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Home My WebLink AboutCity Council Meeting - Council - Agenda - 09/06/1994City of Kent City Council Meeting Agenda CITY Of Z12A4T Mayor Jim White Council Members Judy Woods, President Jim Bennett Jon Johnson Tim Clark Paul Mann Christi Houser Leona Orr September 6, 1994 Office of the City Clerk CITY OF J 4�ZJZSV V ry'\R w Y'N MAYOR: Jim Jim Bennett Jon Johnson SUMMARY AGENDA KENT CITY COUNCIL MEETING September 6, 1994 Council Chambers 7:00 p.m. White COUNCILMEMBERS: Judy Woods, President Tim Clark Christi Houser Paul Mann Leona Orr CALL TO ORDER ROLL CALL 1.PUBLIC COMMUNICATIONS �/ A. Introduction of Mayor's Appointees V B. Employee of the Month V/ C. Proclamation - Constitution Week D. Proclamation - Literacy Month E. Regional Justice Center Update 2. PUBLIC HEARINGS V4.. Everson Annexation Zoning 3. 1CONSENT CALENDAR ✓A. Approval of Minutes ✓ B. Approval of Bills ,/C. Top of the Hill Preliminary Plat SU -94-2 - Set Meeting Date D. Rachael Place Preliminary Plat SU -94-4 - Set Meeting Date �E. 1995 CDBG Program - Set Hearing Date ,✓ F. Budget Hearing Date ✓G. Saturday Market Board - Appointment Claims Administration - Ordinance -- Recycling/Yard Waste Contract - Authorization to Sign and Establish Budget Zt� Recycling/Yard Waste - Ordinance Amendment ^� b --K. Kangley Downs - Bill of Sale ✓L. Harvey Plat - Bill of Sale vM. CPI 135 Green River Square - Bill of Sale �N. Snior Bnds G C.f rl c r l e' /- CE. 4. OTHER BUSINESS �A. LID 345 - S. 218th Street - Set Hearing Date Beck Annexation AN -94-4 f,,.C. Walnut Ridge Final Plat FSU -90-5 t,,,D. Morford Glen Preliminary Plat SU -94-1 VE. Harvey Final Plat FSU -90-13 5. BIDS \.A. 112th Avenue Water Tank Repainting 6. CONTINUED COMMUNICATIONS 7. REPORTS �. EXECUTIVE SESSION - 1) Property Acquisition; 2) Labor Negotiations; 3) Pending Litigation 8. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Library. An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City in advance for more information. For TDD relay service call 1-800-635-9993 or the City of Kent (206) 854-6587. PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) Introduction of Mayor's Appointees B) Employee of the Month C) Proclamation - Constitution Week D) Proclamation - Literacy Week E) Regional Justice Center Update Kent City Council Meeting Date September 6, 1994 Category Public Hearings 1. SUBJECT: EVERSON ANNEXATION INITIAL ZONING (AZ -94-1) 2. SUMMARY STATEMENT: This public hearing is the second of two hearings to be held by the City Council on the proposed initial zoning of the Everson annexation area. The first hearing was held on August 2, 1994. The Planning Commission recommended approval of Zoning Alternative #3 as presented in the Planning Department's staff report dated 6/27/94. 3. EXHIBITS: memo to the Mayor and Council dated 8/2/94; staff report dated 6/27/94; and Planning Commission minutes of 7/12/94 4. RECOMMENDED BY: Planning Commission (Committee, Staff, Examiner, Commission, etc.) W [IN UNBUDGETED FISCAL/PERSONNEL IMPACT: NO, EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: YES 7. CITY COUNCIL ACTION: Councilmember is moves, Councilmember ti y" seconds to approve/d!-s ppravelmedjrfTthe Planning Commission's recommendation of approval of the Everson Annexation Area initial zoning designation as outlined in Alternative #3. DISCUSSION: ACTION: Council Agenda Item No. 2A CITY OF 10F?a 1T CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM August 2, 1994 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: FRED SATTERSTROM, PLANNING MANAGER SUBJECT: EVERSON ANNEXATION ZONING - PLANNING COMMISSION RECOMMENDATION (AZ -94-1) I am pleased to forward the Planning Commission recommended zoning for the Everson annexation area. The Planning Commission held public hearings on proposed zoning on June 27 and July 12, 1994 , and made their recommendation at the meeting on July 12, 1994. The Planning Commission's recommended zoning is attached herewith and is labeled Alternative 3. (Alternative 3 was one of three alternatives evaluated in the staff report to the Commission). The entire annexation area is recommended for single family residential zoning. Approximately 22.33 acres is recommended for R1-12 zoning, and 17.67 acres is recommended for R1-7.2 zoning. The proposed zoning is consistent with the Comprehensive Plan Map designation of SF, Single Family Residential, in the vicinity of the annexation area. By City ordinance, the City Council must hold two public hearings on the recommended zoning. The first hearing is scheduled for August 2, 1994, and the second hearing is scheduled for September 6, 1994, Planning Department staff as well as a representative