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Home My WebLink AboutCity Council Meeting - Council - Agenda - 10/18/1994City ofKent City Council Meeting Agenda Mayor Jim White Council Members Judy Woods, President Jim Bennett Tim Clark Christi Houser Jon Johnson Paul Mann Leona Orr October 18, 1994 Office of the City Clerk . KENT MAYOR: Jim White Jim Bennett Jon Johnson SUMMARY AGENDA KENT CITY COUNCIL MEETING October 18, 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. Proclamation - Human Services Month B. Proclamation - Red Ribbon Week C. Proclamation - Make A Difference Day D. Transportation Comprehensive Plan Briefing 2. PUBLIC HEARINGS A. Jones/Hobbs Annexation - Ordinance 3. CONSENT CALENDAR A. Approval of Minutes B. Approval of Bills C. Council Absence D. Reiten Road Landslide Repair - Budget Transfer E. Lexington Square Final Plat FSU -94-5 - Set Meeting Date F. St. Anthony's Church Alley Vacation STV -94-2 - Ordinance G. 45th Place So. Street Vacation STV -94-3 - Ordinance H. CPI 135 Green River Square - Bill of Sale I. Alderra Private Road (CPI 135 Green River Square) - Bill of Sale 4. OTHER BUSINESS A. LID 345 - S. 218th Street Improvements B. Referendum 43 - Resolution C Tlr6w, 6-n a f, �tie..0 * 5. BIDS u None 6. CONTINUED COMMUNICATIONS 7. REPORTS EXECUTIVE SESSION - Labor Negotiations 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) Proclamation - Human Services Month B) Proclamation - Red Ribbon Week C) Proclamation - Make A Difference Day D) Transportation Comprehensive Plan Briefing Kent City Council Meeting Date October 18, 1994 Category Public Hearings 1. SUBJECT: JONES/HOBBS ANNEXATION (AN -94-1) - ORDINANCE 2. SUMMARY STATEMENT: 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 accepted the 60% petition on May 17, 1994 and filed the Notice of Intent docu- ment 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 annexation 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 11 1994. 3. 4 5. EXHIBITS: Ordinance and vicinity map RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT: EXPENDITURE REQUIRED: SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: NO X YES 7. CITY COUNCIL ACTION: Councilmember _moves, Councilmember seconds to adopt Ordinance No. annexing certain contiguous lands commonly known as the Jones/Hobbs Annexation. DISCUSSION: ACTION: Council Agenda Item No. 2A ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, annexing to the City certain contiguous lands, comprising approximately 25 acres generally located at the northwest corner of 100th Avenue S.E. and South 222nd Street, and more particularly described as set out in the attached Exhibits A and B, and commonly known as the Jones/Hobbs Annexation. WHEREAS, in accordance with Chapter 35A.14 RCW, the owners of not less than 60 percent of the assessed valuation for general taxation of certain real property, the "Jones/Hobbs Annexation" area, which is more particularly described in Exhibit A to this ordinance, filed with the Kent City Council their petition to annex the Jones/Hobbs Annexation area to the City of Kent; and WHEREAS, the City determined the Jones/Hobbs Annexation area annexation petition to be sufficient in all respects; and WHEREAS, in accordance with Chapter 35A.14 RCW various proceedings were had; and WHEREAS, a Notice of Intention to annex was filed with the King County Boundary Review Board ("BRB"); and WHEREAS, jurisdiction was not invoked for review by the BRB, and the BRE has deemed the proposed Jones/Hobbs Annexation approved as of September 23, 1994; and WHEREAS, the City has published and posted notice of a public hearing on the proposed Jones/Hobbs Annexation in accordance with RCW 35A.14.130 so that interested persons could voice their approval or disapproval of the annexation; and WHEREAS, the City Council of the City of Kent held the public hearing on the Jones/Hobbs Annexation in the City Council Chambers at a regularly scheduled meeting of the Kent City Council at 7:00 p.m. on October 18, 1994; and WHEREAS, it appears to the City of Kent that the Jones/Hobbs Annexation meets all requirements specified by law, to and including consideration of the passage of this ordinance, and that the land to be annexed is contiguous to the City of Kent and has not heretofore been incorporated in or as a city or town; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Pa Section 1. The foregoing recitals are by this reference incorporated herein and made a part hereof. section2. There shall be annexed to the City of Kent, Washington certain property situated in King County, Washington, which property is legally described in Exhibit A attached hereto and incorporated by this reference, and having the boundaries indicated in the map attached hereto as Exhibit B and incorporated by this reference. Section 3. That, in accordance with the Jones/Hobbs annexation property owner's petition, the property hereby annexed shall be assessed and taxed at the same rate and on the same basis as other property within the City of Kent is assessed and taxed to pay for any outstanding general indebtedness of the City to which the area was annexed and which indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at the effective date of this annexation. Section 4. That the annexation of said property will become effective upon the effective date of this Ordinance, and said property shall become a part of the City of Kent, subject to all the laws and ordinances of the City then and thereafter in effect except as otherwise provided by law - 3 Section 5. Within thirty (30) days from the effective date of this Ordinance as provided by law, the City Clerk of the City of Kent shall, under the direction of the Mayor of the City of Kent, determine the resident population of the annexed territory, which population determination shall consist of an actual enumeration of the population that shall be made in accordance with the practices and policies and subject to approval of the State of Washington's Office of Financial Management and which population shall be determined as of the effective date of this annexation as specified in this ordinance. Section 6. Within thirty (30) days after the effective date of the annexation referred to in this Ordinance, the City Clerk of the City of Kent, pursuant to RCW 35A.14.700, shall prepare a certificate signed by the Mayor and attested by the City Clerk in such form and containing such information as shall be prescribed by the State Office of Financial Management, and the City Clerk shall thereafter submit said certificate in triplicate to the Office of Financial Management together with the population determination of the annexed territory. Section 7. Upon passage of this annexation ordinance, the City Clerk of the City of Kent, pursuant to RCW 35A.14.140, shall send to the Office of the Clerk of the County Council a certified copy of this ordinance together with a copy of a letter R from the Executive Secretary of the King County Boundary Review Board that declares the BRB's decision relating to this annexation (Exhibit C). Section S. 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 commencing November 1, 1994, which date is more than five (5) days from and after the date of passage of this ordinance. ATTEST: BRENDA JACOBER, CITY CLERK JIM WHITE, MAYOR 5 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. jones.ord BRENDA JACOBER, CITY CLERK I. (SEAL) Those portions of the southeast quarter in Section 7, 'Township 22 North, Range 5 East and portions of the southwest quarter of Section 8, Township 22 Porth, Range 5 East described as follows. Beginning at the northeast corner of the west half of the northwest quarter of the southeast quarter of the southeast quarter in said Section 7 being the True Point-. of Hegi.ruring Of prOr,erty herc:i.r described; Chc.Ice. ::oath aluny L.hc c.ic:L 13 jie L.herr�uf wlri r;h l i nr_ i,: also defined within City Of KenL Ordinance #3153 to a poinL un thr_ south right of way margin of SOULh 222nd Street; thence east along the south line thereof and the extension of said south right of way riargin line to the east line of 100th Ave South in the southwest quarter of said Section 8; thence north along said ea --L l i.ne tO t},r, point of intersection with the north line of the southwest quarter of the norLhwest quarter of Lhe southwest quarter of said Section S; thence west along Lhe norLh line Lhereof to the norLheasL corner of the southeast quarter of the northeast quarter of the southeast quarter of said Section 7; thence continuing west along the north line thereof to the east line of TI&th Ave South; thence south along said east .line to the south line of SouLh 210th Street; Lt oncr, along said south Hire Lo Lhu woc.L line of said souLheasL quarLer, northeast quarter, southeast quarter which line is in part defined within City of hent Ordinance r2611 to the southwest corner thereof; thence west along the north line of the southeast quarter of the southeast quarter of said section 7 which line i- also defined within said Ordinance a2611 to the 'Prue Point of Beginning. JON ES-I1OU[Is EXHIHIT.L NORTH EXHIBIT � .PROPOSAL AREA SCALE: I"=4000' KENT CITY LIMITS SHOWN AS SHADED AREA =17 Washington State Boundary Review Board For King County Central Building, Suite 608, 810 3rd Avenue, Seattle, WA 98104-1693 (206) 296-6800 September 26, 1994 The Honorable City Council City of Kent 220 - 4th Avenue South Kent, WA 98032-5895 Re: Closing Letter File No. 1885 - City of Kent - Jones/Hobbs - Annexation Dear City Council: You have been advised that the above file was filed effective August 9, 1994. The Board has received no request for review as specified in RCW 36.93. Therefore, the 45 -day filing period having elapsed, this notice is hereby deemed approved as of September 23, 1994. Sewer and water district proposals. and some other actions are alsosubject to approval by the County Council. If there are changes by the Council, the Board may be required to hold a public hearing at that time. In order for the proposed action to be finalized, it is necessary that you complete the other statutory requirements or procedures specified in your Notice of Intention. Where required, please file one certil;ed copy of your final resolution or ordinance accomplishing this action with the Council Administration, Room 402 King County Courthouse, Seattle, Washington 98104, ATTN: Ms. Kathy Nelson, together with a copy of this letter. Alda H. Wilkinson Executive Secretary I•- CC: King County Division of Records and Elections, ATTN: Bob Bruce, Elections Superintendent King County Council Administration, ATTN: Kathy Nelson King County Department of Assessments, ATTN: Diane Murdock King County Parks, PIanning & Resources Department, ATTN: Jim Reid, Manager, Planning Division King County Department of Public Works, ATTN: William Vlcek King County "911" Program EXHIBIT Oft JONES/HOBBS ANNEXATION \city City Boundary Site of Annexation 1 ',,SO, \\ County / 11, V I I�\I•\ \\ 4V I County N x'111111 ' �� fill J r - \city City Boundary Site of Annexation 1 ',,SO, \\ County / 11, V I I�\I•\ \\ 4V I County N CONSENT CALENDAR 3. city council Action: Councilmember 'i��C/1 moves, Councilmember seconds that Consent Calendar Items A through I be approved. Discussion Action 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of October 4, 1994. 