their local comprehensive
plans being developed under the Growth Management Act. We
already meet this requirement, as our current CDBG Local
Program Policies state (under both the program purpose and
evaluation criteria) that our CDBG Programs will address the
policies outlined in Kent ' s Comprehensive Plan.
5 . Non-Violent Civil Rights Demonstrations
A new requirement by HUD is that each city has to certify that
it is enforcing local policies which prohibit the use of
excessive force by law enforcement agencies against
individuals engaged in non-violent civil rights
demonstrations; and that we enforce applicable state and local
laws against physically barring entrance to or exit from a
facility or location which is the subject of non-violent civil
rights demonstrations within jurisdictions .
Staff has been working with the City Attorney' s office and has
been assured that the City can comply with this certification
since we do comply with the state laws and our Police
Department has policies which address this.
The Planning Committee reviewed the draft ICA with the above noted
changes at its April 6 , 1993 meeting, and did not have any concerns
or changes to the draft. The final ICA which has been signed by
the King County Executive is the same as the draft, with no new
changes. It is expected that the Planning Committee will approve
the final Agreement at its June 15 meeting.
Recommended Action
Approval of the 1994-1996 Community Development Block Grant
Interlocal Cooperation Agreement, and authorization for the Mayor
to sign this Agreement and forward it to King County.
LB/mp: a: #1 CDBGICA. CC
cc: James P. Harris, Planning Director
AGREEMENT FOR PLANNING THE DISTRIBUTION AND ADMINISTRATION OF CERTAIN COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS AND EXECUTION OF THE KING COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM UNDER THE FEDERAL HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974, AS AMENDED.
THIS AGREEMENT, made this day of 1993
by and between King County and the-undersigned incorporated municipal jurisdic-
tion within King County.
WITNESSETH:
WHEREAS, the federal government through adoption and administration of
the Housing and Community Development Act of 1974, as amended, hereinafter
referred to as the Act, will make Community Development Block Grant, here-
inafter referred to as CDBG, funds available to the County of King, hereinafter
referred to as King County, for expenditure during the 1994-1996 funding years;
and
WHEREAS, the area encompassed by the county, exclusive of the cities of
Auburn, Bellevue, Federal Way, and Seattle, has been designated by the United
States Department of Housing and Urban Development, hereinafter referred to as
HUD, as an urban county for the purpose of receiving CDBG funds; and
WHEREAS, the Act directs HUD to distribute to the urban county the annual
appropriation of CDBG funds based on the population characteristics of the
urban county: and
WHEREAS, the Act allows joint participation of units of general govern-
ment within an urban county, and a distribution of CDBG funds to such govern-
mental units; and
WHEREAS, the CDBG Regulations require the acceptance of both the Compre-
hensive Housing Affordability Strategy and the annual Community Development
Plan by participating jurisdictions; and
WHEREAS, King County will undertake CDBG funded activities in partici-
pating incorporated jurisdictions as specified in the annual Community Develop-
ment Plan hereinafter referred to as the King County CDBG Consortium Policy
Plan and the Comprehensive Housing Affordability Strategy by granting funds to
those jurisdictions to carry out such activities, and by undertaking such
activities directly as are authorized by amendment to this Agreement; and
WHEREAS, King County as the applicant is responsible to the federal
government for all activities undertaken with CDBG funds and will ensure that
all CDBG assurances and certifications King County is required to submit to HUD
with the annual Final Statement will be met; and
WHEREAS, King County and the participating jurisdictions are committed to
targeting CDBG funds to ensure benefit to low- and moderate-income persons as
defined by HUD; and
WHEREAS, King County and its consortium members recognize that the needs
of low- and moderate-income persons may cross jurisdictional boundaries and can
therefore be considered regional needs; and
WHEREAS, the Comprehensive Housing Affordability Strategy and the King
County CDBG Consortium Policy Plan must be revised annually by King County and
participating jurisdictions and submitted to HUD as part of an annual Final
Statement, required to receive CDBG funds; and
WHEREAS, the purpose of this Cooperation Agreement, which is entered into
pursuant to and in accordance with the State Interlocal Cooperation Act, RCW
Chap. 39.34, is to form an urban county consortium, hereinafter referred to as
the Consortium, for planning the distribution and administration of CDBG and
other federal funds received on behalf of the Consortium from HUD, and for
execution of activities in accordance with and under authority of the Housing
and Community Development Act of 1974, as amended;
1
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN
CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS AGREED THAT:
I. GENERAL AGREEMENT
King County and each participating jurisdiction agree to cooperate to
undertake, or assist in undertaking, community renewal and lower income
housing assistance activities, specifically urban renewal and publicly
assisted housing, as specified in the King County CDBG Consortium Policy
Plan and Comprehensive Housing Affordability Strategy, funded from annual
Community Development Block Grants from federal Fiscal Years 1994, 1995,
and 1996 appropriations, from recaptured funds allocated in those years,
and from any program income generated from the expenditure of such funds.
II. GENERAL DISTRIBUTION OF FUNDS
The distribution within the County, exclusive of the Cities of Auburn,
Bellevue, Federal Way, and Seattle, of CDBG Entitlement Funds under
Title I of the Act shall be governed by the following provisions:
A. The amount needed for administration of the Consortium's CDBG and
other federal programs which benefit the Consortium, less County
charges for overhead, shall be reserved by the County. This amount,
hereinafter referred to as the administrative setaside, is contingent
upon review by the Joint Policy Committee, hereinafter referred to as
the Committee, as provided in VIII(B)(1) , and approval by the King
County Council , as provided by XI(A) and XI(B) .
B. In addition, each year $300,000 will be subtracted from the entitle-
ment and reserved for public service activities in support of the
Affordable Housing requirements under the implementation of the state
Growth Management Act (RCW 36.70A) This public service setaside
will be administered by the county with input from a working group of
city and county staff. This working group will develop policies,
define priorities, conduct an RFP process, and review proposals. The
Joint Policy Committee will review all policies, recommend priori-
ties, and make funding recommendations to the King County Council .
C. Of the grant amount remaining after II(A) and II(B), hereinafter
referred to as the adjusted grant amount, any city which is a partic-
ipant in this Agreement may elect to receive a direct share, here-
inafter referred to as a pass-through, given that:
1. This share of the adjusted grant amount is based upon the city's
share of the Consortium's low- and moderate-income persons, as
defined by HUD; and
2. This share equals $50,000 or more; and
3. The participating city agrees to abide by Consortium requirements
to receive a direct pass-through of CDBG funds or their ability to
receive a direct entitlement share will be revoked. The responsi-
bilities of these pass-through jurisdictions are defined under
X. RESPONSIBILITIES AND POWERS OF JURISDICTIONS. Participating
cities may elect not to receive a direct pass-through but may
compete for County and Small Cities Funds.
D. The funds remaining in the adjusted grant amount after II(C) shall be
referred to as the County and Small Cities Fund, and shall be allo-
cated on a competitive basis to projects serving the cities not qual-
ifying to receive or not electing to receive a pass-through and
serving the unincorporated areas (County).
E. If the monies assigned to a project during the period of this Agree-
ment exceed the actual cost, or if the project is later reduced or
cancelled, then the excess monies, hereinafter referred to as recap-
tured funds, will be redistributed as follows:
2
1. Administrative setaside funds, as defined in II(A) and public
service setaside as defined in II(B), which are recaptured shall
return to the Consortium and be distributed to the Pass-through
Cities and County and Small Cities Funds according to their share
of the Consortium's low- and moderate-income persons, as defined
by HUD.
2. Funds recaptured from a project funded through a city's pass-
through, as defined in II(E), shall return to the city's pass-
through fund, unless the city no longer qualifies for a pass-
through as provided in. II(C) (3), in which case the funds return
to the County and Small Cities Fund.
3. Funds recaptured from a project funded through the County and
Small Cities Fund, as defined in II(D), shall return to the County
and Small Cities Fund.
F. Unallocated or recaptured funds from 1987 and prior years (e.g. ,
unallocated or recaptured "Population," "Needs," or "Joint" funds)
shall return to the Consortium and be distributed to the Pass-through
Cities and the County and Small Cities Funds according to their share
of the Consortium's low- and moderate-income persons, as defined by
HUD.
G. Funds received by a jurisdiction or CDBG subrecipient generated from
the use of CDBG funds, hereinafter referred to as program income,
shall return to the fund which generated the program income as
follows, unless exception is specifically recommended by the Joint
Policy Committee and approved by the King County Council :
1. Program income generated through the interim finance ("CD float")
loan, which uses all or a portion of the Consortium's total avail-
able CDBG funds, shall return to the Consortium and be distributed
to the Pass-through Cities and County and Small Cities Funds
according to their share of the Consortium's low- and moderate-
income persons, after reserving the amount needed to pay for the
direct costs (e.g. , attorney and bank fees, advertising costs,
contract compliance costs), of the ne,otiaticn and implementation
of the CD float loan project.
2. Program income generated from a project (including housing repair)
funded through a city's pass-through, as defined in II(C), shall
return to the city's pass-through fund, unless the city no longer
qualifies for a pass-through as provided in II(C)(3), in which
case the program income returns to the County and Small Cities
Fund.
3. Program income generated from a project (including housing repair)
funded through the County and Small Cities Fund, as defined in
II(D), shall return to the County and Small Cities Fund.
4. Program income generated from projects funded in 1987 (except for
housing repair) and prior years shall return to the Consortium and
be distributed to the Pass-through Cities and the County and Small
Cities Funds according to their share of the Consortium's low- and
moderate-income persons, as defined by HUD. Housing repair
program income shall return to the housing repair program.
III. USE OF FUNDS: GENERAL PROVISIONS
A. The County and each of the Pass-through Cities shall specify activi-
ties and projects which it will undertake with the funds described in
II above.
B. The County and each of the Pass-through Cities shall ensure that
scarce CDBG funds are targeted to activities which can document
predominant (51%) benefit to low- and moderate-income people and that
the overall program meets or exceeds HUD's requirements for the
percentage of funds spent to benefit low- and moderate-income persons
in King County.
C. Pass-through Cities may exchange their CDBG funds with other Pass-
through Cities for general revenue funds. The use of general revenue
3
funds obtained by a Pass-through City in this manner shall be consis-
tent with the general intent of the community development program,
but shall not be considered CDBG program income.
D. The County and each of the Pass-through Cities shall conduct the
appropriate citizen participation activities as required by HUD regu-
lations.
E. Approval of projects must be secured through formal ,grant applica-
tions (proposals) to King County; approval of activities shall be
secured when the annual program is approved or amended.
F. General administrative costs incurred by Pass-through Cities shall be
paid for out of the pass-through or from local funds. Costs incurred
in administering specific projects may be included in project costs.
IV. USE OF ADMINISTRATION FUNDS
A. A Pass-through City may reserve a portion of its entitlement share to
cover administrative costs of its local CDBG Program or to fund plan-
ning projects, however, this amount must be reserved in the spring
and it will be based upon the city's proportion of low- and moderate-
income persons, as defined by HUD.
