Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 12/07/1993 , I .................. 1 I. M........ f .......... .....II H I I .................... ..................H,4NIW1iIIHP1 I .... I ......H......,1 N..W.WMlP ,III414,IIM11111 I I � I". , ,INI I.vY1N x.nx.11n.lW Yw,.wl. ua„uN}tr anwx.,n.Nu...vxv.N.,uu I, N„ u,... y ...., .....4 .wMr..W.N. .x.ulvlx N.,N„a gg�� �1111�III6111t11�I�II��II'll��l9ill�� ��1611���o 10��!l fl� Ian �3i, i 1 sill$ r I. -ly II! r IIpA oNk� �i o I� MIII �It��l,, I a` fill I r 8 1 999 II iklli E 1 i E li el 3e PF�do .: € rs' RI � 1 pl Pt mnl I 1 lif!; I . i f��li � tl 111 lily h 1} !ii,. d l Il` I 1 1 , � Ilfl{ Hy I Ill��llil �3t l!i! I i3 1 II41IJµ111Wl11 PWV tll�"�atl I �l�ll ' lief iy I il,� !iai.ql i I I°; I kkkkkkkk I;!l i III I Ib IN RI" IAl q T • p 666IyJ! I 31'III'I4 I t I j�fit Il IL! � � �I, {�'�Y► ,NI �, wY. �tl,��h! lil I{Y�� � tlY I�IIf i I d ! rt It �;! �„ :, ,� • I �!,ii, , Il ; I;lia I In 'I 31 I , [V t r L I I � t(( �l I :F I pEEEE 1 jE[E[Ej}[ 3399 P[f Ii {pE 4€1 Ir If{{f[[1 ill i'tl �� ill �S"fl �II I rl ; wNl.l. �,,,.N.w...ml«N t I i) il. INIPflIIIVHI}#INF(}!YM}MN4H}t�tl II#INFIINHNf411}pMNt411PIM4EU II}HIII41111YIIIiH}IIIllillllllfllflllll'NN6WINNl{i�RNYgfNNkHI}IHIIIIIWII1111111r,YIIIIPU fell , € 3l€y r r,�hilf,ll�!�t l�llitllitit�tii�r�l: CITY OF � LSV SUMMARY AGENDA KENT CITY COUNCIL MEETING December 7 , 1993 T� TSa Council Chambers 7 : 00 p.m. MAYOR: Dan Kelleher COUNCILMEMBERS: Judy Woods, President Jim Bennett Christi Houser Jon Johnson Paul Mann Leona Orr Jim White CALL TO ORDER ROLL CALL 1 . PUBLIC COMMUNICATIONS A. Proclamation - Skyler Gronholz Day B. Proclamation - National Drunk & Drugged Driving Prevention Month C. Employee of the Month D. Regional Justice Center Update - Arts Committee 2 . PUBLIC HEARINGS �.A. Chestnut Ridge Annexation Proposed Comprehensive Plan Map Designation (CPA-93-2) �-/B. Chestnut Ridge Annexation Proposed Initial Zoning (AZ-93-1) 3 . CONSENT CALENDAR ✓A. Approval of Minutes Approval of Bills ✓C. Interlocal Agreement - Business Inspections - Fire Department -/D. Landing Way Street Vacation - Set Hearing Date Resolution ✓E. Everson Annexation - Set Hearing Date - Resolution' ?: ".% ✓F. Bridge Repainting (Meeker Street) - Accept Grant and Establish Budget ✓G. 94th Avenue Storm Improvements - Accept as Complete A. Cascade Commercial Park - Bill of Sale ✓I . 277th Corridor Property Acquisition ✓J. Yangzhou, China - Agreement ✓K. LID 344 - Traffic Signal at 108th & 240th - Set Hearing Date - Resolution �L. Cable TV Regulation - Bet Hearing Date - Resolution . 4. 1994 City Art Plan Budget �N. Council Excused Absence O. Bill of Sale - Oak Hill v`P. Bill of Sale - Red Robin vl�. Bill of Sale - The Meadow ,/R. Bill of Sale - Westminster Place (Continued on next page) 4 . OTHER BUSINESS ✓A. 1994 Property Tax Levy - Ordinance A. 1994 Budget - Ordinance C`. West Meadow Final Plat (FSU-93-2) �. Surplus of West Hill Fire Station l \,E. Growth Management Service Agreement - Resolution ,F. Public Defense Contract --t. Municipal Court Administrator - Confirmation vH. Municipal Court ordinance - Amendment .", iqi A . Harvey Preliminary Plat - One Year Extension ,,a. Soos Creek Sewer Annexation 5 . $IDS None 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. Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay service call 1-800-833-6388 or the City of Kent (206) 854-6587 . 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 - Skyler Gronholz Day B) Proclamation - National Drunk & Drugged Driving Prevention Month C) Employee of the Month D) Regional Justice Center Update - Arts Committee Kent City Council Meeting Date December 7 . 1993 ;�,,V Category Public Hearings 1. SUBJECT: CHESTNUT RIDGE ANNEXATION PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (CPA-93-2) 2 . SUMMARY STATEMENT: The Planning Commission has recommended approval of the proposed planned amendment changing the city- wide Comprehensive Land Use Plan Map to designate the entire Chestnut Ridge Annexation area as SF, single family, as depicted in Alternate Plan Amendment #1. 3 . EXHIBITS: Memo, Staff Report of 10/25/93 , and Planning Commission Minutes of 10/25/93 and 11/8/93 4 . RECOMMENDED BY: Planning Commission (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: d 7 . CITY COUNCIL ACTION: Councilmember � moves, Councilmember seconds to approve, moel-ifp -ar derry- the Planning Commission' s recommendation of approval for the Chestnut Ridge Annexation Area Comprehensive Plan Map Amendment as described in Alternative #1 (CPA-93-2) , and to direct the City Attorney to prepare the necessary resolution. DISCUSSION: y VL10� ACTION: Council Agenda Item No. 2A � CITY OF KENT CITY OF LLD PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM December 1. , 1993 lac?� MEMO TO: CITY COUNCIL PRESIDENT DY MODS AND COUNCIL MEMBERS FROM: MAYOR DAN KELLEHER SUBJECT: SUBMITTAL OF THE PLANNING COMMISSION' S RECOMMENDATION ON THE PROPOSED CHESTNUT RIDGE ANNEXATION AREA COMPREHENSIVE PLAN MAP AMENDMENT DESIGNATION (#CPA-93-2) As per RCW 35A. 63 . 072 and City Council Resolution #989, I am forwarding to you the Planning Commission' s recommendation on the comprehensive plan map amendment for the Chestnut Ridge annexation area (#CPA-93-2) . The Planning Commission held a workshop on this matter on October 11, 1993 and public hearings on October 25 , 1993 and November 8 , 1993 . Following the November 8th public hearing, the Planning Commission voted to amend the City-wide Comprehensive Land Use Plan Map to designate the entire Chestnut Ridge Annexation Area as SF, Single Family, as depicted in Alternative Plan Amendment #1 attached. Also, as per RCW 35A. 63 . 072 and City Council Resolution #989 , within 60 days of receipt of the Planning Commission' s recom- mendation, the Council shall vote to approve or disapprove as modified the proposed amendment(s) . The Council also has the option of referring the matter back to the Planning Commission for further proceedings. Attached to this memo are the following : 1. Council Resolution #989 2 . Staff Report to Planning Commission (10-25-93) 3 . Planning Commission minutes ( 10-25-93 and 11-8-93) JPH/mp:ChRidgCC.com Attachments cc: James P. Harris, Planning Director Fred N. Satterstrom, Planning Manager RESOLUTION NO. 1 lJ A RESOLUTION of the City of Kent, Washington, concerning the procedure for City Council review of recommendations of the Planning Commission for the Kent Comprehensive Plan. WHEREAS, RCW 35A.63.060 directs every City to direct its planning agency to prepare a comprehensive plan for anticipating and influencing the orderly and coordinated development of land and building uses of the code city and its environs; and WHEREAS, RCW 35A.63.070 sets forth specific requirements for notice and public hearing by the planning agency concerning a comprehensive plan, or successive parts thereof; and WHEREAS, RCW 35A.63 .071 and RCW 35A.63 .072 provides for transmission of comprehensive plan recommendations, and consideration by the City' s legislative body in public meeting of those recommendations; and WHEREAS, the City of Kent has established a Planning Commission to conduct public hearings pursuant to Chapter 35A.63 RCW; and WHEREAS, it is a disservice to the Planning Commission and the members of the public who appear at Commission hearings for the Council to accept and consider information not before the Commission, and to conduct supplemental hearings; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to RCW 35A.63 .072, within sixty days of receipt of recommendations for the Comprehensive Plan, the City Council will consider the recommendations at a public meeting. Section 2. At the public meeting the Council will also consider such other written submittals that are filed with the City prior to the public meeting, concerning the recommendations of the Planning Commission. Section 3 . Following the public meeting the Council shall vote to approve, or to disapprove, or to modify and approve as modified, the comprehensive plan. The Council may also vote to refer the comprehensive plan back to the Planning Commission for further proceedings, in which case the Council shall specify the time within which the Planning Commission shall report back its findings and recommendations on the matters referred to it. Passed at a regular meeting of the City Council of the City of Kent Washington this ,7/ day cf rN 1983. Conc rred in by the Mayor of the City of Kent, this day of _, 1983. ; I ISABEL HOGAN, MAYOR / ATTEST: MARIE JEN N CITY CLEF APPROVED AS TO FORM: i P. 'STEP E DIJULIO, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. 1J 99 passed by the City Council of the City of Kent, Washington, the day of IX4,erll , 1983. (SEAL) MARIE Ja`1S.RN, CI'175.' CLERK 5557-94A CITY OF L"Ltl�� CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM op®IIc�Q October 25 , 1993 MEMO TO: ED HEINEMAN, CHAIR, AND MEMBERS OF THE PLANNING COMMISSION FROM: MATTHEWS JACKSON, PLANNER SUBJECT: PROPOSED COMPREHENSIVE PLAN MAP AMENDMENT: CHESTNUT RIDGE ANNEXATION AREA INITIAL COMPREHENSIVE PLAN MAP DESIGNATION #CPA-93-2 Background- On April 6, 1993 , the City Council passed Ordinance No. 3099 approving the annexation of 186 . 66 acres of land known as the Chestnut Ridge Annexation Area to the City of Kent. Chestnut Ridge became a part of the City of Kent on May 6, 1993 . Although this site is located adjacent to the former city boundary, there is no City comprehensive plan designation for the area. This proposal is to amend the City of Kent Comprehensive Land Use Plan Map in order to establish comprehensive plan designations for the Chestnut Ridge Annexation Area. This proposal is being heard concurrently with a zoning code amendment to rezone the area from its current interim zoning of R1-20. The site is generally bordered by 92nd Ave S. on the west, S. 200th Street on the north, 100th Ave S. on the east, and S. 208th Street on the south. A portion of the site extends south of S. 208th Street to S. 212th Street at the southwest corner of the property (SEE, attached site map) . The area includes approximately 294 parcels of land, 263 housing units (all single family) , and 743 residents. Existing Land Use: The proposed amendment site lies on a portion of lower East Hill (SEE, attached vicinity map) . Land use in the area consists mainly of single family residences. Springbrook Elementary School is located in the northeast corner of the site. There are also horse pastures in the area. Significant plats in the area include the divisions of Chestnut Ridge, Valley View Heights, Starview Estates, and Whitney Heights. There is a mixture of lot sizes in the area, however, there are a substantial number of lots in the 8 , 000 - 10, 000 square foot range, 1 Memo To: Ed Heineman, Chairs, and Members of the Planning Commission Subject: Proposed Comprehensive Plan Amendment: Chestnut Ridge #CPA-93-2 as well as 1 - 1. 5 acres . A number of the larger parcels of land are either undeveloped or underdeveloped. Environmental Considerations: Portions of the site have significant development and access constraints due to topography. The North Fork of Garrison Creek is located on a portion of the southwest tip of the site. Slopes on the subject property range from 3-4 percent to those exceeding 25 percent. Areas with slopes exceeding 15 percent can potentially be classified as class 3 seismic hazard areas. Class 3 seismic hazard areas means those areas subject to severe risk of earthquake damage. These areas can also have high landslide potential. The City of Kent has an inventory of low, moderate, and high hazard areas, as well as restrictions on hazard area development. This area will be reviewed for inclusion in the City' s inventory of hazard areas. There are no inventoried wetlands on the site, but drainage in this area will be an issue for new development. There is a variety of vegetation including many significant trees. New development in this area will also have to protect views through the view regulations of the City of Kent Zoning Code. Access: Because the site has such significant topographical constraints, there is limited access to the site. Primary access can currently be made from S. 208th Street at 96th Ave S. , and from 100th Ave S. at S. 203rd Street. Traffic impacts are already significant in the area at peak hours and are of concern to neighborhood residents. METRO transit does provide service to the area along S. 203rd Street. Land Use Plans and Zoning: Prior to annexation, the Chestnut Ridge Annexation Area was included in the King County Soos Creek Community Planning Area. The Soos Creek Community Plan and Area Zoning Update was completed in 1991. This plan updated the previous plan which was adopted in November, 1979 . The King County Comprehensive Land Use designation for the subject area is Urban. The Urban designation applies to areas planned for growth at a range of residential densities, where urban public facility and service standards will apply. The Soos Creek 2 Memo To: Ed Heineman, Chairs, and Members of the Planning Commission Subject: Proposed Comprehensive Plan Amendment: Chestnut Ridge #CPA-93-2 Community Plan designated the area Single Family, 4 - 8 units per acre. The Soos Creek Community Plan also called for the phasing of development. These policies called for phasing blocks of residential development in order to synchronize development with the availability of services to allow service providers to anticipate and plan for growth. Phasing is a plan for growth and to encourage efficient use of urban land before opening new areas to urban development . The plan designates the Chestnut Ridge area as Phase 1. These are lands immediately adjacent to the incorporated cities and near existing urban activity centers. These areas are planned to receive growth first, because of their proximity to urban services and resources . The previous King County zoning for a majority of the subject property was RS-7200, Single Family , 1 unit per 7 , 200 square feet.. The property bordered by S . 200th Street, 92nd Avenue S. , and S. 202nd Street, excluding the school property, as well as the parcel of land extending from S. 212th Street to S . 208th Street, east of 92nd Avenue S. , was zoned GR-5, with a potential zoning of RS-5000, Single Family, 1 unit per 5, 000 square feet. GR-5, Growth Reserve, 1 unit per 5 acres, is an interim zoning which expires on December 31, 1994 . At this time the potential zoning becomes effective. GR-5 zoning is applied to undeveloped and underdeveloped single family designated lands in Phase 1. A small portion of land located north of S. 208th Street, from 92nd Avenue S. approximately 650 feet to the east and 850 feet to north, was zoned SR-9600, Single Family, 1 unit per 9 , 600 square feet. The interim zoning for the Chestnut Ridge area is R1-20, Single Family Residential, 1 unit per 20, 000 square feet. This zoning is applied to all newly annexed property to the City. Adjacent City of Kent zoning ranges from RA, Residential Agricultural, to O, Office. Neighboring land uses include single family dwellings, a City of Kent water treatment facility, and a golf driving range which is under construction. Short plat activity has occurred on properties fronting on 92nd Avenue S. on one acre lots, and potentially 12 , 000 square foot lots. The City of Kent also has a "Single Family Designated Area Overlay, " which targets areas where only single family residential housing development should occur. This overlay was created to preserve and create single family neighborhoods in areas where more dense types of development are not appropriate. The area abutting 3 Memo To: Ed Heineman, Chairs, and Members of the Planning Commission Subject: Proposed Comprehensive Plan Amendment: Chestnut Ridge #CPA-93-2 the annexation area to the south is included in the Single Family Designated Area Overlay Map. Plan Amendment Alternatives and Analysis: Planning staff evaluated two alternatives for comprehensive Plan designations for the area. On September 81 1993 , the Planning Department held an open house at Springbrook Elementary School to get public feedback on neighborhood issues and concerns, zoning alternatives, and comprehensive plan alternatives. The issues of greatest concern to residents are traffic mitigation, rural character and open space, and preserving the single family neighborhood. A questionnaire was completed by 56 people, and those concerns were addressed in evaluating plan amendments. The area west of the subject property is included in the Valley Floor Plan. The section between S. 208th Street and S. 212th Street is designated as O, Office and Professional. The section north of S. 208th Street is designated SF, Single Family. The area south of the annexation area is included in the eEast Hill Area Land Use Plan. This area is designated SF 6, Single 4 - 6 units per acre. The areas north and east of Chestnut Ridge are not included in the Comprehensive Plan. Compatibility with existing designations was considered in evaluating the two alternatives. Comprehensive Plan Alternative 1 designates the entire area SF, This alternative Single Family (SEE, attached Alternative i map) • of the area, takes into consideration the constrained topography the existing single family character of the neighborhood, and compatibility with adjacent uses and designations. Applicable densities for this area would be SF 6 , 4 - 6 units per acre north of S. 208th Street, and SF 1, one unit per acre for the large parcel between S. 208th Street and S . 212th Street. Single family land uses at these densities would be comparable to existing uses and have less of an impact on the existing infrastructure. Comprehensive Plan Alternative 2 designates the portion between S. 208th Street and S. 212th Street, and the portion north of S. 208th Street, extending east from 92nd Avenue S. 650 feet, and north 850 feet as MF, Multifamily (SEE, attached Alternative 2 map) . An appropriate density for this designation would be MF 12 , 7 - 12 units per acre. This represents an attempt to allow similar densities as the previous King County designations allowed. King County regulations allow both cluster and planned unit developments 4 Memo To: Ed Heineman, Chairs, and Members of the Planning Commission Subject: Proposed Comprehensive Plan Amendment: Chestnut Ridge #CPA-93-2 in single family zones. Though overall density is the same over an area, individual lots may be less than the underlying zoning minimum. In addition, multifamily units may be allowed in PUDs. The areas chosen for the MF designation are those where proposed PUD' s have been discussed. The remaining area would be designated SF 6 . The idea behind this alternative is to give residents of Chestnut Ridge the same kind of development potential they expected under King County regulations. Since the Soos Creek Community Plan was updated so recently, a lot of research and work had already gone into assessing the future for this area. Unfortunately, it appears little consideration of the topography and other constraints in the area was given in zoning for higher densities. In addition, multifamily housing would not be compatible with the existing single family neighborhood. Staff Recommendation: Based on the findings and conclusions as outlined above, the Planning Department staff recommends that the Planning Commission recommends to the Kent City Council to: 1) Amend the City-wide Comprehensive Land Use Plan Map to designate the entire Chestnut Ridge Annexation Area as SF, Single Family, as depicted in Alternative Plan Amendment #1 attached. 2) In addition, the "Single Family Designated Area Overlay" map shall be amended to include this area. MJ/ch:cpa932 Enclosures cc: Fred Satterstrom, Planning Manager James P. Harris, Planning Director 5 ■ C3 ORMan og zm moll •ram; a NOR ■Bf�i��i�l�e�\'�1�7s�S': MIIII�is9111 9� 7c3 �y��®a�® y` s�� etc.♦ �� ' ^ , ^ CHESTNUT RIDGE ALTERNATIVE I SINGLE FAMILY (� [' 1 .]| | 1 UNIT PER ACRE SINGLE FAMILY ��[ � V.�| 4-6 UNITS/ACRE CITY L|W|T5 ,.,�"`,S F ANNEXATION AREA DESIGNATION BOUNDARY CHESTNUT RIDGE COMPREHENSIVE PLAN ALTERNATIVE 2 S- w Q x - m m S. 200TH. ST. F 02 T. � 1 4.t c SINGLE FAMILY J 4-6 UNITS/ACRE JI M MULTIFAMILY 7-12 UNITS/ACRE H J , 2 W m CITY LIMITS ANNEXATION AREA 0 a 1 DESIGNATION BOUNDARY CRY OF 7HAlYl d • t 5 . L. � � H 7NPICLA KENT PLANNING COMMISSION MINUTES October 25 , 1993 The meeting of the Kent Planning Commission was called to order by Acting Chair Heineman at 7 : 00 pm on October 25, 1993 in the Kent City Hall, Chambers West. PLANNING COMMISSION MEMBERS PRESENT: Edward Heineman, Jr. , Acting Chair Gwen Dahle Kenneth Dozier Albert Haylor Robert MacIssac Janette Nuss Raymond Ward PLANNING COMMISSION MEMBER ABSENT: Christopher Grant Kent Morrill, excused PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Matt Jackson, Planner Kevin O 'Neill, Planner Laura Evezich, Assistant City Attorney Ed White, Traffic Engineer Chris Holden, Recording Secretary APPROVAL OF SEPTEMBER 27 1993 MINUTES MOTION MADE and SECONDED to accept the September 27 , 1993 minutes as presented. MOTION CARRIED. NOTICE OF UPCOMING MEETINGS Mr. Harris informed the Commissioners that a Capital Facilities Plan meeting is sheduled to held on November 30 , 1993 from 5-9 PM. `CPA-93-2 CHESTNUT RIDGE An amendment to add a newly annexed area of Kent to the City' s Comprehensive Plan and Land Use Map. The area is bounded by S. 200th Street on the north, 100th Avenue S. on the east, S. 208th Street on the south and 92nd Avenue S. on the west. City staff is recommending that the area be designated as SF 6 , Single Family, 1 Planning Commission Minutes October 25, 1993 north of 208th Street and SF 1, Single Family, south of 208th Street. Matt Jackson, Planning, showed the newly annexed on the view foil. The area was annexed on April 6,' 1993 by Ordinance #3099 . The interim zoning for the area is R1-20, Single Family, 20, 000 square feet minimum lot size. The area is mainly single family residences with one school, Springbrook Elementary . Most of the lot sizes can be put into two groups: 8 to 10, 000 square feet and 1 to 1z acres. However, there are some under- developed parcels in the area as well as significant environmental constraints. Some slopes in the area range between 3 and 4 percent and others exceed 25 percent. Slopes which are above 15 percent can have significant hazard area development restrictions . Mr. Jackson pointed out on the view foil the location of the significant slopes areas. The Chestnut Ridge area was under the King County Soos Creek Plan with designations of single family. The King County designation for the area was Urban and the Soos Creek Plan designated the areas as single family with a density of four to eight units per acre. This area was also under the King County Phase 1 designation. Mr. Jackson commented that the majority of surrounding land use in the area has been designated as single family. In addition, there is a golf driving range being constructed in the area. Mr. Jackson remarked that the Single Family Designated Area Overlay should be amended to include this annexation area . There are two alternatives recommended. Alternative 1 is SF 61 Single Family Residential, 4 to 6 units per acre north of S. 208th Street and SF 1, Single Family Residential, one unit per acre for the large parcel between S. 208th Street and S . 212th Street. Alternative 2 designates the portion between S. 208th Street and S. 212th Street and a portion north of S. 208th Street, extending 650 feet east of 92nd Avenue S. , and north 850 feet, as MF 12 , Multifamily Residential, 7 to 12 units per acre. The remaining area should be designated SF 6 . Mr. Jackson commented the justification behind the SF 1 designation is because of the significant slopes in the area as well as the fact that Garrison Creek is in the area. About 29 acres are located within this designation. Chair Heineman asked if the public would like to comment. 2 Planning Commission Minutes October 25, 1993 Ron Harmon, 20627 95th Avenue S. commented that in the area designated as SF 1, there are very steep slopes. In addition there are also wetlands in the area. Gale Harmon, 10627 95th Avenue S. , spoke about the development of the valley over the years. She felt it was very important to keep green belt areas. There are several animals and birds located in this area. She favors having zoning of R1-9. 6 or one unit per acre. Ms. Harmon pointed out on the view foil where she resides. She lives on three-quarters of an acre overlooking the valley. Bill Scribner, 20424 92nd Avenue S . , commented there are water problems in the area. He commented he ' s lived here for twenty years. He resides below the Chestnut Ridge area . He stated there has always been some water seepage in the area but since the hill has been developed, there have been serious water problems. King County put in a drain down the hill to help the water problem, but the water problem became worse. In the past 20 years, two areas have slid off the hill. One landslide block 92nd Avenue S . for three days. Mr. Scribner pointed out where he resides on the view foil. He felt that more development would create more problems. Mr. Scribner pointed out on the view foil where some bulldozing had been done. Since that time, the water flooding problem has become even worse. Mr. Scribner was in favor on Alternative 1. He submitted some three pictures to the record. Randal Thomson, 9406 S. 205th Place, pointed out his residence on the view foil . Mr. Thomson commented that since the Chestnut area was developed, there have been two instances of flooding under his house. Last year he redid his drainage system because of water flooding his garage. Mr. Thomson remarked about water problems in the areas. He felt there shouldn ' t be any building allowed on the hillside because of the steepness of the slopes . Mr. Thomson talked about exiting the area and the difficulty in getting onto 212th. He mentioned the 208th and 212th intersection is actually a three-way intersection and if there ' s an accident, which seems to be about once a week, then all the traffic gets backed up. The soil in the area is mainly clay. Edward Schemeta, 9405 S. 205th Place, lives across the street from Mr. Thomson. He showed his residence on the view foil. Mr. Schemeta commented the area has been developing and changing since 1977 when he moved into his residence. He was very pleased about being informed by the City of what is happening as well as being able to participate in the hearings and meetings regarding the area. Mr. Schemeta talked about the development of high density creating traffic problems. If any development is allowed 3 Planning Commission Minutes October 25, 1993 on the hillside, traffic will become really terrible. He didn't see how anyone could safely enter or exit that area. Mr. Schemeta remarked that 208th would have to be expanded to be a four-lane road with a left-turn lane. He mentioned Saar Cemetary and the loss of a historical site. He is in favor of Alternative 1 but would really prefer to have the entire area be zoned SF 1. Jonn Kastien, 20609 94th Avenue S . , pointed out location of residence on the view foil . Mr. Kastien commented they live on the edge of the ridge and the slopes are quite steep. He recommends that someone should come out and look at the area. Mr. Kastien felt that SF 1, minimally, should extend up through the valley. In the staff report on page 2 , paragraph 2 , there is a comment about no wetlands are on the site. Mr. Kastien, however, had a letter from the King County Conservation District stating there were two wetlands on the site. Mr. Kastien submitted the letter to the record. Norma Kastien, 20609 94th Avenue S. , would like the SF 1 designation extended further and would like to see Alternative 1 approved. Ms. Kastien commented that there are several residences located along the ridge. She stated the soil consists mainly of Alderwood soil which is very erodible. She commented she has a view from her lot. However, she wasn 't concerned about the view. Ms. Kastien was more concerned about the impact of major development causing a disturbance to the soils and slopes which would create problems . Their property is about a quarter of an acre in size. Mr. Harmon commented that the requests to extend the SF 1 designation would be where the MF 12 designation is being shown on Alternative 2 . Howard Woodward, 9623 S . 203rd Street, pointed out location of property on the view foil . Mr. Woodward is also representing the Chestnut Ridge Homeowners Association. He pointed out on the view foil the slopes in the area. He mentioned another development in the King County area that the driveways are very long and v-sloped inward to catch the water because the slopes are very severe. The Homeowners Association prefers the area be designated as shown under Alternative 1 . Mr. Woodward expressed concerns about the traffic and water problems especially if further development takes place. Joel Ross, 1662 Dahlia Lane, Tumwater, WA, representing the property owner of the 29-acre parcel bounded by 208th and 212th Street. He pointed out the property on the view foil. Mr. Ross 4 Planning Commission Minutes October 25, 1993 commented that because of the extreme slopes of the hillside and other sensitive areas on the site, the site' s best developable use would be to construct cluster housing instead of the single-family housing. He mentioned that his presentation is focused on the zoning portion because there is no appropriate zoning available to develop the property in a low-density manner. He would like to read into the record a letter he prepared stating the reasons for the cluster housing zoning. Mr. Ross commented the property owners do not desire either Comprehensive Plan designation which would be more fully understood after hearing the letter. At this point, Mr. Harris succinctly stated that this testimony should be heard under the zoning portion of the hearing and not the Comprehensive Plan portion. Mr. Ross retired until time for public testimony on zoning. Andrew Fuller, 20628 95th Avenue S . , pointed out the location of his residence. Mr. Fuller commented that any increase in development over the larger single-family housing developments would be unfortunate. Kent already has a large proportion of multifamily housing and there would have to be a very compelling reason why more multifamily housing would be constructed in Kent. Mr. Fuller felt the potential sliding of the hillside if there was development, and the increase in traffic congestion should determine that higher density is unacceptable. He understood that cluster housing is a large number of dwellings are constructed in one area and then more common yard area is provided. This would make sense if the steep slopes or other sensitive areas were left undisturbed. He was in favor of Alternative #1 . Anne MacTavish, 20437 94th Avenue S, pointed out where she resides. Ms. MacTavish is in favor of Planning staff ' s recommendation for a Comprehensive plan alternative 1, although her preference would be for a lessor density. This is mainly because of the steep slopes in the area. Ms . MacTavish commented that when the Chestnut Ridge development was constructed, their residence started having flooding problems. They had- to put in a new drainage system that would carry the water from their front yard to the back yard. Ms. MacTavish pointed out the steep slopes in the area. She felt any further activity in this area could possibly cause landslides. The size of the lots in the their area range from one-half acre to an acre. Bruce MacTavish, 20437 94th Avenue S. , Kent, WA 98031, is in favor of Alternative #1. He felt that the SF 1 area should also be extended to include the steep hillsides . He had two concerns; one 5 Planning Commission Minutes October 25, 1993 was the steepness of the slopes and the other was the limited access to 208th. Elaine Fleming, 20541 92nd Avenue S . , pointed out the location of their property, across 92nd from the Chestnut Ridge development, and they are also affected by water run-off in the area as well as mud. In addition, 92nd Avenue S. is not straight and traffic is quite heavy there. She wanted the least possible density placed on the property. Mr. Ross elucidated the reasoning why the property owners he was representing didn' t support either alternative recommended by staff. This site wouldn 't support a development of potentially 203 to 348 residential units. The flat benches on the property would support the development 60 to 80 of townhouses, triplexes and fourplexes . This clustered housing type of development would not impinge on the sensitive areas located on the property. The public hearing was closed. A brief discussion followed concerning the surrounding zoning and the property size around the annexation area. Mr. Jackson commented that the east side of the annexed area is in King County and the exact zoning is unknown. He showed on the view foil the lots that were less one acre. The City would like to avoid, however, any situation of creating lots which would be nonconforming. Mr. Jackson stated there is some smaller lot development taking place in the surrounding area. There was discussion about the feasibility of deciding the Comprehensive Plan designation on the property at this time. It was decided that the recommended zoning portion would be heard first and then questions from the Commissioners would be heard and discussion of the feasibility of both plans would be discussed and a recommendation made. #AZ-93-1 CHESTNUT RIDGE ANNEXATION AREA INITIAL ZONING This area, which is approximately 187 acres, is generally bounded by S. 200th Street to the north, S. 208th Street to the south, 92nd Avenue S. to the west, and 100th Avenue S. to the east (see attached maps) . Subsequent to the annexation of the area by the City, the entire area was zoned R1-20 (Single-Family Residential) , pursuant to Section 15 . 03 . 020 (E) (2) of the Kent Zoning Code. The purpose of this process is to establish initial zoning for the annexation area, as outlined in Section 15 . 09 . 055 of the Zoning Code. 6 Planning Commission Minutes October 25, 1993 The public hearing for AZ-93-1 is opened. Kevin O 'Neill, Planning Department, focused on the alternative zoning recommendations and the rationale behind the recommendations. Mr. O 'Neill explained the Planning Department has several areas in the City and nearby listed on a Hazardous Area Map and even though this area was not in the City at the time the map was done, the area is shown on this map. Several hazardous areas are depicted. Development would be restricted on those parcels due to restrictive regulations. Mr. O 'Neill commented that environmental constraints are considered when property is being developed. Mr. O 'Neill commented the Kent Zoning Code does not currently allow clustered development. He commented the previous King County zoning on the site is RS-7200, one lot per 7 , 200 square feet. Another area was designated as RS-9600, one lot per 9 , 600 square feet, which would be a density of four units per acre. Another area was zoned Growth Reserve, which is a holding zone, one lot per five (5) acres until the end of 1994 , at which time the lots would revert to RS-5000 . Mr. O 'Neill explained that in single family zoned areas, King County allows two types of development: Planned Unit Developments and "cluster development" . King County in determining the density of Cluster development would look at the gross density of the parcel. For example, if the site was twelve acre size and zoned RS-9600 zoning, under a Cluster development, approximately 48 units could be developed on the site. However, clustering means not every lot would have to be 9 , 600 square feet. It would be possible to make some of the lots smaller as long as the overall density wasn't exceeded. The Chestnut Ridge area is somewhat of a cluster development because when it was platted, the King County zoning designation was RS-9600 but some of the lot sizes in that area are less than 9 , 600 square feet. The Kent Zoning Code does not allow either of those two types of development to occur. Mr. O 'Neill commented that 9 , 600 square feet equates to approximately one-quarter of an acre. There are three zoning alternatives recommended by staff and the community. However, the Planning Commission can recommend any of the three or a combination of the three or whatever it determines . Alternative 1 would recommend RA, Residential Agricultural, zoning for the area south of 208th, which is one unit per acre. This would be consistent with the Comprehensive Plan designation of SF 1. For one area to the north, the recommendation is R1-9 . 6 which would be comparable with King County zoning of RS-9600. For the remaining properties, the recommendation is for R1-7 . 2 , Single Family Residential (minimum lot size of 7 , 200 square feet) . 7 Planning Commission Minutes October 25, 1993 Alternative 2 recommends R1-12 , Single Family Residential, minimum lot size of 12 , 000 square feet which would allow about three units per acre for the area south of 208th. For the area north of 208th, the area is recommended to be zoned R1-7 . 2 , Single Family Residential. Alternative 3 is very comparable to the Comprehensive Plan Alternative 2 . There are three recommended zoning designations: MRD, Duplex Multifamily Residential, for the area south of 208th as well as a portion to the north; R1-7 . 2 , Single Family Residential for the area south of 202nd; and R1-5 . 0 , Single Family Residential (minimum lot size of 5, 000 square feet) for the area to the north of 202nd. Staff is recommending Alternative 1. This would be consistent with previous staff recommendations of Comprehensive Plan, Alternative 1. The rationale behind this recommendation is that the land is heavily environmentally constrained with stream corridors, ravines and steep slopes . Thus, this recommendations allows for the lowest single-family residential density available under the Kent regulations. Mr. O 'Neill pointed out that if the Commission recommends that a lower Comprehensive Plan designation for the area north of 208th, then the zoning designation should be the same. For example, any area designated SF 1 on the Comprehensive Plan, it should be zoned RA, because that zoning designation would be consistent with the Comprehensive Plan designation. Commissioner Haylor asked if the topography was different for the area to the north of 202nd since both King County and the Planning Department under Alternative 3 recommends a lower density that the rest of the area. Mr. O'Neill replied that area does not seem to contain any environmentally sensitive areas. He explained that under the Soos Creek Plan, any undeveloped or "underdeveloped" parcels of land that were close to existing City limits were given higher density zoning designations. Mr. Harmon read a statement about the concerns about this area. Mr. Harmon commented that the area should be designated as single family zoning. Ms. Harmon expressed concern about the access to the property that is below hers. There is only one way in and out, and that is off of 208th, onto a cul-de-sac. That property should either stay as 8 Planning Commission Minutes October 25, 1993 a green belt or if it must be developed, zoned for one unit per acre. Robert Servoss, 9420 S. 207th Place, commented he had moved there because of the uniqueness and privacy of the neighborhood. He would like that preserved. His lot is about one-third to one- fourth acre in size. Several people who spoke during the Comprehensive Plan portion spoke again concerning the appropriateness of less density based on the problems with traffic, water, and the steepness of slopes. Judy Shemeta, 9405 S . 205th Place, supported the previous arguments. She felt the least possible density should be designated for the slope area . Ervin Fleming, 20541 92nd Avenue S. , commented he felt that the area should be zoned for half acre lots with single dwellings and cluster development should not be allowed. Discussion ensued about parks in the area. There are no parks in the area. Mr. Ross read and submitted a letter into the record. The owner intends on developing the property as lower density owner-occupied townhomes. One portion of the letter mentioned that because of the slopes, riparian corridor, and limited access, it appears that only one-third of the site is suitable for development. Approximately two-thirds of the site would be left in the natural state. Mr. Ross commented that approximately 60-80 units of townhomes could reasonably be developed on the site. These would be constructed in different configurations but each would be approximately 1400 square feet in size and have two plus parking spaces per dwelling. This would density equals about 2 . 1 to 2 . 8 units per acre of the 29 acre property. This is the type of density they are requesting and not the higher densities of the MRG or MRD zoning. Mr. Ross requested that a zoning classification of R1-12 be designated for this property. The intent is not to develop the property with 12 , 000 square foot lots, however. It is felt that only a clustered type of development would be appropriate for this site. Further, because of the site constraints, the RA designation would effectively deny the owners any reasonable use of the property. There would need to be soil engineering survey and soil analysis done. In addition, more open space would be provided with the clustering type of development . 9 Planning Commission Minutes October 25, 1993 Commissioner Haylor commented that when you're talking about clustering townhouses, it still means some type of multifamily dwellings. The public hearing was closed at 10: 20 PM. A discussion ensued concerning continuing the meeting in order for the Commissioners to consider the information presented at the hearing and make a recommendation to the City Council. MOTION WAS MADE and SECONDED to adjourn the hearing and continue the meeting to November 8 , 1993 at 7 : 00 PM. MOTION CARRIED. Respectfully submitted, Ja es P. Har is, secretary 10 KENT PLANNING COMMISSION MINUTES November 8 , 1993 The meeting of the Kent Planning Commission was called to order by Acting Chair Heineman at 7 : 00 pm on November 8 , 1993 in the Kent City Hall, Chambers West. PLANNING COMMISSION MEMBERS PRESENT: Edward Heineman, Jr. Gwen Dahle Kenneth Dozier Bob MacIssac Kent Morrill Janet Nuss PLANNING COMMISSION MEMBER ABSENT: Albert Haylor Christopher Grant Raymond Ward PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Kevin O 'Neill , Planner Matt Jackson, Planner Chris Holden, Recording Secretary OTHER STAFF MEMBERS PRESENT: Bill Wolinski, Public Works APPROVAL OF OCTOBER 25 1993 MINUTES The MOTION was made to accept the October 25, 1993 minutes as presented. The motion was SECONDED. Motion CARRIED. OTHER COMMUNICATIONS/MEETINGS Mr. Harris mentioned the Planning Commissioners are invited to attend a meeting on November 30, 1993 , a Capital Facilities seminar with the City Council will be held from 5 PM to 9 PM. The following continued hearings were for Planning Commission deliberation and recommendation to the City Council exclusively. 1 Planning Commission Minutes November 8 , 1993 #CPA-93-2 CHESTNUT RIDGE A continuation from October 25, 1993 concerning the initial Comprehensive Plan land use designations for the Chestnut Ridge Annexation Area. The area is bounded by S . 200th Street on the north, 100th Avenue S. on the east, S . 208th Street on the south and 92nd Avenue S. on the west. City staff is recommending that the area be designated as SF 6 , Single Family, north of 208th Street and SF 1, Single Family, south of 208th Street. Chair Nuss made a MOTION that the Alternative #1 be approved. MOTION died for lack of a second. A observation was made that due to the steepness of the area as well as the desire of the majority of residents in the area to preserve the current status quo, Alternative 1 should be approved. In opposition, another comment was made that the zoning should be changed to allow cluster housing. There would still be less density, but the property owner would be able to obtain a reasonable return on the property. Further discussion mentioned that since the City of Kent already has a large portion of its housing in multifamily, no further multifamily zoning should be considered. It was mentioned that allowing cluster housing to be constructed in this area, would help preserve a green belt and well as help alleviate some of the drainage problems in the area. It was MOVED and SECONDED that Alternative 1 BE sent to the City Council for final approval . MOTION CARRIED. Mr. Satterstrom asked if the single-family overlay would be considered for this area . Chair Heineman thought it was included in the Planning Commission ' s recommendation to the City Council. Commissioner Dozier asked if a modification could be made to allow cluster housing in this area. Mr. Harris stated the City does not have a cluster housing ordinance. Further, a Planned Unit Development housing can only be considered in multifamily zoned areas . #AZ-93-1 CHESTNUT RIDGE ANNEXATION AREA INITIAL ZONING The previous hearing of October 25 , 1993 concerning the land use zoning for the newly annexed area of Kent. This area, which is approximately 187 acres , is generally bounded by S . 200th Street to the north, S. 208th Street to the south, 92nd Avenue S . to the west, and 100th Avenue S. to the east. Subsequent to the annexation of the area by the City, the entire area was zoned R1-201 Single-Family Residential , pursuant to Section 2 Planning Commission Minutes November 8 , 1993 15. 03 . 020 (E) (2) of the Kent Zoning Code. The purpose of this process is to establish initial zoning for the annexation area, as outlined in Section 15 . 09 . 055 of the Zoning Code. Chair Heineman asked that Alternative 2 view foil be shown. This alternative recommends R1-7 . 2 for the area north of S. 208th Street and R1-12 for the area south of 208th Street. Under King County, a portion of the area was zoned as Growth Reserve, 1 lot per 5 acres until the end of 1994 and then the zoning would become RS-5000 . Alternative 3 recommended MRD, Duplex Multifamily, for the around south of 208th and a portion to the north of S. 208th; R1-7 . 