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 Council Agenda Item No. 3 A -B Kent, Washington October 4, 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, Mann, Orr and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Public Works Director Wickstrom, Parks Director Hodgson, Police Chief Crawford, Fire Chief Angelo, Finance Division Manager Miller, Human Resource Manager Viseth, and Governmental Affairs Division Manager Martin. Councilmember Johnson was excused from the meeting. Approxi- mately 85 people were at the meeting. PUBLIC Employee of the Month. Mayor White announced COMMUNICATIONS that Ada Marvosh of the Finance Department has been selected as Employee of the Month for October. He noted that Ada has worked for the City since August 14, 1978, and that she is currently a Customer Services Lead in the Customer Services Division of the Finance Department. Finance Division Manager Miller noted that Ada is such a positive person, and that they are pleased to have her in their department. She noted that Ada has completed the following programs this last year: 1) Legal Assistant Program -Seattle University - which helps her in the area of collections and bank- ruptcy; 2) recently worked with and completed a program for the Police Department in setting up a program for better customer service in the weapon permitting so that it is a one-stop only; 3) and has completed training with Puget Power so that the City can begin receipting payments from Puget Power on October 14. Miller noted that Ada was a major person in setting up this process, and for training the other clerks that will take the money. She noted that Ada is known as a customer service person and that she sets a fine example for others. National Arts and Humanities Month. Mayor White read a proclamation declaring the month of October, 1994 as National Arts and Humanities Month in the City of Kent. He encouraged all citizens to continue supporting the arts and humanities as essential ingredients of our American way of life. Parks Director Hodgson accepted the proclamation. Special Olympics Coach and Volunteer of the Year. Mayor White read a proclamation declaring October 8, 1994 as Special Olympics Coach and Volunteer of the Year Day. He noted that Ginny Tubbs, Special Olympics Coach, and Scott Buroker, Special Olympics Volunteer for Kent 1 October 4, 1994 PUBLIC Parks, have gone beyond the expectations COMMUNICATIONS bestowed upon them by the Washington Special Olympics, and are, therefore, being recognized as Coach of the Year and Volunteer of the Year for their exceptional commitment, dedication and skills in working with athletes who are dis- abled. The Mayor encouraged all citizens to join in recognizing their contributions to Kent Parks Special Olympics and the special needs of these young athletes. Delegates from Yanqzhou, China. Mayor White noted that there are special guests in the audience tonight from our sister city in Yanqzhou, China who are visiting the City of Kent. He explained that they are here for the Asia-Pacific Trade Exchange and were invited to attend the Council meeting tonight. Public Affairs Manager/Ombudsman Martin introduced the delegation, and he noted that 416 delegates have gathered this year for the Trade Exchange. He explained that nearly 300 were international delegates with the rest being domestic exhibi- tors and people who were writing business. Mr. Jia Bing, Vice -Director of Yanqzhou Standing Committee, Peoples' Congress, and head of the delegates, addressed the Council through the interpreter. He expressed, on behalf of the 9.3 million Yangzhou people, their heartfelt greet- ings to the citizens of Kent. He noted that the two cities' friendship relations have developed very quickly since April 8th of this year. He further noted that several letters of intent for commercial goods business have been signed in the last two days. He stated that Yangzhou's General Secretary visited Kent in June and signed an agreement for a personnel exchange program, and that while they are here further agreements such as Governmental Official Exchange, Student exchange, and Teacher exchange programs will be signed. He noted that their visit will increase the two cities' mutual understanding and.seek more cooperation oppor- tunities in a variety of fields such as culture, business, economy and education. Jia Bing noted that Yanqzhou is an ancient city which is over 2,470 years old and is a beautiful city just like the City of Kent. He thanked all the people of Kent, especially the City Council, who have worked very hard to promote the friendship relation between the two cities. He wished for 2 October 4, 1994 PUBLIC the City of Kent to be prosperous and that the COMMUNICATIONS friendship will last forever. Mayor White expressed a special thanks to the Council because they have been a great support in this program. He noted that the Yangzhou people are very gracious people to work with, who are most anxious to learn about our culture as well as everything that we do, and that we are in- terested in what they do. Regional Justice Center Update. Wendy Keller, Project Manager, noted that all the buildings are gone, and that the foundation is being dug up which has added noise, but that they have tried to keep water on it to keep the dust down. She noted that one of the goals was to achieve a 40-50% recycling of the materials on the site, and that the concrete being ground up will be going underneath the road beds on the site. She explained that all the soil dug up on the north end of the site will be used, so there is cur- rently a pile of soil on the site. She noted that they expect to give the go ahead next week to the preload contractor, and that they are loading the site about 8 feet deep in dirt in the whole North end, the middle of the site, and the southern end. She explained that the reason for doing this is so they don't haul as much dirt in, and that costs are saved by rolling it over and only adding to it each time they roll it. Keller noted that it will also save in the amount of traffic taking it off the site, and that they expect to begin in the middle of the month. She noted that 90% of the documents are done. She noted that a pre -development meeting with staff from the City has been held and that they expect to turn in their 100% documents by the week of October 17th as well as their building permit application. Keller stated that it doesn't mean they are getting a building permit, but that they are applying. She ex- plained that from that date up to the Christmas vacation, a review of their documents by the City will be done so that corrections, if any, can be made according to code and then be ready to print in final to go out for bid. She ex- pressed appreciation for the cooperation and assistance of Kent's technical department staff as they have worked on a great number of issues. She announced that on Friday, November 4th, from 1:00-5:00 p.m. at the Kent Commons, there will 3 October 4, 1994 PUBLIC be a Minority and Womens Business Conference COMMUNICATIONS along with small businesses meeting with the potential general contractors who will bid on this site, hopefully, to get some partnering with some of the local businesses and smaller businesses on this project. CONSENT WOODS MOVED that Consent Calendar Items A CALENDAR through T, with the exception of Items L and S, be approved. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of September 20, 1994. WATER (BIDS - ITEM 5A) 116th Avenue SE Water Main Relocation. Bid opening for this project was held on September 29th with nine bids received. The low bid was submitted by Fournier Construction, Inc. in the amount of $89,937.22 including tax. The Engineer's estimate was $99,246.45. The project consists of relocating an existing 12" waterline on 116th Avenue from 270th to 272nd in order to conform to future 272nd Corridor road grade which is being built by the developers of the Kingstone plat. MANN MOVED that the 116th Avenue SE Water Main Relocation contract be awarded to Fournier Construction, Inc. for the bid amount of $89,937.22. Bennett seconded and the motion carried. SEWER (CONSENT CALENDAR - ITEM 3I) James Hankins - Sewer Permit. APPROVAL of service connection to the City sewer for James Hankins' property subject to execution of an annexation covenant and payment of a charge equivalent to the original LID assessment, as recommended by the Public Works Committee. Mr. Hankins is a resident in the unincorporated portion of West Hill Island who is having pro- blems with his septic system and wishes to connect to the City sewer. Mr. Hankins' pro- perty was removed from the original LID which provided sewer service to the area due to lack of support for the project and the required 4 October 4, 1994 SEWER annexation. Mr. Hankins has executed an an- nexation covenant and will be charged an equivalent cost to that of the original LID assessment for his service. STREET (PUBLIC HEARINGS - ITEM 2A) IMPROVEMENTS LID 345 - S 218th Street Improvements. This date has been set for the Public Hearing on LID 345 for the improvement of S. 218th Street from East Valley Highway east to SR 167, including water and sewer stub extensions to unserviced property. Public Works Director Wickstrom explained that this is an LID in the industrial area of Kent on East Valley, approximately in the middle of the City. He noted that the City took the initia- tive to begin the LID on 10/18/90 because it is a highly industrial area and zoned industrial. He explained that it is a two-lane road that was agricultural, and that it is unsafe and impos- sible for two trucks to pass simultaneously with all the development in the area. He noted that it has potential for accidents and pedestrian accidents as well, and that over a period of time there have been a significant number of no - protest LID covenants where the property owners have chosen to accept an LID formation for im- provements whenever one is formed. He explained that there are about 74.8% in terms of commit- ment towards this project, but that the project was deferred because the City ran into a wetland issue that put it on hold until the Council adopted a wetlands ordinance. He noted that in March, 1994 another meeting was held with the property owners, but prior to that the City had reviewed the project and looked at ways to cut costs which ended up with this final version of the project. He noted that the City is pro- posing to improve 218th Street, which is a substandard road, with curb, gutter, sidewalks, use of the existing lighting and pole systems, and add additional street lights. He further noted that the City wants to put a storm drain system down through the area, a cul-de-sac on the end, and bring up various stub sewer and water extensions to the properties so that they. could develop without cutting the street. He explained that the total LID project to be assessed is $1,164,620.59 with some water and sewer funds available primarily to bring the 5 October 4, 1994 STREET stubs to the property and after connection to IMPROVEMENTS those stubs, the City would then be reimbursed for their cost. He reiterated that it takes a 40% approval from the property owners to create an LID and the City has a 74.8% commitment through the no -protest agreements already. The Mayor opened the public hearing. Elsie Rust, 8619 S. 218th, Kent, expressed that she doesn't feel the issue has been completely explained because, for instance, two trucks can pass each other. She voiced concerns about the City taking all that property on their side of the road, the sidewalks when there aren't any pedestrians and the project when the road is a dead-end street. She noted that property owners couldn't develop unless they signed a no -protest agreement. Jim Rust, 3910 S. 242nd, Kent, son of Mr. & Mrs. Rust, questioned the conditions under which the owners had to agree to sign the no -protest agreement. He noted that the owner was told that they couldn't build unless this agreement were signed which is a little bit of coercion in his opinion. He felt that the City of Kent should really consider whether that is a legal and valid 74%, and asked the Council to please consider it before making their decision. Rodney Bailey, owner of property -at 8605 S. 218th (parcel #6), noted that he has addressed the issue on the formation of an LID on a number of occasions and stated that he opposes it because of the cost impact upon the property owners. He stated that there is no reason for it given the traffic conditions that exist in the neighborhood. He expressed concern about an excessive width requiring sidewalks on both sides of the street which has almost.no foot traffic at all, and that no assurances have been given by the City that a portion of their pro- perty will not be required by the said LID. He stated that they are very concerned with the future impact as far as landscaping and setback requirements because the street margin is that much closer to the property, and that it virtually becomes an unusable site if any substantial portion of their property is taken. He wanted to go on record as definitely being opposed to the LID formation. N October 4, 1994 STREET Les Snodgrass, owner of property located at 8602 IMPROVEMENTS S. 218th (Parcel #3), wanted to make it very clear that he also opposes the project. He noted that he is one of the 74% that signed the no -protest agreement because when he purchased his property in late 1988 or early 1989 he was an unsophisticated buyer not really knowing the consequences. He stated that he was also told that if he didn't sign it, a conditional use permit would not be authorized so he could use the property as it had been used for many years. He expressed that it was a little bit of bureau- cratic blackmail and questioned the ethics used. He voiced concern over whether his property value would increase significantly if the LID were approved, and he also noted that the pending LID has caused a great deal of grief in showing his property as it is up for sale. He further noted that he is adamantly against the project. Mr. Brutsche, 13445 SE 256th, Kent, owner of parcel #16, noted that he is also owner of a lift truck company which has been in business for 20 years and at the present location for 4 years. He expressed his opposition to this LID proposal because it isn't necessary. Grady Duesser, owner of property at 8803 S. 218th Street, noted that he is also in oppo- sition mainly because in 1991, he was told that he would be assessed $10,000-$12,000 for the road improvements but over the course of three years it has gone from this amount to $36,000 and to that extent he grossly opposes the LID formation. Jim Rust, 8619 S. 218th Street, noted that he is opposed to this project. There were no further comments from the audience, and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. At