B. In addition to the responsibilities outlined in X. RESPONSIBILITIES
AND POWERS OF JURISDICTIONS, Pass-through Cities may use additional
pass-through funds to cover part of their administrative costs if:
I. Planning ceiling is available;
2. The city runs a competitive process for the distribution of the
CDBG funds; and
3. City staff participate in Consortium-wide planning processes such
as development of the Comprehensive Housing Affordability Strat-
egy, and the HOME Consortium Working Group.
C. Requests from Pass-through Cities to use the balance of planning
ceiling, if available, to cover additional administrative costs will
take priority over requests for planning projects.
D. Pass-through City staff who are supported with administrative funds
would also be expected to assist in preparing and/or presenting
information to the Joint Policy Committee.
V. USE OF PUBLIC SERVICE FUNDS
A Pass-through City may reserve a portion of its entitlement share to
cover public service activities, however, the amount must be reserved in
the spring and will be based upon the city's proportion of low- and
moderate-income persons, as defined by HUD.
VI. PROGRAM INCOME
A. The participating jurisdiction must inform King County of any income
generated by the expenditure of CDBG funds received by the partici-
pating jurisdiction.
B. Any such program income is subject to requirements set forth in
Section II(G) of the Agreement.
C. Any program income the participating jurisdiction is authorized to
retain may only be used for eligible activities in accordance with
all CDBG requirements as may then apply.
D. King County has the responsibility for monitoring and reporting to
HUD on the use of any such program income and thereby requires appro-
priate recordkeeping and reporting by the participating jurisdiction
as may be needed for this purpose.
E. In the event of close-out or change in status of the participating
jurisdiction any program income, that is on hand or received subse-
quent to the close-out or change in status, shall be paid to King
County Consortium.
VII. REAL PROPERTY
A. Participating jurisdictions owning community facilities acquired or
improved in whole or in part using CDBG funds, must comply with
change of use restrictions as required by HUD and the policies
adopted by the Joint Policy Committee as found in the annual King
County CDBG Consortium Policy Plan.
B. The participating jurisdiction must notify King County prior to any
modification or change in the use of real property acquired or
improved in whole or in part using CDBG funds. This includes any
modification or change in use from that planned at the time of the
acquisition or improvement, including disposition.
C. The jurisdiction shall reimburse King County in an amount equal to
the current fair market value (less any portion thereof attributable
to expenditures of non-CDBG funds) of property acquired or improved
with CDBG funds that is sold or transferred for a use which does not
qualify under the CDBG regulations.
D. Program income generated from the disposition or transfer of property
prior to or subsequent to the close-out, change of status or termina-
tion of the cooperation agreement between the county and the partici-
pating jurisdiction shall be subject to the requirements set forth in
Section II(G) and Section VI.
vIII. JOINT POLICY COMMITTEE
There shall be established a Joint Policy Committee.
A. Composition. The Committee shall be composed of the following
elected officials or their designees (who shall be specified in
writing by the elected member, and who should, where possible, be the
same person consistently from meeting to meeting) : the King County
Executive; two King County Councilmembers to be selected by the
Council every January; and two elected officials of participating
Pass-through Cities and one elected official of a small city partici-
pating in the County and Small Cities Fund. The cities' officials
shall be selected by the Suburban Cities Association every January.
Members of the Committee shall serve at the pleasure of their respec-
tive appointing authorities. The chairperson and vice-chairperson of
the Committee shall be chosen from among the members of the Committee
by a majority vote of the members for a term of one year beginning
the first meeting of the calendar year, if possible, provided that a
representative of a city shall be designated as chairperson at least
once in every two years.
B. Powers and Duties. The Committee shall be empowered to:
1. Review and recommend to the King County Council all policy matters
on the Consortium's CDBG and HOME Program including the amount of
administrative, setaside and priorities governing the use of the
public services setaside.
2. Review, recommend and adopt the Comprehensive Housing Affordabil-
ity Strategy and the annual Community Development Plan required by
HUD. The King County CDBG Consortium Policy Plan, hereinafter
referred to as the Policy Plan, will be developed annually by the
Consortium to meet the HUD requirement for an annual Community
Development Plan. The Policy Plan will include Consortium-wide
policies and program guidelines governing CDBG funded projects.
3. Review plan and program disagreements between the County and
participating jurisdictions, and offer recommendations to the King
County Council .
IX. DUTIES OF THE KING COUNTY PLANNING AND COMMUNITY DEVELOPMENT DIVISION
STAFF
Those King County Planning and Community Development Division Staff which
are funded through the administrative setaside, hereinafter referred to
as the Staff, shall fulfill the following duties:
5
A. Responsibilities to the Joint Policy Committee. The Staff shall:
1. Solicit and present to the Committee all applicable federal and
County policy guidelines, special conditions, and formal require-
ments related to the preparation of the Comprehensive Housing
Affordability Strategy and the Annual King County CDBG Consortium
Policy Plan, and related to administration of the programs under
these plans.
2. Prepare and present written materials required by HUD and the King
County Council as components of the annual King County Comprehen-
sive Housing Affordability Strategy and the King County CDBG
Consortium Policy Plan to be prepared pursuant to this Agreement,
including but not limited to: collection and analysis of data;
identification of problems, needs and their locations; development
of long and short term objectives; consideration of alternative
strategies; and preparation of the administrative budget.
3. Prepare and present to the Committee policy evaluation reports or
recommendations, and any other material deemed necessary by the
Committee to help the Committee fulfill its powers and duties.
B. Res onsibilities to Jurisdictions Which Are Parties to This Agree
ment. The Staff shall :
1. Solicit and present all applicable federal and County policy
guidelines, special conditions, and format requirements related to
program administration.
2. Prepare and present written materials required by HUD and the King
County Council as components of the annual King County Comprehen-
sive Housing Affordability Strategy and the King County CDBG
Consortium Policy Plan to be prepared pursuant to this Agreement,
including but not limited to collection and analysis of data;
identification of problems, needs and their location; development
of long and short term objectives; consideration of alternative
strategies; and preparation of the administrative budget.
3. Identify supplemental sources of funding to increase the partici-
pating jurisdictions' capability to conduct effective community
development activities.
4. Prepare and where applicable present project review reports for
proposed projects.
5. Prepare and present to the King County Executive and Council mate-
rial necessary for the approval of the County and Small Cities
portion of the annual program.
6. Present to the King County Council the Consortium's annual program
for adoption.
7. Administer the Consortium's CDBG Program, including monitoring and
enforcing compliance with the federal wage and relocation require-
ments.
8. Upon request by a Pass-through City, staff will develop, admin-
ister, and implement a city's CDBG funded contract. Additionally,
multi-jurisdictional projects funded by King County and/or one or
more cities, will be developed and implemented by Staff.
X. RESPONSIBILITIES AND POWERS OF JURISDICTIONS
The jurisdictions, the County and Cities participating in this Agreement,
shall have the following responsibilities and powers:
A. The County, with the assistance of the Cities, will develop annually
a Consortium-wide Comprehensive Housing Affordability Strategy and
the King County CDBG Consortium Policy Plan. In addition, the Pass-
through Cities and the County will each develop local program poli-
cies which will identify community development and housing needs in
c
the Pasithrough Cities and in the balance of the County, respec-
tively in accordance with the primary objective and requirements of
the Act. This Policy Plan, including the local program policies,
will meet the HUD-requirement for an annual Community Development
Plan.
the King
nty
tium olic
B.
Planpforcies the CountyeandithenPass-throughuCitiesBwillnberconsistenty
with local comprehensive plans being developed under the Growth
Management Act.
C. Each Pass-through City shall continue to adopt a local program policy
that commits the city to examining its role in recognizing and
addressing regional or Consortium-wide needs through a coordinated
funding approach with other jurisdictions and the County. The public
services setaside referenced under II(B) is one effort in this direc-
tion.
D. Each Pass-through City shall exercise local discretion in determining
the use of its pass-through funds in a manner consistent with the
Comprehensive Housing Affordability Strategy and the Policy Plan
including the Pass-through City's local program policies.
E. Pass-through City staff will be responsible for sending the County
timely notification of the citizen participation activities refer-
enced under III(D).
F. The legislative authority of each Pass-through City shall approve or
disapprove activities, areas, and budgets submitted by its agents for
inclusion in the annual program. Approval shall be given by motion
or resolution. Notice of these actions should be complete and
forwarded to the County in a timely manner.
G. Pass-through City staff shall review all project proposals for
consistency with threshold requirements and consortium-wide and other
federal requirements prior to submission to the County and prior to
presentation of the proposals to the King County Council for approval
with the rest of the Consortium's annual program.
H. The legislative authority of each small city submitting proposals for
use of the County and Small Cities Funds shall approve such applica-
tions by motion or resolution.
I. King County shall determine, with the advice of representatives from
small cities, the use of the County and Small Cities Funds in a
manner consistent with the Policy Plan including its local program
policies.
J. Each participating jurisdiction shall fulfill to the County's satis-
faction all relevant requirements of federal laws and regulations
which apply to King County as applicant, including assurances and
certifications described in part XII(D) .
K. Jurisdictions participating under this Agreement have certified that
they have adopted and are enforcing local policies which:
1. prohibit the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in non-
violent civil rights demonstrations; and
2. enforce applicable State and local laws against physically barring
entrance to or exit from a facility or location which is the
subject of non-violent civil rights demonstrations within juris-
dictions.
L. Pursuant to 24 CFR 570.501(b), all participating units of local
government are subject to the same requirements applicable to subre-
cipients, excluding the County's Minority and Womens' Business Enter-
prises requirements. The applicable requirements include, but are
not limited to, a written agreement with the County which complies
with 24 CFR 570.503 and includes provisions pertaining to the follow-
ing items: statement of work; records and reports; program income;
uniform administrative items; other program requirements; conditions
for religious organizations; suspension and termination; and rever-
sion of assets.
7
1
M. All participating units of local government understand that they may
not apply for grants under the Small Cities or State CDBG Programs
during the period of participation in this Agreement.
XI. RESPONSIBILITIES AND POWERS OF KING COUNTY
King County shall have the following responsibilities and powers:
A. The King County Council shall have authority and responsibility for
all policy matters, including the Consortium-wide Policy Plan and the
Comprehensive Housing Affordability Strategy, upon review and recom-
mendation by the Joint Policy Committee.
B. The King County Council shall have authority and responsibility for
all fund allocation matters, including the approval of the annual
administrative setaside and the approval and adoption of the Consor-
tium's annual CDBG Program (annual CDBG budget).
C. The King County Executive shall have the authority and responsibility
to approve requested changes to the adopted annual CDBG Program in
the following circumstances:
1. The requested change is to a Pass-through City's portion of the
adopted annual program, and the change is requested by the
legislative body of the Pass-through City; or
2. The requested change is in the County and Small Cities portion of
the adopted annual program, and it is limited to a change of
project scope or change of project implementor in a specific
by the subrecipient, and the change
project, and it is requested
is made in consultation with the Councilmember in whose district
the project is located.