2 , Single Family Residential , between S . 208th and S. 202nd and north of S . 202nd, R1-5 . 0 , Single Family Residential . Mr. O 'Neill explained that the previous County zoning was RS-9600. A property owner, while still under King County jurisdiction, applied for both a subdivision and a planned unit development. At this point, the subdivision is vested . The Planned Unit Development application is not vested. Alternative 1 proposes that the overall density remain the same , R1-9 . 6 . MOTION MADE and SECONDED to accept zoning Alternative 1. MOTION PASSED. This matter will go to City Council on November 16 and be schedule two public hearings, 30 days apart . Two dates have been set for December 7 , 1993 and January 18 , 1994 . MOTION MADE and SECONDED to adjourn the public hearing at 7 : 40 PM. MOTION PASSED. Respectfully submitted, 4Jameearris , Recording Secretary 3 �' Kent City Council Meeting y,X�w Date December 7 , 1993 Category Public Hearings 1. SUBJECT: CHESTNUT RIDGE ANNEXATION PROPOSED INITIAL ZONING (AZ-93-1) 2 . SUMMARY STATEMENT: The Planning Commission has recommended approval of the proposed initial zoning designation outlined in Alternative #1 for the Chestnut Ridge Annexation area. 3 . EXHIBITS: Memo, Staff Report of 10/25/93 and Planning Commission Minutes of 10/25/93 and 11/8/93 4 . RECOMMENDED BY: Planning Commission (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ _ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7 . CITY COUNCIL ACTION: Councilmembermoves, Councilmember seconds to continue the public hearing on the Chestnu Ridge Annexation Initial Zoning Designation to January 18 , 199t DISCUSSION: �^ V ACTION: Ova Council Agenda Item No. 2B CITY OF ��rSV� CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM December 7 , 1993 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: CHESTNUT RIDGE ANNEXATION ZONING - PLANNING COMMISSION RECOMMENDATION I am pleased to forward the Planning Commission recommended zoning for the Chestnut Ridge annexation area. The Planning Commission held a public hearing on proposed zoning on October 25, 1993 , and made their recommendation after deliberations at their November 8 , 1993 meeting. The Planning Commission' s recommended zoning is attached herewith and is labeled Alternative #1. (Alternative #1 was one of three alternatives evaluated in the staff report to the Commission. ) As you can see, the entire annexation area is recommended for single- family residential zoning. Most of the area is recommended for R1- 7 . 2 zoning. The proposed zoning pattern is consistent with the Planning Commission' s recommendation on the Comprehensive Plan map amendment. By City ordinance, the City Council must hold two public hearings on the recommended zoning. The first hearing is scheduled for December 7 , 1993 , and the second hearing is scheduled for January 18 , 1994 . Planning Department staff as well as a representative from the Planning Commission will be available at the December 7th hearing to further explain the recommended zoning for the Chestnut Ridge annexation area. FSN/JPH/mp:chestnut.pc Attachment cc: Ed Heineman, Planning Commissioner Fred N. Satterstrom, Planning Manager �C' -an rW�;N Jsd - W A Z-7 II jf 4-0 %9s T, 0 g C:3 cl �p 0 ev 'D on C)C9 CDT 1 ai 701 'j 6. L'�P� � ( ems r) 0 .1 Lv ad. cl r M-t t RESIDENTIAL AGRICUL 1 UNIT PER ACRE 01 u SINGLE FAMILY RESIHIN 0;' TIX 4 - 7 . 2 1 UN� . PER 7,200 SO.' P-4 FA MIL 1.�I l 't �- '%� I S 1 N G L E F MILY RESCENTW b PER- 9 . 6 1 UN'T PC_ 9,K0 SQ.7r - -7P q hj� zu�c I�zsl c I r� ul I-M to M 4rw CD- C!TIY L M;T S) lj- lt� 9m ANNEXATION AREA 4. D ZONING BOUNDARY u 171 0 0 0 crry of LJ C2 c CITY OF �Iz.SV CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM u ®�ca October 25, 1993 MEMO TO: ED HEINEMAN, CHAIR, AND MEMBERS OF THE PLANNING COMMISSION FROM: KEVIN O 'NEILL, SENIOR PLANNER SUBJECT: PROPOSED CHESTNUT RIDGE ANNEXATION AREA INITIAL ZONING #AZ-93-1 Background In April 1993 , the City Council approved the annexation of the area known as the Chestnut Ridge Annexation Area into the City of Kent. This area, which is approximately 187 acres, is generally bounded by S. 200th Street to the north, S. 208th Street to the south, 92nd Avenue S. to the west, and 100th Avenue S. to the east (see attached maps) . Subsequent to the annexation of the area by the City, the entire area was zoned R1-20 (Single-Family Residential) , pursuant to Section 15 . 03 . 020 (E) (2) of the Kent Zoning Code. The purpose of this process is to establish initial zoning for the annexation area, as outlined in Section 15 . 09 . 055 of the Zoning Code. This report will outline background information on the area, including the previous zoning of the area while it was still located in unincorporated King County. The report will summarize some of the differences between the previous King County zoning designations and City of Kent zoning, and then outline three alternatives for zoning the area which have been considered by both staff and residents of the area. This project is being done concurrent with a comprehensive plan map amendment, which will incorporate the annexation area into the City' s Comprehensive Land Use Plan Map. The report for this project (#CPA-93-2) outlines much of the background and history of this area. This report will summarize this information in order to help understand the rationale behind the zoning alternatives and recommendations. Further background information on the annexation area can be found in the Chestnut Ridge Annexation Area Initial Comprehensive Plan Map Designation (#CPA-93-2) report. 1 Memo To: Ed Heineman, Chair, and Members of the Planning Commission Re: Chestnut Ridge Annexation #AZ-93-1 Existing Land Uses The land uses in this area are predominantly single-family residential, with the exception of the Springbrook Elementary School, which is located at the northeast portion of the annexation area on 100th Avenue S. A large portion of the annexation area has already been subdivided and built upon, particularly the area between S. 202nd and S. 208th Streets. There are also a fair amount of single-family development between S. 200th and S. 202nd Streets; however, the lot sizes tend to be much larger in this area, with many having the potential to be further subdivided in the future. There are some large vacant parcels located at the southwest corner of the annexation area. The zoning alternative maps show both existing parcels and buildings in the area. Environmental Constraints As stated, much of the annexation area is already developed, and environmental constraints are somewhat minimal throughout most of the area. However, there are significant environmental constraints on the southwestern portion of the area. Slopes in parts of this area exceed 25 percent, particularly on the large vacant parcel at the southwestern corner of the area. Much of this parcel is identified as a ravine on the City' s Hazard Area Development Limitations Map. The Hazard Area Map also identifies Low and High Hazard Areas just to the north of this parcel, reflecting the topography of this portion of the annexation area. The north fork of Garrison Creek also intersects the southern portion of the area. The Hazard Area Map identifies Garrison Creek as a major creek. These designations will have a significant impact on the level of development which can take place on these parcels under the City' s existing Water Quality and Hazard Area Development regulations (Section 15 . 08 . 224 of the Zoning Code) . These regulations restrict the level of development on and adjacent to hazard areas such as creeks and steep slope areas. Therefore, these designations must be a major consideration in developing zoning recommendations for these parcels. Previous King County Zoning Prior to being annexed into the City of Kent, this area had been recently rezoned as a result of the Soos Creek Community Plan, which was adopted by the King County Council in 1991. The previous zoning designations are shown on the attached map (see Previous 2 Memo To: Ed Heineman, Chair, and Members of the Planning Commission Re: Chestnut Ridge Annexation #AZ-93-1 King County Zoning Map) . Prior to the Soos Creek Plan, the entire annexation area was zoned S-R 9600. In preparing the zoning alternatives and recommendation for the annexation area, staff attempted to be as consistent as possible with the previous King County zoning, since the zoning had been done so recently, and had been based on a very long and extensive planning process in the overall Soos Creek Community Planning Area. However, as the next section points out, there are some significant differences between King County and Kent zoning regulations . These differences have a significant impact on keeping the initial zoning of the area in Kent consistent with the previous County zoning. Comparison of King County and Kent Zoning As shown on the Previous King County Zoning Map (attached) , King County zoning designations for the Chestnut Ridge annexation area were residential, including GR-5-P (RS 5000) , RS 7200-P, SR 9600-P; and RS 5000-P. Required minimum lot sizes within the County ' residential zones are similar to the 5000, 7200, and 9600 square foot lot sizes in the City of Kent Zoning Code. There are differences, however, between Kent and King County residential zoning regulations regarding certain uses and development types and standards. The following is a summary of the major differences: 1. The letter P added to the single family zoning designations shown on the Previous King County Zoning Map refers to County regulations requiring street trees, tree retention, specific street and pedestrian circulation design, and recreation space. At this time, the City of Kent has no residential street tree requirement for development, but compliance with street standards, compliance with pedestrian circulation standards, and retention of significant trees are required. Recreation space requirements are set forth in the City of Kent Subdivision code. 2 . The County zoning designation GR (Growth Reserve) is shown near the north and south boundaries of the Chestnut Ridge annexation area. The intended purposes of the GR designation are to prevent urban development before provision of adequate services and facilities, to reserve large tracts of land for future growth, to protect environmentally sensitive areas, and to promote efficient land use patterns. The GR-5 zoning also established potential zoning of RS-5000 , to go into effect as of January 1, 1995. Until then, the minimum required lot size is five acres with exceptions which included provision for higher densities in multiple lot subdivisions and short subdivisions. The GR designation provided for lot clustering 3 Memo To: Ed Heineman, Chair, and Members of the Planning Commission Re: Chestnut Ridge Annexation #AZ-93-1 with "reserved tract" provisions for open space and possible future subdivision. The Kent Zoning Code does not provide for cluster development or growth reserve space for future development. 3 . The King County RS (Single Family Residential) designation allowed similar uses to those allowed under the R1 zoning designation shown on the City of Kent alternatives maps. However, King County zoning allows more uses because of the diverse nature of properties found in the County. The major differences between King County RS and Kent R1 designations are in regard to townhouse dwellings, Planned Unit Developments, mobile homes, accessory dwellings in residences and accessory dwellings in buildings. The above types of development are allowed under King County Zoning Code regulation, but are not allowed within the City of Kent R1 zoning designation. Zero Lot Line development is allowed in R1 zones in the City of Kent, but is not allowed under County ' zoning regulation. 4 . The previous SR classification, located north of SE 208th Street, was intended to provide for urbanization of areas which are presently suburban in character. It provided for large lot size (9600 square feet minimum) , which was intended to accommodate present agricultural use and future urban development. It also limited townhouse construction to approved PUDs (Planned Unit Developments) . The City of Kent Zoning Alternative 1 proposes a minimum 9, 600 square foot lot sizes; however, the City has not adopted a policy regarding later development of lots. In addition, the Kent Zoning Code does not provide for PUD development in residential zones. Under the County SR classification, agricultural developments such as small commercial fishing ponds, small animal farms, and animal clinics were allowed outright, while agricultural uses allowed under the City of Kent Zoning Alternative 1 would be limited to crop and tree farming and the keeping of animals other than household pets on lots larger than 20, 000 square feet. Zoning Alternatives and Analysis After reviewing the history and background of the area and conducting field visits, staff generated three alternative zoning designations for the area. On September 8, 1993 , the Planning Department conducted an open house at the Springbrook Elementary School to solicit public comment on these zoning alternatives, as well as comment on comprehensive plan alternatives which were 4 Memo To: Ed Heineman, Chair, and Members of the Planning Commission Re: Chestnut Ridge Annexation #AZ-93-1 developed in conjunction with the zoning alternatives. Many residents of the area attended the open house, and completed a questionnaire, which offered the residents an opportunity to express their preferences regarding the zoning alternatives, and also express concerns about other neighborhood issues. A report which summarizes the results of the questionnaire is attached as Exhibit A. The three zoning alternatives are described below. It should be noted that all three alternatives propose to zone the majority of the built-out area between S. 202nd and S. 208th Street to R1-7 . 2 (Single-Family Residential) . The primary reasons for this proposed designation is that most of this area is already developed, and this zoning designation is consistent with the previous King County zoning designation of RS-7200. The rationale for this will be further discussed in the section of the report outlining the staff recommendation. Alternative 1 This alternative would apply the R1-7 . 2 (Single Family Residential) zoning designation to the entire area between S. 200th and S. 208th Streets, with the exception of the parcels located at the northeast corner of S. 208th Street and 92nd Avenue S. , which would be zoned R1-9 . 6 (Single-Family Residential) . The large parcel at the extreme southwestern portion of the annexation area would be zoned RA (Residential Agricultural) . Under this alternative, the R1-7 . 2 and R1-9 . 6 zoning designations between S. 202nd and S. 208th Streets are consistent with the previous King County zoning. The R1-9 . 6 zoning of the parcels at the northeastern corner of S. 208th and 92nd Avenue S. reflects the steep slopes in this area, which seems to justify a lower density zoning than the surrounding R1-7 . 2 zoning. The area between S. 200th and S. 202nd Streets is proposed to be R1-7 . 2, since the overall potential development characteristics of this area seem to be substantially similar to the area to the south of S. 202nd Street. This zoning would be lower density in the long term than the previous County zoning designation of GR-5 (RS-5000) . Finally, the RA zoning is recommended in this alternative for the parcel south of S. 208th Street due to the severe environmental constraints of this site, since the RA zone is the lowest density single-family zoning district in the current zoning code, restricting development to 1 dwelling unit per acre. In the long term, this is substantially less density than would be allowed under the previous GR-5 (RS-5000) County zoning for the site. 5 Memo To: Ed Heineman, Chair, and Members of the Planning Commission Re: Chestnut Ridge Annexation #AZ-93-1 Alternative 2 This alternative is similar to Alternative 1, with two exceptions: the parcels at the northeast corner of S. 208th and 92nd Avenue S. would be zoned R1-7 . 2 instead of R1-9 . 6 ; and the large parcel south of 208th Street would be zoned R1-12 (Single Family Residential) instead of RA. The rationale for this alternative is similar to the rationale for Alternative 1. The major difference is that this alternative would allow slightly higher densities on the two areas identified above. This alternative proposes that the parcels directly to the north of S. 208th Street be zoned the same (R1-7 . 2) as the rest of the area between S. 200th and S. 208th Streets, since there are some other parcels within that area which also have steep slopes. The parcel to the south of S. 208th Street would still have a low density zoning designation (approximately 3 units per acre) , but would allow more development capacity than Alternative 1. Alternative 3 This alternative is distinct from the first two alternatives regarding the zoning of three major portions of the annexation area: the area between S. 200th and S. 202nd Streets; the parcels at the northeast corner of S. 208th and 92nd Avenue S. ; and the large parcel to the south of S. 208th Street. The proposed zoning of the area to the north of S. 202nd Street would be R1-5 . 0 (Single Family Residential) , which is the highest density single family zoning district under the City' s existing zoning regulations. The parcels to the north and south of S. 208th Street would be zoned MRD (Duplex Multifamily Residential) . This zoning district permits both single-family residential development and duplexes. The rationale for zoning the area north of S. 202nd Street R1-5. 0 is that this most closely approximates the previous King County zoning of GR-5 (RS-5000) in this area. The MRD zoning along S. 208th Street is proposed due to the environmentally constrained nature of these parcels. A Planning Unit Development (PUD) , which offers more design flexibility, is not permitted under City of Kent zoning regulations in single-family zoning districts, whereas PUDs are allowed in multifamily districts such as MRD. Therefore, the proposed zoning of MRD would allow a PUD on these sites, which may be the most feasible way for these sites to be developed due to steep slopes. The MRD zoning on the large parcel to the south of S. 208th Street also is fairly consistent with the previous County zoning of GR-5 (RS-5000) --RS-5000 zoning would allow 8 units per 6 Memo To: Ed Heineman, Chair, and Members of the Planning Commission Re: Chestnut Ridge Annexation #AZ-93-1 acre, while the MRD zoning district allows approximately 10 units per acre. Staff Analvsis Alternative #1 places zoning on the majority of the area which is consistent with the previous County zoning of RS-7200 for the area between S. 202nd and S. 208th Streets. It is recommended that the area to the north of S. 202nd Street also be zoned R1-7 . 21 since there does not appear to be any compelling reason to treat this area differently than the area to the south. The recommended R1-9 . 6 and RA zoning designation reflect the environmentally constrained nature of these sites, particularly the large parcel south of S. 208th Street. The R1-9 . 6 zoning is also consistent with the previous County zoning designation. While a PUD may very well be the most appropriate way to develop these sites, the development density that the MRD zone allows (10 units per acre) is not appropriate for these sites. It should also be noted that many citizens in the area requested that the zoning throughout the annexation area be lower density than R1-7 . 2 , either R1-9 . 6 or preserving the interim zoning of R1-20 . However, many of the parcels which are already platted and developed throughout the area are less than 9 , 600 square feet. Therefore, any zoning designation of density less than R1-7 . 2 would create many nonconforming parcels. Staff Recommendation Staff recommends that the Planning Commission recommend to the City Council the zoning designation outlined in Alternative 1 for the Chestnut Ridge Annexation Area. KO/ch: az931.rpt Enclosures cc: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Matthews Jackson, Planner 7 CHESTNUT RIDGE PREVIOUS KING- COUNTY ZONING 11-s T. w 5' m m S. 200TH. ST. GROWTH RESERVE GR-rj 1 UNIT PER 5 ACRES N' T EXPIRES 12/31/94 SINGLE FAMILY RESIDENTIAL RS-S000 1 UNIT PER 5,000 SOFT. SINGLE FAMILY RESIDENTIAL RS-72UU 1 UNIT PER 7,200 SOFT. m SINGLE FAMILY RESIDENTIAL SR-9600 1 UNIT PER 9,600 SOFT. 6 CITY LIMITS m nj A 5 a ANNEXATION AREA �a S-5000 a ZONING EOUNDARY y q, � GTY OF ^- l a � C 1� - 7 P, q w 4V� ca Jt D ot��)o 11, q C1 :zQ ,> ED P "30 Cf G3 0 03 1 E30 C;1 P G-L'J to 0 T�H IN 01 Q 10, r-j 7M5 ..........�.11111 -4 ZVI RESIDENTIAL AGRICUL, 'A- 1D,Q - - - '" ;� � � A 1 UNIT PER ACRE SINGLE FAMILY RESIDENTIA r - 7 . 2 134 a UN' i PER 7,200 SQ-1`1 L:i 1 ef 6, ,til FAMILY RESIDENTIA- Fo— S!N GLE' r PER 9,600 SQ-F7- CD 6 1 UNII L 4�7 9 C nT t C[T 'y LliVil CTI Lo ANN EXATION AREA 01 md1m10 oil ZONING BOUNDARY _C 0 01 010 C2 CITY OF 3 0 --L�U.H 1 11 k:-4 Z"S O 60 %''CT. CD El U 0 °p D 0 0 Dc� c:= E::3 6-3 C -rl 1 71: 791 .01'. SINGLE FAMILY RESIDENTIAl- UNIT PER 7,200 SQ.Flr. R 1 - 7 . 2 t �t i -1 H n U., V: Zia 1 �S!NGL.— FAMILY RESIDENTIAL 2 I UNIT PER 12,000 SOFT. U41-1 LLJ CIlY LW;l"`­S \y ❑ i ANNE-XATION l o k I-OT 0 ZOKNG BOUNDARY or CrIYOFRWS 2.IU H (VEIN D R' e l CC i�l7Sn' 4+ O L ,lal a A71,1 fj QGO �,�t�Ci a p pQq� &i i � �9s'- Q p a4 '�,• � ❑ � Q Q Q oG C$` dQ G ( C2 r 1� © G 1 i rJ ! 4Fv i SINGLE FAMILY RESIDENTIAL A._ , Y RI — 5 . 0 1 UNIT PER 5,000 SQ.FT. I — SINGLE FAMILY RESIDENTIAL i ; �, 4 I 1 UNIT PER 7,200 SO-FT. FIR ! ( ` , DUPLEX MULTIFAMILY MIR D 7,200 SQ.FT.MIN. SINGLE FAV os� ! hQ 8,500 SQ.FT. MIN. DUPLEX tdr . k o � CITY LIMITS co o �� I ❑ r iL 1 1U) aN'NEXATiON AREA 01 Y ZONING BOUNDARY _ ku Ili ° a'Tv OF t� O G � G ^� • �p a o m EXHIBIT A CHESTNUT RIDGE ANNEXATION ZONING REPORT ON THE RESULTS OF CITIZEN QUESTIONNAIRE On September 8, 1993, the Kent Planning Department hosted an Open House on potential zoning in the Chestnut Ridge annexation area. The meeting was held at Springbrook Elementary School at 20035 100th Avenue South. Approximately 60-70 persons attended the Open House. Attendees at the Open House were encouraged to respond to a questionnaire regarding land use planning issues and zoning alternatives for the Chestnut Ridge annexation area. To help attendees understand the proposed zoning alternatives, maps and graphics were displayed and City staff were available to answer questions. A total of 56 questionnaires were returned. The following is a report of the final survey results with a commentary by Kent Planning Department staff on the implications of the response: 1 . Are you a resident of the Chestnut Ridge annexation area? Yes 55 No 1 Comment: With the exception of one person, all respondents to the survey were residents of the Chestnut Ridge annexation area. Landowners adjacent to Chestnut Ridge were notified of the meeting but did not elect to turn out in any significant number. 2. Do you own or rent a home in the Chestnut Ridge area? Own 53 Rent - Other 2 Comment: The vast majority of respondents were homeowners. This is consistent with the high overall homeownership rate of the annexation area. Although respondents were not asked the type of residence they owned, it is safe to say assume that most homeowners, if not all, resided in single family homes. 3. If you currently live in the Chestnut Ridge area, how long have you resided here? Less than one year 4 1 - 5 years 20 More than 5 years 31 Comment: The majority of respondents have lived in the annexation area for more than five years. However, a significant number of respondents have lived in the Chestnut Ridge area for a period of less than five years. This may be related to the fact that the housing in much of the annexation area is relatively new. 4. What do you like most about your neighborhood? (Check only your top two reasons.) Schools 11 Views 20 Open Space 18 Rural atmosphere 23 Quality of housing 12 Proximity to employment 13 Other 3 Comment: Respondents seem to favor the low density, rural character of the Chestnut Ridge area. Together with the relatively high number of responses to Views (20) and Open Space (18), the top three response categories all relate to the openness and rural character of an area which has expansive views out over the Kent Valley below. Other factors, like schools and proximity to work, did not rank as significant reasons for why respondents liked their neighborhood. In terms of the "Other" responses, the quietness and locational convenience of the Chestnut Ridge area received favorable mention. 5. Prior to annexation to Kent, were zoning and land use policy matters of concern to you? Yes 49 No 4 No opinion 1 Comment: As the numbers indicate, respondents have had concerns about zoning and land use issues prior to annexation to Kent. 6. If you answered "Yes" to question #6, above, what concerns did you have about King County zoning and land use policy? Comment: This question was a follow-up to question #5, above, dealing with concerns about King County land use policy. Since this was an open question, it was difficult to tally or categorize responses. Nevertheless, respondents seemed to have some common issues or problems with County land use policy prior to annexation. The main issue was the protection of single family neighborhoods. Not only did respondents indicate their support for low density, single family residential use, but also their opposition to any form of multiple family development. Congestion of roads and the increasing traffic in the neighborhood were also common themes. Protection of the natural environment and adherence to environmental regulations were also of concern to respondents. 7. What environmental issues are the most important to you? (Please rank in order of importance, beginning with "1" as the most important.): Traffic mitigation 25 Noise 3 Open Space 9 Tree preservation 2 View protection 3 Steep slope protection 7 Water quality/storm water runoff 5 Other (Please specify): 1 Comment: The vast majority of respondents are concerned about traffic mitigation in their neighborhood. Nearly one-half (25) of the respondents indicated traffic was their most important environmental issue. All other issues were relatively less significant in comparison, with the possible exception of Open Space which ranked as the number one issue with nine (9) respondents. Environmental issues such as noise, tree preservation, and view protection were not ranked first by a significant number of respondents. 8. King County zoning allows "clustering" of development in single family residential zones; Kent's zoning rules do not. If Kent changed its policy to permit clustering in single family zones, what issues would you consider to be important in the review process of such proposed developments? Buffering of adjacent uses 21 Access of proposed development 17 Size and density of proposed development 34 Environmental protection 21 Character of neighborhood 26 Other (Please specify): 3 Comment: The majority of persons indicated that they were concerned about the size and density of clustered residential developments (34 responses). In effect, this concern is very much related to the second, Character of Neighborhood, which received 26 responses. The summary of responses, above, does not show that several respondents indicated they were opposed to clustering altogether and did not check any of the listed concerns. It should be noted that the sum of responses exceeds the number of completed questionnaires. Some respondents indicated multiple concerns, and all were tallied. ZONING ALTERNATIVES 9. Which zoning alternative do you prefer? Alternative 1 43 Alternative 2 6 Alternative 3 1 Other 5 Comment: The overwhelming majority of respondents favored Alternative 1, as evidenced by the numbers above (43 responses, or 78%). Alternative 1 is the lowest density alternative, overall. Alternative 3, which proposed duplex type zoning for portions of the annexation area, received only one response. Five (5) respondents favored zoning alternatives different from any which were outlined in the questionnaire. All of these responses indicated a preference for even lower density residential zoning than proposed in Alternative 1. a:survey.cr KENT PLANNING COMMISSION MINUTES October 25 , 1993 The meeting of the Kent Planning Commission was called to order by Acting Chair Heineman at 7 : 00 Pm on October 25, 1993 in the Kent City Hall, Chambers West. PLANNING COMMISSION MEMBERS PRESENT: Edward Heineman, Jr. , Acting Chair Gwen Dahle Kenneth Dozier Albert Haylor Robert MacIssac Janette Nuss Raymond Ward PLANNING COMMISSION MEMBER ABSENT: Christopher Grant Kent Morrill, excused PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Matt Jackson, Planner Kevin O 'Neill, Planner Laura Evezich, Assistant City Attorney Ed White, Traffic Engineer Chris Holden, Recording Secretary APPROVAL OF SEPTEMBER 27 1993 MINUTES MOTION MADE and SECONDED to accept the September 27 , 1993 minutes as presented. MOTION CARRIED. NOTICE OF UPCOMING MEETINGS ies Harris meet meeting is sh duled to held on November 30 Capitalrmed the Commissioners that a 993 from 5-9tPM. "CPA-93-2 CHESTNUT RIDGE An amendment to add a newly an area of Kent to the City' s Comprehensive Plan and Land Use Map. The area bounded by S. 200th Street on the north, 100th Avenue S. on the east, S. 208th Street on the south and 92nd Avenue S. on the west. City staff is recommending that the area be designated as SF 6, Single Family, 1 Planning Commission Minutes October 25, 1993 north of 208th Street and SF 1, Single Family, south of 208th Street. Matt Jackson, Planning, showed the newly annexed on the view foil. The area was annexed on April 6,' 1993 by Ordinance #3099 • The interim zoning for the area is R1-20 , Single Family, 20, 000 square feet minimum lot size. The area is mainly single family residences with one school, Springbrook Elementary. Most of the lot sizes can be put into two groups: 8 to 10, 000 square feet and 1 to lz acres. However, there are some under- developed parcels in the area as well as significant environmental constraints . Some slopes in the area range between 3 and 4 percent and others exceed 25 percent. Slopes which are above 15 percent can have significant hazard area development restrictions. Mr. Jackson pointed out on the view foil the location of the significant slopes areas . The Chestnut Ridge area was under the King County Soos Creek Plan with designations of single family. The King County designation for the area was Urban and the Soos Creek Plan designated the areas as single family with a density of four to eight units per acre. This area was also under the King County Phase 1 designation. Mr. Jackson commented that the majority of surrounding land use in the area has been designated as single family. In addition, there is a golf driving range being constructed in the area. Mr. Jackson remarked that the Single Family Designated Area Overlay should be amended to include this annexation area. There are two alternatives recommended. Alternative 1 is SF 61 Single Family Residential, 4 to 6 units per acre north of S. 208th Street and SF 1, Single Family Residential, one unit per acre for the large parcel between S . 208th Street and S. 212th Street. Alternative 2 designates the portion between S. 208th Street and S. 212th Street and a portion north of S. 208th Street, extending 650 feet east of 92nd Avenue S . , and north 850 feet, as MF 12 , Multifamily Residential, 7 to 12 units per acre. The remaining area should be designated SF 6 . Mr. Jackson commented the justification behind the SF 1 designation is because of the significant slopes in the area as well as the fact that Garrison Creek is in the area. About 29 acres are located within this designation. Chair Heineman asked if the public would like to comment. 2 Planning Commission Minutes October 25, 1993 Ron Harmon, 20627 95th Avenue S. , commented that in the area designated as SF 1, there are very steep slopes. In addition there are also wetlands in the area. Gale Harmon, 10627 95th Avenue S. , spoke about the development of the valley over the years . She felt it was very important to keep green belt areas. There are several animals and birds located in this area. She favors having zoning of R1-9 . 6 or one unit per acre. Ms. Harmon pointed out on the view foil where she resides. She lives on three-quarters of an acre overlooking the valley. Bill Scribner, 20424 92nd Avenue S. , commented there are water problems in the area. He commented he' s lived here for twenty years. He resides below the Chestnut Ridge area. He stated there has always been some water seepage in the area but since the hill has been developed, there have been serious water problems. King County put in a drain down the hill to help the water problem, but the water problem became worse. In the past 20 years, two areas have slid off the hill. One landslide block 92nd Avenue S. for three days. Mr. Scribner pointed out where he resides on the view foil . He felt that more development would create more problems. Mr. Scribner pointed out on the view foil where some bulldozing had been done. Since that time, the water flooding problem has become even worse. Mr. Scribner was in favor on Alternative 1. He submitted some three pictures to the record. Randal Thomson, 9406 S . 205th Place, pointed out his residence on the view foil. Mr. Thomson commented that since the Chestnut area was developed, there have been two instances of flooding under his house. Last year he redid his drainage system because of water flooding his garage. Mr. Thomson remarked about water problems in the areas. He felt there shouldn't be any building allowed on the hillside because of the steepness of the slopes . Mr. Thomson talked about exiting the area and the difficulty in getting onto 212th. He mentioned the 208th and 212th intersection is actually a three-way intersection and if there ' s an accident, which seems to be about once a week, then all the traffic gets backed up. The soil in the area is mainly clay. Edward Schemeta, 9405 S. 205th Place, lives across the street from Mr. Thomson. He showed his residence on the view foil. Mr. Schemeta commented the area has been developing and changing since 1977 when he moved into his residence. He was very pleased about being informed by the City of what is happening as well as being able to participate in the hearings and meetings regarding the area. Mr. Schemeta talked about the development of high density creating traffic problems. If any development is allowed 3 Planning Commission Minutes October 25, 1993 on the hillside, traffic will become really terrible. He didn't see how anyone could safely enter or exit that area. Mr. Schemeta remarked that 208th would have to be expanded to be a four-lane road with a left-turn lane. He mentioned Saar Cemetary and the loss of a historical site. He is in favor of Alternative 1 but would really prefer to have the entire area be zoned SF 1. Jonn Kastien, 20609 94th Avenue S. , pointed out location of residence on the view foil. Mr. Kastien commented they live on the edge of the ridge and the slopes are quite steep. He recommends that someone should come out and look at the area. Mr. Kastien felt that SF 1, minimally, should extend up through the valley. In the staff report on page 2 , paragraph 2 , there is a comment about no wetlands are on the site. Mr. Kastien, however, had a letter from the King County Conservation District stating there were two wetlands on the site. Mr. Kastien submitted the letter to the record. Norma Kastien, 20609 94th Avenue S . , would like the SF 1 designation extended further and would like to see Alternative 1 approved. Ms. Kastien commented that there are several residences located along the ridge. She stated the soil consists mainly of Alderwood soil which is very erodible . She commented she has a view from her lot. However, she wasn ' t concerned about the view. Ms . Kastien was more concerned about the impact of major development causing a disturbance to the soils and slopes which would create problems. Their property is about a quarter of an acre in size. Mr. Harmon commented that the requests to extend the SF 1 designation would be where the MF 12 designation is being shown on Alternative 2 . Howard Woodward, 9623 S. 203rd Street, pointed out location of property on the view foil . Mr. Woodward is also representing the Chestnut Ridge Homeowners Association. He pointed out on the view foil the slopes in the area. He mentioned another development in the King County area that the driveways are very long and v-sloped inward to catch the water because the slopes are very severe. The Homeowners Association prefers the area be designated as shown under Alternative 1. Mr. Woodward expressed concerns about the traffic and water problems especially if further development takes place. Joel Ross, 1662 Dahlia Lane, Tumwater, WA, representing the property owner of the 29-acre parcel bounded by 208th and 212th Street. He pointed out the property on the view foil. Mr. Ross 4 Planning Commission Minutes October 25, 1993 commented that because of the extreme slopes of the hillside and other sensitive areas on the site, the site ' s best developable use would be to construct cluster housing instead of the single-family housing. He mentioned that his presentation is focused on the zoning portion because there is no appropriate zoning available to develop the property in a low-density manner. He would like to read into the record a letter he prepared stating the reasons for the cluster housing zoning. Mr. Ross commented the property owners do not desire either Comprehensive Plan designation which would be more fully understood after hearing the letter. At this point, Mr. Harris succinctly stated that this testimony should be heard under the zoning portion of the hearing and not the Comprehensive Plan portion. Mr. Ross retired until time for public testimony on zoning. Andrew Fuller, 20628 95th Avenue S . , pointed out the location of his residence. Mr. Fuller commented that any increase in development over the larger single-family housing developments would be unfortunate. Kent already has a large proportion of multifamily housing and there would have to be a very compelling reason why more multifamily housing would be constructed in Kent. Mr. Fuller felt the potential sliding of the hillside if there was development, and the increase in traffic congestion should determine that higher density is unacceptable. He understood that cluster housing is a large number of dwellings are constructed in one area and then more common yard area is provided. This would make sense if the steep slopes or other sensitive areas were left undisturbed. He was in favor of Alternative 11r1. Anne MacTavish, 20437 94th Avenue S, pointed out where she resides. Ms . MacTavish is in favor of Planning staff ' s recommendation for a Comprehensive plan alternative 1, although her preference would be for a lessor density. This is mainly because of the steep slopes in the area. Ms. MacTavish commented that when the Chestnut Ridge development was constructed, their residence started having flooding problems. They had. to put in a new drainage system that would carry the water from their front yard to the back yard. Ms. MacTavish pointed out the steep slopes in the area. She felt any further activity in this area could possibly cause landslides. The size of the lots in the their area range from one-half acre to an acre. Bruce MacTavish, 20437 94th Avenue S. , Kent, WA 98031, is in favor of Alternative #1. He felt that the SF 1 area should also be extended to include the steep hillsides . He had two concerns; one 5 Planning Commission Minutes October 25, 1993 was the steepness of the slopes and the other was the limited access to 208th. Elaine Fleming, 20541 92nd Avenue S . , pointed out the location of their property, across 92nd from the Chestnut Ridge development, and they are also affected by water run-off in the area as well as mud. In addition, 92nd Avenue S. is not straight and traffic is quite heavy there. She wanted the least possible density placed on the property. Mr. Ross elucidated the reasoning why the property owners he was representing didn't support either alternative recommended by staff. This site wouldn't support a development of potentially 203 to 348 residential units. The flat benches on the property would support the development 60 to 80 of townhouses, triplexes and fourplexes. This clustered housing type of development would not impinge on the sensitive areas located on the property. The public hearing was closed. A brief discussion followed concerning the surrounding zoning and the property size around the annexation area. Mr. Jackson commented that the east side of the annexed area is in King County and the exact zoning is unknown. He showed on the view foil the lots that were less one acre. The City would like to avoid, however, any situation of creating lots which would be nonconforming. Mr. Jackson stated there is some smaller lot development taking place in the surrounding area. There was discussion about the feasibility of deciding the Comprehensive Plan designation on the property at this time. It was decided that the recommended zoning portion would be heard first and then questions from the Commissioners would be heard and discussion of the feasibility of both plans would be discussed and a recommendation made. #AZ-93-1 CHESTNUT RIDGE ANNEXATION AREA INITIAL ZONING This area, which is approximately 187 acres, is generally bounded by S. 200th Street to the north, S. 208th Street to the south, 92nd Avenue S. to the west, and 100th Avenue S. to the east (see attached maps) . Subsequent to the annexation of the area by the City, the entire area was zoned R1-20 (Single-Family Residential) , pursuant to Section 15. 03 . 020 (E) (2) of the Kent Zoning Code. The purpose of this process is to establish initial zoning for the annexation area, as outlined in Section 15 . 09 . 055 of the Zoning Code. 6 Planning Commission Minutes October 25, 1993 The public hearing for AZ-93-1 is opened. Kevin O 'Neill, Planning Department, focused on the alternative zoning recommendations and the rationale behind the recommendations . Mr. O'Neill explained the Planning Department has several areas in the City and nearby listed on a Hazardous Area Map and even though this area was not in the City at the time the map was done, the area is shown on this map. Several hazardous areas are depicted. Development would be restricted on those parcels due to restrictive regulations. Mr. O'Neill commented that environmental constraints are considered when property is being developed. Mr. O'Neill commented the Kent Zoning Code does not currently allow clustered development. He commented the previous King County zoning on the site is RS-7200, one lot per 7 , 200 square feet. Another area was designated as RS-9600 , one lot per 9 , 600 square feet, which would be a density of four units per acre. Another area was zoned Growth Reserve, which is a holding zone, one lot per five (5) acres until the end of 1994 , at which time the lots would revert to RS-5000 . Mr. O 'Neill explained that in single family zoned areas, King County allows two types of development: Planned Unit Developments and "cluster development" . King County in determining the density of Cluster development would look at the gross density of the parcel. For example, if the site was twelve acre size and zoned RS-9600 zoning, under a Cluster development, approximately 48 units could be developed on the site. However, clustering means not every lot would have to be 9 , 600 square feet. It would be possible to make some of the lots smaller as long as the overall density wasn' t exceeded. The Chestnut Ridge area is somewhat of a cluster development because when it was platted, the King County zoning designation was RS-9600 but some of the lot sizes in that area are less than 9 , 600 square feet. The Kent Zoning Code does not allow either of those two types of development to occur. Mr. O'Neill commented that 9 , 600 square feet equates to approximately one-quarter of an acre. There are three zoning alternatives recommended by staff and the community. However, the Planning Commission can recommend any of the three or a combination of the three or whatever it determines . Alternative 1 would recommend RA, Residential Agricultural, zoning for the area south of 208th, which is one unit per acre. This would be consistent with the Comprehensive Plan designation of SF 1. For one area to the north, the recommendation is R1-9 . 6 which would be comparable with King County zoning of RS-9600 . For the remaining properties, the recommendation is for R1-7 . 2 , Single Family Residential (minimum lot size of 7 , 200 square feet) . 7 Planning Commission Minutes October 25, 1993 Alternative 2 recommends R1-12 , Single Family Residential, minimum lot size of 12 , 000 square feet which would allow about three units per acre for the area south of 208th. For the area north of 208th, the area is recommended to be zoned R1-7 . 21 Single Family Residential. Alternative 3 is very comparable to the Comprehensive Plan Alternative 2 . There are three recommended zoning designations: MRD, Duplex Multifamily Residential, for the area south of 208th as well as a portion to the north; R1-7 . 2 , Single Family Residential for the area south of 202nd; and R1-5 . 0 , Single Family Residential (minimum lot size of 5 , 000 square feet) for the area to the north of 202nd. 