Council's request, Wickstrom addressed some of the questions and concerns the opposing property owners presented. He noted that the real issue is a question of who will be re- sponsible for building or rebuilding a road. He explained that the subject road was built as a 7 October 4, 1994 STREET farm designation and according to those stan- IMPROVEMENTS dards didn't require a heavy duty road to handle farm equipment or light traffic, but today it's an industrially zoned property with almost the bulk of the area nearly developed and heavy truck traffic. He further explained that the road can no longer withstand those loadings so if it isn't improved by the local people who use it then it means eventual improvement would be the whole City's responsibility and that the general City would be paying for a road that would primarily benefit just an immediate area. He noted that the purpose of a local improvement district is that the immediate benefitting properties pay for the extent of the improve- ments as well as taking the benefits of those improvements. He explained that the road is substandard and that the City's ordinance re- quires that if a property owner gets a building permit he is either required to improve the front footage and bring it up to City standards or execute a deferral, not just a commitment but a deferral, for a 10 -year period of that improvement. He noted that at the end of the 10 -year period a property owner either has to do the improvement or form an LID, which can be formed any time to take the burden off that individual. Wickstrom stated that sidewalks are a standard in all projects and that the City looked at deleting the sidewalks on the south side but realized that the big land owner, such as Trammell Crow, is picking up the bulk of what would have been a smaller property owner's cost. Wickstrom noted that the sidewalks could be dropped from the south side as well as reducing the right-of-way but that it wouldn't change the assessments significantly. Upon Woods' request, Wickstrom explained that once an ordinance is passed a protest is part of the State Law where written protests have to be filed with the City Clerk, are tallied up, and if they amount to more than 60%, then the LID is dead. He further explained that if the total number of protests received were tallied right now it would add up to about 11% of the total project costs. Wickstrom noted that an LID covenant is simply a means of offering the pro- perty owner, who has the responsibility for his road frontage, an alternative to improve the 0 October 4, 1994 STREET road. He noted that the agreement essentially IMPROVEMENTS states that if you are going to build, it means more intense use on the road and if the road is not structurally sound or capable of handling that load or burden, someone should be respon- sible for it. He explained that the Council passed the ordinance stating that a new develop- ment should make those improvements along their frontage and they authorized that instead of requiring those improvements to be built in conjunction with that building permit, they have allowed execution of no -protest LID agreement essentially deferring those improvements over a period of 10 years maximum. He noted that if an LID is formed, then there is a payment plan for the property owners to pay for the obligation that he has committed to rather than have the owner come up with the cash. Upon Orr's question, Wickstrom explained that the "S" curves are not adequate for passing vehicles, and that several accidents have occurred where the vehicle has slid into the ditch because it couldn't go through at the same time as another vehicle. He also noted that City would be subject to a liability suit if an injury accident happens because the City is the one who issues the building permits and now that the City is aware of those safety issues the liability is even much more significant. He explained that if the City continues to issue building permits to areas east of the "S" curves, without improvements made, then the City is subject to the liability and involved in the suit. He stated that an LID is a way to charge everyone benefitting by the improvements rather than making the last one in pay for everything. He noted for Orr that no traffic or pedestrian counts have been done on this particular street. Wickstrom clarified for Orr that there are two issues involved, 1) should an LID be formed, and 2) would the property value be enhanced by the improvement. Clark noted that the liability issue was of concern at the Public Safety Committee meeting because it was clear that the "S" curves are dangerous and, that if the City didn't do something about them, the City would become liable at which point it became clear that something had to be done. 0 October 4, 1994 STREET Houser felt that the property owners would be IMPROVEMENTS happier if the project were cut back a little and perhaps just put sidewalks in on one side of the street rather than two. Mayor White ex- plained that the City currently has $300,000 in its capital improvement budget to spend on sidewalks every year to put in where the City didn't require development to do so at the time, and that it has been his recommendation to staff to put in sidewalks everywhere there are street improvements being done as much as possible to keep the general population from paying for specific sidewalks in specific areas. Bennett expressed that he has a difficult time with a no -protest agreement and that this is a dead-end street. He stated that since there is no pedestrian traffic, it makes more sense to put in a sidewalk only on one side of the street. He expressed that the City has an antiquated system which creates more problems for Council people and citizens than needs to be and it may need to be addressed. Mann felt that it might be to the best interest of everyone involved if this issue were brought back to the Public Works Committee. He asked Wickstrom to consider a traffic and pedestrian count in response to Ms. Orr's question, and again to address the issue of sidewalks. He asked Wickstrom to provide the exact figures to the committee and the difference in having one sidewalk as com- pared to having two. MANN MOVED that this issue be sent back to the Public Works Committee for those issues. Bennett seconded. Bennett voiced concern in regard to the LID process. The motion then carried. (CONSENT CALENDAR - ITEM 3C) Creation of LID 346 - S. 212th Street Improvements. ADOPTION of Ordinance No. 3186 forming the Local Improvement District 346 for the improvement of S. 212th Street Sidewalk, Street Lighting and Sanitary Sewer service to specific parcels, as recommended by Council. STREET USE (OTHER BUSINESS - ITEM 4A) Street Use Permit Ordinance. The Public Works Committee has recommended adoption of an ordi- nance amending Chapter 6.07 of the Kent City Code entitled "Street Use Permits" to require the issuance of a building permit prior to the 10 October 4, 1994 STREET USE issuance of street use permit for moving a house to be sited within the City limits. City Attorney Lubovich explained that the ordinance requires a building permit prior to obtaining a street use permit to move any building or structure through the City of Kent if that structure is to be located and situated within the City. He noted that the reason for this ordinance is to prevent the storage of homes on stilts or blocks without permanent foundations. He further explained that a house to be moved through the City without a destina- tion in the City does not require a building permit. The Mayor noted that there are several homes sitting on stilts in the City and have been around for quite some time so the City is trying to get them cleaned up. He also noted that this is a move to help the City to keep from getting more of those homes in the meantime. MANN MOVED to adopt Ordinance No. 3192 amending Chapter 6.07 of the Kent City Code to require that a building permit be issued prior to the issuance of a street use permit for moving a house to a sited area within the City limits. Houser seconded. Upon Bennett _Is question, Lubovich explained that a building permit is good for 6 months and can be extended for another 6 months, if needed. He noted that after the 6 month building permit expires, it can become an issue of a dangerous building under the "Abatement for Dangerous Buildings" code for being abandoned for 6 months and other conditions that surround it such as access, fire hazards, and other things. He clarified for Bennett that an individual has up to a year to deal with that property., providing an extension of the building permit is granted. Lubovich pointed out that the ordinance deals with more than just homes, it includes buildings and structures and is not just limited to houses. The motion then carried. 11 October 4, 1994 TRAFFIC CONTROL (CONSENT CALENDAR - ITEM 3E) Speed Limits. ADOPTION of Ordinance No. 3188 establishing a new chapter, Chapter 9.40 of the Kent City Code, relating to the establishment of speed limits, as recommended by the Public Safety Committee. The Kent City Code adopts by reference the Model Traffic Ordinance set forth in Chapter 308-330 WAC. The provisions of the Model Traffic Ordinance set forth the procedure for cities to determine and declare the maximum speed limits on City arterials, streets, and other rights-of-way, and allows such to be done by resolution. Adoption of the proposed ordi- nance would codify and provide notice of the process for establishing speed limits. (CONSENT CALENDAR - ITEM 3F) Speed Limits. ADOPTION of Resolution No. 1406 relating to vehicular speed limits on certain designated streets. The Kent Model Traffic Code adopts by reference the Model Traffic Ordinance set forth in Chapter 308-330 WAC. The provi- sions of the Model Traffic Ordinance set forth the procedure for cities to determine and de- clare speed limits on certain arterials, streets and other rights-of-way. An ordinance being considered concurrently with this resolution establishes a new chapter of the Kent City Code, Chapter 9.40, providing that the City may establish speed limits on certain streets by resolution. This resolution would amend the speed limits previously established in Resolution No. 1299, which would be repealed. (CONSENT CALENDAR - ITEM 3G) No Parking Zones. ADOPTION of Ordinance No. 3189 amending Chapter 9.38 of the Kent City Code relating to no parking and restricted parking zones, as recommended by the Public Safety Committee. The City's current parking ordinance refers to lists on file in the City Clerk's office for specific no parking or re- stricted parking zones. Due to the number of lists that need to be maintained and the diffi- culty of providing adequate notice of these zones, this ordinance would incorporate and amend the current list of no parking and restricted parking zones into Chapter 9.38. 12 October 4, 1994 TRAFFIC CONTROL (CONSENT CALENDAR - ITEM 3H) Opticom system. IMPLEMENTATION and UPGRADING of the City's Opticom System which preempts the traffic signal giving emergency response vehi- cles priority, as recommended by the Public Works Committee. Approximately 40% of the existing traffic signals are presently fitted with the older technology Opticom units with some totally obsolete in terms of finding replacement parts thus creating a traffic safety issue. The 3-M Company is offering a special trade-in deal which is good until the end of this year, and will save the City $75,000 if acted upon now versus waiting for the 1995 budget. The total cost to upgrade the system is about $170,000. There is $177,000 of left over street money in the West Valley Highway Project Improvement Fund (LID 328 - $143,630 and LID 327 - $33,049). SIDEWALKS (CONSENT CALENDAR - ITEM 3L) (REMOVED BY OPERATIONS DIRECTOR MCFALL) Meadow Ridge Elementary School Pedestrian Pathway. Prior to the opening of the Meadow Ridge Elementary School on 108th Ave., there was an issue relating to pedestrian access to the school. As a condition of utility service to the school, the City required the school to con- struct a paved 5 foot wide asphalt shoulder along the east side of 108th Ave from SE 264th to the school site, for which they paid to the City approximately $71,000 to construct same. The City proposed to widen the width to 8 feet due to safety concerns expressed by the Tudor Square neighborhood however this was not accept- able to the neighborhood representative. As such, a revised alternative has been agreed upon wherein a path would be constructed along 110th Avenue in addition to some shoulder widening on 108th Avenue. Monies for this project would be $71,000 (School District money) plus $19,880 City sidewalk fund. Operations Director McFall requested that this item be removed from tonight's agenda because several residents from the subdivision through which this pathway will go, as well as repre- sentatives from the Tudor Square subdivision, have contacted the City with concerns about not being involved in the process and discussions. 