D. The King County Executive, as administrator of this CDBG Program,
shall have authority and responsibility for all administrative
requirements for which the County is responsible to the federal
government.
E. The King County Executive shall have authority and responsibility for
all fund control and disbursements.
F. Notwithstanding any other provision contained in this Agreement, the
County as the applicant for CDBG funds has responsibility for and
assumes all obligations as the applicant in the execution of this
CDBG Program, including final responsibility for selecting activities
and annually filing Final Statements with HUD. Nothing contained in
this Agreement shall be construed as an abdication of those responsi-
bilities and obligations.
XII. GENERAL TERMS
A. This Agreement shall extend through the 1994, 1995 and 1996 program
years, or, if the federal government should end King County's CDBG
entitlement status before that time, through the completion of CDBG
activities in the participating city. King County, as the official
applicant, shall have the authority and responsibility to ensure that
any property acquired or assisted with CDBG funds is disposed of or
used in accordance with federal regulations.
B. Pursuant to 24 CFR Part 570.307(d)(2), during the period of qualifi-
cation
al
nt
f lrominor)beoremovedefromithefurbanrcountyaforoHUD'segranty
withdraw
computation purposes.
C. It is understood that by signing this Agreement the jurisdictions
shall agree to comply with the policies and implementation of the
King County CDBG Consortium Policy Plan and the approved Comprehen-
sive Housing Affordability Strategy.
D. Parties to this Agreement must take all required actions necessary to
assure compliance with King County's certification required by
Section 104(b) of Title I of the Housing and Community Development
8
Act of 1974, as amended, including Title vI of the Civil Rights Act
of 1964, (Title III of the Civil Rights Act), the Fair Housing Act,
Section 109 of Title I of the Housing and Community Development Act
of 1974, as amended, The Americans with Disabilities Act of 1990, and
other applicable laws.
E. No CDBG funds shall be expended for activities in, or in support of
any participating city that does not affirmatively further fair
housing within its own jurisdiction or that impedes the County's
actions to comply with its fair housing certification.
F. It is recognized that amendment of the provisions of this Agreement
may become necessary, and such amendment shall take place when all
parties have executed a written addendum to this Agreement.
G. Calculations for determining the number of low- and moderate-income
persons residing in the County and cities shall be based upon interim
calculations of 1990 Census data, until such time as official HUD
approved 1990 Census data becomes available, and on the official
annual estimates of populations of cities, towns and communities
published by the State of Washington Office of Program Planning and
Fiscal Management.
H. Participating jurisdictions shall be considered to be those jurisdic-
tions which have signed this Agreement.
I. Jurisdictions undertaking activities and/or projects with CDBG funds
distributed under this Agreement retain full civil and criminal
liability as though these funds were locally generated.
J. King County retains environmental review responsibility for purposes
of fulfilling requirements of the National Environmental Policy Act,
under which King County may require the local incorporated jurisdic-
tion or contractor to furnish data, information, and assistance for
King County's review and assessment in determining whether King
County must prepare an Environmental Impact Statement.
K. Jurisdictions retain responsibility in fulfilling the requirements of
the State Environmental Policy Act under which King County has review
responsibility only.
KING COUNTY, WASHINGTON PARTICIPATING JURISDICTION
Tim Hill, King County Executive Signature of Designated Official
Name of Designated Official (Print)
Official Title
City or Town
Date Signed
C117 (5/18/93)
9
�J
CITY OF
CITY OF KENT
PLANNING DEPARTMENT
(206) 859-3390
MEMORANDUM
June 10, 1993
TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS
FROM: LIN BALL,HUMAN SERVICES MANAGER
SUBJECT: 1994-1996 HOME INTERLOCAL COOPERATION AGREEMENT
(ICA)
Note:
The Planning Committee is considering this item at its June 15
meeting. Since this is a time sensitive item, it is necessary to
take it directly forward from the Committee to the full City
Council on June 15. The agreement must be signed by our Mayor and
returned to the County before June 25, 1993 . With the Planning
Committee now only meeting once a month it was not possible to take
this item to the Committee any earlier.
At the advice of the Council President and Planning Committee
Chair, staff did a phone poll of the Planning Committee members.
Members have given tentative approval over the phone and plan to
take formal action at their June 15 meeting. It should also be
noted that the Planning Committee reviewed a draft of this ICA at
its April 6, 1993 meeting. The final ICA is the same as the draft,
with no new changes.
since this item is coming directly from Committee to the full
Council on June 15, it will be placed as an added item on the
Council agenda that night.
Background
It is necessary for the City to enter into the Interlocal
Cooperation Agreement (ICA) for the King County Home Consortium for
the years 1994-1996 . (Copy is attached)
This agreement governs the City' s participation with the County and
other King County cities in the distribution of federal HOME funds.
King County receives these funds under the new federal HOME
Investment Partnerships Program created under Title II of the
National Affordable Housing Act of 1990 . These funds are available
for distribution throughout the County for projects which provide
permanent affordable low-income housing for low-income families and
individuals.
HOME ICA
June 10, 1993
Page 2
In 1993 the management of these funds was covered under the
Community Development Block Grant (CDBG) Interlocal Cooperation
Agreement, since the same cities were participating in both
programs. For the next funding cycle (1994-1996) , the Cities of
Federal Way and Bellevue have decided to join the HOME Consortium.
Since these two cities are not part of the CDBG Consortium, it is
necessary to create a separate ICA for HOME. The inclusion of
these two cities will benefit the HOME Consortium because the
Consortium will receive more dollars from the federal government,
due to the larger participation of cities .
Since the HOME Program is administered by King County, with no
separate funds for this Program coming individually to the member
cities, the ICA is very short and straight forward.
City of Kent staff is involved in the drafting of policies, review
of applications, and recommendations for HOME funding. Housing &
Human Services staff are members of the HOME Working Committee, and
the Jim Harris is currently on the HOME Selection Committee
which makes funding decisions. Our participation helps ensure that
South King County captures its share of HOME dollars for affordable
housing.
The Planning Committee reviewed the draft HOME ICA at its April 6,
1993 meeting, and did not have any concerns or changes to the
draft. The final ICA which has been signed by the King County
Executive is the same as the draft, with no new changes. It is
expected that the Planning Committee will approve the final
Agreement at its June 15 meeting.
Recommended Action
Approval of the 1994-1996 HOME Interlocal Cooperation Agreement,
and authorization for the Mayor to sign this Agreement and forward
it to King County.
LB/mp:a:#1 HOMEICA.CC
cc: James P. Harris, Planning Director
JOINT COOPERATION AGREEMENT
BETWEEN KING COUNTY, AS AN URBAN COUNTY, AND
THE CITY OF KENT
FOR PURPOSES OF THE HOME INVESTMENT PARTNERSHIPS PROGRAM
This Agreement is entered into between King County, as an urban county
pursuant to 24 CFR Subpart 92.2 and Subpart 570.3, hereinafter referred to as
"County", and the City of Kent hereinafter referred to as
"City", said parties to the Agreement each being a general local governmental
unit of the State of Washington. This Agreement is made pursuant to RCW
39.34, the Intergovernmental Cooperation Act.
The City of Kent and King County agree that it is mutually
desirable and beneficial to enter into a consortium arrangement pursuant to
and authorized by 24 CFR Part 92 for purposes of the HOME Investment Partner-
ships Program, hereinafter referred to as "HOME Program", of the National
Affordable Housing Act of 1990, as amended.
II. AGREEMENT
1 . The City and the County agree to cooperate to undertake or assist in
undertaking HOME Program housing assistance activities which are eligible
under 24 CFR Part 92.
2. The County is hereby authorized to act as the representative member
on behalf of the Consortium for the purposes of the HOME Program, by which it
agrees to assume overall responsibility for ensuring that the Consortium's
HOME Program is carried out in compliance with federal requirements, including
requirements concerning the Comprehensive Housing Affordability Strategy
(CHAS) , and in compliance with the housing objectives of the City and the
County as adopted in the CHAS. The City agrees to cooperate fully with the
County in the development and preparation of the CHAS, and to prepare and
provide those elements specifically pertaining to the City.
3. This Agreement shall remain in full force and effect for the period
necessary to plan and carry out all activities that will be funded from HOME
funds awarded for the 1994, 1995, and 1996 federal fiscal years, which coin-
cides with the Agreement for the Distribution and Administration of Community
Development Block Grant, or until the County's designation as a participating
HOME jurisdiction is rescinded by the United States Department of Housing and
Urban Development, or until such time as the County no longer qualifies as an
urban county.
4. During the term of this Agreement, neither the County nor the City
may withdraw from participation from their respective obligations under this
Agreement.
5. By executing the HOME Agreement, the City understands that it may
not participate in a HOME consortium except through the urban county, regard-
less of whether the urban county receives a HOME formula allocation.
6. This Agreement shall be executed in three counterparts, each of
which shall be deemed an original , by the chief executive officers of the
County and the City, pursuant to the authority granted them by their respec-
tive governing bodies. One of the signed counterparts, accompanied by copies
of the authorizing resolutions from the County and the City, shall be filed by
the County with the Region X office of HUD. A copy shall be filed with the
Secretary of State and the Clerk of the King County Council , the County
Auditor, and the City as per RCW 39.34.040.
7. The County and the City both hereby agree to affirmatively further
fair housing.
8. The City shall participate jointly with the County in the develop-
ment of the Consortium's HOME Program by participating in development of a
HOME Program strategy of sufficient detail to accommodate both the collective
and individual housing objectives of both the City and the. County. The Joint
Policy Committee will adopt HOME program policies, developed by a City and
County staff working group. The HOME Project Selection Committee will approve
funding decisions. All funding decisions must be in accord with adopted
policies. Proposed projects located within the City shall be given
consideration for funding equal to those located in unincorporated areas.
Once said strategies are adopted, the City shall also have the right to
comment on any program changes prior to their implementation by the County as
the representative member of the Consortium.
9. Federal HOME funds, allocated to the Consortium, shall be used to
fund housing assistance activities that are the subject of this Agreement.
The City and the County shall cooperate in the establishment of budgets for
separate HOME activities. It is intended that the County enter into contrac-
tual agreements with any city, nonprofit organization, or other entity that it
selects to implement HOME activities. Administrative costs will be paid from
the HOME grant, after review and approval by the Joint Policy Committee.
This Agreement is legally binding and valid upon signature of all parties.
CITY OF KING COUNTY
City Official Tim Hill , County Executive
Date: MAY 2 5 1993
Date:
The terms and provisions of this Agreement are authorized under State and
local law, and this Agreement, when properly executed by the parties, will
provide legal authority for the Consortium to undertake or assist in under-
taking housing assistance activities for the HOME Investment Partnerships
Pro?oun
ram
y Prosecuting Attorney
tiN
(u
Kent City Council Meeting
Date June 15 , 1993
i Category Bids
1. SUBJECT: GOLF COURSE TRACTOR
2 . SUMMARY STATEMENT: Bid opening was held on May 26, with two
bids received. The Public Works Committee has recommended
acceptance of the bid from Coastline Ford Tractor for two
tractors; Model #4630 in the amount of $17 , 837 and Model #3930
f or $16, 3 3 7 . � E G 0 � �, f, v E-0 v! 0li Ilk G&Vv kk J
U �<< .