'Staff is recommending Alternative 1 . This would be consistent with previous staff recommendations of Comprehensive Plan, Alternative 1 . The rationale behind this recommendation is that the land is heavily environmentally constrained with stream corridors, ravines and steep slopes. Thus, this recommendations allows for the lowest single-family residential density available under the Kent regulations. Mr. O'Neill pointed out that if the Commission recommends that a lower Comprehensive Plan designation for the area north of 208th, then the zoning designation should be the same. For example, any area designated SF 1 on the Comprehensive Plan, it should be zoned RA, because that zoning designation would be consistent with the Comprehensive Plan designation. Commissioner Haylor asked if the topography was different for the area to the north of 202nd since both King County and the Planning Department under Alternative 3 recommends a lower density that the rest of the area. Mr. O'Neill replied that area does not seem to contain any environmentally sensitive areas . He explained that under the Soos Creek Plan, any undeveloped or "underdeveloped" parcels of land that were close to existing City limits were given higher density zoning designations . Mr. Harmon read a statement about the concerns about this area. Mr. Harmon commented that the area should be designated as single family zoning. Ms. Harmon expressed concern about the access to the property that is below hers. There is only one way in and out, and that is off of 208th, onto a cul-de-sac. That property should either stay as 8 Planning Commission Minutes October 25, 1993 a green belt or if it must be developed, zoned for one unit per acre. Robert Servoss, 9420 S . 207th Place, commented he had moved there because of the uniqueness and privacy of the neighborhood. He would like that preserved. His lot is about one-third to one- fourth acre in size. Several people who spoke during the Comprehensive Plan portion spoke again concerning the appropriateness of less density based on the problems with traffic, water, and the steepness of slopes. Judy Shemeta, 9405 S. 205th Place, supported the previous arguments . She felt the least possible density should be designated for the slope area. Ervin Fleming, 20541 92nd Avenue S. , commented he felt that the area should be zoned for half acre lots with single dwellings and cluster development should not be allowed . Discussion ensued about parks in the area . There are no parks in the area. Mr. Ross read and submitted a letter into the record. The owner intends on developing the property as lower density owner-occupied townhomes. One portion of the letter mentioned that because of the slopes, riparian corridor, and limited access, it appears that only one-third of the site is suitable for development. Approximately two-thirds of the site would be left in the natural state. Mr. Ross commented that approximately 60-80 units of townhomes could reasonably be developed on the site. These would be constructed in different configurations but each would be approximately 1400 square feet in size and have two plus parking spaces per dwelling. This would density equals about 2 . 1 to 2 . 8 units per acre of the 29 acre property. This is the type of density they are. requesting and not the higher densities of the MRG or MRD zoning. Mr. Ross requested that a zoning classification of R1-12 be designated for this property. The intent is not to develop the property with 12 , 000 square foot lots, however. It is felt that only a clustered type of development would be appropriate for this site. Further, because of the site constraints, the RA designation would effectively deny the owners any reasonable use of the property. There would need to be soil engineering survey and soil analysis done. In addition, more open space would be provided with the clustering type of development. 9 Planning Commission Minutes October 25, 1993 Commissioner Haylor commented that when you're talking about clustering townhouses, it still means some type of multifamily dwellings . The public hearing was closed at 10 : 20 PM. A discussion ensued concerning continuing the meeting in order for the Commissioners to consider the information presented at the hearing and make a recommendation to the City Council. MOTION WAS MADE and SECONDED to adjourn the hearing and continue the meeting to November 8 , 1993 at 7 : 00 PM. MOTION CARRIED. Respectfully submitted, 0aes . Har is, secretary 10 KENT PLANNING COMMISSION MINUTES November 8 , 1993 The meeting of the Kent Planning Commission was called to order by Acting Chair Heineman at 7 : 00 pm on November 8 , 1993 in the Kent City Hall, Chambers West. PLANNING COMMISSION MEMBERS PRESENT: Edward Heineman, Jr. Gwen Dahle Kenneth Dozier Bob MacIssac Kent Morrill Janet Nuss PLANNING COMMISSION MEMBER ABSENT: Albert Haylor Christopher Grant Raymond Ward PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Kevin O 'Neill , Planner Matt Jackson, Planner Chris Holden, Recording Secretary OTHER STAFF MEMBERS PRESENT: Bill Wolinski, Public Works APPROVAL OF OCTOBER 25 , 1993 MINUTES The MOTION was made to accept the October 25, 1993 minutes as presented. The motion was SECONDED. Motion CARRIED. OTHER COMMUNICATIONS/MEETINGS Mr. Harris mentioned the Planning Commissioners are invited to attend a meeting on November 30, 1993 , a Capital Facilities seminar with the City Council will be held from 5 PM to 9 PM. The following continued hearings were for Planning Commission deliberation and recommendation to the City Council exclusively. 1 Planning Commission Minutes November 8 , 1993 #CPA-93-2 CHESTNUT RIDGE A continuation from October 25 , 1993 concerning the initial Comprehensive Plan land use designations for the Chestnut Ridge Annexation Area. The area is bounded by S. 200th Street on the north, 100th Avenue S . on the east, S . 208th Street on the south and 92nd Avenue S. on the west. City staff is recommending that the area be designated as SF 6, Single Family, north of 208th Street and SF 1, Single Family, south of 208th Street. Chair Nuss made a MOTION that the Alternative #1 be approved. MOTION died for lack of a second. A observation was made that due to the steepness of the area as well as the desire of the majority of residents in the area to preserve the current status quo, Alternative 1 should be approved. In opposition, another comment was made that the zoning should be changed to allow cluster housing. There would still be less density, but the property owner would be able to obtain a reasonable return on the property. Further discussion mentioned that since the City of Kent already has a large portion of its housing in multifamily, no further multifamily zoning should be considered. It was mentioned that allowing cluster housing to be constructed in this area, would help preserve a green belt and well as help alleviate some of the drainage problems in the area. It was MOVED and SECONDED that Alternative 1 BE sent to the City Council for final approval . MOTION CARRIED. Mr. Satterstrom asked if the single-family overlay would be considered for this area . Chair Heineman thought it was included in the Planning Commission ' s recommendation to the City Council. Commissioner Dozier asked if a modification could be made to allow cluster housing in this area . Mr. Harris stated the City does not have a cluster housing ordinance. Further, a Planned Unit Development housing can only be considered in multifamily zoned areas . #AZ-93-1 CHESTNUT RIDGE ANNEXATION AREA INITIAL ZONING The previous hearing of October 25 , 1993 concerning the land use zoning for the newly annexed area of Kent. This area, which is approximately 187 acres, is generally bounded by S. 200th Street to the north, S . 208th Street to the south, 92nd Avenue S. to the west, and 100th Avenue S . to the east. Subsequent to the annexation of the area by the City, the entire area was zoned R1-201 Single-Family Residential , pursuant to Section 2 Planning Commission Minutes November 8 , 1993 15 . 03 . 020 (E) (2) of the Kent Zoning Code. The purpose of this process is to establish initial zoning for the annexation area, as outlined in Section 15 . 09 . 055 of the Zoning Code. Chair Heineman asked that Alternative 2 view foil be shown. This alternative recommends R1-7 . 2 for the area north of S. 208th Street and R1-12 for the area south of 208th Street. Under King County, a portion of the area was zoned as Growth Reserve, 1 lot per 5 acres until the end of 1994 and then the zoning would become RS-5000 . Alternative 3 recommended MRD, Duplex Multifamily, for the around south of 208th and a portion to the north of S . 208th; R1-7 . 2 , Single Family Residential , between S . 208th and S. 202nd and north of S . 202nd, R1-5 . 0 , Single Family Residential . Mr. O'Neill explained that the previous County zoning was RS-9600 . A property owner, while still under King County jurisdiction, applied for both a subdivision and a planned unit development. At this point, the subdivision is vested. The Planned Unit Development application is not vested . Alternative 1 proposes that the overall density remain the same , R1-9 . 6 . MOTION MADE and SECONDED to accept zoning Alternative 1 . MOTION PASSED. This matter will go to City Council on November 16 and be schedule two public hearings, 30 days apart. Two dates have been set for December 7 , 1993 and January 18 , 1994 . MOTION MADE and SECONDED to adjourn the public hearing at 7 : 40 PM. MOTION PASSED. Respectfully submitted, 2,4/t .- �— Came eHarris, Recording Secretary 3 CONSENT CALENDAR 3 . City Council Action: 4� Councilmember ffialv'V� moveq,� uncilmember V/ ( \ -�sec$nd-s that Consent Calendar Items A through R be approved. 1 I , Discussion Action 3A. Approval of Minutes . J Approval of the minutes of the regular Council meeting of November 16, 1993 , and the Special Council meeting of y November 30, 1993 . �1 Iti� 3B. Approval of Bills. Approval of payment of the bills received through November 30, 1993 , after auditing by the Operations Committee at its meeting on December 71 1993 . \� roval of checks issued for vouchers: Date Check Numbers Amount Approval--of checks issued for payroll: a Check Numbers A t Council Agenda Item No. 3 A-B Kent, Washington November 16, 1993 Regular meeting of the Kent City Council was called to order by Mayor Pro Tem Woods at 7 : 00 p.m. Present: Councilmembers Johnson, Mann, Orr and White, Chief Administrative Officer McCarthy, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Chief Crawford, Acting Finance Director Miller, Acting Parks Director Thorell, and Human Resources Director Olson. Councilmembers Bennett and Houser were excused. Approximately 85 people were in attendance. PUBLIC Regional Justice Center Update. Wendy Keller, COMMUNICATION Project Manager, noted that the presentation materials reviewed tonight will also be avail- able at the Community and Business Advisory Board meeting tomorrow evening, as well as the Town Hall Meeting on Thursday night. She explained that a copy of the schedule is being distributed as a public: guide and summary of the project. Keller noted that a consultant has been hired to re-examine the traffic and that the scope will come back to City staff for review before it is initiated. She explained that it will take about three weeks to calculate the new traffic figures and come up with a summary after a review of what the City and County have done to date. She noted that the traffic figures, along with a work scope regarding the number of parking spaces, will be done around the last of January. Keller noted that the schematic design documents are finished and' that another special meeting with members of the City ' s Technical Advisory Group was held to keep them appraised of how the facility is going together both externally and internally. Jerry Ernst, TRA, made a short presentation and explained that the site plan describes the basic organization of the site, the model shows some- thing about the form, and the elevation shows what the Center will look like. Keller noted that room for expansion was allowed in front of the Courthouse and for other potential public uses on the north side . 1 November 16, 1993 PUBLIC Chief' s Commendation Award. Police Chief COMMUNICATION Crawford explained that the Chief ' s Commendation Award is being presented to Derby Cycle at the request of the Mayor. The Bicycle Patrol dis- played the Raleigh bicycles specially built for the patrol. Crawford explained that a series of bicycle rodeos were initiated this past summer in which business people were asked to participate, and that Ed Johnson, Director of Manufacturing for Derby Bicycle, was one of the first to volun- teer. He noted that Johnson, along with some of the mechanics, helped the young people with their bicycles as well as assisting the Police Department with putting the program together. Chief Crawford presented a plaque and two pic- tures to Mr. Johnson and expressed appreciation for his contribution to the Police Department and the City of Kent. Johnson thanked the Bicycle Patrol Officers who put their lives on the line for everyone in the community. He noted that they have done more than their share by giving their own time to come out and help in the rodeos. He added that the patrol produces good will in the community and everyone benefits from it. National Night out Award. Lt. Rufener, Police Administration Services , noted that National Night Out is a national event where 8500 different communities nationwide and in Canada participate. She noted that the City of Kent has participated in this event for the last nine out of ten years and has received one of the top ten awards for cities of the same size. She presented the award to the City Council to be viewed by the citizens of Kent. Block Watch Contest Awards. Lt. Rufener of the Kent Police Department explained that a National Night Out event was held on August 3rd, which consisted of a partnership between the Police Agency, the community, and the citizens . She stated that the purpose of this program is to encourage people in the community to be the eyes and ears of the Police Department since they cannot be everywhere at the same time. She 2 November 16 , 1993 PUBLIC announced the winners of the contest as follows: COMMUNICATION lst Place, Captain Frank Ives of the Dover Court area on West Hill; 2nd Place, Captain Yvonne Monk of the Highridge area; and 3rd Place, Captain Joy Dickson of the 37th Place S. area. She also noted that Kent has 80-85 block groups who participate in this program, and thanked everyone for their help. ADDED ITEM - ADDED BY COUNCILMEMBER ORR Certificate of Recognition-Project Lighthouse. Orr explained that she attended a luncheon cele- brating the first anniversary of the concept of Project Lighthouse. She noted that the City of Kent was presented with a "Certificate of Recognition" award which she read and presented to Mayor Pro Tem Woods . Woods noted that Project Lighthouse is one of the most exciting programs the City has been involved with for a long time, and that they are proud to be asso- ciated with the program. She added that the City will continue to be involved and expressed appreciation for the recognition. CONSENT WHITE MOVED that Consent Calendar Items A CALENDAR through M be approved, including the addition of Councilmember Bennett ' s request for an excused absence from tonight ' s meeting. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of November 2 , 1993 . HEALTH & (CONSENT CALENDAR - ITEM 3K) SANITATION Washington Avenue Short Plat Utilitv Extension. ACCEPTANCE of the bill of sale and warranty agreement submitted by Young Development and Construction Co. , Inc. for continuous operation and maintenance of 220 feet of water main extension, and 292 feet of sanitary sewers and release of bonds after expiration of the mainte- nance period, as recommended by the Public Works Committee. The project is located in the vicinity of Washington Avenue & James Street. 3 November 16, 1993 HEALTH & (CONSENT CALENDAR - ITEM 3L) SANITATION The Lakes, Division 3 . ACCEPTANCE of the bill of sale and warranty agreement submitted by University Savings Bank for continuous operation and maintenance of 3 , 402 feet of sanitary sewers and release of bonds after expiration of the maintenance period, as recommended by the Public Works Committee. The project is located in the vicinity of Russell Road & Lakeside Blvd. West. SEWERS (OTHER BUSINESS - ITEM 4F) 5th Avenue Emergency Sewer Replacement - Titus to Saar Streets. During the recent reconstruc- tion of the water main and storm sewer system on 5th Avenue, the Public Works Department found that the sandy road bed under the street pave- ment section is being washed into the sanitary sewer system, creating significant voids . Due to the hazardous condition that exists to the public, the Public Works Director asks that this situation be declared an emergency. In so doing, the Public Works Department would proceed in securing a contractor to start the recon- struction work as soon as possible. The total cost is estimated to be $120, 000 to $150, 000, including street restoration. Wickstrom noted for White that there are sidewalks in the area. WHITE MOVED to acknowledge that an emergency situation as described in the Public Works Director ' s memo of November 8th exists, and to direct and authorize the Public Works Director to proceed with resolving the matter accord- ingly. Orr seconded and the motion carried. WATER (CONSENT CALENDAR - ITEM 3D) Water Billing Adjustments. ADOPTION of Ordi- nance No. 3143 expanding the language in the water leak ordinance to include other types of abnormal or extraordinary adjustments and streamlining the adjustment process with expanded guidelines and Finance Director adjustment authorization; and under these guidelines, authorization to grant a one-time only 50% adjustment of $639 . 05 to Union Pacific Railroad and $191. 27 to United States Post Office. 4 November 16, 1993 WATER (CONSENT CALENDAR - ITEM 3H) Miscellaneous Water Main Rebuilds . AUTHORI- ZATION to accept as complete the contract with Briggs Construction Company for the Miscel- laneous Water Main Rebuilds project and release of retainage after receipt of State releases. STORMWATER (OTHER BUSINESS - ITEM 4G) DETENTION Union Pacific Realty Land Purchase - Agreement In conjunction with implementing the Wildlife Preserve/Valley Stormwater Detention project, significant property adjacent to the abandoned Sewer Lagoon needed to be acquired. As a result, the Public Works Department has secured a Purchase and Sale Agreement. A memorandum thereon and the Purchase & Sale Agreement was included in Council packet. The Public Works Department recommends that the Council concur with the terms and conditions of the Purchase and Sale Agreement, and direct and authorize the Public Works Director to proceed accordingly. WHITE MOVED to accept and concur with the terms and conditions of the Purchase and Sale Agree- ment, to adopt same, and to direct and authorize the Public Works Director to proceed with the purchase pursuant to the terms of said agree- ment. Mann seconded and the motion carried. SOLID WASTE (CONSENT CALENDAR - ITEM 3G) King County Comprehensive Solid Waste Management Plan. ADOPTION of Resolution No. 1373 endorsing the 1992 King County Comprehensive Solid Waste Management Plan, as recommended by the Public Works Committee. The suburban cities and the county have 120 days as of September 22 , 1993 to formally adopt the Plan . TRAFFIC (CONSENT CALENDAR - ITEM 3F) CONTROL 277th Corridor Project Interlocal Agreement AUTHORIZATION for the Mayor to sign the Inter- local Agreement with King County as identified in the proposed King County Road Establishment Ordinance for the 277th Corridor project, as recommended by the Public Works Committee. The agreement would be in substantially the same form, terms, and conditions as the Draft agree- ment provided in the agenda packet. 5 November 16, 1993 TRAFFIC At the October 27th King County Transportation CONTROL Committee meeting, the 277th Corridor Road Establishment Ordinance was passed out of Committee with a 2-to-1 favorable (DO Pass) recommendation to the full Council. An attach- ment to the Ordinance will be an Interlocal Agreement which Kent must execute in order to make the Ordinance effective. (CONSENT CALENDAR - ITEM 3I) Central Avenue & 259th Traffic Signal. AUTHORIZATION to accept as complete the contract with Service Electric Company, Inc. for the Central Ave. & 259th Traffic Signal project and release of retainage after receipt of State releases. FINAL PLAT (CONSENT CALENDAR - ITEM 3C) West Meadow Final Plat #FSU-93-2 . AUTHORIZATION to set December 7 , 1993 as the date for a public meeting to consider a final plat application made by Betty Lou Buttkus (FSU-93-2) . The Council approved a recommendation from the Hearing Examiner for the Preliminary Plat (SU-93-2) on September 21, 1993 . The plat is . 83 acres, consists of three lots and is located at the southwest corner of S. E. 248th Street and 115th Avenue S. E. ZONING (CONSENT CALENDAR - ITEM 3E) Chestnut Ridge Zoning. AUTHORIZATION to set December 7 , 1993 and January 18 , 1994 as public hearing dates to consider the initial zoning and comprehensive plan for the Chestnut Ridge Annexation area. GROWTH (OTHER BUSINESS - ITEM 4C) MANAGEMENT EIS for Growth Management - Approval of Budget. The City Council previously authorized staff to distribute a Request for Proposals to prepare an Environmental Impact Statement (EIS) for the Comprehensive Plan. Based on review of the pro- posals and interviews with consulting firms, staff has identified the need for a budget of $50, 000 to complete this project. Planning Director Harris noted that the Budget Committee has approved this item. JOHNSON MOVED to authorize the allocation of $50, 000 from the 1993 Capital Improvement Program Contingency 6 November 16, 1993 GROWTH fund for the Comprehensive Plan Environmental MANAGEMENT Impact Statement (EIS) , and to authorize staff to prepare a contract for review and signature by the Mayor. White seconded and the motion carried. APPEALS (PUBLIC HEARINGS - ITEMS 2B & 2C) Applewoude Estates Rezone and Preliminary Plat Appeals (RZ-93-2 and SU-93-3) . Jeffery J. Wolfson has filed an appeal of the Hearing Examiner ' s recommendation of denial of an application to rezone 6 . 5 acres from R1-12 , Single Family Residential, with a minimum lot size of 12 , 000 sq. ft. , to R1-7 . 2 , Single Family Residential, with a minimum lot size of 7 , 200 sq. ft. The property is located at 10922 and 11004 SE 244th Street . Jeffery J. Wolfson has also filed an appeal of the Hearing Examiner ' s recommendation of denial of an application for a 21-lot single family preliminary subdivision. This preliminary plat request is in conjunction with the rezone request. The property :is located at 10922 and 11004 SE 244th Street. City Attorney Lubovich explained the appeal process. He then recommended that the appeals be consolidated, and that the related rezone and preliminary plat items scheduled for later on the agenda be called out of order. He noted that Mr. Wolfson has agreed to this procedure. ORR MOVED to consolidate the two appeal hearings and to call the rezone and preliminary plat items out of order. Johnson seconded and the motion carried. Woods noted receipt of a letter from William J. Carey. WHITE MOVED that the letter be made a part of the record. Orr seconded and the motion carried. Matt Jackson of the Planning Depart- ment presented a letter from Noelle Rogerson, noting that it was received at the time of the Hearing Examiner ' s first hearing but was not made a part of the record. ORR MOVED to make the letter a part of the record. Johnson seconded and the motion carried. Jackson then noted that there are two portions of wetland on 7 November 16, 1993 APPEALS the site and two existing single family resi- dences with accessory buildings. He added that the neighboring land uses are mainly single family residential, that there are commercial and office developments along 104th and 240th, and that two apartment buildings abut the subject property to the north. Jackson noted that the Hearing Examiner has recommended denial of both requests, but has asked that if the Council chooses to approve them, that the subdivision be remanded back for conditions. Mayor Pro Tem Woods declared the public hearing open. Tom Rhinevault, P .O. Box 605 , Everett, of Tacoma Associates , stated that the reason they have appealed the Hearing Examiner ' s decision is because they feel an error was made by the Hearing Examiner. He said it is inefficient to require larger lots in areas where community facilities such as water, sewer, and transporta- tion are available. He stated that the property is urban and that smaller lot sizes would reduce urban sprawl. Rhinevault noted that their proposed rezone is consistent with the Compre- hensive Plan, as well as the East Hill Subarea Plan. He said that the rezone would be com- patible with development in the vicinity, and noted that there is multi-family to the north and commercial to the west. He said that since there are no traffic counts available for SE 244th, he and Wolfson did an unscientific count themselves, and that their' rezone would not unduly burden the transportation system. Rhinevault noted that circumstances have changed since the establishment of the current zoning, in that two apartment buildings have been con- structed to the north, indicating a move toward a higher urban use. He noted that he did not use the entire 30 minutes allotted for his presentation, and reserved the remaining time for rebuttal. Don Knapp, 25046 38th Avenue South, spoke against the development because the lots are too small . He noted that most people have two or three cars . Robert Bray, 10604 SE 244th, stated that there is a flooding problem in the area and showed a video of his property. He noted that the flooding problem started three or four years 8 November 16, 1993 APPEALS ago. He also spoke against the increased traffic development would cause. He said the problems in the area need to be taken care of before any development occurs. Bray explained for White that he was told by the City that the commercial property bordering his residential property would have a Class A landscape, but that is not the case. Upon White ' s question, Wickstrom noted that flood control in this area is a funded project but that there were con- demnation and acquisition of easements issues . Harris agreed to look into the landscaping issue. Orr said she would like to find out what development abuts this property, and what went wrong with the landscaping and how to get it installed. Mr. Gardner, 11119 SE 244th, stated that 244th is used to avoid traffic lights on Benson, and that the speed limit is too fast . He concurred with Bray about the water problem. Ed Heineman, 10824 SE 244th, agreed with the recommendation of the Hearing Examiner and voiced concern that if this rezone is granted, others will also apply for rezones, increasing traffic and other problems . He noted for Ms. Orr that there are 72 homes accessing 244th. He said he and the other residents of the area feel this develop- ment would be detrimental to the community. Elbert R. Sanders, 10925 SE 244th, agreed with the Hearing Examiner ' s decision, voiced concern about traffic, and said that the area is not ready for such a development. He urged the Council to keep the lots at a minimum of 12 , 000 sq. ft. Upon comments from C. B. Mills, 24436 109th Place SE, regarding where the Kent planners live, Woods stated that it is an insult to the public process and to those who make the decisions when emotions are not kept in line. Robert Houck, 11030 SE 244th, noted that the residents are frustrated by the domino effect of actions taken by the city in zoning the area. Mr. Rhinevault noted that the Kent School District favors single family homes rather than multi-family, and pointed out that the homes existing there are single family homes. He pointed out the need for affordable housing, which begins with small lots. He urged the 9 November 16, 1993 APPEALS Council to reject the Hearing Examiner 's deci- sion on the rezone and remand the application for the preliminary plat back to the Hearing Examiner for his findings and conclusions. There were no further comments and ORR MOVED to close the public hearings. Johnson seconded and the motion carried. (PUBLIC HEARINGS - ITEM 2B) Applewoude Estates Rezone Appeal RZ-93-2 . ORR MOVED to deny the appeal by Jeffery J. Wolfson of the Applewoude Estates Rezone and adopt the findings of the Hearing Examiner. Johnson seconded. White asked that staff look into the flooding problem in this area, and agreed with Rhinevault that smaller lots are the most effi- cient use of the property. Orr stated that providing smaller lots does not necessarily provide affordable housing, and that possibly developers should be required to guarantee the price of the home if smaller lots were allowed. The motion then carried. (PUBLIC HEARINGS - ITEM 2C) Applewoude Estates Preliminary Plat Appeal SU-93-3 . ORR MOVED to deny the appeal by Jeffery J. Wolfson of the Applewoude Estates Preliminary Plat and to accept the findings of the Hearing Examiner. Mann seconded and the motion carried. REZONE (OTHER BUSINESS - ITEM 4A) Applewoude Estates Rezone RZ-93-2 . The Hearing Examiner has recommended denial of an applica- tion by Jeffery J. Wolfson to rezone 6 . 5 acres from R1-12 , Single Family Residential with a minimum lot size of 12 , 000 sq. ft. , to R1-7 . 2 , Single Family Residential, with a minimum lot size of 7 , 200 sq. ft. This rezone is in con- junction with a preliminary plat request SU-93-3 . The property is located at 10922 and 11004 SE 244th Street. ORR MOVED to accept the findings of the Hearing Examiner and to adopt the Hearing Examiner ' s recommendation of denial of the Applewoude Estates Rezone. Johnson seconded and the motion carried. 10 November 16, 1993 PRELIMINARY (OTHER BUSINESS - ITEM 4B) PLAT Applewoude Estates Preliminary Plat SU-93-3 . The Hearing Examiner has recommended denial of an application by Jeffery J. Wolfson for a 21- lot single family preliminary subdivision. This is in conjunction with the Applewoude Estates rezone request. The property is located at 10922 and 11004 SE 244th Street. ORR MOVED to accept the findings of the Hearing Examiner and to adopt the Hearing Examiner' s recommendation of denial without prejudice of the Applewoude Estates Subdivision SU-93-3 . Johnson seconded and the motion carried. BRIDGE (CONSENT CALENDAR - ITEM 3J) REMOVAL S . 196th Street Bridge Removal. AUTHORIZATION to accept as complete the contract with Frank Coluccio Company for the demolition of the S. 196th St. Bridge at Mill Creek and release of retainage after receipt of State releases. PARKS & (BIDS - ITEM 5A) RECREATION Interurban Trail Bridge Replacements. Eighteen bids were received for the Interurban Trail Bridge Replacement project. Frank Coluccio Construction Company was the low bidder at $76, 737 . The engineer ' s estimate was $96, 300 . Parks Administration recommends award to the low bidder. JOHNSON MOVED to award the Interurban Trail Bridge Replacement project to Coluccio Construction Company Inc. in the amount of $76 , 737 . White seconded and the motion carried. COURT (OTHER BUSINESS - ITEM 4E) Municipal Court Judge confirmation. CONFIRMATION of the Mayor ' s appointment of Carole A. Grayson as Municipal Court Judge has been scheduled for this date. Ms. Grayson' s appointment will be for a term of four years commencing January 1, 1994 . Johnson reiterated that this is a four-year appointment, and MOVED to deny confirmation of the current nominee so that the Mayor-elect can consider the qualifications of this and all other candidates. He noted that this would allow the Mayor and the Mayor-elect an oppor- tunity to concur on the appointment before 11 November 16, 1993 COURT December 1, 1993 - Johnson stated that con- firmation will take place at a special Council meeting to be held at 4 : 45 p.m. on November 30, 1993 , prior to the scheduled workshop. Orr seconded Johnson' s motion, which then carried. APPOINTMENTS (OTHER BUSINESS - ITEM 4D) planning Reappointments to Library Board, Commission Human Services Commission. CONFIRMATION of the Mayor ' s reappointments of Luella White as a member of the Kent Library Board, Edward Heineman, Jr. and Robert McIsaac as members of the Kent Planning Commission, and Susan Ramos and Lucyle Wooden as members of the Kent Human Services Commission was scheduled for November 2nd. At that time, research was requested as to when these terms expire, when they need to be reappointed, and whether con- firmation is required. Results of this research are contained in the City Attorney' s memo, included in the agenda packet. Woods explained that the Attorney ' s memo suggests that all Planning Commission action be deferred because the State law takes precedence, and because the appointments are being redone in order to ensure that the terms are staggered. Lubovich clari- fied that confirmation is required on all of the appointments. WHITE MOVED to approve the Mayor' s reappointment of Luella White to the Kent Library Board, and Susan Ramos and Lucyle Wooden to the Kent Human Services Commission. Orr seconded and the motion carried. COUNCIL (CONSENT CALENDAR - ITEM 3M) Council Absences. APPROVAL of requests from Councilmembers Bennett and Houser for excused absences from the November 16 , 1993 , City Council meeting. BUDGET (PUBLIC HEARINGS - ITEM 2A) 1994 Budget. The hearing on the 1994 Budget has been continued to this date. The Budget Commit- tee has been scheduled to meet on November 15th at 3 : 00 p.m. and on November 29th at 4 : 00 P.M. Any final changes as a result of the public hearing or the Budget Committee meetings will be included in the final adoption scheduled for the December 7th Council meeting. 12 November 16, 1993 BUDGET McCarthy explained that the 1994 Budget totals $73 . 5 million which is up from $70 . 4 million in 1993 , and that the General Fund portion totals $35 . 9 million, up from $34 million in 1993 . He noted that the budget is balanced with no new taxes except the annual impact of the State pro- perty tax lid law of which information will not be received until the first week in December. He explained that the other increase in the budget is for the sewer rate increase approved by Council which is a pass-through from Metro. He also noted that a tax decrease associated with a rebate of unspent Senior Housing Bond Issue money is included which will be trans- ferred to the Debt Service Fund to help reduce the property tax levy . McCarthy explained that the initial step in preparing the budget was to use a conservative revenue forecast, and to implement Resolution No. 1327 increasing the contingency fund equal to to of the expenditures which amounted to an increase from $975 , 000 to $1, 350, 000 for 1994 . He noted that the major increases are for employee step increases , contract increases such as the Health Services Contract with King County and Valley Com, and a 2 . 5% cost-of-living ad- justment for all City employees . He explained that there will be no increase to the King County Library District in 1994 because voters approved annexation to the King County Library District in the September, ' 1993 election. McCarthy stated that the three major items recommended for the 1994 budget are: 1) $650, 000 for Public Safety; 2) $75, 000 for Economic Development; and 3) $240 , 000 for City Productivity. He noted that the key Capital Improvement items include funds for sidewalk rehabilitation, park rehabilitation, growth management studies, and a Senior Center bus to be shared with the Harrison House residents. Acting Finance Director Miller noted that the preliminary budget documents which detail the information presented tonight are available in the City Clerk ' s Office and the Finance Depart- ment. Mayor Pro Tem Woods then declared the public hearing open. 13 November 16, 1993 BUDGET Jerry Prouty, President of the Kent Downtown Partnership (KDP) , thanked the City for their support and acceptance of the KDP as a main street partner at the highest level of partici- pation. He noted that the KDP is budgeted for future funding from the City, and they are counting on those funds to continue their efforts. Wayne Thueringer, 858-1st Avenue North, Kent, noted that on page 20 of the pre- liminary budget document, an expenditure of $33 , 150 is shown for replacement of three motorcycles for the Police Department, which he favors, but not with Kawasaki bikes . He feels the City should support American industry. Pat Curran, 300 Scenic Way, Kent, and current Chairperson of the Performing Arts Task Force, thanked the Council for releasing funds last spring which allowed the Performing Arts Task Force to proceed with Phase II of their project. She noted that Baumgartner Architects have been selected to complete the Phase II work and thanked the Council for their continued support. Don Lenhart, CEO Senior Services of Seattle and King county, thanked the Council for including money in the budget for the volunteer trans- portation program. He noted that the program will be providing over 12 , 000 miles of escorted services to seniors in Kent who are unable to get to doctor ' s appointments because of physical or mental disabilities . Mariiean Heutmaker, Kent Human Services Commission member, noted that the Commission is requesting allocation of funds for 20 programs within 14 agencies for the 1994 Budget. She thanked the Council for their continued support of Human Services. Dee Winship, Boardmember of the King County Sexual Assault Resource Center, thanked the Council for the many years of support which helps to provide services to the citizens of Kent. Mary Lou Becvar, Executive Director/Coordinator of the Kent Community Service Center, thanked the Council for the many years of support. Dick Looney, Board President of South King County Multi Service Center, noted that the Center is one of the largest providers of housing in the area and that they have 32 units in the City of Kent. He noted that the Center recently acquired another 24 units. He informed the 14 November 16, 1993 BUDGET Council that Dave Daniels is the newly appointed South King County Multi Service Center Housing Director/Coordinator. Judy Peterson, Executive Director of Pregnancy Aid, noted that the agency serves single, pregnant women and that it is done through the shelter program. She thanked the Council for their continued support. Kathy Peters, Executive Director of Catholic Community Services, thanked the Human Services Commission for the many hours spent in making difficult decisions . She noted that the City of Kent is a leader in helping to provide counselling and that without it many of the families would con- tinue to have problems. She thanked the Council for their support. Chris Hogan, Valley Cities Mental Health, thanked the Council for their support in helping to provide counselling and support services to numerous men, women and children. Lynn Roberts, Program Director of Washington Women' s Employment and Education, noted that this program helps take people off welfare. She also noted that the City ' s dona- tion of $10 , 000 in 1994 will turn into $22 , 500 because of Federal matching funds. Steve Anderson, Executive Director of Children' s Therapy Center, thanked the Council for their continued support over the years on behalf of the staff and young children with disabilities . He stated that in this time of Health Care Reform sometimes children don ' t have insurance coverage, so it is nice to have the funds that the City of Kent makes available. Rita Hagen, Program Manager of Child Care Resources, noted that the City of Kent has supported this agency since the beginning in 1990, and that the support is greatly appreciated. Bill Carlton, Board President of Kent Youth and Family Services, noted that many things the City of Kent does are on the cutting edge and that this agency is very conscious of the support Kent offers. He thanked the Council for that support. Hans Rasmussen, Executive Director of Kent Youth and Family Services, noted that the City of Kent sponsors three programs : 1) Watson Manor, which is a residence for teenage parents, 2) a Counselling Program, and 3) the Drop In Center at Kent-Meridian High School. He ex- pressed his appreciation for the support. Dee Moschel , Board President of Community Health 15 November 16 , 1993 Centers of King County, thanked the Council for BUDGET the support and help in expanding their services in Kent to help others. She noted that she is very proud of a city that is so supportive of human services. Woods expressed appreciation to the representatives of the different agencies for coming out to share with the Council. She noted that the Council will try to do everything they can to help provide these services in there community. She stated that all the agencies doing an excellent job, and the Council knows that the City' s money is being used well. There were no further comments Oand rr se WHITE MOVED to close the public hearing. d and the motion carried. FINANCE (CONSENT CALENDAR - 3B) of the Approval of Bills . APPROVAL of payment bills received through November 15 , 1993 , after auditing by the operations Committee at its meeting on December 7 , 1993 . REPORTS Council President. Woods reminded citizens of the Town Hall Meeting on Thursday, November 18 , will at the Senior Center . She noted andtthe e re meeting be exhibits from 6 : 00-7 : 00 p.m. , also reminded will be from 7 : 00-8 : 30 P.M. Councilmembers that Suburban Cities will meet in Bellevue on December 8th. Administrative Reports. Lubovich noted that there will be a Council Workshop on December 7 , 1993 , at 6 : 00 p.m. regarding the ntown Sidewalk and Street Tree Plan. Lubovich introduced the new Municipal Court Administrator, Cathy Johnston. Woods welcomed her to the City. EXECUTIVE At 9 : 15 p.m. , Woods announced an executive SESSION session of approximately 15 minutes to discuss a possible litigation settlement and labor negotiations . The meeting reconvened at 9 : 35 P.M. Woods noted that meetingu and lwas bpresenteduring the executive ved at e executive session. 16 November 16, 1993 EXECUTIVE AFSCME Local 21-R Agreement. Human Resources SESSION Director Olson explained that the City had made an offer to the AFSCME Union on October 29 , 1993 , and that the offer has been accepted. MANN MOVED to ratify the agreement. Johnson seconded. Upon White ' s question, Olson noted that there is concern on the Council regarding the Administrative Services Manager and the Administrative Secretary in Administration positions. He recommended that this be taken under advisement until the Mayor-elect is in office, at which time a unit clarification for those two positions could be pursued with the Public Employment Relations Commission. Johnson noted that there may be other positions in other City departments as well; Olson concurred. The motion then carried. Settlement Agreement - Police Guild. Lubovich noted that over a year ago the Police Guild filed suit against the City for unfair labor practices regarding alleged use of part-time employees. He noted that a proposed settlement agreement has been reached covering part-time corrections officers, part-time police clerks, and volunteers. He noted that if Council approves the settlement agreement, the lawsuit which is scheduled for trial on December 7 , 1993 , will be dismissed. MANN SO MOVED. Johnson seconded and the motion carried. ADJOURNMENT The meeting was adjourned at 9 : 40 p.m. Brenda JaG6he CMC City Clerk 17 Kent, Washington November 30 , 1993 A special meeting of the Kent City Council was called to order at 4 : 50 p.m. by Mayor Pro Tem Woods. Present: Councilmembers Bennett, Johnson, Mann, Orr and White, Chief Administrative Officer McCarthy and Assistant City Attorney Brubaker. Woods noted that Brubaker had just distributed a memo and requested that the Council adjourn into executive session to discuss it. Brubaker noted that the executive session will last approximately ten minutes and that it is in regard to potential litigation that may arise from the Council ' s confirmation process for municipal court judge. The meeting reconvened at 5 : 10 p.m. and JOHNSON MOVED that the letter from Pete Curran be made a part of the record. White seconded and the motion carried. Woods stated that this special meeting was called to discuss a potential agreement between the current Mayor and the incoming Mayor, but that there is no agreement between them, and therefore all further discussion of this issue is deferred. The meeting was adjourned at 5 : 12 p.m. Brenda J o er, CMC City Clerk Kent City Council Meeting Date December 7 , 1993 Category Consent Calendar 1. SUBJECT: N - BUSINESS INSPECTIONS - FIRE DEPARTMENT 2 . SUMMARY STATEMENT: Authorization for the Mayor to sign an interlocal agreement between King County and the City of Kent for 1994 . Each year the City signs an agreement with King County and the Commissioners of King County Fire District #37 which allows the Fire Department to perform business inspec- tions in the Fire District. ,.The.- advantage -is that -the -Fire - BepaY'tYtment--is able--t-o_better evaluate -and-mitigate -hazards --t4triDtigh--f-iei-d-- inspeotioa. -._ThAa County jai-ll--send--money -to cover th eest-of--i-pasurance._-premiums as weu-Id--be--e-a-l-eu-1ated if the �;}�v;��id et -- lave self-insurance. A-1so- ---th-e---e±- y-w333 receive --the--hazardous_mate-ria-Is---public--assembly -- a speeti�n }9er�nit-€ee. The contract remains unchanged from previous years. 3 . EXHIBITS: Interlocal Agreement between King County and the City of Kent 4 . RECOMMENDED BY: Norm Angelo, Fire Chief and the 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: $ N/A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3C INTERLOCAL AGREEMENT BETWEEN ICING COUNTY AND THE CITY OF KENT WHEREAS, RCW 19 . 27 . 030 provides that on and after January 1, 1975, there shall be in effect in all cities, towns, and counties of the state a state building code; and WHEREAS, RCW 19 . 27 . 030 (3) provides that a portion of the aforementioned code shall consist of the Uniform Fire Code and the Uniform Fire Code Standards, published by the International Conference of Building Officials and the Western Fire Chiefs Association; and WHEREAS, RCW 19 . 27 . 040 authorizes counties to amend any component of the state building code as it applies within its jurisdiction in all such respects as shall not be less than the minimum performance standards and objectives enumerated in RCW 19 . 27 . 020 ; and WHEREAS, KCC 17 . 04 . 020 provides that the terms "fire chief" and "fire department" as used in the Uniform Fire Code shall mean fire marshal and fire marshal 's office of King County, respectively; and WHEREAS, Section 2 . 