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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 11/01/1994City of Kent � Coity Council Meeting Agenda CITY OF Yt 9B4T Mayor Jim White Council Members Judy Woods, President Jim Bennett Jon Johnson Tim Clark Paul Mann Christi Houser Leona Orr November 1, 1994 Office of the City Clerk . KENT MAYOR: Jim White Jim Bennett Jon Johnson SUMMARY AGENDA KENT CITY COUNCIL MEETING November 11 1994 Council Chambers 7:00 p.m. COUNCILMEMBERS: Judy Woods, President Tim Clark Christi Houser Paul Mann Leona Orr CALL TO ORDER ROLL CALL 1. PUBLIC COMMUNICATIONS A. Introduction of Mayor's Appointees B. Employee of the Month C. Park Orchard Students Presentation D. Proclamation - Otilla K. "Tillie" Jury Day 2. PUBLIC HEARINGS A. 1995 Budget 3. CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills C. Saturday Market Contract D. Amendments to Penal Code (Prostitution Loitering and Other) - Ordinance `, ) "v�, E. Council Meeting Schedule - Ordinance F. Ramstead Annexation Zoning - Set Hearing Dates G. Metro Sewer Rate Pass Through Increase - Ordinance H. Asphalt Overlay - Budget Transfer I. Lake Fenwick Cabin Demolition - Accept as Complete J. Landing Way Street Vacation STV -94-1 - Ordinance K. Village at James Street - Bill of Sale L. Drinking Driver Task Force Appointment 4. OTHER BUSINESS A. Lexington Square Final Plat B. LID 345 - S. 218th Street Improvements - Ordinance =` 5. BIDS A. Senior Center Mini Bus LID 34(o 6.ONTINUED 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 1-800-635-9993 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) Introduction of Mayor's Appointees B) Employee of the Month C) Park Orchard Students Presentation D) Proclamation - Otill)a K. "Tillie" Jury Day ivy Y V✓ �0 Kent City Council Meeting Date November 1, 1994 Category Public Hearings 1. SUBJECT: 1995 BUDGET 2. SUMMARY STATEMENT: This date has been set for the continua- tion of the public hearing on the 1995 budget. The Mayor's preliminary budget for 1995 totals $74,604,265 of which $37,110,437 comprises the General Fund. This conservative hold -the -line budget is balanced without relying on new taxes or fees except the planned drainage utility increase which finances Capital Improvements and the annual pass-through of the Metro sewer rate increase. The public is encouraged to provide input. L` Adoption is scheduled for the November 15, 1994 Council meeting. 3. 4. 5. 3 EXHIBITS: Letters RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT: EXPENDITURE REQUIRED: SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: 7. CITY COUNCIL ACTION: NO ✓ YES Councilmember moves, Councilmember DISCUSSION: ACTION: econds Council Agenda Item No. 2A COMMUNITY HEALTH October 21, 1994 CENTERS =! The Honorable Jim White, Mayor & oFK>NccoUNTY Members of the City Council City of Kent 220 4th Avenue South Administration Kent, WA 98032 1025 So. 3rd Street Suite A Renton. WA 98055 Dear Mayor White & Members of the City Council: (306)277-1311 Community Health Centers of King County (CHCKC) Health n Center Auburn appreciates the support for basic health care that 105"A"Street S.W. your office and the city council has shown over the Aunurn.WA98001 years. Adequate primary care is essential to the (306)735-0166 healthy functioning of the individual, the family and the community at large. At Kent Community Health Health Center Bothell Communis` Center, everything is done to enable access to basic Healt 10414 Beardslee Blvd. care for low income, uninsured, homeless and other Bothell. WA 98011 medically underserved Kent residents. (206) 486-0658 Last year, Community Health Centers of King County EastsiHealth Center de Communis provided 2,830 City of Kent residents with primary Health 16315 N.E. 87th Street health care. At Kent Community Health Center, 2,438 Suite B6 individuals were provided with 6,420 medical visits. Redmond. `AA 9805' Of the total number served, 73% were below poverty, an (2°6)882-1697 additional 23% were below 200% of poverty, while 31% Federal Way Community were children. Demand for health care services is so Health Center great that Kent Community Health Center has to turn :3431 -13th P1. So. away about 300 new patients a month. Federal Way. WA 98003 Sea. (206) 296-9890 That is why Community Health Centers of King County Tac. (206) 874-7634 supports the funding recommendations of the Kent Human Kent Community Cervices Co_-itimission. Financial su,-LFj.ort Of primary Health Center care for low income city residents is one of the most 403 East Meeker Street effective means of preventing the health and social Kent, WA, 98031 dilemmas that lack of treatment can bring. When an (206)853-2866 adult is sick, he or she cannot work or care for Renton Community family members. When a youngster is ill, daycare and Health Center school frequently must send the child home. Work 149 Park Avenue N. schedules are almost always interrupted. For a low Suite income person, who may be at an entry level position Renton, WA98055 (2006) 226-5536 or may not have leave benefits, unexpected time off can threaten employment. If that person puts off TDDAccess seeking care, the length of time to heal increases South King County: dramatically and consequences worsen. (206) 852-2867 :ast King County: .... (206) 867-8926 0211 Y,1 A United Way Agency "We Care for you. All ofyou. " By approving the continued general fund support of the Kent Community Health Center, the City Council is enabling low income city residents to have access to quality health care for their entire families. Community Health Centers of King County is working hard to expand their services in Kent. Because of the support given by the City of Kent, Community Health Centers of King County now owns the land needed for expansion in Kent. Efforts are currently underway to raise the necessary funds to build -out the Kent Community Health Center. ty of Kent has will require broad based community supp appreciative. lead on this project and we are app Thank you for your consideration of the 1995 funding request and your support of the Kent Community Health Center. Sincerely, ,Jayne B. Leet Executive Director SENIOR SERVICES OF SEATTLE -KING COUNTY October 11, 1994 Volunteer The Honorable Jim White Transportation City Council Members for Seniors 220 4th Ave S. 448-5740 Kent, WA 98032 1-800-282-5815 TDD 448-5025 Dear Mayor White and City Council Members: Volunteer Transportation for Seniors, a program of Senior Services of Seattle/King County, would like to thank you for supporting the program this year and for considering our 1995 funding request. With your help we have ensured that Kent seniors are able to receive transportation to their medical and other essential appointments. Volunteer Transportation provides transportation to isolated, frail, low-income elderly in King County who are without other transportation options. The program utilizes volunteer drivers who use their own vehicles to transport seniors to their medical and other essential appointments, such as government appointments, legal proceedings, grocery shopping, and visits with spouses in nursing homes or in the hospital. We also act as an information and referral service, directing clients to other transportation resources if we cannot provide service ourselves. If clients have needs other than transportation, we refer them to Senior Information and Assistance. As part of Senior Services, we provide clients with access to all necessary support services to allow them to maintain an independent life style. Our program focuses on seniors whose physical and/or mental condition requires them to have an escort while going to appointments. Consequently, we take people with vision or hearing impairments, people who use cane or walkers, seniors who are confused, or are just too slow and frail be out alone. What makes our program unique is that our drivers not only provide transportation but act as an escort as well, accompanying the seniors to their appointments and waiting with them before taking them home again. Thus, ours is a very personalized service; besides giving seniors a ride we are also providing them with a helping hand and much-needed moral support. 1601 Second Avenue, Suite 800, Seattle, WA 98101 A United way Agency working with Seattle/King County Division on Aging Mayor Jim White City Council Members Page 2 October 21, 1994 At the end of the third quarter of 1994, Volunteer Transportation for Seniors has reached 74% of the annual performance goal set by the City of Kent for Kent clients served, and we have already exceeded our contractual goals for both mileage and One -Way trips! This year our volunteers have already transported Kent seniors over 13,000 miles. We have been of special help to seniors who need to go places where Metro's Van Service does not operate. For example, we are transporting a 91 year old woman twice a week to therapy appointments in Bellevue; just this week we took an 84 year old woman to Tacoma for eye surgery. Transportation is one of the top priority of King County seniors. Public transportation does not meet their needs. Over the last six years, from 1988 through 1993, the demand for our specialized service has increased dramatically. Our client base doubled, and our mileage increased 100%. During those same years, mileage in Kent increased 90%, from 8,402 miles driven to 15,976 miles. We anticipate that this trend will continue. Your financial support enables the Volunteer Transportation Program to continue helping with the transportation needs of Kent seniors. I want to thank you not only on behalf of the program, but on behalf of all the seniors we serve as well. Sincerely, � c� Cindy Zwart Program Director Volunteer Transportation for Seniors AdWflnistration, Adult & Older Adult Services 2704 "I" Street NE Auburn, WA 98002 (206) 854-0760 FAX: 854-0763 Child & Adolescent Services 2705 "1" Street NE Auburn, WA 98002 (206)854-0066 FAX: 854-2626 Combined Services 33301 1st Way South Federal Way, WA 98003 (206)661-6634 FAX: 661-6652 V/TTY: 735-3354 Marilyn LaCelle, Executive Director A United Way Agency Since 1967 VALLEY CITIES IDCOUNSELINGAND CONSULTATION October 30, 1994 Mayor Jim White and City Council Members City of Kent 220 4th Avenue South Kent, WA 98032 Dear Mayor White and City Council Members: Valley Cities Counseling and Consultation's Board of Directors, staff and I would like to thank you for considering the 1995 continued funding request for the Survivor's Support and Therapy Program. Funding by the City of Kent in 1994 has assisted over 40 City of Kent women traumatized by childhood sexual and physical assault to receive much needed mental health services. In actuality, by the end of the third quarter, 1994, 45 City of Kent women have been served. Services include individual and family therapy, group therapy and psychiatric evaluation and medication management. These services are in high demand for citizens of all the cities in South King County. The City of Kent is to be commended in affording its residents the opportunity to receive services many would otherwise by unable to afford. Such mental health treatment helps these women recover from the trauma of sexual and physical assault, improve their self-esteem and reduce the intergenerational effects of sexual assault and family violence. With treatment, these women can get back to more productive lives, provide more positive parenting, better protect their children from the possibility of abuse, and, in general, live a happier and better quality of life. The funding provided will help us in meeting these important goals. These services are one part of a continuum of care needed in South King County. We utilize services provided by others such as South King County Sexual Assault Resource Center, DAWN, and Kent Valley Youth Services. Valley Cities, in turn, provides services not offered by others. CC:bh(chns5/cttykc=.94) PAGE 2 i L.r Again, it is our hope to reach many more people in such need. Your contributions help. Thank you for your support in meeting the needs of your community. Sincerely, ;4; l C���? Marilyn LaCelle Executive Director Chris Coleman Counseling and Consultation Services Director :bh Kent Youth and Family Services 232 S. 2nd, Suite 201 Kent, Washington 98032 October 18, 1994 Mayor Jim White Kent City Council 220 4th Avenue South Kent, WA 98032 Dear Mayor White and Councilmembers: Thank you for your support of human services programs in the City of Kent. With funding provided by the City Council, many of these programs would be weak or, in some cases, not exist at all. Enclosed is a description of the services available through Kent Youth and Family Services. We like to divide them into four major categories: outreach to at -risk youth which includes after-school, in -school and late-night programming, teen parent support which includes Watson Manor and casework services for teenage parents living in Kent, substance abuse prevention and treatment, and family counseling to include sexual abuse treatment. The City of Kent's Heiman Services Commission is recommending funding in 1995 for three of these four program areas. We appreciate their hard work and encourage you to seriously consider approval of that recommendation. Thank you again for supporting the human services professionals in the City of Kent. We trust our work is being done to your satisfaction and is beneficial to thousands of citizens in this fine community. Sincerely, 7'Yl c c h cry 712 a t/,u.�p Michael Mathews ph Board President HMR:pjb 10 (206) 859-0300 i4 �m Hans M. Rasmussen, ACSW Executive Director FAX 859.0745 TDD 859-0699 Uk Kent Youth and Family Services 232 2nd Ave. S. • Suite 201 • Kent, Washington 95032 (206) 859-0300 Fax 859-0745 TDD 859-0699 6, A United Way Agency • KYFS IS: A private, non-profit family resource center that is committed to providing counseling and educational services to children, youth and their families. Since its creation in 1970, KYFS has been offering services that include individual, group and family counseling, education, community outreach and program development. By offering quality programs, we strive to meet the evolving challenges of our diverse community in culturally sensitive ways. YOUTH AND FAMILY COUNSELING: Counseling for children and youth who are experiencing problems such as depression, declining school performance, family conflict, divorce, running away, suicidal behavior, sexual abuse, sexual offending or illegal activity. All our regular counseling staff have Master's Degrees. SUBSTANCE ABUSE COUNSELING: Provides a wide range of services from early preventive through treatment of a significant problem. Drag/Alcohol Assessments Drug/Alcohol Awareness - provides drug and alcohol education and teaches decision making skills. Assists young people to gain understanding of their personal substance abuse risk-taking behavior. (one 2 -hour session) Outpatient Counseling - includes individual and family counseling. Youth Outpatient Program (YOP) - provides drug and alcohol treatment to substance abusing youth. (3 times per week for 3 months) Drug Free Challenge Group - for youth who are working on giving up drugs or alcohol. (weekly for 6 weeks) Recovery Group - on-going peer support for recovering youth with at least 30 days sobriety orwho have completed Inpatient or Intensive Outpatient Treatment. SEXUAL ABUSE PROGRAM: Specialized individual, family and group counseling is offered to children and adolescents who have been sexually abused. The groups, which meet weekly, are for girls ages 8-12 and 13-18, and boys ages 8-12. A comprehensive counseling program that is designed for youth who have sexually offended is also available. Those who are accepted into this program participate in individual, family and group counseling for at least a year or more. SKILL CLASSES FOR YOUTH: Anger Management - a social skill class for teenagers who have had problems related to anger. (weekly for 6 weeks) Keys to Excellence - A skill building class that teaches teens goal setting, decision making and problem solving. (one 8 hour class, taught on a Saturday) Avoiding Trouble - A skill building class that teaches teens ways of avoiding activity that may lead to illegal or inappropriate behavior. (weekly for 3 weeks) KENT OUTREACH PROGRAM: Provides referral and recreational services to children, youth and families residing at Cascade, Springwood, and Valli Kee, which are King County Housing Developments on the East Hill of }Cent. WATSON MANOR: A teen parent transitional living program helping teen mothers to become financially self-sufficient, nurturing parents and capable of living independently in the community. TEEN PARENT PROGRAM: A counseling and referral service for teen parents. It offers a weekly support group for teen moms and dads that provides a time and place to build parenting skills and self-esteem. Child care is available. KYFS AND YOU Cali us today at 859-0300 to see what services and resources our professionally trained staff has to offer you. Fees are set according to your family's income.ln some cases, clients may utilize their insurance benefits to cover the costs of counseling. No one will be turned away based on inability to pay. SOUTH KING COUNTY rt Mayor Jim White and City Council Members CHILD CARECity of Kent RESOURCES220 4th Ave. S. Kent, WA 98032-5895 841 N. CENTRAL AVENUE SUITE 126 KENT, WA 98032 Mayor Jim White and Members of the City Council: 206-852-1908 FAX: 206-852-3181 Child Care Resources (CCR) is appreciative of the support from the City of Kent. The agency was founded in the spirit of community cooperation and needs the continued support of the suburban cities. Thank you for being a funding partner since 1991. DESCRIPTION OF SERVICES The agency has 3 geographically accessible offices. The South King office offers the following services: 1. Telephone Information and Referral links parents looking for child care with child care facilities using a computerized search based on information gathered from the parents; 2. Technical Assistance provides on-site library materials and workroom equipment to help providers upgrade their child care environment as well as walk-in and telephone support on issues such as how to get started as a child care provider; 3- Training workshops are given on a variety of topics of interest to providers and parents around the county; 4. Specially funded projects help us to recruit more child care providers and help improve the immunization level of children in King County through training to licensed providers. We also offer training and assistance on creating an anti -bias program. Our agency maintains an up-to-date data base of over 2200 licensed providers in King County. The data base includes a great deal of information on each provider, including ages of children served, fee information, whether the provider accepts subsides, whether they have special training and whether they accept special needs children. We are able to use that data base to give parents referrals for care that meets their specific needs. WHY IT IS IMPORTANT TO KENT RESIDENTS Our services are important to Kent residents because an ever increasing amount of families in Kent need child care. We know that 550 of children under age nine in the state have mothers in the work force and that one in every five mothers in the work force is maintaining her own family. The number of working mothers is expected to increase. The City of Kent has a growing work force which includes an increase in the number of women working outside the home. EAST KING COUNTY EMPLOYER PARTNERSHIPS SEATTLE. .10 C -H KING COUNTY 15015 MAW STREET SUITE 206 BELLEVUE. WA 9800] 1265 SOUTH MAIN STREET- 5U -TE 210 - SEATTLE. WA 98144 1265 SOUTH MAIN S7?;:- -ITE 210 - SEATTLE WA 98144 206-865-9920 206-461-1215 206-+61-3708 Therefore, we know that there is a growing demand for child care. The City of Kent remains the highest user of our I&R ... service compared to all the South King suburban cities. When parents lack information about child care, options are limited. Without our assistance, it takes parents hundreds of hours of manual searching to find care and sometimes they are still unsuccessful. According to our data base, there are 248 licensed providers in Kent. If a parent only had access to the South King phone book, their choices would be limited. Only 28 licensed Kent providers market their services through the phone book. Child care affordability is also an issue for parents. counselors refer parents on to subsidy programs when appropriate. We also have a staff person from King County Child Care program on site who can help low income parents sign up for child care subsidy if they are eligible. Our agency works with all the relevant parties with interest in the child care system to try to make child care more affordable for parents. Our service are important to City of Kent residents because we not only help parents find care, but we improve the quality of care by providing training and technical assistance to child care providers. Every Kent child care provider may take advantage of our library, work room and conference room, attend trainings, and get answers about specific question related to working with children and running a business. Child Care Resources is appreciative of the support from the City of Kent. Human Service funds from the City purchase important child care resource and referral services for Kent residents. Your support is actually an investment in your community, for our children are our most valuable resource. Sincerely yours, nt4t4a'u ��- Nina Auerbach, Executive Director fA%I I LI ES PI RST 4339 Aubur:'VJav N P 0. Bc, 1997 AcJuc,'V,A 990'1 I:C�;5a.9?00 October 25, 1994 The Honorable James White, Mayor Ms. Judy Woods, President- Kent City Council City of Kent 220 4th Avenue So. Kent, Wa. 98032 Dear Mayor White and City Council members: III CHILDREN'S HOME SOCIETY t%,;::, I ,,r,n On behalf of Children's Home Society and the families and children we serve, I want to thank you for your past support of our Families First Program. This past year, with your assistance, we have provided Kent residents with an array of family support services to assist them in attaining their goals, increasing their self sufficiency and reducing the risks of child abuse and neglect as well as other forms of Family Violence. We have seen children reach appropriate and advanced developmental benchmarks. We have watched parents graduate from vocational training and community college programs. We have seen family relationships improve as spouses received treatment for alcohol or drug abuse, anger management classes, and family counseling. We witnessed the health status of families improve as families were encouraged to seek regular "well -baby" care for their children, prenatal care for new mothers and updated immunizations for all family members. It has been a year of growth and change. In these difficult financial times, your continued support for the children and families of our community is a beacon of hope that helps them continue to strive toward their goals. Your support continues td -help families become more self-sufficient, enhance their parenting skills, and raise healthier, more secure children who are capable of reaching their full potential. Thank you for all you have done and all you continue to do. Thank you for considering our 1995 funding request. Sincerely, Pegl razenVDirector 1 South King County Office A Unile7 Way Agency ACCREDITED A#A South King County Multi -Service Center 1200 South 336th Street Federal Way, Washington 98003-7452 (206) 838-6810 Fax: (206) 931-6308 Kent City Council 220 4th Ave. So. Kent, Wa 98032 Honorable Council Members, Helping People to Help Tbemtelve - October 19, 1994 On the behalf of the Board of the South King County Multi -Service Center, our Staff and myself, I would like to take this opportunity to thank you for your continued support of our agency. As you might know we are providing services to the people of Kent through several programs, including our Housing Services, Energy Assistance, Economic Support, Transportation (Dial -a -Ride Transportation), and Literacy. These programs provide real support to hundreds of individuals who are in need and help to stabilize, their lives. We are thankful for this partnership and look forward to our future in assisting those in need. In addition, SKCMSC provides many services to the citizens of Kent through other funding sources. We have served a variety of folks who live in nursing home and other long-term care settings through our Long -Term Care Ombudsman Program, and we provide support to women recovering from substance abuse through case management and counseling. If we can be of any service to you or any of your constituents please feel free to contact us at 206-854-4406 or 206-838-6810. Our Kent office is located at 205 1st Ave. So., in Kent. Again, thank you ford support. Sincere Kary" VL Acting c: Barbara Heavey, Board President Food/Clothing Van -Go • Long -Term Care Literacy • Financial & • Youth Suicide • Housing Protective Payee Banks Ombudsman Energy Aid Prevention . Federal Way Food Bank Kent Service Center Renton Service Center White Center / Highline Service Center 10041 Sixth Avenue S.W. 1200 South 336th Street 202 West Gowe 105 Williams Avenue South (206) 762-4044 (206) 838-3111 (206) 854-3437 1206) 226-6969 �Yi7WIwlFZ9iH�i�'i4: tiASHINGTONWOMEN'S EMPLOYAIENT & EDUCATION October 5, 1994 Mayor Jim White City Council Members City of Kent 400 West Gowe Kent, WA 98032 Dear Mayor White and Council Members: It is again our privilege to thank the City of Kent for their sustaining support of Washington Women's Employment and Education and our efforts to provide assistance to low-income Kent residents working toward self-sufficiency. Since 1982, the WWEE program has worked to help qualifying individuals to break through the barriers which stand between them and the success we know they can achieve. Then, as their paths have begun to lead toward economic independence, we have helped to provide access to opportunities for training and employment. We are proud of all of the 3500 Puget Sound residents who have graduated at WWEE and of their many extraordinary accomplishments. Yet, it is always with gratitude to those who have provided assistance to our program that we tally our achievements. In partnership with City of Kent and others we have worked together to create a better community. Thank you for your trust in the resilience of human spirit and your understanding of our responsibility to help those whose advantages number fewer than our own. z rely A�44t/z Margo Fleshman Executive Director ianne M. Brogden Development ❑ 3516 SO. 47TH STREET, SUITE 205 ♦ TACOMA, WA 98409 ♦ (206) 474-WWEE ♦ FAX (206) 474-3366 ❑ 841 N. CENTRAL AVE, SUITE 232 ♦ KENT, WA 98032 ♦ (206) 859-3718 4 FAX (206) 850-7604 two n E C E 1 V E D UC i 19 1994 OFFICE Ur 11— Nu;tOR BANK P. O. BOX 98746 • DES MOINES, WASHINGTON 98198 Serving Des Moines, SeaTac, Tukwila DES MOINES AREA Mayor Jim White City Council Members 220 4th Ave So Kent. WA 98032-5895 Dear Mayor Jim White and City Council Members: October 14, 1994 Again, we wantto express our appreciation for your support of the Des Moines Area Food Bank. What would we do without people like you, the Human Service Commissions and the City Councils? The plight of the hungry and our endeavor to feed them would be far more difficult to put it mildly. Your help and concern make us realize that there are people and cities that do care and match their feelings with financial backing in times of dire need. Receiving $3,000.00 from the City of Kent General Fund 1995 Budget will be an amount we can depend on and we appreciate this. Statistics for the nine months of 1994 include: New family units this quarter = 66 Cumulative unduplicated units distributed in 1994 = 447 tlnduplicaed & Duplicated foodbags distributed this qtr - 627 Cumulative food bags distributed in 1994 - 192; Shut in delivery this quarter - 45 On behalf of our support staff, the Board members, the volunteers, and our clients, and us, Thank you! Sincerely yours, l e2z'tl� A�1LC Carol Davis and Marilyn Orris Co -Executive Directors 206-878-2660 Served by volunteers Supported by the people of Des Moines, SeaTac, and Tukwila Monday - Wednesday - Friday 9:30-12:00am • Corner of S. 223rd St. & 9th Ave S. October 3, 1994 Sincerely, Susan H. Eastgard, M.S.W. Executive Director SHE/crl cr3:kent ,,,,,.i Dexter Avenue North, Suite 300 Seattle, Washington 98109 (206)461-3210 A United Way Agency Celebrating 30 Years of Service to the Community The Honorable Jim White �—' Kent City Council Members 220 Fourth Avenue South _ - Kent, Washington 98032-5895 Crisis Dear Mayor White and Council Members: Clinic Crisis Clinic provides telephone crisis intervention services 24 hours a day, seven days a week. Caring and concerned volunteers, trained to be good community information and listeners, help callers sort through problems and explore alternatives. Around the crisis intervention services clock, professional mental health staff provide essential support and guidance to for King County the trained volunteer. As the entry point for the publicly -funded mental health system, the Crisis Line is able to assess and link callers to emergency mental health services. Resource and referral information is available for social service agencies in Kent and throughout King County. Crisis Clinic, now in its 30th year of service, is the second oldest tele- phone crisis line in the United States. We are the only telephone crisis interven- tion service in the State of Washington certified by the American Association of Suicidology. Last year, the Crisis Line responded to over 70,000 calls for help. With 1995 funding from the City of Kent, Crisis Clinic will conduct a public awareness campaign to educate Kent citizens about our services. As well, we will engage in a targeted volunteer recruitment effort to improve our ability to respond to non -English-speaking callers. Crisis Clinic's Board of Trustees, staff and volunteers express deep appreciation for your consideration of our funding request. We are here when fear, despair, and loneliness can feel insurmountable. Thank you for allowing us the opportunity to be there for Kent households. Sincerely, Susan H. Eastgard, M.S.W. Executive Director SHE/crl cr3:kent ,,,,,.i Dexter Avenue North, Suite 300 Seattle, Washington 98109 (206)461-3210 A United Way Agency Celebrating 30 Years of Service to the Community J fiJL-�A %% r �w CATHOLIC COMMUNITY SERVICES South King County October 21, 1994 Jim White, Mayor City of Kent 220 4th Ave. S. Kent, Wa., 98032 Dear Mayor White: On behalf of Catholic Community Services and those we serve in the City of Kent, I want to thank you and the Human Service Commission for your recommended funding of our Counseling, Emergency Assistance and Cold Weather Shelter Programs, for the 1995 Fiscal Year and your continued support of our efforts to reach out to those in need. We especially value our partnership with the City and hope to continue to be a significant provider of services for the residents of Kent. If I can provide any information, or answer questions, please contact me at 854-0077. Sincerely, r Cathy Peters, Regional Director Catholic Community Services, South King County 1229 West Smith Street, P.O. Box 398, Kent, WA 98035-0398 ■ Phone: (206) 8540077 ■ WATS: 1 (800) 722-3479 ■ Fax: (206) 850-2503 In Community Service Lente r ••D • VI 525 North 01 Kent, Washington 98031 AWL 0 1(206) 859-3438 ••, October 21, 1994 City of Kent' 220 4th Avenue South Kent Washington 98032 Attention: City Council Dear Members: This is to thank you for the support the City of Kent has shown the Kent Community Service Center over the years. We continue to see a growing need for food and clothing in the area and it is only with the support of the community we are able to continue. Through September of 1994 we have served 7,986 families with food and 3,723 families with clothing. This has shown approximately a one percent increase over the same period of 1993. Thank you for your support in the past and continued support in the future. Sincerely, - Mary Lou Becvar, Executive Director Domestic Abuse October 14, 1994 Women's Network Serving South King County Referral/ Shelter Mayor Jim White and Advocacy City of Kent Council Members Counseling City of Kent 220 4th Avenue South P.O. sox 1521 Kent WA 98032 Kent, WA 98035 Office: 656-4305 Dear Mayor White and City of Kent Council Members: Advocacy We would like to take this opportunity to extend our thanks to the Kent City 656-8423 Council for supporting services to victims of domestic violence in 1994. 