13 October 4, 1994 SIDEWALKS He recommended to the Council that this item be referred back to the Public Works Committee which would give the Public Works staff an opportunity to work with the neighborhoods in question and come back to the Public Works . Committee with a full recommendation. Bennett requested that the Council allow at least one or two people from the audience to speak to the Council about their concerns as well as possibly setting up a meeting with all the parties involved so that Council could perhaps address the issue at the next Council meeting. Mayor White concurred that a special meeting needs to be set up devoted solely to address the issue of what the neighborhood wants. It was the consensus of the Council to allow three people from the audience to address them realizing that the Council will not hear the issue or make a judgment tonight but rather to understand how the citizens and Council can better communicate with each other. Steven Holly, 27033 - 110th Court SE in the development known as Whispering Woods or Echo Glen Heights, explained that he was representing the residents of Echo Glen Heights and wanted to present a petition to the Council. He noted that the petition simply states that, "The undersigned do hereby state their opposition to the construction of the proposed 110th walkway." WOODS MOVED to make the petition a part of the record. Orr seconded and the motion carried. Sylvia Hicks, 27108 - 110th Ave SE, Kent, noted that communication regarding this issue between the City of Kent and the newly annexed residents of Whispering Woods or Echo Glen Heights and Tudor Square has been very poor. She explained that the residents feel very uncomfortable since they are new to the City's jurisdiction and they don't know what the rules are or how the City conducts business and makes decisions, but would like to be informed. Mayor White apologized for any misunderstandings that have happened up to this point and noted that the Council will do a better job in the future. He also noted that the Council's purpose is to work with the resi- dents to get a solution to this problem. 14 October 4, 1994 SIDEWALKS Robert Stead, 11239 SE 267th Place in the development known as Tudor Square, noted that Charlie Kieffer had asked him to thank the City on behalf of the Kiefers and Sopers for keeping him informed on their efforts in trying to improve the walkway to the school. Mr. Stead noted that the primary problem seems to be the interaction between the City and the School, and that the School District has brought only people to meet with the City who are either uninformed or unable to have the authority to carry out what's been agreed to in the meetings with the residents and the City. He expressed that all the neighbors involved, the right people from the City, and the right people from the School District need to meet together at the same time. He also stated that questions need to be an- swered and decisions made by those two govern- ment bodies who have authority and knowledge to deal with the situation and make sure the things agreed upon are carried out. Mayor White explained that a rumor has been circulating that he has had a meeting with Mr. Hager, Supt. of the School District, and that an agreement was made which is not true. Mayor White suggested that Brent McFall arrange a meeting with the proper school officials and see if a resolution can be reached. ANNEXATIONS (CONSENT CALENDAR - ITEM 3R) Jones/Hobbs Annexation - Set Hearing Date. AUTHORIZATION to set October 18 for the public hearing on the proposed Jones/Hobbs Annexation, and for the Clerk to provide the required statutory notice. The City has had its "Notice of Intent" approved by the County Boundary Review Board and has re- ceived a valid annexation petition signed by the owners of not less than 60% of the assessed valuation of the proposed annexation area. As a result, it is nowappropriate to set a date for the public hearing to consider the proposed "Jones/Hobbs" Annexation to the City of Kent. N&I October 4, 1994 ANNEXATIONS (CONSENT CALENDAR - ITEM 3S) (REMOVED OTHER BUSINESS C(4C)NBYCOPERATIONS ALENDDPLACED DER DIRECTOR MCFALL) Beck Annexation. Operations Director McFall noted for Council that the reason for removing this item from the Consent Calendar was because the wording of the summary and proposed motion in the packet was incorrect. He noted that it should read as follows: On September 61 1994, the City accepted a valid notice of intent to form an annexation ( the "Beck" annexation) signed by the owners of not less than 10% of the area proposed for annexa- tion. At this time, the City is in possession of signed "no -protest" (to annexation) agree- ments equaling more than 60% of the assessed valuation of the proposed annexation area. Because these no -protest agreements are the equivalent of actual signatures on an annexation petition, it is now appropriate to accept the no -protest agreements as the equivalent of a valid petition and to direct staff to prepare a "Notice of Intent" document for filing with the County Boundary Review Board. ORR MOVED to accept the appropriate no -protest to annexation agreements on file as the equi- valent of a complete 60% petition for the Beck Annexation, and direct staff to prepare -and file a "Notice of Intent" regarding the proposed Beck Annexation with the County Boundary Review Board. Woods seconded and the motion carried. PROCUREMENT (CONSENT CALENDAR - ITEM 3D)' CODE Procurement Policies. ADOPTION of Ordinance No. 3187 and APPROVAL of an administrative policy amending the City's procurement code to allow for more efficient and cost effective purchasing while maintaining accountability, as approved by the Operations Committee. The pro- posed procurementpolicies are divided into an ordinance for larger purchases and an adminis- trative policy for smaller purchases. MORATORIUM (PUBLIC HEARINGS - ITEM 2B) Moratorium Regarding Zoning for Adult Entertainment Businesses. This date has been set for a public hearing on the emergency ordinance adopted by the Kent City Council at 16 October 4, 1994 MORATORIUM its September 20, 1994 meeting, imposing a moratorium on the issuance of permits and on the acceptance of applications for permits for adult entertainment businesses. This ordinance was adopted as a result of the ruling of the U.S. District Court for the Western District in Cause No. C94 -256Z holding that the City's adult entertainment zoning restrictions do not provide an adequate number of alternative sites for the location of such facilities. The moratorium was established for a period of six months from the effective date of the ordinance or until the effective date of any ordinance establishing new land use regulations governing such businesses. Pursuant to RCW 35A.63.220, a hearing on the issue of a land use moratorium must be held prior to or within sixty days following adoption of such ordinance. City Attorney Lubovich explained that the Council did pass an emergency ordinance at the last Council meeting for a land use moratorium on zoning restrictions for adult entertainment businesses and that State law requires that a public hearing be held, if not before the ordinance then within 60 days of adoption of such ordinance, and that the Council must make findings. He noted that the Council has in- formation before them tonight which contains some proposed findings of fact that deal with this particular subject. Mayor White opened the public hearing. There were no comments from the audience. WOODS MOVED to close the public hearing. Orr seconded and the motion carried. Orr entered the following findings of fact into the record: A. On September 20, 1994, the Kent City Council adopted an ordinance establishing a moratorium on the issuance of permits and on the acceptance of applications for per- mits for adult entertainment businesses. B. Such moratorium is imposed pursuant to the authority of RCW 35A.63.2201 which provides that if a moratorium is adopted, the legis- lative body shall hold a public hearing and adopt findings of fact justifying its action on the moratorium. 17 MORATORIUM October 4, 1994 C. Therefore, based on evidence and informa- tion before it, the City Council of the City of Kent adopts the following findings of fact: 1. The activities defined and regulated as adult entertainment result in negative secondary effects detrimental to the public health, safety, and general wel- fare of the citizens of the City and, therefore, such activity must be regu- lated. 2. Regulation of the adult entertainment industry is necessary because in the absence of such regulation, significant criminal activity has historically and regularly occurred. This history of criminal activity in the adult enter- tainment industry has included pros- titution, narcotics, and liquor law violations, breaches of the peace and presence in the industry of individuals with hidden ownership interests and outstanding arrest warrants. 3. In order for the City to effectively protect the public health, safety and general welfare of its citizenry, it is important that the City be fully ap- prised of the actual ownership of adult .entertainment establishments. 4. In the absence of regulation, the acti- vities described herein occur regard- less of whether the adult entertainment is presented in conjunction with the sale of alcoholic beverages. 5. Based on the findings of the City of Kent Adult Use Zoning Study of November 1982, and the evidence of the negative secondary effects caused by the adult entertainment industry which have been noted and supported by findings of other legislative bodies, the City of Kent adopted zoning restrictions and licensing regulations in 1986 and 1988. 6. On August 11, 1994, the City's adult entertainment zoning restrictions were found, by the U.S. District Court for the Western District of Washington, to deny adult entertainment businesses reasonable alternative avenues of com- munication by not providing an adequate FU October 4, 1994 MORATORIUM number of alternative sites for the location of such facilities. 7. Based on this ruling, the City needs time to revise its present zoning re- strictions and determine how to provide reasonable sites for the location of adult entertainment businesses con- sistent with the court's ruling. 8. The protection of the public health, safety and welfare would be jeopardized by the establishment of adult enter- tainment businesses prior to adoption of new zoning legislation by Council after receipt of the recommendations regarding the zoning of such businesses by the Planning Commission. 9. Any changes to the zoning code must also consider changes in zoning regu- lations adopted pursuant to the Growth Management Act, RCW 36.70A. 10. The City Council therefore finds that the protection of the public health, safety and welfare supports imposing a moratorium on adult entertainment businesses pending appropriate amend- ments consistent with the ruling of the U.S. District Court. 11. Due to the court's ruling that City zoning code restrictions do not allow for an adequate number of sites for the location of adult use businesses, the City cannot properly accept and process applications for such facilities. 12. Pursuant to RCW 35A.12.130, the City Council also finds that, due to the negative secondary effects associated with adult entertainment businesses, an emergency moratorium ordinance is necessary for the protection of public health, public safety, public property, and public peace. 13. The findings set forth herein and as authorized pursuant to RCW 35A.63.2201 are adopted in support of the moratorium established pursuant to Emergency Ordinance No. 3185 for a period of six months from the effective date of said ordinance or until the effective date of any ordinance es- tablishing new land use regulations 19 October 4, 1994 MORATORIUM governing the location of adult enter- tainment businesses, whichever is sooner, and during said moratorium, no use permit shall be issued nor shall any use or permit application be accepted for any adult entertainment business as defined in KCC 5.11. ORR MOVED to adopt the findings on the emergency ordinance establishing a land use moratorium relating to adult entertainment businesses. Woods seconded. Mann reiterated his reason for voting on the moratorium, seeing it as a need to keep from having a proliferation of "Adult Entertainment" establishments in the City. He stated again for the record that he is con- strained to say that he does not concur with the Court's finding on this matter. He felt that the finding was ambiguous and an offense to himself personally, and he believes an offense to the Council as elected representatives of the people. He stated that he will not support any change in our present ordinance and will strive to keep the Council from compromising on this issue. The motion then carried. PARKS & (BIDS - ITEM 5B) RECREATION Kiwanis Tot Lot #1 Renovation. Four bids were received for the Kiwanis Tot Lot #1 renovation project. Parkwood Services, Inc. of Seattle was the low bidder at $65,625 (base bid of $62,200 plus Alternates 1 and 5). The engineer's esti- mate was $60,000-65,000, including Alternates 1 and 5. HOUSER MOVED to award the Kiwanis Tot Lot #1 project to Parkwood Services, Inc. in the amount of $65,625, which includes the base bid of $62,200 plus Alternates 1 and 5. Bennett seconded and the motion carried. HUMAN RESOURCES (CONSENT CALENDAR - ITEM 3M) Employee Assistance Program - Contract. AUTHORIZATION to enter into a contract with Maschhoff Barr and Associates to provide an Employee Assistance Program for City employees and their families, as requested by the Human Resources Division. NE October 4, 1994 BUDGET (CONSENT CALENDAR - ITEM 3Q) 1995 Budget Workshop - Set Date. APPROVAL to set October 18, 1994 for a Council workshop at 5:30 p.m. to review the 1995 Preliminary Budget document. This meeting will be used to distribute and review the 1995 Preliminary Budget and to receive further direction from Council on any additional meetings that may be required before the adoption of the 1995 Budget. A public hearing is scheduled for the November 11 1994 Council meeting, and adoption of the 1995 Budget is scheduled for the November 15, 1994 Council meeting. COUNCIL (CONSENT CALENDAR - ITEM 3T) (ADDED BY COUNCIL PRESIDENT WOODS) Excused Absence. APPROVAL of a request from Councilmember Johnson for an excused absence from tonight's meeting, due to illness. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through September 15, 1994 and paid through September 15, 1994 after auditing by the Operations Committee on September 28, 1994. Approval of checks issued for vouchers: Date Check Numbers Amount 9/1/94-9/15/94 146840-147388 $2,268,181.98 Approval of checks issued for payroll for September 1, 1994 through September 15, 1994 and paid on September 20, 1994: Date Check Numbers Amount 9/20/94 Checks 197761-198058 $ 254,775.31 Advices 18072-18434 439.655.12 $ 694,430.43 (CONSENT CALENDAR - ITEM 3J) LID 327 - Segregation Request. ADOPTION of Resolution No. 1407 authorizing the segregation of Assessment #45 in LID 327 and ADOPTION of Resolution No. 1408 authorizing the segregation of Assessment #46 in LID 327, as recommended by the Public Works Committee. The property is 21 October 4, 1994 FINANCE being divided separately thereby each one paying its equal share of the assessment. (CONSENT CALENDAR - ITEM 3K) LID 330 - segregation Request. ADOPTION of Resolution No. 1409 authorizing the segregation of Assessment #6 in LID 330 and ADOPTION of Resolution No. 1410 authorizing the segregation of Assessment #7 in LID 330, as recommended by the Public Works Committee. The property is being divided separately thereby each one paying its equal share of the assessment. (CONSENT CALENDAR - ITEM 3N) LID 344 - Installment Note and Ordinance. APPROVAL to provide a 10 -year installment note to fund LID 344 from the LID Guaranty Fund, and AUTHORIZATION to approve Ordinance No. 3190 and have the Mayor sign the 10 -year LID installment note for $66,097.12, as recommended by the Operations Committee. (CONSENT CALENDAR - ITEM 30) LID 342 - Installment Note and Ordinance. APPROVAL to provide a 10 -year installment note to fund LID 344 from the LID Guaranty Fund, and AUTHORIZATION to approve Ordinance No. 3191 and have the Mayor sign the 10 -year LID installment note for $57,988.81, as recommended by the Operations Committee. PUGET POWER (CONSENT CALENDAR - ITEM 3P) Puget Power Receipting - Letter of Agreement. AUTHORIZATION to have the Mayor sign a letter of agreement with Puget Power for the City to begin receipting Puget Power payments for our citi- zens, effective October 1, 1994, as recommended by the Operations Committee. VALLEY MEDICAL (OTHER BUSINESS - ITEM 4B) CENTER Valley Medical Center Proposed Tax Levu Lid Lift. The Operations Committee has recommended adoption of a resolution opposing Valley Medical Center's proposed tax levy lid lift. Valley Medical Center is proposing a tax levy lid lift which may impact funding of junior taxing dis- tricts. The resolution encourages citizens of Kent and local neighboring communities to become informed of the impacts to public safety as a result of the proposed tax levy lid lift, and further encourages junior taxing districts and 0* October 4, 1994 VALLEY MEDICAL the State legislature to evaluate long term CENTER funding options and solutions to meet the community's needs for public safety services. ORR MOVED to adopt Resolution No. 1411 opposing Valley Medical Center's proposed Hospital District tax lid lift due to the public safety impacts to the citizens of Kent and neighboring communities. Houser seconded. Eric Thoman, 400 S. 43rd Street, Renton, Washington, submitted a letter to the Council and noted that he is representing Valley Medical Center (General Counsel for the hospital). He expressed that he is surprised at the City Council for considering a resolution in opposi- tion to the hospital particularly in light of the fact that not one of the Councilmembers have contacted the hospital administration to learn about the hospital's needs. He noted that the hospital has some serious needs and would like to sit down with the Council and explain them before any decisions are made against the hos- pital. He noted that Mr. Clark had contacted one of the emergency room nurses at home to find out about this increase and to let the hospital know that the Council was going to take a posi- tion against them and Mr. Roodman, the hospital administrator. He stated that the hospital was shocked to find statements in the newspaper made by Mayor White that Valley Medical Center's proposed tax levy lid increase constituted a raid on the other junior taxing districts tax levies. He further stated that no one owns the tax base as it is up to the voters to determine where their taxes are to be spent. He explained that in his letter submitted to the Council, he points out that the hospital could raise its rates to $.75 per $1000 of assessed value but after discussion with the King County Tax Assessor, the hospital chose to go up $.50 because that does not impact other junior taxing districts. He noted that the King County Tax Assessor is making a very conservative projec- tion that could impact the other junior taxing districts but that his numbers project a de- crease in property values for 1996. He noted that the chairman of the Federal Reserve is raising interest rates for the fourth time this year, and that he projects inflation which means that the property values go up and yet the King 23 October 4, 1994 VALLEY MEDICAL County Tax Assessor is projecting a decrease in CENTER property values for 1996. He noted that Valley Medical Center passed a resolution to meet the concerns of the other junior taxing districts by stating that Valley Medical will protect the tax levy and pay them dollars that it takes away should there be a proration as well as protect the junior taxing district 6% increase asked for every year whether they need it or not. He further stated that he felt some of the council was victim to some backroom lobbying by Norm Angelo, and that he has convinced them this is going to be a raid on the Fire Protection District. He stated that Angelo's tax levy rate is 30% higher than the average of the Fire Pro- tection Districts in King County so if he would lower his rates by $.26 and meet the average, just like Valley Medical is trying to meet the average of other hospital districts in King and Snohomish County, there would be plenty of tax dollars to go around. Steve Kay, Chief Financial Officer for Valley Medical Center, residing at 3528 SW 171st Street, Seattle, distributed to the Council a document which addresses some levy questions and answers and briefly told the Council about the hospital's needs. He explained that Valley Medical Center has not come to the voters for 17 years to ask for a tax levy increase, and that their current tax levy rate is $.08, but that the hospital could be asking for up to $.75 increase. He felt that the hospital board and administration has set an example by running an operation where they have not sought to go to the taxpayers like the other hospital districts in the State and ask for as much tax support. He expressed that Valley Medical Center has come to the trough last and now they are being criti- cized because they have saved the taxpayers dollars over the number of years. He explained that the money would support the emergency room services, the community outreach programs for seniors and children, help to expand the primary care base need in South King County, and support their designation as a Level 3 Trauma Center in the State plan. He pointed out that over the last several years the hospital has implemented many cost saving measures in a time when medical costs have been soaring and noted that the.hos- pital has gone as far as they can in containing 24 October 4, 1994 VALLEY MEDICAL costs. He explained that the hospital had a CENTER need for about $12 million, went to the County Assessor and was informed that they could go up $.50 without impacting any other junior taxing district and so the tax levy request was cut back to $.50 in view of that information. Connie Myers, 3608 -196th Avenue Court East, Sumner, noted that she works at Valley Medical Center in the emergency department and reiterated the concerns that she has on the Council's wishes regarding the tax levy. She noted that she has worked for the hospital for 13 1/2 years because she feels it is the best hospital in the area and because of the quality care provided to the community but she is con- cerned with the fact that it is getting harder to provide the quality care and the needs the hospital has for this levy to be passed. Kathy Schaeffer, 16315 - 131st Avenue SE, Renton, noted that she is the 3:00-11:00 charge nurse in the emergency department at Valley Medical Center. She noted that she had received a call at home last night from Councilmember Clark, that she returned his call today, and that he had informed her that the City Council was planning on taking a stand tonight against the bond issue and against Rich Roodman. She explained that she was in favor of the bond issue but that her personal issue was that at the beginning of the summer the rapid care was closed, which is part of the emergency de- partment, in which they see patients with non - urgent, non -emergent medical problems such as children with ear aches, sprains, and cuts and those types of things. She noted that rapid care helps to keep these patients out of the flow of the emergency department where more emergent situations are handled as well as cutting down significantly their wait time of up to 50% or more. She explained that because about half of the.tax money from the bond issue will go towards emergency services, this is why she was concerned about the success of the bond issue. She noted that the staff has been cut twice in the last two years by the hospital's efforts to streamline the budget and have worked very hard to continue to care for patients in the community and hope this will be considered in the upcoming bond issue. `01 October 4, 1994 VALLEY MEDICAL Council President Woods thanked Mr. Kay, CENTER Ms. Myers, and Ms. Schaeffer for their com- ments, and wanted to enter for the public record that it is fortunate that they spoke after Mr. Thoman. She stated that she would like to perhaps send Mr. Thoman a tape of the manner in which he had addressed this body and suggest in all honesty that many of the Council feel that the manner in which he addressed them better personifies the attitude of Valley Medical Center than what the presence of the other three individuals do. She stated that there was outright arrogance in addressing the Council and suggesting that the Council could have accessed the hospital for information, when they already have information as to what's going on, slan- dered Chief Angelo, and it is not only the Mayor who feels offended when a member of the staff is attacked publicly. She explained that Chief Angelo came to the Public Safety Committee in which she had filled in for Mr. Clark on that occasion. She noted that Chief Angelo had sug- gested that a much milder resolution be adopted than what's in the Council packet tonight and certainly not one that opposed the levy and she wanted it to be a part of the public record. She explained that Chief Angelo took the very high ground when he came to the committee meet- ing, and that it was after the committee had adjourned that several separate resolutions went to the Operations Committee resulting in the resolution that appears before Council tonight. She suggested that Mr. Thoman's comments tonight were in the attack mode because he is a Counsel and Attorney, but that the Council does not function that way here. She noted that they try to be measured and reasoned in their interaction and that he must have found them to be at least reasonable, not contemptuous, of the people who appeared before them tonight. Woods. noted that the Council at least listened and tried to do it in a measured way. She further noted that the problem Council has is that they must protect their