3 . EXHIBITS: Public Works Minutes and memorandum from Public
Works Director
4 . RECOMMENDED BY: Public Works Committee (3-0 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 moves, Councilmember �- seconds
that Coastline Ford Tractor be awarded the bid for two
tractors; Model #4630 in the amount of $17 , 837 and Model #3930
in the amount of $16, 337 .
DISCUSSION•
ACTION:
Council Agenda
Item No. 5A
DEPARTMENT OF PUBLIC WORKS
JUNE 25 1993
TO: PUBLIC WORKS COMMITTEE
FROM: DON WICKSTROM
RE: TWO TRACTORS FOR GOLF COURSE
TWO MOWER UNITS FOR GOLF COURSE
The low bid for two golf course tractors was submitted by Coastline
Ford Tractor for Model #4630 in the amount of $17 , 837 and Model
#3930 for $16, 337 . As stated in the attached breakdown, the Model
4630 is available within two weeks and Model 3930 will take 150
days for delivery.
The low bid for golf course mower units was submitted from Superior
Turf Equipment in the amount of $12 , 441 . 92 each. Two mower units
will need to be purchased for the two tractors.
ACTION: Recommend bids be accepted and contracts awarded to
Coastline Ford Tractor for two tractors and Superior
Turf Equipment for two mower units.
to control the basin because that will affect the levee heights
downstream.
Committee unanimously recommended authorization for the Mayor to
sign the tri-party interlocal agreement upon incorporating any
minor revisions thereto.
Traffic Signal Remodel @ 100th Ave & SE 240th St. Accept as
Complete
Wickstrom explained that this project is the completion of a
contract for improvement of 100th Ave & 240th signal which added a
pedestrian signal on the north side of 100th Ave. The project is
complete and we are asking for acceptance.
Paul Mann questioned whether the problem with accidents occurring
in front of the Nazarene Church still exists. Ed White was not
aware of any. Bennett stated that he was told that the church has
their grading permit to take access off to Alvord St which will
eventually alleviate the problem at the church.
Committee unanimously agreed to accept as complete the Traffic
Signal Remodel project @ 100th Ave & SE 240th St.
Water System Improvements - Phase II Accept as Complete
Wickstrom said this project was started a number of years ago to
make sure all of our facilities within the water system were up and
operating to their maximum capacity. This project is complete and
we are asking for acceptance of the contract.
Committee unanimously agreed to accept as complete the Water System
Improvements - Phase II contract.
DTractors/Mower Units - Bid
Wickstrom stated that these are bids for tractors for the Golf
Course. Tim Heydon explained that originally the Golf Course had
ordered mower units (self-contained units) and those did not hold
together as expected. Heydon said as a result, we are replacing
those early with tractors that pull units behind which are not
hydraulically driven but are shaft driven, which is a much simpler
system. Heydon explained that with this sort of arrangement, the
tractors are expected to last longer than the units that hang
behind. Heydon stated that the model of tractor requested has a
long waiting time and so we are asking for one of the models that
is slightly larger which is in stock and the other one we would
order at long term.
Committee unanimously recommended acceptance of the bid from
Coastline Ford Tractor for two tractors; one with immediate
delivery as well as ordering the additional one.
5
Committee unanimously recommended acceptance of the bid from
Superior Turf Equipment for two mower units.
Bill of Sale: Village on James St - Phase I
Bill of Sale: Midway Crossing
Committee unanimously recommended acceptance of the Bill of Sale
for Village On James St - Phase I and acceptance of the Bill of
Sale for Midway Crossing.
Canterbury Faire Ordinance and;
International Balloon Classic Ordinance
Brubaker stated that these are both standard street closure
ordinances.
Committee unanimously recommended approving street closure
ordinances for Canterbury Faire and the International Balloon
Classic.
Meeting adjourned 7 : 00 p.m.
6
MEMORANDUM
DATE: May 27th, 1993 /
Don Wickstrom, Public Works Direc or`
TO: D L�
THRU: Tim Heydon, Operations Mana r�
FROM: Jack Spencer, Fleet Manager
SUBJECT: Bids for Two Tractors for t Golf Course
Bids received were as follows:
On May 26th, 1993 , The City of Kent, Equipment Rental received bids
for two (2) tractors for the Golf Course.
Machinery Components Co. , Inc.
Seattle, Washington 328-1750 $19 , 060. 00
Missey Ferguson Tractor
Model #1180-4 $ 315 . 15
Option #1
Total $19 , 375 . 15
plus tax
Coastline Ford Tractor
Everett, Washington
259-7181 $15 , 987 . 00
Ford Model 3930 350. 00
Option #1
Total $16, 337 . 00
plus tax
Ford model #4630 $17 , 487 . 00
Option #1 350 . 00
Total $17 , 837 . 00
plus tax
Jennings Equipment of Puyallup responded but did not submit a bid.
After reviewing the bid specifications, I recommend we award the
bid to Coastline Ford Tractor the lowest bidder. They have bid two
different models of tractors and both of them meet the
specifications as requested. The model #4630 is in stock and
available in two weeks. The 43930 will have to be ordered and it
may be up to 150 days for delivery.
Due to the critical needs of the Golf Course for grounds
maintenance equipment, they would like to purchase one model #4630
now and order the 43930 for later delivery. Coastline Ford has
implied they may be able to loan or rent us a used unit until the
ordered tractor is received.
JS/map B:ER015
1
cc: Dianne Sullivan
Memorandum
Date: May 27th, 1993
To: Don Wickstrom, Public Works Director
From: Jack Spencer, Fleet Manage i
Thru: Tim Heydon, Operations Manager
Subject: Golf Course Mower l
On May 26th, Equipment Rental received bids for the purchase of two
rotary type rough mowers for use at the Golf Course.
Three companies responded but only one submitted a bid.
Superior Turf Equipment Mower (complete) $11, 949 . 00
Auburn, Washington Sales Tax
. 92
----942
833-2060
Total $12 , 441. 92
I recommend we award the bid to Superior Turf. We have watched the
mowers demonstrated and they are the type of machine Golf has
requested.
JS/map
ATTACHMENT
B:ER014
Kent City Council Meeting
Date June 15, 1993
Category. Bids
1
1. SUBJECT: GOLF COURSE MOWERS
2 . SUMMARY STATEMENT: Bid opening was held on May 26, with one
bid received. The Public Works Committee has recommended
acceptance of the bid from Superior Turf Equipment in the
amount of $12 , 441. 92 each, for two mower units. 041T-C- Sc,
l)a nc�ia cc`rt� k_c� �i, �c � rn� Vl� m1 C a uR-h
3 . EXHIBITS: Public Works Minutes and memorandum from Public
Works Director
4 . RECOMMENDED BY: Public Works 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
that Superior Turf Equipment be awarded the bid for two mower
units in the amount of $12 , 441. 92 each.
DISCUSSION:
ACTION•
Council Agenda
Item No. 5B
DEPARTMENT OF PUBLIC WORKS
JUNE 23 1993
TO: PUBLIC WORKS COMMITTEE
FROM: DON WICKSTROM
RE: TWO TRACTORS FOR GOLF COURSE
TWO MOWER UNITS FOR GOLF COURSE
The low bid for two golf course tractors was submitted by Coastline
Ford Tractor for Model #4630 in the amount of $17 , 837 and Model
#3930 for $16 , 337 . As stated in the attached breakdown, the Model
4630 is available within two weeks and Model 3930 will take 150
days for delivery.
The low bid for golf course mower units was submitted from Superior
Turf Equipment in the amount of $12 , 441 . 92 each. Two mower units
will need to be purchased for the two tractors .
ACTION: Recommend bids be accepted and contracts awarded to
Coastline Ford Tractor for two tractors and Superior
Turf Equipment for two mower units .
to control the basin because that will affect the levee heights
downstream.
Committee unanimously recommended authorization for the Mayor to
sign the tri-party interlocal agreement upon incorporating any
minor revisions thereto.
Traffic Signal Remodel @ 100th Ave & SE 240th St. Accept as
Complete
Wickstrom explained that this project is the completion of a
contract for improvement of 100th Ave & 240th signal which added a
pedestrian signal on the north side of 100th Ave. The project is
complete and we are asking for acceptance.
Paul Mann questioned whether the problem with accidents occurring
in front of the Nazarene Church still exists. Ed White was not
aware of any. Bennett stated that he was told that the church has
their grading permit to take access off to Alvord St which will
eventually alleviate the problem at the church.
Committee unanimously agreed to accept as complete the Traffic
Signal Remodel project @ 100th Ave & SE 240th St.
Water System Improvements - Phase II Accept as Complete
Wickstrom said this project. was started a number of years ago to
make sure all of our facilities within the water system were up and
operating to their maximum capacity. This project is complete and
we are asking for acceptance of the contract.
Committee unanimously agreed to accept as complete the Water System
Improvements - Phase II contract.
DTractors/Mower Units - Bid
Wickstrom stated that these are bids for tractors for the Golf
Course. Tim Heydon explained that originally the Golf Course had
ordered mower units (self-contained units) and those did not hold
together as expected. Heydon said as a result, we are replacing
those early with tractors that pull units behind which are not
hydraulically driven but are shaft driven, which is a much simpler
system. Heydon explained that with this sort of arrangement, the
tractors are expected to last longer than the units that hang
behind. Heydon stated that the model of tractor requested has a
long waiting time and so we are asking for one of the models that
is slightly larger which is in stock and the other one we would
order at long term.
Committee unanimously recommended acceptance of the bid from
Coastline Ford Tractor for two tractors; one with immediate
delivery as well as ordering the additional one.
5
Committee unanimously recommended acceptance of the bid from
Superior Turf Equipment for two mower units.
Bill of Sale• Village on James St - Phase I
Bill of Sale• Midway Crossing
Committee unanimously recommended acceptance of the Bill of Sale
for Village On James St - Phase I and acceptance of the Bill of
Sale for Midway Crossing.
Canterbury Faire Ordinance and;
International Balloon Classic Ordinance
Brubaker stated that these are both standard street closure
ordinances.
Committee unanimously recommended approving street closure
ordinances for Canterbury Faire and the International Balloon
Classic.
Meeting adjourned 7 : 00 p.m.
6
Memorandum
Date: May 27th, 1993
To: Don Wickstrom, Public Works Director
From: Jack Spencer, Fleet Manage i
Thru: Tim Heydon, Operations Manager
Subject: Golf Course Mower l
On May 26th, Equipment Rental received bids for the purchase of two
rotary type rough mowers for use at the Golf Course.
Three companies responded but only one submitted a bid.
Superior Turf Equipment Mower (complete) $11, 499 . 00
Auburn, Washington Sales Tax 942 . 92
833-2060
Total $12 , 441. 92
I recommend we award the bid to Superior Turf. We have watched the
mowers demonstrated and they are the type of machine Golf has
requested.