24 Hour Help As of September 30th, DAWN has served 119 families from the City of 656 -STOP (7867) Kent through our Community Advocacy Program and confidential Shelter. 65 Kent residents have been helped by our Legal Advocacy Program. We have seen 226 attendees from the City of Kent through our Support Group Program and we have provided free child care during the support group for their 200 children. City of Kent funding has also provided for community education and outreach activities, to the schools, employment programs, and a with variety of professionals in the social service and health care fields. DAWN continues to put the highest priority on the safety of the women and children that we serve. Every intake includes discussion of how each woman and child can create a safety plan for themselves_ Thank you for your continuing support of services to victims of domestic violence. Sincerely, Linda Rasmussen Executive Director I 1&* Pregnancy gid Mayor Jim White Kent City Council Members 220 4th Avenue Kent, Washington 98032 Dear City Council Members; October 18, 1994 All of us that staff the Pregnancy Aid Office in Kent, wish to thank you for the privilege of serving the people of Kent through our shelter program. Without your support and faith in the program that we--- operate with City of Kent funding, we would be unable to offer shelter to women who are pregnant and have no other shelter avaliable to them. I feel personally thankful that you have chosen to supprt this effort because I know that there are so many needy projects that need funding. The women who come to us for shelter sometimes have no where else to turn. Our shelter program is small, we only rent a studio apartment, but we know the need is great and are happy to be able to help at least that much. Often we have four or five requests for shelter and sometimes wren have to wait several weeks before our apartment becomes avaliable. Our goal for this year is to house at least eight women with a least 265 bed -nights. Through the third quarter of this year, we have g lready housed seven ween for a total of 307 bed- nights. We often keep a client in our shelter for longer than other shelters because there are very little resources for her. Her intone may be only $349.00, hardly enough to rent an apartment and there are no other shelters that will house her until she has the baby. The $5,000.00 that we have been awarded by the Hunan Services commission and with your approval we will be granted in the 1995 General Fund Budget, will be used mostly for the rent of the apartment and the utilities. We also have installed a local access use telephone line and have been able to purchase a few items to restore or restock the unit as needed. Pregnancy Aid does all the case -management, the cleaning and maintaning of the unit through our volunteer staff. We would also like to take this oppurtunity to thank the Human Services Commission for their dedication and many hours of comnittment to all of the grant process. We appreciate all their many long hours of time to help the City of Kent be one of the leaders in the Human Services effort. Also thanks to the City of Kent staff who help to answer any questions and keep us on the staight and narrow. Lin, Rachel, Sally and Alice have all been angels to us during this grant writing ordeal. Our note of appreciation is long overdue but never -the -less from the bottom of our hearts. incerely ,c f� G z` Judy Peterson Director Free Confidential Help Concerning Pregnancy 202%2 W. Gowe E-1 • Kent, Washington 98032 • (206) 852-1201 rung County Mayor Jim White Y Kent City Council Sexual 220 4th Ave S. Assault Kent, WA 98032-5895 Resource October 18, 1994 Center Dear Mayor White and Council Members, Kent residents receive the following KCSARC services at no -cost: 0 24 hour crisis intervention and information and referral. 0 Legal Advocacy for adults, teens and children, through all aspects of the criminal justice system o Medical advocacy and medical evaluations for children. o Parental support and case management o Therapy for children o Peer counseling and advocacy for adults KCSARC also responds to community request for education, and provides professional training and consultation. There is a fee for most education services. Thank you again for your concern about sexual assault and your willingness to support services for Kent residents. Sincerely, P.O. Box 300 WE111kin Renton, WA 98057U.S.A.' G(206) 226-5062 aTae Executive Director 24 -hr Crisis Line: (206) 226-7273 or 1-800-825-7273 Women's Funding AllianceMember 1994 marks the 18 years of service from King County Sexual Assault Resource Education, Center (KCSARC) to residents of Kent. Support from the city has been critical to Information provide stable and high quality services. and Counseling for Adults and As we look ahead, we anticipate growing community awareness in the issue of Children sexual assault and subsequent need for our services. KCSARC's services to Kent are at an all-time high: after the first nine months of this year we are at 249 % of our contracted goals and have assisted 112 new clients - the same number that we assisted in all of 1993. Kent residents receive the following KCSARC services at no -cost: 0 24 hour crisis intervention and information and referral. 0 Legal Advocacy for adults, teens and children, through all aspects of the criminal justice system o Medical advocacy and medical evaluations for children. o Parental support and case management o Therapy for children o Peer counseling and advocacy for adults KCSARC also responds to community request for education, and provides professional training and consultation. There is a fee for most education services. Thank you again for your concern about sexual assault and your willingness to support services for Kent residents. Sincerely, P.O. Box 300 WE111kin Renton, WA 98057U.S.A.' G(206) 226-5062 aTae Executive Director 24 -hr Crisis Line: (206) 226-7273 or 1-800-825-7273 Women's Funding AllianceMember a�S'�herd�� OF KENT 26461 - 104th Avenue S.E. Kent, WA 98031 (206)854-5660 Dear Mayor White and City Council Members. October 13.1994 Children's Therapy Center has enjoyed the support of the City of Kent for the past seven years. This support was instrumental in our search for an alternative location to allow us to expand services. One of the guiding principles riven to agents assisting our search was to consider space "within the city limits of Kent." We made this decision because of the support the City of Kent gives to human services and the ease in working with the human service staff and commission. All of you help make a sometimes difficult job more tolerable. We provided a total of 7.410 hours of therapy and education to 390 unduplicated children in 1993. Of that number, the human service funds from the City of Kent purchased 300 hours provided to 54 unduplicated young citizens of Kent. These children with special needs under age three will have the best opportunity to reach their full potential. We provided physical therapy, occupational therapy, speech therapy and early education play groups. We assist in developing motor control. balance, expressive/receptive language. socail skills and cosnitiye skills. These services can make a great difference to the children and fail lies involved. We arc proud to be able to offer these services in our own local community. Thank you for your support in the past. Best of luck as you begin your deliberations on the 1995 budget. We do appreciate what you continue to do for young children. cc: Cheryl Fraser, Board President ''Eich child is valuable" Sincerely. teve R. Anderson. Executive Director 3. CONSENT CALENDAR City Council Action: Councilmember �A� moves, Councilmember seconds that Consent Calendar Items A through L be approved. Discuss Acti 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of October 18, 1994. Approval of Bills. Approval of payment of the bills received through October 14, 1994 and paid on October 14, 1994 after auditing by the Operations Committee on October 26, 1994. Approval of checks issued for vouchers: Date 10/14/94 Check Numbers 147859-148328 Amount $1,351,639.85 Approval of checks issued for payroll for October 1, 1994 through October 15, 1994 and paid on October 20, 1994: Date Check Numbers Amount 10/20/94 Checks 198394-198735 Advice 18811-19171 $ 263,689.25 439.710.25 $ 703,399.50 Council Agenda Item No. 3 A -B Kent, Washington October 18, 1994 Regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Houser, Johnson, Orr and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Public Works Director Wickstrom, Fire Chief Angelo, Parks Director Hodgson, Finance Division Director Miller, Human Resource Division Director Viseth, and Governmental Affairs Division Director Martin. Councilmember Mann was excused from the meeting. Approximately 40 people were at the meeting. Members of Boy Scout Troop 408 presented the colors and led the audience in the flag salute. PUBLIC Asia Pacific Trade Conference. Councilmember COMMUNICATIONS Bennett noted he attended the Asia Pacific Trade Conference recently and complimented Arthur Martin for his efforts. He also thanked the Mayor and his staff. Mayor White noted that the Trade Exchange was very successful. Human Services Month. Mayor White read a pro- clamation declaring November as Human Services Month in the City of Kent, and encouraged all citizens to recognize and support its obser- vance. He noted that population growth and increasing pressures impact individuals and families, and that the City must continue to provide support through the Human Services Commission's management of the City's funds. He presented the proclamation to Lin Ball, who thanked him and the Council for their support. Ball noted that there will be a display at the library during November so that citizens can see how these needs are being addressed. Red Ribbon Week. Mayor White noted that alcohol and drug abuse has reached epidemic stages and that prevention education efforts must be launched to reduce the demand for drugs. He read a proclamation declaring the week of October 23 through 31, 1994, as Red Ribbon Week in the City of Kent and encouraged citizens to participate in drug prevention education activi- ties. The proclamation was presented to Police Officer Paganucci. Make A Difference Day. The Mayor noted that many citizens from every age group and from every walk of life give selflessly of themselves to others through volunteer work, and that the people of Kent can make a difference by donating 1 October 18, 1994 PUBLIC a day or an hour doing an activity that will COMMUNICATIONS help a group, agency, community or someone in need. He proclaimed October 22, 1994, as Make A Difference Day in the City of Kent, and encour- aged all citizens to recognize the importance of working together for the common good by giving of oneself in service to another. Transportation Comprehensive Plan. Public Works Director Wickstrom noted that the Comprehensive Plan is presently going through the review process before the Planning Commission, and that the Transportation element is an important ele- ment of that plan. He explained that a number of issues were examined, including improvements to the street system, transit, parking, pedes- trian and bicycle facilities. He noted that one of the key tools of the examination was the development of a computer model that simulated that City's transportation system. He explained that land use must be tied to transportation, and that the transportation system must have the capacity to handle the land use plan. Wickstrom noted that zonal service levels become the threshold that controls develop- mental growth, and since zonal service levels are averages of the individual street and inter- section service levels within the 22 zones, congestion of our streets in the future will increase. He noted that critical assumptions were incorporated into the modeling effort, which include 1) that commuter rail with a station in CBD area would be operational in 1997, 2) that the City would achieve its commute trip reduction goal of 35%, and 3) that the level of transit/carpool ridership would be achieved. He noted that the 6 year TIP reflects $72,000,000 of improvement program, of which $50,000,000 is related to corridor projects, $17,000,000 to arterial improvements, $800,000 on intersection improvements, and $4,250,000 on other improvements including sidewalks, path- ways, bus services, neighborhood traffic control, and rehab projects. He noted that $31,000,000 of the funding would be from grants, $17,000,000 from LIDS, and $21,000,000 from cash, fees, and taxes. He stated that the plan 2 October 18, 1994 PUBLIC is financially balanced with no new revenue COMMUNICATIONS sources required. He said that the committed improvements must be implementable in six years and that the 196th Street Corridor, Orillia to West Valley Highway and West Valley Highway to East Valley Highway and the 272nd Street Corridor are anticipated to be opened in 1998, 2000 and 1999 respectively. Wickstrom noted for Houser that the various cities will be responsi- ble for HOV lanes on Pacific Highway South. Mayor White added that there is the possibility of light rail in that area. CONSENT WOODS MOVED that Consent Calendar A through CALENDAR I be approved. Houser seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of October 4, 1994. HEALTH & (CONSENT CALENDAR - ITEM 3H) SANITATION CPI 135 Green River Square. AUTHORIZATION to accept the bill of sale and warranty agreement for CPI 135 Green River Square (aka Alderra Corp. Park) submitted by Corporate Property Investors for continuous maintenance and opera- tion of a five phase, fully activated traffic signal and release of bonds after expiration of the maintenance period, as recommended by the Public Works Director. The project is located at S. 212th Street and 66th Avenue South which is interconnected to the signal controller at S. 212th Street and West Valley Highway. (CONSENT CALENDAR - ITEM 3I) Alderra Private Road (CPI 135 Green River Square). AUTHORIZATION to accept the bill of sale and warranty agreement for Alderra Private Road (CPI 135 Green River Square) submitted by Boeing Oregon Mesabi Trust (Alderra Management Co.) for continuous maintenance and operation of 302 feet of water main and 721 feet of sanitary sewer extension, and release of bonds after expiration of the maintenance period, as recom- mended by the Public Works Director. This project is located at 66th Avenue So., south of S. 212th Street. 3 October 18, 1994 STREET (CONSENT CALENDAR - ITEM 3F) VACATIONS St Anthony's Church Alley Vacation STV -94-2. ADOPTION of Ordinance No. 3194 vacating an unopened alley that directly abuts Saar Street along the north margin and between Second and Third Avenues in the City of Kent. (CONSENT CALENDAR - ITEM 3G) 45th Place So. Street Vacation STV -94-3. ADOPTION of Ordinance No. 3195 vacating a portion of 45th Place South, a dedicated and open street in the City of Kent. STREETS (OTHER BUSINESS - ITEM 4A) LID 345 - S 218th Street Improvements. This matter was referred back to the Public Works Committee at the Council meeting of October 4, 1994. On October 10, the Public Works Committee reviewed the issues and recommended proceeding with the project as originally proposed. The Committee, however, recommends that the City financially participate in the project in the amount of $167,377 (14.37% of total project cost), as outlined in the Public Works Director's October 10th memorandum. The Com- mittee also stipulated that additional traffic counts be provided. Public Works Director Wickstrom pointed out the location on the map and noted that a traffic count indicated that approximately 548 vehicles per day, 212 of which were trucks, use the road. WOODS MOVED to direct the City Attorney to pre- pare the ordinance creating LID 345 for the improvement of S. 218th Street and to authorize participating in the project in accordance with the Public Works Director's October 10th memo- randum. Johnson seconded. Clark stated that Mr. Wickstrom's revision is the best solution that the Committee would come up with. Bennett pointed out that he voted against this item at committee, that he has visited the area and spoken with residents, and that he feels that this will be a big expense however it is done. He noted that this is a dead-end road and said that he had never seen any pedestrians in the area. He noted that only 4 October 18, 1994 STREETS a few people live there and it will never be a residential area. He suggested that the s -curve could be dealt with in a more cost efficient way. Clark noted that he has also visited the area and that the problem is the increased traffic on the 90 -degree s -curve. He pointed out that the area is now industrial and with the increased employment in the area, foot traffic will increase. He said that this is a public safety issue and the City will be liable if the turn is not improved and.there is an accident on that road. Wickstrom noted for Orr that there will be purchases of right-of-way, and that some have been deeded. He also explained that the value would be based on the land as it presently exists. Orr noted that the s -curve is dangerous but questioned whether widening the street and putting sidewalks on both sides of the street would be beneficial to the people there. She pointed out that it is a short, dead-end road, and suggested a compromise which would improve the s -curve and solve the safety issue. She expressed concern about allowing development that creates a safety issue, and noted that some of these improvements should have been done at the time of development. Clark pointed out that curbs must be put in, and that it might be prudent to put in sidewalks at the same time. Wickstrom explained that they considered widen- ing the street to 24, (two 12' lanes), taking out the s -curve, putting in drainage, and buying the rights-of-way, which amounts to $167,000. He added that assessors will view the properties and may not be able to determine benefits to them, and that adding curbs and sidewalks would make it easier. He said that dropping off the sidewalks on the south side results in a small savings in terms of the assessment. Woods voiced concern about the LID process, and noted that it results in spotty development. She suggested looking into changing the policy and not allowing any new development that does not include improvements at the time. Bennett and Orr concurred. Mayor White directed staff to look at rewriting the policy and to present their findings to the Public Works Committee, with copies to all Councilmembers. 5 October 18, 1994 STREETS LID, because it affects not only the property owners on 218th. Rod Bailey, representing Parcel #6 at 3605 S. 218th, pointed out that the small property owner loses something if the ordinance does not contain departmental guidance that future setback requirements on the property should not be impacted. TRAFFIC (OTHER BUSINESS - ITEM 4C) CONTROL (ADDED) James Street Traffic. Jerry DePinto, 731 N. Jason, showed a 4 -minute video showing the amount and speed of traffic on James Street. He noted that school children use the sidewalks in the area and that people have difficulty cross- ing the street. He suggested that patrols are needed during school hours. DePinto noted that an elderly man was killed while trying to cross the street, that a vehicle ran into a house last summer and that drivers run red lights. Mayor White offered to meet with Mr. DePinto, the Chief of Police, and the Public Works Director to try to come up with a solution. Council agreed and the Mayor asked that an appointment be set up as soon as possible. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3D) Reiten Road Landslide Repair. AUTHORIZATION to transfer $6,800 from the completed Central Avenue Green River Bridge Project Fund to the Reiten Road Landslide Repair project. The City has received a bid from Pile Contrac- tors Inc. for $24,400.00 for this project. The costs will total $28,400.00 which includes $4,000 for work required by City crews. The budget for this project is from the Reiten Road Landslide Repair at Maclyn Street, which is being used to construct two repair projects out of a budget established for one. The Public Works Committee has recommended the transfer of $6,800 from the completed Central Avenue Green River Bridge Project fund (R96) to the Reiten Road Landslide Repair project. 7 October 18, 1994 FINAL PLAT (CONSENT CALENDAR - ITEM 3E) Lexington Square Final Plat (FSU -94-5). AUTHORIZATION to set November 1, 1994, as the date for a public meeting to consider a final plat application made by Lakeridge Development Company (FSU -94-5). The preliminary subdivision was approved in King County, and upon the East Hill/Ramstead Annexation, the final plat came under Kent's jurisdiction. This plat is 5.46 acres in size, consists of 17 lots, and is located at 114th Avenue S.E. and S.E. 267th. ANNEXATION (PUBLIC HEARINGS - ITEM 2A) Jones/Hobbs Annexation (AN -94-1). This date has been set for the public hearing on the final Council action necessary for completion of the Jones/Hobbs Annexation. The City Council ac- cepted the 60% petition on May 17, 1994 and filed the Notice of Intent document for review and approval by the Washington State Boundary Review Board (BRB) for King County. The Boundary Review Board notified the City of their approval as of September 23, 1994. This annexa- tion is approximately 25 acres and is located at the N.W. corner of 100th Avenue S.E. and S. 222nd Street. The proposed ordinance would take effect on November 1, 1994. The Mayor opened the public hearing. Brett Monroe, 22120 100th Avenue SE, asked about public notices and what the ramifications of the annexation are. Wickstrom responded that this annexation was initiated by property owners, that a 10% petition was received, and that Council authorized circulation of a 60% peti- tion. He noted that everyone in the area was notified at that time and that residents at- tended the meeting on the 60% petition. He added that the Boundary Review Board then published notice and no comments were received. Wickstrom stated that taxes in the City are typically a bit lower than the County's. Mayor White added that police protection will be at a higher level than the County, that there will be City utility taxes to pay, and that Parks pro- grams will cover the area. McFall noted that he will provide Mr. Monroe with a fact sheet. E October 18, 1994 ANNEXATION There were no further comments from the audience and WOODS MOVED to close the public hearing. Houser seconded and the motion carried. ORR MOVED to adopt Ordinance No. 3193 annexing certain contiguous lands commonly known as the Jones/Hobbs Annexation. Woods seconded and the motion carried. PUBLIC SAFETY (OTHER BUSINESS - ITEM 4B) Referendum 43. A resolution has been prepared supporting Referendum 43 extending taxes on sales of cigarettes, liquor and pop syrup to fund violence reduction and drug enforcement programs under the 1989 Omnibus Alcohol and Controlled Substance Act. Woods explained that Nancy Mathews of the DWI Task Force has asked that this be on the Council agenda, and that it has not gone through committee due to lack of time. She noted that the D.A.R.E. program and others receive funds and that Mothers Against Violence in America, The Children's Alliance, Catholic Community Services, Washington State Council of Police Officers, Suburban Cities, Association of Washington Cities, Association of Washington Counties, and the Washington State Patrol Troopers Association have endorsed the referendum. She stated that because of the passing of Initiative 601, approving funds will be more difficult. She explained that the pro- grams would be impacted by the loss of funds and asked Councilmembers to consider supporting the resolution. Captain Dave Everett of the Police Department noted that programs which are funded at the State and County levels affect our local level, such as drug prosecutors, juvenile boot camps, and training and equipment for the D.A.R.E. program. He emphasized that this is not a new tax, but reauthorization of existing taxes. He added that $50,000,000 in matching funds at the State level could be lost. He heartily endorsed Referendum 43. WOODS MOVED to adopt Resolution No. 1412 supporting Referendum 43. Orr seconded. Houser voiced concerns regarding increasing taxes. She said that the City of Kent has done an exceptional job with their programs, and that citizens need to be aware of this issue. N October 18, 1994 PUBLIC SAFETY Bennett said he agrees with the mission, but not necessarily with the method. Mayor White noted that the Association of Washington Cities does not agree that there is a tax increase. The motion then carried. COUNCIL (CONSENT CALENDAR - ITEM 3C) Council Absence. APPROVAL of a request from Councilmember Paul Mann for an excused absence from the October 18, 1994 City Council meeting. He will be out of town and unable to attend. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through September 30, 1994 and paid on September 30, 1994 after auditing by the Operations Committee members on October 12, 1994 on October 12, 1994. Approval of checks issued for vouchers: Date Check Numbers Amount 9/16/94-9/30/94 147389-147858 $870,139.29 Approval of checks issued for payroll for September 16, 1994 through September 30, 1994 and paid on October 5, 1994: Date Check Numbers Amount 10/5/94 Checks 198059-198393 $255,464.44 10/5/94 Advices 18435-18810 438,867.12 $694,331.56 REPORTS Planning Committee. Orr announced that the Planning Committee will hold a special meeting on November 11 1994, at 4:00 p.m., which may be the only meeting in November. Administrative Reports. McFall noted that there will be a continuation of the public hearing on the proposed 1995 budget at the November 1, 1994, meeting. The Mayor thanked Finance Division Director Miller for an excellent presentation on the budget at the workshop earlier today. 10 October 18, 1994 EXECUTIVE At 8:20 p.m., McFall announced an executive SESSION session regarding labor negotiations. HUMAN The meeting reconvened at 8:43 p.m. JOHNSON RESOURCES MOVED that the Mayor be authorized to enter into a contract with Teamsters Local 117 regarding wages and benefits as outlined in the proposed agreement, and to make the document a part of the public record. Woods seconded and the motion carried. ADJOURNMENT The meeting adjourned at 8:45 P.M. QCzw"'-e� Brenda Jaco r CMC City Cler I*] 1. SUBJECT• SATURDAY MARKET CONTRACT 2. SUMMARY STATEMENT: Acceptance of the Kent Downtown Association for the authorization for the Mayor to sign. contract that allows for either party (60) day written notice. Kent City Council Meeting Date November 1, 1994 Category Consent Calendar the revised contract with Saturday Market, and This is a five (5) year to terminate with sixty 3. EXHIBITS: A copy of the proposed contract 4. RECOMMENDED BY: Parks Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $25,000 SOURCE OF FUNDS: Funds received from Saturday Market Revenue 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: econds Council Agenda Item No. 3C AGREEMENT FOR MANAGEMENT SERVICES This Agreement is made and entered into the date fully executed below, between the CITY OF KENT, a Washington municipal corporation, (hereinafter "City"), and KENT DOWNTOWN PARTNERSHIP, a non-profit organization, (hereinafter "Contractor"), located at P.O. Box 557, Kent, Washington 98035-5557. RECITALS WHEREAS, the City desires to retain management services to assist in the operation of the Kent Saturday Market as directed by the City Council; and WHEREAS, Contractor agrees to perform these services and the other services described in this Agreement under the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the City and Contractor: SECTION ONE DESCRIPTION OF WORK Contractor will perform management services on behalf of the City with respect to all matters relating to or affecting the Kent Saturday Market, as authorized by the Kent City Council at Page 1 of 13 its regularly scheduled meeting of Contractor shall perform the work in accordance w_ -'-h all applicable state, federal and City laws, consistent with accepted practices for other similar services, and substantially in every respect to the direction and approval of the Mayor, w_-hin the time specified herein, and in accordance with any instructions and information contained in this Agreement. Contractor shall perform the following duties in conjunction with its services: General Duties: 1. Contractor will operate the Kent Saturday Market for five years beginning with the 1995 season (May - October) as set forth in its proposal attached hereto as Attachment A. The parties hereto may, by written agreement, extend the term of the season, and therefore the te= of this Agreement, beyond the period set forth herein. The _'ontractor and City of Kent will evaluate annually Contr_ctor's performance of the contract hereunder and changes tc -he Market program as established by the city to determ_ne whether or not to modify the contract. ,i 2. ;Contractor will use and maintain =he City of Kent's Saturday Market equipment house, portable =oilets, electricity, water, garbage collection and barricades at the municipal parking lot on 2nd Avenue and Smi=h Street. The City of Kent will be identified as a cc-s_onsor of the Saturday Market by providing facilities an__ equipment for Saturday Market operations. Page 2 of L• 3. Contractor shall maintain the market in a professional manner upholding the integrity, a positive City image, quality standards and vendor guidelines established by the market advisory board pursuant to the Saturday Market Vendor Handbook currently in effect and as hereinafter amended. Other Duties• Contractor shall manage the Saturday Market operations under the following guidelines: A. Contractor shall attend regular Saturday Market advisory board meetings and maintain a cooperative working relationship with the established Kent Saturday Market Advisory Board. B. Contractor will pay all maintenance and operation costs associated with the Saturday Market. C. Provide key paid staff on-site at all times during the operation of the market. D. The market shall operate on all dates and hours established by the market advisory board. E. Professional staff are to be fully committed and dedicated ' ) ;to the market program and to provide courteous service to all vendors and market patrons. F. Established rules, regulations and guidelines must be maintained to protect the interests and safety of the vendors and citizens. G. A friendly, family oriented atmosphere shall be maintained at the Saturday Market. Page 3 of 13 H. Contractor will assist in implementation of the Saturday Market 5 -year vision plan for the expansion and future development of the Saturday Market. I. Contractor will maintain established rapport with businesses, schools, organizations, community groups and the media. J. Contractor will actively promote the Saturday Market. K. Contractor shall maintain accurate vendor records and updated mailing lists and market operation statistics. L. Contractor will actively pursue new vendor recruitment and maintain the market's base of longtime and full season vendors. M. Contractor will provide a monthly report on the status of its market operations to the Kent Parks and Recreation Department. The City of Kent will provide a liaison representative to consult and resolve market issues as needed. SECTION TWO TERM `;The term of this Agreement shall be for a period of five years, beginning January 1, 1995, unless sooner terminated as provided for herein. SECTION THREE COLLECTION OF FEES AND FINANCIAL REPORTING 1. Collection of Fees. Contractor shall collect for and on behalf of the City all vendor and booth rental fees and all Page 4 of 13 other fees in strict accordance with the guidelines established by the City unless other instructions are given to Contractor. Contractor shall weekly prepare deposit slips and make available all fees collected together with appropriate paperwork for deposit into a bank designated by the Finance Director pursuant to City cash handling policies. Contractor shall also provide on a weekly basis an accounting of funds on a City provided form. Contractor shall be responsible for any loss or theft of City funds while the same are in its possession or control. Contractor shall follow City's cash handling procedures and shall be liable to the City for its lost revenues under this agreement for failure to do so. Cash herein shall mean currency, checks, credit and other similar means of financial transactions. 