103 (a) of the King County Modifications to the Uniform Fire Code, as adopted by K. C. Ordinance 8184 provides the King County Fire Marshal 's Office shall have responsibility for inspections and the enforcement of the fire prevention provisions of the code; and WHEREAS, Section 2 . 103 (c) of the King County Modifications to the Uniform Fire Code, as adopted by K.C. Ordinance 8184 provides the King County Fire Marshal ' s may, by written contract, delegate to the chiefs of the fire districts and fire departments authority for inspections and/or the enforcement of the fire prevention provisions of the code within their respective jurisdictions. WHEREAS, the King County Council approved this agreement per Ordinance WHEREAS, the City of Kent, hereafter "The City" desires to provide by agreement for effective inspection pursuant to the Uniform Fire Code within the jurisdictional boundaries of King County Fire District #37 and effective administration and inspection of the Hazardous Materials Inspections/Permit program: IT IS THEREFORE AGREED AS FOLLOWS : 1. OBLIGATIONS: In consideration of the promises of the City, King County agrees to continue to assume the enforcement powers for the Uniform Fire Code: as provided for by King County Title 23 , to be responsible for the issuance of all required permits or certificates, to collect all required permit fees, to transmit and disburse to the. City of Redmond monetary sum as defined below in Paragraph 9; and to pay for additional insurance premium charges to the City of Redmond that are incurred as a result of the City' s participation in the activities described in this contract, as provided herein. B. In consideration of the promises of King County herein before set forth, the City agrees to perform inspections in accordance with the terms and provisions of the Uniform Fire Code of King County, and the guidelines established by the King County Fire Marshal . The City agrees to inspect occupancies, as defined in Table 5A of the Uniform Building Code, other than single-family dwellings and those occupancies classified a "M" on an annual basis. The City further agrees to make one reinspection when required. Additional reinspections or other actions required for code compliance may become the responsibility of the King County Fire Marshal ' s Office. The City further agrees to inspect occupancies within its jurisdiction for conditions requiring permits under the Uniform Fire Code. Such inspections shall take place as part of the routine annual maintenance inspection. When a condition requiring permit is identified, the City shall provide the occupant with a permit application, verify code provisions for the permitted use or material being met, initiate corrective action when needed, and notify the Fire Marshal ' s Office of any expired or missing permits. If for any reason the City cannot meet the above objective, the City will seek additional assistance from the King County Fire Marshal ' s Office. The promise'of the City to inspect occupancies is not intended for the benefit of any third party solely to provide assistance to the King County Fire Marshal ' s Office. 2 . TIME OF PERFORMANCE; This agreement shall be effective on the 1st day of January, 1994 , and terminate on the 31st day of December, 1994 . 3 . AUDITS AND INSPECTION: All records and documents with respect to this Agreement shall be subject to mutual inspection and review by both parties during the performance of this Agreement and seven (7) years after termination. 4 . NONDISCRIMINATION: During the performance of this Contract, neither the City nor any party subcontracting under the authority of this Contract shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of services or any other benefits under this contract. The City shall be in compliance with all applicable requirements of Section 504 of the Rehabilitation Act of 1973 as amended and the Americans with Disabilities Act of 1990. 5. MODIFICATION: This Agreement is the complete expression of terms agreed upon and any oral representation or understanding not incorporated herein are excluded. Further, any modification of this Agreement shall be in writing, signed by both parties, and made a part of this agreement. 6 . TERMINATION: This agreement shall be terminated only upon thirty (30) days written notice received by on signatory, given by the other. Failure to comply with any of the provisions stated herein shall constitute material breach and be cause for immediate termination. Any termination of this Agreement shall not terminate those obligations of either party matured prior to such termination. 7 . EMPLOYEE COMPENSATION AND CONTROL: King County shall be responsible for the payment of all salaries, wages, other benefits, and compensation to all county employees performing services under this Agreement. Further, King County shall be solely responsible for control of personnel, standards of performance, discipline, and all other aspects of performance of all county employees performing services under this Agreement. The City shall be responsible for the payment of all salaries, wages, other benefits, and compensation to all City employees performing services under this Agreement. Further, the City shall be solely responsible for control of personnel, standards of performance, discipline and all other aspects of performance of all district employees performing services under this Agreement. 8 . LIABILITY: The City agrees to assume responsibility for all liabilities that occur or arise in any way out of the performance of this contract by its employees only and to save and hold King County and King County employees and officials harmless from all costs, expenses, losses, and damages, including the cost of defense, incurred as a result of any acts or omissions of City employees relating to the performance of this contract. The City also agrees to carry at all times during the effective period of this contract liability insurance coverage in the amount of $2, 000, 000. 00 covering the county for all activities of the Citys ' employees related to the performance of this contract. King County agrees to assume responsibility for all liabilities that occur or arise in any way out of the performance of this contract by its employees only and shall save and hold the City and City employees and officials harmless from all costs, expenses, losses, and damages, including the cost of defense, incurred as a result of any acts or omissions of King County employees relating to the performance of this contract. 9 . PAYMENT: King County agrees to pay the City an amount equal to the amount required to pay for any additional insurance premium attributable to the City's performance of obligations under this contract, not to exceed $1150. 00 during the terms of this agreement. The payment shall coincide with the City' s normal insurance billing date of July 1. King County further agrees to pay the City a sum for all permits issued to occupants within the District' s jurisdictional boundaries as calculated under the following formula: x = y x .5 This formula is meant to represent fifty percent of all permit fee revenues of the Hazardous Materials/Public Assembly Inspection Program funds. In the event of early termination of the contract, the City shall pay to King County an amount equal to any funds returned to the City by the insurance company as a result of such termination of contract. 10. ORDINANCES: King County agrees that it shall notify the City prior to the adoption of any ordinance that affects or requires inspections to be made under the Uniform Fire Code or in any way affects the duties of the City under the terms of this contract. 11. FORMS: In the event the county shall specify or require any forms or written reports which are required to be used under the terms of this Agreement, King County agrees to provide such forms to the City at the expense of the county. 12 . RECORDS: All records compiled by the City under the provisions of this Agreement shall constitute records of the City but shall be available for inspection by appropriate county officials. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed. COUNTY COUNCIL CITY OF KENT ---------------------------- ------------------------ Signature Signature (Mayor) ---------------------------- ------------------------ Name Name ---------------------------- ------------------------ County Executive Co ssioner ---------------------------- Dated sion r Approved as to form �- - - -- ------ Comm ssioner ---------------------------- ------------------------ Deputy Prosecuting Attorney Dated 10/3/93 contract/gj l Kent City Council Meeting Date December 7 1993 Category Consent Calendar 1. SUBJECT: LANDING WAY STREET VACATION (VAN DOREN'S LANDING) 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, 4doption of Resolution No. /37 gf setting January 4th as the public hearing date for street vacation of Landing Way from 64th Avenue S . to S . 228th Street. 3 . EXHIBITS: Public Works Committee Minutes, vicinity map and resolution 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. 3D PUBLIC WORKS COMMITTEE NOVEMBER 17, 1993 PRESENT: JIM WHITE GARY GILL JIM BENNETT ED WHITE PAUL MANN MAY MILLER TONY McCARTHY RAUL RAMOS DON WICKSTROM JOHN BOND TOM BRUBAKER BRIAN JONES MR & MRS RUST Speed Bumps in Cambridge John Bond stated that last September Virginia Manning of 26840 Downing Ave. had submitted a petition to the City with 50 names requesting that the City do something about the speeding in their neighborhood, east of Star Lake Elementary School . Bond said the City did a speed study at that time which indicated 28 mph in both directions, directly in front of Mrs. Manning' s residence. Bond said that this particular block is approximately 700 ft. long and there are two 900 turns at either end. Bond said that a second speed study was taken at a later date, showing the same speed of 28 mph and 23 mph in the curve by the school . Bond stated that in his opinion, these speeds do not indicate a dangerous speeding problem. He said that unfortunately, there are no sidewalks in that neighborhood. There is a walkway at the north end of Downing to Totem Jr. High. Wickstrom said that the plan is to put in a sidewalk in that Cambridge section to eliminate that problem. Mann suggested that this item be placed on the next Public Works agenda and suggested that Bond inform the residents of same. Recycling Yard Waste Contract Deferred to next Public Works Committee meeting. Van Doren' s Street Vacation Wickstrom stated that we have received a formal petition for a street vacation on Landing Way from 64th Avenue S to S. 228th Street. He explained that Birtcher Properties wants to vacate a large portion. Birtcher owns all the adjacent property and they have a proposed development which will take a large portion of it. Wickstrom recommended that we proceed with the vacation. Wickstrom said the next Council meeting would be to establish the hearing date. \ J 1 1� Committee unanimously recommended setting a hearing date for the street vacation of Landing Way from 64th Avenue S. to S . 228th Street. Everson Annexation Wickstrom said we have received Boundary Review Board approval for a small annexation on 218th Street on the East Hill south of Garrison Creek Park. He said the next step therefore, would be to set a date for a public hearing and then decide whether or not to annex. Committee unanimously recommended Council set a hearing date for the Everson Annexation at the December 7th Council meeting. Bridge Repainting Wickstrom stated that approximately 3 months ago we received notice that federal funds were available for bridge painting projects. He said that the Meeker Street bridge over the Green River is the City ' s and was last painted in 1974 and needs to be repainted within the next 1-2 years. Wickstrom said that the bridge fell within the federal qualifications for repainting. He said the City looked at it in terms of replacement but it would not qualify for any replacement funds. He said the bridge was found to be structurally sound but functionally deficient, which means that instead of replacing it, they would allow us to build a parallel two lane bridge, thus having four lanes with two bridges . Wickstrom said we applied for a grant; the total bridge painting project is $260, 000 and we received an 80% grant. He said our share is $52 , 000. He said there is money left over in the unencumbered funds of the Street Capital Improvement funds to pay for our share. Wickstrom requested the Committee ' s approval for authorization to accept the grant, establish the budget and fund the local match. In response to White, Wickstrom said we have never painted the bridge because it was previously a State project, however after building the 516 by-pass, the State turned it over to us. Committee unanimously recommended authorization to accept the grant, establish the budget and fund the local match. Basketball Hoops Wickstrom said that this issue has already been discussed with Bennett and Mann. He said that residents have notified the City that there are basketball hoops placed adjacent to a City right of way or road. Wickstrom said the road is being used as a play area for shooting basketballs and there is a liability to that. He said we have had to respond recently because of complaints, and had to address one in particular. In so doing, we saw six others on the 2 r� OBRIIEN 1 ELEMEN TAPY ■$C HOOL I W 7 � < Fire Station z ® N S, 216 tR. ST. r` Plan! 1 S. 220TH ST a c 1 J< I rQ htdllOn r I 1 12 7 14 13 � S «c TH AVE. _ > ` � < c W C > F- 1 I 2 23TH < c PROJECT LOCATION,, j INDUSTRIAL AREAi dc y 120� L?HOIHO w]Y H C \( Vl F w < < '> > w r N < ` y 1 a S. 234TH K NT c z w J m J p _ti T.i $T 7 2 A z < CLOUDY 3T 3 234TH 3 > w n a, ry F 4 j,,Mt_; ,T 14 13 z :3 SIN 23 24 y w • � .• \. -�.`' _ 'I SAY 6T < 1 < y L�A111131"1' �1 Z u OF KENT ('(TY T > o � \ Jv �j i 1I TRACT i f ` ''A'' l 6zl-th Ave. `). `I RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, regarding the vacation of a portion of South 231st Street (commonly referred to as Landing Way South) as petitioned for by Birtcher VDL Land Partnership, owner of property abutting said street sought to be vacated, and setting a public hearing on the proposed street vacation for January 4 , 1994 . WHEREAS, a proper petition has been filed by Birtcher VDL Land Partnership, owner of property abutting portions of South 231st Street (commonly referred to as Landing Way South) , to vacate a portion thereof to accommodate large distribution uses in the Van Doren ' s Landing Industrial Park; NOW, THEREFORE, THE CITY COUNCIL OF THE CIT`.i OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS : Section 1. A public hearing cn the street vacation petition (attached hereto with related documents as Exhibit A and incorporated herein by this reference) shall be held at a regular meeting of the Kent City Council at 7 o'clock p.m. , Tuesday, January 4 , 1994 , in the Council Chambers of City Hall located at 220 Fourth Avenue South, Kent, Washington 98032 . Section 2 . The City Clerk shall give proper notice of hearing and cause the notice to be posted as provided by law. Section 3 . The Planning Director shall obtain the necessary approval or rejection or other information from the Public Works Department and other appropriate departments, and shall transmit information to the Council so that the Council may consider the matter at its regularly scheduled meeting on January 4 , 1994 . Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1993 . Concurred in by the Mayor of the City of Kent, this day of 1993 . DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of 1993 . (SEAL) BRENDA JACOBER, CITY CLERK vacate.res 2 I 0, MCC,11OIi,in Name: Butcher VDL, Land Partnership eF KENT — - — - - .J So. Qth Ave. Address: 22613 68th Avenue South Kent, WA 90032 Kent, Washington 96032 Phone: (206)-39534OC STRM_T ANO/DR AIAA'Y VACA11011 APPLICAFILMH Ahli Pi I I NOV 1 1993 -91TY I?E. E N, Dear I-layor and Kent City C.wmc{I '. �� South 231st. Stl ,ct (c fi t', rofeer -------------- W e J 9 Wily O� y SIth) CITY CLERK Ile, the unders l gned 'ahut L l ng ni o�,�crLy oww:rs h2iol,y , f req',Icst Lli,-L ccrtalit hciCly he vacal_od. (L no; Park �} .Iy{�I ry�� y, Derr"O�of l D r ss car,i p tt I e tn� �1 yg f� cY�ti i,g la4t1jol -[',L)�iu, col? �cV1 t'l,G-2Path "L 13Is' rh � n lI f ll'rG,,i`i t�'A .14 ��'�1. ze BRIEF STATFIID)I WHY VACA1Ion 1S helllc SC'urMF Birtcher VDL Land Partnership is seeking to vacate -'*— 1=-Set [ran 64th Avenue South to South 228th Street toa^_ccmnoi large d3stribi tiot is=s as shown in Exhibit -B attached. Vacation of tgt, '5)' � Street will. Provide Val ctrcn's Landing with the opportunity to compete for large distribution uses whi(,;) car-I) rx9atcd on arty other area of the industrial park. SufficienL proof, copy of deed contract eLc suppoi-Led I,y tang County Tax Rolls shall be submitted for verificotion of signot-jres . lh Lhout these a "CURIMIT" Litln report shall be required. IILen Corporations , Partnerships etc. are heing signed for, Llten p1-07L of vidual ' s authority to sign for sank shall also he Suh,uitt^tl. Attach a color coded map of a scale of noL less thac 1 " �f the are; sought for vacation. (NOTLj Ilap must correSl;nul vll '-'., leLr dcc,:rfpLiun, AOUITIIIG PR0N:R1Y DMIDS � �I SIGIIATURSS AUD AD;), lU SSl C. r,II;. Pi; Lair tcher VDL L.a nrl Part nc rshi p, Kent, Washington 91032___-- 2211i 68th..-,._:_,ue-South —_--.-- A portion of the N.E. 1./4 and the S.E. 1/4 of Section 14, [,,;P. 22 N. , R. 4 E. ,W.t4. Block 'I1lree Lot One, 'laz No. 887980-0200 Lot Two, lax tic. 887980-0210 Lot Three,. Tax Nc. 887980-0220 -- ---- LoL four, :as :ic. 8 8 7 9 8 0-0 2 3 0 — Tracc A, -'ax Yto. 887980-0290 Lot one, I tic. 887980-02,10 -- Lot T>,o, I tic. 887980-0250 Lot Three, Tax Pic. 8879 90-02 6 3 __- 87980-01: � Lot I ��:a, lio. 8 87580-0 2 3 0 �Gli���< pt/✓J� -Gw.�� T„ a. � aa'158o-o3or, __ 5,150. 00FeePoiai I I-I'hral;at ica P„ ,d � Land Value I'a1d Irer.,u� _ ----------- Deed l.cceptcd DaCc T,'adc ,�cccptr.d ri'l -------- I.% EXHIBIT ,Y �11J" Kent City Council Meeting Date December 7 , 1993 Category Consent Calendar 1. SUBJECT: EVERSON ANNEXATION 2 . SUMMARY STATEMENT: Adoption of Resolution No. 4�76�' setting January 4th as the public hearing date on the Everson Annexation. The City has received Boundary Review Board approval to proceed with this annexation in the vicinity of S. 218th Street and 93rd Avenue South. The Public Works Committee has concurred. 3 . EXHIBITS: Public Works Committee Minutes, Boundary Review Board Approval Letter, Financial Impact Analysis, vicinity map and resolution 4 . RECOMMENDED BY: Public Works Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3E Committee unanimously recommended setting a hearing date for the street vacation of Landing Way from 64th Avenue S . to S. 228th Street. Everson Annexation Wickstrom said we have received Boundary Review Board approval for a small annexation on 218th Street on the East Hill south of Garrison Creek Park. He said the next step therefore, would be to set a date for a public hearing and then decide whether or not to annex. Committee unanimously recommended Council set a hearing date for the Everson Annexation at the December 7th Council meeting. Bridge Repainting Wickstrom stated that approximately 3 months ago we received notice that federal funds were available for bridge painting projects. He said that the Meeker Street bridge over the Green River is the City' s and was last painted in 1974 and needs to be repainted within the next 1-2 years . Wickstrom said that the bridge fell within the federal qualifications for repainting. He said the City looked at it in terms of replacement but it would not qualify for any replacement funds . He said the bridge was found to be structurally sound but functionally deficient, which means that instead of replacing it, they would allow us to build a parallel two lane bridge, thus having four lanes with two bridges. Wickstrom said we applied for a grant; the total bridge painting project is $260 , 000 and we received an 80% grant. He said our share is $52 , 000. He said there is money left over in the unencumbered funds of the Street Capital Improvement funds to pay for our share. Wickstrom requested the Committee ' s approval for authorization to accept the grant, establish the budget and fund the local match. In response to White, Wickstrom said we have never painted the bridge because it was previously a State project, however after building the 516 by-pass, the State turned it over to us. Committee unanimously recommended authorization to accept the grant, establish the budget and fund the local match. Basketball Hoops Wickstrom said that this issue has already been discussed with Bennett and Mann. He said that residents have notified the City that there are basketball hoops placed adjacent to a City right of way or road. Wickstrom said the road is being used as a play area for shooting basketballs and there is a liability to that. He said we have had to respond recently because of complaints, and had to address one in particular. In so doing, we saw six others on the 2 S Washington State Bou For King Comity Ccrhzll 6uildin�. Smtc oo8, 810 -,r,l .a::r;nc, Sc��ttic, [1;� ��tilCt lc�: ('Oo) November 15, 1993 TO: THE HONORABLE CITY COUNCIL CITY OF KENT FROM: ALDA H. WILKINSON, Executive Secretary IN RE: CLOSING LETTER FILE NO. 1832 - CITY OF KENT - EVERSON ANNEXATION You have been advised that the above file was filed effective September 28, 1993. The Board has received no request for review as specified in RCW 36.93. Therefore, the 45-day filing period having elapsed, this notice is hereb deemed approved as of November 12 1993. Sewer and water district proposals and some other actions are also subject to approval by the County Council. If there are changes by the Council, the Board may be required to hold a public hearing at that time. In order for the proposed action to be finalized, it is necessary that you complete the other statutory requirements or procedures specified in your Notice of Intention. Where required, please file one certified copy of your final resolution or ordinance accomplishing this action with the Office of the Clerk of the Council, Room 402 King County Courthouse, Seattle, Washington 98104, ATTN: Ms. Helene Mociulski, toPether with a copv of this letter. AHWfic CC: Office of the Clerk of the Council, ATTN: Helene Mociulski Lois Schwennesen, Director, Parks, Planning & Resources Department, ATTN: Jim Reid, Manager, Planning Division K.C. Department of Public Works, ATTN: William Vlcek K.C. Department of Assessments, ATTN: Diane Murdock Manager, Division of Records and Elections, ATTN: Bob Bruce, Elections Superintendent King County "911" Program C.\&o Uofm\13 OF KENT P,JCAL IMPACT ANALYSIS-EVERSON FOR THE YEAR 1992 Total acres 11,881 60 Total number of parcels 8,400 29 Total number of res. units 6,066 U 24 Total estimated population 39,650 P 57 Total assessed valuation 3,508,127,478 A 2,590,846 Criminat CITYWIDE General CIP Street Justice Storm Dr. other Revenue: BUDGET Fund Fund Fund Fund Fund Fund Total -" ------- -------------- Prop. Tax a 3.18622(1) 10,947,540 A 6,938 6,938 Sales Tax 11,194,747 Utility Tax(2) 3,988,065 0 1,481 1,481 Special Assessments 2,234,133 Real Estate Excise 6C0,000 A 443 443 Gambling Taxes 514,000 Business Licenses and Permits(3) 230,746 0 97 97 Grants 278,025 P 400 400 State Shared Revenue 2,557,795 P 2,060 4C3 214 3,677 Local Sates Tax Criminal Justice 509,589 P T 3 733 Fire Insurance Premium Tax 83,700 P 120 120 Drug Task Force Revenue 44,594 P 64 64 Protection District » 37(4) 2,302,924 0 (2,996) (2,996) ,_,L Intergovernmental Revenue 825,435 King County Medical Service Levy 521,540 A 390 390 Fines and Forfeitures 566,759 A 419 419 Parks 1,563,916 P Miscellaneous Fees(5) 892,453 C 735 T35 Interest Income 4,314,301 Water utility 7,6G5,768 Sewer Utility 7,215,986 Drainage Utility(6) 3,242,563 U 813 818 Street utility a1.90/M U 547 547 Golf 2,741,874 Estimated Total Revenue 64,982,503 9,524 443 1,950 1,011 818 120 13,866 Expenditures: General Government(7) 5,543,538 0 2,444 2,444 Police(8) 8,558,635 0 2,659 1,011 3,670 Fire 10,157,327 Public Works-Street(9) 4,114,207 A 4,380 4,380 Leisure Services 7,166,342 Health and Human Services 1,918,909 P 2,759 2,759 Debt Service 10,862,956 Water Utility 5,605,302 Sewer Utility 6,242,453 Drainage Utility(6) 5,616,356 0 327 818 1,145 Estimated Total Expenditures 65,787,025 7,362 4,380 327 1,011 818 0 14,398 Net Impact Income (Loss) 1,663 (3,937) 1,623 (0) 0 120 (531) CITY OF KENT '.S TO EVERSON ANNEXATION THE YEAR 1992 (1) PROPERTY TAXES: City Regular Levy 2.67776 X 2,590,846 Assessed Valuation 0.50846 --- = 6,938 General Fund revenue Excess Levy - 1000 3.18622 (2) UTILITY TAXES: Estimated Average Yearly Residential utility Bill; Electrical/Natural Gas 924 Telephone 186 Water 189 Sewer 230 Drainage-Basin I 34 -------------- Rate Subtotal 1,563 X 3.500 = 54.70 Garbage 108 X 6.50% = 7.02 —---------- ----'----- - Total For Year 1,671 61.72 X 24 Res. Units= 1,481 (3) BUSINESS LICENSE: Estimated Population 57 ------------ -X 2692 Total Licenses = 3.86 Additional Licenses / X 25.00 Business in Home License i Total Population 39,650 96.50 (4) FIRE PROTECTION DISTRICT '137: Assessed Valuation 2,590,846 -------------- = 2,591 X 1.28471 County Rate = 3,328 1000 X .90 City Portion 2,996 Loss to City (5) MISCELLANEOUS FEES: Planning, Engineering miscellaneous fees 783,154 General Government miscellaneous fees 109,299 ------------ 892,453 Assessed Valuation 2,590,846 --------------X 783,154 = 578 Planning, Engineering miscellaneous fees . City Assessed Valuation 3,508,127,478 Estimated Population 57 General Government -------------X 109,299 = 157 General Government miscelleous fees Total Population 39,650 ------ 735 Total miscelleous fees 11-10 5T � s .s, s r _ i i a zo n_r � T GSE _NEXIj T- ON_I il�1 �I Elmli ill a I, IT _� - ✓ — � i 11 ice_ -tp F � It p j I � i PROPOSED EVERSON ANNEXATION- VICINITY MAP A M N ------------- PROPERTY LINES SHOWN ARE APPROXIMATE EXISTING CITY LIMIT: P4 _ VA { 1r 97 ND T �.� 22 �\kL i CONTOUR INTERVAL= b FT. PROPOSED EVERSON ANNEXATION RESOLUTION NO. A RESOLUTION of the City Council of the city of Kent, Washington, setting a hearing date for a proposed annexation commonly known as the "Everson Annexation, " to the City of Kent. WHEREAS , on or about November 16, 1992 , the owners of not less than ten percent in value, according to the assessed valuation for general taxation of a certain area of property for which annexation was sought, more commonly known as the "Everson Annexation" area, which is legally described on Exhibit A attached hereto and incorporated herein by this reference, notified the Kent City Council in writing of their intent to commence annexation proceedings; and WHEREAS , on or about January 5 , 1993 , the Kent City Council accepted the initiating parties notice of intent to annex the "Everson Annexation" area; and WHEREAS , on or about May 7 , 1993 , the owners of not less than sixty percent in value, according to the assessed valuation for general taxation of the Everson Annexation area, filed a petition for annexation of the Everson Annexation area to the City of Kent; and WHEREAS, the aforementioned sixty percent petition was found to be proper and legally sufficient in all respects; and WHEREAS , on or about August 20 , 1993 , the City of Kent finalized its State Environmental Policy Act ("SEPA") process and issued a Determination of Non-Significance ("DNS") regarding the proposed Everson Annexation; and 1 . WHEREAS, on or about November 12 , 1993 , the Washington State Boundary Review Board for King County approved the proposed Everson Annexation; and WHEREAS, having conducted the appropriate review and obtained the necessary approvals, it is appropriate for the Kent City Council to fix a date for a public hearing on the proposed Everson Annexation to the City of Kent; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS : Section 1. A public hearing on the proposed Everson Annexation to the City of Kent, Washington, which annexation area is legally described in Exhibit A attached hereto and incorporated herein by this reference, shall be held at a regular meeting of the Kent City Council at seven o'clock p.m. , Tuesday, January, 4 , 1994 , in the council chambers of City Hall located at 220 4th Avenue South, Kent, Washington 98032 . Section 2 . The City Clerk shall cause notice of the hearing to be published in one or more issues of a newspaper of general circulation in the City, which notice shall specify the time and place of hearing and invite interested persons to appear and voice approval or disapproval of the proposed annexation. Section 3 . The Public Works Department shall post notice of the hearing in three public places within the Everson Annexation area and shall specify on such posted notice the time and place of the hearing and invite interested persons to appear and voice approval or disapproval of the annexation. Section 4 . Following the hearing, if the City Council determines to effect the Everson Annexation, the Council shall do 'so by ordinance. 2 Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 1994 . ' Concurred in by the Mayor of the City of Kent, this day of 1994 . ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. , passed by the City Council of the City of Kent, Washington, the day of 1994 . ' BRENDA JACOBER, CITY CLERK (SEAL) EVERSON.RES 120293.KRB 3 The territory proposed to be annexed is within King County, Washington, and is described as follows : / 3( 11 37 ��c elf f/Te /aD,r/�e�4'� �cTiai�6` JDi� GZA/1 Dhfe E IJ GYI Dh - C�llC// 4/� f uDic �oA�s DeYeii� .�n�/l�� ��if�c PhT EXHIBIT /"S \ 1 Kent City Council Meeting �I Date December 7 , 1993 Category Consent Calendar 1. SUBJECT: BRIDGE REPAINTING (MEEKER STREET) 2 . SUMMARY STATEMENT: As recommended by the Public Works Committee, uthorization to accept a Federal grant and estab- lish a project budget for the bridge Repainting project on Meeker Street. 3 . EXHIBITS: Public Works Committee Minutes and WSDOT Letter 4 . RECOMMENDED BY: Public Works Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: O YES _ FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3F Committee unanimously recommended setting a hearing date for the street vacation of Landing Way from 64th Avenue S. to S. 228th Street. Everson Annexation Wickstrom said we have received Boundary Review Board approval for a small annexation on 218th Street on the East Hill south of Garrison Creek Park. He said the next step therefore, would be to set a date for a public hearing and then decide whether or not to annex. Committee unanimously recommended Council set a hearing date for the Everson Annexation at the December 7th Council meeting. Bridge Repainting Wickstrom stated that approximately 3 months ago we received notice that federal funds were available for bridge painting projects. He said that the Meeker Street bridge over the Green River is the City' s and was last painted in 1974 and needs to be repainted within the next 1-2 years. Wickstrom said that the bridge fell within the federal qualifications for repainting. He said the City looked at it in terms of replacement but it would not qualify for any replacement funds. He said the bridge was found to be structurally sound but functionally deficient, which means that instead of replacing it, they would allow us to build a parallel two lane bridge, thus having four lanes with two bridges. Wickstrom said we applied for a grant; the total bridge painting project is $260, 000 and we received an 80% grant. He said our share is $52 , 000. He said there is money left over in the unencumbered funds of the Street Capital Improvement funds to pay for our share. Wickstrom requested the Committee ' s approval for authorization to accept the grant, establish the budget and fund the local match. In response to White, Wickstrom said we have never painted the bridge because it was previously a State project, however after building the 516 by-pass, the State turned it over to us. Committee unanimously recommended authorization to accept the grant, establish the budget and fund the local match. Basketball Hoops Wickstrom said that this issue has already been discussed with Bennett and Mann. He said that residents have notified the City that there are basketball hoops placed adjacent to a City right of way or road. Wickstrom said the road is being used as a play area for shooting basketballs and there is a liability to that. He said we have had to respond recently because of complaints, and had to address one in particular. In so doing, we saw six others on the 2 '0JV 1 5 ID93 AMbk Washington State Department of Transportation Sid Morrison November 10, 1993 Mr. Don Wickstrom Public Works Director 220 Fourth Avenue South Kent, WA 98032 City of Kent Highway Bridge Replacement Advisory Committee (BRAC) 1993 Bridge Painting Selections Dear Mr. Wickstrom: At its October 28-29, 1993 meeting, the Bridge Replacement Advisory Committee (BRAC) recommended funding consideration for the following bridge painting project. i have reviewed the BRAC committees recommendations and am approving the funding of the following project for your agency. Bridge SWIBS NUMBER Funding Estimate Meeker St. Bridge 08589300 S260,000 Preliminary and Construction Engineering can be approved simultaneously for this type of work. To proceed with the combination Preliminary and Construction Engineering funding request, please submit the following documentation: A. Project prospectus, covering the entire project (reflecting latest cost estimate) and completed in accordance with Local Agency Guidelines. B. Municipal Agreement showing PE and Construction amounts. C. R/W Certification. D. Environmental documentation. The funding for these projects will be 80% federal and 20% local funds. Mr. Don Wickstrom November 10, 1993 Page 2 If you are interested in funding this project, please submit the items listed above to your District Local Programs Engineer by January 31, 1994. Should you have any questions on how to pursue this project, please contact your District Local Programs Engineer. Sincerely, / DENNIS B. INGHAM Assistant Secretary Lccal Programs DBI:ch DLM cc: Terry Paananen, Dist. 1, NB82/121 V�N � Kent CityCouncil Meeting g wO Date December 7 , 1993 Category Consent Calendar 1. SUBJECT: 94TH AVENUE STORM IMPROVEMENTS --ACC=-AS_C`OMPETE 2 . SUMMARY STATEMENT: As recommended by the Public Works ommittee, uthorization to accept as complete the contract with Moss Construction for the 94th Avenue Storm Improvements project and release of retainage after receipt of State releases. 3 . EXHIBITS: Public Works Committee 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 YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3G DEPARTMENT OF PUBLIC WORKS NOVEMBER 17, 1993 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM RE: 94TH AVENUE STORM IMPROVEMENTS This project consisted of approximately 1100 feet of enclosed storm drainage system including catch basins, minor water service work, asphalt overlay and miscellaneous restoration work. The project location is 94th Ave South from James St to 150 ' north of South 237th Pl. The project was awarded to Moss Construction for the bid amount of $81, 061 . 28 . The final construction cost is $83 , 798 . 44 . ACTION: Recommend project be accepted as complete. g z,O,- PL rxi 111 - . SE 21 1TH f i 212TH ST 5E`" 212TH ST S a 212TH 93 PL '� S ?�Tii• S �Q~y4. SE 213 ST 3TH ry w ST ro - 213TH Z SE :?13TH PL ^ G - � S 21 L 214, Pl a P Sl y g O uw W t N N R J N S 216TH o < -- > SE ST 216TH N N \ _ O• ��� < Z N J ,As TH ST. � � '\ � .� � � 1 T a ST = s 1 ~ ~ S 218TH / S !2 0 5T i I SE 219TH ST ST SE 220TH 5T cr - `Y array N O W J o SE 222ND \ A — •�� 222ND ST C ST ST S 222MUv \\ < ~ o W > \ 7 a SE 224TH ST .. < P� 12 ^ 7 / — -- - --- - - 18 17 �`� SE > 13 18 W _ ° Sf 17 go SE NORT w> = Ll E z't6TH KEN >n r INTC G Z (" / < SE = a w...... _-3 22STH .. 22TTH ST H t SE Z28T l PL ' e 228 3T L-I•• ST ( 228TH ST s T m rn _ �E 229N a IwoW e < I > (Pvt) ( ) m i r ST F 1 S 2315T SE 2 1 7 `� W 230TH 7a a ST �) < PL. . S 232ND I 3 232ND -SE 232M0 ST __1 . SE 232`- NOVAK L I ST 4�,; ST . . Z w S 94TH Q S P -� < R \ �• r ti 1 PROJECT LOCATION fS 236TH ♦. JT�y',,p� 1 a (Pvc) ST v Z SE 23 SE 23 L)RON WAY 4( > s.:77 hlN IyFHy <I (fY < N C (P+n) SE 23YTH Z C. > a f• .. ST W < a S 239 .rl';,"",- `, Q '.�.v < p O Y1 U E DE ROE O / O o / �� - Z O z ST < < < J a S.2 / 1 tJ 1 >> SE ►<• S _ 240 a < _ 3 w a 0"' ' = EAST HILL < Pt'd ELEMENTARY KENT w „ W O 3 241ST ST SCHOOL in.HI. 24 O < SCHOOL < E < O W ; ST > �Atnletic Fl.l CEO < < �" ^ �^ Y e S 24TN0 same street. Wickstrom said that this is in West Hill and we advised them that they have to remove the basketball hoop because of the liability. In response to White, Wickstrom said we do not have anything to replace the hoops . He said that the Police have advised us that there are 22 others within the entire City that they have received complaints about and now that we are aware of them, we have to address those as well . Wickstrom said that our approach is to notify the residents that they need to remove the hoops . White said that although he recognizes our liabilities, kids do use these and he feels that every time we do a park program hoops should be installed. Wickstrom said that our approach is not to go out and look for them but to respond upon receiving a complaint. Bennett said he will put this on the next Parks Committee agenda. 94th Avenue Storm Improvements Wickstrom said this was a contract with Moss Construction for the installation of a storm sewer system on 94th Avenue, north of James St. which was to address the downstream flooding problem. Committee unanimously recommended that the project be accepted as complete. Downtown Infrastructure Raul Ramos said that the City-wide sidewalk inventory is basically completed and now we need to get to the task of identifying the critical sidewalk deficiencies. He said that this can be done by identifying the schools and some other public facilities. Ramos referred to two CBD area sidewalk maps depicting areas where sidewalks had been replaced or ground down. In response to White ' s question on identifying the street tree problem, McCarthy said there is a workshop planned for December 7th. Ramos said that one of the tasks necessary is to update our street tree species list to allow for selection of different types of street trees. Cascade Commerce Park Bill of Sale Committee unanimously recommended acceptance of the Bill of Sale for Cascade Commerce Park and bonds released after the one year maintenance period. Soos Creek Sewer Potential Annexation Gary Gill explained that the Soos Creek Water & Sewer District is in the process of putting together an annexation in the area near the City ' s Kent Springs watershed, for purposes of providing sewer service to some properties which the Kent School District is purchasing for future school facilities, as well as some of the residences along the north end of Lake Sawyer. Gill said there are 3 Kent City Council Meeting Date December 7 , 1993 Category Consent Calendar 1. SUBJECT: CASCADE COMMERCE PARK �AhF- 2 . SUMMARY STATEMENT: As recommended by the Public Works " Committee, uthorization to accept the bill of sale and warranty agreement submitted by Spieker-Hosford-Romney #172 for continuous operation and maintenance of 33 feet of sanitary sewer improvements and release of bonds after expiration of the maintenance period. The project is located in the vicinity of 6307 South 216th Street.` 3 . EXHIBITS: Public Works Committee 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 YES FISCAL/PERSONNEL NOTE: Recommended ommended 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 NOVEMBER 17, 1993 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM DV) RE: CASCADE COMMERCE PARK - BILL OF SALE (AKA Kent Valley Business Center. ) Spieker-Hosford-Romney m172 , the developer of Cascade Commerce Park has completed the sanitary sewer improvements for this project. The Cascade Commerce Park project is in the vicinity of 6807 South 216th Street. ACTION: Recommend the Bill of Sale be accepted and bonds released after the one year maintenance period . � I V • \ 1 > W i W 1 S 20. a H ji _ a � c I G �" ' .m .7 Industrial Rom „ t 204 TH. ST. � • � z I, = o :J Z AERO SPACE s 206T SST _ INDUSTRY �I � t1208 Industrial Rwd12 OBRIEN ELEMENTA SCHOOL -S— 7t9TH ti l Fire Station fi ® N I t \�� &216 th. ST. r- Ifr Sr+.ewe a f111,11 u n Plar � I PROJECT LOCATION - q t � i 5- 220TH 5T 4F C i F W J ^ Q I ` J V � 0 11 12 ` S226 TH AVE. 14 13 ` � 1 W S227TH PL > a J w F o N v 2z°n+ ST w x s a ~ 2 a CD = N j H INDUSTRIAL AREA 2zet`� ,J LANDING WAY l T same street. Wickstrom said that this is in West Hill and we advised them that they have to remove the basketball hoop because of the liability. In response to White, Wickstrom said we do not have anything to replace the hoops . He said that the Police have advised us that there are 22 others within the entire City that they have received complaints about and now that we are aware of them, we have to address those as well . Wickstrom said that our approach is to notify the residents that they need to remove the hoops. White said that although he recognizes our liabilities, kids do use these and he feels that every time we do a park program hoops should be installed. Wickstrom said that our approach is not to go out and look for them but to respond upon receiving a complaint. Bennett said he will put this on the next Parks Committee agenda. 94th Avenue Storm Improvements Wickstrom said this was a contract with Moss Construction for the installation of a storm sewer system on 94th Avenue, north of James St. which was to address the downstream flooding problem. Committee unanimously recommended that the project be accepted as complete. Downtown Infrastructure Raul Ramos said that the City-wide sidewalk inventory is basically completed and now we need to get to the task of identifying the critical sidewalk deficiencies. He said that this can be done by identifying the schools and some other public facilities. Ramos referred to two CBD area sidewalk maps depicting areas where sidewalks had been replaced or ground down. In response to White ' s question on identifying the street tree problem, McCarthy said there is a workshop planned for December 7th. Ramos said that one of the tasks necessary is to update our street tree species list to allow for selection of different types of street trees. Cascade Commerce Park Bill of Sale Committee unanimously recommended acceptance of the Bill of Sale for Cascade Commerce Park and bonds released after the one year maintenance period. Soos Creek Sewer Potential Annexation Gary Gill explained that the Soos Creek Water & Sewer District is in the process of putting together an annexation in the area near the City' s Kent Springs watershed, for purposes of providing sewer service to some properties which the Kent School District is purchasing for future school facilities, as well as some of the residences along the north end of Lake Sawyer. Gill said there are 3 1V Kent City Council Meeting Date December 7 , 1993 Category Consent Calendar 1. SUBJECT: UBIQUA PROPERTY ACQUISITION (277TH CORRIDOR) 2 . SUMMARY STA E NT: As recommended by the Public Works (fEommtt-fee, uthori ion to move forward with acquisition of the Ubiqua property u_ The City has made offers on two parcels of land in the vicinity of S . E. 274th St. and 116th Ave. S. E. One parcel is 10 acres with an appraised value of $460, 000 and one parcel is 3-1/2 acres with an appraised value of $156, 000 . The property owner has accepted the offer at the appraised values. 3 . EXHIBITS: Sale & Purchase Agreements, Public Works Committee Minutes 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. 3I MAIL TO: Gerald B. McCaughan Property Manager City of Kent 220 4th Avenue South Kent, WA 98032 PARCEL NO. 202183-37 REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION .Sn-lf.e ti. I" The undersigned pAw-eha-asr, Gerald A. Ubigau, agrees to Lim>&A �2 .. purchase and the undersigned -S4 �- r, City of Kent, a municipality, agrees to sell, on the following terms, certain real property, including all improvements, additions and betterments thereto, which is located in Kent, King County, Washington, land is legally described as follows : The northeast quarter of the northeast quarter of the northeast quarter in Section 32 , Township 22 North, Range 5 East, EXCEPT the west 20 . 00 feet for road right-of-way. 1 . Purchase Price. The total purchase price is $460 , 000 . 00 (Four Hundred Sixty Thousand Dollars) . 2 . Method of Payment. All cash at closing. 3 . Contingencies. This agreement is contingent upon acceptance of its terms by the Kent City Council . Purchaser shall pursue obtaining said acceptance thereof as soon as possible. 4 . Condition of Title. Unless otherwise specified in this Agreement, title to the property is to be free of all encumbrances or defects, except that rights reserved in federal patents or state deeds, building or use restrictions general to the area, other than covenants, conditions, restrictions, platting and subdivision requirements, and shall not be deemed encumbrances or defects. All other encumbrances shall be discharged by the Seller shall be paid by the Seller on or before closing. If title cannot be made so insurable prior to the closing date, the earnest money shall be returned in full to the Purchaser, any and all costs shall be paid by the Seller, and this Agreement shall thereupon be terminated. The Purchaser may elect to waive such defects or encumbrances. 5 . Closing of the Sale. This sale shall be closed within 90 days or sooner after approval by Kent City Council . Purchaser and Seller shall, immediately upon demand, deposit all instruments and monies required to complete the purchase in accordance with this Agreement. The date of closing shall also be the termination date of this Agreement unless otherwise agreed upon by both parties . Closing shall take place at Stewart Title Escrow, 1010 So . 336th St. , Suite 120 , Federal Way, WA 98063-4568 . 