JS/map
ATTACHMENT
B:ER014
MEMORANDUM
DATE: May 27th, 1993 /
TO: Don Wickstrom, Public Works Direc or'
THRU: Tim Heydon, Operations Mana rz L'
FROM: Jack Spencer, Fleet Manager
SUBJECT: Bids for Two Tractors for t Golf Course
Bids received were as follows:
On May 26th, 1993 , The City of Kent, Equipment Rental received bids
for two (2) tractors for the Golf Course.
Machinery Components Co. , Inc.
Seattle, Washington 328-1750
Missey Ferguson Tractor $19 , 060 . 00
Model #1180-4
Option #1 $ 315. 15
Total $19 , 375 . 15
plus tax
Coastline Ford Tractor
Everett, Washington
259-7181
Ford Model 3930 $15, 987 . 00
Option #1 350 . 00
Total $16, 337 . 00
plus tax
Ford model #4630 $17 , 487 . 00
Option #1 350 . 00
Total $17 , 837 . 00
plus tax
Jennings Equipment of Puyallup responded but did not submit a bid.
After reviewing the bid specifications, I recommend we award the
bid to Coastline Ford Tractor the lowest bidder. They have bid two
different models of tractors and both of them meet the
specifications as requested. The model #4630 is in stock and
available in two weeks . The #3930 will have to be ordered and it
may be up to 150 days for delivery.
Due to the critical needs of the Golf Course for grounds
maintenance equipment, they would like to purchase one model #4630
now and order the #3930 for later delivery. Coastline Ford has
implied they may be able to loan or rent us a used unit until the
ordered tractor is received.
JS/map
1 B:ER015
cc: Dianne Sullivan
CONTINUED COMMUNICATIONS
A.
R E P O R T S
A. COUNCIL PRESIDENT
B. OPERATIONS COMMITTEE
C. PUBLIC WORKS COMMITTEE
D. PLANNING COMMITTEE
E. PUBLIC SAFETY COMMITTEE
F. PARKS COMMITTEE
G. BUDGET COMMITTEE
H. ADMINISTRATIVE REPORTS
MCCARTHY,TONY / KENT70/AD - HPDesk print.
-----------------------------------------
L ,ject: 6/15 ADMINISTRATIVE REPORT
Creator: Tony MCCARTHY / KENT70/AD Dated: 01/06/93 at 0949 .
TO: MAYOR KELLEHER, COUNCIL PRESIDENT WOODS AND COUNCIL MEMBERS
SSMD HAS BEEN OPERATING THE GOLF COMPLEX SINCE 6/1. EARLY EFFORT BESIDES
REGULAR GOLF ACTIVITY HAS BEEN IN COUNTING THE INVENTORY WITH CITY STAFF,
WORKING OUT SOME SSMD COMPUTER GLITCHES, INSURING PROPER INTERNAL CONTROL
ON CASH RECEIPTING, GETTING A BUILDING PERMIT FOR MERCHANDISING AND
RESTAURANT IMPROVEMENTS AND INVESTIGATING PUTTING IN A PUTTING GREEN AT
THE DRIVING RANGE. FINAL BUYOUT SHOULD BE COMPLETE BY 6/15. THE NEXT
STEP WILL BE AN ANALYSIS OF THE GOLF CAPITAL IMPROVEMENT NEEDS AND FUNDING
WITH A REPORT TO THE PARK COMMITTEE IN JULY.
THE PERMIT PROCEES REORGANIZATION IS GOING WELL. FRED WILMETH IS ON BOARD
ALMOST FULL TIME. HIS INITIAL FOCUS IN GETTING CAUGHT UP ON THE BACKLOG,
ENHANCING CUSTOMER SERVICE, AND DEVELOPING A TRACKING SYSTEM. ALL THESE
ACTIVITIES ARE AHEAD OF SCHEDULE. A REPORT TO THE OPERATIONS COMMITTEE
IS SCHEDULED FOR 7/6. IN THE INTERIM, FRED IS MEETING WITH ASSOCIATED
DEPARTMENT HEADS, THE MAYOR AND MYSELF, THE PERMIT COMMITTEE AND THE CHAMBER
OF COMMERCE.
AS I DISCUSSED WITH YOU LAST WEEK, PROJECT LIGHTHOUSE HAS SHIFTED DIRECTION
FROM THE O'BRIEN SCHOOL TO THE PAY N PAK MALL. A FINANCING PROPOSAL IS BEING
PREPARED BY REALTORS TO BE ANALYZED BY SCHOOL DISTRICT AND CITY STAFF. THE
' IJECT SEEMS LIKE A WONDERFUL IDEA BUT THERE IS A LOT TO WORK OUT. IN THE
la.fERIM THE GROUP IS ASKING THE CITY TO FUND AN OPEN GYM AND TEEN DANCE PROGRAM
FROM 7/15/93 TO 12/31/93 AT A KENT SECONDARY SCHOOL FOR 2 AFTERNOONS AND
NIGHTS PER WEEK AT A COST OF APPROXIMATELY $45, 000 . MEALS ARE PROPOSED TO BE
PROVIDED BY THE MINISTERIAL ASSOCIATION. THIS ITEM WILL BE DISCUSSED AT THE
6/21 PUBLIC SAFETY COMMITTEE MEETING AND AT THE 6/28 BUDGET COMMITTEE MEETING.
ON 6/8 THE PLANNING DEPARTMENT SPONSORED AN ALL DAY SESSION FOR EFFECTED
CITY STAFF ON THE CAPITAL FACILITIES ELEMENT OF THE GROWTH MANAGEMENT ACT.
COUNCILMEMBER ORR AS CHAIR OF THE PLANNING COMMITTEE AND THE IMPACT FEE
COMMITTEE WAS ALSO IN ATTENDANCE. THE SESSION WAS VERY INFORMATIVE BUT
IDENTIFIED A TREMENDOUS AMOUNT OF WORK THAT NEEDS TO BE COMPLETED BY 7/l/94 .
THE PLANNING COMMITTEE DISCUSSES GROWTH MANAGEMENT AS THE LEAD TOPIC OF ALL
THEIR MEETINGS, SO THE COUNCIL WILL BE HEARING MUCH MORE ABOUT THIS.
WITH 4 COUNCIL MEMBERS HOOKED UP, CITY STAFF IS NOW SENDING COMPUTER MEESAGES
TO ALL COUNCILMEMBERS . FOR THOSE NOT HOOKED UP JAN BANISTER IS PRINTING
YOUR MESSAGES AND WILL PUT THEM IN YOUR BOX.
UPCOMING EVENTS
7/16-18 CORNUCOPIA / BALLOON CLASSIC
7/30 LAST DAY TO FILE RESOLUTION/ORDINANCE FOR 9/17 ELECTION
8/21-22 MILL CRK CANTERBURY FAIRE
R '?5 6PM KSD BRD RM COUNCIL MEETING WITH THE KENT SCHOOL DISTRICT BOARD
_4 ELECTION DAY FOR ANNEXATION TO KING COUNTY LIBRARY
9'/17 LAST DAY TO FILE RESOLUTION/ORDINANCE FOR 11/2 ELECTION
11/18 SNR CNTR 8TH ANNUAL TOWN HALL MEETING
12/4 WINTERFEST PARADE & HOLIDAY LIGHTING CEREMONY
OPERATIONS COMMITTEE MINUTES
June 1, 1993
COMMITTEE MEMBERS PRESENT: Christi Houser, Chair
Leona Orr
Jim White.
STAFF PRESENT: Tony McCarthy
May Miller
Roger Lubovich
Sue Viseth
Becky Fowler
Alana McIalwain
Charlie Lindsey
Don Wickstrom
MEMBERS OF THE PUBLIC: Bill Doolittle
The meeting was called to order at 4:03 p.m. by Chairperson Houser.
APPROVAL OF VOUCHERS
All claims for the period ending 4/30/93 in the amount of$1,147,646.19, for the period ending
5/14/93 in the amount of $1,665,044.22, and for the period ending 5/28/93 in the amount of
$1,411,687.77 were approved.
SENIOR HOUSING MINI BUS
Charlie Lindsey, Support Services Manager, noted that four bids were received for the Senior
Housing 9-10 passenger mini bus. He recommended that the low bid of Bryant Motors for
$39,282.01 be accepted, as all specifications were met. McCarthy explained that $44,000 has
been allocated out of the Senior Housing Project Budget for this van. White expressed that he
would like to have more justification before spending money on this van and at what point does
the City say this is all that can be done. Orr noted concern about who will pay for the
maintenance and upkeep on the van and whether the rent will be increased because the building
is suppose to be self-sufficient and pay for itself. She further noted that no contingency fund
has been set aside for replacement of stoves, refrigerators, washers, dryers, etc. McCarthy
explained that King County Housing Authority would be responsible for replacement of these
things. Doolittle noted that less than 50% of the residents are Kent citizens and that some
seniors have been rejected because of low income. McIalwain noted that Diane Willis of King
County Housing Authority can come to a future committee meeting with a report, information,
and address the concerns of the Council, if requested. Lindsey explained that if the bid is not
awarded by the June 15th Council Meeting, it will have to be rebid. It was the consensus of the
Committee to continue this item to the July 6th meeting so that the concerns expressed can be
addressed and explained by King County Housing Authority.
HEALTH INSURANCE UPDATE
Becky Fowler and Sue Viseth, Human Resource Analysts, updated the Committee regarding the
City's Health Insurance and how the new State legislation recently passed might affect it.
Fowler distributed copies of an update on the Washington Health Services Act of 1993 that she
had received at a Perkins Coie Law Breakfast meeting, and she explained that many issues have
not been addressed in that Act. She noted that the City will be mandated to move into the State
Program by 1995, and that the City will not be negotiating the benefits level because the State
will set it, but that the City will be negotiating the cost for each employee as it will be mandated
for the City to pay up to 50%. Fowler explained that a composite rate structure will be set up
by the State based upon the number of employees and that dual coverage for spouses will no
longer exist. She noted that cities will be hit with higher premiums even though the spouse will
not be covered by the other one's insurance. She informed the Committee that Blue Cross of
Washington and Alaska does not currently meet the States' requirements for certification and
they don't know if they'll be able to meet them by 1995.--Viseth noted that the Association of
Washington Cities feels the new legislation will be revisited a number of times before anything
is set in stone, and that other legislation, such as Initiative 602, could repeal some of the new
Act passed. Fowler distributed copies of information regarding the City's Health Insurance Plan
explaining where the City is currently and how much has been spent on claims thus far this year.
She noted that the City is 18% lower than what was projected but that it could change depending
upon usage. Upon Orr's question, Fowler explained the difference between the Teamsters Plan
and the City of Kent's Plan. Viseth explained that for $15.00 more a month per employee, the
City offers a family plan for orthodontia, dental coverage (including all preventative care at
100%), contact lenses and eyeglasses for all members of a family, health insurance at 100%
coverage with a$10.00 copayment for Doctor's office visits, and hospitalization at 100%, which
is more than what the Teamsters Plan covers.