citizens' public trust in every possible way, and that there are sincere concerns as to whether they would be doing that if they support the levy. She explained that the Council is elected by the citizens to not just provide for the funding of Valley Medical Center, which is a very big player in the valley, but to take into 26 October 4, 1994 VALLEY MEDICAL consideration the other concerns that are also CENTER present. She stated that we all know that the community needs are enormous, and we all know that we've almost reached the limit beyond which we cannot move in terms of our taxing abilities. She explained that this resolution says that we must address this beyond the local level, go to the State and ask the State to help address these major concerns. She emphasized that there is no question that Valley Medical, the Fire District, and other junior taxing districts have needs, but that they should be able to work the differences out over time. She noted that since Valley Medical is the major player in this levy request that perhaps they should work more co- operatively with the cities to solve some of these needs because everyone is under the gun and no matter what is done tonight, we will perhaps not have satisfied anyone. She further noted that there is no reference to the hospital administrator in this resolution. Houser noted that the concerns discussed at the Public Safety and Operations Committee meetings were flooding in the valley and public safety issues. She noted that the City is not opposed to the hospital, but rather the lifting of the lid without knowing what the consequences will be to the public safety and the citizens' safety in the valley. Orr noted, for the record, that she had received in the mail recently a lengthy piece of information about this issue which she read along with the flyer from Valley Medical Center. She stated, for the record, that this is most definitely not an issue against Valley Medical Center, and that she shares Dr. Woods concerns about the comments made about Fire Chief Norm Angelo. She explained that when he came to the committees, he came with facts, figures, information, and what he honestly be- lieved that the impacts could be. She noted her concern about the levy is that Valley Medical is willing to revert.back to the other two taxing districts money they might need in order to survive during the next five years, if the worse case scenario were to happen, which makes her question why they went after the $.50 amount at. this time rather than a smaller amount to see what will happen to the other two districts. Orr stated that she believes this resolution is 27 October 4, 1994 VALLEY MEDICAL in the best interest of the citizens of Kent, CENTER and that she will be supporting it. Clark apologized to Ms. Schaeffer for disturbing her, but noted that he was doing as much re- search as possible to find out about Valley Medical, and that he wanted another side as to what was happening. He noted that all the employees of Valley Medical are very sincere in wanting to provide the very best care possible, but that he had a problem with the presentation made in trying to lift the lid in the negotia- tions with the other districts. He opined that it was not exactly done in, what he felt was, the best interest of all the players in the game. He noted that Valley Medical clearly has some employee morale problems with two cutbacks in the nursing staff when the Administration proceeds to make significant sums of money both in terms of salary and bonus. He noted that staff also has been receiving bonuses and increases in salary at this time, and then the hospital turns around to pit public service and public safety against each other stating that they need tax dollars to try and make up for the shortfall. He expressed that he has great difficulty with that, and that he is not going to sit back and take it lightly. Mayor White asked Mr. Thoman to take a message back to his Administration that they do their homework with the community. He stated that the Council has no quarrel with Valley Medical as it is a fine facility, but that Administration needs to talk to the people in the district so that things can be worked out ahead of time,then bodies like the Kent City Council won't be taking positions like this. The motion then carried unanimously. REPORTS Council President. Woods reminded the Council that Suburban Cities Association will meet on Wednesday, October 12th, at the Woodland Park Zoo and if they plan to attend to let Ms. Banister know. Public Works Committee. Mann requested that Council excuse him from the October 18th Council meeting as he will be out of state for the whole week. RM October 4, 1994 REPORTS Parks Committee. Houser asked everyone who comes into City Hall to please bring in some food for the Kent Food Bank, and noted that it would be greatly appreciated. EXECUTIVE Operations Director McFall added another item SESSION regarding discussion of property acquisition to the executive session, and noted that action is anticipated on one of the items. At 9:05 p.m. the meeting recessed into executive session to discuss labor negotiations and property acquisition. The meeting reconvened at 9:25 p.m. (LABOR BENNETT MOVED to authorize the Mayor to enter NEGOTIATIONS) into a contractual settlement with the Assistant Fire Chiefs as evidenced by the document presented to the Council in executive session, and to accept it as part of the public record.. Orr seconded and the motion carried. ADJOURNMENT The meeting adjourned at 9:26 p.m. Donna Swaw Deputy City Clerk 29 Kent City Council Meeting Date October 18, 1994 Category Consent Calendar 1. SUBJECT: COUNCIL ABSENCE 2. SUMMARY STATEMENT: Councilmember Paul Mann an excused absence from the October 18, 1994 City Council meeting. He will be out of town and unable to attend. 3. EXHIBITS: Memorandum from Councilmember Mann 4. RECOMMENDED BY: Councilmember Mann (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 seconds DISCUSSION: ACTION: Council Agenda Item No. 3C MEMORANDUM TO: JIM WHITE, MAYOR CITY COUNCIL MEMBERS 1 FROM: PAUL MANN, CITY COUNCILMEMBERi i t J DATE: OCTOBER 6, 1994 SUBJECT: CITY COUNCIL EXCUSED ABSENCE I would like to request an excused absence from the October 18, 1994 City Council meeting. I will be out of town and unable to attend. Thank you for your consideration. PM:j b Kent City Council Meeting Date October 18, 1994 Category Consent Calendar 1. SUBJECT: REITEN ROAD LANDSLIDE REPAIR 2. SUMMARY STATEMENT: Authorization to transfer $6,800 from the completed Central Avenue Green River Bridge Project Fund to the Reiten Road Landslide Repair project. 3. 4. The City has received a bid from Pile Con�tractors 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 out of,t a Reitedn Road �.5� n u e Landslide Repair at Maclyn Street 49r which iNE�-ato construct two repair projects out of a budget established for one. 'fhe Public Works Committee has recommended `ion fez the transfer of $6,800 from the completed Central Avenue Green River Bridge Project fund (R96) to the Reiten Road Landslide Repair project. EXHIBITS: Public Works Director memorandum, Public Works minutes and vicinity map RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT• 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: NO ✓ YES Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3D DEPARTMENT OF PUBLIC WORKS October 10, 1994 TO: Public Works Committee FROM: Don Wickstrom Ad RE: Reiten Road Landslide Repair Vicinity of Olympic Rise We recently requested bids for the above subject repair. One bid was received from Pile Contractors Inc. for $24,400.00. This cost, coupled with the work to be performed by City crews ($4,000) brings total costs to $28,400.00. The budget for the project is out of the Reiten Road Landslide Repair at Maclyn Street. $65,000 was established to do the Maclyn Repair, for which after completing same, $21,600.00 remain. Essentially, we are trying to squeeze two repairs out of a budget established for one. To make up the difference ($6,800) we are recommending that $6,800 be transferred from the completed Central Avenue Green River Bridge Project fund (R96) for which approximately $25,500 exists therein. Since the bid is below bid limits, formal Council award of the bid is not necessary. As such, action requested is for budget transfer. ACTION: Recommend authorizing the above referenced budget transfer. REPAIR 511 lit III L it �.- - �_ � � \` �'. � \�\'. '. ! �--�\ • �` PROJECT LOCATION \�,?.�, �•�\\ �\' OFA `\ •ALJ .. �--' W � l/ � ` � `\`;` fill _ VICINITY MAP N.T.S. REITEN ROAD LANDSLIDE REPAIR up to almost $110001000 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. Reitan Road Landslide Repair 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! 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 11 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• Kent City Council Meeting Date October 18, 1994 Category Consent Calendar 1. SUBJECT: LEXINGTON SQUARE FINAL PLAT (FSU -94-5) 2. SUMMARY STATEMENT: 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- }. The preliminary subdivision was approved in King County a upon the East Hill/Ramstead Annexation, the final plat ca e 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. 3. EXHIBITS: None 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 6P 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. 3E Kent City Council Meeting Date October 18, 1994 Category Consent Calendar 1. SUBJECT: ST. ANTHONY'S CHURCH ALLEY VACATION STV -94-2 t 2. SUMMARY STATEMENT: Adoption of Ordinance No. N 4 vacating an unopened alley that directly abuts Saar Street along the north margin and between Second and Third Avenues in the City of Kent. 3 4. [in VA EXHIBITS: Ordinance, attached petition RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YES EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: econds Council Agenda Item No. 3F ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to the vacation of streets, vacating an unopened alley that directly abuts Saar Street along the north margin and between Second and Third Avenues in the City of Kent. WHEREAS, application was filed with the City of Kent by the Corporation of the Archbishop of Seattle for St. Anthony's Church in Kent to vacate a portion of an alley extending northward from Saar Street at St. Anthony's Church; and WHEREAS, the Kent City Council, by Resolution 1385 fixed a time when said petition would be heard and the hearing was held with proper notice on April 5, 1994, at the hour of 7 p.m. in the City Council Chambers of the Kent City Hall; and WHEREAS, the Kent Planning Director processed said petition and secured technical facts pertinent to the question of said vacation and also secured a recommendation as to approval or rejection thereof by the Public Works Department; and WHEREAS, the Public Works Department and Planning Director recommended that the City Council approve the vacation on the condition that the applicant grant the City a utility easement but without additional cost to the applicant, since the City has had no expenses associated with this alley, and could therefor be vacated without compensation to the City by the owners as a Class "C" right of way under ordinance 2333; and 1 WHEREAS, the City Council finds that the street sought to be vacated is: (1) an alley not presently being used as an alley; (2) not suitable for any of the following purposes: port, beach or water access, boat moorage, launching sites, park, public view, recreation or education; (3) a Class "C" right of way under Ordinance 2333; and (4) 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. The alley described in the petition for vacation by the Corporation of the Catholic Archbishop of Seattle for St. Anthony's Church in Kent, which is attached herto 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 r; 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#5.ord (SEAL) BRENDA JACOBER, CITY CLERK 0 I4A1L T0: APPLICANT: Corporati of the Catholic Archbishop as Seattle Gerald U. McCaughan Hama: - n tr. eatt e, Wa" 98104 anc CITY OF KENT Address: -- 220 So. 4th Ave. Kut, WA 98032 382-4370 Phone: ----- ---_ - CITY OF KEi fi ,e STREET AND/OR ALLOY VACATION APPLICATION AND PETITIO!! Dear Mayor and Kent City Council; E NUINEE_NINU UEPJ We, the undersigned abutting property owners hereby respectfully request that ' certain 8'x0' atr�p_. hereby he vacated. tGeneral Location) Legal Description The East eight feet of lot 12, block 9 of Yesler's First Addition to the town of Kent, as recorded in Volume 5 of Plats, page 64, King County" Note : See attached copy of Deed. e BRIEF STATEMENT WHY VACATION IS DE11IG SOUGHT In order to complete King County recording showing removal of lot lines in block 9 of Yesler's First Addition to the city of Kent, in connection with proposed new church building, the Corporation of the Catholic Archbishop of Seattle petitions the City of Kent to vacate the strip of land described above and in return the corporation will put on record the formal conveyance of a ten foot wide easement for sanitary sewer as outlined in the attached site plan (survey). Sufficient proof, copy of deed contract etc, supported by King County Tax Rnlls shall he suhmitted for verification of signatures. Without these a .CURRENT" title report signedshall be requirethen oof 4d. ofeindwpdualisns, Partnerships etc. are being authority to sign for same shall also be submitted. = 200' of the area Attach a color coded map of a scala of not less than 1" ;mmht fn_r yarrtinn.. f,lQTFI_ Iden mi+aY_rnrrncnnn i_ with 1 nnnl rinrrrin.tinn _ _ _ _ _ -'- - • - - ST. ANTHONY CHURCH, 310 Third Avenue South, Kent, Wa. 98032 TEL. 859-0444 by: C Rev, Peter Duggany Pastor EXHIBIT 9e2570@ T U S �s7eIrJ76o ` =257ee765 ST ANTHONY CHURCH VACATION STV -94-2 0 N s r: 7E27sp ST AWTH onto( (! CHURCH 3e2572v75a1 7257237.55 I La 2s7ea7se � � _ I fI 1 ) I . sa257eOOGe � I l9625720aP-5 ED Z ' C 'J _ ._.. w zn A +625?0072a c^7 4 57?OGc^� 1 75 0 Se2s7C2715 j I ii=57a�6s IS92s7aeF7e I �9525700665 i WILLS >3so»2aa I I�,�sae�� o6ej�eo3 I �39E3o��5 ( C4.'