6 . Closing Costs and Proration. Seller and Purchaser shall each pay one-half, of the escrow fees . Seller shall pay, if any, real estate excise tax. All taxes and all rents, interest, utilities and other liens and charges shall be paid in full as of closing. 7 . Possession. Purchaser shall be entitled to possession on closing. "Closing" means the date upon which all documents are recorded and the sale proceeds are available to Seller. 8 . Seller ' s Representations . Sellers represent that they have complied with all matters arising out of all federal, state, foreign and local laws or administrative orders with respect to environmental conditions existing on the closing date including, without limitation, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Sheet 2 of 5 Act, the spill Compensation and Control Act, and the Environmental Cleanup Responsibility Act, with respect to the purchased property. Such representation, and any liability that Seller may have for any breach thereof, shall survive the closing. In the event Purchaser discovers or determines or is notified about existence of any environmental condition ( including, without limitation, a spill, discharge or contamination) that existed as of and/or prior to the closing date or any act or omission occurring prior to the closing date, the result of which may require remedial action pursuant to any law or may be the basis for the assertion of any third party claims , including claims of governmental entities , Purchaser shall promptly notify Seller thereof and Seller shall , at its sole cost and expense, proceed with due diligence and in good faith to take the appropriate action in response thereto. In the event that Seller fails to so proceed with due diligence and good faith, the Purchaser may, at its option, terminate this agreement without prior notice. 9 . Seller ' s Indemnities . Seller agrees to indemnify and hold harmless the Purchaser, against and in respect of, any and all damages, claims, losses, liabilities, judgements , demands, fees , obligations , assessments, and expenses and costs, including, without limitation, reasonable legal , accounting, consulting, engineering and other expenses which may be imposed upon or incurred by Purchaser, or asserted against Purchaser, by any other party or parties ( including, without limitation, a governmental entity) , arising out of or in connection with any environmental condition existing as of and/or prior to the closing date, including the exposure of any person to any such environmental condition, regardless of whether such environmental condition or exposure resulted from activities of Seller or Seller ' s predecessors on interest. This indemnity shall survive the closing and be in addition to Seller ' s obligation for breach of a representation or warranty as may be set forth herein. Sheet 3 of 5 10 . Default and Attorney ' s Fees. 'If either party defaults in his or her contractual performance herein, either party may seek specific performance pursuant to the terms of this Agreement, damages, or recision. If the Purchaser defaults in its contractual performance herein, the earnest money, upon demand, shall be forfeited to the Seller and shall be the sole and exclusive remedy for default available to the Seller. In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney' s fees . 11. Title Insurance. Purchaser has obtained a preliminary commitment for title insurance from Stewart Title Insurance Co. , in Seattle, WA under Title Report No. 202183 �-" the cost of which shall be paid for at closing by the Seller (s) . 12 . Conveyance Warranty Deed. Title shall be conveyed by statutory warranty deed. 13 . Performance. Time is of the essence to this Agreement. 14 . Earnest Money. The undersigned acknowledges receipt from Purchaser of $1, 000 . 00 (one Thousand Dollars) in the form of purchase order as earnest money which shall be treated same as a promissory note. 15 . Notices. Unless otherwise specified, any notice required or permitted in or related to this Agreement, including any addenda thereto, must be in writing, signed by the Purchaser or Seller and received and approved by the Purchaser or Seller, as applicable. Sheet 4 of 5 16. Agreement to Purchase. Seller hereby acknowledges receipt of copy of this Agreement. Purchaser offers to purchase the above property on the above terms and conditions . Seller shall have until 4 : 00 p.m. , November 1 , 1993 , to accept this offer by delivering a signed copy thereof to Purchaser. Dated this 2 ' ' day of `�E't�i 19 . Purchaser' s Present Address : BY : DON WICKSTROM CITY OF KENT ITS : DIRECTOR OF PUBLIC WORKS 220 4TH AVENUE S . PHONE: (206) 859-3383 KENT, WASHINGTON 98032 17 . Seller ' s Acceptance . Seller, agrees to sell the property on the terms and conditions specified herein . Seller acknowledges receipt of a copy of this agreement, signed by both parties . SELLER BY: Gerald A. Ubiqau ITS: Owner PHONE: Residence: 481-9521 Work: 266-1444 ADDRESS: 3808 220th SE Bothell , WA 98021 18 . Purchaser ' s Receipt. A true copy of ,the foregoing, signed by Seller is hereby received on '2z PURCHASER C 17 BY: �` ITS: Ubigau Sheet 5 of 5 O c 1 J - 5 _ M aY 7 < 1 O �. D'a T.N n u'1 m (D C)77 z O _ o " co 0or' C n �mD< T =Z �8 a D^' -mZ ov pD0w m ZO mL �c < rn w r o p a J m e o D G A LO Ul ^� p o Q � H nT O G] < (p m O g :3 rn p a [ m v o°0x �z 2 mo ov A I 3 c m � n0 z - x m� m a0 M m 77 ° r _ co b w a (D O fi I n ^i m m �Dn Cl n \ TLU I r.. - CD O:• CD O < CD 3 � CL c � D vi M d � 3 O C 0 I I I T tt ' O P m^ M m. m DC »Ammv' ry m� mmcmxo0o _ z zo r�r c)N c A 9 3 .+V r�n O pzcNOmm -0 Q �.0 T� Z Nxm�,m.� O o � m ,O � �Oo8�x � 6 C) z r m mo Om D o r- wco o Iz, Z < m cn �`m1 —� Prn >mcn>m C OK ; _ < �mmmo r D Z ,. o{c��> m � o n NOvmZ> N 'G N m n o>ma-O, m m . a d mC: Ile DZcxc� m m v = �, bmrxmcn c CD [_ zOzmNO o < a O m=0tziop D m O�my no N .{ n m m -umZm� T I > 0 0 to r 3 n m O�]�ODDS r N F b Om� `-S r _ CD I ^ A- p A_ o b 3 m- rC: O O MAIL TO: Gerald B. McCaughan Property Manager City of Kent 220 4th Avenue South Kent, WA 98032 PARCEL NO. 202182-11 REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION The undersigned Purc uZrr Alfred R. Ubigau as Personal Representative of the Estate of Farlyn E. Ubigau deed AND Alfred R. Ubigau, as Trustee of the Alfred � R. Ubigau Family Trust, agrees to purchase and the undersigned Seller-, City of Kent, a municipality, agrees to sell, on the following terms, certain real property, including all improvements , additions and betterments thereto, which is located in Kent, King County, Washington, land is legally described as follows : The west 441 . 00 feet of the south half of the northwest quarter of the northeast quarter of the northeast quarter in Section 32 , Township 22 North, Range 5 East, EXCEPT the south 20 . 00 feet thereof for public right-of-way. 1 . Purchase Price. The total purchase price is $156, 000 . 00 (One Hundred Fifty Six Thousand Dollars) . 2 . Method of Payment. All cash at closing. 3 . Contingencies . This agreement is contingent upon acceptance of its terms by the Kent City Council . Purchaser shall pursue obtaining said acceptance thereof as soon as possible. 4 . Condition of Title. Unless otherwise specified in this Agreement, title to the property is to be free of all encumbrances or defects, except that rights reserved in federal patents or state deeds, building or use restrictions general to the area, other than covenants, conditions, restrictions, platting and subdivision requirements, and shall not be deemed encumbrances or defects. All other encumbrances shall be discharged by the Seller shall be paid by the Seller on or before closing . If title cannot be made so insurable prior to the closing date, the earnest money shall be returned in full to the Purchaser, any and all costs shall be paid by the Seller, and this Agreement shall thereupon be terminated. The Purchaser may elect to waive such defects or encumbrances . 5 . Closing of the Sale . This sale shall be closed within 90 days or sooner after approval by Kent City Council . Purchaser and Seller shall, immediately upon demand, deposit all instruments and monies required to complete the purchase in accordance with this Agreement. The date of closing shall also be the termination date of this Agreement unless otherwise agreed upon by both parties . Closing shall take place at Stewart Title Escrow, 1010 So . 336th St. , Suite 120 , Federal Way, WA 98063-4568 . 6 . Closing costs and Proration. Seller and Purchaser shall each pay one-half , of the escrow fees . Seller shall pay, if any, real estate excise tax. All taxes and all rents , interest, utilities and other liens and charges shall be paid in full as of closing. 7 . Possession. Purchaser shall be entitled to possession on closing. "Closing means the date upon which all documents are recorded and the sale proceeds are available to Seller. 8 . Seller ' s Representations . Sellers represent that they have complied with all matters arising out of all federal, state, foreign and local laws or administrative orders with respect to Sheet 2 of 5 environmental conditions existing on the closing date including, without limitation, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Spill Compensation and Control Act , and the Environmental Cleanup Responsibility Act, with respect to the purchased property. Such representation, and any liability that Seller may have for any breach thereof, shall survive the closing. In the event Purchaser discovers or determines or is notified about existence of any environmental condition ( including , without limitation, a spill , discharge or contamination) that existed as of and/or prior to the closing date or any act or omission occurring prior to the closing date, the result of which may require remedial action pursuant to any law or may be the basis for the assertion of any third party claims, including claims of governmental entities , Purchaser shall promptly notify Seller thereof and Seller shall, at its sole cost and expense, proceed with due diligence and in good faith to take the appropriate action in response thereto. In the event that Seller fails to so proceed with due diligence and good faith, the Purchaser may, at its option , terminate this agreement without prior notice. 9 . Seller ' s Indemnities. Seller agrees to indemnify and hold harmless the Purchaser, against and in respect of, any and all damages, claims , losses, liabilities, judgements, demands, fees, obligations, assessments , and expenses and costs , including, without limitation, reasonable legal , accounting, consulting, engineering and other expenses which may be imposed upon or incurred by Purchaser, or asserted against Purchaser, by any other party or parties (including, without limitation, a governmental entity) , arising out of or in connection with any environmental condition existing as of and/or prior to the closing date, including the exposure of any person to any such environmental condition, regardless of whether such environmental condition or exposure resulted from activities of Seller or Seller ' s Sheet 3 of 5 predecessors on interest. This indemnity shall survive the closing and be in addition to Seller ' s obligation for breach of a representation or warranty as may be set forth herein. 10 . Default and Attorney ' s Fees . If either party defaults in his or her contractual performance herein, either party may seek specific performance pursuant to the terms of this Agreement, damages, or recision. If the Purchaser defaults in its contractual performance herein, the earnest money, upon demand, shall be forfeited to the Seller and shall be the sole and exclusive remedy for default available to the Seller. In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney ' s fees . 11. Title Insurance. Purchaser has obtained a preliminary commitment for title insurance from Stewart Title Insurance Co. , in Seattle, WA under- Title Report No. 202182 the cost of which shall be paid for at closing by the Seller (s) . 12 . Conveyance Warranty Deed. Title shall be conveyed by statutory warranty deed. 13 . Performance. Time is of the essence to this Agreement. 14 . Earnest Money. The undersigned acknowledges receipt from Purchaser of $1, 000 . 00 (One Thousand Dollars) in the form of purchase order as earnest money which shall be treated same as a promisory note. 15 . Notices. Unless otherwise specified, any notice required or permitted in or related to this Agreement, including any addenda thereto, must be in writing, signed by the Purchaser or Seller and received and approved by the Purchaser or Seller, as applicable. 16 . Agreement to Purchase. Seller hereby acknowledges Sheet 4 of 5 receipt of Copy of this Agreement. Purchaser offers to purchase the above property on the above terms and conditions. Seller shall have until 4 : 00 p.m. , November 1 , 1993 , to accept this offer by delivering a signed copy thereof to Purchaser. Dated this G � ' day of cam =-- 19 , 3 Purchaser ' s Present Address : BY : DON WICKSTROM CITY OF KENT ITS : DIRECTOR OF PUBLIC WORKS 220 4TH AVENUE S. PHONE : (206) 859-3383 KENT, WASHINGTON 98032 17 . Seller ' s Acceptance. Seller, agrees to sell the property on the terms and conditions specified herein. Seller acknowledges receipt of a copy of this agreement, signed by both parties. SELLER 1. 1. SELLER /7;�` BY: Alfr R. Ubigau as �� r �G BY : SELLER, Id R. Ubigau Pers�Ll Represen_tati e o Trustee of , the Estate of, the Alfred R. Ubigau Z' Family Trust ! �L Farlyn/ E. Ubigaui� PHONE: "L ADDRESS : T 1 � (- IA � � G! � / � r " 18 . Purchaser ' s Receipt . A true copy of the foregoing, signed by Seller is hereby received on i�i! 7 %'��C, a 19 PURCHASER ITS: Ubigau-11 Sheet 5 of 5 o • a • ~ ' < N > J • m (D 0 C) -G rt p• F' ZD = O rrDD t7 ➢-ZZ R cm vm O w°' Ocn —i rt r& ZO c ET CO� ED o r <o_ � C �� W= O 5 I o n C7 LJ (n o ca)O y C H A z o i o Q A Ln o h CD CD J rn N ti O l< < a m M _vOS.,. x n J \ n ..« .» o 1V D W n m D CD a (D o �_ Q <p - o o F. : CD n m r _ CD Z CD 7 CD .� in o a r4 Ln < 0 Q �< ) CD Ca 3 Q 3 G LQ k �I # M CD 1 cn -o m o_ D �vcc:2 —i >C ���mmcn = r7 _D mM mmcnDQp _ Z � F--l m�nyCc r-I Oy ocyOmm CS O ruxm--m-Z, 0CD CD T n � r m�mgOmv. �� . L an O o t• 0rmzo z m m {n . 4t �I M m c - la px p m �m y -:(1f Z r m M. k inn o•� <.<�m22m r • o ^ ' om�y�D m v O; < � . .. nmODZD< D .N.�D'OOZO r- N m 0 7J Q OM>m Oo m '• Dm 7 3 m c O-0mp m D � bmrnmrDn o 7 \ 2 a Q m C O�<H20 0 C VI -� O—Z O T y c�o� C�c �D rn m ' m00 m 'lD A LODC0 T oD mCh's CDO Yt Om 0m F r C o o D n �Din v<oD < co (D 0 3 O m >�FI 0 0 �� omm several septic systems failing that are impacting the water quality of the lake. Gill said Soos Creek is requesting that the City support this annexation. In so doing, we would represent approximately 69 acres of a 450 acre annexation proposal. Gill said the area is currently zoned for urban development. Gill stated that at this point in time we are asking if the Council would support this annexation proposal . In response to White, Wickstrom said one downside to this would be that it would stimulate development, thereby creating a higher density than what is shown, which could affect our aquifer. Gill said that from an aquifer recharge standpoint, we would prefer that they have a lower density out there. Brubaker said he feels we cannot tie land use controls to our joining or not joining in on this annexation. Gill said that they originally had almost 60% support and there was a large land owner with 60 acres who was in support of the annexation originally. However, Bill Ruth has an option to purchase that land and believes he has tentative approval for preliminary residential plat on septic systems . Gill said Ruth didn 't want to be tied into having to go on to public sewers . So the 60 acres , pulled out which dropped the percentage down to about 44% without the City. They originally were going forward without US. He said we could be included in the area and they still had the 60% . Wickstrom said the school district is pursuing it because he feels that by County ordinance, they are required to be on sewers and the Kent School District is the initiator of this annexation. Wickstrom said that we are looking for a recommendation that the City ' s property be included and we would be signing on as a petitioner. Committee suggested that this item be brought back to Public Works Committee on December 1st for further discussion. In response to White ' s question regarding whether Growth Management ties development to the sewers or can they develop without sewers, Gill stated that it can be developed without sewers but this particular area, since it is immediately adjacent to the existing district boundaries, sewer is very close by so they looked at this as an extension of the urban classification or zoning, thereby having a potential for higher use. Ubiqua Acquisition (277th Corridor) Wickstrom stated that we have made offers on two parcels of property, one being 10 acres and one approximately 3-1/2 acres . The offers have been accepted and returned to us . Wickstrom stated the offers were at the appraised values of $460 , 00 and $156 , 000, respectively. v 4 w a KFyTk R,5�6 c -- `u -i PREFERRED ALTERNATIVE NG M I End Alignment �Fy Rp ��� ��STA. 149.58 —— n0 �ll m � +I a �,9 G cF F, -11-1` \—c:h Cut/Fill t� UBIGAU PARCELS c� _74th ST. = - . i - - CiliV C T _-- 22ncY27 f 1h Street ==- _-- - — North Corridor Study cgvjl cr"Mc-ntcl Impact �t tc[T E It 700 0 350 1.100 PACIFIC Kent City Council Meeting Date December 7 , 1993 Category Consent Calendar 1. SUBJECT: C144--G-F YANGZHOU, CHINA ,Z AGREEMENT 2 . SUMMARY STATEMENT: Approval of the reciprocal agreement between the City of Yangzhou, China, and the City of Kent, Washington, confirming the establishment of the Sister City relationship. The formal document was signed on September 30, 1993 . 3 . EXHIBITS: Agreement, Operations Committee minutes 4 . RECOMMENDED BY: Mayor Kelleher Operations Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3J G Pt �G`1�"� �PyQ AGE September 30 , 1993 OFF MEMORANDUM ON THE ESTABLISHMENT OF SISTER MUNICIPAL RELATIONSHIP BETWEEN THE YANGZHOU CITY , JIANGSU PROVINCE , PEOPLE ' S REPUBLIC OF CHINA AND THE KENT CITY , WASHINGTON STATE , UNITED STATES OF AMERICA Through friendly consultation the Yangzhou City , Jiangsu province , People ' s Republic of China , and the Kent City , Washington State . United States of America , have , in accordance with the principle laid down in the Communique on the Establishment: of Diplomatic Relations between the two countries and for the promotion of understanding and friendship between the people of the two countries so as to consolidate and develop the friendly cooperation between the two cities , agreed to set up fraternal relationship between the two cities ( Yangzhou City and Kent City ) . le of equality and mutual benefit 1 . Based on the princip the two parties will adopt various ways and means to have exchange and cooperation in all such fields as economy , trade , science and technology culture , education , physical culture , hygiene , personnel , etc . to promote common prosperity and development . 2 . The leaders and the departments concerned of both parties will [seep constant contact to condu- ct negotiations on the affairs of exchange and cooper- ation and matters of interest to both parties . 3 . This memorandum is signed on September 30th , 1993 at Yangzhou . 4 . This memorandum has been signed in two duplic- ate copies , each in both Chinese and English . The text in both languages are of equal validity . The Yangzhou City , The Kent City , Jiangsu province , Washington State , People ' s Rep The of China United States of America ( signature ) ( signature ) City of Yangzhou Mayor City of Kent Mayor Date Date 13 Date City of Kent Concil president Date fatJAI fvA1+ Trl f, � R 4/tF 7;)\\� 0 kArTt� A0 Ifi fTv (SV 4V i � J the effective date of implementation being November 1, 1993, if approved. Upon White's questinr Olson explained how reclasses are generated and handled. He explained for Orr what would ha, n if these recommended reclassifications were not approved. ORR MOVED to recommend that these changes be made. White seconded and the motion carried 3-0. YANGZHOU MEMORANDUM OF UNDERSTANDING Chief Administrative Officer McCarthy explained that last week representatives from the City of Yangzhou visited the City of Kent with the intent to establish a Sister City Relationship, and that a Memorandum of Understanding was signed. He noted that their main interest was in traffic, and that they were extremely amazed at the five-lane highways. WHITE MOVED approval of the Memorandum of Understanding with the City of Yangzhou, Jangsu, China. Orr seconded and the motion carried 3-0. CABLE TV UPDATE - VERBAL REPORT ONLY Tom Brubaker, Assistant City Attornev, gave a brief update for Live broadcasting ;rom City Fall on Cable TV. He noted that TCI is ready to wire City Hall and cre:ae a studio type facility in the Council Chambers with a remote that can be taken out into the field. He expia ned that some of the lighting improvements orl;ir.ally bargained for were bargalned away in order to get quality equip- ment and the flexibility needed, but that the existin'2 lighting would be adequate. He noted that the FCC has re-established a new basic rate or service ('basic tier rate) which is lower th n what was previously charged by the Cable companies, and even though the franchise ag-eement brought the Cltv's income up, the ne.v rate regulation %vill 'rave a downward Impact on the. rate. Bruba_'<er explained that everything is on track with a Live broadcast from City Hall planned for the Council meeting of the vear, but that a request for additional lighting, a cart to move the equipme:,t on, or very minimal things may be requested later. McCarthy noted that this will be a 2Y-hour station, and the proposal for next vear's budget is ro fund someone in the Graph;cs Department at 1/— time to help with al'. input, coordinating, arranging, keying in, and deve'.oping w',.at is to be put into the system and on this station. Alana %IcIalwain, Administration NIgr., expiained that Cable TV is a rapidly changing field just like computers and in order to do a good job, more time, money and staff may be requested at a later date. Brubaker added that some policies will be developed to help male decisions on what should and should not be allowed on this channel because it will be restricted to government programs only. He also noted that ADA requirements may involve some additional costs. He stated that it can be kept as a smiLill operation or a pretty spec::cular one like some of the larger cities, if desired. The meeting was adjourned at 5: 15 p.m. py / Kent City Council Meeting Date December 7 , 1993 Category Consent Calendar 1. SUBJECT: LID 344 - 240/108TH TRAFFIC SIGNAL 2 . SUMMARY STA EMENT: As recommended b the Public Works Linen , doption of Resolution No. � declaring the City' s create a Local Improvement District to partially fund llation of a traffic signal at the intersection of h St. & 108th Ave. S. E. , and setting January 4th as c hearing date on the LID formation. _ 3 . EXHIBITS: Public Works Committee Minutes, memorandum from Public Works Director, resolution and vicinity map 4 . RECOMMENDED BY: Public Works Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: N0 YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REOUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3K the longer range County ' s plan. Committee unanimously agreed to recommend the Mayor sign the Interlocal Agreement with King County as identified in the proposed King County Road Establishment Ordinance for the 277th Corridor project. Sidewalk Repair Work Wickstrom indicated on CBD sidewalk map locations where sidewalks had been replaced either through our City crews or thru our Public Works contracts. Wickstrom also explained that some of the sidewalks were paid for under the various road projects or utility projects. There was no further discussion on this. King County Comprehensive Solid Waste Plan Mark Buscher with King County Solid Waste Division presented an overview of the Final 1992 County comprehensive Solid Waste Management Plan which basically effects solid waste management in the unincorporated areas of King County and also suburban cities for the next several years . At this time, Buscher handed out a briefing paper which outlined the major recommendations contained in the 1992 Plan and explained the differences between it and the adopted 1989 Plan. Buscher explained that the cities and counties have 120 days from the time the document is issued to adopt the plan. Buscher said that this plan was endorsed as a final plan by resolution by the Suburban Cities Association in June . committee unanimously agreed to reccmmend adoption of the King ' \ County Comprehensive Solid Waste Plan. 240th/ 108th Traffic Signal "`VVV Wickstrom said that Committee had previously authorized the transfer of funds from a signal now being built by Target at 260th and 104th and we had indicated that we would form an LID with the balance. Wickstrom explained that we had the public meeting and the neighbors know what their assessments are and we have a concurrence for at least 40% which would be the minimum necessary to legally form an LID. In response to White, Wickstrom said that we are in design stage now for the signal and it should be installed in 1994 . committee unanimously agreed to recommend proceeding with the formation of the LID. Miscellaneous Watermain Rebuilds Wickstrom stated that this was a project awarded to Briggs Construction for the reconstruction of watermains and is completed. 3 DEPARTMENT OF PUBLIC WORKS October 29, 1993 TO: Public Works Co ittee FROM: Don Wickstrom RE: 240th/108th Traffic Signal Last June, staff recommended that a signal be installed at 240th and 108th. This was the result of numerous accidents at the intersection during the past few years. Committee agreed to the signal installation. Committee also agreed to funding the project by establishing a budget including transferring the remaining funds from the 104th/260th signal project with the balance to be funded through the formation of an LID. Since that Committee meeting, cost estimates and preliminary LID assessments have been calculated and a property owner meeting was held. Property owners were asked to complete a questionnaire stating their preference regarding the LID. PROPOSED IMPROVEMENTS The project consists of the installation of a fully actuated 8-phase traffic signal with pedestrian detection and crossing indications at the intersection of SE 240th St. and 103th Ave SE. PROJECT COST The total estimated cost for the construction of the proposed project including engineering, survey, and construction inspection is $140, 000 . LID bonding and associated costs add an additional $10, 709 . 20 bringing the grand total to $150,709 . 20. The City is. proposing to fund $79 , 006 . 45 of the project total. The balance of $71, 702 .75 shall be funded by the LID. QUESTIONNAIRE RESULTS Questionnaire results are as follows: Proceed with the LID 6. 58% (#4 , 5) Do Not Proceed With the LID 3 . 09% (#61 91 11, 12 , 13) Support the majority of others 1. 12% (#8) Did Not Return Questionnaire 89 . 21% (11, 2 , 31 7, 10, 14 , 15) To approve an LID, property owners with combined LID assessments representing 40 percent of the total assessment must support the LID. The City has determined that owners with a combined 34 . 81 percent of the total LID assessment are at this time obligated to participate in this street improvement LID via executed no-protest covenants. In addition, two other properties (6. 58%) expressed interest via the questionnaires giving a total support percentage of 41. 39%. Therefore, Council could proceed with the LID formation based on the No Protest Covenants and other interest. PROPERTY OWNER COMMENTS #13 William Brush states that his 4-plex has been there since 1967 and that only the new owners should be assessed since they caused the traffic problem and other problems such as crime, vandalism and decline in property values. #14 Lobruch Inc. agrees the signal is needed but feels only those currently using the intersection should be assessed. This parcel is vacant. #15 Holley Property Holding, Inc. had concerns and was going to submit a letter but hasn't done so. SUMMARY The Public Works Department recommends proceeding with the project and LID formation as currently proposed. The next formal action of the full Council would be to pass a resolution which calls for the creation of the LID and sets a public hearing date on the LID formation ordinance. ACTION: Concur with proceeding with the formation of the LID. PROPOSED LID 240TH ST/108TH AVE TRAFFIC SIGNAL PRELIMINARY ASSESSMENTS OCTOBER 21, 1993 ASSESSMENT NAME PRELIMINARY NUMBER (From King County Tax Rolls) ASSESSMENT 1 TEN WEST KINGS L P $11, 660. 04 2 TEN WEST KINGS L P 17 , 213 . 41 *3 CHJ ASSOCIATES 2 , 053 . 99 4 GUNTER BEHRENDSEN 2124 . 83 5 ROBERT D & VICKI L CAMPBELL 2 : 593 . 52 6 RIVERIA SOUTHEAST 1, 062 . 81 7 JOHN J WALSH 1, 245 . 85 *8 MICHAEL J FISCH 803 . 75 9 SAM, RAYE, ISSAC & ELENOR BEHAR 431. 20 10 RANDY & LINDA HAWLEY 233 . 94 11 RIVERIA SOUTH 230 . 98 12 RIVERIA SOUTH 252 . 40 13 WILLIAM C BRUSH 241. 17 14 LOBRUCH INC 9 , 454 . 06 *15 HOLLEY PROPERTY HOLDING, INC. 22 , 100 . 80 LID ASSESSMENT TOTAL $71, 702 . 75 *Indicates signal LID covenant signed by property owner. COVENANT TOTAL $24 , 958 . 54 34 . 81% T1880 NORTH , r r — I , �gltuaallaIlaauataalaaud�usssili - Ir l7 Ct TY LJHI TS I I SE 228TH ST i , r i r I r r r I r I I i sz 2srrH Sr i F — I r r r I r r w f ..!_.1. 111�a1J 11L111117i111.11llil lAUAlr�i. L. I � I O IG I I Ill2 1 I Se 20,87H ST I - EOUNDARY ?) I O , T�llrnrmmrr----- � - � ' C I I I �cL � ICI r SE 2407E S - F — — — — — �,' SSESSWEVT I - - i - I NUMEER I I i I I o � i w INDICA TES S/GNAL L 1D. COVENANT ' - w I ------L------- I --- -�utuiulu�>lil�I>t1t�>u>tu><liiulululauuiuia�-- r I , II SE 244TH SIT f-i- -T--`--�- ----� r ----r--�-r..T_. .---- .—....-�--- I I PROPOSED L.I.D. FOR TRAFFIC SIGNAL AT 1081'II. AVE. S.E. AND S.E. 2•I0TII. ST. CITY OF KENT, WASHINGTON RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, declaring its intention to order the installation of a traffic signal at the intersection of SE 240th Street and 108th Avenue SE and to create a local improvement district to assess a part of the cost and expense of carrying out those improvements against the properties specially benefited thereby, and notifying all persons who desire to object to the improvements to appear and present their objections at a hearing before the City Council to be held on January 4, 1994 . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, as follows: Section 1. It is the intention of the City Council of the City of Kent, Washington, to order the improvement of the properties within the area described in Exhibit A, attached hereto and by this reference made a part hereof, by the installation of a fully actuated 8-phase traffic signal with pedestrian detection and crossing indications at the intersection of SE 240th Street and 108th Avenue SE. All of the foregoing improvements shall be in accordance with the plans and specifications therefor prepared by the Director of Public Works of the City and may be modified by the City as long as that modification does not affect the purpose of the improvements. Section 2 . The total estimated cost and expense of the improvements is declared to be $150, 709 . 20 and approximately $71, 702 . 75 of that cost and expense shall be borne by and assessed against the property specially benefited by the improvements to be included in a local improvement district to be established 0108072.01 -1- embracing as nearly as practicable all the property specially benefited by the improvements. Actual assessments may vary from estimated assessments as long as they do not exceed a figure equal to the increased true and fair value the improvements add to the property. Section 3 . The City Clerk is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed local improvement district by mailing such notice at least 15 days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the rolls of the King County Assessor at the address shown thereon, as required by law. This resolution also shall be published in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least 15 days prior to the date fixed for the public hearing. Section 4 . All persons who may desire to comment in support of or object to the improvements are notified to appear and present those comments or objections at a hearing before the City Council to be held in the Council Chambers in the City Hall in Kent, Washington, at 7: 00 p.m. on January 41 1994 , which time and place are fixed for hearing all matters relating to the improvements and all comments thereon or objections thereto and for determining the method of payment for the improvements. All persons who may desire to comment thereon or object thereto should appear and present their comments or objections at that hearing. Any person who may 0108072.01 -2 desire to file a written protest with the City Council may do so within 30 days after the date of passage of the ordinance ordering the improvements in the event the local improvement district is formed. The written protest should be signed by the property owner and should include the legal description of the property for which the protest is filed and that protest should be delivered to the City Clerk. Section 5. The City's Director of Public Works is directed to submit to the City Council on or prior to January 4 , 1994, all data and information required by law to be submitted. Passed at a regular open public meeting by the City Council of the City of Kent, Washington, this 7th day of December, 1993 . Concurred in by the Mayor of the City of Kent this day of December, 1993 . DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: 47 FOSTER PEPPER & SHEFELMAN Special Counsel and Bond Counsel 0108072.01 -3- EXHIBIT A PROPOSED PRELIMINARY LID LEGAL. DESCRIPTION OCTOBER 11 , 1993 LID 344 SE 240TH STREET & 108T11 AVE SE TRAFFIC SIGNAL throughLot 1 9 Benson 93 and Lots1 and2of Kings Place in Volume 188 Pages3 ofats 53 ande54 ; AND ALSO In Section 17 , Township 22 North, Range 5 East, Tax Lot ,r903 ; Lot 1 of Kent SPC 78-34 Recording Number 7812200838 said plat ter described as followe east of the /23 of the southst southwest quarter lessrthe of the southeast quarter north 200 feet thereof less County roads ; AND ALSO Beginning at the northeast corner of the southeast quarter o the southwest quarter of Section 17 , Township 22 North, Range 5 East; thence south along the east line thereof 615 . 00 feet; thence North 8903710811 West 324 . 09 feet; thence South 00°04 ' 58" East 243 .94 feet; thence South 89042153/, East to a point on said east line; thence north along said east line to Point of Beginning EXCEPT public right of way ; AND ALSO In Section 17 , Township 22 North, Range 5 East, Tax Lot fi929 ; Lot 3 of Kent SPC 78-34 Recording Number 7812200838 of said plat; AND ALSO In Section 20 , Township 22 North, Range 5 East, Tax Lot of ir 90the the northwest quarter, of the northwest quarter 20 , Township North, Range 5 East,,elessgCounty road,uarter of elessn 2 nortastthe west 60 feet of the south 120 feet; AND ALSO Tract 8 Smiths) R o Orchard Tracts to Kent less road. LID344 I, BRENDA JACOBER, City Clerk of the City of Kent, Washington, certify that the attached copy of Resolution No. is a true and correct copy of the original resolution adopted on the 7th day of December, 1993 , as that resolution appears on the Minute Book of the City. DATED this day of December, 1993 . Brenda Jacober, City Clerk Kent City Council Meeting Date December 7 , 1993 Category Consent Calendar 1. SUBJECT: CABLE TV BASIC SERVICE RATE REGULATION - RESOLUTION 2 . SUMMARY STATEMENT: Adoption of Resolution No. /.3?i setting January 18, 1994 , as the date for a public hearing on City regulation of basic service tier rates, including related equipment, installation and service charges of all cable television franchises operating in the City of Kent. 3 . EXHIBITS: Draft resolution 4 . RECOMMENDED BY: Public Works Committee (2-0 with placement on Consent Calendar approved bV Council President) (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3L RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, regarding cable TV rate regulation and setting a public hearing date on a proposed rate regulation ordinance for January .4 , 1994 . \i WHEREAS, on or about October 28 , 1993 , the City of Kent delivered a completed Form 328 to the Federal Communications Commission ("FCC") , which form requested certification of the City of Kent, as a franchising authority, to regulate basic cable television service rates ; and WHEREAS , on or about December 3 , 1993 , according to FCC rules and regulations, the City was deemed to be certified for the aforementioned rate regulation; and WHEREAS, in order to maintain the City' s rate regulating authority, it must adopt rules and regulations which are not inconsistent with FCC rules and regulations regarding the rate making ability of local franchising authorities within 120 days of certification; and WHEREAS, the City of Kent Public Works Committee, at a regular meeting held on December 2 , 1993 , determined to hold a public hearing before enacting the ordinance that would provide for the regulation of basic service tier rates, including related equipment, installation and service charges, of cable television franchisees operating within the City of Kent; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS : Section 1. A public hearing on the proposed ordinance to provide for the regulation of basic service tier rates, including related equipment, installation and service charges, of all cable television franchisees operating within the City of Kent (a draft version of which proposed ordinance is attached hereto as Exhibit A and incorporated herein by this reference) shall be held at a regular meeting, e Kent City Council at seven o ' clock p.m. , Tuesday, January 18 , 1994 in the council chambers of City Hall located at 220 4th Avenue South, Kent, Washington 98032 . Section 2 . The City Clerk shall publish notice of this hearing in one or more newspapers of general circulation at least one week prior to the hearing. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of 1994 . Concurred in by the Mayor of the City of Kent, this day of 1994 . DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 2 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this Pissa true by tand he C correctityc copy of of Resolution No. day of the City of Kent, Washington, the Y 1994 . (SEAL) BRENDA JACOBER, CITY CLERK CABLETMES 120293.krb 3 V ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, to provide for the regulation of basic service tier rates and related equipment, installation and service charges of any cable television system operating in the City of Kent. WHEREAS , on October 5 , 1992 , Congress enacted the Cable Television Consumer Protection and Competition Act of 1992 which, among other things, provided that the basic service tier rates, and the charges for related equipment, installation and services, of a cable television system (hereinafter, "Basic Service Rates and Charges" ) shall be subject to regulation by a franchising authority in accordance with regulations prescribed by the Federal Communications Commission (hereinafter the "FCC") ; and WHEREAS, on April 1, 1993 , the FCC prescribed such regulations in the Report and Order In the Matter of Implementation of Sections of Cable Television Consumer Protection and Competition Act of 1992 • Rate Regulation, MM Docket 92-266, FCC 93-177 (released May 2 , 1993) (hereinafter the "FCC Rate Regulations") ; and WHEREAS , the City of Kent (hereinafter, the "City") is a franchising authority with the legal authority to adopt, and the personnel to administer, regulations with respect to the Basic Service Rates and Charges of any cable television system operating in the City, including, without limitation, the system currently being operated by (hereinafter "the Company") pursuant to the (hereinafter the "Franchise" ; and EXHIBIT__ _._ WHEREAS, the City desires to regulate the Basic Service Rates and Charges of the Company and any other cable television system operating in the City and shall do so in accordance with the FCC Rate Regulations, notwithstanding any different or inconsistent provisions in the Franchise; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . The City will follow the FCC Rate Regulations in its regulation of the Basic Service Rates and Charges of the Company and any other cable television system operating in the City, notwithstanding any different or inconsistent provisions in the Franchise. Section 2 . In connection with such regulation, the City will ensure a reasonable opportunity for consideration of the views of interested parties. Section 3 . The Mayor, or his or her designee, is authorized to execute on behalf of the City and file with the FCC such certification forms or other instruments as are now or may hereafter be required by the FCC Rate Regulations in order to enable the City to regulate Basic Service Rates and Charges. Section 4 . Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this ordinance, or the validity of its 2 application to other persons or circumstances. Section 5 . Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final approval and passage as provided by law. DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of , 1994 . APPROVED the day of 1994 . PUBLISHED the day of 1994 . 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. (SEAL) BRENDA JACOBER, CITY CLERK (SEAL) BRENDA JACOBER, CITY CLERK CABLE.ORD 3 Kent City Council Meeting Date December 7 , 1993 Category Consent Calendar 1. SUBJECT: 1994 CITY ART PLAN BUDGET AND 1994-1998 FIVE YEAR CITY ART PLAN 2 . SUMMARY STATEMENT: Adoption of the 1994 City Art Plan Budget and 1994-1998 Five Year City Art Plan, as recommended by the Parks Committee on November 9 , 1993 . 3 . EXHIBITS: 1994 City Art Plan Budget and 1994-1998 Five Year City Art Plan 4 . RECOMMENDED BY: Parks Committee 2-0 , with third vote supplied 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: $93 , 000 SOURCE OF FUNDS : City Art Plan - Ordinance No. 2552 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3M CITY OF KENT PARKS AND RECREATION DEPARTMENT KENT ARTS COMMISSION 1994 CITY ART PLAN ESTIMATED PROJECTS COST Titus/RR park - Downtown Mural/art 13 , 000 (carry over from 1993 budget) City Artwork Collection Purchases 3 , 000 Banner Replacement/Artwork 10, 000 Green River Trail Artwork/planning 30 , 000 Subtotal 56, 000 OTHER EXPENSES Maintenance/Contingency 5, 800 Administration 24 , 000 Supplies , 700 Artist Design Fee and Honorariums 5, 000 Postage and Printing 1 , 500 Subtotal 37 , 000 TOTAL 93 , 000 CITY OF KENT PARKS AND RECREATION DEPARTMENT KENT ARTS COMMISSION 1994 CITY ART PLAN Project Title: Downtown Murals Project Description: Murals are painted in the downtown area through partnerships between the City and local businesses. Long term wall lease agreements (5 to 10 year) are signed with building owners who have demonstrated an interest in the program and keep their buildings in excellent repair. The murals are designed by artists and painted on the buildings by sign companies or when appropriate, painted by mural artists. The original artwork will become part of the portable art collection and will be displayed in Kent public buildings . A mural at the Titus - Railroad Park in downtown Kent is proposed in 1994 . Estimated 1994 Costs : $13 , 000 . 00 * * These funds are carried over from the 1993 budget. Funding Source: City Art Fund Background: There are now ten murals completed in downtown Kent. The murals have been successful in establishing an outdoor gallery atmosphere that enhances the downtown for both pedestrian and car traffic. Factors Supporting Project: 1 . The successful mural program heightens interest in the downtown. 2 . The Mural Program will provide incentive for downtown building owners to keep their buildings in good repair. 3 . The more established the program becomes the more it will draw tourist directly to the downtown to view the works . h CITY OF KENT PARKS AND RECREATION DEPARTMENT KENT ARTS COMMISSION 1994 CITY ART PLAN Project Title: City Artwork Collection Purchases Project Description: Purchase of high quality interior portable artworks from the Kent Canterbury Faire JurieublicdaFine Art Exhibit. The artworks will be exhibited in the p ible areas of the City of Kent buildings. Estimated 1994 Costs: $3 , 000. 00 Funding Source: City Art Fund Background: The City of Kent Arts Commission has establshed a collection of portable artworks that include paintings, prints and other works . The purchase awards at the Canterbury Faire Fine Art Exhibit brings a higher quality of artwork to the exhibition and allows the city to obtain artwork to enhance the public buildings. Factors Supporting Project: 1 . The purchase prize draws better quality artwork to the exhibit. 2 . Visual artwork enhances public buildings. 3 . Artworks in public areas contribute to a successful and positive city image. CITY OF KENT PARKS AND RECREATION DEPARTMENT KENT ARTS COMMISSION 1994 CITY ART PLAN Project Title: Banner Replacement/Artwork at Meeker and Highway 516 Protect Description: A professional artist will create a permanent artwork to replace the fabric banners that fly above the City of Kent sign. The artwork will be designed to be permanent and most likely will incorporate the existing flag poles. Estimated 1994 Costs : $10, 000 . 00 Funding Source: City Art Fund Background: Fabric banners were created for both the corner of Meeker Street and Highway 516 and the Riverbend golf course in 1989 . Over the last 4 years the banners have needed to be repaired and total replaced due to the weather and extreme wind conditions in that area. In order to continue to have the banners/artworks at this highly visible and popular area they must be replace with a permanent work. Factors Supportina Project: 1 . If left in the current situation the fabric banners will continue to need maintenance and funds . 