ADDED ITEM
McCarthy distributed a revised memo of the Council Committee meeting schedules, date and
time of meetings. He noted that the first Tuesday of each month at 6:00 p.m. will be reserved
for any Council Workshops, if needed.
The meeting adjourned at 4:58 p.m.
KENT PLANNING COMMISSION MINUTES
May 24, 1993
The meeting of the Kent Planning Commission was called to order by
Acting Chair Heineman at 7 : 00 pm on May 24 , 1993 in the Kent City
Hall, Chambers West.
PLANNING COMMISSION MEMBERS PRESENT:
Edward Heineman, Jr. , Acting Chair
Gwen Dahle
Kenneth Dozier
Raymond Ward
PLANNING COMMISSION MEMBER ABSENT:
Christopher Grant
Albert Haylor
Kent Morrill
PLANNING STAFF MEMBERS PRESENT:
Fred Satterstrom, Planning Manager
Chris Holden, Recording Secretary
APPROVAL OF MARCH 8 , 1993 MINUTES
MOTION MADE and SECONDED to accept the March 8 , 1993 minutes as
presented. MOTION CARRIED.
ADDED COMMUNICATIONS:
Commissioner Dahle commented that the "Good Sam" club had requested
that they be able to use the rights of way on Willis Street for
overnight parking. Commissioner Dahle remarked she would be asking
the Public Works Department for an explanation.
Mr. Satterstrom informed the Commissioners that on Thursday,
May 27 , there is an all-day continuing education session for
Planning Commissioners. It will be held in Seattle at the Sheraton
Hotel from 8 : 30 to 4 : 30 pm. This program is being offered by the
APA and Planning Commission members are encouraged to attend.
Growth Management Update
Mr. Satterstrom gave a brief report on the status of the Growth
Management program. The State has extended the timeline for doing
the City' s Comprehensive Plan to July 1, 1994 . However, the
timeline to bring the development regulations into conformance with
the Comprehensive Plan have not been extended.
1
Planning Commission Minutes
May 24 , 1993
#ZCA-93-2 . Zoning Code Amendment relating to Nonconforming
Structures , Chapter 15. 08 .
The public hearing was opened. Assistant City Attorney Tom
Brubaker presented a brief summary of the proposed ordinance. The
ordinance will allow the Planning Director, under certain specific
conditions, to allow the re-construction of a nonconforming
structure in the event it is more than 50 percent destroyed by
fire, earthquake or other similar act of God. Mr. Brubaker
explained that developers have had problems with the ordinance as
currently written. Further, the Planning Director will have the
authority to consider the surrounding development as well as
require some modification of the re-construction to more closely
conform to the surrounding uses. In addition, the construction
must take place within one year of the Planning Director' s
approval. This is consistent with other sections of the Code which
require re-construction of a destroyed building to be done within
one year of the event.
Fred Satterstrom explained further the Zoning Code current
requirement that if a nonconforming use was more than 50 percent
destroyed it must be rebuilt to a conforming use. This requirement
applies even if the use was grandfathered. Therefore, developers
are having trouble getting financing. Finance institutions don't
want to loan money to uses that could become nonconforming because
of possible zoning changes.
It was MOVED, SECONDED and APPROVED to close the public hearing.
It was MOVED, SECONDED and APPROVED to approve the Zoning Code
amendment.
#ZCA-93-3 , ZONING CODE AMENDMENT RELATING TO THE PROCEDURE FOR
ZONING MAP AND TEXT AMENDMENTS TO THE ZONING CODE CHAPTER 15. 09 .
The public hearing was opened. Mr. Satterstrom explained the
request for the Zoning Code amendment. This amendment would have
all area-wide Zoning Map designations to be heard by the Planning
Commission while the site specific rezone proposals will be heard
by the Hearing Examiner. Because most area-wide zoning
designations usually involve policy, thus, it is preferable to have
a policy body like the Planning Commission to hold the hearings and
make the recommendations.
It was MOVED, SECONDED and APPROVED to close the public hearing.
It was MOVED, SECONDED and APPROVED to approve the Zoning Code
amendment.
2
Planning Commission Minutes
May 24 , 1993
#ZCA 93-4 ZONING CODE AMENDMENT ZONING CODE ENFORCEMENT
ORDINANCE. CHAPTER 15. 10.
The public hearing was opened. Assistant City Attorney Tom
Brubaker reviewed the necessity of amending the Zoning Code,
Chapter 15 . 10. He explained that Chapter 15 . 10 would be amended
and a new chapter, Chapter 1. 04 would be created. This new chapter
would allow the City to enforce Code violations through civil
process rather than criminal. For example, if a person would be in
violation of the City Code, the Director of the appropriate
department would notify the person of the violation. The violator
would have the opportunity to agree, by signing a violation
agreement, to rectify the violation. If the violator did not sign
the violation agreement or correct the violation, there would be a
hearing before the Hearing Examiner where fines could be assessed
against the property and violator. The City could then correct the
violation and file a lien against the property. Furthermore, if
the violator persisted in creating the violation, there could be
criminal charges filed against him and then the matter would move
on to court. However, with the civil proceedings, which would move
faster than criminal proceedings, the violations would be dealt
within a more timely manner.
There was discussion about the need for criminal charges. Another
matter discussed was the whether this was a revenue generating
ordinance or whether there were actually problems with violations.
It was observed that there could be unfairness to absentee
landlords in correcting a violation caused by others. It was
pointed out that the burden of correcting violations properly
belong to landowners.
It was MOVED, SECOND and APPROVED to close the public hearing.
It was MOVED and SECONDED to delete from the ordinance any language
regarding criminal charges. A general discussion followed.
Mr. Brubaker commented the proper procedure for administering the
violation ordinance would be to go through the civil procedures
first. However, if the violator still refused to correct the
violation, then, the harsher criminal procedures would be needed.
The criminal procedures provide an ultimatum in correcting the
violation.
MOTION FAILED for lack of a majority.
It was MOVED, SECONDED and APPROVED to approve the Ordinance as
written.
3
Planning Commission Minutes
May 24, 1993
Election of Officers
This item was postponed until more members can attend.
Mr. Heineman will be acting Chairperson until elections are held.
It was MOVED, SECONDED and APPROVED to adjourn the hearing at
8 : 50 PM.
Respectfully submitted,
Ja s Harris, Secretary
apc:pcmin5.24
4
CITY OF )o\L1!2 LS
CITY COUNCIL PLANNING COMMITTEE
May 18, 1993 4 : 00 PM
8fiQ1¢�RA
Committee Members Present City Attorney' s Office
Leona Orr, Chair Laurie Evezich
Jon Johnson
Planning Staff Other City Staff
Lin Ball Brenda Jacober
Jim Harris Tony McCarthy
Margaret Porter Alana McIalwain
Fred Satterstrom
GROWTH MANAGEMENT UPDATE - (F Satterstrom)
Planning Manager Fred Satterstrom reported the addition of a couple of
new staff persons in the Planning Department that will help on Growth
Management. Linda Phillips, a Planner from the City of Kirkland, will
start on May 20, 1993 , and Matt Jackson, a Planner from the City of
Bellingham who use to be the Department ' s Planning Intern, started on May
17 , 1993 . Both of them will be helping half-time on Growth Management
mandates. Also, Fred reported Kevin O 'Neill has been promoted to the
position of Senior Planner. He will be the Lead Planner on Growth
Management.
Manager Satterstrom said the new staff will be needed since the
Legislature passed SHB 1751 that granted an extension for meeting the
Comprehensive Plan deadline. The requirements to update the Development
Regulations into conformance with the Comprehensive Plan by July 1, 1994
was not extended. Therefore, Fred said it is good the Planning
Department got the staff, since the work program has doubled.
Lastly, the Planning Department and other city departments that deal with
Capital Facilities Planning are sponsoring a 2/3 day seminar on June 8 ,
1993 regarding Capital Facilities Planning under the Growth Management
Act. Consultants by the name of Henderson & Young are being brought in
to conduct this session. Fred asked Chair Orr to invite City Council
members to attend this seminar. Manager Satterstrom handed out a sample
agenda as to the topics that possibly will be covered.
HUMAN SERVICES ROUNDTABLE UPDATE - J. Harris)
First, Human Services Manager Lin Ball reported the Roundtable' s main
project for 1993 is the Healthy Families Project, which is the child
abuse and neglect project. This project is modeled after the Hawaii
Healthy Start Program. This project targets High Risk Families by
CITY COUNCIL PLANNING COMMITTEE MINUTES
MAY 18 , 1993
PAGE 2
providing intensive home services for parents of newborn babies who are
identified at risk. The targeting of high risk newborns occurs at the
hospital with screening of records and interviewing those identified at
the hospital on a voluntary basis. The program will teach good parenting
skills and also help to hook up those families to needed outside
resources as needed. Manager ball reported the first step of the
planning effort involves the design of the regional framework policies.
The second step will entail detailed implementation planning for two
pilot sites. Ms. Ball stated the Hawaii model has successfully shown
that families can survive and thrive without falling into a pattern of
child abuse if they are given support ,early on. The success of the
Hawaii project has been so great that there are 46 other states that are
looking at adopting a similar type of model .
Secondly, Ball reported the biggest victory for human services was the
passage of Health Care Reform, which will require that all residents be
covered with a package of essential benefits by July, 1999 . This project
legislation will serve as a model for the rest of the country.
Also, Ms . Ball reported many victories passed in the Legislative. The
Roundtable sponsored bill for Domestic Violence with three provisions
passed. The Criminal Justice Funding with the Legislature agreeing to
permanently fund criminal justice assistance including making permane,
the 1/10 of one percent sales tax authority for criminal justice without
going back to the voters and new incentive provisions passed. The change
in distribution of the Motor Vehicle Excise Tax in which 1/3 will go to
pay for public health department services and by 1995 Cities will no
longer have to pay for public health. This is a savings of $530, 000
based on the 1993 figure. On Housing, the $50 million in the Housing
Trust Fund was renewed in the capital budget. A Housing Policy Act was
passed which had no funding attached but had directives to encourage the
development and preservation of affordable housing and especially to
assist special needs groups . Lin reported the last bill that passed with
no funding attached calls for statewide coordinated planning for a
healthy families program.
Thirdly, Lin reported the Roundtable focused their retreat in March
around the integration of human services in all areas of Growth
Management Planning. The Roundtable feels it is crucial to integrate the
physical and social environments. Lin stated the City of Kent has made
this commitment from the beginning in its Comprehensive Planning effort
under GMA. The Roundtable is working on a process to work with Growth
Management Planning Council to discuss ways to promote connections
between growth management and human services planning. The Growth
Management Planning Council staff has suggested that the Roundtable
request authorization to prepare a proposed amendment to the countywide
planning policy section that discusses "human. and community services" in
September 1993 .