�:.:oaal 0ae`�6IC1HE7�J 122 ! ! ,�,lc S c2pi_SS -7 I WCE360c'�99 00F3aa1I 3S6©2e5 w F -- U7 `?E257e�5 � I..O L.il VUC. s6257aZ�-3e 96z57eaa<s 2422 s, z 222-ase1 1 _' 22 9 I� j `� I9 ,7S6Zi i i '422e45Z2 i 4'22Zz.S29I 422-4 -C ;Z2 422a49e? I962s��2a ss2s7e 5 I�'JCJ�CJCI�� S6zsaae6a III I�62S7eeZ35 I 56257e&'�4© S -i: S62s7eWe5 �2P 5 ji7©D'o 6 O0E'��l p j`—'—� LlE}E366 e00 e i U I C'L31�66D0Q; 1 Lli � 398o9DeQ3i'7 I F3D066p00:3 Kent City Council Meeting Date October 18. 1994 Category Consent Calendar 1. SUBJECT: 45TH PLACE SO. STREET VACATION STV -94-3 2. SUMMARY STATEMENT: Adoption of Ordinance No.'1 5 vacating a portion of 45th Place South, a dedicated and open street in the City of Kent. 3. EXHIBITS: Ordinance, attached petition 4. M 0 7. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT: EXPENDITURE REQUIRED: $ None SOURCE OF FUNDS• CITY COUNCIL ACTION: NO X Councilmember moves, Councilmember DISCUSSION: ACTION: YES econds Council Agenda Item No. 3G ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to the vacation of streets, vacating a portion of 45th Place South, a dedicated and open street in the City of Kent. WHEREAS, application was filed with the City of Kent by Mardel Investment Company, owner of property abutting 45th Place South, for the vacation of a portion of a dedicated and opened segment of 45th Place South in the City of Kent; and WHEREAS, the Kent City Council, by Resolution 1391 fixed a time when said petition would be heard and the hearing was held with proper notice on August 2, 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 with the following conditions: 1 I . That the petitioner shall provide to the City for review and approval, a field topographical survey of the proposed area wherein a hammerhead turnaround could be built. Said survey shall be stamped by a Washington State Licensed Land Surveyor. Denoted on the survey map along with the topographical features of the land, shall be existing curbs, pavement, catch basin(s) power poles, driveways, building foundations, property lines and right of way lines. 2. That the petitioner shall deed to the City that portion of his property as determined by the Public Works Director as necessary for the construction of the hammerhead turnaround. 3. That the petitioner shall pay the City one-half the fair market value of the remaining balance of the vacated property. The remaining balance is the original square footage of right of way being vacated, less the square footage of petitioner's property deeded to the City per Condition #2. 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, F 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 45th Place South described in the street vacation application of Mardel Investment Company, 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 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. 3 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. (SEAL) BRENDA JACOBER, CITY CLERK STVACN#4.ORD tiAll. 10: AI'11_It al!3 Geral d It. WC,I.., 11311 Name: 111:VIN L.\LII��L.•A CITY OF LENT "0 Ca, 1th Ave. Ad,hrss:t /L1_IaLtrt.�_._San�ack_-- Kcnt, I;.\ 9903.^. �):1 JQ5t Titus St., Nott, Hltl. 9S032 Phone: _C206) .._. '-1__ 118 ----- STREET AILD/011 ALLEY VACATION APPLICA11011 AND PElII1014 Dear I1:yor and Kent City C.ounCil: We, the undersigned ahutting property oirners, herchy resrectfully request that certain richt Of taay hereby be vacated. (General Location) Legal Description That .x -tion of 45th Place South right-of-caav lying east of a line c tunencing at the Northwest corner of Lot 6, Block 1, Pierce's First Addition according to the plat thereof recorded in Volume 65 of Plats, page 75, Records of King Cou tv, Washington and descrived as follows: Beginning at said Northwest corner o_ said Lot 6; thence a distance of 110.79 feet, more or less, to the Southwest corner of said Lot 6 and the te_=Llnus of said described line; oamprising an area of 1703.25 square feet. BRIEF STATEFIENT WHY VACATION IS BEING SOUGHT This application is supplemental to street vacation application STV -93-2,. the-aoproval of which has lapsed. That application was pacad with concurrent variances and has lapsed. Reapproval is being sought. =J_ =nt proof, copy of deed contract etc. suprort-d by Tang County _ _- T_z Golls shall be submitted for verification of signatures. !Tithout a "CURRENT" title report shall be required. i'lien Corporations, r`_-erships etc. are being signed for, then proof of individual's ev`hority to cion for same shall also be submitted. Attach a color coded map of a scale of not less than 1" = 200' of the area sought for vacation. (NOTE) Hap must correspond math legal description. AHTTING PROPERTY OWNERS SIGNATURES AND ADDRESSES TAX LOT n LOT, DLOCY. L PLAT/SEC. TWIT. RG l- _, (Ti,<� ��e/f/Fl� 116777800060 MARVIN LAUKALA, PRES. - MARDEL INVESTMENT CG'TANY 5150.00 Fee Paid Appraisal Fee Paid Land 'Ialue Paid Deed Accepted Trade Accepted 5224-33A Treasurer's Receipt 110. Treasurn.r's Receipt No. Treasurer's Receipt Nn. -- Date_—_ Date EXHIBIT... P/1 Kent City Council Meeting Date October 18, 1994 Category Consent Calendar 1. SUBJECT: CPI 135 GREEN RIVER SQUARE n--�xzuII�i GALE 2. SUMMARY STATEMENT: As recommended by the Public Works Director,14uthorization 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 operation of a five phase, fully activated traffic signal and release of bonds after expiration of the maintenance period. 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. 3. EXHIBITS: Vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO ✓ YES M- 7 7 EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember. f7iF�iF'��i7►F econds Council Agenda Item No. 3H 54TH AvE.S ZZ6 D co 3 -4 1 0 C>j CC) -0- x VE —>, w -i> 550 z z U3 N 0§0 58 TH AVE -S AVE N 2ND AVE E 64-TH AvE.S 'ph G&TH AVE 3 .Now (WEST VALLEY 0 0 NN NN 0 o AVE. 74co �W 72NO AVE 7S 0 (D Ln 72 Od- > Indusb-ml i jdustrist Rw Industrial F �l 76TH AVE s 3Av 0 C6 (Jd -4 71ST PL S 6TH AVE 58 TH AVE -S AVE N 2ND AVE E 64-TH AvE.S 'ph G&TH AVE 3 .Now (WEST VALLEY 0 0 NN NN 0 o AVE. 74co �W 72NO AVE 7S 0 (D Ln 72 Od- > Indusb-ml i jdustrist Rw Industrial F �l 76TH AVE s 3Av 0 C6 ��r Kent City Council Meeting Date October 18, 1994 Category Consent Calendar 1. SUBJECT: ALDERRA PRIVATE ROAD (CPI 135 GREEN RIVER SQUARE) - 2. SUMMARY STATEMENT: As recommended by the Public Works Director, 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. This project is located at 66th Avenue So., south of S. 212th Street. 3. EXHIBITS: Vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. Gin 7. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO Z YES EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: econds Council Agenda Item No. 31 54 TH AVE.S 15—(D(D 0uIco zzz J1 W 0 • c i N j 71ST PL S D rn m D N 6TH AVE 58 TH AVE.S 64-TH AVE. N N»1 S AYE 1 yR 1 N 2ND o n AVE IndustriM R A"-- . r A r 6jTH AVE S �.. .-. (MEET VALLEY RD) v N o L O =j f�'IrO x AVE. g y -ao Z m m m m r� -. Q rzz > > / 76TH AVE S -� 5 s Wi..du�trNl Pr. ow 2. 4. 21 �l Kent City Council Meeting DateOctober 18, 1994 J\ Category Other Business �qk SUBJECT: LID 345 - S. 18TH STREET IMPROVEMENTS SUMMARY STATEMENT: This matter was referred back/ to the Public Works Committee at the fast Council meetingAb hhzir �- October 10 th! rceet ;4q, the 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 yeeteber!Gt=. memorandum. -Ptir,'-Fhe Committeel stipulated that additional traffic counts be provided.r OV D EXHIBITS: Public Works minutes, Public Works Director memorandum and vicinity map RECOMMENDED BY: Public Works Committee (2-1 vote) (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES EXPENDITURE REQUIRED: SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember W L,/ moves, Councilmember d0hhi4L7n seconds LFostca Pepper-) to direct the City Attorney to prepare 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 memorandum. DISCUSSION: ACTION: Council Agenda Item No. 4A 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 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 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 11 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. Reiten Road Landslide Repair 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. 4 PUBLIC WORKS DEPARTMENT October 10, 1994 TO: Public Works Committee 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 new 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. y r rr rrrr rrrloNJm�l p 10N JOl H. . . . . . . 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L UNDARY > w �,,,.r, rrrrrrrl .i1 r J S ti F- Q ASSESSMENT NUMBER co � 2 Lu r Q Z PROJECT LOCATION m � O J O O O I Z M � H � 1. y S. 21 0 F1 ST. C O O O ; B 9 11111.11 L1111-1 I 1 , 11, LI 7111-I-75� - .1 g 1111i1I1111.11111 F � `i Y C 1l (go i3 Qjb 11 O2 PROPOSED L.I.D. SOUTH 218TH STREET IMPROVEMENT (EAST VALLEY HIGHWAY TO SR 167) JANUARY 27, 19,94- I-- Lo 994- PRESENT: PUBLIC WORKS COMMITTEE PAUL MANN JIM BENNETT TIM CLARK DON WICKSTROM JULY 25, 1994 TOM BRUBAKER ROD BAILEY MR & MRS RUST LID 345 - South 218th Street Improvements Wickstrom stated that at the previous Committee meeting, there was a discussion regarding the deletion of sidewalks and the implication that would have. He said sidewalks on the south side of the street amount to about $18,000 however, because of the way the properties lie, the properties do not have much depth on the south side versus the north side. He said the bulk of that $18,000, if reduced, would be Trammell Crow's. He further said that on the Rust's property their savings would amount to $229.00, noting that a sidewalk could not be built for that amount of money. He said the large parcels on the north side, will be picking up the major portion of the assessments. Wickstrom noted that deleting the sidewalk would result in a reduction, however not significant; if sidewalks ever had to be built the best way is to have them included in the LID because of the cost, in terms of the smaller properties on the south side of the road. Wickstrom said that we also looked at reducing the right of way take along the south side by two feet, the results being that the properties on the south side would be getting paid for that right of way. By taking that (right of way) away, they get less money in return, which in this scenario, would result in a higher assessment. He said the right of way amounts to about $38,000. Wickstrom explained that the issue was, by deleting the sidewalk and deleting some of the right of way on the south side, the results are that some of the assessments on the south side would increase because they have less right of way credit (less money in return for their right of way) and some of the cost for sidewalks would be absorbed by Kent Corporate Park which is a parcel with big depth on the north side. In response to Clark's question regarding eliminating sidewalks in the curve area possibly making it more feasible for vehicles to pass at that point, Wickstrom stated that the sidewalk has no bearing on where the curves go noting it would be a 32' wide road. Wickstrom further explained the structure of the road by reviewing the plans with the Committee. In response to Mrs. Rust's question on what value this LID has to the City, Wickstrom said that the issue here is the safety concern with the curves in the road and the fact that we will not allow development east of the curves because the road is not wide enough to accommodate the traffic. Bennett stated that he felt the north side of the road has more built-in space, even allowing for the number of utility poles which would need to be removed. He felt it would be more functional to do the LID on the north side of the road. Wickstrom responded saying that the issue on the north side of the road was that if we move those power poles, we would have to go underground per our ordinance, and that would get costly. He said because of that, we took advantage of moving it to the south side and using that area for the swale; we wouldn't need to relocate the power and that saves the entire LID money. Committee voted 2-1 to proceed with the adoption of LID 345 as presently