2 . The location is an important entrance to the city and can be indicated as such through visual artwork. CITY OF KENT PARKS AND RECREATION DEPARTMENT, KENT ARTS COMMISSION 1994 CITY ART PLAN Project Title: Green River Trail Artwork Project Description: A professional artist will create an artwork(s) for this popular trail or areas near the trail. The artworks can conceivably be interactive/functional sculpture - artwork that would allow trail users to physically move on, around, over, under or through it. Estimated 1994 Costs: $30, 000 . 00 Funding Source: City Art Fund Background: The placement of artwork on Kent trails has already been proven successful through David Govedare' s bicyclist sculpture "Slip Stream" at Van Doren ' s Landing. Factors Supporting Pro ect: 1 . The trail gives the opportunity for a location that has excellent public access and visible. 2 . Placing artworks along the trail could create an "arts trail" . 3 . The artworks can work as identifiers for significant areas of the trail . CITY OF KENT PARKS AND RECREATION DEPARTMENT KENT ARTS COMMISSION 1994 - 1998 CITY ART PLAN 1994 PROJECTS COST Titus/RR park - Downtown Mural/art 13 , 000 (carry over from 1993 budget) City Artwork Collection Purchases 31000 Banner Replacement/Artwork 10, 000 Green River Trail Artwork/Planning 30, 000 Administration/Maintenance/Contingency 37 , 000 APPROXIMATE YEAR TOTAL 93 , 000 1995 PROJECTS COST Downtown Mural Partnership 11, 000 City Artwork Collection Purchases 3 , 000 Teen Center artist design/planning 15, 000 Green River Trail (Nature) artwork 20, 000 Administration/Maintenance/Contingency 38 , 000 APPROXIMATE YEAR TOTAL 87 , 000 1996 PROJECTS COST Downtown Mural Partnership 5, 000 City Artwork Collection Purchases 3 , 000 Teen Center artwork 30, 000 Performing Art Center design/planning 10, 000 Administration/Maintenance/Contingency 39 , 000 APPROXIMATE YEAR TOTAL 87 , 000 CITY OF KENT PARKS AND RECREATION DEPARTMENT KENT ARTS COMMISSION 1994 - 1998 CITY ART PLAN 1997 PROJECTS COST City Artwork Collection Purchases 31000 Performing Art Center artwork 45, 000 Administration/Maintenance/Contingency 39 , 000 APPROXIMATE YEAR TOTAL 87 , 000 1998 PROJECTS COST Downtown Mural Partnership 5, 000 City Artwork Collection Purchases 3 , 000 Park/Nature artwork 15, 000 City Entrance artworks 25 , 000 Administration/Maintenance/Contingency 39 , 000 APPROXIMATE YEAR TOTAL 87 , 000 e Kent City Council Meeting Date December 7 , 1993 Category Consent Calendar 1. SUBJECT: COUNCIL ABSENCE 2 . SUMMARY STATEMENT: Approval of a request from Councilmember Jim White for an excused absence from the December 7 , 1993, City Council meeting�a7-ke will be out of town and unable to attend. 3 . EXHIBITS: Memorandum from Councilmember Jim White 4 . RECOMMENDED BY: Councilmember Jim White (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. 3N MEMORANDUM TO: DAN KELLEHER, MAYOR CITY COUNCIL MEMBERS FROM: IM WHITE, CITY COUNCIL MEMBER DATE: NOVEMBER 29, 1993 SUBJECT: CITY COUNCIL EXCUSED ABSENCE I would like to request an excused absence from the December 7, 1993 City Council meeting. I will be out of town attending the National League of Cities Conference and unable to attend. Thank you for your consideration. JW:jb Kent City Council Meeting Date December 7 . 1993 Category Consent Calendar 1. SUBJECT: OAK HILL R---- BZ L__2F SA E­ 2 . SUMMARY STA MENT: As recommended by the Public Works Committee, uthorization to accept the bill of sale and / warranty agreement submitted by William E. Ruth for co tinuous operation and maintenance of 965 feet of watermain a ension and 1, 787 feet of sanitary sewer improvements and r lease of bonds after expiration of the maintenance period.-- The project is located in the vicinity of S. E. 246th P1 . & 114th Ave. S. E. 3 . EXHIBITS: 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. 30 DEPARTMENT OF PUBLIC WORKS DECEMBER 1 , 1993 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM 'Th RE: OAK HILL WATER & SEWER EXTENSION - BILL OF SALE William E. Ruth, the developer of Oak Hill Water & Sewer Extension, has completed the water, and sanitary sewer improvements for this project. Oak Hill is in the vicinity of SE 264th Pl and 114th Ave SE. ACTION: Recommend the Bill of Sale be accepted and bonds released after the one year maintenance period. ale 16- SE 244TH .. S7 m h tx 1 N p W p < O J — a W S f 8 W ST SE q 248TH ST + � l W , W < G W N r — = W C w ` E 251 S _E z^ot� sT SE C < P j SE ND ST / SE 252ND PLH SE EAST HILL ` W = E 253R ST N:T.S • CENTER I w F u O �.,,Eh SE 252ND F,e1C ST i 515 j < W SE 2547H rL a 5� N Y KENT—MERIDIAN = SR. HI. SCHOOL = :q 1_ SE SE 256TH ST .. _0 ':F.•fi.:5 30 _ �'. .. E 25 t ppr / 29 28 ° S J' << i SE.237th i58TH ST ZJ7TH KENT SCHOOL STRICT $ S h ADMINISTRATION LDG. sE i h .r SE SE 260TH ST 260TH ST 4 ST Q6Ey - i S "� TN PL R01 p = S 9� �' SE 261ST e o ST SEQUOIA s i p SCHOOL n = 4:,• ? m SE W� < O A�..,P',c pr 0 P SE �264TH ST SE 264THST SE 26'�P s� 'EITY-t%M/TS' ��� sw S 516 s PROJECT Ovate. SE 265 " W SE 2 TH ;c < •Hesery =26"STH LOCATION $T S. ,+, ST_f " u c' q $E 268TH ST w _ �T r N 4 � •,E 2-on, � �� aE 27oTN ST SE 270TH pL m � SE 271ST = CL ^ s r � _ a y » z O 29 SE 272ND ST 29 28 SE 272N0� IT n 1 32 — — -- — 32 W W W W q q r q O g O W d q q q q Z R w SE 274 N W N W W St 274TH ST i $T < < < _ P sE zta sW c n4TN sr Ol x �• 37 W q N q W L 7 Kent City Council Meeting Date December 7 , 1993 Category Consent Calendar 1. SUBJECT: RED ROBIN --B�LL-bFFAL -- 2 . SUMMARY STA EMENT: As recommended by the Public Works /Committee, uthorization to accept the bill of sale and warranty agreement submitted by East Hill Associates for / continuous operation and maintenance of 510 feet of street improvements and release of bonds after expiration of the maintenance period. The project is located at 25207 104th Ave. S.E. PV i 3 . EXHIBITS: Memorandum from Public Works Director and vicinity map 4 . RECOMMENDED BY: Public Works Committee (3Public Works Committee (3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO /` YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3P DEPARTMENT OF PUBLIC WORKS DECEMBER 1 , 1993 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM-1W RE: RED ROBIN - BILL OF SALE East Hill Associates , the developers of Red Robin has completed the street improvements for this project . Red Robin is located at 25207 104th Ave SE. ACTION: Recommend the Bill of Sale be accepted and bonds released after the one year maintenance period. ~� "El-2 h< AVfST g 736TH _ �LLl" G S WOI OrH (�) Fteser-c ETH " w"ll 8 x�TTII `^" '• (pvt) SE 23YTH N_ > Z ST i S 239TH Y•w';... O l�sL < h `� 1 p 2: O H W OTH ST 17 6 J, 5,239t PL. R 18 11 >< SE 20 °21 0 ST > » r Pea 0" 'Z EAST HILL a 241ST ST ¢ re ELEMENTARY SCHOOL r S 242ND< ST r. W ' S 243RD o ST SE 2a4TH S 44TH p p ¢ owi oWf ST > ^ w P W Z T.JAM ES < SCHOOL m vsp cc Za6'� a 5- =D S 3 246TH - W 247TH + > PL 0P < p E N>iN °o W ST Z Z c' p w SE 248TH ST u n > S 248TH ST 0 P < < PROJECT LOCATION P > � r y W \ � CL _ r"c.i� i.1 r. . . 516 � � w 4W r_r wr ; I'�� �` %/� SE 2�2NJ ST > ST ���C r.- -''Ff, S 252NC ST > f EAST HILL W CENTER F p SE 25 STD $ < w SE 254TH PLt:z 7,;King ity * 515 < <I Polke .p J d m W 1L ��sl O KENT-MERIDIAN �- .. > < > �Q. J v 7p �SR. HI. SCHOOL _ .. �� ,.1,{z. `1 Y < e^ �,! gE 256TH ST S. UT 0 p ST r_ z y+. 24 28 > /Jy 30 P w F- W r v L wA $ $ _ ST m �`_s Z i > < c S7th gSH EMETERY ;<SE �- `PSIIK ' r SE 260TH ST 260TH Q(f. ST > t 7 SCENIC HILL RD1 T74s % .-,, ELEMENTARY 4+• SCHOOL kti�X,6 i < SEQUOIA '-i a •'.yy,,.. �dy'3.S:dya w / (�) JR.HI.it p 41 I SCHOOL S 242NO < O rir•Id r �i SE 264TH ST~ i CITY=L%MITS'�+ FlSEra L [t P :' Wntcr 2 i TH rt ;i < .H esery ST 1( Kent City Council Meeting Date December 7 , 1993 Category Consent Calendar 1. SUBJECT: THE MEADOW -B-I ^�T- -9A 5 ^ 2 . SUMMARY STA EMENT: As recommended by the Public Works /Committee, thorization to accept the bill of sale and warranty ag leement submitted by Walter J. Buttkus and Betty Lou Buttkus for continuous operation and maintenance of 36 feet of storm sewer improvements and release of bonds after expiration of the maintenance period/.r The project is located at the southwest corner of S. E. 248th St . & 116th Ave. S. E. 1 3 . EXHIBITS: 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 YES FISCALIPERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Agenda Item No. 3Q DEPARTMENT OF PUBLIC WORKS DECEMBER 1 , 1993 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM RE: THE MEADOW - BILL OF SALE Walter J. Buttkus and Betty Lou Buttkus, the developers of The Meadow has completed the storm sewer improvements for this project. The Meadow is located on the southwest corner of SE 248th St and 116th Ave SE. ACTION: Recommend the Bill of Sale be accepted and bonds released after the one year maintenance period . - v r• Jl, SE 23JRD• j-^ l4 f•S ! F ..,\ p-.. „ SEA 234TH ST 'MERIDIAN SE 231 Ti/l ST I Q'b SCHOOL SE WA "� = STH�'S �� Ids: SE If, �:34Ti1 FL• �" \ Atr,iet�co z 3E 2b5 T1� �i3, ide Field ^ W J OA SE 236TH 37 AVE />�'j'�/J 57 - iF \ 3E 236TH '36TH h 1 .J_ r .'�i•. :1?..'.e. Nc,l'.>n�;".•� /.// Y �o �. •i-y- w w Ly- .� ur y S SE 236TH Pl w es, Lj 1 W 90 SE 237TH ST < > w Frs. ua L Ea 23 -- m (Pvt) m ST (pvt) SE 239TH ~ \ d N W � n ST OTH ST 17 a 18 17 SE \` 20 '21 EAST MILL ELEMENTARY - \ SCHOOL a � w r^ o SE 244TH d ST = ---` H o N m W ~ O > P < o i > j a PROJECT LOCATION = ° o W 248TH ST TH ST SE I w W > N < / < w < W SE 252ND ST EAST HILL ` w x 253R�z ST CENTER o'' w _ > 1 h SE 252ND I Field ST > GO SE 254TH PL a 515 I j < W w 9 5 N \\ < < •: H N �KENT-MERIDIAN = /� �, .. > `• SE SR. HI. SCHOOL / + 11 SE 256TH ST r �� 30 29 2s *E23 s a N N ~ W �I .r r d > $ < S E S7th eTH' W S7. z3�TNKENT SCHOOL STRICT \ 3 _ ADMINISTRATION LDG. V SE 59TH _ U SE SE 260TH ST 260TH ~OEFY .h 4oZ� 9��6pTH PL ST RO,SO `iti yt SE 2615T m 2 It O ST w / < SEQUOIA 'Sr�>>r2 `> Q" 01 INO r SCHOOL �yf� � � P d` > r Atn't- C 1 CT D P < F" Id 0 SP SE I264TH ST ':E 264in Sr 516 fl re � Kent City Council Meeting Date December 7 , 1993 Category Consent Calendar 1. SUBJECT: WESTMINSTER PLACE ---Bad SALE 2 . SUMMARY STA EMENT: As recommended by the Public Works 'Committee uthorization to accept the bill of sale and warranty a reement submitted by Rich Lucas for continuous operation and maintenance of 583 feet of watermain extension, 786 feet of sanitary sewers, 650 of street improvements and 602 feet of storm sewers and release of bonds after expiration of the maintenance period. The project is located in the vicinity of S.E. 248th St. & l th Ave. S. E. i 3 . EXHIBITS: 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 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. 3R DEPARTMENT OF PUBLIC WORKS DECEMBER 1 , 1993 TO: PUBLIC WORKS COMMITTEE FROM: DON WICKSTROM RE: WESTMINSTER PLACE SHORT PLAT - BILL OF SALE Rich Lucas , the developer of Westminster Place Short Plat has completed the water, sanitary sewer, street improvements and storm sewers for this project. Westminster Place is in the vicinity of SE 248th St and 116th Ave SE. ACTION: Recommend the Bill of Sale be accepted and bonds released after the one year maintenance period. v0 ^<,�tL 'S• p '�; �..�' .tE :J4T11 ST Ml. 1. SE 234i1 � SE A SCHOOLSE Sr 5Tli .3'3 Q`• J:34TH PL• e•IiCO gL ST �3rr IC('.dC i F�i•�d 236TH 3T A3'E J :r \ SE 236TH ST _ ff-- �b '•. 'may 236TH .:-F .^w,. ./.ln:•�•� v�1;�;� CITY _ w s SE 236TH PT W WOicr ,� W �� SE 231TH ST w FrS•1 O �J < u a Z I is•: E 23ETH o ST = (Pvt) m ,� W (Pvl) SE 23YTH c� z w < F. W ST — .w °1 J N W / V 18 I7 > SE OTN sT 20 21 v1 .d O"�p" EAST HILL •` I TM ELEMENTARY SCHOOL a o SE 244TH _ i ST ' o O ) � O G > I a 2"13TH PROJECT LOCATION 477 SE 248TH ST I < / a >; SE 252ND ST 7 EAST HILL w s 2 '> 57 !I CENTER ~ < W IIII r.r.• rh SE 25271) N W w N J Fe'c' ST 515 ! < W SE 254TH PLd N �KENT—MERIDIAN j SE SR. HI. SCHOOL } SE 256TH ST j - _ �� •=.i 30 N - 29 28 W t� a $ '< S.E.2 S7 th iSBTH gT STRICT zJ2 rHADM N ISTRATION LDG. g 5. S ~ •. �;' f''�•l '1<SE 59TH � r SE 260TH ST 260TH hp( .r ST H pL STQbpT n. T 'R � S a 5t i SE 26IST t ST w Pvt SEQUOIA ' ''i'.opv` 1 ZQ�. 11 32 NO < SCHOOL SE 264T11 ST^ 1 F ;r•„ .�. t...� irv'Llltif/TS c• 516 1 (� Flre f , Kent City Council Meeting Ohl Date December 7 , 1993 Category Other Business 1. SUBJECT: 1994 PROPERTY TAX LEVY 2 . SUMMARY STATEMENT: The Property Tax Levy is calculated with information received from King County, based on the 106 percent levy lid law, and new construction and voter approved debt service requirements. official assessed valuation information is still pending from King County. Acting Finance Director May Miller will provide updated information. 3 . EXHIBITS: Ordinance and worksheet 4 . RECOMMENDED BY: Operations Committee to review 12/7 final information still pending from King County. (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, CouncilmemberQ�yv�/ seconds to adopt Ordinance No. 3 ) 4q fixing the tax levy for 1994 . VW DISCUSSION: ACTION: C.L�/�� � C�v '�t V;tt Council Agenda aalItem No. 4A 5tn4, " W-k pia�ob�e i! i I i I I t� ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, fixing the tax levy therein for the year 1994. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . Levy. There shall be and there is hereby levied against the property in the City of Kent, Washington , on an assessed value of a municipal tax for the year 1994 for the purposes and in the sums following, to wit: Levy per $ 1 , 000 of Fund assessed valuation Amount For the General Fund, for the purpose of paying the general expenses of municipal government: General Fund 2 . 78804 10 ,884, 340 For Voted Bond Interest and Redemption Fund, for the purpose of paying debt service on the following projects : Public Safety . 155435 606,810 Senior Housing .053420 208, 550 General Obligation Refunding . 223536 872,670 PROVIDED: that the application of the general fund levy shall be consistent with and not result in a tax revenue in excess of the limitation imposed by RC,d 84. 55.010 . Section 2 Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances . �I L� Section 3 . Effective Date. This ordinance shall take effect and be iI in force five (5) days from and after its passage, approval and publication as provided by law. 'i i DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of 1993 . APPROVED the day of _, 1993 . PUBLISHED the day or 1993 . I hereby certify that this is a true copy of Ordinance No . —, passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK PROPERTY TAX COMPARISON CHANGE 1991 1992 1993 1994 FROM ACTUAL ACTUAL ACTUAL BUDGET 1993 % A.V. LESS NEW CONSTRUCTION 3,246,057,188 3,399,740,979 3,891,977,069 3,844,610,626 (47,366,443) -1.2% NEW CONSTRUCTION 156,082,063 108,386,499 46,705,110 59,324,542 12,619,432 27.0% TOTAL ASSESSED VALUATION 3,402,139,251 3,508,127,478 3,938,682,179 3,903,935,168 (34,747,011) -0.9'X PROPERTY TAX LEVIES: GENERAL FUND 8,639,323 9,425,258 10,124,967 10,884,340 759,373 7.5% DEBT SERVICE FUNDS FIRE APPARATUS 56,384 38,226 44,981 (44,981) -100.0% PUBLIC SAFETY 675,852 1,092,318 1,198,208 606,810 (591,398) -49.4% SENIOR HOUSING 681,639 653,175 698,886 208,550 (490,336) -70.2% GO REFUNDING 872,670 872,670 100.0% TOTAL DEBT SERVICE FUNDS 1,413,875 1,783,719 1,942,075 1,688,030 (254,045) L TAX LEVY 10,053,198 11,208,977 12,067,042 12,572,370 505,328 4.2% LEVY RATES: GENERAL FUND 2.54 2.68 2.56 ' 2.79 0.23 9.0% DEBT SERVICE FUNDS FIRE APPARATUS 0.02 0.01 0.01 (0.01) -100.0% PUBLIC SAFETY 0.20 0.31 0.30 0.16 (0.14) -46.7% SENIOR HOUSING 0.20 0.19 0.18 0.05 (0.13) -72.2% GO REFUNDING 0.22 0.22 100.0% TOTAL DEBT SERVICE FUNDS 0.42 0.51 0.49 0.43 (0.06) TOTAL 2.96 3.19 3.05 3.22 0.17 5.6% The 1994 tax levy rate is 2.78804. The formula for calculating the levy rate is limited to 106% of the last three years' highest regular levy plus new construction at the previous year's rate. The formula excludes omitted assessments (they are taxed at the rate in effect for the year that they should have been included), and adninistrative adjustments. The levy for Senior Housing debt service includes a one time reduction of $150,000 from return of unneeded funds. The project was completed under budget. CCC 94PRPTX2.WQ! 03-Dec-93 � l Kent City Council Meeting Date December 7 , 1993 ` Category other Business 1. SUBJECT: 1994 BUDGET 2 . SUMMARY STATEMENT: The Council established this date to adopt the 1993 Budget. An ordinance has been prepared to reflect the Mayor ' s budget proposal with adjustments as discussed and recommended by the Budget Committee at their November 29th meeting. ThQ g>> no+ commit els--reeoTme-ndati-ores--i-nf--Luding--administr-ati-ve- st,ments-that---wer--approved- in concept.- 3 . EXHIBITS: Preliminary Budget Adjustment ordinance and backup 4 . RECOMMENDED BY: Budget Committee 13 /29/93 (2-1) - (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 to adopt Ordina?ceL.5il4 5 approving the 1994 Budget. DISCUSSION: n ACTION: Council Agend Item No. 4B i j ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington relating to budgets and finance; adopting the 1994 Budget. WHEREAS, the tax estimates and budget for the City of Kent, Washington for the year 1994 have been prepared and filed as provided by the laws of the State of Washington , the said budget having been printed for distribution and notice published in the official paper of the City of Kent setting the time and place for hearing on same and said notice sta-ing that all taxpayers calling at the Office of the City Clerk would be `urni � hed a copy of said budget; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1 . Budget . That the budget for the year 1994 as it now stands is hereby adopted in the amounts and for the following purposes to wit : Change Beeinning Ending in Fund Fund Fund Revenues Expenditures Balance Balance Balance GOVERNMENTAL FUNDS GENERAL. FUND 33,354,756 36,077,093 3,573.237 1,350,000 SPECIAL. REVENUE FUNDS Street 2,646,592 2,742,193 (95,601) 479,710 384,109 Capital Improvement 3,615,288 3,800,066 (184,773) 684,778 500,000 Criminal Justice 692,291 773,954 (81,663) 171,778 90,115 Environmental Mitigation 215,093 362,262 (141,169) 372,410 225,241 Communitv Block Grant 373,101 373,101 Other Operating Projects 285,000 285,O60 DEBT SERVICE FUNDS Voted 1,348,530 1,318,�30 83,939 J3.939 Councilmanic 1,920,021 1,92Q 021 Special Assessment 2,032,437 3,064,536 (1,03?099) 3,267,068 2.334,969 CAPITAL PROJECTS FUNDS Street Capital 2,747,000 2,747,000 Parks Projects 432,237 482,237 Other Projects 1,030,556 1,534,556 (504,000) 504,000 PROPRIETARY FUNDS ENTERPRISE FUNDS Water 6,802,873 7,439,94E (637,075) 4,909,072 4,271,997, Sewerage 13,084,175 13,780,911 (696,736) 3,976,400 1,279,664 Golf Course 2,911,761 2,683,272 22E,4S9 686,154 914,643 INTERNAL SERVICE FUNDS Equipment Rental 1,482,015 1,537,536 (55,521) 2,525,568 2,470,047 Central Services 3,338,450 3,341,568 (6,118) 6,118 Insurance 4,546,004 4,411,017 114,987 2,539,455 2,654,442 FIDUCIARY FUNDS TRUST AND AGENCY FUNDS Firemen's Pension 230,000 157,150 72,S50 2,110,459 2203,309 Economic Development Corp 23,708 35,&S0 (12,172) 56,661 44,459 TOTAL GROSS BUDGET84,161,SSS 89,421,731 (f,259,843) 1_6,066,S07 20,806,964 Less: Internal Services S,357.349 8,557.349 Other TransCcrs 6,87S372 6,57'�.372 TOTAL NET BUDGET 68.426.167 73.686.010 26.066.S07 20.806.964 Section 2 . City Administration shall administer the Annual Budget d in doing so may authorize adjustments pursuant to RC1,4 35A.33 . 120 . Section 3 . Severabiljty. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision , section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances . Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. DAN KELLEHER, MAYOR ATTEST: I �I i III �I APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of 1993 • APPROVED the day of 1993 . PUBLISHED the day of 1993 . I hereby certify that this is a true copy of Ordinance No. —, passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK FDJUSIIqENIS TO 1994 PRELIMINARY BUDGET TO ARRIVE AT FINAL BUDGED Inc (Dec) Beginning erg in Elul Fund Fund Revenues DTen litures Balance Balance Balance GOVERNMENTAL FUNDS GENERAL FUND 33,854,756 35,879,757 (2,025,001) 3,375,001 1,350,000 Fund Balance Increase as of 10/31/93 88,609 88,609 Increase Medical Aid Rates 92,819 (92,819) (92,819) Reclassifications Council Date 10/19/93 26,784 (26,784) (26,784) * Harrison Hasse Rey Assistance 5,760 (5,760) (5,760) * Add 3rd Assistant Chief 62,628 (62,628) (62,628) * Reallocate 'Diversity Training" (50,000) 50,000 50,000 * for "General Citywide Training" 50,000 (50,000) (50,000) Transitional Housing for Haceless Mom, (7,000) 7,D00 7,000 Reallocated to E]roxga-icy Severe Weather Shelter 7,000 (7,000) (7,000) Move Water Quality to Drainage Fluid (158,239) 158,239 158,239 Decrease cost allocations for eater quality 158,239 (158,239) (158,239) Add Parks, Seaer & Drainage 5,812 (5,812) (5,812) * Miscellaneous Adjustrents 4,433 (4,433) (4,433) * Increase Fund Balance to cover adjustments 109,627 109,627 Adjusted General Fund 33,854,756 36,077,993 (2,223,237) 3,573,237 1,350,000 SPECIAL REVENUE FUNDS STREET 2,646,592 2,742,133 (95,541) 588,697 493,156 Fund Balance Decrease as of 10/31/93 (108,987) (108,987) Increase Medical Aid Rates 343 (343) (343) * Miscellaneous Adjustments (283) 283 283 Adjusted Street Fund 2,646,592 2,742,193 (95,601) 479,710 384,109 CAPITAL IMPF7JE= 3,615,288 3,826,510 (211,222) 661,222 450,000 Fluid Balance Increase as of 10/31/93 23,556 23,556 * Delete D3wntoal parking Garage (75,000) 75,000 75,000 * Increase Sidewalks to $300,000 25,000 (25,000) (25,000) Fire Hearing Protection (Gas MDr) 23,556 (23,556) (23,556) Adjusted Capital ImprovaTent Fund 3,615,288 3,800,066 (184,778) 694,778 500,000 CRIMINAL JUSTICE 725,329 805,237 (79,908) 193,593 113,685 Fluid Balance Decrease as of 10/31/93 (21,815) (21,815) Increase Medical Aid Rates 2,243 (2,243) (2,243) Reduce Grant - Project Lighthouse (29,923) (29,923) * Miscellaneous Adjustments (3,115) (3,603) 488 488 Adjusted Criminal Justice Fund 692,291 773,954 (81,663) 171,778 90,115 CCC 94ADJ02.WQ! Form 2 03-Dx-93 AWLUI!v= TO 1994 PRELIMINAW BUDGET TO ARRIVE AT FINAL. BUDGET Inc (Dec) Begimu g Ending in Flux] Fluid F1und Revenues FScpaxlitures Balance Balance Balance ENVIF43NAENIAL MITIGATION 215,093 353,832 (138,739) 372,410 233,671 Reclassifications Council Date 10/19/93 8,332 (8,332) (8,332) Increase Medical Aid Rates 98 (98) (98) Adjusted Environnental Mitigation Rmd 215,093 362,262 (147,169) 372,410 225,241 CQ21JNITY BLOCK GRANT 359,845 359,845 Increase Medical Aid Rates 701 (701) (701) * Increased Giant FhrUng Approved 13,256 13,256 Misczllanecus PdjusbTents (701) 701 701 Adjusted ComTmity Block Grant 373,101 373,101 OTHER OPERATE Pm17EC15 330,000 330,000 * Delete Downtown parkirg Garage (75,000) (75,000) * Move Rail Facility Study fmn Other Projects 30,000 30,000 Adjusted Other Operating Projects 285,000 285,000 DF13T SERVICE FUPIDS IV= 1,848,530 1,848,530 83,939 83,939 OCUNCILKWIC 1,920,021 1,920,021 SPECIAL ASSES-S?vM 2,032,437 3,064,536 (1,032,099) 3,367,068 2,334,969 CAPITAL, PRL1=S FUNDS SIRERT PRCaJECTS 2,722,000 2,722,000 * Increase Sidewalks to $300,000 25,000 25,000 Adjusted Street Projects 2,747,000 2,747,000 PARKS Pf417ECTS 482,237 482,237 OTHER PRaJECTS 1,037,000 1,541,000 (504,000) 504,000 * Fire Hearing Protection 23,556 23,556 * Move Rail Facility Study to Operating Projec (30,000) (30,000) Adjusted Other Projects 1,030,556 1,534,556 (504,000) 504,000 Ox 94AA702.DJQ! Form 2 03-Dec-93 ADJLSUI SITS 10 1994 PRELIIMIIN*U FET TO ARRIVE AT ROYAL SI= Inc (Dec) Beginning ay T in Fund Fund nd Fund Revenues Expenditures Balance Balance Balance PF OPRIF IARY FU!DS ENIU PRISE FUNDS 6,802,873 7,400,272 (597,399) 4,909,072 4,311,673 Increase Medical Aid Rates 7,150 (7,150) (7,150) * Miscellaneous Adjustments 32,526 (32,526) (32,526) Adjusted Water Find 6,802,873 7,439,948 (637,075) 4,909,072 4,271,997 3SDERAGE 13,084,175 13,751,695 (667,520) 3,976,400 3,308,880 Increase Medical Aid Rates 5,781 (5,781) (5,781) Move Water Quality 158,239 (158,239) (158,239) Decrease Interfund Payn-Ents (158,239) 158,239 158,239 * Miscellaneous Adjustments 23,435 (23,435) (23,435) Adjusted Seer Fund 13,084,175 13,780,911 (696,736) 3,976,400 3,279,664 GOLF CCMPI,EX 2,914,761 2,651,582 263,179 686,154 949,333 Reclassifications Council Date 10/19/93 4,283 (4,283) (4,283) Increase Medical Aid Rates 3,913 (3,913) (3,913) * Miscellaneous Adjustments (3,000) 23,494 (26,494) (26,494) Adjusted Golf Carplex 2,911,761 2,683,272 228,489 686,154 914,643 INTERNAL SERVICE FUNDS EWnDN INT RUTTpy 1,482,015 1,518,676 (36,661) 2,697,606 2,660,945 * Fund Balance Decrease as of 10/31/93 (172,038) (172,038) Increase Medical Aid Rates 2,031 (2,031) (2,031) Miscellaneous Adjustments 16,829 (16,829) (16,829) Adjusted Equip ent Rental 1,482,015 1,537,536 (55,521) 2,525,568 2,470,047 CEqIRAL SERVICES 3,338,450 3,338,450 Find Balance increase as of 10/31/93 5,132 5,132 Reclassifications Council Date 10/19/93 5,178 (5,178) (5,178) Increase Medical Aid Rates 21638 (2,638) (2,638) Miscellaneous Adjustments (1,698) 1,698 986 2,684 Adjusted Central Services Fund 3,338,450 3,344,568 (6,118) 6,118 coc 94ADJ02.WQ! Form 2 03-Dec-93 ADJUS M,?I'S TO 1994 PRELImIIp,RY BUDGET TO ARRIVE AT FINAL BUDGET' Inc (Dec) Beginning Ending in Fund Fund Fund Revenues E gDenditures Balance Balance Balance INSURANM 4,359,349 4,340,150 19,199 2,456,526 2,475,725 Fund Balance Increase as of 10/31/93 82,929 82,929 Wbrler's CMpensation Rate Increase 126,717 126,717 126,717 Fbrloar's Cal ensation / Safety EquipTent 20,000 (20,000) Dbrlar's Ctmpensation Clairrs (20, 0) 20,140 (20,140) (20,14140) * Miscellaneous Adjustments 59,938 50,727 9,211 9,211 Adjusted Insurance Fund 4,546,004 4,431,017 114,987 2,539,455 2,654,442 FIDUCIARY F TW TRUST AND AGE y FUNDS FIREMEN'S PENSION 230,000 157,150 72,850 2,130,459 2,203,309 E)OOtx]M DEVE LOR-OiT COPP 23,708 35,880 (12,172) 56,661 44,489 TOTAL GROSS BUDGET 84,161,888 89,421,731 (5,259,843) 26,066,807 20,806,964 LESS: Internal Service Funds 8,857,349 8,857,349 Other Transfers 6,878,372 6,878,372 TOTAL BUDGET 68,426,167 73,686,010 (5,259,843) 26,066,807 20,806,964 COC 94PDJ02.WQ! Fcrm 2 03-Dec--93 Kent City Council Meeting Date December 7 1993 Category Other Business 1. SUBJECT: WEST MEADOW FINAL PLAT (FSU-93-2) 2 . SUMMARY STATEMENT: This date has been set for a public meeting on an application for the West Meadow Final Plat (FSU-93-2) . The property is approximately . 83 acres in size and is located at the southwest corner of S.E. 248th St. and 115th Ave. S. E. The Council approved the West Meadow Preliminary Plat (FSU-93-02) on September 21, 1993 . / 3 . EXHIBITS: Staff memo, map and City Council Minutes 9/21/93 4 . RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL PERSONNEL I PACT: NO X _ YES FISCAL/PERSONNEL NOTE: Recom ended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: I 7 . CITY COUNCIL ACT(IO nN-: /� Councilmember U�v move , G --�L r secondg'-' for approval of the West Meadow Final Plat (FSU-93-2) � a,�d 7` e DISCUSSION:_ ACTION: Council Agenda Item No. 4C CITY Of )CA, CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM December 7 , 1993 MEMO TO: MAYOR DAN KELLEHER AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: WEST MEADOW FINAL PLAT #FSU-93-2 On September 21, 1993 the City Council approved the West Meadow Preliminary Subdivision No. SU-93-2 , a 3-lot single family residential plat. The site is approximately . 83 acres in size and is located at the southwest corner of S. E. 248th Street and 115th Avenue S. E. The property is zoned R1-1.2 . Nine conditions were part of the Council ' s approval . Staff recommends approval of this application. The applicant has now complied with these conditions as listed below and has made an application for the final plat. A. PRIOR TO RECORDATION OF FINAL PLAT 1. The final plat mylar or linen shall bear a notation which states that development on all lots shall comply with City of Kent solar setback regulations. 2 . The final plat mylar or linen shall bear a notation which states that an accurate tree plan shall be required prior to the issuance of any development permits for the lots. 3 . Demolish or move the existing shed on Lot 2 to comply with the setback requirements for the R1 Single Family Residential Zone. As an alternative, adjust the lot line between proposed lots 2 and 3 in order to achieve the required five-foot setback requirement. 4 . Provide stormwater calculations for the proposed development to the Public Works Department. If additional capacity is needed in the existing detention pond, submit engineered drawings and construct or bond for the additional construction. 5. Comply with all applicable SEPA mitigation conditions required as part of the DNS issued for #ENV-93-17 . This includes conditions 1, 5, 7 , 8 , 9, 10, and 11 . 6 . Submit to the Public Works Department approved engineering plans which show that the water, sewer, storm drainage, and street conditions have been met. West Meadow Final Plat #FSU-93-2 December 7 , 1993 Page 2 B. PRIOR TO ISSUANCE OF A DEVELOPMENT PERMIT FOR ANY LOT: 1. Complete all required conditions in section A. , above. 2 . Comply with SEPA mitigation measures 2 , 3 , 4 , 6, 12 , and 13 . 3 . Submit an accurate tree plan, showing all trees on site with a caliper of six inches or greater, marked to show which trees will be retained, to the Planning Department for approval. Required tree protection measures shall be observed during all phases of development, including grading, excavation, construction, and landscaping. JPH/mp:c: fsu932 . cc WEST MEADOW FINAL PLAT #FSU-93-2 ast-West centerline ection 20.--� SE 248t h St . - .6 a Iwl .� SB9 '43 11 E f t�)' --- -- ---___ - __-__---__.. -- - - _. _ _ -.20 2 1 L)I 124.B2 cni _ m � I / I j /-10 Gas easement - / Rec No. 9211200486 15 I 10 Power easement 1 _�I m Per_ No. 9212231026 In I ,c, r 6 5' Sidewalk easement IQ I Rec No. 9212OB2795 II 150.00' ,-10 Private storm --_I Nab'3025 w drainage easement ' -� Kent SP 91-14- 15 Slope easement - w Pec No. 9212082794 Cn 3 - �_ I m' 24c16 05--" Avenge SE m 6 -- 10 Private storm InI w. 150900' drainage easement Q o N88'3026W o' Kent SP 91-14 LL m o 1 o in 24924 115 r" A,e„ue SF_2 . I U L Z o n, o 0 0 o c i o. C N: N _ Ql ip I W U y 5 Private waterline 'p m_ easement Kent SP Q 91-14 �.. o m � ul 588.30 26'E J _ o w - �nlzm 150.00' N 4--- 0 - -10' Gas easement (c Rec No. 9211200486 - 1 00 2490? RS"Avewe SEC i0 I m t- oted. o I m, ]0' Power easement r stamped Rec No. 9212231026 in concrete �-10' Slope easement Rec No. 9212OB2794 --- - ed pl 41 S86'30'26"E 22338. " 150.00 ' ]0 Private storm 1 1 I i drainage easement Kent SP 91-14 u�derPlat —'I '� 6.5' Sidewalk easement under . Rec No. 9212082795 23143 I West line E1/2 NES/4 NE1/4 SES/4 Section 20, I 20 ir2! 1 F� September 21, 1993 - PUBLIC \ Crawford accepted the proclamation and noted COMMUNICATION\ that the citizens have taken back East Hil and it is now a safe place to live and work. Day of Concern for the Hungry. Mayor Pro Tem Woods noted that the City of Kent commits both City General Fund and Block Grant dollars to fund emergency food programs , and that the Seattle Emergency Feeding Program has invited Kent to join in an effort to end hunger in our city. She read a ,proclamation declaring October 1, 1993 , as Day \ of Concern for the Hungry in the City of Kent; and urging all citizens to join with the Seattle Emergency Feeding Program to feed those who are hungry. ,/ Arthur Lee of the Seattle Emergenc� Feeding 'Program noted that on October if volunteers will be staffing stores in Kent, and expressed`\�ppreciation for Kent ' s support. X CONSENT ORR MOVED that Consent\Calendar Items A through J CALENDAR be approved. Johnson seconded and the motion carried. / MINUTES (CONSENT CALENDAR - ITEM 3A) `� Approval of Minutes. APPROVAL 'of the minutes of the regular Council meeting of September 71 1993 . TRAFFIC (CONSENT CALENDAR - ITEM 3G) CONTROL Central Avenue & 4th Avenue Interconnect. AUTH0�2TZATION to accept the contract with UDL, Inc. for the Central Avenue & 4th Avenue Interconnect project as complete, and to' release retainage_ after receipt of State releases. PRELIMINARY (CONSENT CALENDAR - ITEM 4A) SUBDIVISION West Meadow Preliminary Subdivision SU-93-2 . The Hearing Examiner has recommended conditional approval of an application by Betty Lou Buttkus for a three-lot single family residential pre- liminary subdivision. The property is located at the southwest corner of S.E. 248th Street and 115th Avenue S .E. at 24816 115th Avenue S .E. 2 September 21, 1993 PRELIMINARY There were no comments and ORR MOVED to accept SUBDIVISION the findings of the Hearing Examiner and to adopt I the Hearing Examiner' s recommendation of approval with nine conditions of the West Meadow SU-93-2 three-lot single family residential preliminary subdivision. Johnson seconded and the motion carried. COURT (BIDS - ITEM 5A) Municipal Court Remodel. This project consi s of remodeling the old engineering buildingat 2nd and Gowe for the municipal court. Bid opening was held on September 10 . / When presenting the municipal court proposal to the Council last June, remodeling costs were roughly estimated at $103 , 000 from' the $250, 000 allocated for the project. The low bid came in t $105 , 735 plus $2 , 600 for an ,.alternate bid item for energy efficient lighting. Application will be\made to Puget Power to seek reimbursement for part' ,of the alternate bid amount. City Attorney Lubovich noted that the bid is well within budget, and that the Public Safety Committee\recommended acceptance of the low bid and the al ernate bid for the energy efficient lighting. He clarified for White that $78 , 000 has been alloated for furniture and equipment, that benches for the court will cost $5 , 000, and that there will not be a need for a lot of furniture. MANN MOVED that the \low bid be accepted and a contract be awarded to Mayer Construction company, A nc. in the amount of $105 , 735 plus $21600 /for energy efficient lighting, subject to the architect' s completion\ of a reference check r and the low bidde ' s satisfaction of bid con- tracting conditions . White seconded and the mo ion carried. CITY HALL ;(BIDS - ITEM 5B) ;'City Hall Remodel. The Operations Committee has recommended that a contract in the amount of $488 , 800 be awarded to the low bidder, M.D. Moore, Inc. for the City Hall Remodel, This 3 Kent City Council Meeting Date December 7 . 1993 �i Category Other Business 1. SUBJECT: WEST HILL STATION 73 (3514 S. 252nd STREET) 2 . SUMMARY STATEMENT: In 1986, during the methane gas problems on the West Hill, a settlement with the City of Seattle was reached. A part of that agreement was to place a neighborhood park or Tot Lot at the site of the old fire station. The Fire Department solicited responses from the neighbors and reported these to the Public Safety Committee. The Public Safety Committee recommends that the property be surplused and that the original agreement be honored. 3 . EXHIBITS: Memorandum 4 . RECOMMENDED BY: Norm Angelo Fire Chief and Public Safety Committee (3-0 in favor by Councilmembers Mann Orr & Johnson) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended *No fiscal impact on this year ' s budget. Will impact future budgets. See summary of estimated cost. 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: None at this time, future expenditure. 7 . CITY COUNCIL ACTION: Councilmember GLY"y moves, Councilmember seconds that the West Hill Fire Station property be surplused, and that it continue to be used by the Fire Department for storage until the implementation of a plan to be proposed through the Parks Committee. DISCUSSION: ACTION• mil, C&M�CC Council Agenda Item No. 4D MEMORANDUM DECEMBER 7, 1993 TO: MAYOR DAN KELLEHER, COUNCIL PRESIDENT JUDY WOODS, COUNCILMEMBERS JIM WHITE, JON JOHNSON7 LEONA ORR, PAUL MANN, CHRISTI HOUSER, JIM BENNETT FROM: NORM ANGELO, FIRE CHIEF �� SUBJECT: DEMOLITION OF WEST HILL FIRE STATION ------------------------------------------------------------------------------------------------------------------ In 1986, during the methane gas problems on the West Hill, the settlement with the City of Seattle was reached. A part of that agreement was reached to place a neighborhood park or tot lot at the site of the old fire station at 3514 So. 252nd. The issue was recently brought back to the Public Safety Committee with a recommendation of surplusing the property and a request for direction. Public Safety requested a survey be done. The survey was taken back to Public Safety and reviewed. There was also a request for rough estimates on the potential costs for demolishing the existing structure and possible development of a park site. After reviewing the surveys and the proposed options, the Public Safety Committee recommended the issue be brought before full Council. Further, it was their recommendation that consistent with the Seattle settlement, a park plan be developed that would meet as many of the neighbor's suggestions as practical. The Parks Department felt subsequent to planning, it would be necessary to identify a source of funding within the next couple of years. At this time, the fire department is requesting surplusing the property and that they be allowed to continue to use it for storage until the plan is developed, adopted and implemented. The survey responses are as follows: 9 Be demolished and made into a tot lot. 19 Be sold and utilized as a single family residence. 12 Be demolished and made into a small, passive park. 8 Be demolished and property sold. 8 Other If a survey had two (2) options selected, our count was based on the comments and the credence given to one or the other. Memo to Mayor Kelleher and full Council December 7, 1993 Page 2 While I had hoped to present this with a simple and clear direction, it has proven itself anything but simple. The residents have made very strong points and valid issues. We need to look at the stats, however, we also need to be aware of the strength of the comments made on the surveys. I would recommend that the category of the tot lot and passive park be considered as one, giving it a 21 count. Also the category of single family residence and property sold could be considered as one category, giving it a 27 count. As you will read through the surveys, there is still significant interest in keeping with the original commitment as well as selling it for a family residence. The Fire Department is ready to recommend this property for surplus regardless of which decision Council goes with, however, there are financial implications with each category. We will be recommending that the property be surplused from Fire Department use and request direction from Council on their preferred action. The following is information regarding the estimated costs, at the 1993 cost level, for demolition, asbestos removal and the building of a park in the location of old Station 73. Asbestos Removal Estimate: $39000 - $59000 if the tile adhesive has penetrated the concrete. $ 970 - $2,500 if the tile adhesive has not penetrated. Demolition Estimate: $15,000.00 including tax Estimate Park Construction: According to Helen Wickstrom, without hiring a landscape architect, she estimates $100,000+. These are all rough figures. For example, the gentleman who gave the quote for asbestos removal stated that their company is too big for this type of job, so if solid numbers are needed at this time, we would need to get a second quote. When a decision is made to demolish the building, the fire department needs ample time to vacate the building and find storage for the items in the station. tcn ti Kent City Council Meeting Date December 7 , 1993 Category Other Business 1. SUBJECT: GROWTH MANAGEMENT SERVICE AGREEMENT - RESOLUTION 2 . SUMMARY STATEMENT: The Growth Management Act provides funding to cities and counties who are required to plan under the Act t. GMA funds are distributed to the City of Kent through King County. The proposed resolution con- stitutes the agreement between the City of Kent and King County for the distribution of 1993-1994 funds. The Operations Committee -e+44 considerdthis item on December 7 , 1993 . -No -Pl-anni-ng--Committee meeting has been scheduled_f-or-.hat---date.--- 3 . EXHIBITS: Letter from King County dated 11/15/93 , the service agreement and resolution 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: N0�_ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ _ SOURCE OF FUNDS : 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds approve Resolution No. 13qrelating to the 1993-94 Growth Management Service Agreement. DISCUSSION• ACTION: �Ltr7'f �py� GG(iVL�kkO� Council Agenda Item No. 4E King County Parks, Planning and Resources Department 1108 Smith Tower 506 Second Avenue _ _ + 7 C. Seattle,NA 98104 '` (206)296-7503 - _ _.�,.....r._—_� N b 1993 November 15, 1993 NOV 1 �1F, /CF Or- 1r`hid YOR The Honorable Dan Kelleher Mayor, City of Kent 220 Fourth Avenue South Kent, WA 98032 RE: 1-9,0294 Growth Management Act (GMA) Grant Dear Mayor Kelleher: Enclosed for your Council 's consideration and action are materials needed for receiving Washington State Department of Community Development (DCD) GMA grant funds for the 1993-94 fiscal year. King County jurisdictions have been allocated $2,557,411 by the State to assist in implementing the Growth Management Act. The materials include: Interlocal agreement (four copies) with King County for grant fund distribution; this is an updated version of the agreement which has been used for the past several years. The following are attachments to the agreement: 1. Joint Regional Strategy: the Countywide Planning Policies Work Program adopted by the Growth Management Planning Council (GMPC) outlines the Countywide efforts for the year, as required by DCD. 2. Grant Allocation Formula: the formula has been developed and recom- mended by the Liaison Group. In order to support the regional efforts undertaken in the Countywide Planning Policies Work Program, $490,000 is reserved. The Countywide allocation was derived by combining the estimated costs for: ° Supplemental Environmental Impact Statement (final )/Public Involvement $100,000 ° Summary Documentation $15,000 Fiscal Analysis $175,000 Staff support $200,000 to be allocated as follows: $70,000 to Suburban Cities; $50,000 to Seattle; $80,000 to Metropolitan King County. The Suburban Cities will be responsible for determining the fund distribution of the $70,000. The Honorable Dan Kelleher November 15, 1993 Page 2 3 taskPforcesandThe stafftachment outlines GMA subcommitteeworkhow various is brought tottheu ictional GMPC In order to get the grant funds distributed to the cities in a timely manner, we need four (4) signed interlocal agreements and two (2) copies of your city's adopting resolution/signed minutes back from you no later than December 10, 1993. Your efforts to expedite this agree- ment through your legislative branch will enable us to meet our mutual goal of early distribution of grant funds. Please send these documents to the following address: King County Planning and Community Development Division ATTN: Tom Olson, Chief, Administration and Technical Resources Section 707 Smith Tower 506 Second Avenue Seattle, WA 98104 You will receive one copy of the fully executed agreement for your files once it has been signed by King County. Thank you for your cooperation. This year's landmark achievements in Countywide growth management have been possible through the partnership of our jurisdictions. If you have any questions about the enclosed material , please contact me at 296-8631 or Jim Reid, Manager, Planning and Community Development Division, at 296-8658. Sincerely, TcLarsen Deputy Director Enclosures cc: Planning Directors City Managers Liaison Group Growth Management Planning Council Tim Hill , King County Executive King County Councilmembers ATTN: Jerry Peterson, Council Administrator Cal Hoggard, Program Director Lois Schwennesen, Director, Parks, Planning and Resources Department ATTN: Jim Reid, Manager, Planning and Community Development Division Tom Olson, Chief, Administration and Technical Resources Section I A SERVICE AGREEMENT FOR THE DISTRIBUTION AND ADMINISTRATION OF CERTAIN WASHINGTON DEPARTMENT OF COMMUNITY DEVELOPMENT GRANT FUNDS UNDER THE STATE OF WASHINGTON GROWTH MANAGEMENT ACT OF 1990 THIS AGREEMENT, signed this day of 199 by and between King County and the City/Town of ("the Municipal Jurisdiction"). WHEREAS, the Washington State Legislature passed the Growth Management Act of 1990 and 1991 (Chapter 17), hereinafter referred to as "the Act," which requires all jurisdictions in the County of King to prepare comprehensive plans consistent with new guidelines; and WHEREAS, the Act requires that jurisdictions prepare these plans in cooperation with neighboring units of general government; and WHEREAS, the State of Washington through the adoption and administration of the Act will make funds available to local jurisdictions through the State of Washington Department of Community Development, hereinafter referred to as DCD, for expenditure during the 1993-1995 funding years; and WHEREAS, the Act directs DCD to establish funding levels for planning and technical assistance grants for counties and cities that plan under this Act and DCD has allocated $2,557,411 to King County jurisdictions; and WHEREAS, King County and the municipal jurisdictions within King County have been designated together as a county region by DCD for the purpose of receiving DCD funds; and WHEREAS, DCD requires King County and the municipal jurisdictions within King County to develop a regional work program, hereinafter referred to as a "Joint Regional Strategy," for the 1993-1995 calendar years and beyond for implementation of the Act and for the purpose of receiving DCD funds and to designate an institutional framework to coordinate the accomplishment of the Joint Regional Strategy; and WHEREAS, DCD requires King County and the municipal jurisdictions within King County to develop an allocation formula for receipt of the DCD grant funds within the county region and designate a fiscal agent to receive and distribute DCD funds according to the approved allocation formula; and WHEREAS, DCD requires that the Joint Regional Strategy and allocation formula be approved by 60% of legislative authorities of the county and municipal jurisdictions within King County representing 75% of the total population of King County; and WHEREAS, only King County and municipal jurisdictions which have adopted the Joint Regional Strategy and have agreed to the allocation formula by resolution, motion, or ordinance will be eligible to receive DCD grant funds; and WHEREAS, in 1991, 1992 and 1993 King County and municipal jurisdictions entered into interlocal agreements for the distribution of DCD Growth Management Act grant funds which included approving Joint Regional Strategies and grant allocation formulas; and WHEREAS, the King County Liaison Group, which consists of Planning Directors, Public Works Directors and Finance Directors representing King County, the City of Seattle, and other municipal jurisdictions within King County, recommends the Countywide Planning Policies Work Program as the Joint Regional Strategy and the grant allocation formula contained herein; and WHEREAS, King County has entered into an Intergovernmental Agreement with DCD to serve as fiscal agent for the distribution of grant funds among King County and the municipal jurisdictions within King County; and WHEREAS, the King County Council through the adoption of proposed Ordinance N93776, Section 69, will appropriate DCD funds for distribution to 2 King County and the municipal jurisdictions within King County for the 1993- 1995 funding period; and WHEREAS, King County and the Municipal Jurisdiction enter into this Agreement pursuant to and in accordance with the State Interlocal Cooperation Act, RCW Chapter 39.34, for the purpose of distributing and administrating DCD funds and for the execution of activities in accordance with and under author- ity of the Act; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES HEREIN, IT IS AGREED THAT: I. GENERAL AGREEMENT King County and the Municipal Jurisdiction agree to comply with the provisions of the "Joint Regional Strategy," which is attached hereto as Attachment 1 and is incorporated herein as is fully set forth, by under- taking growth management activities, including coordination of planning efforts to achieve consistency, the development of a public participa- tion process, and undertaking other coordinated planning activities as specified in the Growth Management Act of 1990 and 1991. II. ENTITLEMENT The parties agree that the allocation of funds appropriated by the State of Washington Department of Community Development ("DCD") among King County and the municipal jurisdictions within King County shall be governed by the following provisions as outlined in the Grant Allocation Formula, which is attached hereto as Attachment 2 and is incorporated herein as is fully set forth: A. By entering this Agreement the Municipal Jurisdiction is eligible to receive a direct share, hereinafter referred to as a pass- through, of DCD funds as calculated in the Grant Allocation Formula, which is based on the following principles: 1. Of the total DCD grant to King County, $490,000 shall be reserved for Countywide efforts. 