2. Records and Accounts. The Contractor shall install and maintain a system of records and accounts of fees and gross revenues from all sources from which the amounts collected can be readily ascertained. Within thirty (30) days of the end of each fiscal quarter the Contractor shall provide the City with a copy of the Contractor's Financial Report which shall include an j income statement and a balance sheet. At the end of the fiscal year the Contractor shall provide the City with a copy of its Corporate or individual Income Tax return. The Contractor shall permit the City, at any time during business hours, through its designated representatives, to inspect such accounts and all other business records concerning Saturday Market operations. Page 5 of 13 3. Taxes. Contractor shall collect and remit to the City all appropriate sales tax. City shall report and remit to the appropriate authorities the sales tax collected. SECTION FOUR TIME DEVOTED TO WORK In the performance of the services described herein, the Contractor shall have control over the number of hours devoted to the work as is reasonably necessary to fulfill the spirit and purpose of this Agreement. The Contractor agrees to begin work upon execution of this Agreement by both parties and shall carry the work forward according to the direction given as provided herein and Contractor agrees to perform the work as expeditiously and efficiently as possible. SECTION FIVE PAYMENT In consideration of the Contractor undertaking the responsibilities outlined in this Agreement, City agrees to pay to Contractor as follows: 1. The sum of twenty-five thousand dollars ($25,000.00) per year for each year this contract is in effect, which payment shall be made in five equal installments due March 1, April 1, May 1, June 1 and July 1 of each year. 2. In addition to paragraph 1 above, the City agrees to pay up to 801 of gross Saturday Market revenues received exceeding $25,000.00 as follows: Page 6 of 13 a. City shall retain 20% of gross Saturday Market revenues received over $25,000.00 or $5,000.00, whichever is greater, and the balance of said revenues received shall be paid to Contractor. b. Payment shall be made following close of the market season after a complete accounting is received by the City from Contractor. SECTION SIX TERMINATION The parties agree that either party may terminate this Agreement without cause upon sixty (60) days written notification to the other party. In the event of termination by the City, then the City shall pay for all services performed by the Contractor to the effective date of termination, and the City may thereafter take possession of all records and data pertaining to this project within Contractor's possession. SECTION SEVEN j COSTS OF BREACH All costs incurred by the City due to Contractor's failure to comply with the terms and conditions of this Contract shall be the responsibility of the Contractor. The City may deduct its costs from any payments due to the Contractor or pro -rate the contract amount based upon the actual time of Contractor's performance compared to the contracted performance schedule. Page 7 of 13 SECTION EIGHT STATUS OF CONTRACTOR This Agreement calls for the performance of the services of the Contractor as an independent contractor and Contractor will not be considered an employee of the City for any purpose. The Contractor and/or its subcontractor(s) shall secure at its own expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation, Worker's Compensation, and all other payroll deductions for the Contractor and its officers, agents and employees and the costs of all business licenses, if any, in connection with the services to be performed hereunder. Contractor will be solely responsible for his acts and the acts of Contractor's agents, employees, servants, and subcontractors during the performance of this contract. SECTION NINE DISCRIMINATION t)In the hiring of employees for the performance of work under this"Agreement or any subcontract hereunder, the Contractor, its subcontractors or any person acting on behalf of such Contractor or subcontractor shall not, by reason of race, religion, color, sex or national origin discriminate against any person who is qualified and available to perform the work to which the employment relates. Page 8 of 13 SECTION TEN WORKER'S COMPENSATION Contractor agrees to maintain, at Contractor's expense, Worker's Compensation at the limits required by the State of Washington, to fully protect both Contractor and the City from any and all claims for injury or death arising from the performance of this Agreement. SECTION ELEVEN INDEMNIFICATION Contractor shall indemnify, defend and hold harmless the City, its officers, agents, employees and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury (including death) received by reason of or in the course of performing work which may be occasioned by any willful or negligent act or omissions of the Contractor, any of Contractor's employees, or any of its subcontractors. Y SECTION TWELVE INSURANCE Contractor shall procure and maintain for the duration of this Agreement comprehensive general liability and automobile insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, Page 9 of 13 representatives, employees or subcontractors. The cost of such insurance shall be borne by Contractor. Contractor shall maintain limits on such insurance in the amount of $1,000,000 combined single limit per occurrence/accident for bodily injury, personal injury and property damage, or such other amounts as may be acceptable to the Mayor. Contractor agrees to provide the City with certificates evidencing the required coverage before Contractor begins work on the project described in this Agreement. SECTION THIRTEEN OWNERSHIP OF RECORDS AND DOCUMENTS Original documents, drawings, designs and reports developed under this Agreement shall belong to and become the property of the City. All written information submitted by the City to the Contractor in connection with the services performed by the Contractor under this Agreement will be safeguarded by the Contractor to at least the same extent as the Contractor safeguards like information relating to its own business. If such information is publicly available, is already in a Contractor's possession or known to it, or is rightfully obtained by the Contractor from third parties, Contractor shall bear no responsibility for its disclosure, inadvertent or otherwise. Page 10 of 13 SECTION FOURTEEN ENTIRE AGREEMENT The written provisions and terms of this Agreement shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of, or altering in any manner whatsoever, this Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement, any addenda attached hereto, and all bid related documents, if any, which may or may not have been executed prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth at length herein. SECTION FIFTEEN WAIVER AND MODIFICATION No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City or Contractor. SECTION SIXTEEN ASSIGNMENT Any assignment of this Agreement by the Contractor without the written consent of the City shall be void. Page 11 of 13 SECTION SEVENTEEN WRITTEN NOTICE All communications regarding this Agreement should be sent to the parties at the addresses below, unless notified to the contrary. Any written notice hereunder shall become effective on the date personally served or, if mailed, as of the date of mailing, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may hereafter be specified in writing. SECTION EIGHTEEN GOVERNING LAW This Agreement shall be governed by the laws of the State of Washington. SECTION NINETEEN y RESOLUTION OF DISPUTES Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor for review and a determination. If the dispute, misunderstanding or conflict between the City and Contractor cannot be resolved by the City's determination within a reasonable time, jurisdiction of any Page 12 of 13 resulting litigation shall be with the Superior Court of King County, Washington. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. KENT DOWNTOWN PARTNERSHIP By JERRY PROUTY, PRESIDENT P.O. Box 557 Kent, Washington 98035-5557 Dated: Approved as to form: Roger A. Lubovich City Attorney M1 Attest: City Clerk k_ncdncn.con Page 13 of 13 THEI CITY OF KENT By JIM WHITE, MAYOR 220 Fourth Avenue South Kent, Washington 98032 Dated: V U LjKent City Council Meeting Date November 1, 1994 Category Consent Calendar 1. SUBJECT: AMENDMENTS TO PENAL CODE (PROSTITUTION LOITERING AND OTHER) 2. SUMMARY ST EMENT: As approved by the Public Safety \ Committee,jAdoption of Ordinance No. 31910 amending the penal code to add a new section and making other amendments relating to prostitution loitering, and by adding a new section relating to violations of civil anti -harassment orders, establishing penalties for the same, and by making other related amendments. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Public Safety Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3D ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 9.02 entitled "Penal Code" by adding a new section, Section 9.02.32, and amending other sections relating to prostitution loitering; by adding a new section relating to violations of civil anti -harassment orders; by amending Section 9.02.36 to make corrections to language relating to public nuisance disturbances; and further making other related amendments. WHEREAS, the City Council has heard testimony concerning the scope and magnitude of the prostitution problem in the City of Kent, and that the frequency of prostitution and its attendant criminal activities are increasing in magnitude and severity; and WHEREAS, prostitution loitering ordinances have proven helpful to other jurisdictions in confronting the prostitution problem in those cities; and WHEREAS, enactment of a prostitution loitering ordinance would assist the City of Kent in curtailing prostitution and related criminal activities; and Metal cot% WHEREAS, the Washington State Supreme Court in Seattle v. Slack, 113 Wn.2d 850 (1989), has upheld the constitutionality of a similar ordinance; and WHEREAS, in enacting a prostitution loitering ordinance, it is also appropriate to make other related amendments tc provisions of the penal code; and WHEREAS, the state legislature pursuant to RCW 10.14 has authorized the issuance of orders for protection from civil harassment and the City has no ordinance making it unlawful to violate such and, therefore, it is appropriate to add a new section to the penal code making violations of such a gross misdemeanor; and WHEREAS, it is also appropriate to amend provisions of the penal code to make corrections to language relating to public nuisance disturbances as they relate to parks and recreational facilities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 9.02.32 of the Kent City Code is amended to read as follows: 2 Sec. 9.02.3430. Provoking assault. Every person who shall, by word, sign or gesture, willfully provoke or attempt to provoke another person to commit an assault or breach of the peace shall be guilty of a misdemeanor. SECTION 2. Kent City Code Chapter 9.02 is further amended by adding Section 9.02.32 entitled "Prostitution loitering to read as follows: Sec 9.02.32. Prostitution loitering. A. A person is guilty of prostitution loitering if he or she is in or remains in a public place and intentionally solicits induces entices or procures another to commit prostitution. B. The following nonexclusive circumstances may be considered in determining whether the actor intends to commit the crime of prostitution loitering. The actor: 1. Reieatedly beckons to stops or attempts to stop or engages passers-by in conversation: or 2. Reneatedlv stops or attempts to stop motor vehicle operators by hailing waving of arms or any other, bodily gesture: or 3. Circles or repeatedly returns to an area and repeatedly beckons to contacts or attempts to stop pedestrians; or 4. Is a known prostitute or procurer; or 5. Inquires whether a potential patron or other 3 person is a police officer, searches for articles that would identify a police officer, or exposes genitals or female breasts, or requests the touching or exposing of genitals or female breasts to prove that the person is not a police officer. C. As used in this section: 1. "Commit prostitution" means to engage or agree or offer to engage in sexual conduct for a fee reward exchange or promise but does not include sexual conduct engaged in as part of any stere performance play or other entertainment open to the public. 2. "Known prostitute or procurer" means a person who within one year previous to the date of arrest for violation of this section has within the knowledge of the arresting officer.. been arrested for an offense involving_ prostitution. 3. "Public glace" is an area aenerally visible to ublic view and includes without limitation streets sidewalks bridges alleys _plazas parks driveways parking lots automobiles (whether moving or not) and buildings open to the general public including those which swerve food or drink, or provide entertainment and the doorways and entrances to buildings or dwellings and the ground enclosing them 4. "Sexual conduct" shall have the same meanina as defined in Section 9.02.33(B). D. Prostitution loitering is a misdemeanor. Section 3. Section 9.02.310 of the Kent City Code is amended to read as follows: Sec. 9.02.310. Same --Penalty. A. A violation of sections 9.02.302, 9.02.304 and 9.02.306 shall be a misdemeanor. B. Violations of sections 9.02.302, 9.02.304, a7n4 9.02.306, and 9.02.308 may also constitute contempt of court, and are subject to the penalties prescribed by law. Section 4. Section 9.02.312 of the Kent City Code is amended to read as follows: Sec. 9.02.312. Stay Out of Areas of Prostitution Orders. 1. Stay Out of Areas of Prostitution orders, hereinafter known as "SOAP" orders, may be issued by the Kent Municipal Court to anyone charged with prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute under chapter 9.02 of the Kent City Code as a condition of pre- trial release. 2. SOAP orders may be issued by the Kent Municipal Court to anyone convicted of prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute under chapter 9.02 of the Kent City Code as a condition of probation. 3. Whenever a police officer shall have probable cause to believe that a person has received a SOAP order as a condition 5 of pre-trial release or of probation and in the officer's presence is seen violating or failing to comply with any requirement or restriction imposed by the court as a condition of such pre-trial release or probation, such officer may arrest the violator without warrant or other process for violation of the SOAP order and bring said person before the court issuing the order. 4. The SOAP order shall warn the person named in the order to stay out of the following "high risk prostitution areas." a. Pacific Highway South from 260th the 25300 block to State Route 516, including all adjacent businesses. 5. A person is deemed to have notice of the SOAP order when: - a. The signature of the person named in the order or their attorney is affixed to the bottom of the order, signifying that they have read the order and have knowledge of the contents of the order; or b. The order recites that the person named in the order or the person's attorney appeared in person before the court. 6. The written SOAP order shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under Chapter 9.02. KCC and will subject the violator to arrest." 7. Whenever a SOAP order is issued under this section, and the person named in the order knows of the order, a violation of the provisions of the order is a misdemeanor and shall be 6 punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. SECTION 5. Kent City Code Chapter 9.02 is further amended by adding a new section, Section 9.02.308, to read as follows: Sec. 9.02.308. Same Violation of civil anti -harassment protection order. Whenever an order for protection from civil harassment issued pursuant to RCW 10 14 and the respondent or person to be restrained knows of the order, any willful disobedience of the order by suchiperson shall be a gross misdemeanor. SECTION 6. Kent City Code Section 9.02.36 is amended to make corrections to language as follows: Sec. 9.02.36. Public disturbance. A. A person is guilty of public disturbance if he or she: 1. Causes a public nuisance disturbance or is in possession and control of property on which a public nuisance disturbance occurs. The following sounds are determined to be public nuisance disturbances: a. The frequent, repetitive or continuous 7 sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law. b. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property. C. Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property. d. The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment, condominium, or yard adjacent thereto which unreasonable interferes with the peace, comfort, and repose of owners or possessors of real property such as sounds from musical instruments, audio sound systems, band sessions, or social gatherings. e. The creating of frequent, repetitive or continuous sounds made by any animal, such as barking or howling except that such sounds made in animal shelters, commercial kennels, veterinary hospitals, pet shops or pet kennels licensed 0 under and in compliance with chapter 8.03 of the Kent City Code shall be exempt from this subsection. f. Sound from motor vehicle audio sound systems such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty (50) feet from the vehicle itself. g. Sound from portable audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty (50) feet from the source, and if not operated upon the property of the operator. This provision shall not apply to such sounds emitted from scheduled events or activities at parks and recreational facilities such as public address systems for park or game events or concerts or similar park or recreation activities. h. The creation of frequent, repetitive or continuous sounds made in connection with outdoor construction or the movement of construction related materials, including noise made by devices capable of producing sound by either striking or cutting objects, such as hammers, saws or other equipment with internal combustion engines; provided, however, such sounds shall be exempt from the provisions of this Code under the following circumstances: 4m. The fergeing pr-evisien shall net apply te (i) During the hours of 7:00 a.m. through 9 8:00 p.m., Monday through Sunday; or (ii) In commercial areas not adjacent to residential areas. B. The foregoing enumeration of acts and noises shall not be construed as excluding other acts and noises which offend the public peace. C. Public disturbance is a misdemeanor. SECTION 7. Kent City Code Section 9.02.116 is amended to read as follows: Sec. 9.02.116. State law adopted by reference --Title 9. The following sections of RCW Title 9 are hereby adopted by reference by the city and shall be given the same force and effect as if they were adopted in their entirety: 1. 9.08.010, Allowing vicious animals at large. 2. 9.23.010, Criminal contempt. 3. 9.40.100, Injuring or tampering with fire alarm apparatus or equipment --Sounding false alarm. 4. 9.41.240, Use of firearms by minor. 5. 9.45.040, Frauds on innkeeper. 6. 9.45.060, Encumbered, leased or rented personal property --Construction. 7. 9.45.062, Failure to deliver leased personal property --Requisites for prosecution --Construction. 10 8. 9. r. G 3 B, Reese-a-sre e 9.46.196, Cheating. 9. 9.61.120, Throwing glass, tacks, rubbish, etc., in highway. 10. 9.66.010, Public nuisance. 11. 9.66.030, Maintaining or permitting nuisance. 12. 9.91.060, Leaving children unattended in parked automobile. 13. 9.21.120, Food stamps and food purchased with stamps --Reselling or purchasing. 14. 70.93.060, Littering prohibited --Penalties. SECTION 8. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 9. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR 11 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED APPROVED PUBLISHED day of _ day of day of 1994. 1994. . 1994. 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. 1�eqw&"d BRENDA JACOBER, CITY CLERK 12 (SEAL) Kent City Council Meeting Date November 1, 1994 Category Consent Calendar 1. SUBJECT: COUNCIL MEETING SCHEDULE E 2. SUMMARY STATEMENT: As approved by the Operations Committee, doption of Ordinance No. amending amending Section 2.01.020 of the Kent City Code relating to the dates of Council meetings. This ordinance amends the date for which Council meetings are to be held in December of each year by providing that there shall be only one regular Council meeting in December to be held on the second Tuesday of stilt month. 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: econds Council Agenda Item No. 3E ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 2.01.020 of the Kent City Code relating to City Council meetings. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.01.020 of the Kent City Code is hereby amended to read as follows: Sec. 2.01.020. City council meetings. The regular and other meetings of the city council shall be held in the council chambers at the city hall unless otherwise designated by majority of the city council at a regular or special meeting. The regular meetings shall be held on the first and third Tuesday of each month except that during the month of December of each year, there shall be only one regular council meeting to be held on the second Tuesday of said month. Special meetings shall be held as provided by law at such times as may be designated. Regular meetings shall convene at 7:00 p.m. If any such day of a regular meeting is a legal holiday, the meeting calyceal mee shall be held on the next business �g day at the same hour. SECTION 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 3. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. ATTEST: BRENDA JACOBER, CITY CLERK JIM WHITE, MAYOR 2 APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED APPROVED day of day of 1994. 1994. PUBLISHED day of , 1994. 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 counmeet.ord 3 Kent City Council Meeting Date November 1, 1994 Category Consent Calendar 1. SUBJECT: EAST HILL/RAMSTEAD ANNEXATION ZONING AZ-94-2--SIrT- 2. SUMMARY STATEMENT: Authorization to set November 15, 1994 and January 3, 1995 as public hearing dates to consider the initial zoning for the East Hill/Ramstead annexation area. 3. EXHIBITS: None 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES go I] EXPENDITURE REQUIRED: SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: Council Agenda Item No. 3F Kent City Council Meeting Date November 1, 1994 Category Consent Calendar 1. SUBJECT: METRO SEWER RATE PASS THROUGH INCREASE 2. SUMMARY STATEMENT: Adoption of Ordinance No._30% relating to the ,�Metro Sewer Rate Pass Through Increase. QUO aadvised by Metro in June of this year that their " service charge per residential unit will be increased from $15.90 to $17.95. This $2.05 increase will become effective January 1, 1995. T-thas recommended t Public Works Committees at this increa� be pa�se�d along to e� customers rand the corresponding utilitv�a—�'�e�-���=,�1 . o� passiner on Met -re's rate4nerease with the effective -ef—tr e -Rg January 1, 1995. 3. EXHIBITS: Public Works Director Memo, Public Works Minutes and ordinance 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO f YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: seconds Council Agenda Item No. 3G DEPARTMENT OF PUBLIC WORKS October 24, 1994 TO: Public Works Committee FROM: Don Wickstro4 RE: Metro Sewer Rate Increase Metro advised the City in June of this year that their service charge per residential unit will be increased from $15.90 to $17.95. This $2.05 increase will become effective January 1, 1995. It is our recommendation to pass along this increase to our customers and the corresponding utility tax that the additional $2.05 increase would generate. As such, we are requesting the single family residential rate be increased $2.13 to cover the Metro service charge and the 3.8% utility tax thereon. We are including the utility tax because as you are aware, it is no longer charged directly to the customer. To do otherwise just reduces the funds available for City's operational expenses and capital improvement needs. The charge for a single family residential unit would increase from $20.92 to $23.05 and the charge to all others would increase from $.52 + $2.72 per 100 cubic foot to $3.07 per 100 cubic foot. The City's Lifeline rate would increase from $19.00 to $21.13. The flat fee portion of the rate was developed as part of a 1980 rate study, with the intent to recover the fixed costs associated with maintaining a billing and accounting system. However, since the minimum billing is predicated on 750 cubic feet, it has no purpose. What it does provide is a subsidy (volume discount) for those customers using greater than 750 cubic feet per month. Since this subsidy is paid for by the balance of our customers, over the years we've been slowly phasing it over and are proposing to delete it this year to achieve a universal flat rate per 100 cubic foot charge, independent of the volume consumed. The impact of these changes to our customers is reflected in the attached table. ACTION: Recommend adoption of the Ordinance passing on Metro's rate increase as reflected on the above with the affective date of the rate being January 1, 1995. IMPACT OF PROPOSED METRO RATE CHANGES ON SELECTED CUSTOMERS Class & Individual Customer Sewer Existing Proposed Based on Water Consumption Rate ($) Rate (S) % Change Residential Customers 20.92 23.05 10 Commercial/Industrial Customers With very low sewer use; e.g., small store with no special sewer uses. 900 cu fUmonth 25.00 27.63 11 With low sewer use; e.g., service station. 2,500 cu ft/month 68.52 76.75 12 With medium sewer use; e.g., large apartment building. 12,000 cut fUmonth 326.92 368.40 13 With high sewer use; e.g., very large office building 25,000 cu ft/month 680.52 776.50 13 With very high sewer use; e.g., major industry 750,000 cu fUmonth 20,400.52 23,025.00 13 1,500,000 cu ft/month 40,800.52 46,050.00 13 M626 PUBLIC WORKS COMMITTEE October 24, 1994 PRESENT: Paul Mann May Miller Judy Woods Laurie Evezich Jim Bennett Mr & Mrs Rust Don Wickstrom Wayne McDonald Roger Lubovich ABSENT: Tim Clark 0 Metro Sewer Rate Increase Wickstrom stated that Metro will be increasing their rate by $2.05 per single family equivalent beginning January 1st and we are proposing to pass that thru. We are also proposing to pass thru the respective utility tax on that increase. We're doing so because the utility tax is paid by the sewer utility and the increase thereat associated with Metro's rate increase if not passed on, would come out of monies available to the City to perform its operation and maintenance work and finance it to capital improvement program. Wickstrom said that this amounts to $.08. Wickstrom said the other issue is that we're proposng to drop the flat fee portion of our rate for commercial/ industrial accounds which, in the early '80's was intended to pay for the accounting and billing. The flat fee portion is $.52. Wickstrom explained that we are trying to eliminate it because it gave the commercial/industrial users a rate break; each 100 cubic feet is less than what the residential users are paying after the basic minimum. He said the total rate increase amounts to a 10% increase for single family residential customers and varies from II% - 13% depending on volume for commercial/industrial accounts. Committee unanimously recommended passing on Metro's rate increase including the associated utility tax. They also concurred with eliminating the flat fee portion of the commercial/industrial rate. Discussion followed with Bennett stating that he feels there needs to be some accountability with these types of increases and he is not in favor of passing these things on just because somebody says that's what we should do it. He feels that this is a big issue to be challenged. Wickstrom noted that this rate is what was approved by Metropolitan Council (no longer METRO) which was less than the original rate proposed. King County Executive reviews the basis for the staff recommendation which the Metropolitan Council also reviews the basis for the Executive's proposal of Metro's proposed rate increase. Wickstrom also stated that Metro's component agencies scrutinizes Metro's staff proposal via a technical committee before that proposal is transmitted to the Executive. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, relating to sanitary sewer services; amending Kent City Code Section 7.04.280 (Ordinance 2374, as last amended by Ordinances 2446, 2510, 2596, 2679, 2827, 2873, 2951, 2962, 3077 and 3140), establishing new charges for sanitary sewer service. WHEREAS, Metropolitan King County ("METRO") has established new rates that it will charge to the City of Kent relating to sanitary sewer services; and WHEREAS, the City, without adding any additional charges or surcharges, has previously passed on the rate increase charged by Metro to its utility users; and WHEREAS, because of the existing agreement between the City and METRO, the City cannot directly charge its utility tax for this METRO charge directly to its customers and must include the appropriate tax (3.8%) in this pass through charge from METRO; and WHEREAS, the City Council's Public Works Committee at a committee meeting on October 24, 1994, reviewed Metro's increased rates and their consequent effects on the City's sewer rates, which would require certain proposed rate adjustments; and WHEREAS, the City Council, at its regular meeting on October 24, 1994, reviewed and approved the proposed rate adjustments in light of the increased rates to be charged by Metro relating to the provision of sanitary sewer service. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Kent City Code Section 7.04.280 (Section 1 of Ordinance 2374, as last amended by Ordinances 2446, 2510, 2596, 2679, 2827, 2873, 2951, 2962, 3077 and 3140) is hereby amended as follows: 7.04.280. Schedule of charges; for service within city. The following are the sanitary sewer service charges for service inside the city: Type o_ fr service Charge per month 1. Single-family residential. $29.92 $23.05 2. Duplex; residential; each $20.92 $23.05 unit separately charged. 3. Single-family residential/ $19.09 $21.13 Lifeline: Eligibility criteria for Lifeline Rate shall be established by city council. 4. All other than single-family ° "•`tee residential; shall be billed in accordance with the $3.07 per 100 consumption of water and at the cubic feet per following rate, except that no month monthly bill shall be less than $20.92$23.05. Section 2. The new rates as established herein shall take effect on January 1, 1995. Section 3. Savings. Ordinance No. 3140 which is amended by this ordinance, and Kent City Code section 7.05.3 10 (section 1 of Ordinance No. 3140), which is amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance. 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 thirty (30) days from the time of its final approval and passage as provided by law. ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 3 JIM WHITE, MAYOR 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. SEWRATE2.pwk BRENDA JACOBER, CITY CLERK 4 Kent City Council Meeting Date November 1, 1994 Category Consent Calendar 1. SUBJECT: ASPHALT OVERLAY - BUDGET TRANSFER 2. SUMMARY STATEMENT: Authorization to transfer the balance of the remaining asphalt overlay funds within the Street Opera- tions budget to a Capital Improvement Fund. In the 0 er t nia g Bud a here was approximately $324,935 set aside for annual overlays. two projects to do; 212th Street from the Green River to 42nd and, James Street from W.V. Highway to Clark Street. ' w!4 '' 'a "� 212th StreetWO `' however due to weather conditions and the contractor's work schedules, James Street will be overlayed in May of next year. As-- LLended by he Public Works Committee hao andRv^ o transferrm the balance of the remaining asphalt overlay funds within the itreet Operations budget to a Capital Improvement fund. 3. EXHIBITS: Public Works Minutes 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3H Asphalt Overlay Budget Transfer Wickstrom stated that within the operating budget there is about $316,000 set aside for our annual overlays and we have two projects we are doing; 212th from the Green River to 42nd (Orillia Rd) and James St from W.V. Highway to Clark. He said we will be doing 212th however, due to the timing of the contractor's workload and the late time of the year he will not be able to overlay James St. Wickstrom explained that this works better regardingthe Justice Center in terms of their moving an excessive amount of dirt, which would put a heavy load on our recent overlay. For this reason, we have tabled that portion; the contractor will do the paint striping; we will maintain it this year and in May he will overlay. Wickstrom said we need to put that money in a capital improvement fund so that it could be carried over versus simply disappearing. Committee unanimously recommended authorization to transfer asphalt overlay money from the Street Operations budget to a Capital Improvement fund. McDonald Hardship (9915 S. 213th St) Bennett stated that this issue was sent to him by way of the Mayor's office and he felt it should be put on this Committee's agenda. He said this involves an LID which is due for foreclosure. Bennett said that Mr. McDonald is a 16 year resident of the City; has had a "down turn" in his economic situation; was not working at the time and was unable to meet his obligation. Bennett asked that consideration be given to arrange a payment plan whereby McDonald could start paying where he had left off. McDonald stated he had worked at the Kent Golf Course (since 1989) and had subsequently been layed off. He stated that when all this happened he was out of a job. He has recently been rehired as a golf instructor. McDonald then went into detail regarding his economic situation. He thought the balance owing was approximately $3900. McDonald claimed that he made payments until he was layed off from his job and as much as he could since then. He said he cannot make up back payments at this time. In response to Mann's question regarding what authority we have in accommodating a hardship, Lubovich proceeded to explain more of the background. He said that in 1991, the City entered into an agreement with McDonald that he would pay $50 per month. Evezich noted that there are six installments behind. Lubovich said that the agreement has not been met and the payments have been very sporadic; also noting that the statute says if there is a delinquency of two payments, the City shall foreclose. Lubovich stated that we do not have the authority to enter into an agreement on statutory mandated foreclosure processes, especially when bonds are involved. There is a duty to the bond holders to maintain the bond ratings. Lubovich stated that this has been going on a delinquency payment since 1991. Evezich explained that the term on the LID is 10 years and this particular LID started in 1989. She said that the delinquent amount totals $3855.23 with interest at 7.9% by statute however the full balance owing is $5985.91. McDonald claimed that he did not remember any agreement. In response to Woods, Evezich said that the annual payments are 6 years delinquent. She said the LID was Kent City Council Meeting Date November 1, 1994 Category Consent Calendar 1. SUBJECT: LAKE FENWICK CABIN DEMOLITION 2. SUMMARY STATEMENT: Acceptance of the Lake Fenwick Cabin Demolition Project as complete and release of retainage to City Transfer of Kent, upon receipt of state releases. 3. 4 5. C -V 7. EXHIBITS• None RECOMMENDED BY: Parks Department and Public Works Department (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES EXPENDITURE REQUIRED: SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3I 1. SUBJECT: ?4 Kent City Council Meeting Date November 1, 1994 Category Consent Calendar o� LANDING WAY STREET VACATION STV -94-1 2. SUMMARY STATEMENT: Adoption of Ordinance No. 31j-11aClo C ow January 18, 1994, , Council approved the applica- tion for vacation of Landing Way as set forth in Resolution No. 1374, subject to compliance of conditions and receipt of compensation. These matters have been accomplished.and- EXHIBITS: 1/18/94 Council Minutes and ordinance RECOMMENDED BY: Council Action (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES M.N VA EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3J January 12, 1994 HEALTH & (CONSENT CALENDAR - ITEM 30) Extension. AUTHORIZATIONto SANITATION Robinson Sewer bill of sale and warranty agreement accept the submitted by Grace Robinson for continuous operation and maintenance of 371 feet of sani- bonds tary sewer improvements and release of expiration of the maintenance period, as after by the Public Works Committee. The recon"mended is in the vicinity of 94th Avenue South project & South 232nd Street. STREET (PUBLIC HEARINGS - ITEM 2B) (Landing Way) Street Vacation VACATION 2°lst Street STV -94-1. This public hearing is to consider an arplication by Birtcher VDL Land Partnership to vacate Landing Way from 64th Avenue South to Resolution South 22oth Street as referenced in No. 1374. i`_avcr White declared the public hearing open. Jac:r McCullouah, 701 - 5th Avenue, Seattle, src:tie on behalf of Birtcher VDL Land Partnership the and noted that the proposal is to eliminate land can be planned more consi=stently streat so the development pattern of the last fe;W with He explained that Landing Way no longer years. Scr'v en a role in the plat for which it was ericinally designed and that Birtcher is in with the surrcrt of the staff's report presented conditions. He requested the Council prcpesed to surpert the vacation. T:":erg were no further comments or questions from the pub'_ic the audience. WOODS MOVED to close hearing. Johnson seconded and the notion carried. JOr�SON MOVED to approve the Planning De:a_tment's recommendation of approval wit' conditions of an appnue Southototsouthvacate 22SthLanding Street Way_• :rem 67th Avenue as referenced in Resolution No. 1374, and to dire�7t the City Attorney to prepare the neces- sar%' ordinance upon receipt of compensation. Ben-.�_�t seconded and the motion carried. ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to the vacation of streets, vacating that portion of Landing Way, a dedicated and open street, lying between Blocks 3 and 4 in the plat of Van Doren's Landing in the City of Kent. WHEREAS, application was filed with the City of Kent by Birtcher VDL Land Partnership, owner of property abutting the applicable portion of Landing Way, for the vacation of a portion of a dedicated and opened segment of Landing Way in the City of Kent; and WHEREAS, the Kent City Council, by Resolution 1374 fixed a time when said petition would be heard and the hearing was held with proper notice on January 4, 1994, at 7:00 p.m. in the City Council Chambers of the Kent City Hall; and WHEREAS, the Kent Planning Director processed this petition and secured technical facts pertinent to the question of this vacation, which included a sketch of the proposed vacation, and also, a recommendation as to approval or rejection by the Public Works Department; and WHEREAS, the Public Works Department and Planning Director recommended that the City Council approve the application upon the applicant's fulfillment of certain conditions; and 1 WHEREAS, the applicant has now fulfilled all of the conditions imposed by Council; and WHEREAS, the City Council finds that the street sought to be vacated is: (1) an open, dedicated street and presently being used as a street; (2) not abutting on a body of water and therefore not suitable for acquisition for port purposes, boat moorage or launching sites, park, viewpoint, recreational or education purposes, or other public use; and (3) a vacation which is in the public interest; and WHEREAS, the City Council by resolution directed the preparation of an ordinance vacating the portion of said street; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The forgoing recitals are incorporated as if fully set forth herein. Section 2. That portion of Landing Way described in the street vacation application of Birtcher VDL Land Partnership, which is attached as Exhibit A and incorporated herein by this reference, is hereby vacated. Section 3. No vested rights shall be affected by the provisions of this ordinance. Section 4. This ordinance shall be in effect and be in force thirty (30) days from the time of its final passage as provided by law. JIM WHITE, MAYOR 04, 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 as hereon indicated. STVACN#6.ORD (SEAL) BRENDA JACOBER, CITY CLERK 3 0. MCC,�fn)lian Ilame: Birtcher VDI, Land PartnersMP OF KL'1!P .J So. 4th Ave, Adc;ress; 22613 68th Avenue South — Kent, WA 90032 Kent, Washington 98032 Phone; (206) 395-341, L�-�h1_ j V E D STRCLT MID/OR ALLEY VACAT1011 APPLICAFIDI! AIID P1.II (100 ILliil�� NOV 1 1993 CITY QF T DOdI• Il ayol• and l:enC Cl Ly Council :l� South 231st: Street (ccnm)nly r.-eCcrrca lI I. 1 3 ------------ Way Sotlth) C(W CLERK i!c, the underslgnc(�abuLLln9 ploperLy mme rs, hercl,y reShecLrully rcqucsL Lhat certain herel)y he (General Loca'-lon) Lcgal Deseli11Llon "°����E%F��/M��1), `, i ton a .��'K"' c i t tt 1ol h ur do o Lh 2 at, L e �i � •y �CC��c% Z �✓ G/L �%C--?L%L. !J lLr7 CC.Clc�L�G,G� et ORIEP STATEbIEN'1WHY VACATION IS RIiIIIG SOLIGHF Birtcher VDL Land Partnership is seeking to vacate c6d64th Avenue South to South 228th Street toacccUMO(3ate large dislributicn uses as shown in L::hibi.t B attached. Vaca Cion of =' Street wi.l-l. provide Van C,omen's L3ndi.ng with the ePportunity to ccamete for large distrihut+.ion uses which carnet he accnmr�atc,i on any other area of the industrial park. Sufficient proof, copy of decd contracL eLc. supporLcd by ling County Tax Rolls shall be submiLtecl for verificaLion of signatures. lllLhouL these a "CURRENT" LiLle reporL shall be required. ldhen CorporationS, ParLnerships eLc. are being signed ror, Lben proof c incliviCIL] al S authority Co sign for salec shall also be submitLc(I. Attach a color coded map or a scale of no less than 1" = 200' of the arca sou911 C for vacation. (IIOTC) Flap must corresprnd v,ith legal do S(. rip Lion. AO'JTTIIIG PROPERTY OWIPS SIGNATURES AIM ADDIRESSI:S i:,7 LGT !I LOT. bLr;r.r: �, PLArIS;:C. r::n. ru; Birtcher VDL f.anc3 Partnership, 226�L3 68th Avenue South Kent, Washington 98032 7C --- portion of ChSection )4, TelP. 22 N., R. e N.E. 1/4 and the S.C. 1/4 of `.' — '— — B)Ock Three _— Lot One, Tay. No. -_--__-__ Lot Two, Tax No. Lot Three, Tax No. — Lot Four, Tax No. Tract A, Tax No. BlLa^ —Lot One, Tax 140. / Lot Two, Tay. No, I/ Lot Three, Tax PIo. jet Four, Tax No. 'Laz No. Lot Fiva, Slsaoo Fee Pald- hhrt: L 'J rl cl ilal Ul' I'.1I(i —_ I'�L Dat(:----------___-- Oce(1 Accoj)U(1---.--- Tracle. P.ccepC.ed_ --- - D'at' -- EXHIBIT A "!-13,, 887980-0200 _ 887980-0210 887980-0220 887980-0230 — 887980-0290 887980-0240 — B87980-0250 867980-0260 — 087980-0270 887900-0200 087980-0300 -- Kent City Council Meeting Date November 1, 1994 Category Consent Calendar 1. SUBJECT: VILLAGE AT JAMES STREET PHASE II 2. SUMMARY STATEMENT: As recommended by the Public Works Director, uthorization to accept the bill of sale an arranty agreement for Village at James Street submitted b chneider Homes, Inc. for continuous maintenance and ope ion of 818 feet of waterline, 665 feet of sanitary se extension, 633 feet of curb including 4 street lights a-11 in public right-of- way and 932 feet of storm sewers, an. release of bonds after expiration of the maintenance peri This project is located at 6628 S. 240th Street. 3. EXHIBITS: Vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. a 7 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES EXPENDITURE REQUIRED: SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3K 3AV H1 89 S'3AV H1 bS —T zzz r` 000 N 3AV 1Gl 3AV d200 AV rea �1sIN In - (I y COrn0 (`GOQ% >Z ,W Qi Qt Qt WCW m 2m W n 3AY m „ z �- O Y 0v� • ONZ N j 3AV °NZ w c 3AY�y 3AY ONZ HII N•I U 5 W G=a ONZ N O 3 ,r_�, lul h14 w OVotl iiiuna 3AY ONE 3AV Hit N C_y . 3AY HillN 3AY z 5� Hit L 3c~�Ga ; 3 1 YW ._. Y1 I W 3AV H1L S _ 3AV 3AV HIS N 40 = -• ; ° i 3 3 3AY �- H19 s..;_ r 3AV H.L9 N Y H1S I N a p •w ` I _3AV NOL r ;, 2 3AY N3OVN L t AV W=NII N S 'id Q O 3AY 2 F— 0 A =1Y t)NZL ISS O N04dW HI N .JW= Z '1 3AV NOLDNIHSVM L H cv d a 3AY INSVM N X •• N IX77 3AV H1 89 S'3AV H1 bS —T zzz 000 Q Q Q 3AV d200 - (I y COrn0 (`GOQ% >Z ,W Qi Qt Qt WCW m 2m W n m d z z O Y 0v� U U G=a O U 3AV 04") OVotl iiiuna oo�L 3AY HIV9 T r b W C LAKl Kent City Council Meeting Date November 1, 1994 Category Consent Calendar 1. SUBJECT: DRINKING DRIVER TASK FORCE APPOINTMENT 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Georgine Isenberg to the Kent Drinking Driver Task Force. Ms. Isenberg is employed at Therapeutic Health Services, Inc. in Seattle and has been involved as a volunteer in several different organizations. She will fill the position formerly held by Sue Madsen and her appointment will continue to 1/1/96. 3. EXHIBITS: Memorandum from Mayor White 4. RECOMMENDED BY: Mayor White (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES [in 7. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3L MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JIM WHITE, MAYO DATE: OCTOBER 26, 1994 SUBJECT: APPOINTMENT TO DRINKING DRIVER TASK FORCE I have recently appointed Georgine Isenberg to serve as a member of the Kent Drinking Driver Task Force. Ms. Isenberg is employed at Therapeutic Health Services, Inc., in Seattle. She has a BS in Business Administration from Southwest State University, in Minnesota, and a Master of Business Administration from City University in Bellevue, WA. Ms. Isenberg has been involved as a volunteer in several different organizations and will be able to utilize her experience as a member of the Drinking Driver Task Force. She will fill a position formerly held by Sue Madsen on the Task Force and her term will continue to 1/1/96. I submit this for your confirmation. JW:jb 1. SUBJECT: Kent City Council Meeting Date_ November 1, 1994 Category Other Business LEXINGTON SQUARE FINAL PLAT (FSU -94-5) 2. SUMMARY STATEMENT: This date has been set to consider the Lexington Square Final Plat FSU -94-5. The plat is located at 114th Avenue S.E. and S.E. 267th Street in the recently annexed Ramstead/East Hill annexation area, and is 5.46 acres in size. The preliminary plat was approved by Kinq County (File No. S90P0013) and upon annexation to the City./the final plat came under Kent's jurisdiction 3. EXHIBITS: Staff memo; map; Subdivision Examiner (Build No. S90P0013) Findings; and Pffice of the zoning and ng and Land Development File King County Ordinance No. 10365 4. RECOMMENDED BY: Staff (Committee, Staff, EYNNEL iner, Commission, etc.) 5. UNBUDGETED FISCAL PERS IMPACT: NO ✓ YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCI"ACT�IO Councilmember �/12, moves, Councilmember v,vt- seconds to approve the Lexington Square Final Plat No. FSU -94-5 with conditions according to King County Ordinance No. 10365 and File No. S90P0013, and to authorize the Mayor to sign the final plat mylar, as recommended by staff. DISCUSSION: - ACTION: Council Agenda Item No. 4A CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM October 26, 1994 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: LEXINGTON SQUARE FINAL PLAT #FSU -94-5 On October 31, 1991, the King County Council approved the Lexington Square Preliminary Subdivision (King County Building and Land Development File No. S90P0013), a 17 -lot single family residential plat. The plat is located at 114th Avenue S.E. and S.E. 267th Street and contains 5.46 acres. Now that the plat is located in Kent, it requires final plat approval by the Kent City Council. Consequently, an application for final plat approval was filed by the Lakeridge Development Company on August 19, 1994. Pursuant to Section 12.04.400 of the Kent Subdivision Code, a meeting of City staff was held on September 1, 1994 to review the Lexington Square final plat. At this meeting it was the decision of City staff that the proposed final plat was consistent with the requirements of the Kent City Code (Subdivision Code) Section 12.04.400 (A) (1) and (2) relative to overall density of the subdivision and the provision of adequate subdivision improvements. Staff recommends the City Council approve the Lexington Final plat No. FSU -94-5 according to the conditions referenced in Building and Land Development File No. S90P0013 and King County Ordinance No. 10365. JPH/mp:c:fsu945fp.cc cc: Fred N. Satterstrom, Planning Manager F " O Ul LEXINGTON SQLA L FEl sl -VL PLA is #FSU -94-'z 64.95' 3700' 99.53' _ r.t N 00'45'09 E 201 49' N 114th AVENUE S.E. N 0o o W. IN, S.E. 1/4• NF. 1/4• S.E. 1/4. SEC. 29-22-5 b N 01746'03" E — .— 3P7.}T � I'I _.(1c 15984• _ 6� N 277 54' _ N 00'46'03" E nmm 387.32' _() jz n 15 '9^ �r 1 51 72' z 6300' C, ,5 " 182.59' 1 m a0 o� n m h l mx U ti 0J 1�• F 135.01• c - 385.86' —� 25.00' o "aH I nfi 1J tr 20' 20' 0 b Nt Z 116th AVENUE S.E.2636.26' Z i " uz N 01'11'16" E " +ssJ, /J N 00'45'09• E N 01'11.16• E 20736 , BJ ton u w N 00'45'09 C q .05�'t` n. e 91 70 /ESO•-a.,�� CJ F.7 ?,> 1 1 ao 'ti Id I_.I T 4` a N > I IT) O. U lj ' 1 Mr'1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 .27 Lam. v April 22, 1992 Introduced by Audreyu e Ord92.14 Proposed No. 91-381 ORDINANCE NO. IL ® 3 6 '•` AN ORDINANCE concurring with the recommendation of the Zoning and Subdivision Examiner to approve, subject to conditions (modified), the Preliminary Plat of LEXINGTON SQUARE, designated Building and Land Development File No. S90PO013. BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: SECTION 1. Except as indicated in Section 2 of this ordinance, the council adopts and incorporates the findings and conclusions contained in the report of the zoning and subdivision examiner dated October 16, 1991, filed with the clerk of the council on October 31, 1991, approvingi-subject to conditions, the preliminary plat of Lexington Square, designated as building and land development division file no. S90P0013. The council adopts as its action the recommendations contained in the examiner's report, except the first two sentences of condition no. 17 and all of condition nos. 20 and 23, which are deleted. SECTION 2. The council finds that the examiner erred in his report conclusion nos. 3 through 5, each of which are hereby deleted. The council finds that in this hearing record there is not sufficient documentation of a connection between the plat of Lexington Square and future use of 116th Avenue Southeast. The council therefore concludes, due to this lack 1 2 3 4 6 6 7 8 9 10 11 12 13 14 16 i7t 19 20 20 .'21' 22 ' `i'•i 23 +•1����25�� 26 . 26 27' . 28 1,0365 of documentation or basis and due to the unique and unusual circumstances in this individual case, no improvements to 116th Avenue Southeast should be required. INTRODUCED AND READ for the first time this day of 19 PASSED THI !AY OFKG COUNT COUNCIL KING COUNTY, WASHINGTON VICE r ATTEST: Clerk of the Council October 16, 1991 OFFICE OF THE ZONING AND SUBDIVISION EXAMINER KING COUNTY, WASHINGTON 300 PreEontaine Building 110 Prefontaine Place South Seattle, Washington 98104 REPORT AND RECOMMENDATION TO THE KING COUNTY COUNCIL. SUBJECT: Building and Land Development File No. S90P0013 Proposed Ordinance No. 91-381 Proposed Plat of LEXINGTON SQUARE 5.4 acres lying generally between 114th Avenue Southeast and 116th Avenue Southeast (if extended) and generally between Southeast 268th Place and Southeast 266th Street (if both roads were extended). SUMMARY OF RECOMMENDATIONS: Division's Preliminary: Division's Final: Examiner: ELIMINARY REPORT: Approve subject to conditions Approve subject to conditions (modified) Approve subject to conditions (modified) The Building and Land Development Division's Preliminary Report on Item No. S90P0013 was received by the Examiner on September 9, 1991. PUBLIC HEARING• After reviewing the Building and Land Development Division's Report, examining available information on file with the -application and visiting the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: The hearing on Item No. S90P0013 was opened by the Examiner at 9:20 a.m., September 24, 1991, in Hearing Room No. 2, Building and Land Development Division, 3600 - 136th Place S.E., Suite A, Bellevue, Washington, and closed at 12:45 p.m. Participants at the public hearing and the exhibits offered and entered are listed in the attached minutes. A verbatim recording of the hearing is available in the office of the Zoning and Subdivision Examiner. FINDINGS, CONCLUSIONS S RECOMMENDATION: Having reviewed the record in this matter, the Examiner now makes and enters the following: Lexington Square FINDINGS: 1. General Information: STR: Location: zoning: Acreage: Number of Lots: Typical Lot Size: Proposed Use: Sewage Disposal: Water Supply: Fire District: School District: File No. S90P0013 Page 2 29-22-5 Generally between 114th Avenue Southeast and 116th Avenue Southeast (if extended) and generally between Southeast 268th Place and Southeast 266th Street (if both roads were extended). SR 9600 5.4 18 (Revis.ad) Ranges from 5,600 to 13,700 square feet Detached single-family residences City of Kent City of Kent #37 - Kent #415 - Kent 2. Lakeridge Development Inc. (the •applicant•) proposes to subdivide a 5.4 acre property into 18 single family residential building lots. Using lot averaging provisions contained in KCC 21.08.080, proposed lot sizes range from 5,600 to 13,700 square feet. At a density of 3.3 dwelling units per acre, the proposed development density is consistent with the 3 to 4 unit per acre Soos Creek Community Plan density designation. 3. An environmental impact statement is not required. On September 3, 1991 the King County Environmental Division issued a maitigated threshold determination of non -significance (MDNS) for this proposed plat. No party or agency has appealed that decision. The MDNS establishes eight mitigating measures written to protect wetlands on the subject property and to require a more restrictive drainage design than would otherwise be required. The MDNS mitigating measures are contained in the Environmental Division's September 3, 1991 MDNS (Exhibit No. 4) and in the Building and Land Development Division's September 24, 1991 preliminary report to the examiner (Exhibit No. 1; recommended Condition No. 27, pages 11 and 12). 4. The Building and Land Development Division (the 'Division') recommends granting preliminary plat approval, subject to 27 conditions of final plat approval as set forth in the Division's preliminary report to the Examiner (Exhibit No. 1) except for the following modifications: a. The Division agrees that recommended Condition No. 7, which requires compliance with King County storm drainage requirements and guidelines, should be limited to those requirements which existed 'at the time of preliminary plat application submittal.' b. The Division agrees that recommended Condition No. 8, which limits site clearing, should specifically authorize clearing to accomodate retention/detention facilities, in addition to roadways and utilities, prior to recording. C. The Division agrees that recommended Condition No. 21 which prohibits 'direct vehicular access• to or from Lexington Square File No. S90P0013 Page 3 116th Avenue Southeast, should apply to proposed Lot No. 8, not proposed Lot No. 6 as stated in the preliminary report. 5. The applicant accepts the Division's recommendation, except as noted in Finding Nos. 6, 7 and 8, below. 6. Tax Lot No. 0132 abuts the entire north boundary of the subject property. It is developed with only one single family residence. However, considering the RS 9600 classification and the area of the property (1.94 acres) the property has a theoretical development potential of approximately 8 units. To accomodate that future potential development, the Division recommends that the Lexington Square internal plat street provide access to Tax Lot No. 0132. Alternative access route would create substandard neighborhood street and lot patterns. To achieve access to Tax Lot No. 0132, the Division asks for a partial permanent turn -around bulb improvement (paving with rolled curb and gutter), to be complemented or, 'completed') by temporary (crushed rock) turn -around improvement within, principally, proposed Lot No. 10. The applicant does not object to providing a street stub to Tax Lot No. 0132, but opposes the Division's recommendation to provide both temporary and turn -around improvements as described above in this finding. Instead, the applicant argues that the turn -around improvements impose an added expense that will not benefit Lexington Square. The applicant contends that only temporary improvements should be required, sufficient to meet King County Fire Engineering turn -around requirements, and that any permanent turn -around improvements should be paid for by the developer of Tax Lot No. 0132. The Division accepts the Examiner's suggestion that the turn -around center point could be moved northward 10 to 15 feet in order to reduce the economic impact upon this applicant. Temporary turn -around improvements would still be required in order to assure sufficient turn -around space consistent with King County road standards and fire engineering standards. Without conceding its argument to eliminate permanent turn -around requirements, the applicant also agrees that moving the turn -around center point 10 to 15 feet northward would be more acceptable. 7. In order to extend 116th Avenue Southeast along the east boundary of the subject property, recommended Condition Nos. 16, 19 and 22 would require a 50 foot wide right of way dedication (consistent with the King County standard for principal arterials), and construction of a 22 foot wide roadway, together with an 8 foot wide walkway. The applicant is willing to dedicate the right-of-way. However, the applicant opposes the recommendation to -require improvement within that right-of-way, arguing that Lexington Square will neither receive benefit nor create any need for the requested 116th Avenue Southeast improvements. Further, the applicant argues that, because the requested street improvements will encroach upon otherwise required wetland and wetland buffer, mitigation measures probably will cost the loss of a building lot --a loss considered unfairly burdensome by the applicant. The following findings apply: a. The subject property is bounded on the west by 114th Avenue Southeast and will obtain direct access from that street. The property is bounded on the east by the 116th Avenue Southeast alignment, though no such Lexington Square File No. S90P0013 Page 4 street is presently constructed in that location. Once both the plat and that street are finally constructed, Lexington Square will not obtain access directly onto 116th Avenue Southeast. One lot (proposed Lot No. 8) will front on that street. However, recommended Condition No. 21 (as amended by the Division; SEE Finding No. 4.c, above) would prohibit that lot from obtaining direct access to 116th Avenue Southeast. b. Although, not yet fully constructed, 116th Avenue Southeast is designated 'principal arterial' by the King County Transportation Plan. Approximately 1,600 feet north from the subject property, it intersects with Kent Kangley Road (SR 516), also designated 'principal arterial.' The Washington State Department of Transportation (WSDOT) plans to install a traffic signal at that intersection. No traffic signal is planned for the 114th Avenue Southeast/SR 516 intersection. C. Except for proposed Lot No. 8, located in the northeast corner of the subject property, all of the proposed lots would be separated from 116th Avenue Southeast by a (approximately) 250 foot wide wetland and wetland buffer tract (Tract 'B'). Development of 116th Avenue Southeast, either as a local access street or as an arterial, would require some wetland buffer destruction. As noted above, that wetland destruction would require mitigation: an additional (approximately) 2,000 square foot wetland enhancement area set aside plus additional buffer in order to assure a minimum average 35 foot wide buffer area. The Tract 'B' wetland is designated *Type 2'. Extensive wetland protective measures are required by the MDNS. However, with a February 15, 1990 application date, this proposed plat is not subject to the King County 'Sensitive Areas Ordinance' amendments to KCC 21.54 (effective September 10, 1990). d. East -west connections between 114th Avenue Southeast and 116th Avenue Southeast will be achieved, or are proposed to be achieved, by developing Southeast 266th Street as a County standard 'half street' (a Lindental Meadows final plat approval condition) and by development of Southeast 270th Street (a final plat approval condition recommended by the Building and Land -Development Division, but not yet acted upon by the Examiner or the Council at the time of the public hearing on this proposed plat of Lexington Square). Southeast 266th Street (incorrectly identified as Southeast 276th Street on Exhibit No. 7), is located approximately 242 feet north from the subject property or approximately 692 feet north from (proposed Southeast 267th Court) which is the proposed internal street within Lexington Square. The Southeast 270th Street alignment is approximately 700 feet south from the subject property. However the actual intersection with 114th Avenue Southeast is not presently known because neither the Examiner's nor the Council's action on the proposed plat of Kings Stone is presently known. e. The development of 116th Avenue Southeast as an arterial is still tentative. Although it appears in the King County Transportation Plan as a designated 'principal arterial," the development responsibility Lexington Square File No. S90P0013 Page 5 for that street is assigned to and accepted by the City of Kent. Whether Kent actually develops 116th Avenue Southeast as an arterial or as a local access street depends upon the final decisions yet to be made regarding the 1272nd/277th Southeast Corridor Study." King County standards for a principal arterial require a total right-of-way width of 100 feet, or 50 feet in both directions from the center line. The City of Kent, however, requires only 80 feet, or 40 feet in both directions from the center line. The corridor study is necessitated in part by Level of Service (LOS) 'F' conditions at the SR 516/108th Avenue Southeast (Benson Road) intersection. The Southeast 272nd/277th east -west arterial (with 116th Avenue Southeast serving as a possible spur northward to SR 516) would provide an opportunity to bypass the SR 516/Benson Road intersection, thereby redistributing traffic and increasing levels of - service. Thus, the corridor study and the 116th Avenue Southeast (principal arterial spur) seek to achieve a broad community benefit in the vicinity of the subject property. f. Extending northward from the subject property approximately 300 feet, the 116th Avenue Southeast alignment is not constructed. Approximately 200 feet north from the subject property, Exhibit No. 7 indicates that a home exists (11469 Southeast 266th Street) which probably must be removed prior to any arterial construction within the 116th Avenue Southeast alignment. Extending further north to SR 516, 116th Avenue Southeast is bounded on the east by the plat of Lindental Meadows and Dally-Tynes Apartments, and on the west by the preliminary plat of Lindental Meadows and Julie's Addition. The plat of Lindental was approved in 