CITY COUNCIL PLANNING COMMITTEE MINUTES
MAY 18 , 1993
PAGE 3
1992-93 GROWTH MANAGEMENT ACT GMA GRANT .- SERVICE AGREEMENT WITH KING
COUNTY (F Satterstrom)
Planning Manager Fred Satterstrom reported the Growth Management Act
provides funding to cities and counties that are required to plan under
the Act, such as Kent. GMA funds are distributed to the City of Kent
through King County. This agreement is between the City of Kent and King
County for the distribution of these funds for the 1992-93 period. He
explained the service agreement is an updated version of the 1991-92
agreement which the City and County signed in March 1992 . Satterstrom
reported the funding level for Kent in the 1992-93 agreement is $34 , 242 ,
approximately $22 , 000 less than one year ago. He said, overall, growth
management funding from the state is down 54% since funding first became
available in 1990 . Manager Satterstrom gave an explanation of the three
attachments: Attachment 1 - Countywide Planning Policies Work Program,
Attachment 2 - Funding Allocations/King County Cities, and Attachment 3 -
Proposed GMA Process . Councilmember Johnson MOVED and Chair Orr SECONDED
a motion to recommend approval of 1992-93 Growth Management Act (GMA)
Grant Service Agreement with King County to be brought to the full
council on June 1, 1993 by resolution. Motion carried. Staff was asked
to call Jim Bennett to receive his approval so the item could be placed
under the consent calendar.
ADDED ITEMS:
MIDWAY DRIVE-IN TO USE FOR EVENT PRESENTATION - (J. Harris)
Planning Director Jim Harris reported the parties involved were invited
to the Committee meeting and that no application for a Temporary Use
Permit has been submitted yet. He explained the permit requires a zoning
variance would need to be granted in advance by the city council for such
location. If and when an application is received, Mr. Harris then
suggested that this item be reviewed by the Public Safety and the
Planning Committees before forwarding this item onto the City Council,
but to not do anything until this happens . Chair Orr and Councilmember
Johnson agreed. Assistant Attorney Laurie Evezich mentioned she tried to
call the parties involved.
DISCUSSION OF NEW MEETING TIME
Chair Orr suggested perhaps meeting once per month instead of twice per
month.
ADJOURNMENT
The meeting adjourned at 4 : 50 p.m.
PC0518 .MIN
Common Ground
Assistance for Non-Profit Housing Development JUN
�Y 1p�M
G DEP f v7J17
INNIN
June 2, 1493 clrr ofK ARrlyENT
ENT
Mr. Vincent Tom
King County Planning and Community Development
707 Smith Tower
506 Second Avenue
Seattle,WA 98104
Re: King County Housing Authority/YWCA Anita Vista
Dear Mr. Tom:
On behalf of the King County Housing Authority, I am writing to you today to provide an
update on the KCHA/YWCA Anita Vista development in Kent. We are progressing very well
at this time. The King County Housing Authority selected through an open bid process Dow
Commercial Construction to be the general contractor for this project. Dow was able to break
ground on March 8th. As of May 20th,48% of the construction had been completed. If you
drive by the site,you would see a fully framed structure with a partial roof. Roofing should be
completed next week and then Dow will begin working on the interior. Because of wet
weather, we have chosen to delay some of the off-site work. This will save approximately
$30,000 or more. However, this will result in a delay in the opening of the building.
Occupancy is now scheduled for September 1, 1993.
To date, we have drawn down $379,588 in Washington State Housing Assistance funds
and $339,398 of King County HOF funds. We will begin drawing down on Block Grant Funds
on June 25th.
I hope that this information provides you with a clear picture of where the Housing
Authority stands in regards to the KCHA/YWCA Anita Vista project. If you should have any
questions, please give me a call at 461-4500.
Sincerely,
zodw
Preston Prince
cc: Dan Kelleher, King County Housing Authority
Mariah Ybarra,YWCA of Seattle-King County
Ron Shelly, City of Renton
Betsy Czark, City of Kent
Judith Kilgore,City of Des Moines
Ms. Evelyn Boykan, City of Tukwila
Mr. Stacey Crawshaw,City of SeaTac
Ms. Caroline Sayre, King County Housing Opportunity Fund
107 Cherry Street • Suite 410 • Seattle.Washington 98104-2214 • (206)461-4500 FAX (206)461-3871
A r _- Can n 1990+o nc p av ropr
Washington State District t
v7fflDepartment of Transportation 15700 Dayton Avenue North
PO Box 330310
Duane Berentson Seattle,WA 98133-9710
�711
ww
Secretary of Transportation % � ���
206 440-4�j0
1
i
DATE: May 27 , 1993
•N� 4
TO: Mr. James Harris
City of Kent, Planning Director p7NO-IN DFKPAR l`NTI
220 South Fourth Avenue ClTyof
Kent, WA 98032
Subject: SR 181 MP 6. 63 CS 1779
Application for Short Plat
AT&T Short Plat
File No. SP-93-5
FROM: Richar Anderso�, �Utilities/Developer Services Engineer
Washington State Department of Transportation
District 1
15700 Dayton Ave. North, MS 113
PO Box 330310
Seattle, WA 98133-9710
Thank you for giving us the opportunity to review this short
plat which is located at the intersection of the West Valley
Highway and South 228th Street. Our response is checked
below.
X We have reviewed the subject document and have no
comments at this time. However we would like the
opportunity to review a traffic study at the time of
planned development.
The State recommends that a traffic study be prepared
to analyze the state intersections that are impacted
by ten or more of the project ' s generated peak hour
trips and also determine what mitigation measures, if
any, would be required.
If you have any questions, please contact Don Hurter at 440-
4451, SCAN 440-4451 or Vickie Erickson at 440-4452 ; SCAN
440-4452 of my Developer Services section.
VE:ve
filename
1.
PUBLIC WORKS CONM'I"rEE
DUNE 2, 1993
PRESENT: JIM BENNETT GARY GILL
JIM WHITE ED WHITE
PAUL MANN TIM HEYDON
TONY McCARTHY ALANA McILAWAIN
DON WICKSTROM JEAN PARIETTI
TOM BRUBAKER JACK BALL
MAY MILLER CHARLIE KIEFER
JACK BALL ELSY RUST
108th & 240th Traffic Signal
Wickstrom said that since 1989 there have been eight accidents at
the intersection of 108th & 240th and we are recommending
installing a traffic signal which would cost approximately
$140, 000 . Wickstrom said that we are proposing to fund the project
partly from an LID using the participation covenants obtained
during the development of the adjacent properties. Additionally he
noted that there is some City money remaining in the signal project
at 104th & 260th for which Target is now putting in at their own
cost. It is proposed that money would be transferred to this
project fund. Wickstrom stated that as far as timing, it takes
about a year to install a signal because of the time needed to
design, acquire right of way, and bid the job. Then the contractor
needs to order the parts and there is approximately a three to six
month lead time on those parts. Wickstrom said that the electronic
parts and poles are not "shelf" items. Wickstrom said that staff
has looked at temporarily using wood poles but the problem is there
is still a six month waiting period because we do not have a
controller. Jim White asked if we are under Federal or State
regulations on these signals. Wickstrom stated that we comply with
state requirements because of lawsuits. Bennett asked if any other
city has any stock parts we could use. Ed White stated that
because of liability issues, other cities are very reluctant to
loan expensive equipment such as the controllers. Bennett stated
that he feels the word "liability" seems to delay the progress of
what we want to do and somewhere along the line we need to get our
priorities straight. Bennett said that in this particular case it
is quite evident that safety is the primary factor. Bennett noted
that another consideration he has is the synchronization of this
signal with the signals at 116th & 240th and 104th & 240th.
Jim White asked for a motion to approve the signal installation and
then move on to what we can do in the interim.
1
Committee unanimously agreed to recommend installation of the
traffic signal at 108th Ave SE & SE 240th St. and recommended that
staff be directed to proceed with the project, establish a budget
therefore including transferring the $63 , 000 (balance) from the
104th Ave/260th St. signal project fund to this project fund and to
pursue the formation of the LID.
After the motion was made, Jim White asked what we could do until
the signal is installed. Ed White said that from a practical
standpoint, the only thing we can do is signage.
Committee unanimously recommended that signage be installed during
the interim time of waiting for the installation of the traffic
signal.
Ed White said that it would be a couple of weeks before the signage
is installed.
School District Sewer Line
Charlie Kiefer said that he received a letter from the School
District stating that a sewer line will be going down the private
road in front of the Kiefer residence. Kiefer asked if he will be
assessed for this sewer line and also, if he is ever annexed into
the City, will he be required to connect to the sewer line.
Wickstrom stated that the County Health Dept can require Kiefer to
connect to the sewer if his septic system fails or, if the property
is within 300 feet of the sewer line, the Health Dept. can require
a sewer extension and connection. Wickstrom stated that the City
has the same authority if the property were in the City limits.
Wickstrom further stated that the School District will probably ask
for a latecomers charge. The boundaries for these charges will not
be determined until the City receives plans from the School
District at which time we will see who would benefit from it. We
would then distribute the actual cost similar to an LID assessment.
Wickstrom said that it is all premature until we get the sewer
plan. Wickstrom said that Charlie would be required to pay upon
connecting to that sewer. In response to Kiefer' s request for a
written rule, Wickstrom said that state law allows latecomer
charges and that is primarily the rule. Based on an engineering
analysis, the City determines what properties would be benefitted.
Wickstrom said that the City, under the law, could notify a
property owner that the sewer is available and once that is done,
the property owner could be billed monthly for a sewer service
charge whether the owner connects or not. Wickstrom noted that we
do so in the case of a sewer LID project, but not for developers
extensions and we would probably not do so here.
2
Municipal Annexation of 2 . 56 Acres - 98th Ave & S. 231st St.
Wickstrom said that this property is owned by the City in
conjunction with developing Upper Garrison Creek Detention facility
and lies adjacent to the City limits in the area of Valley
Communication, north of James St. Wickstrom said this property
lies outside the city limits and we want to annex it for municipal
purposes to speed up the permit process.
Committee unanimously agreed to recommend annexation of the 2 . 56
acres at 98th Ave & S. 231st. Street, upon completion of the SEPA
process and with the assumption that a DNS would be issued.
Barrier at James St & 94th Ave S.
Jim White stated that per Wickstrom' s memorandum advising that
staff received a detailed presentation from the barrier company
representative, he has no problem with the installation of the
Dragnet Vehicle Arresting System, as requested.
Committee unanimously recommended installation of the Dragnet
Vehicle Arresting System at James St & 94th St.
212th St./SR 167 Wells & Treatment Facility
Wickstrom stated that this is our new wells and treatment facility
and the project is anticipated to overrun its budget by
approximately $300, 000. Wickstrom said this is a $5,400, 000
project; we went into it with only a 4% contingency when we started
the project and up to this last couple of months we thought we
would be within budget, but we are finding that there are three
primary problems contributing to the overrun. First, we had to
redevelop the wells; we developed them back in the early 180s.
They were ready to go into operation but when the contractor
installed the pumps and motors we started pumping a lot of sand and
we had to pull the pumps and motors out and redevelop the wells.