designed. Resolution - Rail Corridor Passenger Service Objectives Mann stated that this was discussed between Councilmembers with regard to incorporating language into the Resolution that would insure the use of the building owned by Burlington Northern. Brubaker said his interpretation of this was that Council wanted the Operations Director to contact Burlington Northern and look into the possibility of using the building. Mann suggested that some language be included in the Resolution stating that Burlington make a stop in Kent. Committee unanimously recommended adoption of the Resolution as amended. Meeting adjourned: 5:05 P.M. DEPARTMI:JNT OF PUBLIC WORDS ,July 219 1994 To: Public Works Committee FROM: Don Wickstrom—V RE: LID 345 - S. 218th St. (East Valley Hwy. to SR 167) Proposed Scope of Work Revisions The formation of LID 345 was discussed during the June 13, 1994, committee meeting. Several property owners in attendance suggested that sidewalk is not needed on both sides of the road and that the south side sidewalk could be deleted. The Engineering Department has evaluated the impact on project costs and LID assessments should the south side sidewalk be deleted. The results by parcel are shown on the attached table. Column 1 is the original total assessment after payment or credit is given for right-of-way acquisition. Column 2 shows that deleting the sidewalk would reduce project costs by $17,972.06 (1.54%). Column 3 is the total assessment after credit if the south side sidewalk is deleted (Col. 1 - Col. 2 = Col. 3). Column 4 shows that if 2 feet of right-of-way on the south side is also deleted, the savings would increase to $37,927.60 (3.25%). Column 5 shows the reduction in payment or credit for the right-of- way acquisition resulting from the above mentioned right-of-way deletion. The total is $19,955.54. Column 6 shows that deleting both the sidewalk and right-of-way results in a net increase in actual out of pocket expense for 6 properties. The loss of income from the reduced sale of right-of- way to the City is greater than the savings in the assessment (Col. 5 - Col. 4 = Col. 6). Column 7 shows the resulting final assessment after credit if both sidewalk and right-of-way are deleted. It should be noted that due to the depth of the properties on the north side of the road, they received 62% of the assessment and therefore 62% of any cost savings. Attachment un4 �Y AIJ N. JO• W A W Nr W M I . I I pMM4e{,� Ww4Mt'Y t"Y•71 I,1 H x H X1 to H W O z O Y- O m w 0 w tt O w r r w n m PI P. 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I•WJ el lu It U1 I; U1 •-' n. r Y J U tV UI A UI W VI w r 1)1 UI IJ U tV 11 W U. :4 l•1 1 c' uI �. 1^ o J N UI b• �.. IJ nl `.I iO �., n, n N IJ ;D m ,-1 n IA 1 n J VI N IlJ 1 VJ VI 1+ U.II .JU InN\U UVI 1-O1n IlUU \IVII lJ W:- N n n W rJ • n O A VI r fn W InrA I'(J W U) O N J 1.1 r-1 V m V I lU A W O U W lU N Y J J UI IU u1 A r N W W N r a ID Kent City Council Meeting Date October 18, 1994 Category Other Business 1. SUBJECT: REFERENDUM 43 - RESOLUTION 2. SUMMARY STATEMENT: A resolution has been prepared sup- porting 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. 3. EXHIBITS: Resolution 4. RECOMMENDED BY: DWI Task Force Council President (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ None SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember 0"DL moves, Councilmember ki/LL. seconds to adopt Resolution No. supporting Referendum 43. DISCUSSION: ACTION• Council Agenda Item No. 4B RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, supporting Referendum 43, relating to funding for violence reduction and drug enforcement programs under the 1989 Omnibus Alcohol and Controlled Substance Act. WHEREAS, the 1989 Omnibus Alcohol and Controlled Substance Act ("Omnibus Act") provides critical resources for addressing the broad range of drug-related problems that plague our state, particularly crime, violence and joblessness; and WHEREAS, the Omnibus Act incorporates a comprehensive, long-term approach to treat and prevent chemical dependency and supports programs that include drug and alcohol treatment, law enforcement, education, social services and criminal justice assistance; and WHEREAS, the Omnibus Act provides cities with direct funds for initiatives such as DARE and other substance abuse programs; and WHEREAS, the sunset clause for the original taxes was removed and funding was reauthorized in ESSHB 2319, the Violence Reduction Act passed by the 1994 Legislature. WHEREAS, certain tax portions of the Violence Reduction Act expire on July 1, 1995. WHEREAS, passage of Referendum 43 would extend taxes on sales of cigarettes, liquor and pop syrup to fund violence reduction and drug enforcement programs under the Omnibus Act. WHEREAS, failure to pass Referendum 43 will mean the loss of important services and severely impact our ability to deal with the issues of drug and alcohol abuse, and related problems such as crime, youth violence and family dysfunction; and WHEREAS, enhanced penalties in the 1994 Violence Reduction Act will be null and void without this funding, as specifically stated in the legislation; and WHEREAS, new funds would expand and support service restructuring, community networks, and provide much needed additional funding for community priorities in combating youth violence; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: E section 1. The Kent City Council supports the passage of 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. Passed at a regular meeting of the City Council of the City of Kent, Washington this day of , 1994. Concurred in by the Mayor of the City of Kent, this day of , 1994. ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY 3 JIM WHITE, MAYOR I hereby certify that this is a true and correct copy of Resolution No. , passed by the City Council of the City of Kent, Washington, the day of , 1994. drugact.res BRENDA JACOBER, CITY CLERK 4 (SEAL) CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESI B. OPERATIONS C. PUBLIC WORKS COMM D. PLANNING COMMITTEE E. PUBLIC SAFETY F. PARKS COMMITT G. ADMINISTRATIVE REPORTS MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING SEPTEMBER 20, 1994 PRESENT: Judy Woods Roger Lubovich Christi Houser Norm Angelo Leona Orr Ed Crawford Jon Johnson Meeting was called to order by Acting Chair Judy Woods at 5:05 P.M. NO PARKING ZONE ORDINANCE/SPEED LIMIT ORDINANCE/SPEED LIMIT RESOLUTION Lubovich indicated that since the No Parking Zone Ordinance, Speed Limit Ordinance, and Speed Limit Resolution are basically housekeeping items, he would like to address them at the same time. Lubovich indicated that there is very little codified that gives direction to the public, or even staff, as to specific no parking zones, time limits, and other parking restrictions. This information was removed some time ago in an effort to make the codification process simpler. However, it has created more difficulty in tracing what the limits and no parking zones are. The purpose of this amendment is to put specific no parking zones, limits, and other parking restrictions back into the ordinance so they are actually in the code book. The only other substantive change made is that disabled parking violations are being increased to $50, to match state law. Lubovich indicated that there is not a Speed Limit Ordinance in the code book right now. Again, it was taken out some time ago in an attempt to simplify codification because of the many pages. When this was done, however, a resolution was passed that actually re-established the speed limits. But again, its hard to trace. This ordinance puts a small provision back in the code book that says pursuant to state law, speed limits can be changed under certain findings or certain criteria by resolution. This identifies that there is a resolution to look up. Lubovich stated that with the number of pages involved, it would take quite a bit to codify and its a lot of expense when you want to make changes. Lubovich indicated that the Speed Limit Resolution has been updated because of annexations, changes in city streets, and parking zones in the last couple years. Leona Orr expressed concern that the speed limits contained in the resolution and the actual posted speeds north of 248th to 208th on 116th are inconsistent. After some discussion, Lubovich indicated that he would check to make sure that the posted speeds were consistent with what is on the books. No Parking Zone Ordinance: Leona Orr moved for adoption; Christi Houser seconded the motion. Motion passed 3-0. Speed Limit Ordinance: Christi Houser moved for adoption; Leona Orr seconded the motion. Motion passed 3-0. MINUTES FROM PUBLIC SAFETY COMMITTEE MEETING SEPTEMBER 20, 1994 Page 2 of 2 Speed Limit Resolution: Christi Houser moved for adoption with the provision that Lubovich insure that the listed speed limits are consistent with what is posted; Leona Orr seconded the motion. Motion passed 3-0. Added Items: HOSPITAL LEVY INFORMATION Judy Woods indicated that Tim Clark had asked for information regarding the Hospital Levy and potential impacts on the city. Woods further indicated that she had talked with Mayor Rants from Tukwila, and they have evidently sent a very strong letter regarding the issue. A copy of Tukwila's letter, along with a copy of a letter from Gary Locke, has been sent to Woods. Woods asked if Chief Angelo could provide any input on the issue. Chief Angelo explained that he has attended numerous meetings on this issue and stated that it has been very educational. He briefly explained the process, some of the negotiating going on, and what the potential impacts are to junior taxing districts such as flood districts and the fire districts. Angelo stressed that the decision on the hospital levy expedites the need for a decision of alternative means of financing for junior taxing districts. Angelo further stated that he believes in having informed voters, and if in political office, he would be very careful about the credibility attached to this issue. Woods asked if Angelo would work towards preparing some sort of resolution that expresses their concerns about the direction of this issue. Woods stated that people need to be aware of what is going .to happen if its approved. Leona Orr stated that she also feels people need to be aware of what is going on. If they are making some sort of deal to take care of the flood districts for the next five years, then why are they asking for such an increase at this point. Christi Houser asked what we get from the increase -- what kind of benefit is derived from belonging to a public hospital district. Consensus of the committee was to have Chief Angelo draft a resolution expressing the concern of the City of Kent on this issue, and to take it to Operations Committee the following week. Woods asked that Chief Angelo make sure that a copy of the draft resolution, along with a cover letter, was distributed to all council members prior to the meeting so that they are aware of the issues. Meeting adjourned at 5:45 p.m. 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 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 Ei 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 there within the fund without having to worry about 1995 funds. Bennett asked what the total cost of the improvements would be. Wickstrom stated $11164,000 (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 K 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 11 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. 4 Wickstrom stated that a 3 -day morning count on pedestrians was done between Central Avenue & Hazel Street. The lowest count was 23 and the highest was 33 between Hazel & James Street in the AM; the PM counts range from 50 to a low of 29. East of Hazel at 94th Avenue there were a total of 12 for those 3 -day periods that were actual crossings. Wickstrom said the bulk of the pedestrians crossings were from Woodford/Clark down to Central Avenue. Clark said he had observed that particularly at school time, either before or when school is letting out that you get that rush of kids and they will try to sneak through any available space. Clark said he felt this left an accident waiting to happen. Wickstrom said Woodford has the most pedestrian traffic crossing. Clark commented that the City probably would not be able to attract the pedestrians to the use of the bridge if it were higher up. Clark said he would struggle with a half -million dollar structure to accommodate the low numbers. Wickstrom stated at this point a total of 12 counts in 3 days would not be cost effective or wise to put a pedestrian bridge at Lenora Avenue. Mann suggested taking a periodic count and if traffic picks up, then the city should address it again. Wickstrom commented that there was no easy solution. Wickstrom also stated that if the commuter rail train station was put in between James and Smith Street there would be a definite impact on James. Mann suggested at that point in time the Committee would be given a complete review of possibilities and options. Meeting adjourned at 5:40 PM. 5