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
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3AV
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3AV d200
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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.
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cc: Fred N. Satterstrom, Planning Manager
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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
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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-
...:.
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------------
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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
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�,-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.