1987, considerably before adoption of the current County Transportation Plan arterial designation of 116th Avenue Southeast. Lindental was approved with a right-of-way requirement of only 24 feet from center line. The Dally-Tynes apartment development, approved through commerical building permit review and not preliminary plat review, contributed 30 feet of right-of-way from the center line, but also acquired an 'additional• amount of right-of-way west of the center line (specific width not determined in this hearing record). Located on the west side of the 116th Avenue Southeast alignment, Julie's Addition, approved in April, 1991, is the only plat approved since adoption of the most recent County standard. It requires a right-of-way dedication of 50 feet from center line. Immediately south from Julie's Addition, Lindental Meadows, approved in 1989, is required to contribute 28 feet of right-of-way from center line. 9. Extending south from the subject property, the 116th Avenue Southeast alignment is not constructed. The proposed plat of South Bend abuts approximately 700 feet of the 116th Avenue Southeast alignment extending southward from the subject property to Southeast 270th Street. The proposed plat of Kings Stone directly faces the proposed plat of South Bend, thus encompassing the west side of the 116th Avenue Southeast alignment for approximately 700feet south from Lexington Square. In addition, the proposed plat of Kings Stone property encompasses both sides of the 116th Avenue Southeast alignment for an additional Lexington Square File No. S90P0013 Page 6 (approximately) 700 feet extending further southward. No information is contained in the hearing record regarding 116th Avenue Southeast conditions further south from Kings Stone. This hearing record does not indicate whether Kings Stone and South Bend will be required to dedicate 50 feet from center line per County standard (or 40 feet from center line, per City of Kent request). Evidence in the record suggests that the County Engineer will request street improvements to consist of 22 feet of roadway with 8 foot improved shoulder and open ditch drainage, consistent with local access standards, not arterial principal standards. h. The proposed plat of Little Bend is located immediately east of the subject property. The County road engineer seeks a right-of-way dedication of 40 feet from center line (per City of Kent request). Approved in July, 1989, there are no 116th Avenue Southeast improvements required by the plat of Little Bend. i. A traffic impact analysis has been prepared consistent with County requirements by the Transpo Group. This analysis assumes a development of 22 single family hamaa, inat*ad of th• now proposed 16 aingle family homes. (In addition to the reduction of the proposed number of lots from 22 to 18, in order to meet wetland preservation requirements (and to satisfy a KCC 21.08.080 driven community plan density limit), it is possible that the number of lots may be further reduced to only 17, to satisfy steep slopes density guidelines, wetland impact mitigation requirements, retention/detention pond requirements, or some combination of these requirements. The traffic analysis, using Institute of Transportation Engineers (ITE) trip generation assumptions and equations, projects 221 vehicle trips per day. An 18 unit development may be expected to generate closer to 180 trips per day. Assigning project trips to the vicinity street system using the Puget Sound Council of Governments (PSCOG) travel forecast model suggests that 65% will travel west on SR 5161 208 east on SR 516 and 159 south on 114th Avenue Southeast. No analysis was conducted to determine potential traffic distribution for a theoretically completed 116th Avenue Southeast. The Transpo Group Analysis suggests that during the A.M. peak hour this project will send only 8 vehicle trips toward the SR 516/Benson Road intersection and only 9 trips will come toward Lexington Square from that direction during the P.M. peak hour. The reduction in the proposed number of building lots will commensurately reduce these trip generation numbers. Thus, at a maximum, the project may be expected to send only 6 to 7 vehicles westward on SR 516 during the A.M. peak period and receive only (approximately) 7 units from that same direction during the P.M. peak hour. j. In support of its position, the applicant cites RCW 82.020.20; Southwick v. Lacey, 58 Wn App. 886 (1990), Miller v. Port Angeles, 38 Wn App. 904, 691 Pacific 2d 229 (1984); and Unlimited v. Kitsap County, 50 Wn App. 723, 750 Pacific 2nd 651 (1988). All are Division Two cases. n Lexington Square Pile No. S90P0013 Page 7 k. In support of its position, the Division cites King County Road Standards (KCRS, 1987)7 RCW 58.17.110 and -.0107 King county Comprehensive Plan Policy F-2127 RCC 19.08.150 and -.1607 King County Transportation Needs Report (1990)7 and the King County Transportation Plan. Other authorities which are relevant to this issue include KCC 21.54 (as it existed at the time of plat application), regarding sensitive areas; KCC 21.49, regarding road adequacy standards; and, Ordinance No. 9747 regarding transportation system mitigation payments. 8. The applicant objects to recommended Condition No. 20 (preliminary report to the Examiner, Exhibit No. 1, page 9) which prohibits 'direct access' from any lot abutting 114th Avenue Southeast to that same street. The Division bases this recommendation on KCRS Section 2.03 which states that access to 'neighborhood collector' streets is 'restricted.' KCRS Section 2.03 further requires that 'lots front on local access street where feasible.' The applicant counters that once the final configuration of the proposed plat is known (following modifications resulting from reconfiguration of proposed Lot Nos. 2, 15 and 18, in order to achieve compliance with steep slopes density guidelines), it may not be 'feasible' to avoid direct access to 114th Avenue Southeast for those lots which abut it. The applicant is concerned that this requirement may result in the loss of one of the proposed lots. 9. Although four schools are located near the proposed plat (Sequoia Junior High School, Scenic Hill Elementary, Pine Tree Elementary, and Kent Meridian Senior High School), students will not walk from this proposed plat to school. Instead, they will be picked up by bus on 114th Avenue Southeast and driven to other schools. Although the reason for this busing policy is not clearly stated in the hearing record, it is consistent with the Kent School District's position that Scenic Hill Elementary School enrollment is substantially over capacity and suggests that this adverse condition will be mitigated by busing those elementary students to other schools that are readily capable of absorbing the increased enrollment. The reason for busing junior high and high school students to other schools is less clear because both Kent Junior High School and Kent Meridian Senior High School enrollments do not exceed capacity. SEE also Finding No. 10, below. 10. The Kent Public School District expresses concern regarding whether adequate school facilities will be available, particularly to serve elementary students. Ordinance No. 9785 provides authority to collect school enrollment impact fees upon building permit issuance. That ordinance, however requires the development of a fee schedule to be approved by the King County Council by ordinance. That schedule has not yet been adopted. The District is apparently mitigating increased enrollment impacts by installing portable classrooms and by modifying school attendance boundaries. The applicant has submitted documents which suggest that the District enrollment does not exceed capacity. Exhibit No. 14. These documents contradict the District's own assertions that February 1990 enrollment at Scenic Hill Elementary exceeds that school's capacity by 40%. Exhibit No. 1, Attachment No. 3. Lexington Square File No. S90P0013 Page 8 11. Except as noted above, the facts and analysis presented in the Division of Building and Land Development Preliminary Report dated September 24, 1991 (published September 9, 1991) are accurate and they are incorporated here by reference. A copy of the Division of Building and Land Development report will be attached to the copies of the examiner's report which are submitted to the King County council. CONCLUSIONS: 1. A turn -around bulb must be located at the terminus of the internal plat cul-de-sac street. Mandated by KCRS 2.07, the turn -around bulb will clearly benefit the future homeowners and residents of Lexington Square by giving them, their visitors and emergency and other service vehicles an opportunity to turn -around quickly, conveniently and safely. Thus, the 'need• to be satisfied by the turn -a -round requirement and the 'benefit' derived from the turn -around by Lexington Square residents is obvious. The issues to be resolved, are: to identify the appropriate turn -around bulb improvement standard; and, to identify the appropriate bulb location. A possible rational response to these issues would be to require the entire bulb to be located within the subject property with the permanent improvements required by KCRS 2.031 and 2.07 and KCRS drawing No. 7. Fortunately for the app however, the Division has recommended moving the permanent bulb location sufficiently northward that only a portion of the bulb must be constructed with this plat. The temporary turn -around improvement (crushed rock, principally within proposed Lot No. 10), imposes a lesser burden upon the applicant than would a requirement to ,.. install a complete permanent turn -around bulb. For the reasons discussed in this conclusion, the applicant's arguments seeking an exemption from permanent bulb improvement standards cannot be accepted. However, no one identified any adverse impact that would result from moving the center point from the permanent bulb northward 10 to 15 feet. In fact, the Division has agreed to such a design modification. For this reason, the recommendation below permits the permanEnt cul-de-sac bulb center point to be moved northward no further than the north property line of the subject property. The temporary crushed rock turn -around improvement must be commensurately increased, of course. This decision will incidentally provide the applicant some additional lot area. 2. Compliance with the steep slopes density guidelines occasionally results in the loss and/or reconfiguration of proposed lots. This occasional result is acknowledged in the recommended Condition No. 25 language. The slope -density guidelines stated in Attachment No. 6 of the Division's preliminary report (Exhibit No. 1) are promulgated pursuant to Comprehensive Plan Policy E-305 which advises that, 'as slope increases, development intensity, site coverage and vegetation removal should decrease to mitigate problems of drainage, erosion, siltation and landslides.' Compliance with comprehensive Plan Policy affecting lot area is not a sufficient cause for permitting a proliferation of drive -ways on 114th Avenue Southeast, which is discouraged by KCRS 2.03. The purpose of the subdivision process is not to guarantee the applicant any particular density yield (number of Lexington Square File No. S90P0013 Page 9 lots). Rather, the process is intended to achieve the creation of new neighborhoods consistent with RCW 58.17.010 and -.110. 3. Whether to require dedication of 50 feet of right-of-way to serve (future) 116th Avenue Southeast is not an issue. The applicant agrees to provide the right-of-way requested by the Department of Public Works and recommended by the Division. Further, there is no issue regarding whether arterial standard improvements should be required. The Division is not recommending arterial standard improvements and the appalicant is not offering them. On this, they agree. Thus, the debate concerning 116th Avenue Southeast focuses on whether to require local access street improvements (the Division's recommendation) or no improvements at all (the applicant's position). These positions are considered in the conclusions which follow. The Division bases its request for street improvements upon two general arguments: a. That the requested improvements are required to mitigate the cumulative impact of this proposed plat combined with other plats upon the broad community. This argument relies upon the County Transportation Plan, the 1990 County Transporation Needs Report, the '272nd/277th Corridor Study,' City of Kent Plans, and the failing LOS at the SR/516 Benson Road intersection. This argument is considered in Conclusion No. 4, below. b. That the recommended improvements to 116th Avenue Southeast are required to provide a neighborhood street pattern which appropriately accomodates the cumulative local neighborhood circulation needs generated by this plat and several neighboring recently approved plats or presently pending plat applications. This arguement is considered in Conclusion No. 5, below. 4. The 'broad community wide impact' argument supporting a requirement to improve 116th Avenue Southeast, as described in Conclusion No. 3.a, above fails for at least the following reasons: a. KCC 21.49 and Ordinance No. 9747 establish procedures for addressing the cumulative impact of proposed developments upon road segments and intersections having broad community significance. KCC 21.49 establishes a minimum threshold, called a 'direct traffic impact' of 10 peak hour/peak direction vehicle trips. The record shows that this threshold will not be reached by Lexington Square. It is therefore difficult to require improvement of 116th Avenue Southeast as a spur from the 0272nd/277th corridor• in order to reduce congestion at the SR 516/Benson Road intersection. b. The applicant should not be required to contribute to a facility intended to serve broad community wide interests (such as an arterial) in an amount which exceeds the applicant's proportionate impact upon the community wide arterial system. As it turns out, this is not an issue anyway, for the reason observed in Conclusion No. 4.c, below. Lexington Square File No. S90P0013 Page 10 C. As noted in Conclusion No. 3, above, the Division is not seeking arterial improvements --which are after all, the type of improvements which are necessary to address broad community wide traffic demands. 5. That portion of the Division's argument which focuses upon local neighborhood circulation requirements makes more sense. The Division implicitly agrees to this distinction by recommending that only sufficient improvements be installed within the 116th Avenue Southeast right-of-way which are sufficient to meet King County neighborhood (i.e., not 'community wide') local access street standards. If there were no 0272nd/277th corridor study,' there would still be a need for appropriate neighborhood circulation. RCW 58.17.110 does not require the Council to determine if appropriate provisions are made merely for plat access. Rather, RCW 58.17.110 requires the Council to determine if appropriate provisions are made for, but not limited to, 'streets, alleys, and other public ways,' among other things. Further, KCC 19.08.050 requires the proposed subdivision to be in the best interests of 'neighborhood development of the area.' This plat, in concert with several neighboring plats, creates a demand for neighborhood circulation and therefore a demand for 116th Avenue Southeast and other streets in the neighborhood (to which this applicant is not being requested or required to contribute). Thus, the recommended 116th Avenue Southeast improvement not only furthers a legitimate State interest, but also is substantially related to the actual impacts of the project. Further, the impact of this exaction should not be expected to be unduly oppressive when compared to the actual public benefit to be enjoyed by the future residents of Lexington Square and its neighbors. The eventual completion of 116th Avenue Southeast will provide Lexington Square residents an opportunity to use the WSDOT planned traffic signal at the 116th Avenue Southeast/SR 516 intersection. a. There is a clear legitimate public interest in requiring the articulation of a logical neighborhood street pattern. When all of the surrounding property owners develop at the (approximate) same density as sought by this applicant, the number of lots, number of homes, and number of vehicles will increase several -fold using the zoning presently in effect. It is no more speculative to say this growth will occur than to say it will not. All of these new residents, including those residing within Lexington Square, will require a safe and durable neighborhood circulation system consistent with King County standards. b. The timing of subsequent developments which expand upon the demand created by this development and which assist in furthering completion of the neighborhood street pattern (including 116th Avenue Southeast) is not crucial here. It may occur later this year; it may not occur for another 20 years or so. Such a distinction in development timing (1 year vs. 20 years) is not significant when one reflects that the property lines drawn by this plat, and the surrounding plats as this neighborhood continues to develop, Lexington Square File No. S90P0013 Page 11 probably will last 100 or 200 years or more. The streets probably will last comparably long periods. If the need for neighborhood circulation in this developing nieghborhood is ignored, then the lack of adequate neighborhood circulation will plague this neighborhood for comparably long periods. C. Requiring 116th Avenue Southeast frontage improvement will not be unreasonably or unduly burdensome. It will equitably apply the same requirement to this development that has been applied to comparable developments since the mid 1970s by King County. It is not only reasonable, it is common and ordinary to require perimeter street construction. SEE KCC 19.08.160. The applicant has not offered any cost figures to support its position that this exaction would be unduly burdensome. The applicant has argued, instead, that construction of the road may cause the loss of a building lot (due to wetland loss mitigation/compensation requirements). In fact, however, a plat has no particular number of lots regardless of what the zoning may suggest (until it has finally been approved). The presence of sensitive areas, availability of access, parcel configuration, topography, and neighborhood street patterns are among the various influences which tend to reduce the number of lots achieved. The number of lots suggested by the zoning is therefore only a theoretical limit. In this case', both the cost of the street improvements and the cost of 'losing' one building lot (if, in fact, any such loss actually occurs) may be distributed among all of the remaining 17 or 18 lots. d. The decision being considered here bears little resemblance to a beach house remodel or replacement, in which the population density remains constant: one family. In this case, the applicant and King County are agreeing to increase the population density on the subject property from zero to potentially 18 families. This impact, as well as the cumulative impact of other similar developments must be considered and mitigated. The same population density increase potential exists for other properties in the vicinity and, in fact, several plats in the vicinity of this property are either developing or are in various stages of preliminary plat review. e. The long term benefit to the intended owners/occupants of Lexington Square is clear: these future owners/residents will benefit from a secondary access route (which includes direct access to a traffic signal on SR 516) as well as more efficient distribution of public services (parcel delivery, U.S. mail, school buses, fire, ambulance, and police). They will benefit from living in a more cohesive neighborhood in which neighbors can meet with neighbors by driving down the block instead of driving a circumlocustic mile or so (which includes an unnecessary trip which further congests SR 516). That benefit also will extend to the children residing in the plat and in the surrounding neighborhood by providing them easy access to each other (for Scout meetings, for play, etc). All of these benfits to be enjoyed by the future occupants/residents of Lexington Square, as well as by the surrounding developments, provides some understanding of the State Legislatures motivation in adopting RCW 58.17.010, and -.110, and the County Council's motivation in adopting the Lexington Square File No. s90P0013 Page 12 applicable provisions of KCC 19.08. The neighborhood circulation system makes the neighborhood a neighborhood and holds its together. e. It can be conceded that requiring the contested 116th Avenue Southeast frontage improvement will not immediately satisfy the long term continuing demand for complete, adequate and safe neighborhood circulation consistent with the comprehensive plan and King County road standards. However, granting the applicant's request to ignore the recommendation to improve this street will not achieve successful articulation of a complete neighborhood street system either. The best way to assure that the long term demand for adequate neighborhood circulation is achieved is to implement the applicable policies and standards today. . f. The increased land use density created by this subdivision provides the 'nexus' between this disputed subdivision approval condition and the public purpose to be achieved. More cars and more people requires more streets. There is a direct connection between the impact of the subdivision on the neighborhood and contribution to the neighborhood to mitigate that impact. And, the applicant will not be required 'alone' to make this contribution --the improvement of 116th Avenue Southeast. The burden will be divided among up to 18 lot purchasers and will be shared with many other developers and lot purchasers in several neighboring plats. 6. Based upon the whole record, and according substantial weight to the determination of environmental significance made by the Division of Building and Land Development, it is concluded that approval of this subdivision as recommended below would not constitute a major action significantly affecting the quality of the environment. All evidence of environmental impact relating to the proposed action and reasonable alternatives to the proposed action have been included in the review and consideration of this action. 7. If approved subject to the conditions recommended below, the proposed subdivision will comply with the goals and objectives of the Comprehensive Plan, Subdivision and Zoning Codes, and other official land use controls and policies of King County. 8. If approved subject to the conditions recommended below, this proposed subdivision will make appropriate provision for the public health, safety and general welfare and for drainage ways, streets, other public ways, water supply, and sanitary wastes; and it will serve the public use and interest. 9. The conditions recommended in the Division of Building and Land Development's Preliminary Report as amended below are in the public interest and are reasonable requirements. RECOMMENDATION: GRANT preliminary approval to the proposed plat of Lexington Square (Building and Land Development Division File No. S90P0013) as described by Exhibit No. 6 (Preliminary Plat Drawing received by the Division August 7, 1991) subject to the following conditions of final plat approval: Lexington Square File No. S90P0013 Page 13 1. Comply with all platting provisions of Title 19 of the King county code. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Notion No. 5952. 3. The area and dimensions of all lots shall meet the minimum requirements of the zone classification. 4. The applicant must obtain final approval from the King County Health Department. 5. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 8041. Any road engineering variance granted shall not diminish compliance with the RCW 58.17.110 requirement to provide safe walking conditions for students. 6. The applicant must obtain the approval of the King County Fire Marshal for the adequacy of the fire hydrant, water main, and fire flow standards of Chapter 17.08 of the King County Code. 7. Final plat approval shall require full compliance with drainage provisions set forth in King County Code 9.04 and storm drainage requirements and guidelines as established by Surface Water Management at the time of preliminary application submittal. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. The following conditions represent portions of the Code and requirements and shall apply to all plats. a. Drainage plans and analysis shall comply with the 1990 King County Surface Water Design Manaual. Building and Land Development Division approval of the drainage and roadway plans is required prior to any construction. b. Current standard plan notes and ESC notes, as established by Building and Land Development Division Engineering Review, shall be shown on the engineering plans. C. The following note shall be shown on the final recorded plat: 'All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings # on file with Building and Land Development Division and/or the Department of Public Works. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file.' Lexington Square File No. S90P0013 Page 14 8. Due to erosion hazard, clearing shall be limited to those areas required for construction of roadways, retention/detention (R/D) facilities and utilities prior to recording. 9. The applicant shall comply with King county Ordinance 9747, King County Road Mitigation Payment System (MPS), by paying the required MPS fee as determined by King County Public Works, plus an administrative fee. The applicant has an option to either: 1) pay the MPS fee and MPS administrative fee at final plat appalication, or 2) pay the MPS fee and NPS administrative fee at the time of buildng permit application. If the first option is chosen, a note shall be placed on the face of the plat that, 'All fees required by Ordinance 9747, King County Road Mitigation Payment System (NPS), have been paid;' if the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. 10. The retention/detention (R/D) facilities design shall comply with 1990 Surface Water Design Manual Section 1.2.1 (Discharge at the Natural Location). 11. The 100 -year floodplain of the preserved wetlands and drainage corridor shall be determined for the fully developed basin and be shown on the final engineering plans and recorded plat as required by Special Requirement t9 of the 1990 Surface Water Management Design Manual. Any portion of the 100 -year floodplain extending beyond the final wetland buffer shall also be designated as NGPE. The floodplain shall be determined for the developed condition (filling of wetland and drainage corridor for required road construction) of the drainage corridor. 12. The design of the eastern R/D facility shall fully compensate for the allowed filling for roads of the wetlands and drainage corridor outlined in the SEPA MDNS conditions. This compensation volume shall equal the volume of the 100 -year floodplain for the fully developed basin which will be lost due to allowed road filling. if feasible, this compensating volume shall be provided by grading and enhancing the grassed buffer of the Tract B wetland, subject to the review and approval of the Building and Land Development Division wetlands scientist. 13. A culvert shall be provided under the proposed cul-de-sac to convey flows for the drainage corridor. This culvert shall be designed to convey flows for the 100 -year, 24-hour design storm event for the fully developed, undetained drainage basin. Ths drainage shall bypass any proposed R/D facility and shall be released at its existing outfall location along the north property line. 14. The proposed 'panhandle' for Lot Nos. 6 and 9 shall be revised on the engineering plans and recorded plat to a 20 -foot minimum width per Section 3.01.C.3 of the King County Road Standards (KCRS). 15. Southeast 267th Court shall be designed and constructed as an Urban Subaccess Street in accordance with KCRS Sections 2.03 and 3.02.A.2. SEE also Condition No. 5, above. Lexington Square Pile No. s90P0013 Page 15 16. The eastern frontage of 114th Avnenue Southeast shall be impoved to Urban Neighborhood collector (KCRS 2.03) where it abuts the site. The final engineering plans shall include an appropriate transition of these improvements to the existing roadway. Eight feet of additional right-of-way shall be dedicated along the plat's frontage. 17. 116th Avenue Southeast shall be designed and constructed per the approved road variance (Building and Land Development Division Pile No. S91V0078). The design shall provide for the future off-site extension of the roadway north and south of the site. Per KCRS 2.02 (Urban Principal Arterial Standard), and applicant's agreement in public hearing, 50 feet of right-of-way from centerline shall be dedicated to King County for road purposes. 18. Lots 17 and 18 shall have undivided ownership of Tract C and are responsible for its maintenance. Tract C shall be a minimum of 26 feet wide and improved with a 22 -foot -wide paved surface and controlled drainage. 19. The proposed permanent turn -around portion for Southeast 267th Court along the north property line shall be improved per Section 2.07 KCRS. A termporary turn -around shall be provided at the terminus of Southeast 267th Court, as shown on the revised preliminary plat received August 7, 1991. The turn -around center point may be moved northward no further than the north property line of the subject property. 20. The pavement for 116th Avenue Southeast shall be designed with regard to the load bearing capacity of the soils and the traffic carrying requirements of an arterial street. 21. There shall be no direct vehicular access to or from 114th Avenue Southeast from those lots and that abut it. This limitation shall be clearly stated on the face of the recorded plat. 22. There shall be no direct vehicular access to or from 116th Avenue Southeast for proposed Lot 8. This limitation shall be clearly stated on the face of the recorded plat. 23. The construction of 116th Avenue Southeast in the southeast corner of the site and the cul-de-sac will require filling portions of the wetland and drainage corridor. A report detailing the groundwater conditions at these locations shall be prepared by a professional geotechnical engineer. The report shall make specific recommendations for the design of a dewatering plan and a roadway subgrade plan which will ensure the integrity of futureroadways and utilities. The recommendation shall be subject to review and approval by the King County Building and Land Development Division geologist and review engineer. The final engineering plans shall include a dewatering plan and roadway subgrade plan which satisfies the final geotechnical recommendations. 24. The following statement shall be shown on the final engineering plan and the recorded plat: - Building Setbacks and Native Growth Protection Easements Structures, fill and obstructions (including, but not limited to decks, patios, outbuildings, or overhangs beyond 18 inches) are prohibited within the building Lexington Square Pile No. s90P0013 Page 16 setback line (BSBL) and restricted floodplains (if applicable), and within the Native Growth Protection Easements(s) as shown. Dedication of a Native Growth Protection Easement (NGPE) conveys to the public a beneficial interest in the land within the easement. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, visual and aural buffering, and protection of plant and animal habitat. The NGPE imposes upon all present and future owners and occupiers of the land subject to the easement, the obligation, enforceable on behalf of the public by King County, to leave undisturbed all trees and other vegetation within the easement. The vegetation within the easement may not be cut, pruned, covered by fill, removed or damaged without express permission from King County, which permission must be obtained in writing from the King County Building and Land Development Division or its successor agency. Before and during the course of any grading, building construction, or other development activity on a lot subject to the NGPE, the common boundary between the easement and the area of development activity must be fenced or otherwise marked to the satisfaction of King County. 