This involved a lot of down-time on the contract which meant more
engineering time, plus more contractor work. Wickstrom stated that
another reason is that the contractor has been very slow in
completing this job; spending over a year since it was originally
scheduled for completion. This has resulted in more engineering
expense per overseeing the work. The third issue is that we are in
litigation with the contractor. Wickstrom said that this could be
a result of some financial problems that he is experiencing; we
have received several Change Orders in the last couple of months
and he has brought his lawyers into the project. As a result, we
had to hire an outside lawyer which involves more money than we
anticipated. Wickstrom said we have outside engineers on this job
and now an outside attorney. He noted we need to keep them aboard
to insure that what we end up with is a good product and not spend
more than we have to. Wickstrom stated that the next move is up to
the contractor as to whether he wants to pursue litigation. We do
3
have punchlist items that the contractor is completing but we have
had to use our attorney to get him to respond to get the plant in
operation.
Wickstrom stated that these dollar amounts do not indicate what the
contractor is willing to settle for. Bennett said that he is
uncomfortable with this. Wickstrom said that if we don't get into
litigation, then this is probably what it would cost us were we to
settle on equitable terms. In litigation, we would have expert
witnesses and our attorney would have to go thru all the documents
to bring himself up to speed on all the issues. Bennett again said
he is uncomfortable with this because we have the $300, 000 there.
Bennett noted that from a citizens point of view it might be better
served to reduce the water rates or allocate the money back to the
citizens. Wickstrom explained that this money would cover some of
the expenses that are yet to be incurred and we still have one well
left to develop and we are looking at hiring another contractor to
finish developing that well. This would cover those expenses, plus
some money for contingency funds. Wickstrom explained that this
would really just cover the ongoing costs until the contractor
decides whether he is going to push full litigation. Brubaker
stated that this is a very sophisticated and complicated project;
we had a real problem with the sand in these wells and the biggest
problem with the sand is that it was not a fault of the contractor.
That gave the contractor a right to make a claim that every delay
and every problem he had was due to the sand. Brubaker stated that
he feels we will be sued and end up paying additional money.
In response to Jim White' s question, Wickstrom stated that the
original contract for this project was $3 . 4 million. The $5
million is the total project cost which includes the engineering
and prior development costs of the system.
After further discussion, Wickstrom stated that we are trying to
close this job and protect our investment.
Committee voted 2-1 to authorize the transfer to $300, 400. 00 from
the Uncumbered Water Funds to the 212th/SR167 Water supply and
Treatment Facility Project Budget (W48) .
Interlocal Agreement - Flood Control Plan
Wickstrom stated that one year ago we executed an agreement with
Auburn and King County to develop a Flood Control Plan for the
Auburn Mill Creek Basin. This agreement expires the end of this
month and there is anticipated work yet to be done. This agreement
is an addendum to the original agreement, essentially extending it
for 18 months, and includes work associated with the 194 work plan.
The cost to complete the existing work plus the 194 work program is
approximately $140, 000. All the money is presently available
within that particular project fund which means there is no budget
change. Wickstrom explained that 'the interest here is that we need
4
to control the basin because that will affect the levee heights
downstream.
Committee unanimously recommended authorization for the Mayor to
sign the tri-party interlocal agreement upon incorporating any
minor revisions thereto.
Traffic Signal Remodel @ 100th Ave & SE 240th St. Accept as
Complete
Wickstrom explained that this project is the completion of a
contract for improvement of 100th Ave & 240th signal which added a
pedestrian signal on the north side of 100th Ave. The project is
complete and we are asking for acceptance.
Paul Mann questioned whether the problem with accidents occurring
in front of the Nazarene Church still exists. Ed White was not
aware of any. Bennett stated that he was told that the church has
their grading permit to take access off to Alvord St which will
eventually alleviate the problem at the church.
Committee unanimously agreed to accept as complete the Traffic
Signal Remodel project @ 100th Ave & SE 240th St.
Water System Improvements - Phase II Accept as Complete
Wickstrom said this project was started a number of years ago to
make sure all of our facilities within the water system were up and
operating to their maximum capacity. This project is complete and
we are asking for acceptance of the contract.
Committee unanimously agreed to accept as complete the Water System
Improvements - Phase II contract.
Tractors/Mower Units - Bid
Wickstrom stated that these are bids for tractors for the Golf
Course. Tim Heydon explained that originally the Golf Course had
ordered mower units (self-contained units) and those did not hold
together as expected. Heydon said as a result, we are replacing
those early with tractors that pull units behind which are not
hydraulically driven but are shaft driven, which is a much simpler
system. Heydon explained that with this sort of arrangement, the
tractors are expected to last longer than the units that hang
behind. Heydon stated that the model of tractor requested has a
long waiting time and so we are asking for one of the models that
is slightly larger which is in stock and the other one we would
order at long term.
Committee unanimously recommended acceptance of the bid from
Coastline Ford Tractor for two tractors; one with immediate
delivery as well as ordering the additional one.
5
Committee unanimously recommended acceptance of the bid from
Superior Turf Equipment for two mower units.
Bill of Sale: Village on James St - Phase I
Bill of Sale: Midway Crossing
Committee unanimously recommended acceptance of the Bill of Sale
for Village On James St - Phase I and acceptance of the Bill of
Sale for Midway Crossing.
Canterbury Faire Ordinance and;
International Balloon Classic Ordinance
Brubaker stated that these are both standard street closure
ordinances.
Committee unanimously recommended approving street closure
ordinances for Canterbury Faire and the International Balloon
Classic.
Meeting adjourned 7 : 00 p.m.
6
I
PUBLIC SAFETY COMMITTEE MINUTES
JUNE 71 1993
COMMITTEE MEMBERS PRESENT: Paul Mann, Chair
Leona Orr
Jon Johnson
STAFF PRESENT: Chief Crawford
Dave Hacnel
Roger Lubovich
Tony McCarthy
Larry Webb
Jim Miller
Ed White
MEMBERS OF THE PUBLIC: Jean Parietti
The meeting was called to order at 5:30 p.m. by Chairman Main.
MUNICIPAL COURT PROPOSAL_
City Attorney Lubovich gave a brief history concerning the municipal court proposal, and noted that the
implementation plan is before the Committee for approval. He. explained that the original authorization
was to place the court in City Hall, but that concerns had been raised about placing it in City Hall so two
buildings have been located which could serve as a municipal court. Lubovich updated the Committee
on the savings in filing fees through Aukeen District Court, salaries and benefits for new court personnel,
the number of personnel needed, the advantages and disadvantages of the two buildings selected for a
possible site, the cost to remodel and run the building, and the new State legislation regarding the judge
and term limitations. He recommended that the old engineering building be selected as the site for the
municipal court as it would be adequate. He explained that in-custody arraignments, for the interim,
would be handled with the judge going to the corrections facility first thing each morning for the
processing until video arraignments are available through TCI Cable. Lubovich clarified for Mann that
the request before the Committee is to adopt the ordinance estahlishing a municipal court; approval of
positions needed; selection of the site; approval and allocation of $250,000 from the 1993 CIP Fund, as
approved by the Budget Committee; authorization to enter into a lease with Sound Ventures, if the old
engineering building is selected as the site; and authorization to proceed with implementation. Upon
McCarthy's question, Lubovich clarified that for the first few months the court would be operating at a
reduced staffing level, but that a judge, a court administrator, and one clerk need to be recruited by
November to begin establishing procedures, working on forms, and getting the system ready for
operation. He noted for Johnson that that it would he possible to have occupancy by August and
operation by November. Lubovich explained that a municipal court would control the scheduling to avoid
conflicts in schedules and eliminate overtime pay for Police officers. ORR MOVED for the adoption of
the ordinance establishing a municipal court; approving the selection of the 302 West Gowe site, which
is the old engineering building, as the site for the court; approval, as recommended by the Budget
Committee, for $250,000 from the 1993 CIP Fund for startup and remodeling; authorization to enter into
a lease with Sound Ventures; authorization to proceed with implementation and remodel; and approval
of the following positions: One Court Administrator (Level 30); two court clerks (Level 20); one court
clerk (Level 18); and one court clerk (Level 16), with the Court Administrator and one clerk to begin
working in November, 1993. Johnson seconded and the motion carried 3-0.
ADDED ITEM
(Added by Committeemember Orr)
Orr noted that she had received a request from some people who would like the City to look into the
possibility of providing a rest stop for motorhomes and RVs, and requested that it be added to the next
agenda.
CROSSWALKS
(Added Item - Chairman Mann)
Assistant City Attorney Haenel updated the Committee on what the State law covers as far as crosswalks
are concerned. He distributed copies of RCW 46.61.235 delineating pedestrians rights and right-of-way
in crosswalks, and explained Subsection 1 pertaining to when traffic signals are not in place or operation.
He noted that the State of Washington requires a vehicle to stop only if a pedestrian is on that side of the
crosswalk, and, if not, to proceed slowly enough not to endanger the pedestrian. Upon Orr's question,
Lubovich noted that about a year ago the City of Seattle did pass some kind of ordinance to yield the
right-of-way to pedestrians on the sidewalks and on the streets. Mann requested that a copy of the Seattle
ordinance be brought back to the next meeting for discussion. Chief Crawford state] that pedestrians
seem to have a false sense of security in thinking that all vehicles must stop, and noted that with two-lane
roads the drivers can see the pedestrian so they usually stop which is not necessarily the case with four-
lane roads. He explained that the first vehicle may sec and step for the pedestrian but that the second
one may not and just proceed as usual.
Mann noted a copy of a memo from Chief Crawford to Lt. Dave Everett regarding the crosswalk at 240th
and 108th. Chief Crawford explained that he had requested the Patrol Division along with the Traffic
Division to enforce and work that area a little closer. Upon Or question, McCarthy noted that Council
can take a look at the current policy in effect regarding new development requirements and change it to
require further improvements at the beginning rather than at the end of the development stage in order
to avoid any more casualties in the future. McCarthy noted that this item will be placed on the next
Public Works Committee meeting for discussion of a policy for timing of infrastructure improvements.
FIREWORKS
(Added Item - Chairman Mann)
City Attorney Lubovich explained that the Fire Department is concerned about and would like to see a
restriction placed on the discharge of fireworks. He noted that the City of Seattle and King County have
both limited it to one day - the 4th of July -from 9:00 a.m. to midnight. Fire Marshal Webb noted that
Redmond, Kirkland, and Bellevue have totally banned fireworks. ORR MOVED to draft an emergency
ordinance restricting the discharge of fireworks to July 4th only from 9:00 a.m. to midnight, and to have
it brought to the Council meeting of June 15, 1993 for adoption. Johnson seconded and the motion
carried 3-0. Lubovich clarified that the sale of fireworks won](] not be restricted by this ordinance. Orr
stated that a permanent restriction on discharge of and possibly limiting the sale of fireworks should be
addressed now for the future rather than revisiting the issue annually. Lubovich noted that the City Clerk
received a call from Mr. Rubenstein, 23621-112th Avenue SFI, Kent, urging the Council Committee to
prohibit the sale and use of fireworks in the City of Kent for 1993.
The meeting was adjourned at 6:40 p.m.