2. The pass-through shall include a minimum amount of $14,580. 3. The remainder of the funds shall be allocated on a per capita basis based on a proportional distribution of total population with King County as determined in the June 1993 estimate by the State of Washington Office of Financial Management. 4. If the Municipal Jurisdiction is partially within King County and partially within an adjacent county, it shall have its base amount adjusted based on the proportion of its population which is located in King County. B. King County shall distribute any unallocated funds in the same manner as described in paragraph II(A)(2) above or in another manner approved by King County and a minimum of nineteen (19) municipal jurisdictions within King County. Together the popula- tion of unincorporated King County and the approving municipal jurisdictions must represent 75% of the total population of King County. C. This Agreement is contingent upon the adoption of a resolution, motion, or ordinance by the Municipal Jurisdiction approving the Joint Regional Strategy and Grant Allocation Formula for DCD grant funds and of a municipal work program which outlines the Municipal Jurisdiction's implementation of the Act or the Joint Regional Strategy. 3 III. REIMBURSEMENT PROVISIONS The parties agree that King County is the designated fiscal agent for the distribution of DCD funds under the terms of this Agreement. Within ten (10) business days after receiving each quarterly warrant from DCD, King County shall issue a warrant to the Municipal Jurisdiction for an amount equal to one quarter (to the nearest dollar) of the total amount the Municipal Jurisdiction is entitled to receive according to the Grant Allocation Formula. IV. USE OF FUNDS: GENERAL PROVISIONS A. Funds provided to the Municipal Jurisdiction under this Agreement shall be used solely for activities undertaken to fulfill the requirements of the Act and to implement the Joint Regional Strategy. B. The Municipal Jurisdiction agrees to conduct the appropriate citizen participation activities as required by the Act, RCW Chapter 36.70. Such activities shall include the broad dissemina- tion of proposals and alternatives, opportunity for written comments, public meeting after effective notice, provisions for open discussion, communication programs, information services, and consideration of and response to public comments. V. ROLE OF THE KING COUNTY LIAISON GROUP The parties agree that the King County Liaison Group (Attachment 3), which consists of the planning directors, public works directors, and finance directors or their designees from King County, the City of Seattle, and other municipal jurisdictions within King County, shall serve as a joint forum for the review and recommendation of policy matters and state requirements to the legislative authorities of King County and the municipal jurisdictions within King County. The parties hereby agree that the King County Liaison Group shall prepare for DCD an annual regional progress report which describes accomplishments of the Joint Regional Strategy. VI. RESPONSIBILITIES AND POWERS OF THE MUNICIPAL JURISDICTION The Municipal Jurisdiction shall have the following responsibilities and powers: A. The Municipal Jurisdiction shall propose to its legislative authority a local work program which includes an examination of its role in recognizing and addressing regional or county-wide needs through a coordinated funding approach with King County and other municipal jurisdictions. B. The Municipal Jurisdiction shall prepare an annual progress report in accordance with the primary objectives and requirements of the Act, RCW Chapter 36.70. The Municipal Jurisdiction's annual progress report shall be sent to the Office of the Manager, King County Planning and Community Development Division, 707 Smith Tower Building, 506 Second Avenue, Seattle, Washington 98104. C. The Municipal Jurisdiction shall exercise its discretion in deter- mining the use of its pass-through funds in a manner consistent with the Act and the Joint Regional Strategy including the Munici- pal Jurisdiction's local policies. D. The Municipal Jurisdiction agrees to propose to its legislative authority activities and budgets for inclusion in the implementa- tion of the Joint Regional Strategy. E. The Municipal Jurisdiction shall send representatives to partici- pate actively in technical forums for the purpose of accomplishing the Joint Regional Strategy. 4 F. The Municipal Jurisdiction shall prepare and submit to King County for transmittal to DCD a short written description of high priority growth management work program projects upon which the Municipal Jurisdiction intends to begin work during the period between July 1, 1993 and July 1, 1994. This description shall include reference to work program projects which implement the Joint Regional Strategy. G. The Municipal Jurisdiction undertaking activities and/or projects with DCD funds distributed under this Agreement retains full civil and criminal liability as though these funds were locally gener- ated. H. The Municipal Jurisdiction shall fully comply with the State Environmental Policy Act. I. The Municipal Jurisdiction shall maintain accounts and records, including personnel, property, financial , and programmatic records, and other such records as deemed necessary, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Agreement. These records shall be maintained until June 30, 1996, unless a longer retention period is required by law. J. The Municipal Jurisdiction acknowledges that following disbursement of the first and second calendar quarters' allocation, the State Department of Community Development or King County shall, upon written notification by DCD, withhold funds from a city or town for failure to complete the procedural requirements of the Growth Management Act or upon determination of non-compliance by a Growth Planning Hearings Board; jurisdictions missing deadlines during the agreement period will be limited to one further calendar quarter's allocation prior to withholding. K. The Municipal Jurisdiction agrees to mail a sufficient number of copies of completed documents to State agencies. DCD shall provide a mailing list for this purpose. VII. RESPONSIBILITIES AND POWERS OF KING COUNTY King County, by and through its employees, agents, and representatives, agrees to: A. Obtain and present to the King County Liaison Group all applicable State and DCD policy guidelines, special conditions, and format requirements related to the implementation of the Joint Regional Strategy and related to the administration of the grant funds distributed pursuant to the Act, RCW Chapter 36.70. B. Prepare and present to DCD the annual progress report regarding the implementation of the Joint Regional Strategy as required by DCD pursuant to the Act, RCW Chapter 36.70. C. Identify supplemental sources of funding to increase the ability of King County and the municipal jurisdictions within King County to carry out effective growth management activities. D. Prepare reports, organize meetings and technical forums/work groups as needed for the King County Liaison Group to assist in the implementation of the Joint Regional Strategy. VIII. GENERAL TERMS A. This Agreement for the 1993-1995 fund distribution shall be effective July 1, 1993 through December 31, 1994. The parties acknowledge that some jurisdictions will still be working on comprehensive plans beyond 1994 and that commitment to complete these plans does not terminate with this agreement. The parties agree to use their best efforts to work with DCD to secure 5 additional funding beyond the 1993-1995 funding period and to execute subsequent agreements. B. The King County Council through the adoption of proposed Ordinance #93776, Section 89, will appropriate DCD funds for distribution to King County and the municipal jurisdictions within King County for the 1993-1995 funding period. C. It is recognized that amendments to this Agreement may become necessary, and such amendment shall take place only when the parties have executed a written addendum to this Agreement. IX. EVALUATION AND MONITORING A. The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review, or audit by King County so authorized or as requested by DCD during the performance of this Agreement and until June 30, 1996, unless a longer retention period is required by law. B. The Municipal Jurisdiction agrees to cooperate with any monitoring or evaluation activities conducted by King County that pertain to the subject of this Agreement. The Municipal Jurisdiction agrees to allow King County, DCD, the State Auditor, and/or any of their employees, agents, or representatives to have full access to and the right to examine during normal business hours and as often as King County may deem necessary, all of the Municipal Jurisdic- tion's records with respect to all matters covered by this Agree- ment. King County and/or any of its employees, agents, or repre- sentatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all invoices, materials, payrolls, and record of matters covered by this Agreement. King County will give advance notice to the Municipal Jurisdiction in the case of fiscal audits to be conducted. C. The results and records of said evaluation shall be maintained and disclosed in accordance with RCW Chapter 42.17. X. HOLD HARMLESS A. King County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes to or on behalf of the Municipal Jurisdiction, its employees, or others by reason of this Agreement. The Municipal Jurisdiction shall protect, indemnify and save harmless King County, its officers, agents, and employees from and against any and all claims, costs, and losses whatsoever occurring or resulting from (1) the Municipal Jurisdiction's failure to pay any such compensation, wages, benefits, or taxes; and (2) the supplying to the Municipal Jurisdiction of work, services, materials, or supplies by municipal employees or others in connection with or in support of the performance of this Agree- ment. B. The Municipal Jurisdiction further agrees that it is financially responsible for and shall repay King County all indicated amounts following an audit exception which occurs due to the negligence, intentional acts or failure for any reason to comply with the terms of this Agreement by the Municipal Jurisdiction, its offi- cers, employees, agents, or representatives. This duty to repay King County shall not be diminished or extinguished by the prior termination of this Agreement pursuant to Section VIII or Section IX. C. The Municipal Jurisdiction shall protect, defend, indemnify, and save harmless King County and the State of Washington, their offi- cers, employees, and agents from any and all costs, claims, judg- ments, or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Municipal ' Jurisdiction, its officers, employees, or agents. The Municipal Jurisdiction agrees that its obligations under this subparagraph 6 extend to any claim, demand, or cause of action brought by or on behalf of any employee of the Municipal Jurisdiction against King County, its officers, agents, or employees, and includes any judg- ment, award, and cost arising therefrom, including attorney fees. King County shall protect, defend, indemnify, and save harmless the Municipal Jurisdiction, its officers, employees, and agents from any and all costs, claims, judgments, or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of King County, its officers, employees, or agents. King County agrees that its obligations under this subparagraph extend to any claim, demand, or cause of action brought by or on behalf of any employee of King County against the Municipal Juris- diction, its officers, agents, or employees, and includes any judgment, award, and cost arising therefrom, including attorney fees. Claims shall include, but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement or any copyright, patent, trademark, trade name, or otherwise results in unfair trade practice. D. The Municipal Jurisdiction shall provide King County with evidence of general liability insurance with limits of no less than $1 million per occurrence to provide coverage for claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Municipal Jurisdiction, its agents, representatives, employees, or subcon- tractors. If the Municipal Jurisdiction is self-insured for this requirement, a certification of self-insurance shall constitute compliance with this section. XI. TERMINATION A. This Agreement may be terminated without cause by King County, in whole or in part, prior to the date specified in Section VIII, upon thirty (30) days advance written notice of the termination to the Municipal Jurisdiction. B. If at any time during the term of this Agreement, either (1) the State of Washington terminates King County's DCD grant status, or otherwise acts to terminate, reduce, modify, or withhold its grant funding to King County, or (2) any necessary appropriations of funds for the Municipal Jurisdiction are not made to King County by the State of Washington, or are revoked or withheld, or (3) the King County Council does not appropriate DCD funds for distribu- tion to the Municipal Jurisdiction, then King County may terminate this Agreement upon giving twenty (20) days' written notice to the Municipal Jurisdiction. The parties acknowledge that, except as otherwise specifically provided for herein, King County shall in no event be responsible for the payment of any funds to the Munic- ipal Jurisdiction. King County, as the official fiscal agent, - shall have the authority and responsibility to ensure that upon termination of this Agreement, any remaining DCD funds are made available in the manner described in paragraph II(C) above and in accordance with state regulations, or returned to DCD. C. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms, and conditions set forth in this Agreement are breached by the other party. XII. REDUCTION OF FUNDS In the event that there is a reduction of funds by the State of Washington or DCD, and if such funds are the basis for this Agreement, then King County may unilaterally terminate all or part of this 7 Agreement, or King County and the Municipal Jurisdiction may reduce their respective scopes of work or budgets under this Agreement. XIII. SEVERABILITY In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition or application. To this end the terms and conditions of this Agreement are declared severable. X1V. RECAPTURE PROVISION A. In the event that DCD elects to recapture funds from either King County or the Municipal Jurisdiction for failure to expend grant funds in accordance with state law and/or the provisions of this Agreement, King County reserves the right to recapture such funds on behalf of DCD in an amount equivalent to the extent of noncom- pliance. B. Such right of recapture shall exist for a period not to exceed three (3) years following termination of this Agreement. Repay- ment by the Municipal Jurisdiction of such funds under this recap- ture provision shall occur within thirty (30) days of demand. Funds recaptured by King County shall be returned to DCD. In the event that King County is required to institute legal proceedings to enforce the recapture provision, or is required to participate in legal proceedings as a result of the Municipal Jurisdiction's noncompliance with the provisions of this Agreement, or is required to reimburse the State of Washington for the cost of legal proceedings, then King County shall be entitled to reim- bursement of its costs from the Municipal Jurisdiction, including reasonable attorney's fees. XV. NONDISCRIMINATION There shall be no discrimination against any employee or independent contractor paid by any funds which are the subject of this Agreement or against any applicant for such employment because of race, religion, color, sex, age, sexual orientation, handicap, or national origin. This provision shall include, but not be limited to the following: employ- ment, upgrading, demotion, transfer, recruitment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selec- tion for training. The Municipal Jurisdiction and any independent contractor paid by funds which are the subject of this Agreement shall comply with the require- ments of Section 504 of the Rehabilitation Act of 1973, as amended. XVI. RIGHTS TO OTHER PARTIES It is understood and agreed that this Agreement is solely for the bene- fit of the parties hereto and conveys no right to any other party. XVII. GOVERNING LAW AND FILING This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Washington. This Agreement shall be filed with the city clerk of the Municipal Jurisdiction, the King County Records and Elec- tion Division, and the State of Washington Department of Community Development. 8 XVIII. ADMINISTRATION A. King County's representative shall be Address: --- Phone: B. The Municipal Jurisdiction's representative shall be Address: Phone: XIX. ENTIRE AGREEMENT/WAIVER OF DEFAULT The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorpo- rated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by King County, which shall be attached to the original Agreement. KING COUNTY, WASHINGTON MUNICIPAL JURISDICTION King County Executive Signature of Designated Official Official Title City or Town APPROVED AS TO FORM: APPROVED AS TO FORM: approved as to form only by King County Prosecuting Attorney Signature per memorandum dated II/4/93 Official Title c\ords\agent ATTACHMENT 1 COUNTYWIDE PLANNING POLICIES PHASE II WORK PROGRAM TASK DATE A. COUNTYWIDE PLANNING POLICIES: OVERVIEW Countywide Planning Policies Adopted 7/6192 Policy Refinements 7/93 — 3/94 (housing,economic development, rural) B. FIS/ED TASK FORCE Draft Economic Development Policies — Completed 5117/93 Final Draft Economiq pevelopment Policies — Completed 7/6/93 4/1194 Rework EDP's Subsequent to DEIS 4/94 — 6/94 Draft Case Studies 7/7/93 Refine Case Studies 9193 Draft ED Policies Benchmarks/Indicators 10/19/93 Final ED Policies Benchmarks/Indicators 11/2193 Refine Benchmarks post DEIS Draft Regional Finance Strategy Defined 9/7/93 Refine Finance Strategy post draft Comprehensive Flan Review Policy Model — Phase I Completed 11/29/93 Marginal Cost Study Developed 11/16/93 Infrastructure Pricing and Values Study Prepared 4/4194 Final Report — Draft 5/94 Final Report — Final 5/17/94 C. RURAL CHARACTER TASK FORCE Policy Refinements 5/93 D. AFFORDABLE HOUSING TASK FORCE Implementation Actions Report 10/1/93 Convene Exsiting Needs Task Force 10/1/93 Ratify Refined Countywide Housing Policies 4/94 E. TRANPORTATION CAUCUS Level—of—Service 6111/93 ISTEA 8/10/93 Concurrency 11/9/93 Transportation Dements and Plans 10/12/93 Draft MulticountyTransportation Policies 10/12/93 RTP — GMA Link 11/9/93 TD M/CTR 11/9193 Impact Fees 5/94 F. Supplemental Environmental Impact Statement Task Force Work Analyzed 7!93 Impact Analysis 8/93 SEIS Advisory Committee Review 10/93 Draft SEIS completed 11/22/93 SEIS Public Involvement Workshops 11/12/93 End of Comment Period 12193 Preferred Attemative/Phase II Countywide Planning Policies 01/94 Impact Analysis Preferred Attemative 02/94 Final SETS 3-4/94 POPULATION/EMPLOYMENT TARGETS Draft Geographic Distribution by Attemative 6116/93 Formal Geographic Distribution by Alternative 811/93 Refinements of Draft Target for Uninc. Ping. Areas 8/15/93 Targets due in from jurisdictions 10193 Refinements of Draft Target for Cities Winter'93 BENCHMARKS AND MONITORING Identify/Establish Public—Private Advisory Group 8/15/94 Identify Benchmarks Required by CPP 10/31/94 Identify Benchmarks/Indicators for Economic 12193 Performance and Employment within the Region Develop Baseline Data/Maps for Required 12194 Benchmarks POTENTIAL ANNEXATION AREAS ID conflicts, overlaps of city PAA's 10/15/93 ID KC issues regarding PAA's 10/15/93 Initiate public process on PAA's 10/15/94 Facilitate PAA Subcommittee bi—monthly Conduct Public Involvement Process for PAA's 11/15/93 Responsibility for Provision of Urban Services 1/15/94 PAA's adopt in jurisdiction Comp. Plans 7/94 Initiate KC/Cities discussion on Dev. Regs. 7/15/94 and intenocals Finalize PAA designations and boundary intenocals 9115/94 PLAN LEVEL CO NCU RR ENCY Definition 11/93 Policies 1/94 ID Facility Service Levels 2/94 ID/Measure Interjurisdictional Impacts 3/94 SEWER AND WATER WORK GROUPS Ongoing discussion of LOS and coordination with Concurrency Work Group RURAL CITY UGA Public Workshops 6/93 — 7/93 UGA's preliminary report 9/93 UGA Final Staff Report 10/93 Liaison Group Review 11193 GMPC review 11193 County Council Review 12/93 Interlocal Agreements re: Boundary Issues 1 2193 — 7194 PUBLIC INVOLVEMENT STRATEGY 8/93 — 4/94 RFP Developed 6/94 RFP Issued 8/30/93 Public Involvement Strategy Approved 10/93 nm/link-4/10-14-93 Growth Management Act Grant, 1993-95 Allocations to King County Jurisdictions .ing County-countywide allo"tio❑ $2,557,411 Base $14,580 Amount reserved for countywide efforts ' (5490,000) Amount for distribution among jurisdictions 52,067,411 11/09/93 twk C:GMA94GRT 1993 Grant$$ Grant$$ Difference Jurisdiction Population Percent Base Per Capita in 1994 in 1993 1993-1994 Algona 1;895 0.1247o $14,580 1,899 516,479 $11,113 $5,366 Auburn 34,550 2.18% $14,550 34,620 49,200 30,604 $18,592 Beaux Arts 28S 0.02% 514,580 286 14866 10,172 54,694 Bellevue 89,710 5.65% $14,580 89,893 104,473 63284 541,189 B1ackDiamond 1,575 MO%a $14,580 1,578 16,158 10,914 55,244 Bothell** 13,050 0.82`o 57,770 13,07 20,846 17.412 $3,434 Buricn 27;672 1.74% $14,580 27,668 _... 42,248 32,983 59,265 Carnation 1,360 0 09% $14,580 1,363 15,943 10,768 55,175 Clyde Hill 2,990 0.19% 514,580 2.996 17,576 11,793 55,783 Des Moines 19,460 1.235ro $14,580 19,500 34,080 20,930 S13,150 Duvall 3;200 0.20% ' $14,580 3,207 17,.78. 11,8W $5,9O7 Enumclaw 9,205 0.58% 514,580 9,224 23,804 15,269 $8,535 Federal Way; 75,320 4_74% $14,590 75,474 90,054 53,521j 536,533 hunts Point 502 0.03% $14,580 503 15,083 10,310 54,773 Issaquah 8326 0.52% $14,580 8,343 22,923 14,919 $8,005' Kent 41,0901. 2.59% $14,580 41,174 55,754 34,242 521.512 King Countyg 511,618 32.22% $14,590 512.661 527,241 307,380; 5219,861 Kirkland 41,700 2.63% 514,580 41,785 56.365 34,897 521,468 tc, ForestPark 3,405 021% 514,580 3,412 1799? 12.126 $5,866 ,dina 3,000 0.19io S14.580 3,006 17,586 11,793 55,793 Mercer7slanH 21;260 1.34% $14,580 21,303 35,SM 22,758; 513,125 Mt1[on'• 760 0.05% 52,143 762 2,905 1,698 51,207 Normandy Park 6,890 0.43% $14,580 6,904 21,484 14,126< $7,358 North Bend 2,620 0.17% 514.550 2,625 17,205 11.5-10 $5,635 Pacific'' 5;160 032% <514,58O 5,171 19,751 _. 13,035 56,716'. Redmond 40,170 2.53% $14,580 40,252 54,832 33,484 521,348 Renton 43,476 2.74% 514,58O 43,559 58,139 35,920;, SM;219 ScaTac 22.840 1.44% 514,580 22,88, 37,467 23.733 513,734 Seattle 527,700 3324% $14.580 _528,776 543,356 323,999" $219357 Skykomish 250 0.02% 514,580 251 14,831 10.159 54,677 Snogualmie 1,545 0,10% 514,580 1,548 16128 10920 55208 Tukwila 14.810 0.935o 514,580 14,840 29,420 18.812 510,608 Woodinville 9,407 0.59% 514,580 '9.426 24,006 14,933;, {$9,073 Yarrow Point 965 0.06% 514,580 967 15,547 10,580 54,967 Countywide Funds 490.000 482,000 ` $8.000 . Total 1.587300 5476.473 51.59O.938 S2S57.411 51.754.040 S803371 Grant Distribution if Allocated b Caucus King County 511,618 32.22% 14,580 512,661 527,241 307,380 5219,861 Seattle 527.700 33.24% 514,58O 523,776 543.356 323,999 't S219357 Suburban 548,382 34.54% $447313 549.500 996,813 640,661 5356,152 Countywide Funds 490.000 482,000 S8.OW Total L567.70O 100% 5476.473 L590.938 2,557.411 1.754,040 S803371 '' rvwide allocaion(S49J.000 tctal):Fiscal analysis(5175,000),SEIS and Public Inwlvement(5100000),Envirwtnc taLFucal Summary Document(SI5,000),Staff Work(S?00,000) .e MQ000 reserved for Staff Work is to be distributed as follows:Metropolitan King County-580,000,Suburban Citia-570,000,CPv of Searle-550.000. Bothell(53.29<,)aid Milton(14.70%)receive a Froportionae share of the base amount,based on the portion of population in King County, NOTE: Costs to be billed per mums in 1994 include mc=g space and refreshments,and pru2ing costs. LIAISON GROUP RECOMMENDED: 10-18-93/NMJGRNTSMRY GMA GRANT, 1994 ALLOCATIONS TO KING COUNTY JURISDICTIONS Scenario Base Distribution Off—The-To A 1 $14 580 Per Capita $490,000 * Base = 1993 base ($10,000) * GMA grant increase from 1993 to 1994 (45.8%) Countywide ("off-the-top")Summary: $490,000 1992-93 "off—the—IOPL Fiscal Analysis $175,000 Fiscal Analysis $60000 SEIS (final)/Publiclnvoly. $100,000 SEIS (final) $182,000. Summary Doc. $15,000 Summary Doc. $0 Staff Work $200,000 Public Involv. $40,000 Staff Work $200,000 Countywide "off—the=to " Objectives: Fiscal Analysis 1993 Countv Funds were allocated to Marginal Cost Analysis,and Policy Model Analysis; 1994 funds are designated for Infrastructure Costing and Values study; Money will not be allocated until scope of work is approved by GMPC. SEIS (final) Respond to DEIS comments,analyze preferred alternative,prepare FSEIS,printing. Summary Doc. Consultant contract and printing of a summary document that ties together key fiscal and environmental issues in a concise package for decisionmakers. Public Involv. Public outreach for completion of Phase II of the Countywide Planning Policies, including workshops,mailings and outreach assistance. Staff Work For work on GMPC Task Forces,Liaison Group and GMPC. Note: Staff Work funding to be distributed as follows: $80,000 Metropolitan King County; $70,000 Suburban Cities; $50,000 City of Seattle. ATTACHMENT 3 PROPOSED GMA PROCESS GMPC FLiaison Group (Open) GMPC Staff ............................... ............................... Affordable Rural FIs/Ed SETS Staff Housing Character Task Force Advisory Wow Task Force Task Force Group Groups Affordable Regional Housing Financing Work Group Work Group Transportation Potential L n Centj Suer Work Group/ An��on lea ConcurreoU Water ulationWork Group Level of�ervice Area Technical Work Group Work Group pbvmeSub-Group Subt��ee Fottnn ommi LIAISON GROUP. GMPC Staff: Open participatim with core group including Metro and PSRC Designated by Cancoses Balance of disciplines,cities, FUNCTION'S&RESPONSIBILITIES: geographical perspectives encouraged Provide bistuiral pe specti a and dscipimary balance in Agendas set by GMPC Staff Team GMPC proem �and After liaison Group review,coordinate products of staff Work ��idie i ew re nary farm for Groups and Task Forces,coordinate schedules and information mun information and policy disctlt9on e with and between Task Faces and Work Groups. Develop recamm ndatiom and alternatives for GMPC review and actin Coordinate work of Task Forces with GMPC schedules. - _ GNHI C Staff I.eed - Review Task Force reco—endatioas and provide_a h+ _ - Larsen _, =u= additional input in GMPC as approp-tale on compatibility of recommendations and impacts an fomfywide Piaoumg Ed Policies 77- h _ +Y-� - �- Ikid'erected OfCiriaLs and emcee timely advice to cages e� I ones"rnoad7.:c x .Seattle $t'.eti A'fd'M 425, GMPC ivi S fA�ylf aaa byHfC�C-2 _ -SSonld]!f►Eamt!i�laaM o/nateresk c 3 ..wIPCSta$3:eadRahC .,,T _ __ - s-Coar b>ptweta.ra�ses _ _ - ._.. _-Fak31itatorofI.rauodGvo iaiidGtOC Stiff Tee Prepares agendas for liatsae Group,GM?C Staff Team and GMPC tint r s(alftoGWC- -Fasgrd mtporrty and nemor,ry or"ans RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, relating to the Growth Management Act funds disbursed by the State Department of Community Development to King county as pass through funds to the City of Kent. WHEREAS, the Growth Management Act (hereinafter the "Act") requires, among other things, that all jurisdictions in King County prepare comprehensive plans in accordance with the Act ' s provisions and that the jurisdictions ' plans be consistent; and WHEREAS, funds were appropriated by the Legislature to assist local governments in the implementation of the Act; and WHEREAS, in the allocation of these funds, the Washington State Department of Community Development ("DCD") has in turn, allocated $2 , 557 , 411. 00 in 1994 to assist in implementing the Growth Management Act; and WHEREAS, DCD has required, as a condition to receiving grant funds, the development of a "Joint Regional Strategy" work program and grant fund allocation formula that must be approved by sixty percent of all County jurisdictions, which jurisdictions must comprise seventy-five percent of the County' s population; and WHEREAS, in order to receive prior grant funds made available through DCD under the Act, the City is required to approve all necessary elements under the Act and approve and execute an Interlocal Agreement with King County for the distribution of those funds; and WHEREAS, in order to receive the $59 , 754 . 00 allocated to the City of Kent for 1994 , the City must approve another Interlocal Agreement with King County regarding the distribution of the funds and accept the grant distribution formula and Joint Regional Strategy as recommended by the King County Liaison Group (an interjurisdictional group of planning, public works and finance officials) ; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City agrees that, in order to be eligible for 1994 Act funds, it shall perform the following tasks: A. Authorize the Mayor to sign the Interlocal Agreement with King County regarding the distribution of 1994 Act grant funds, in substantially the same form as "A Service Agreement for the Distribution and Administration of Certain Washington Department of Community Development Grant Funds Under the State of Washington Growth Management Act of 1990" (hereinafter the "Agreement") , attached hereto as Exhibit A and incorporated herein by this reference; and B. Perform the tasks specifically described in the Agreement for the continued fund disbursements and in order to comply with all applicable laws ; and C. Participate and provide information and data as requested to accomplish the 1992 Joint Regional Strategy Countywide Planning Policies Work Program (Attachment 1 to the Agreement) ; and 2 D. Accept the grant allocation formula which reserves $490, 000. 000 for region-wide efforts (Attachment 2 to the Agreement) ; and E. Designate the King County Liaison Group to coordinate the interjurisdictional work in the Joint Regional Strategy (Attachment 3 to the Agreement) ; F. Designate King County as the fiscal agent to: submit the application to DCD for 1994 Growth Management Act grant funds on behalf of participating jurisdictions ; receive DCD grant funds to municipal jurisdictions according to the approved allocation formula; and otherwise carry out its responsibilities as further described in the Agreement. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1994 . Concurred in by the Mayor of the City of Kent, this day of , 1994 . DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 3 I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of 1994 . (SEAL) BRENDA JACOBER, CITY CLERK 94GMA.RES 120293.KRB 4 1 A SERVICE AGREEMENT FOR THE DISTRIBUTION AND ADMINISTRATION OF CERTAIN WASHINGTON DEPARTMENT OF COMMUNITY DEVELOPMENT GRANT FUNDS UNDER THE STATE OF WASHINGTON GROWTH MANAGEMENT ACT OF 1990 THIS AGREEMENT, signed this _ day of 199 by and between King County and the City/Town o ("the Municipal Jurisdiction,,). WHEREAS, the Washington State Legislature passed the Growth Management Act of 1990 and 1991 (Chapter 17), hereinafter referred to as "the Act," which requires all jurisdictions in the County of King to prepare comprehensive Plans consistent with new guidelines; and WHEREAS, the Act requires that jurisdictions prepare these plans in cooperation with neighboring units of general government; and WHEREAS, the State of Washington through the adoption and administration of Washingtonl Department make dOfa Community vailable tDevelopment,shereinnafterdictionsrreferrthe ed toaas DCD, for expenditure during the 1993-19 95 funding years; and WHEREAS, the Act directs DCD to establish funding levels for planning and technical assistance grants for counties and cities that plan under this Act and DCD has allocated $2,557,411 to King County jurisdictions; and WHEREAS, King County and the municipal jurisdictions within King County have been designated together as a county region by CCD for the purpose of receiving DCD funds; and WHEES reqies King ount King CountyAto devvelopuarregionalCworky program e hereinafterureferredoto asta implementation of the Act and th municipal jrisdictins n "Joint Regional Strategy," for the 1993-1995 calendar years and beyond for and for the purpose of receiving DCD funds and to designate an institutional framework to coordinate the accomplishment of the Joint Regional Strategy; and WHERE King CountyAto devvelopuaneallocationnty and formullathe formreceiptlofuthedDCDigrantithin funds within the county region and designate a fiscal agent to receive and distribute DCD funds according to the approved allocation formula; and WHEREAS, DCD requires that the Joint Regional Strategy and allocation formula be approved by 60% of legislative authorities of the county and municipal jurisdictions within King County representing 75% of the total Population of King County; and WHEREAS, only King County and municipal jurisdictions which have adopted the Joint Regional Strategy and have agreed to the allocation formula by resolution, motion, or ordinance will be eligible to receive DCD grant funds; and WHEREAS entered into interlocal agreements9forKthe distributionuOfcDCDlGjuris rowthdictions Management Act grant funds which included approving Joint Regional Strategies and grant allocation formulas; and WHEREAS, the King County Liaison Group, which consists of Planning County,Directort City , ads, Public Works Directors and Finance Directors representing King ther County, recommendsftheattle CountywideoPlanningicip Policiesrisdi Work Program�as theKing Joint Regional Strategy and the grant allocation formula contained herein; and WHEREAS, King County has entered into an Intergovernmental Agreement with DCD to serve as fiscal agent for the distribution of grant funds among King County and the municipal jurisdictions within King County; and WHEREAS, the King County Council through the adoption of proposed Ordinance #93776, Section 89, will appropriate DCD funds for distribution to EXHIBIT A 2 King County and the municipal jurisdictions within King County for the 1993- 1995 funding period; and WHEREAS, King County and the Municipal Jurisdiction enter into this Agreement pursuant to and in accordance with the State Interlocal Cooperation Act, RCW Chapter 39.34, for the purpose of distributing and administrating DCD funds and for the execution of activities in accordance with and under author- ity of the Act; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES HEREIN, IT IS AGREED THAT: I. GENERAL AGREEMENT King County and the Municipal Jurisdiction agree to comply with the provisions of the "Joint Regional Strategy," which is attached hereto as Attachment 1 and is incorporated herein as is fully set forth, by under- taking growth management activities, including coordination of planning efforts to achieve consistency, the development of a public participa- tion process, and undertaking other coordinated planning activities as specified in the Growth Management Act of 1990 and 1991. 11. ENTITLEMENT The parties agree that the allocation of funds appropriated by the State of Washington Department of Community Development ("DCD") among King County and the municipal jurisdictions within King County shall be governed by the following provisions as outlined in the Grant Allocation Formula, which is attached hereto as Attachment 2 and is incorporated herein as is fully set forth: A. By entering this Agreement the Municipal Jurisdiction is eligible to receive a direct share, hereinafter referred to as a pass- through, of DCD funds as calculated in the Grant Allocation Formula, which is based on the following principles: 1. Of the total DCD grant to King County, $490,000 shall be reserved for Countywide efforts. 2. The pass-through shall include a minimum amount of $14,580. 3. The remainder of the funds shall be allocated on a per capita basis based on a proportional distribution of total population with King County as determined in the June 1993 estimate by the State of Washington Office of Financial Management. 4. If the Municipal Jurisdiction is partially within King County and partially within an adjacent county, it shall have its base amount adjusted based on the proportion of its population which is located in King County. B. King County shall distribute any unallocated funds in the same manner as described in paragraph II(A)(2) above or in another manner approved by King County and a minimum of nineteen (19) municipal jurisdictions within King County. Together the popula- tion of unincorporated King County and the approving municipal jurisdictions must represent 751. of the total population of King County. C. This Agreement is contingent upon the adoption of a resolution, motion, or ordinance by the Municipal Jurisdiction approving the Joint Regional Strategy and Grant Allocation Formula for DCD grant funds and of a municipal work program which outlines the Municipal Jurisdiction's implementation of the Act or the Joint Regional Strategy. 3 III. REIMBURSEMENT PROVISIONS The parties agree that King County is the designated fiscal agent for the distribution of DCO funds under the terms of this Agreement. Within ten (10) business days after receiving each quarterly warrant from DCD, King County shall issue a warrant to the Municipal Jurisdiction for an amount equal to one quarter (to the nearest dollar) of the total amount the Municipal Jurisdiction is entitled to receive according to the Grant Allocation Formula. IV. USE OF FUNDS: GENERAL PROVISIONS A. Funds provided to the Municipal Jurisdiction under this Agreement shall be used solely for activities undertaken to fulfill the requirements of the Act and to implement the Joint Regional Strategy. B. The Municipal Jurisdiction agrees to conduct the appropriate citizen participation activities as required by the Act, RCW Chapter 36.70. Such activities shall include the broad dissemina- tion of proposals and alternatives, opportunity for written comments, public meeting after effective notice, provisions for open discussion, communication programs, information services, and consideration of and response to public comments. V. ROLE OF THE KING COUNTY LIAISON GROUP The parties agree that the King County Liaison Group (Attachment 3), which consists of the planning directors, public works directors, and finance directors or their designees from King County, the City of Seattle, and other municipal jurisdictions within King County, shall serve as a joint forum for the review and recommendation of policy matters and state requirements to the legislative authorities of King County and the municipal jurisdictions within King County. The parties hereby agree that the King County Liaison Group shall prepare for DCD an annual regional progress report which describes accomplishments of the Joint Regional Strategy. VI. RESPONSIBILITIES AND POWERS OF THE MUNICIPAL JURISDICTION The Municipal Jurisdiction shall have the following responsibilities and powers: A. The Municipal Jurisdiction shall propose to its legislative authority a local work program which includes an examination of its role in recognizing and addressing regional or county-wide needs through a coordinated funding approach with King County and other municipal jurisdictions. B. The Municipal Jurisdiction shall prepare an annual progress report in accordance with the primary objectives and requirements of the Act, RCW Chapter 36.70. The Municipal Jurisdiction's annual progress report shall be sent to the Office of the Manager, King County Planning and Community Development Division, 707 Smith Tower Building, 506 Second Avenue, Seattle, Washington 93104. C. The Municipal Jurisdiction shall exercise its discretion in deter- mining the use of its pass-through funds in a manner consistent with the Act and the Joint Regional Strategy including the Munici- pal Jurisdiction's local policies. D. The Municipal Jurisdiction agrees to propose to its legislative authority activities and budgets for inclusion in the implementa- tion of the Joint Regional Strategy. E. The Municipal Jurisdiction shall send representatives to partici- pate actively in technical forums for the purpose of accomplishing the Joint Regional Strategy. 