25. The applicant shall demonstrate compliance with King County Slope -Density Guildelines as provided in Attachment 6 of the Building and Land Development Division's September 24, 1991 preliminary report to the Examiner, prior to approval of the plan and profile. This may result in the loss and/or reconfiguration of lots. 26. A homeowners' association or other workable organization shall be established to the satisfaction of Building and Land Development Division which provides for the ownership and continued maintenance of the open space area(s). 27. The following have been established by SEPA as necessary requirement of this development as mitigation. The applicant shall demonstrate compliance with these items prior to final approval. Wetlands a. For the Class 2 wetland on the eastern portion of the site, a 50 -foot buffer of undisturbed native vegetation measured from wetland edge shall be required. Buffer width averaging will be allowed, with a minimum buffer width of 25 feet and a total buffer area size equal to 50 feet. To reduce the buffer width to an average width of 35 feet in'areas supporting grasses, an enhancement plan to increase the diversity and complexity of the disturbed wetlands and buffer shall be submitted with the final engineering plan for King County Building and Land Development Division (BALD) wetland staff review and approval. b. For the associated drainage corridor connecting the Class 2 wetland to the drainage course to the north, a 25 -foot buffer of undisturbed vegetation measured from each side of the Ordinary High Water Nark (OHWM) shall be required. ` Lexington Square File No. s90P0013 Page 17 C. For the Class 3 wetland on-site located in the southwest corner, a 25 -foot buffer of undisturbed vegetation measured from the wetland edge shall be required. d. Filling wetlands and culverting a portion of the drainage corridor for construction of a 30 -foot half -street and construction of the cul-de-sac shall require 1:1 mitigation adjacent to the existing wetlands. The applicant shall submit an enhancement plan with final engineering plans for review and approval by Building and Land Development Division wetlands staff for filling wetlands and filling and culverting the drainage corridor. The applicant shall post a Performance Bond in an amount to cover the cost of planting and construction management by a wetlands consultant, and monitoring Building and Land Development Division staff. A three-year monitoring period is required to assure plantings survive. Upon completion of the final monitoring inspection of the site, Building and Land Development Division wetlands staff shall release the Bond. If plantings have not been successful at the end of the monitoring period, the applicant is responsible for preparation and implementation of a contingency plan to remedy the situation for review by Building and Land Development Division wetlands staff. e. Wetlands, the associated drainage course, and buffers shall have a Native Growth Protection Easement (NGPE) placed on them, and a 15 -foot Building Setback Line (BSBL) shall be shown from the edge of the NGPE. Wetlands and buffers shall be placed in separate tracts. f. A fence is required along the edge of the NGPEs to delineate clearly the areas as a sensitive resource. Signs shall be posted along the fence line to identify clearly the area as an NGPE. A detail of the proposed fence and signs, and revised site plans showing its location must be submitted with final engineeering plans for Building and Land Development Division wetlands approval. The fence and signs shall be maintained by the homeowners' association. Clearly identifying the buffer edge will keep the buffer from being considered part of the residences' backyards and will help keep domestic animals from intruding into the wetlands. g. Drainage from roof and footing drains should be directed into the wetlands to provide the same amount of water into the wetlands as presently occurs. Design shall be submitted for approval by Building and Land Development Division wetland staff prior to final plat approval. ' g. Drainage from roof and footing drains should be directed into the wetlands to provide the same amount of water into the wetlands as presently occurs. Design shall be submitted for approval by Building and Land Development Division wetlands staff prior to final plat approval. Lexington Square File No. S90P0013 Page 18 Drainage h. Due to the potential downstream impacts, a more restrictive drainage design shall be required for this subdivision. The performance of proposed R/D facilities shall be such that discharge from the developed area shall be no more than 70% of the pre -developed 2-year/24-hour release rate for design storm events up to and including the 100-year/24-hour design storm event. Restrictions greater than described above may be required upon final review of the downstream analysis. ORDERED this 11th day of October, 1991. R. S. Tit V Deputy zo ing and Subdivision Examine TRANSMITTED this 4th day of October, 1991, by certified mail, to the following parties of record: Casey, David/Lakeridge Haggard, Joel Robarge, Robert 6 Sand Yadon, Mr. 6 Mrs. R.D. Development Hales, Lori a Roberts, Dick TRANSMITTED this 4th day of October, 1991, to the following: Althauser, Don, Surface Water Management Haff, Louis, Public Works Johnson, Tammy, Building and Land Development Division Kara, A. Fatin, King County Conservation District Lutz, James, WSDOT Masters, David, Environmental Division Pringle, Lisa, Building and Land Development Division Questad, Barbara, Environmental Division Reitenbach, Paul, Community Planning Samek, Gary, Public Works Shea, Brian, Building and Land Development Division Shular, Ryan, Building and Land Development Division Skinner, Ann, Building and Land Development Division Taylor, Steve, Building and Land Development Division Thornbury, Arthur, King County. Council Daniel, Dr. George/Kent Schools Bloss, Carl Geo -Dimensions Inc. Gullholm, Ellen Kellogg, Tom Kinared, Diana McDonald, Patti New Construction Services Terra Associates, Inc. The Transpo Group NOTICE OF RIGHT TO APPEAL ANIT ADDITIONAL ACTION REQUIRED In order to appeal the recommendation of the Examiner, written notice of appeal must be filed with the Clerk of the King County Council with a fee of 4125.00 (check payable to King County Office of Finance) on or before October 30, 1991. If a notice of appeal is filed, the original and 6 copies of a written appeal statement specifying the basis for the appeal and argument in support of the appeal must be filed with the Clerk of the King County Council on or before November 6, 1991. Appeal statements may refer only to facts contained in the hearing record; new facts may not be presented on appeal. Lexington Square File No. S90P0013 Page 19 Filing requires actual delivery to the Office of the Clerk of the council, Room 403, King county Courthouse, prior to the close of business (4:30 p.m.) on the date due. Prior mailing is not sufficient if actual receipt by the Clerk does not occur within the applicable time period. The Examiner does not have authority to extend the time period unless the Office of the Clerk is not open on the specified closing date, in which event delivery prior to the close of business on the next business day is sufficient to meet the filing requirement. If a written notice of appeal and filing fee are not filed within 14 calendar days of the date of this report, or if a written appeal statement and argument are not filed within 21 calendar days of the date of this report, the Clerk of the Council shall place a proposed ordinance which implements the Examiner's recommended action on the agenda of the next available Council meeting. At that meeting, the Council may adopt the Examiner's recommendation, may defer action, may refer the matter to a Council committee, or may remand to the Examiner for further hearing or further consideration. Action of the Council Final. The action of the Council approving or adopting a recommendation of the Examiner shall be final and conclusive unless within thirty (30) days from the date of the action an aggrieved party or person applies for a writ of certiorari from the Superior Court in and for the County of King, State of Washington, for the purpose of review of the action taken. MINUTES OF THE SEPTEMBER 24, 1991 PUBLIC HEARING ON BUILDING AND LAND DEVELOPMENT DIVISION FILE NO. s90P0013 - LEXINGTON SQUARE: The following exhibits were offered and entered into the record: Exhibit No. 1 Building and Land Development's preliminary report dated September 24, 1991 Exhibit No. 2 Application dated received February 15, 1990 Exhibit No. 3 Environmental Checklist dated received February 15, 1990, revised August 7, 1991 Exhibit No. 4 Declaration,of Nonsignificance dated September 3, 1991 Exhibit No. 5 Affidavit of Posting indicating July 10, 1991 as date of posting and indicating August 22, 1991 as date affidavit was received by Building and Land Development. Exhibit No. -6 Preliminary/Revised plat dated August 7, 1991 Exhibit No. 7 Land Use Map 627E and 654W Exhibit No. 8 Assessors Maps SE 29-22-5, SW 28-22-5 Exhibit No. 9 Traffic Analysis by Transpo Group, dated June 22, 1990 Exhibit No. 10 Wetlands Evaluation by Terra Associates, Inc. dated September 18, 1990 Exhibit No. 11 Revised Wetland Study by Terra Associates, Inc. August 7, 1991 Exhibit No. 12 Road Variance i591V0078 Exhibit No. 13 Letter from R.D. Yadon re; Traffic, Schools, Drainage, Wildlife dated May 24, 1991 Exhibit No. 14 Material regarding school capacity Exhibit No. 15 Preliminary plat map received February 15, 1990 Exhibit No. 16 Preliminary Plat map received November 13, 1990 Exhibit No. 17 Staff Raport for Lindental Plat Exhibit No. 18 Examiner's Report for Lindental Plat Exhibit No. 19 Examiners Report for Julie's Addition Exhibit No. 20 Letter from Lakeridge to K. C. Council re: Little Bend dated August 7, 1990 Lexington Square Pile No. s90P0013 Page 20 Exhibit No. 21 Letter from Lakeridge to Louis Haff re: Little Bend dated March 14, 1991 Exhibit No. 22 Letter from Louis Haff to Lakeridge dated April 1, 1991 Exhibit No. 23 Variance request for 116th Avenue Southeast corridor prepared by Lakeridge Development Exhibit No. 24 Excerpts from King County 1990 Transportation Needs Report S90P0013/Lexington Square RST/sam POR 6368D DOC 6393D Kent City Council Meeting Date November 1, 1994 Category Other Business 1. SUBJECT: LID 345 - S. 218TH STREET IMPROVEMENTS 2. SUMMARY STATEMENT: At the October 18th Council meeting, direction was given to prepare the ordinance creating Local Improvement District 345 for the improvement of S. 218th Street (East Valley Highway to SR 167). In addition, Council author- ized that the City supplement the LID funding with $167,377.13 from the Miscellaneous Drainage Improvement Fund. 3. 4. 5. rim I ✓1 Cvvt C t� f'1 CL-� A) i vlc lode dr' rec-h671 C u�"" c -,I -r, e (G s t Y14 e e- EXHIBITS: Public Works Director memorandum, Puc Works Committee Minutes, Council Minutes and ordinanc RECOMMENDED BY: Public worxs (Committee, Staff, Examiner, SOURCE OF FUNDS: /3 ssion/ etc.) NO YES ✓ 7. CITY COUNCIL ACTION: Councilmember AA/viil/ moves, Councilmembe _✓ a-v� p seco to adopt Ordinance No. a00 formingy 45 for the improvement of S. 218th Street and to ize supplementing of the LID funding with $167,3 . 1 from the Miscellaneous Drainage Improvement Fund. `C h e rn e t i o n c ca r r i e d w 't h Ct Ia ✓ K) -Jo��son� Mann aV)J �jCCC4S P -FCL �jo-C, L d f�envi usan d Drr DISC S ION:er � ACTION: �'CouncilAgenda Item No. 4B PUBLIC WORKS DEPARTMENT October 10, 1994 TO: Public Works'Committee FROM: Don Wickstromoi RE: LID #345 S. 218th St (East Valley Highway to SR 167) This matter was referred back to Committee by Council for consideration of the possible cost saving concerns raised at the Public Hearing. As you will recall, the issue of deleting the sidewalk was discussed at your July 25th meeting. (Minutes and memo attached) Essentially, deleting the southerly side sidewalk saved about $17,972.06 or 1.54% of the total project cost. While 1.54% is saved, the southerly properties will only realize a little more than a third of that due to the manner in which the assessments were distributed. With respect to the traffic volumes we hope to have that available at the meeting. Please keep in mind however that while the volumes may be low, the liability issue remains. Since the Public Hearing a lot of thought has been given to what minimum improvements are needed to address the problems while keeping costs down. As such, we looked at a 24 foot wide roadway with no curb and gutter or sidewalks. Also included in the project was correcting the 'S' curve situation, constructing a drainage system to service the properties and the street, installing a cul-de-sac tum -around and, acquiring all the right-of- way for the full street. The results would be that the backbone of a street would be in, for which as the adjacent properties developed/redeveloped, or covenants expired, the fronting improvements (widening, curb and gutter, sidewalks) could be made in a cohesive manner versus the hodge-podge results that generally occur via the piece -meal approach. The problem is that while the costs are less ($167,377.13 savings) for this backbone system, it is only 14.37% less. Additionally, the real problem is that were just this backbone system constructed under the LID, the question of benefit in terms of enhanced property value could become a major issue during the LID confirmation hearing. Also, it brings into question the validity of the No Protest Agreements since many, if not all, were based on full street improvements. One possible solution to all this is that the City could supplement the funding of the drainage improvements within the project to the tune of $167,377.13. As such, the property owners would realize a 14.37% saving, the liability issues at the'S' curve would be mitigated, the assessment benefit relationship would be preserved, the potential viability of the No Protest LID Covenant would be muted, and ne%v developments, redevelopments or covenanted developments (upon expiration of the covenants) would not have to come up with hard cash to pay for the construction of their frontage improvements. Finally, the property owners and the City end up with a street that is an asset versus a liability. City's funding would come from the present Miscellaneous Drainage and Improvement Fund for which approximately $162,000 exists with the balance earmarked from the '95 funds. ACTION: Proceed with project scope as originally proposed and authorize supplementing the LID funding with $167,377.13 from the Miscellaneous Drainage Improvement Fund. PRESENT: PUBLIC WORKS COMMITTEE October 10, 1994 DON WICKSTROM GARY GILL JOHN BOND MELODY BOND PAUL MANN JIM BENNETT TIM CLARK MR. & MRS. RUST JIM RUST DON RUST LES SNODGRASS TOM GRAHAM PAUL MORFORD TOM BRUBAKER LTD 345 - S 218th Street Improvements "yy Wickstrom stated that the City was asked to look at possibly more cost savings and to look at more trip numbers. A 7 -hour count was done today (10/10/94) and there were approximately 500 trips a day on the road and about 152 of those were heavy truck trips. Clark mentioned that clearly the issue of safety was a factor of consideration. Wickstrom said there was approximately 30% of heavy truck trips that were on the road and that they counted zero pedestrians. Mann asked why have the two sidewalks if there was absolutely no pedestrian traffic? Mann then asked if we had one sidewalk would that accommodate pedestrians sufficiently? Wickstrom said that that was an option and before this went to Council it was discussed to delete the sidewalk on the south side. Wickstrom stated this amounts to about 1-1/2% of the total project cost and the way the properties were assessed, for every dollar of improvements they (south side properties) will be getting, they will only be paying 30% or 30 cents on the dollar. Wickstrom said the bulk of the property owned by Trammel Crow picked up a heavier load for the improvement costs. Wickstrom also stated that if you take the sidewalk off, Trammel Crow would have the big savings and the people along the south would see very little savings due to the way the assessments were distributed. Bennett stated he thought the issues were 1) the cost of the assessment, 2) the loss of the frontage of those parcel owners on the south side and 3) the matter of egress out of Trammel Crow out onto West Valley Highway. Wickstrom mentioned there were two egresses, the main road and the driveway to the north. Bennett said he thought this was easier for them to come out the back way versus winding through those egresses that were built for that purpose. Wickstrom stated that it was due in part to maintaining fire service and emergency access to the site. Bennett stated that if you allow more truck traffic on this road then you are obviously, by the number of trips, going to create more of a safety issue. If you lessen the amount of traffic by making them use the 1 other egress that was built for that purpose, then it's going to be more of a country type road like it was. Mann inquired about the possibility of $167,377 taken from the Miscellaneous Drainage Improvement Fund which is approximately $162,000 and noted there was still a difference of several thousand dollars. Wickstrom stated that each year the City would be budgeting for a quarter of a million dollars or more for miscellaneous improvements throughout the City and this would be an annual program that would be carried on. Wickstrom went on to say there were some commitments that were made so we may have that- money hatmoney there within the fund without having to worry about 1995 funds. Bennett asked what the total cost of the improvements would be. Wickstrom stated $1,164,000 (approximately). Wickstrom said what he looked at was what the minimum improvements would be to get a backbone system in there that as the covenants expired, and as property developed or redeveloped they could add to those existing improvements and still have a cohesive road. He noted as such, the improvements included a 24 -foot wide road section, a drainage system, a cul-de-sac on the end for a turn -around and buying all the right-of-way that was necessary. Going with this backbone system resulted in a savings of 14% of the total project cost which is approximately $167,000. Wickstrom said most of the executed agreements we have, however, relate to full street improvements. So by doing so creates a validity issue of those agreements if we were to use them. The other issue would be the benefit to the property in terms of enhanced property values. With a limited improvement like that, there could definitely be some arguments that the assessment is more than the enhanced value to the properties. Under the proposal presented, the property owners would pay for the minimum on the LID and the City would make up the 14.37% difference, which would lower the Rust's assessment to about $3,000. Jim Rust asked how the City evaluated the properties that they plan to condemn to use for the right-of-way and if the LID, (using that figure that evaluated the properties) , is going to increase the value of the properties it is supposed to. Wickstrom stated that when the City goes out to buy property the offer is based on the appraised value done by an appraiser that analyses comparable properties of recent purchases and any damages are taken into consideration. The offer is then made and negotiated with the property owner. Bennett said he was told by one individual that the LID was going to cost him $49,000, at a value of $5.00 a square foot and $200,000+ an acre. Bennett said his question was on a $49,000 LID, mathematically what was the 14%? Wickstrom said that was the Snodgrass property and that his final assessment was after 2 considering a right-of-way credit (acquisition required) and with the 14% reduction, down to a $26,000 assessment. Les Snodgrass questioned why he was required to sign LID covenants. He said he was essentially using his property as it has been used in the past for years. Wickstrom pointed out that when Snodgrass bought the property there was already an existing covenant. The previous user had buses that were putting a heavy burden on the road and had to secure a Conditional Use Permit. Snodgrass said he believed the previous owner had signed a covenant for 224th or 228th Street Improvements. Snodgrass said he had to sign for the street improvements for S 218th Street and all his business was for storing vehicles without doing any repair work, yet he was forced to sign these LID agreements in order to get an operating permit or a business license from the City of Kent. Wickstrom questioned him about whether he was required to get a variance or a Conditional Use Permit to operate in that district. Snodgrass acknowledged he needed a Conditional Use Permit but, couldn't understand why he needed one when he was doing the same thing that Voyager Bus Co. and Holmer Towing was doing. Wickstrom noted that Voyager Bus Co. did sign a road covenant and said it was a repeat of the same condition that was already existing. Snodgrass commented that there was opposition to this project and it was the City's own liability that the City was concerned about, yet the City would be spending a small fraction of the percentage of the total cost and felt the street count was very inaccurate with the Trammel Crow traffic on the street. Wickstrom stated that the counter, Melody Bond, was in the audience & according to her only about four trucks went into Trammel Crow. She took counts in the back from the Rust's driveway and could see all the driveways. There were approximately 400 passenger type/courier vans. She went on to say that maybe 20% of all the traffic was passenger vehicles out of that driveway. Wickstrom pointed out that the total protests were around it or 12% and typically if property owners are protesting they will show up at the meetings or write a letter. If they are in support, you generally do not hear from them. Snodgrass felt there was tremendous overkill on a two or three block deadend and mentioned if something needed to be done for the City of Kent's liability, why not do modest improvements on the "S" curves to make them satisfactory without the rest of the improvements. Wickstrom stated that the proposal was a basic backbone improvement that eliminates the "S" curve problem and emphasized the fact that the lanes are not adequate in width for the type of vehicles using the road. Wickstrom also said the road needed drainage to service all the properties as they redevelop or develop, plus service the street; a cul-de-sac was needed on the end and the City was buying all the right-of-way so that there would not be a property owner unable to add to the improvements. Wickstrom went on to say that when you add them up, the bill came 3• up to almost $1,000,000 and the difference on the sidewalks, curb and gutters and the widening came up an extra $167,000. Wickstrom said the City would contribute so they could keep the covenants full to resolve the validity issue. Clark mentioned the City clearly had a problem in terms of the constant growth and whether this continues to be a developing, more urban setting. Clark said the we could not pretend that, in fact, it was still farm country and we could leave farms alone. He said that was not even a possibility and said the City was liable and we would negligent if we did nothing about the circumstances. On the other side of the coin, he said the City was trying very hard to not be oppressive in terms of trying to find a way to at least restore some safety to this particular area where the City is clearly liable. Clark questioned Wickstrom whether there was any other way to make the street safer. Wickstrom replied that the City needed those basic pieces, something had to be done and this was essentially the minimum that needed to be done. Bennett felt that one day of traffic counting is not a true test of what goes on someplace and suggested that it be done over a longer period time. He continued that if there was egress out of this area through two other roads, it almost seemed like the City was using that egress to make this road, when if they used the other road that it was designed to be used for, there would not be the impact on the road. Bennett commented that if one really wanted to fix this road right, they would buy the property that affected the "S" curve and run the street straight like it should have been originally and then some of the things already discussed would make sense. Bennett felt that this was a very expensive mandate and said that he had seen all opposition to this project except from the City of Kent. He said he hadn't seen any proponents from any of the other parcels, but remarked that it seemed like the City of Kent was the spokesperson for the property owners who do not find it necessary to come to the meetings. The Committee voted (2-1) to proceed with the proposed LID as supplemented with City funds and with the stipulation that more traffic counts be taken on S. 218th Street. Wickstrom commented that the City had a landslide problem on Reiten Road just before Olympic Rise. He said that the problem was taken care of on Maclyn Street and that the City had originally budgeted for $65,000 and that $21,000 was left over. Wickstrom explained that the City was trying to squeeze two projects out of a budget that was established for one and that the difference of $6,800 could be transferred from what was left over from the completed Green River Bridge fund and be used for the Olympic Rise slid repair. The Committee voted unanimously to do a budget transfer of $6,800. C] STREET VACATIONS October 18, 1994 (CONSENT CALENDAR - ITEM 3F) mllm� Vacation STV -94-2. 3194 vacating an ly abuts Saar Street between Second and of Kent. ADOPTION of Ordinance No. unopened alley that direct along the north margin and Third Avenues in the City (CONSENT CALENDAR - ITEM 3G) 45th Place So. Street Vacation STV -94-3. ADOPTION of Ordinance No. 3195 vacating a portion of 45th Place South, a dedicated and open street in the City of Kent. STREETS (OTHER BUSINESS - ITEM 4A) LID 345 - S. 218th Street Improvements. This matter was referred back to the Public Works Committee at the Council meeting of October 4, 1994. On October 10, the Public Works Committee reviewed the issues and recommended proceeding with the project as originally proposed. The Committee, however, recommends that the City financially participate in the project in the amount of $167,377 (14.37% of total project cost), as outlined in the Public Works Director's October 10th memorandum. The Com- mittee also stipulated that additional traffic counts be provided. Public Works Director Wickstrom pointed out the location on the map and noted that a traffic count indicated that approximately 548 vehicles per day, 212 of which were trucks, use the road. WOODS MOVED to direct the City Attorney to pre- pare the ordinance creating LID 345 for the improvement of S. 218th Street and to authorize participating in the project in accordance with the Public Works Director's October 10th memo- randum. Johnson seconded. Clark stated that Mr. Wickstrom's revision is the best solution that the Committee would come up with. Bennett pointed out that he voted against this item at committee, that he has visited the area and spoken with residents, and that he feels that this will be a big expense however it is done. He noted that this is a dead-end road and said that he had never seen any pedestrians in the area. He noted that only 4 October 18, 1994 STREETS a few people live there and it will never be a residential area. He suggested that the s -curve could be dealt with in a more cost efficient way. Clark noted that he has also visited the area and that the problem is the increased traffic on the 90 -degree s -curve. He pointed out that the area is now industrial and with the increased employment in the area, foot traffic will increase. He said that this is a public safety issue and the City will be liable if the turn is not improved and there is an accident on that road. Wickstrom noted for Orr that there will be purchases of right-of-way, and that some have been deeded. He also explained that the value would be based on the land as it presently exists. Orr noted that the s -curve is dangerous but questioned whether widening the street and putting sidewalks on both sides of the street would be beneficial to the people there. She pointed out that it is a short, dead-end road, and suggested a compromise which would improve the s -curve and solve the safety issue. She expressed concern about allowing development that creates a safety issue, and noted that some of these improvements should have been done at the time of development. Clark pointed out that curbs must be put in, and that it might be prudent to put in sidewalks at the same time. Wickstrom explained that they considered widen- ing the street to 24' (two 12' lanes), taking out the s -curve, putting in drainage, and buying the rights-of-way, which amounts to $167,000. He added that assessors will view the properties and may not be able to determine benefits to them, and that adding curbs and sidewalks would make it easier. He said that dropping off the sidewalks on the south side results in a small savings in terms of the assessment. Woods voiced concern about the LID process, and noted that it results in spotty development. She suggested looking into changing the policy and not allowing any new development that does not include improvements at the time. Bennett and Orr concurred. Mayor White directed staff to look at rewriting the policy and to present their findings to the Public Works Committee, with copies to all Councilmembers. 5 October 18, 1994 STREETS The motion to prepare the ordinance creating LID 345 then carried with Clark, Johnson and Woods in favor, Houser, Orr and Bennett opposed, and Mayor White breaking the tie by voting in favor. WOODS MOVED to make a letter from James W. Pettit, owner of Lot 2, a part of the record. Orr seconded and the motion carried. Tom Graham, 8605 S. 218th, voiced concern about losing property for sidewalks and losing more property to setbacks at a later date, and sug- gested that City departments be instructed as to how to handle this in the future. He opined that sidewalks on both sides of the street is not cost effective. He said that the access road is open, though it was his understanding it would not be. He noted that because that road is open, it adds to the traffic count, and suggested putting up a sign discouraging usage except for emergency vehicles. He pointed out that there have not been any accidents in the area, and said the developer of the Kent East Corporate Park should have paid for this. Jim Rust, 8619 S. 218th Street, said the road is not a farm road, that it was formerly a through street to Benson Highway, and that it was not a dead-end street until the freeway went through. He said that people slow down when they come to the s -curve but they will not slow down for a sloping curve. Don Rust, 12719 SE 256th, said he recently inspected all streets of similar configuration in the area and found that no other street has more than one sidewalk, and that some which have greater traffic flow have no sidewalks. He also compared corners and turns, and said his findings indicate the City could and should spend their time looking at other projects which may have a greater benefit to the citizens of Kent. He questioned why the City has pushed this project with such vigor, and said the only reason given at a recent com- mittee meeting was the City's liability. Rust said it appears to him that since the City is self-insured, individual land owners are ex- pected to underwrite the City's liability. He said that this should be a bond issue, not an 2 October 18, 1994 STREETS LID, because it affects not only the property owners on 218th. Rod Bailey, representing Parcel #6 at 3605 S. 218th, pointed out that the small property owner loses something if the ordinance does not contain departmental guidance that future setback requirements on the property should not be impacted. TRAFFIC (OTHER BUSINESS - ITEM 4C) CONTROL (ADDED) James Street Traffic. Jerry DePinto, 731 N. Jason, showed a 4 -minute video showing the amount and speed of traffic on James Street. He noted that school children use the sidewalks in the area and that people have difficulty cross- ing the street. He suggested that patrols are needed during school hours. DePinto noted that an elderly man was killed while trying to cross the street, that a vehicle ran into a house last summer and that drivers run red lights. Mayor White offered to meet with Mr. DePinto, the Chief of Police, and the Public Works Director to try to come up with a solution. Council agreed and the Mayor asked that an appointment be set up as soon as possible. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3D) Reiten Road Landslide Repair. AUTHORIZATION to transfer $6,800 from the completed Central Avenue Green River Bridge Project Fund to the Reiten Road Landslide Repair project. The City has received a bid from Pile Contrac- tors Inc. for $24,400.00 for this project. The costs will total $28,400.00 which includes $4,000 for work required by City crews. The budget for this project is from the Reiten Road Landslide Repair at Maclyn Street, which is being used to construct two repair projects out of a budget established for one. The Public Works Committee has recommended the transfer of $6,800 from the completed Central Avenue Green River Bridge Project fund (R96) to the Reiten Road Landslide Repair project. 7 /1 t"1 `Jnr �T CITY OF KENT, WASHINGTON ORDINANCE NO. 6- AN ORDINANCE ordering the improvements to be made by i the widening of South 218th Street from the East Valley Highway east to SR 167, including water and sewer stub extensions to unserviced property, all in accordance with Resolution No. 1403 of the City Council; establishing Local Improvement District No. 345 and ordering the carrying out of the proposed improvement; providing that payment for the improvement be made in part by special assessments upon the property in the District, payable by the mode of "payment by bonds"; and providing for the issuance and sale of local improvement district warrants redeemable in cash or other short-term financing and local improvement district bonds. WHEREAS, by Resolution No. 1403 adopted September 61 1994, the City Council declared its intention to order the improvements to be made by the widening of South 218th Street from the East Valley Highway east to SR 167, including water and sewer stub extensions to unserviced property, and fixed October 41 1994, at 7:00 p.m., local time, in the Council Chambers of the City Hall as the time and place for hearing all matters relating to the proposed improvement and all comments thereon and objections thereto and for determining the method of payment for the improvement; and WHEREAS, City's Director of Public Works, caused an estimate to be made of the cost and expense of the proposed improvement and certified that estimate to the City Council, together with all papers and information in his possession touching the proposed improvement, a description of the boundaries of the proposed local improvement district and a statement of what portion of the cost and expense of the improvement should be borne by the property within the proposed district; and 0156239.02 -1- WHEREAS, that estimate is accompanied by a diagram of the proposed improvement showing thereon the lots, tracts, parcels of land, and other property which will be specially benefited by the proposed improvement and the estimated cost and expense thereof to be borne by each lot, tract and parcel of land or other property; and WHEREAS, due notice of the above hearing was given in the manner provided by law, and the hearing was held by the City Council on the date and at the time above mentioned, and all objections to the proposed improvement were duly considered by the City Council, and all persons appearing at such hearing and wishing to be heard were heard; and WHEREAS, the City Council has determined it to be in the best interests of the City that the improvement as hereinafter described be carried out and that a local improvement district be created in connection therewith; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO ORDAIN as follows: Section 1. The City Council of the City of Kent, Washington (the "City"), orders the widening of South 218th Street from the East valley Highway east to SR 167, including water and sewer stub extensions to unserviced property within the boundaries of the local improvement district. All of the foregoing shall be in accordance with the plans and specifications therefor prepared by the City's Director of Public Works, and may be modified by the City Council as long as such modification does not affect the purpose of the improvement. 0156239.02 -2- Section 2. There is created and established a local improvement district to be called Local Improvement District No. 345 of the City of Kent, Washington (the "District"), the boundaries or territorial extent of the District being more particularly described in Exhibit A attached hereto and by this reference incorporated herein. Section 3. The total estimated cost and expense of the improvement is declared to be $1,181,160.86. Approximately $997,243.59 of the cost and expense shall be borne by and assessed against the property specially benefited by such improvement included in the District which embraces as nearly as practicable all property specially benefited by such improvement and the balance of such cost and expense shall be paid by the City. Section 4. In accordance with the provisions of RCW 35.44.047, the City may use any method or combination of methods to compute assessments which may be deemed to more fairly reflect the special benefits to the properties being assessed than the statutory method of assessing the properties. Section 5. Local improvement district warrants may be issued in payment of the cost and expense of the improvement herein ordered to be assessed, such warrants to be paid out of the Local Improvement Fund, District No. 345, hereinafter created and referred to as the Local Improvement Fund, and, until the bonds referred to in this section are issued and delivered to the purchaser thereof, to bear interest from the date thereof at a rate to be established hereafter by the Finance "''`:''' Director '#°`am, as issuing officer, and to be redeemed in cash and/or 0156239.02 -3- by local improvement district bonds herein authorized to be issued, such interest-bearing warrants to be hereafter referred to as "revenue warrants." In the alternative, the City hereafter may provide by ordinance for the issuance of other short-term obligations pursuant to chapter 39.50 RCW. If the City shall authorize expenditures to be made for such improvement (other than for any cost or expense expected to be borne by the City) prior to the date that any short-term obligations or local improvement district bonds are issued to finance the improvement, from proceeds of interfund loans or other funds that are not, and are not reasonably expected to be, reserved, allocated on a long-term basis or otherwise set aside to pay the cost of the improvement herein ordered to be assessed against the property specially benefited thereby, the City declares its official intent that those expenditures, to the extent not reimbursed with prepaid special benefit assessments, are to be reimbursed from proceeds of short-term obligations or local improvement district bonds that are expected to be issued for the improvement in a principal amount not exceeding '... The City is authorized to issue local improvement district bonds for the District which shall bear interest at a rate and be payable on or before a date to be hereafter fixed by ordinance. The bonds shall be issued in exchange for and/or in redemption of any and all revenue warrants issued hereunder or other short-term obligations hereafter authorized><»€>>>;' 3t�ed in cash within twenty and not redeem Y 0136239.02 -4- days after the expiration of the thirty -day period for the cash payment without interest of assessments on the assessment roll for the District. The bonds shall be paid and redeemed by the collection of special assessments to be levied and assessed against the property within the District, payable in annual installments, with interest at a rate to be hereafter fixed by ordinance under the mode of "payment by bonds," as defined by law and the ordinances of the City. The exact form, amount, date, interest rate and denominations of such bonds hereafter shall be fixed by ordinance of the City Council. Such bonds shall be sold in such manner as the City Council hereafter shall determine. 0156239.02 -5- ...:. 9`.9l_. ------------ :: __° .: # .� ': & _ 'd .F. a IS ..... M q _.. .. ,_ g.: x -Off F. �.._: - - b - - n a a #_ . .. =9 # ^. # a. S ., - q n W a� g .. q # ...F. :wa % e q - #- ^ tR' . s .n.F_._ 3 Fia » : } g a .,. q: ag aF ��.::_.:.: 11x: g q ` 0156239.02 -5- Section is In all cases where the work necessary to be done in connection with the making of such improvement is carried out pursuant to contract upon competitive bids (and the City shall have and reserves the right to reject any and all bids), the call for bids shall include a statement that payment for such work will be made in cash warrants drawn upon the Local Improvement Fund. Section The Local Improvement Fund for the District is created and established in the office of the VM Finance Director b The proceeds from the sale of revenue warrants or other short-term obligations drawn against the fund which may be issued and sold by the City and the collections of special assessments, interest and penalties thereon shall be deposited in the Local Improvement Fund. Cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the improvement and cash warrants in payment for all other items of expense in connection with the improvement shall be issued against the Local Improvement Fund. Section Within 15 days of the passage of this ordinance there shall be filed with the Finance >: >>E" '' Director -f: the title of the improvement and District number, a copy of the diagram or print showing the boundaries of the District and the preliminary assessment roll or abstract of such roll showing thereon the lots, tracts and parcels of land that will be specially benefited thereby and the estimated cost and expense of such improvement to be borne by each lot, tract or parcel of land. The Finance >r'g Director i3 ;:~ #":;`: :'::. �8i<`:�_' immediately shall post ��„�,,,, �,"� r}RIIIlR�II III ILI II Il III II IIII !II the proposed assessment roll upon her index of local improvement 0156239.02 -6- assessments against the properties affected by the local improvement. Section #1. This ordinance shall take effect and be in force five (5) days from and after its passage and five (5) days following its publication as required by law. By ATTEST: BRENDA JACOBER, City Clerk APPROVED AS TO FORM: Special Counsel and Bond Counsel for the City JIM WHITE, Mayor Passed the 1st day of November, 1994. Approved the day of November, 1994. Published the day of November, 1994. I 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 0156239.02 -7- 1. SUBJECT: SENIOR CENTER MINI BUS Kent City Council Meeting Date November 1, 1994 Category Bids 2. SUMMARY STATEMENT: Two bids were received to purchase a bus for the transportation of seniors involved in activities with the Senior Center. Bryant Motors, Inc. was the low bidder at $59,127, plus tax. Budgeted amount was $60,000. The differ- ence will be made up within the Parks Department budget. 3. EXHIBITS: Memo of bid tabulation 4. RECOMMENDED BY: Operations Committee Yarxs ue a (Committee, Staff, Examiner, Commi Sion, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO, 2-1 SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: YES X Councilmember ( 1 moves, Councilmember Lt-u.a-e/v seconds to award the bid for the Kent Senior Center Mini Bus to Bryant Motors, Inc., in the amount of $59,127, plus tax. DISCUSSION: '"-F- ACTION: v�g' v\_ Council Agenda Item No. 5A MEMORANDUM Date: October 19, 1994 To: Lea Bishop, Senior Center n p From: Jack Spencer, Fleet Manag$so Subject: Purchase of Mini Bus On October 12, 1994 Equipment Rental received bids for the purchase of a Mini Bus with sea:ng for 20 passengers and 2 wheel chairs. The bids were from: A. Emmett Koelsch Coaches Longview, WA 98632 (206) 577-8100 Startran Bus $56,122.00 Telma Brake Retarder 4,000.00 Electric Step 395.00 Second Roof Hatch & Fan 350.00 $60,867.00 TOTAL + 7.6% Sales Tax B. Bryant Motors Inc. Renton, WA 98055 (206) 255-3478 Champion Motor Coach $53,627.00 Telma Brake Retarder 5.500.00 $59,127.00 TOTAL + 8.2% Sales Tax I have reviewed the bids from both of these suppliers and found them to be acceptable. Each one has a couple of minor things that don't meet specifications but on all the important things they qualify. I am recommending we accept the bid from Bryant Motors, the lowest bidder. JP/smc AAER060.WPF i Ll �,-2, _ / 7 S S �7-' s. / a` 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 G. PARKS COMMITTEE ADMINISTRATIVE REPORT OPERATIONS COMMITTEE MINUTES SEPTEMBER 28, 1994 COMMITTEE MEMBERS PRESENT: Jon Johnson - Chair, Leona Orr, Christi Houser STAFF PRESENT: Norm Angelo, Cliff Craig, Karen Ford, Roger Lubovich, Brent McFall, May Miller, Kelli O'Donnell, Sue Viseth MEMBERS OF THE PUBLIC: Cheryl Reid -Valley Daily News The meeting was called to order at 9:35 a.m. by Acting Chairperson Christi Houser (Committee Chair Johnson arrived approximately 9:55). Avnroval of Vouchers All claims for the period ending September 15, 1994, in the amount of $2,268,181.99 were approved for payment. August Financial Report Finance Division Director May Miller reviewed the August financial report with the Committee. May noted on page one that the general fund revenues are 2% over budget as of August. On page 4 - 6 it was noted that sales tax has been holding steady with a slight increase and that September 1993 compared to September 1994 shows an increase while the year to date retail sales have increased from 27.8% to 31.3%. Contracting has decreased while manufacturing had a one time increase in 1993. May noted that her sales tax report detail shows that 591 new agencies are reporting out of a total of 4,609 business reporting in 1994. Of the new businesses, 212 are services which points to the sales tax base becoming more diversified. May reviewed the utility tax revenue stating that the 1995 utility tax will be budgeted approximately 5.2% over 1994 inclusive of the fee increases. During further review, building permit revenue was noted to be down 4.3% with building valuations also lagging behind the 1993 levels. Recreation fees continue to be down and May stated that a budget adjustment will be recommended for 1995. Fines and forfeitures were reported to be 1.6% over budget. The water operating revenue increase of 3% appears to be reflective of the hot summer which is also reflected in the sewer and drainage revenue. A discussion followed regarding the golf course operating revenue during which Brent McFall stated that capital needs are being looked at which will be brought back to the Committee when a finance plan has been established. Miller distributed a break down of payments made to the golf course director. May reviewed the adjustments to be made to the 1994 budget on page 16 and noted the preliminary Mayor Recommends column which forecasts an increase in salaries and benefits of 3.5% for COLA's, a 20% drainage rate increase, and the addition of fire equipment to the reserve fund. She added that details of the recommended budget would be discussed in detail at the budget workshop. The expense analysis on page 17 breaks down the budget by each department. May explained that the increase in the Council budget was the result of the addition of benefits for Councilmembers. Administrations budget reflects increases in civic affiliations such as AWC, Puget Sound Regional Council, the Chamber of Commerce, etc. and the Court increase is the result of the addition of the probation contract for a full year as well as additional computer costs. Development Services has been transferred to the Planning Department; Police shows the increase in cost of Drinking Driver Task Force of $10,000 to replace a lost grant; and, the Fire Department increase is due to the fire equipment replacement program. Public Works includes the drainage increase and the Parks Department includes the changes in the Saturday Market program and the addition of the youth teen program. A $30,000 incentive program has also been added for 1995 to encourage departments to use budgets more efficiently. The overall recommended budget if adopted would be 2.2% over 1994 and includes the library annexation. The CIP preliminary baseline outlined on page 18 includes a 1% increase OPERATIONS COMMITTEE MINUTES, Cont. September 28, 1994 in the fund balance. A discussion followed of the starting time for the budget workshop. Johnson recommended that it begin at 5:30 and use as much time as needed. Employee Assistance Program Contract Human Resources Manager Sue Viseth distributed a handout which gave specific information on the services provided by the proposed Employee Assistance Program (EAP). Sue explained that the City had previously contracted for these services but the program was discontinued in 1991. She stated that EAP's are used to augment the mental health benefits which employees receive and cover such areas as counseling for troubled teenagers, drug and alcohol problems, and divorce. She noted that these types of problems impact employees work and the EAP provides confidential services and is a local firm. She explained the proposed program would offer three free consultations which would result in either resolution or referrals to continue services if necessary. Viseth stated that there has been a significant increase in mental health benefits used by employees and in addition training Would be offered to supervisors to help refer employees to needed services. She continued that an employee task force was used to solicit RFP's and interview the seven respondents. Funds have been allocated. Sue asked for authorization for the Mayor to enter into a contract with Maschoff, Barr & Associates and to add this item to the consent calendar of the next City Council meeting. Houser moved to authorize entering into an Employee Assistance Program contract to be put on the consent calendar of the next City Council meeting. Orr seconded and the motion passed 3-0. Christi Houser asked what impacts the Washington State Health Reform would have on the City. Sue responded that the national health reform is currently on hold and that they are monitoring the State reform. She stated that they are not sure of the impacts since the City is self insured and that she will be working with the City's broker as it develops. Resolution VallexMedical Center's Proposed Tax Lew LID Lift Fire Chief Norm Angelo stated that the Public Safety Committee has requested that the City look at adopting a resolution to address the issues raised by the proposed levy LID lift. Angelo noted that the Green River Flood Control Board had been approached with a five year deferral of impacts which was rejected. Angelo explained that two options have been proposed for Council consideration. He noted that this is an ongoing problem for junior taxing districts which, if the funds go away, results in higher risk or higher cost to the public. He emphasized the need for public education. After further discussion, it was noted that the first resolution emphasizes the need for citizens to educate themselves on the impacts on public safety of the levy LID lift. The second resolution includes the information from the first and in addition states that the City opposes the proposed tax levy LID lift. Angelo stated that the Fire Department is not adversarial toward the hospital it is more a question of the taxing issues and the need to make people aware of those issues. A discussion followed regarding the possibility of creating a utility bill stuffier on the City's position and the impacts the levy LID lift would have if passed. Lubovich recommended a change in the language regarding "informed voters" to read "encourages all citizens to become informed as to the impacts related ...". Councilmember Houser moved to recommend Page 2 OPERATIONS COMMITTEE MINUTES, Cont. September 28, 1994 the resolution that opposes the Valley Medical Center's proposed Hospital District tax LID lift with the recommended changes, Orr seconded the motion. The motion passed 3-0. Procurement Ordinance & Policies (Cont.] Roger Lubovich stated that the comparisons of the current policies and the proposed policy had been distributed with the agenda. Houser stated that she had read the information and noted her concern relating to item 4. She suggested that the $50,000 limit be reduced to $25,000 for Council approval. Orr agreed with the suggestion. Roger informed the Committee that a telephone survey of neighboring cities varied. McFall noted that no number was set, it was left to the comfort level of the Council. Johnson asked if the change in the $50,000 limit would impact the other limits. Orr noted that item 5 should reflect the lower limit for professional consultant contracts. Lubovich agreed. Orr asked if any changes to City policy would be brought back to Council. McFall stated that they wouldn't but it could be stipulated in the ordinance that the Mayor promulgate regulations to be approved by the City Council. Houser moved to recommend adoption of the procurement ordinance and policies with the changes in items four and five in the comparison list discussed and adding Council approval for changes to any regulations. LID 344 - Installment Note and Ordinance May Miller stated that the proposed LID 344 is being recommended to save the costs of printing and distributing bonds. Miller requested that the Committee approve the ordinance and authorize the Mayor to sign it. Roger noted that there might be some minor changes to the final ordinance but it would be substantially the same. Orr moved to recommend approval, Houser seconded and the item passed 3-0. LII? 342 - Installment Note and Ordinance Miller noted that LID 342 was similar and would be used for the Smith Street sidewalks. Orr moved to recommend approval, Houser seconded and the motion passed 3-0. Puget Power Receipting - Letter of Agreement May informed the Committee that a letter of agreement had been negotiated with Puget Power. Customer Services would accept checks and money orders only to begin with. May requested approval to enter into a letter of agreement. Orr so moved, Houser seconded and the motion passed unanimously 3-0. Added Items Committeemember Orr requested an accounting of cellular phone usage. She specified that she would like to know who was using them, etc. since the bill for them continues to increase. McFall noted that a policy had recently been put into place to bill back personal use of cellular phones and that the requested report would be brought to the next Operations meeting. McFall informed the Committee that the Police Department will be soliciting funds for the annual Youth Academy is soliciting funds and will be setting up an account to receipt collected funds into. There being no further business, Committee Chair Johnson adjourned the meeting at 10:40 a.m. Page 3 >lf C"At Parks Committee Minutes October 4, 1994 Council Present: Christi Houser, Chair; Paul Mann; Jim Bennett Judy Woods, President; Leona Orr Staff Present: Mayor White, May Miller, Cheryl Fraser, Helen Wickstrom, Pamela McFall, Julie Stangle, Tracey Wickersham, Lori Hogan, Sally Gilpin, John Hodgson, Tom Brubaker, Teri Stump Others Present: Jennifer Stoner, Saturday Market; Harold Perantie, Golf Advisory Board; Clarence Foster, WSLCB; Tyler Malejko, Jungle Gym; Mike Powers, Bowen Scarff Ford; Don Wickstrom, 16914 SE 331st Street, Auburn, WA 98002 SATURDAY MARKET REPORT: Jennifer Stoner presented the Saturday Market Report. Jennifer stated that the biggest determent to the Market is the lack of shelter during rainy weekends. She added that this is the biggest issue to resolve. Revenue is up 29% over last year. A vendor meeting will be held on October 10 for vendor debriefing and discussion on the results of the vendor survey. Councilmember Mann asked about a cover for vendors/customers during inclement weather. Jennifer Stoner has researched canopies; the cost for a 30 x 150 foot canopy is quite expensive, $17,000 and is quite cumbersome to construct. Jennifer suggested leaving it up for the entire season so that the Market could charge a higher rate for vendors utilizing it and they could also extend the Market season (from March/April to November). John Hodgson suggested soliciting a tent and awning company to donate or discount. Jennifer will continue research into tents/canopies. SATURDAY MARKET CONTRACT: This is renewal time for the Saturday Market Contact; John Hodgson requested authorization to make the following changes: 1. Extend the length of the contract from one year to five years. 2. Change the Saturday Market logo. 3. Payment to the Market from $23,000 - $25,000 (allows purchase of replacement equipment). 4. The return from the Market from $30,000 or 20% above $25,000 (whichever is greater). All other items in the contract shall remain the same. Councilmember Bennett suggested the contract also be changed from a 30 -day termination clause to a 60 -day termination clause. Councilmember Mann moved to accept renewal of the Saturday Market Contract and include the above written changes, including changing the 30 -day termination clause to a 60 -day termination clause. Jim Bennett seconded the motion. The vote was unanimous, 3-0. GOLF ADVISORY BOARD REPORT: Harold Perantie summarized the unapproved minutes from the Golf Advisory Board meeting of September 28, 1994, as follows. May Miller reported that revenue was lower than expected on the 18 -hole range and mini putt. The Women's Club voiced concerns over the poor phone coverage at the Golf complex. The Men's Club donated $2,000 to Junior Golf; they now have 1,050 members and will be hosting the TGA Club Championship on October 8. The Pro -Shop has been renovated and staff is doing well. The Advisory Board voted unanimously not to implement a resident fee this year. Councilmember Bennett will talk to the Advisory Board in November, with implementation of a resident discount fee plan by next spring. John Hodgson will have a program prepared by that time. John then recommended the Advisory Board have more structure and proposed the Board develop By -Laws; the Board voted and agreed unanimously. Mayor White advised the council that John Hodgson is the legal advisor for the Golf Course as written in the S.S.M.D. contract and bonds and that the enterprise fund is set up to pay for itself, it is not general fund. GOLF COURSE MASTER PLAN: John Hodgson reviewed the conceptual plan for the Golf Course Master Plan. Reports were distributed on the Facility Improvement Plan, Golf Complex Revenue Bonds/Refunding and Capital Improvements Analysis and a Proposal for Providing Revenue Effecting Enhancements from S.S.M.D. Some components of the Parks Department Facility Improvement Plan include: 1. Re -design driving range 2. Increase netting height 3. Re -design mini putt 4. Increase paving in high traffic areas 5. Add tees 6. Extend designated fairways 7. Construct pond on 13 and Par 3 8. Rebuild greens on 14 9. Construct irrigation system. May Miller discussed the financial and investment portion of the Master Plan. She stated that the proposed investment of bonds to finance this venture was sound. Councilmember Mann asked Mayor White's feeling on this investment; Mayor White stated that it was a logical step to take. John Hodgson asked for authorization to re -finance and proceed with design. Chair Houser said that she wants to have more time to review the documents which were distributed at the meeting. Councilmember Bennett stated that he hoped this project doesn't take as long as the Golf Course restrooms project has. John Hodgson accepted full responsibility for the delay in restroom construction which was done in-house to save money and added that this project would be done through outside services. TUDOR SQUARE: This project is a cooperative effort between the Tudor Square neighborhood and the Parks and Recreation Department. John Hodgson reported that Jack Ball and Public Works have been working together to level and move the dirt from playground construction. A playground "raising" party is scheduled for November; the council will be invited. YOUTH/TEEN PROGRAM UPDATE: John Hodgson read the council minutes which authorized the development of a Youth/Teen Program. John reiterated that 16 months ago a proposal was accepted to create a teen program focusing on East Hill, Valley and West Hill of Kent, developed to match the "Target Issues" outlined by the City Council and Ordinance 3174, as it was written and accepted. Project overview: Expand Project Lighthouse; Apartment Based Recreation; Teen Leadership; Mobile Recreation; Outdoor/Environmental Programs; Outreach; Late Night Basketball and an Arts Program through the King County Arts Commission. The city-wide youth/teen committee has been meeting to coordinate mutual efforts for youths. Discussion has surrounded developing partnerships: school coalition; community coalition; business coalition and a youth/teen summer employment program. Page 2 John Hodgson continued with review of the program budget. Chair Houser was concerned with too much money going to staff salaries; she asked about contingencies, supplies, computers, etc. John Hodgson replied that these items are figured into the budget and that he wants to put as much staff as possible on the street. He wants to create partnerships with the community and limit the purchase of supplies. Councilmember Bennett referenced redundancies in the programming and asked who this will single out. John responded that it singles out at-risk kids. Chair Houser asked about what Apartment complexes this involves. John replied, they will go to as many as the money takes them; by getting the most for our money and working cooperatively with the apartment complexes. He added that the programs might be redundant, but we need to go where the youth are; to find out how to get them involved. It is proven successful in other park youth programs. Councilmember Bennett asked that an oversight committee be set up to monitor the results; he doesn't see results in the existing Lighthouse Program. Chair Houser asked for any statistics on Project Lighthouse. John Hodgson stated that he is not prepared with statistics, but he has this information. John added that some programs will be successful and some won't. If not, they will move on. Chair Houser stated the importance of jobs for youth. John Hodgson replied that jobs are out there and added that when he started this program he was directed to create a recreation program for youth and that is what he did. Chair Houser responded that this it was exactly what they asked for and better than what was expected. Mayor White added that he is putting the finishing touches on the Mayor's Youth Advisory Council that will be implemented through his office on youth programs; this might address Councilmember Bennett's request that an oversight committee be established. John Hodgson asked for authorization to proceed with staffing for the program. Chair Houser responded that tonight is not enough notice for action. Councilmember Bennett added that he will not vote to proceed. John Hodgson stated that he needs direction, he wants to get started. Chair Houser reiterated that she wants time to study packets prior to authorization to proceed. JUNGLE GYM: Tyler Malejko introduced himself, Clarence Foster Liquor Enforcement Agent of the WSLC Board, Mike Powers, Shop Foreman at Bowen Scarff Ford and referenced Russ Stringham, owner of the Hungry Bear; all are involved in the proposed teen center plan. He