4 F. The Municipal Jurisdiction shall prepare and submit to King County for transmittal to DCD a short written description of high priority growth management work program projects upon which the Municipal Jurisdiction intends to begin work during the period between July 1, 1993 and July 1, 1994. This description shall include reference to work program projects which implement the Joint Regional Strategy. G. The Municipal Jurisdiction undertaking activities and/or projects with DCD funds distributed under this Agreement retains full civil and criminal liability as though these funds were locally gener- ated. H. The Municipal Jurisdiction shall fully comply with the State Environmental Policy Act. I. The Municipal Jurisdiction shall maintain accounts and records, including personnel, property, financial , and programmatic records, and other such records as deemed necessary, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Agreement. These records shall be maintained until June 30, 1996, unless a longer retention period is required by law. J. The Municipal Jurisdiction acknowledges that following disbursement of the first and second calendar quarters' allocation, the State Department of Community Development or King County shall , upon written notification by DCD, withhold funds from a city or town for failure to complete the procedural requirements of the Growth Management Act or upon determination of non-compliance by a Growth Planning Hearings Board; jurisdictions missing deadlines during the agreement period will be limited to one further calendar quarter's allocation prior to withholding. K. The Municipal Jurisdiction agrees to mail a sufficient number of copies of completed documents to State agencies. DCD shall provide a mailing list for this purpose. VII. RESPONSIBILITIES AND POWERS OF KING COUNTY King County, by and through its employees, agents, and representatives, agrees to: A. Obtain and present to the King County Liaison Group all applicable State and DCD policy guidelines, special conditions, and format requirements related to the implementation of the Joint Regional Strategy and related to the administration of the grant funds distributed pursuant to the Act, RCW Chapter 36.70. B. Prepare and present to DCD the annual progress report regarding the implementation of the Joint Regional Strategy as required by DCD pursuant to the Act, RCW Chapter 36.70. C. Identify supplemental sources of funding to increase the ability of King County and the municipal jurisdictions within King County to carry out effective growth management activities. D. Prepare reports, organize meetings and technical forums/work groups as needed for the King County Liaison Group to assist in the implementation of the Joint Regional Strategy. VIII. GENERAL TERMS A. This Agreement for the 1993-1995 fund distribution shall be effective July 1, 1993 through December 31, 1994. The parties acknowledge that some jurisdictions will still be working on comprehensive plans beyond 1994 and that commitment to complete these plans does not terminate with this agreement. The parties agree to use their best efforts to work with DCD to secure 5 additional funding beyond the 1993-1995 funding period and to execute subsequent agreements. B. The King County Council through the adoption of proposed Ordinance #93776, Section 89, will appropriate DCD funds for distribution to King County and the municipal jurisdictions within King County for the 1993-1995 funding period. C. It is recognized that amendments to this Agreement may become necessary, and such amendment shall take place only when the parties have executed a written addendum to this Agreement. IX. EVALUATION AND MONITORING A. The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review, or audit by King County so authorized or as requested by DCD during the performance of this Agreement and until June 30, 1996, unless a longer retention period is required by law. B. The Municipal Jurisdiction agrees to cooperate with any monitoring or evaluation activities conducted by King County that pertain to the subject of this Agreement. The Municipal Jurisdiction agrees to allow King County, DCD, the State Auditor, and/or any of their employees, agents, or representatives to have full access to and the right to examine during normal business hours and as often as King County may deem necessary, all of the Municipal Jurisdic- tion's records with respect to all matters covered by this Agree- ment. King County and/or any of its employees, agents, or repre- sentatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all invoices, materials, payrolls, and record of matters covered by this Agreement. King County will give advance notice to the Municipal Jurisdiction in the case of fiscal audits to be conducted. C. The results and records of said evaluation shall be maintained and disclosed in accordance with RCW Chapter 42.17. X. HOLD HARMLESS A. King County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes to or on behalf of the Municipal Jurisdiction, its employees, or others by reason of this Agreement. The Municipal Jurisdiction shall protect, indemnify and save harmless King County, its officers, agents, and employees from and against any and all claims, costs, and losses whatsoever occurring or resulting from (1) the Municipal Jurisdiction's failure to pay any such compensation, wages, benefits, or taxes; and (2) the supplying to the Municipal Jurisdiction of work, services, materials, or supplies by municipal employees or others in connection with or in support of the performance of this Agree- ment. B. The Municipal Jurisdiction further agrees that it is financially responsible for and shall repay King County all indicated amounts following an audit exception which occurs due to the negligence, intentional acts or failure for any reason to comply with the terms of this Agreement by the Municipal Jurisdiction, its offi- cers, employees, agents, or representatives. This duty to repay King County shall not be diminished or extinguished by the prior termination of this Agreement pursuant to Section VIII or Section IX. C. The Municipal Jurisdiction shall protect, defend, indemnify, and save harmless King County and the State of Washington, their offi- cers, employees, and agents from any and all costs, claims, judg- ments, or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Municipal Jurisdiction, its officers, employees, or agents. The Municipal Jurisdiction agrees that its obligations under this subparagraph 6 extend to any claim, demand, or cause of action brought by or on behalf of any employee of the Municipal Jurisdiction against King County, its officers, agents, or employees, and includes any judg- ment, award, and cost arising therefrom, including attorney fees. King County shall protect, defend, indemnify, and save harmless the Municipal Jurisdiction, its officers, employees, and agents from any and all costs, claims, judgments, or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of King County, its officers, employees, or agents. King County agrees that its obligations under this subparagraph extend to any claim, demand, or cause of action brought by or on behalf of any employee of King County against the Municipal Juris- diction, its officers, agents, or employees, and includes any judgment, award, and cost arising therefrom, including attorney fees. Claims shall include, but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement or any copyright, patent, trademark, trade name, or otherwise results in unfair trade practice. D. The Municipal Jurisdiction shall provide King County with evidence of general liability insurance with limits of no less than SI million per occurrence to provide coverage for claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Municipal Jurisdiction, its agents, representatives, employees, or subcon- tractors. If the Municipal Jurisdiction is self-insured for this requirement, a certification of self-insurance shall constitute compliance with this section. XI. TERMINATION A. This Agreement may be terminated without cause by King County, in whole or in part, prior to the date specified in Section VIII, upon thirty (30) days advance written notice of the termination to the Municipal Jurisdiction. B. If at any time during the term of this Agreement, either (1) the State of Washington terminates King County's DCD grant status, or otherwise acts to terminate, reduce, modify, or withhold its grant funding to King County, or (2) any necessary appropriations of funds for the Municipal Jurisdiction are not made to King County by the State of Washington, or are revoked or withheld, or (3) the King County Council does not appropriate DCD funds for distribu- tion to the Municipal Jurisdiction, then King County may terminate this Agreement upon giving twenty (20) days' written notice to the Municipal Jurisdiction. The parties acknowledge that, except as otherwise specifically provided for herein, King County shall in no event be responsible for the payment of any funds to the Munic- ipal Jurisdiction. King County, as the official fiscal agent, shall have the authority and responsibility to ensure that upon termination of this Agreement, any remaining DCD funds are made available in the manner described in paragraph II(C) above and in accordance with state regulations, or returned to DCD. C. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms, and conditions set forth in this Agreement are breached by the other party. XII. REDUCTION OF FUNDS In the event that there is a reduction of funds by the State of Washington or DCD, and if such funds are the basis for this Agreement, then King County may unilaterally terminate all or part of this 7 Agreement, or King County and the Municipal Jurisdiction may reduce their respective scopes of work or budgets under this Agreement. XIII. SEVERABILITY In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition or application. To this end the terms and conditions of this Agreement are declared severable. XIV. RECAPTURE PROVISION A. In the event that DCD elects to recapture funds from either King County or the Municipal Jurisdiction for failure to expend grant funds in accordance with state law and/or the provisions of this Agreement, King County reserves the right to recapture such funds on behalf of DCD in an amount equivalent to the extent of noncom- pliance. B. Such right of recapture shall exist for a period not to exceed three (3) years following termination of this Agreement. Repay- ment by the Municipal Jurisdiction of such funds under this recap- ture provision shall occur within thirty (30) days of demand. Funds recaptured by King County shall be returned to DCD. In the event that King County is required to institute legal proceedings to enforce the recapture provision, or is required to participate in legal proceedings as a result of the Municipal Jurisdiction's noncompliance with the provisions of this Agreement, or is required to reimburse the State of Washington for the cost of legal proceedings, then King County shall be entitled to reim- bursement of its costs from the Municipal Jurisdiction, including reasonable attorney's fees. XV. NONDISCRIMINATION There shall be no discrimination against any employee or independent contractor paid by any funds which are the subject of this Agreement or against any applicant for such employment because of race, religion, color, sex, age, sexual orientation, handicap, or national origin. This provision shall include, but not be limited to the following: employ- ment, upgrading, demotion, transfer, recruitment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selec- tion for training. The Municipal Jurisdiction and any independent contractor paid by funds which are the subject of this Agreement shall comply with the require- ments of Section 504 of the Rehabilitation Act of 1973, as amended. XVI. RIGHTS TO OTHER PARTIES It is understood and agreed that this Agreement is solely for the bene- fit of the parties hereto and conveys no right to any other party. XVII. GOVERNING LAW AND FILING This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Washington. This Agreement shall be filed with the city clerk of the Municipal Jurisdiction, the King County Records and Elec- tion Division, and the State of Washington Department of Community Development. 8 XVIII. ADMINISTRATION A. King County's representative shall be — Address: ---—---- Phone: ——B. The Municipal Jurisdiction's representative shall be Address: _— Phone: — — XIX. ENTIRE AGREEMENT/WAIVER OF DEFAULT The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorpo- rated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by King County, which shall be attached to the original Agreement. KING COUNTY, WASHINGTON MUNICIPAL JURISDICTION King County Executive Signature of Desi9hated Official Official Title City or Town APPROVED AS TO FORM: APPROVED AS TO FORM: approved as to form only by King County Prosecuting Attorney Signature per memorandum dated 11/4/93 Official Title c\ords\agm[ COUNTYWIDE PLANNING POLICIES PHASE II NT i A WORK PROGRAM TASK DATE A. COUNTYWIDE PLANNING POLICIES:OVERVIEW Countywide Planning Policies Adopted 716192 Policy Refinements 7/93— 3/94 (housing,economic development,rural) B. FISIED TASK FORCE Draft Economic Development Policies — Completed 5(17/93 Final Draft Economiq,Deve lop ment Policies — Completed 7/6/93 411/94 Rework EDP's Subsequent to DEIS 41194— 6194 Draft Case Studies 7117,193 Refine Case Studies 5;93 Draft ED Policies Benchmarks/Indicators 10/19/93 Final ED Policies Benchmarks/Indicators 11i2!93 Refine Benchmarks post DEIS Draft Regional Finance Strategy Defined 9,7,93 Refine Finance Strategy post draft Comprehensive Plan Review Policy Model — Phase I Completed 11/29/93 Marginal Cost Study Developed 11/16/93 Infrastructure Pricing and Values Study Prepared 4r'4/94 Final Report — Draft 51194 Final Report — Final Si 17f94 C. RURAL CHARACTER TASK FORCE Policy Refinements 5193 D. AFFORDABLE HOUSING TASK FORCE Implementation Actions Report 10/1/93 Convene Exsiting Needs Task Force 10/1/93 Ratify Refined Countywide Housing Policies 4194 E. TRANPORTATION CAUCUS Level—of—Service 6111/93 ISTEA 8i 10/93 C oncurrency 1 1/9/93 Transportation Elements and Pans 10/12/93 Draft Multiceunty Transportation Policies 10/12/93 RTP— GMA Link 11/9/93 TD M/CTR 1119193 Impact Fees 51194 F. Supplemental Environmental Impact Statement Task Force Work Analyzed 7193 Impact Analysis 8/93 SEIS Advisory Committee Review 10/93 Draft SETS completed 11/22,t93 SEIS Public Involvement Workshops 11!12/93 End of Comment Period 1293 Preferred Attemative/Phase II Countywide Planning Policies 01/94 Impact Analysis Preferred Afternative 02/94 Final SEIS 3-4/94 G. POPULATION/EMPLOYMENiTARGETS Draft Geographic Distribution by Attemative 6/15/93 Formal Geographic Distribution by Alternative 8/l/93 Refinements of Draft Target for Uninc.Ping.Areas 8/15/93 Targets due in from jurisdictions 10,93 Refinements of Draft Target for Cities Winter'93 H. BENCHMARKS AND MONITORING Identify/Establish Public—Private Advisory Group 8/15/94 Identify Benchmarks Required by CPP 10,31,194 Identify Benchmarks/Indicators for Economic 12.93 Performance and Employment wthin the Region Develop Baseline Data/Maps for Required 12;94 Benchmarks I. POTENTIALANNEXATION AREAS ID conflicts,overlaps of city PAA's 10,115/93 ID KC issues regarding PAA's 10.15/93 Initiate public process on PAA's 10!15/94 Facilitate FAA Subcommittee bi-monthly Conduct Public Involvement Process for PAA's 11/15i93 Responsibility for Provision of Urban Services 1/1594 PAA's adopt in jurisdiction Comp.Plans 7/94 Initiate KC/Cities discussion on Dev.Regs. 7/15/94 and intedocals Finalize PAA designations and boundary intedocals 9/15194 J. PLAN LEVELCONCURRENCY Definition 11/93 Policies 1/94 ID Facility Service Levels 2194 ID/Measure Interjurisdictional Impacts 3/94 K. SEWER AND WATER WORK GROUPS Ongoing discussion of LOS and coordination with Concurrency Work Group L. RURAL CITY UGA Public Workshops 6/93—7/93 UGA's preliminary report 9193 UGA Final Staff Report IC,93 Liaison Group Review 11,93 GMPC review 11/93 County Council Review 12!93 Intedocal Agreements re:Boundary Issues 12,193 — 7194 M. PUBLIC INVOLVEMENT STRATEGY 8/93 — 4194 RFP Developed 6194 RFP Issued 8/30i93 Public Involvement Strategy Approved 10/93 nmpink-4/10-14-93 Growth Munagemcut Act Grant,1993-95 Allocations to King Cuunly 9utisdictions King County-countywide allocation S2,557,411 Base 514.580 (S190,000) Amount reserved for cou vlywidc cIIeru ' $2 U67,41I 11h19N3 Amount for distribution among jurisdicliuns twk C.GMA94GR'r Grant SS Grant ST Difference 1993 in 1993 1993-1994 lu risdiclion Ponula[ion 1'crccnt Banc 1'cr Capital m 1994 _ Algona 1,895 0.12;0 1 g99 316,479 311,113 35,31E $1J,580 3-1,620 49,2W 30608 $18,592 Auburn 3y550 2.18% $N,590 473 6J,284 14866 30,172 cays Arlo _ 54,64f 285 0.02% S14,590 2°� 1D7, SJ1,189 B cllcwc 89,710 5.65% 39893 SIJ,530 t 1D,914 $5,245 ❑lack Di amond 3,050 0.10% SIy580 1;�3 16,1_S 1 i,412 53.43i 13,050 0.32So $7,770 130,7 20,84ti _ Bothell•' 27,tiGS 42,248 32,993 Burieu 27,612 174;0 $14,550 15943 10,768 S5,1 i5 Carnation 1,36p 0.09% S14,560 1363 , 17,576 11,7932,991 Clyde Hill , 0 0.19% 514,580 Da Moines 19,460 1.23' SI4,580 19sU0 34,050 20,930 SS,71 50 55,90+ S14,580 3,207 17,7S7 11,850 Duiall 9,205 0_0% 38,535 9,205 0.58% SN,580 9,224 23,804 15,269 Enumclaw 75474 90,054 53,521 _.'.S36,533 Federal Way 75,320 474Sn 514580 S4,773 0.03% S14,580 503 15,083 10,310 Hunts Point 326 14,918 58,005 Sr26 0.52`,'0 514,580 8,373 22,9''3 Issaquah 55,7c4 34.242 S2i,512 Kent 41,090 2_59% $H,58p 41,174 King County -... 511,618 3222% S14,580 512,661 527,241 307,380 S219,861 41,78` 56365 34.897 S21,468 Kirkland 41,7W 2.6390 SI4,580 _ SS,S66 2.126 Lake Forest Park 3,405 0217, 514,580 3.4 Ld 17,9'92 11,793 SS�93 3 000 0.19So S14,580 3 00„ 17,586 Medina 683 22,753 Sli,125 1._44'0 213[YS 32, Mercer island 21,_'!A 4 514,590 52,143 7G' 2,905 4,126 S1,207 58 Milton'• 1U) U.OS So � 6,390 043% S14580 6,904 21,451 14,126 $7,3_3 Normandy Park 17:03 11,570 S5,635 North Bcnd 2,,,20 0.1'% SI4,`30 Pacific 5,160 03'% S14,580 5,1;; 19,751 33,484 -. 36,716 Redmond 40,170 2.53% S14,580 40 5:,832 33?SJ S21,378 43,559 58,139 35,920 522"19 Retain. - 43,470 2.74% 514580 2J,733 513,734 S.Tac 22340 1 J4% 51J580 .S87 37,467 543 6 323,999 9 Seattle 527,7D0 33.2.% SH,53G 5�;76 35. 3YS4,672 - 57 14,531 10,159 Skykomish 250 00-11, S14,580 1.546 16,128 10920 55,208 Snoqualmic 1,545 0-10% 514,58D Tukwila 14,870 U93% SI4,580 14,340 29,420 13,3i2 570,608 Si4 580 '9.4:6 2i,006 14,9a3 S9,073 WoodinPoi 9,407 0.O6 10,580 S4967 Yarrow Point 965 O.O6j6 314560 '767 W,547 E2,000 49U 000 482 000 $3,0W Count ide Funds -- c 746373 S,590938 S2.SSi.4il S1754.040 S6(13371 Total 1._877G0 Grant Distribution if Allocated by Caucus [Suburban. Cuunly 111,618 3'2'%- 14.550 51::,6n1 527_41 307,380 S219E61 543356 3_ 999 S219J57 tle 527,700 3334% SIy560 5'S•iO 640,6GI 5356,L'_ 544,732 3J.544•o S447}13 519,500 996,813490000 462.000 SS.000 tyw . Funds. ------ -- Total. 1587.700 100% S476973 I590933 2.$57.411 1.754.040 S913371 • Cmntywidc allxaion(5+9o.000map:Pud anayru!SL'S 0007.SEIS aM Publ'e lnwDamrrv(f1W000t EnmrmmmotYbcal S�uvmary lbcumcnl(I15,000).S.aH Wok(i'00.000) 'I1,c 53010W rezcvcd[a 4afl Work uto br dein Wicd v[olb.s:llct,opolian Km6Canty-I80,(W Sutnlban c"n-S7o 000,Cry a(Scatic-550.000. Ooihel!(SJ'Y of aid Milton 04.')090)r cc cive a[roryn,onrc aha,e of�:tc base amsurv.vucd on•J.c r^ion of p}�1..,.on,n t;��s NOTE'. Cau to b<billed pa nuvs'm 1994 include mcamS�pacr aN rc5uhmws,andRwmS rove. LIAISON GROUP RECOMMENDED: ]o-]8-93IrrnuGRNTSMRY GMA GRANT, 1994 ALLOCATIONS TO KING COUNTY JURISDICTIONS Scenario Base Distribution _Off-The-Top A.1 1 $14 580 Per Capita_____ $490,000 * Base = 1993 base ($10,000) * GMA grant increase from 1993 t:, 1994 (45.8%) Countywide('off-the-top")Summary: _ $490,000 19993 "off—the—to Fiscal Analysis $175,000 FiscalAnalysisE2—_ $60.000 SETS (final)/Publiclnvoly. $100,000 SEIS (final) $182,000 Summary Doc. F $15,000 Summary Doc. $0 Staff Work _ $200,000� Public Involv. L $40,000 Staff Work L $200,000 Countywide('off-the-top")Objectives: Fiscal Analysis 1993 County Funds were allocated to N-larginal Cost Analysis,and Policy Ntodel Analysis; 1994 funds are designated for Infrastructure Costing and Values study; Money will not be allocated until scope of wor"is approved by GN4PC. SEIS (final) Respond to DEIS comments,analyze preferred alternative,prepare FSEIS,printing. Summary Doc. Consultant contract and printing of a summar:document that des together key fiscal and environmental issues in a concise package for decisionmakers. Public Involy. Public outreach for completion of Phase 11 of the Count}wide Planning Policies, including workshops,mailings and autreuch assistance. Staff Work For work on GMPC Task Forces,Liaison Group and GMPC. Note: Staff Work funding to be distributed as follows: S80,000 Metropolitan Kino County; $70,000 Suburban Cities; $50,000 City of Seattle. ATTACHMENT 3 PROPOSED GMA PROCESS GMPC Liaison Group (Open) GMPC Staff .....................Id ........jd Affordable Rural Fis/Ed Housing Ctlancter Task Force Task Force Cask AETorttable Regional F"vring Housing Work Wort:Group Group LT;," LAZ alUrban Centers/$ewer rk Groupf eKationI -oncurT�ky Water Population&Work Group e3-ofServksArm Work Gnwp Work Group Empbyrtrerdubf�roup osranittee Subcornnittee L APSON GROUP. GNII c slam Opm pAkipatim"ah core group ochd'vrg Atctro and PSRC Designated by Cmrasas Bali of diapimes,cities, RINCTIONS&RFSPO�SIBILI'I'IFS: geogmpbkal pmpecfiTa mcouaged pride hstorico p,,pectire and d'sc4lmery bale e m Agendas set by UNINC Staff Team Afbr Iiaisrn Grmp� .coordinate prodats of staff Work Pro+ide mla'lu'idkt>md no Grmps and T"Faces,rn dhmde wb dolm mod mformafim rated;A wy fon for cscba,witb"boM Task Fore®and Work Groups. mfom m ad po6q dmomon I>evdop rerommeidaliom and aftmuti m for GMPC renew E, �yx of txT r s and actim ES ayssa^elt^ G -StaHY not ....... ' ,l a ' aS Coordinate wvk of Task Forte with GAVC srLedoda yXr GbdPC Stag Lead r`' h s«. r+"r' Review Task Fv ran®mdatioas and prmide additioml brpit to GMF as C appropri m rm ate pah'hl:ry rFy'},�c' r..d- of r ,umnmdati nd om a impacts m Camty&Naming .p.i Ai.a'L1 lF SiW Y 3 V+41 E J r0 ppIKYS POLLta's B W ciecbd arrciats and esr m tiruely advice to rauases and ta"aF'�'dR9 'S'` .pra`i'aG"lµ ar 4f T _gmg Lpod7. '+p.a Sf.A *. Mtlr'o GAfPC Noo-rohag.- � fdma]�desgrutdbyeacb aicss,au r,-``3wMbemp6m7_'r` °='3LwldreP�a AsLnce o/u+besh �;-•a - cG�SlaffI.eadltdC .'r' y .e.rl r CmmmantaJ»srera rases �,='FnaRm -lif LmoriGroopaod GNIM stiff Te® ' -ry a agmdae for Lazy®Group GN9C Staff Team,and GMPC -Panay stag[o Gb1PC ,.-Foneard msuordy aid Yopavmn = gld7jfi"i'ca[C 'f;ZNFt;AYiffs7i3si A' �N Kent City Council Meeting Date December 7 , 1993 Category Other Business 1 . SUBJECT: PUBLIC DEFENSE CONTRACT 2 . SUMMARY STATEMENT: The City contract to hire public defense legal counsel expires at the end of 1993 . The City Attorney has negotiated a new public defense contract for 1994 . f7uu—ta �i e—con-straints, the -,Cdty Attorney will provide a copy of the, _ contract, or describe the terms of the proposed agreement, at tonight ' s meeting prior to seeking Council approval. 3 . EXHIBITS: None 4 . RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc. ) 5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES X FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: to be announced at tonight ' s meeting 7 . CITY COUNCIL ACTION: L' , J Councilmember VO moves, Councilmember &M4,e seconds that the City accept the public defense contract under the terms and conditions described by and subject to final approval of the City Attorney. (e�nN� cx n.) DISCUSSION: ' rr ACTION: r�4f r a/vv(-eCV Council Agenda Item No. 4F l V �V Kent City Council Meeting U Date December 7 , 1993 Category Other Business 1. SUBJECT: MUNICIPAL COURT ADMINISTRATOR ---G0NT-1RMA'P10 - 2 . SUMMARY STATEMENT: Kathy Johnston has been selected to serve as the Municipal Court Administrator for the City of Kent. According to the City ' s ordinance establishing the Municipal Court, the person selected as Court Administrator must be confirmed by the City Council . 3 . EXHIBITS: None 4 . RECOMMENDED BY: City Attorney' s Office (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 &",zet/ seconds to confirm Kathy Johnston as the Kent Municipal Court Administrator. DISCUSSION: Yl� ACTION: � v Council Agenda Item No. 4G Kent City Council Meeting Date December 7 , 1993 Category Other Business 1. SUBJECT: MUNICIPAL COURT ORDINANCE 2 . SUMMARY STATEMENT: In passing Ordinance No. 3125 estab- lishing the Kent Municipal Court, the section pertaining to appointment of judges pro tem inadvertently was drafted in conflict with applicable State law. The proposed ordinance brings the local code into conformance with State law by giving the Mayor, and not the municipal judge, the authority to appoint judges pro tem. In order to resolve this conflict before opening date of the Kent Municipal Court, an emergency must be declared to effect immediate passage. 3 . EXHIBITS: Ordinance 4 . RECOMMENDED BY: Office of City Attorney (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ -0- SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: � Councilmember 5t-u,�.y� moves, Councilmember /ry�' �.a-0,4A­- seconds that Ordinance No. 13L�&, authorizing the Mayor to appoint judges pro tem as required by State law and declaring an emergency for the immediate passage thereof, be adopted. DISCUSSION: # ACTION: 0-✓1 c(VVW Cy Council Agenda Item No. 4H i j ORDINANCE NO. i AN ORDINANCE of the City of Kent, Washington, amending Section 2 . 34 . 080 of the Kent City Code, as enacted in Section 1 of City of Kent Ordinance No. 31251 relating to the appointment of pro tem judges and declaring an emergency therefor. WHEREAS, on June 15, 1993 , the City Council of the City of Kent, Washington, passed its Ordinance No. 3125, which established a Municipal Court for the City of Kent; and WHEREAS, Section 1 of Ordinance No. 3125, which added a new Section 2 . 34 . 080 to the Kent City Code, provided for the appointment of judges pro tem by the person then holding the Position of Municipal Judge; and WHEREAS, Section 3 . 50 . 090 of the Revised Code of Washington provides that the Mayor, and not the Municipal Judge, shall appoint judges pro tem; and WHEREAS, a conflict exists between the state enabling legislation and the City Code pertaining to the appointment of judges pro tem; and WHEREAS, as mandated by KCC Section 2 . 34 . 010 , the effective date for the establishment of the Kent Municipal Court is January 1, 1994 ; and WHEREAS, it is necessary for the immediate preservation of the public peace and safety, as well as for the support of City government and the institution of the Kent Municipal Court, that KCC Section 2 . 34 . 080 be amended to conform to existing state law 1 III prior to the effective date for the establishment of the Kent Municipal court; NOW, THEREFORE �I THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS : Section 1 . Recitals Incorporated. The foregoing recitals are by this reference incorporated herein and made a part hereof. Section 2 . Amendment. Section 2 . 34 . 080 of the Kent City Code, as enacted in Section 1 of Ordinance No. 3125, is hereby amended as follows: 2 . 34 . 080 . Judges Pro Tem - Court Commissioners. A. The Ma _-al: judge Mayor shall, in writing, appoint 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 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 7 T..,�^^ Mayor. not extend beyond the term of the appointing r 7 Mayor. B. The Municipal Judge may appoint one or more municipal court commissioners, who shall hold office g and pleasure of the ��Ar y serve at the p � t T••, e Court. 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. Section 3 . Statement of Urgency. Because the City of Kent has elected to exercise the powers of initiative and referendum, this ordinance would not typically become effective 2 i until thirty days from the time of final passage, which effective; date would occur after the effective date of the opening of the: Kent Municipal Court; therefore, it is urgently needed to make this; ordinance effective prior to the effective date of the opening of the Kent Municipal Court. Section 3 . Emergency Declared. A public emergency is declared because enactment of this Ordinance to bring Section 2 . 34 . 080 of the Kent City Code into conformity with Section 3 . 50 . 090 of the Revised Code of Washington prior to the effective date of the Kent Municipal Court is necessary for the immediate preservation of the public peace and safety and for the support of City government and the institution of the Kent Municipal Court. Section 4 . Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances . Section 5. Effective Date. This ordinance shall take effect and be in force immediately upon passage by a unanimous vote of the City Council . DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 3 II APPROVED AS TO FORM: I I ROGER A. LUBOVICH, CITY ATTORNEY I PASSED the day of , 19_ APPROVED the day of , 19_ PUBLISHED the day of 19_ 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. BRENDA JACOBER, CITY CLERK JUPROTEM.adm 4 l Y x- � Kent City Council Meeting Date December 7 , 1993 Category Other Business 1 . SUBJECT: HARVEY PRELIMINARY SUBDIVISION #SU-90-3 - ONE-YEAR EXTENSION 2 . SUMMARY STATEMENT: Mr. Hine, representing Mr. Harvey Grohs from HCE/Richard Carothers Associates, has requested a one-year extension of the Harvey Preliminary Plat #SU-90-3 . The City Council approved the preliminary subdivision on September 18 , 1990 . The preliminary plat lapses three years from the date of approval under the Kent City Code, 12 . 04 . 390 (A) . Through an oversight, HCE allowed the expiration date to lapse. The City Code provides for a one-year extension upon showing a good faith attempt to submit the final plat, which HCE has shown.; 3 . EXHIBITS: Letter dated 12/1/93 from HCE/Richard Caro�zhers Associates 4 . RECOMMENDED BY: Planning Director (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 kllvy movej, C - seconds IV approve a one-year extension of the Harvey Preliminary Subdivision #SU-93-3 to September 18 , 1994 . DISCUSSION: v"D ACTION: �'" d - YJ ftov� ca'vtkc Council Agenda Item No. 4I 1E7 H. _.c. IfIC F.G% F q 1 M HCE/Richard Carothers Assoda;es November 30, 1993 Rev. December 1, 1993 R-1 Mr. James Harris, Director City of Kent Planning Department 220 - 4th Avenue South Kent, Washington 98032-5895 FAX 1-206-859-3334 Subject: Plat of Harvey - Request for Extension Reference: City of Kent Plat No. SU-90-3 as recommended by the Hearing Examiner August 22 , 1990 and as approved,by the City Council Septmeber 18, 1990 Dear Mr. Harris: We have been informed that the preliminary approval for the subject plat has expired. It was an oversight on our part. We have been persistently processing the engineering and construction for the site infrastructure improvements, as Tom Tazuma will attest. While doing that we lost sight of the date of preliminary approval of the plat. On behalf of our client Mr. Grohs we are hereby requesting an extension to the preliminary approval . The project is under construction at the present time and we expect to be complete by next July. I trust this will receive your approval . Please call me if there are any questions. Very truly yours, HCE/Richard Carothers Associates, Ltd. Wm. H. Hine, P.E. & P. L. S. cc: Mr. Harvey Grohs WHH/gj Land Planning/Civil Engineering/Surveying/landscape Architecture Telephone (206) 627-9131 705 South Ninth, #301 Tacoma, Washington 98405 FAX (206) 627-4730 ��✓ Kent City Council Meeting Date December 7 , 1993 �j Category Other Business 1. SUBJECT: SOOS CREEK SEWER ANNEXATION 2 . SUMMARY STATEMENT: The Soos Creek Water & Sewer District is in the process of putting together a sewer annexation near the City' s Kent Springs watershed for the purpose of providing sewer service to future Kent School District facilities, as well as existing residences along the north end of Lake Sawyer. 60-S recommertied --of -rhe Public Works CommitteeAthat the City be authorized to sign as a participating petitioner in this annexation. , 3 . EXHIBITS: Proposed nnexation Map 4 . RECOMMENDED BY: Public Works Committee 2-0 (Committee, Staff, E aminer, Commission, etc. ) 5 . UNBUDGETED FISCAL PERSO EL IMPACT: NO >� YES FISCAL/PERSONNEL NOTE: R commended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember mover, Geuncitmi! [ er C9 ----secon s that the City be authorized to sign as a participating petitioner in the Soos Creek Sewer Annexation. Beil,, gat DISCUSSION: ✓� i.xiV L ACTION: Council Agenda Item No. 4J SOOS CREEK WATER & SEWER DISTRICT PROPOSED ANNEXATION 336-S T■.; �� - ■■�■�■nun■T ���— VI J-� ' i e \\ /C Tf/Y O KK/ENT � jAT R8 ED'/ It L ran / X COVINCiTON , ' WATER DISTRICT j % WELL FIELD 7 WD 88 L PROPOSED ANNEXATIONi 336-S - =� n ■■■■■u■nn 5005 CREEK WATER & SEWER DISTRICT BOUNDARY u■n■■■u■ FRANCHISE BOUNDARY KING COUNTY SSA EOUNDARY . . WATER DISTRICT 86 BOUNDARY G j�-- /3 7 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 BUDGET COMMITTEE MEETING November 15, 1993 PRESENT: Jon Johnson - Chair, Jim White, Judy Woods (came in at 3:25 p.m.), Tony McCarthy, Roger Lubovich, May Miller, Cliff Craig, Chief Angelo, Chief Crawford, Alana McIalwain, Don Wickstrom, Jim Harris, Fred Satterstrom, Kevin O'Neill, Patrice Thorell, Lin Ball, Jed Aldridge, Betsy Czark, Bill Doolittle, Don McDaniel, Barbara Simpson, Ron Forest, Jean Parietti The meeting was called to order at 3:02 p.m. by Chairman Johnson. CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT PROPOSAL Don McDaniel, Chamber of Commerce President, explained where the requested money from the 1994 Budget would be used. He noted that a large part would be used for international trade activities and expanded business opportunities for the short and long terms. He explained that regional partners are needed along with a team concept in approaching new prospective clients, relocation expansion assistance needs to be provided, coordination of efforts to retain and expand existing businesses, recruitment of new businesses and development projects, assistance for small and mid-sized companies focusing on financial and management skill training, facilitate low-cost loan pools under the Community Reinvestment Act, and joint participation in planning for new capital investments. McDaniel noted that the Chamber of Commerce is proposing that economic development become a line item expense in the City's budget and that it be funded at 2/10 of 1% which is approximately $63,000 a year. He explained that the line item, if approved, would give the City an opportunity to be more actively involved on a day-to-day basis, give the community the ability to do more long range planning, and the Chamber of Commerce wouldn't have to come to the City each year requesting money. McDaniel noted that if you look at the money that is going to be allocated to this effort, it is a good investment that provides for longer term benefits to the City in the revenues that it will receive by taxes, additional growth and development, and it will provide some stability to the people who are in the Kent Valley. EIS FOR GROWTH MANAGEMENT Kevin O'Neill of the Planning Department explained that on July 20 Council authorized the staff to proceed with a request for proposal (RFP) for the Environmental Impact Statement for the City's comprehensive plan. He noted that nine responses were received, five firms were interviewed, and that two firms were identified as finalists. He noted that the Planning Committee requested staff to identify a cost figure for the Budget Committee and that a not-to- exceed budget of $50,000 should be allocated for this project. He explained that $40,000 is presently allocated in the 1994 Capital Improvement Program budget but, due to time constraints, the consultant should be selected and begin work in 1993. O'Neill stated that staff recommends $50,000 be allocated from the 1993 Capital Improvement Program contingency fund for the Comprehensive Plan Environmental Impact Statement. He explained that it would then enable staff to complete the selection process, negotiate a contract with the consultant, and begin work in 1993. 1 WHITE MOVED approval of$50,000 from the 1993 Capital Improvement Program contingency fund for the Comprehensive Plan Environmental Impact Statement. Johnson seconded and the motion carried 2-0. HARRISON HOUSE RENTAL ASSISTANCE PROGRAM Lin Ball, Human Services Manager, and Betsy Czark, Housing Planner, were present to explain Councilmember Houser's concern regarding the Harrison House. Ball explained that Houser requested some investigation into rental assistance on two 1-bedroom units, and distributed a copy of the results from some scenarios and analysis regarding subsidized room and board. She noted that Houser is specifically asking the City allocate $5,760 in 1994 and subsequent years to pay the rent for two units at the Harrison House for very low-income residents of Kent. Ball outlined the qualifications and criteria that must be met presently at the Harrison House and noted that if Houser's proposal is accepted by the Council and approved for the 1994 budget then a need would exist to advertise and re-solicit applicants. McCarthy noted that this item is not currently included in the 1994 Budget and if the Committee requests the $5760 to be set aside, it should be added. THIRD ASSISTANT FIRE CHIEF POSITION Ron Forest, Chairman of the Civil Service Commission, explained that the Commission was petitioned by the Firefighters Union in regard to the third Assistant Fire Chief position that was eliminated. He noted that an investigation has been completed and that the determination/ suggestion of the Commission is that the Fire Department stay with 3 Assistant Fire Chiefs because training is a very important part of the Fire Department as well as the community. McCarthy explained Administration's position regarding the elimination of the 3rd Fire Chief position. He explained that the combined staffing from the two Assistant Chief positions, Fire Prevention and Training, have decreased from 26.5 to 15, and Administration felt that with the 11.5 position reductions it could be handled by one Assistant Fire Chief like it was done in 1990. Chief Angelo distributed a copy of his memo noting that the Assistant Chief in Fire Prevention has a significant number of responsibilities which are diverse and complex which include the following: continued involvement in the permit process, annual inspections, arson and fire investigations, complaint resolution, SARA Title III and disaster planning to public education. He noted that the physical presence of the Assistant Chief at the location of Fire Prevention is more essential than ever given the recent reorganization of Code Enforcement. He further noted that the role of public education is not the same as the technical and manipulative training, ongoing evaluation and coordination of training that also requires a Chief Officer over that function. He explained that the Asst. Chief in Training is responsible for more than 124 personnel in Suppression, and for complex and numerous programs including: basic firefighting; complex rescue and hazardous materials training; the Joint Apprenticeship Program; testing; evaluation and ongoing certifications required by law; and the record keeping which is behind due to lack of staff. He noted that there is an increased demand for training to meet Federal and State safety and operation requirements as well. He also noted that many senior officers and firefighters will be retiring making delivery of existing and needed programs more critical if we are to make safe and efficient use of the existing personnel while facing an increasing demand for service. He requested approval to retain and fill the position of the third Assistant Chief in order to be able to deliver critical Fire Prevention and Emergency Response services to this community. 2 CRIME FIGHTING PROPOSAL Acting Finance Director Miller explained that Councilmember Bennett had asked her to bring his proposal to the Budget Committee for consideration regarding the adding of 10 Patrol Officers and 4 vehicles in 1994 through a federal anti-crime grant and consolidation of fire equipment purchases in the capital improvement fund. She noted that four offic:,rs have been already included in the budget but that 6 more should be added along with 2 r. ore cars. She noted that his proposal is to move Fire equipment funding for 1994 to the CIP fund, deletion of funding for diversity training, and the parking garage study, with the ance of the fire bal equipment coming from the CIP ending fund balance. She explained that there are two ways to apply for the Federal Grant of which the City chose a 50-50 shared grant which is a 3 year grant and that it will go to the Public Safety Committee for a recommendation first. PROJECT LIGHTHOUSE FUNDING PROPOSAL Cheryl Fraser, Facility Manager of the Parks Department, noted that she along with the Steering Committee are present to request Project Lighthouse funding. She noted that the packet includes their 1993 budget as well as the proposed 1994 budget, and, upon the request of Council, included in the packet is a list of funding from other agencies involved in Project Lighthouse. She explained that each agency has contributed their services in the form of service delivery rather than dollars. Lt. Sue Rohr, Steering Committee and King County Anti-Gang Unit Officer, gave a brief overview of the project, the missions, the goals, and how the dollars will be spent. Upon White's question, Fraser noted that the request is for $70,254 to continue at the same level of service as currently being provided for in 1993. Woods expressed that this is a very good project and that it's important for the City to work collaboratively with the Kent School District in expanding the service. SEPTEMBER FINANCIAL REPORT Acting Finance Director Miller reviewed the summary financial report for the period ending September 30, 1993. The meeting was adjourned at 4:55 p.m. 3 PUBLIC SAFETY COMMITTEE MINUTES NOVEMBER 15, 1993 COMMITTEE MEMBERS PRESENT: Paul Mann, Chair Jon Johnson STAFF PRESENT: Tony McCarthy, Tom Brubaker, Ed Allen, Chief Crawford, Chief Angelo, Mary Berg, Jim Miller MEMBERS OF THE PUBLIC: None The meeting was called to order at 5:30 p.m. by Chairman Nlann. INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF KENT FOR 1994 FIRE DEPARTMENT INSPECTIONS Chief Angelo explained that every year the City of Kent enters into an agreement with King County for fire inspections, and that the City receives money back from the Fire District for insurance and hazardous materials. Mary Berg, Assistant Chief of Fire Prevention, stated that the only changes from last year's agreement are a couple of typographical errors, and that the benefits of the agreement are as follows: 1) the Fire Department can do a better job of inspect- ing within the Fire District; 2) the Fire Department can provide a better safety environment for citizens; and 3) the Fire Department can get into and become more familiar with the products and hazards in the different buildings so that they can be better prepared to deal with any fires which may arise. JOHNSON MOVED authorization for the Mayor to sign the interlocal agree- ment between King County and the City of Kent for 1994 fire inspections. Mann seconded and the motion carried. Orr concurred with this motion on 11/19/93 and it then carried 3-0. WORK GROUP REPORT ADDED ITEM Chief Angelo explained that a controversy was raised a few months ago concerning the 9-1-1 system and the fact that some complexes were not able to get out. He noted that a local ordinance was recently passed, and that the State has been studying the situation of which they have come back with some suggestions. Mary Berg, Assistant Chief of Fire Prevention, explained that a Work Group has been formed consisting of 12 members of which only 1 is from the Public Safety Dispatch arena and the remainder are providers of telephone services. He noted that the Group feels some technology may not be available for all existing phone systems and will not be available for a while so they are requesting all local ordinances be repealed. He stated that the City is asking for a magic black box that would display the correct address for the person requesting help, and would apply only to new systems being installed as well as systems where the building is being remodeled or upgraded. Berg expressed that he would like to see the City keep its ordinance for the systems being installed, and that he feels the technology is there. Angelo noted that this is an information item only. RFP FOR MEDICAL PHYSICALS Chief Angelo explained that in past years the City received quotes for physicals, but that recently an ordinance was passed requiring RFP's to be over a certain dollar amount. We noted that a number of physicals are done every year in which some are related to hazardous materials and some are annual physicals included in Union contracts. He also noted that RFP's were already sent out with two responses received as follows: 1) Valley Occupational Services; and 2) Virginia Mason, which quoted higher rates and required the individual to go to more than one facility for completion of the physical. Angelo stated that the recommendation from the Fire Department is to award the contract for physical exams to Valley Occupational Services for a three year period. He also noted that Human Resources pointed out under the current medical plan, Blue Cross, it may be possible to get reimbursement for part of the physicals to help offset the cost. JOHNSON MOVED authorization for the Mayor to sign a contract with Valley Occupational Services for a three year contract to do physicals, and to have this item placed on the next Council Agenda under the Consent Calendar. Mann seconded and the motion carried. Orr concurred with this motion on 11/19/93 and it then carried 3-0. WEST HILL FIRE STATION ADDED ITEM Chief Angelo explained that at the last meeting a motion was made for this property to be surplused, take it to Council on 11/16/93, and that the original agreement be honored. He noted that it was also requested estimates be gotten for demolition and the building of a park on this property of which he received several very rough estimates for removal of asbestos, demolition, and the building of a park in that area. It was agreed upon by the Committee that the informa- tion provided is sufficient, and that it would be placed on the Budget Committee meeting agenda for discussion as to whether or not to spend $120,000 on this project. PUBLIC DEFENSE CONTRACT Tom Brubaker, Assistant City Attorney, introduced Ed Allen as the new Chief Prosecutor to replace Dave Haenel who moved to Boise, Idaho. He noted that Allen will be attending, handling and giving advice, when needed, at future committee meetings. Brubaker explained that the City Attorney has run into some bumps concerning the public defense contract because of dissatisfaction with the price the current public defense contractor has provided. He noted that negotiations are continuing, but that a bid may be sought from another attomey's office. He also noted that a contract will be coming to the Committee on 12/6 and to Council on 12/7/93 for approval and effective date of January, 1994. It was so agreed. FEDERAL FUNDING OF POLICE OFFICERS ADDED ITEM Chief Crawford explained that the Federal Government Law Enforcement Initiatives allow cities of certain sizes to apply for federal grants to help fund police officers for community policing, and that about two months ago the City of Kent applied. He noted that they need to have support and commitment from the Council that the City will help fund the program at 50% before they ask the Federal Government for money. Captain Jim Miller, Support Services Department, gave a brief overview of the grant process and noted that this particular grant is known as the "Police Hiring Supplement Program". He explained that it is a three year grant and needs a 50/50 funding between the City and the Federal government or a maximum of $75,000 per officer for each year. He noted that this grant will ask to fund 4 officers full-time to be designated as a bicycle patrol unit to be divided up as seen fit. He noted that the Federal grant process is asking for an endorsement of the program and endorsement of the idea of the program. Mann and Johnson agreed to and signed the memo of endorsement for the Federal grant funds as presented to the Committee. CORRECTIONS FACILITY ESCAPE Chief Crawford gave a brief overview of steps that have been taken to regain the U.S. Marshal contract due to the recent escape of a federal prisoner at the Kent Corrections Facility. He noted that the building architecture, the roof, and the security requirements for officers at the corrections facility have been taken care of and are under control. The meeting adjourned at 6:00 p.m.