shared statistics on crime rates for youth and stated that at-risk kids tell him they want to "do it" on their own. This plan would address their needs by encompassing three popular youth venues: a health club, a social club and a restaurant. The center would be run by youth with minor staff supervision. An automotive mentorship program would also be available. The youth would earn credit for working at the center and for proper behavior. They can spend this credit at the youth center (it would be open to the public too). Tyler mentioned using the empty building on 4th and Meeker, which is 16,000 sf. Tyler Malejko then asked that the utility tax money be allocated to his proposed Youth Center. Councilmember Bennett said it has some innovative ideas and that the committee needs the opportunity to look at the Parks program and the co-op teen center. Council Chair Houser asked for legal issues. Tom Brubaker responded that it would depend on the particular facts of this proposal; pertaining to financial structure. Tyler Malejko stated that he spoke to City Attorney Roger Lubovich who felt it could be worked out. Page 3 Mike Powers of Bowen Scarff Ford, Kent resident, Chair for the Vocational Education for Kent High School and Advisory Chair for Kent School District Automotive Advisory Board. He stated that he is actively involved in youth services in the community and stated that this program is self sufficient. He has never seen such a promising program and that the program funds itself. He added that if the program doesn't work, no money is lost. Clarence Foster, Liquor Enforcement Agent of WSLCB for the Kent area said he and Tyler started a non- profit "America Drug Free Promotions Group". He has degrees in criminal justice, business and sociology; he understands at -risk youth. Through his position he has a lot of interaction with kids on the street. They currently go to local schools and present a drug/alcohol program and put on a power lifting presentation to peak kid's interest. He commented that businesses are very interested in helping local youth programs financially. Councilmember Mann commented on how exciting it is to see this focus on our youth. He also asked John to see if they can incorporate these programs together. He is concerned that the City of Kent's "Target Issues" don't refer to programs for just at -risk youth, they refer to programs for all youth in the community. John Hodgson asked what we do if another program is proposed. Chair Houser referred to Tom Brubaker. Tom replied that a request for proposals from the public at -large would have to be submitted and would delay initialization of a program 2-1/2 to 6 months. yler Maleiko added that their staff position would be in an advisory capacity and would be only 10% of the funds. Councilmember Mann asked Tyler if all of the councilmembers have received his plan; Tyler said they have. Clarence Foster of the WSLCB stated that it would be a shame if the city didn't give everyone a chance to present a program; that it would be better to have all of the ideas than just one. The meeting adjourned at 6:35 p.m. Page 4 GOLF ADVISORY BOARD MEETING MINUTES SEPTEMBER 289 1994 Attendees: Dan Farmer, Joe Slye, R.T. Roscoe, Steve Dowell, May Miller, Tom Savoy, Jim Stone, Dick Sagan, Rosemary Mastro, Pati Greeny, John Hodgson Meeting was called to order by Dan Farmer at 5:42. p.m. Minutes of August were approved as sent. Chairman's Report: None. Financial Report: May Miller gave the financial report. She noted revenues were lower than expected on the 18 -hole range and mini putt. S.S.M.D. is doing well in areas of concessions and merchandise. Women's Club Report: Patti Greeny reported a concern for the phones not being answered before dusk. She is concerned tee -times are not being made because the night recording is turned on before closing hours. Men's Club Report: Joe Slye reported they have 1,050 members. He noted that S.S.M.D. is computerizing "money on books" from tournaments. He noted that issues with Jim Stone and Tom Sovay are improved with the Men's Club getting more help at tournaments. The club donated $2,000 to Junior Golf. There was discussion on Junior Golf and the desire to expand it beyond a year-round program. Dan Farmer proposed a committee headed by Jim Bennett to develop a large-scale program. The committee includes: Gary Lueckany, Men's Club Vice President; Tom Sovay; Dan Farmer; Deb Doles, Women's Club and Dave Heldt, Kent Parks. The club is hosting the TGA Club Championship on October 8. Operation Activity Report: Jim Stone reported that the Pro -Shop had been renovated, staffing is coming around and he is getting good response from tournaments. Public Comment: There was discussion on the Friday (prime time) senior fee and resident fee. The resident fee was delayed until the first of the year. Steve Dowell motioned Rosemary Mastro seconded, that the Golf Advisory Board recommend to the Parks Committee that the city not implement a resident fee at the Riverbend Golf Complex Motion passed unanimously. Old Business: There was discussion on the phone tee -system, the marshalling program is being redesigned for next spring. The propane tank will have a protective fence when the asphalt is put in after the October 8 tournament. The Master Plan is going to the Parks Committee on October 4. New Business: John Hodgson discussed the need to have more structure with the Advisory Board. He proposed that the Board develop By -Laws. Steve Dowell motioned Rosemary Mastro seconded, that the Advisory Board recommend that the Parks Committee continue the function of the Golf Advisory Board and that the Board establish By -Laws to better structure itself. The meeting adjourned at 7:34 p.m. The next meeting is scheduled for Wednesday, October 26 at 5:30 p.m. CHANGES: Item Length Use of logo Payments to Sat. Market* Return to City KENT SATURDAY MARKET CITY OF KENT DOWNTOWN PARTNERSHIP CONTRACT HIGHLIGHTS From One year City/Sat. Market $23,000 $30,000 To Five years City/New Sat. Market $25,000 $30,000 or 20% Whichever is greater (1994 would have been 34,000) * Allows Saturday Market to purchase replacement equipment (i.e. umbrellas/signs). These items are available for use by the City of Kent Parks Department. Items that remain the same: Maintain the Advisory Board Money deposited in the city account 30 -day termination clause Provide monthly reports to the Parks Committee CITY COUNCIL PLANNING COMMITTEE September 20, 1994 4:00 PM Committee Members Present Leona Orr, Chair Jon Johnson Judy Woods Planning Staff Lin Ball Betsy Czark Jim Harris Margaret Porter Bob Hutchinson City Attorney's Office Laurie Evezich Other City Staff Other Guests GROWTH MANAGEMENT UPDATE - (Fred Satterstrom) Planning Manager Fred Satterstrom informed the Committee he would combine this item with item number three, Ratification of the County -Wide Planning Policies. BUILDING PERMITS FOR RE -ROOFING WORK - (B. Hutchinson The Building Official, Bob Hutchinson, reported that over the past year inquiries have been made regarding the possibility and propriety of eliminating building permit requirements for re- roofing. He referenced a staff report that was in the agenda packet which summarizes the research done on this issue. Mr. Hutchinson said the State establishes the UBC as being in effect statewide and significantly limits cities' power to amend it. The UBC requires that building permits be obtained for re- roofing work. He explained the State does provide authority for cities' to amend the UBC exempting permit requirements on certain limited construction or alternation to single-family buildings, duplexes, private garages and sheds. Such exemptions are limited to exclude projects with a valuation exceeding $1500; those affecting structural components; and those reducing air and ventilation conditions. Bob stated if put into effect, such exemptions would apply only to a small, limited class of re -roofing projects. The analysis required to determine exemption eligibility would create delays for our customers well in excess of the time currently needed to obtain a re -roofing permit, as these are CITY COUNCIL PLANNING COMMITTEE MINUTES SEPTEMBER 20, 1994 PAGE 2 normally issued over the counter. In addition, this could create an appearance of unfairness and inconsistency, as an exempt project might well appear to the lay person to be identical to one requiring a permit. Bob reported the staff recommendation is that the existing requirements and system be retained, as the limited exemptions possible are more likely to work to the overall detriment of our customers than to their benefit. This item was for information only. RATIFICATION OF COUNTY WIDE PLANNING POLICIES - (F. Satterstrom) Enclosed in the agenda packet was a copy of the "Recommended Amendments to King County 2012 Countywide Planning Policies Adopted by the King County Growth Management Planning Council May 25, 1994". Mr. Satterstrom passed out King County Council Ordinance No. 11446 adopting and ratifying amendments to the Countywide Planning Policies. Fred reported Ordinance No. 11146 mentions the ratification process as follows: "The King County 2012 Countywide Planning Policies adopted by this ordinance shall become effective when ratified by ordinance or resolution by at least thirty percent of the city and county governments, representing seventy percent of the population of King County according to the interlocal agreement. A city shall be deemed to have ratified the King County 2012 Countywide Planning Policies unless, with ninety days of adoption by King County, the city by legislative action disapproves the King County 2012 Countywide planning policies" (page 3). Mr. Satterstrom clarified that if the City of Kent does nothing, the City would have been assumed to have ratified it. Fred prepared and presented a three-page highlighted list (Exhibit A attached) of impacts of the Countywide Planning Policies that directs the Planning Department to do something in regards to the Department's work program for the remainder of 1994, 1995, and beyond. Other City departments' work programs are also affected but the main implementation is the Planning Department's responsibility. Planning Director Harris mentioned there is an extended work program in regards to the potential annexation areas and he is working on this. Council members raised concerns that the City of Kent adopted the 1987 Federal Manual for Wetlands in their wetlands ordinance versus the fact that the Countywide Planning Policies identify the 1989 Federal Manual for wetlands. Mr. Harris reported he sent a letter to Mr. Jim Reed in King County requesting a meeting to assist the City on the final annexation CITY COUNCIL PLANNING COMMITTEE MINUTES -•, SEPTEMBER 20, 1994 PAGE 3 boundary in the Soos Creek Planning area and also help out with the details for the type of services that the City might be expected to provide there. Fred stated more discussion will occur at the next meeting regarding the urban center designation. The proposed Comprehensive Plan is not an urban center designation proposal but Fred would like to discuss the idea of keeping this designation so not to reduce the priority for transit or other regional funding. ADDED ITEMS 1995 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM - (B. Czark) Planner Betsy Czark informed the Committee the proposed 1995 CDBG Program that the Planning Committee recommended for approval on September 6, 1994 needs revising. She reported one of the agencies, Grace Fellowship Church, has withdrawn its human service application. This frees up the $8,316 that was allocated to that program. Betsy reported staff recommends that this money be reallocated according to the contingency plan the Committee recommended for approval on September 6, 1994. This included two human services projects, Community Health Center and YWCA Domestic Violence Housing, are to receive $2,500 to $2,000 more, respectively, and would be funded fully. The remaining $3,753 (this figure was corrected at the meeting from the memo that was passed out) would go to King County Housing Authority's Nike Housing Community's capital project. This project replaces the roofs of Kent's valuable emergency and transitional housing serving Kent families and elderly. Staff recommended that the Planning Committee take the following action: 1. Approve the revised proposed 1995 Community Development Block Grant Program. Councilmember Johnson MOVED and Councilchair Woods SECONDED a motion to approve the aforementioned action. Motion carried. ADJOURNMENT The meeting adjourned at 5:05 p.m. PC0920.MIN MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING OCTOBER 18, 1994 Present: Jim Bennett Ed Allen Christi Houser Ed White Tim Clark Darin Westover Roger Lubovich Several unidentified citizens Meeting called to order 5:08 p.m. by Chairman Jim Bennett. ADDED ITEMS: Handicapped Parking Stalls Ed White explained that due to recent requests, they were looking at the possibility of providing a little bit more in the area of handicapped parking. Rather than adding more handicapped parking stalls, they were looking at eliminating the two -parking limit on handicapped stalls so that a handicapped person could park anywhere in the downtown area for an indefinite period of time. They would, however, still be competing for the same stalls. Christi Houser asked how we would let people know, and Roger Lubovich indicated that appropriate signage would have to be posted. Bennett asked if a resolution would allow more flexibility as the downtown changes. Lubovich stated that it would have to be an ordinance. Lubovich reiterated that this is just an idea and if there is an interest, it can be brought back to the committee at a future date. Bennett advised that he would like for them to come up with something to be brought back. Anti -Theft Campaign Houser explained that she had received information on an anti -theft campaign being conducted in other areas. Vehicle owners register their cars and they are given a sticker to place on the vehicle. This gives police officers permission to stop these cars, without question, for verification when operating between the hours of 1:00 and 5:00 a.m. Houser indicated that they are apparently doing this in Miami, Dallas, and New York, and it has been very successful. Houser asked that the information be forwarded to Chief Crawford. AMENDMENTS TO THE PENAL CODE Lubovich explained that there has been an increase in prostitution activity on Pacific Highway. It seems that every time officers refocus on something else for a month or two, prostitution activity increases and its hard to get a handle on it. The business community in the area is getting very concerned as the activity has become very aggressive and disruptive, and they have approached the police department with questions about it. On Monday night, October 24th, at 6:00 p.m. at the West Hill Fire Station, a community meeting has been scheduled to answer their questions and talk about what can be done and what is being done. Lubovich indicated that they have looked at several different avenues, but one thing that can be done rather quickly is to pass an ordinance dealing with prostitution loitering. MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING OCTOBER 18, 1994 Page 2 of 3 Ed Allen explained that currently what the officers do is either target the customers (who are primarily men) or the prostitutes themselves (who are primarily female). They can either have a female decoy be approached by male patrons, converse with them and see if they can engage them in an offer and agreement which under the patronizing a prostitute ordinance is sufficient to sustain a criminal conviction. Or they can have undercover men approach the females and try to do the same thing. The females are generally repeat offenders and they have grown wise to what it is they need to do, or NOT do, to keep from violating the ordinance. The Prostitution Loitering Ordinance, however, will actually target the loitering activity. It makes persons guilty of prostitution loitering if he or she is in, or remains in a public place, and intentionally solicits, induces, entices, or procures another to commit prostitution. Allen indicated that an ordinance quite identical to this was enacted by Seattle some time ago. It has been challenged up to the Washington Supreme Court and was upheld, so they are confident in it's constitutionality. Allen stated that the police department is confident that this would give them an additional tool; it would give them a reason to approach particular people, get their identification, run them for warrants, and see if they have been given a previous court order to stay out of that particular area of prostitution. Lubovich further explained that they have also amended the SOAP provisions to allow for prostitution loitering to be an item for issuing a SOAP order. Lubovich advised that other additions/changes to the penal code are: ► Making it a gross misdemeanor for violation of a civil anti -harassment order. This will allow for the officer to cite in-house, keeping it in Kent Municipal Court rather than through the State Prosecutor. ► Correction to Public Disturbance section. The code was recently amended and there was an error in drafting. ► Adoption of state statute regarding cheating. Allen explained that there is a code in the state gambling statute that is basically aimed at people who get pull tab cards in restaurants, etc., alter them, and then turn them in and collect more than they should. This change will adopt the state statute by reference, which again allows police to cite through Kent Municipal Court. Bennett advised that he is in favor of the language, but because they were still working on the ordinance and because of the meeting on Monday, he could not vote for something that was going to change. Lubovich advised that there would be no further changes, this was it. Houser stated that she felt it would be nice if staff could take this to the meeting on Monday, and then if necessary, come back with any modifications. Bennett advised that he is aware of the situation and the need to move forward as quickly as possible. Lubovich clarified that there would not be any changes to the loitering provisions because it pretty much is tailored to case law and they want to keep it that way. He explained that there might be other avenues to pursue or other tools that can be used, but he doubts it would involve the penal code. Houser moved to approve amendments to the penal code as presented and modified this date; Seconded by Tim Clark. Motion passed 3-0. MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING OCTOBER 18, 1994 Page 3 of 3 TATOO ORDINANCE Bennett advised that he would like to open by saying that five minutes would not be enough time to address the issue as this is the first time they have seen it, and recommended that it be brought back at another time. Lubovich indicated that he could introduce it so they would know what its about and then bring it back to the next meeting. Lubovich advised that this issue originated as a result of calls the city has received regarding juveniles being tattooed, allegedly by an establishment in Kent. The obvious issues of concern are related to sanitation and getting the consent of the parents of minors. Lubovich has found that there are no laws in the State of Washington regulating the tattooing of individuals, except with regard to animals such as with exotic pets. King County has nothing on it, and Kent has nothing. Seattle does have an ordinance dealing with these issues and the ordinance presented today is basically modeled after Seattle's. Seattle's ordinance, however, is much more comprehensive to include the color of dye mixes, etc., which are areas Kent probably does not want to deal with because we don't have the expertise. Houser asked what happens under this ordinance if an establishment tattoos somebody under 18 without consent. Lubovich explained that it would violate their license, and they could lose their business license. Houser asked how many calls have actually been received on this. Lubovich advised that there hasn't been that many, but he has had two in the last month or two concerning minors being tattooed. Lubovich advised that he had invited Darin Westover, who operates a tattoo parlor in Kent, to today's meeting and advised that Westover had actually expressed support for this type of measure. Houser asked if Westover would be willing to look through the ordinance and provide input; see if there is anything he feels is not right, is unfair, or too burdensome. Westover advised that he would be glad to review the ordinance and would provide something back to the committee prior to the November 15th meeting. Westover also passed out a copy of the document they have signed when dealing with a minor. Lubovich again stated that this is a concern that has been raised, however, he doesn't know if its something that needs to be dealt with or not. Bennett said he felt that if a child wants to get tattooed, they can get it done whether they go through the front door of a tattoo parlor or through the back door of somebody's house doing it outside the business community. Houser asked if there were any other tattoo parlors in Kent, and Westover advised that he did not believe there were any others in Kent, however, there is one right on the border in Renton. Meeting adjourned at 5:32 p.m. PUBLIC WORKS COMMITTEE October 24, 1994 PRESENT: Paul Mann May Miller Judy Woods Laurie Evezich Jim Bennett Mr & Mrs Rust Don Wickstrom Wayne McDonald Roger Lubovich ABSENT: Tim Clark Metro Sewer Rate Increase Wickstrom stated that Metro will be increasing their rate by $2.05 per single family equivalent beginning January 1 st and we are proposing to pass that thru. We are also proposing to pass thru the respective utility tax on that increase. We're doing so because the utility tax is paid by the sewer utility and the increase thereat associated with Metro's rate increase if not passed on, would come out of monies available to the City to perform its operation and maintenance work and finance it to capital improvement program. Wickstrom said that this amounts to $.08. Wickstrom said the other issue is that we're proposng to drop the flat fee portion of our rate for commercial/ industrial accounds which, in the early '80's was intended to pay for the accounting and billing. The flat fee portion is $.52. Wickstrom explained that we are trying to eliminate it because it gave the commercial/industrial users a rate break; each 100 cubic feet is less than what the residential users are paying after the basic minimum. He said the total rate increase amounts to a 10% increase for single family residential customers and varies from II% - 13% depending on volume for commercial/industrial accounts. Committee unanimously recommended passing on Metro's rate increase including the associated utility tax. They also concurred with eliminating the flat fee portion of the commercial/industrial rate. Discussion followed with Bennett stating that he feels there needs to be some accountability with these types of increases and he is not in favor of passing these things on just because somebody says that's what we should do it. He feels that this is a big issue to be challenged. Wickstrom noted that this rate is what was approved by Metropolitan Council (no longer METRO) which was less than the original rate proposed. King County Executive reviews the basis for the staff recommendation which the Metropolitan Council also reviews the basis for the Executive's proposal of Metro's proposed rate increase. Wickstrom also stated that Metro's component agencies scrutinizes Metro's staff proposal via a technical committee before that proposal is transmitted to the Executive. Wickstrom stated that within the operating budget there is about $316,000 set aside for our annual overlays and we have two projects we are doing; 212th from the Green River to 42nd (Orillia Rd) and James St from W.V. Highway to Clark. He said we will be doing 212th however, due to the timing of the contractor's workload and the late time of the year he will not be able to overlay James St. Wickstrom explained that this works better regardingthe Justice Center in terms of their moving an excessive amount of dirt, which would put a heavy load on our recent overlay. For this reason, we have tabled that portion; the contractor will do the paint striping; we will maintain it this year and in May he will overlay. Wickstrom said we need to put that money in a capital improvement fund so that it could be carried over versus simply disappearing. Committee unanimously recommended authorization to transfer asphalt overlay money from the Street Operations budget to a Capital Improvement fund. McDonald Hardship (9915 S. 213th St). Bennett stated that this issue was sent to him by way of the Mayor's office and he felt it should be put on this Committee's agenda. He said this involves an LID which is due for foreclosure. Bennett said that Mr. McDonald is a 16 year resident of the City; has had a "down turn" in his economic situation; was not working at the time and was unable to meet his obligation. Bennett asked that consideration be given to arrange a payment plan whereby McDonald could start paying where he had left off. McDonald stated he had worked at the Kent Golf Course (since 1989) and had subsequently been layed off. He stated that when all this happened he was out of a job. He has recently been rehired as a golf instructor. McDonald then went into detail regarding his economic situation. He thought the balance owing was approximately $3900. McDonald claimed that he made payments until he was layed off from his job and as much as he could since then. He said he cannot make up back payments at this time. In response to Mann's question regarding what authority we have in accommodating a hardship, Lubovich proceeded to explain more of the background. He said that in 1991, the City entered into an agreement with McDonald that he would pay $50 per month. Evezich noted that there are six installments behind. Lubovich said that the agreement has not been met and the payments have been very sporadic; also noting that the statute says if there is a delinquency of two payments, the City shall foreclose. Lubovich stated that we do not have the authority to enter into an agreement on statutory mandated foreclosure processes, especially when bonds are involved. There is a duty to the bond holders to maintain the bond ratings. Lubovich stated that this has been going on a delinquency payment since 1991. Evezich explained that the term on the LID is 10 years and this particular LID started in 1989. She said that the delinquent amount totals $3855.23 with interest at 7.9% by statute however the full balance owing is $5985.91. McDonald claimed that he did not remember any agreement. In response to Woods, Evezich said that the annual payments are 6 years delinquent. She said the LID was PUBLIC WORKS COMMITTEE October 24, 1994 PRESENT: Paul Mann May Miller Judy Woods Laurie Evezich Jim Bennett Mr & Mrs Rust Don Wickstrom Wayne McDonald Roger Lubovich ABSENT: Tim Clark Metro Sewer Rate Increase Wickstrom stated that Metro will be increasing their rate by $2.05 per single family equivalent beginning January 1 st and we are proposing to pass that thru. We are also proposing to pass thru the respective utility tax on that increase. We're doing so because the utility tax is paid by the sewer utility and the increase thereat associated with Metro's rate increase if not passed on, would come out of monies available to the City to perform its operation and maintenance work and finance it to capital improvement program. Wickstrom said that this amounts to $.08. Wickstrom said the other issue is that we're proposng to drop the flat fee portion of our rate for commercial/ industrial accounds which, in the early '80's was intended to pay for the accounting and billing. The flat fee portion is $.52. Wickstrom explained that we are trying to eliminate it because it gave the commercial/industrial users a rate break; each 100 cubic feet is less than what the residential users are paying after the basic minimum. He said the total rate increase amounts to a 10% increase for single family residential customers and varies from II% - 13% depending on volume for commercial/industrial accounts. Committee unanimously recommended passing on Metro's rate increase including the associated utility tax. They also concurred with eliminating the flat fee portion of the commercial/industrial rate. Discussion followed with Bennett stating that he feels there needs to be some accountability with these types of increases and he is not in favor of passing these things on just because somebody says that's what we should do it. He feels that this is a big issue to be challenged. Wickstrom noted that this rate is what was approved by Metropolitan Council (no longer METRO) which was less than the original rate proposed. King County Executive reviews the basis for the staff recommendation which the Metropolitan Council also reviews the basis for the Executive's proposal of Metro's proposed rate increase. Wickstrom also stated that Metro's component agencies scrutinizes Metro's staff proposal via a technical committee before that proposal is transmitted to the Executive. originally formed in 1988 and the first installment was due in 1989; no payments have been made on this account except the $50.00 per month which started in 1991. Woods then said that essentially, none of the annual installments have been made. Evezich agreed. To clarify, Woods stated that by 1991, when the $50.00 per month arrears arrangement was signed, it was signed at a time when neither of the previous two annual installments had been made. Evezich agreed and noted that the $50.00 per month payments in 1991 were only kept for 4 months and were then dropped off; picking up again in 1992 for two or three months and then again stopped. McDonald stated that he did not know he was obligated to pay annually. Evezich informed the Committee that she has copies of certified mailings to McDonald. At this time, Woods requested copies of the all the records be submitted to her, from the beginning of the LID. Woods asked McDonald when he was layed off from the golf course and was he working in '89, '90 and '91. McDonald said he was working then and stated that he did not know exactly when he lost his job. Evezich stated that she is required to proceed with foreclosure by November 15, 1994. Bennett said the filing fee of $110.00 should be added to the commitment. Mann requested that these records be made available for the next Public Works Committee meeting so that a determination may be made. 108th Ave Walkway (Added item from Bennett) Bennett referenced the recent meeting at the school to discuss the options that the City had proposed regarding the original walkway on 108th, the alternate one on 110th and also a third option which was a raised asphalt sidewalk versus a full concrete sidewalk. Bennett asked Wickstrom what the long range affect of 108th is in terms of the 277th corridor coming thru. In response, Wickstrom said that we only have three options one being the 110th alignment which will fit regardless of how the corridor intersects with 108th Ave. If at grade at 108th, he said there will be sidewalks along the corridor and a signal at 108th. If the corridor project is at separate grades, there will be an overpass at 108th. He said if, at 108th, there is a signal intersection, there will be more of a driver impact on 108th; there will be little difference from present traffic conditions, if there is an overpass. Wickstrom said the ideal solution, financially, is to widen the shoulders out to a maximum of 8', in some areas, 10' in others. That would then become part of the roadbed for the future road widening. In response to Bennett's question on the drainage on the south side between 269th & 271 st, Wickstrom said that would be culverted however we are not proposing an extensive system. He said if there is an overpass at 108th, there will be no major improvements on 108th for a long time other than what would be allocated of our yearly pedestrian path money. . Meeting adjourned: 5:35 p.m.