from the Planning Commission will be available at the August 2nd hearing to further explain the recommended zoning for the Everson annexation area. MJ/a: az941. mem Attachment cc: Kent Morrill, Planning Commissioner Matthews Jackson, Planner CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM June 27, 1994 MEMO TO: GWEN DAHLE, CHAIR, AND PLANNING COMMISSION MEMBERS FROM: MATTHEWS JACKSON, PLANNER SUBJECT: EVERSON ANNEXATION AREA INITIAL ZONING #AZ -94-1 Background: On January 18, 1994, the City Council passed Ordinance No. 3153 approving the annexation of 40 acres of land known as the Everson Annexation Area to the City of Kent. The site is located along 94th Avenue South at South 222nd Street on the East Hill of Kent. Everson became a part of the City of Kent on January, 4, 1994. Following the annexation of the area, the site was given an interim zoning of R1-20, Single Family Residential with a 20,000 square foot minimum lot size pursuant to Section 15.03.020(E)(2) of the Kent Zoning Code. The process for establishing initial zoning is outlined in Section 15.09.055 of the Kent Zoning Code. The matter of potential zoning of the Everson annexation area was reviewed and studied by the Planning Commission at their June 13, 1994, workshop. The Planning Commission will hold a public hearing on potential zoning at its regular meeting of June 27, 1994. The Commission will make a recommendation to the City Council following this public hearing. Existing Land Use: The proposed amendment site lies on a portion of East Hill (SEE, attached vicinity map). Land use in the area consists mainly of single family residences. There is a mixture of lot sizes in the area, ranging from approximately 13,000 square feet to several acres. Development in the vicinity of the annexation area consists primarily of single family residential on lots ranging from 7,200 square feet to those exceeding an acre. A large portion of the subject area consists of large vacant and underutilized parcels of land. The site plan map illustrates both lots and the location of existing buildings in the annexation area. Environmental Considerations: Portions of the site have significant development and access constraints due to topography. Garrison Creek is located on the eastern portion of the annexation area. A steep ravine is MEMO TO: Gwen Dahle, Chair, and Planning Commission Members SUBJECT: EVERSON ANNEXATION INITIAL ZONING #AZ -94-1 PAGE 2 associated with the Garrison Creek corridor. Slopes in the area range from 2 percent to 3 percent, to those exceeding 25 percent. Areas with slopes exceeding 15 percent can potentially be classified as class 3 seismic hazard areas. Class 3 seismic hazard areas means those areas subject to severe risk of earthquake damage. These areas can also have high landslide potential. The City of Kent has an inventory of low, moderate, and high hazard areas, as well as restrictions on hazard area development. The Hazard Area Map identifies Garrison Creek as a major creek. The City has development restrictions pertaining to development adjacent to major creeks and associated ravines. There are no inventoried wetlands on the site, but drainage in this area could be an issue for new development. There is a variety of vegetation including significant trees. New development in this area will also have to protect views through the view regulations of the City of Kent Zoning Code Section 15.08.060. Previous King County Zoning: Prior to annexation, the Everson Annexation Area was included in the King County Soos Creek Community Plan which was adopted by the King County Council in 1991. This plan updated the previous plan which was adopted in November 1979. The previous King County zoning for the subject property was GR -5, Growth Reserve, 1 urut per 5 acres, with a potential zoning of RS -7200, Single Family, 1 unit per 7,200 square feet. GR -5 is an interim zoning which would have expired on December 31, 1994. At that time, the potential zoning of RS -7200 would have become effective. GR -5 zoning is applied to undeveloped and underdeveloped King County land which is adjacent to incorporated cities. The existing interim zoning for the Everson Annexation Area is R1-20, Single Family Residential, 1 unit per 20,000 square feet. Kent Zoning and Comprehensive Plan Analysis: City of Kent zoning in the vicinity of the annexation area is varied. The area to the north is zoned R1-20, Single Family Residential, with a 20,000 square foot minimum lot size. Severe slopes characterize a substantial portion of this area. The properties abutting the annexation area to the west are zoned R1-7.2, Single Family Residential, with a 7,200 square foot minimum lot size. This area has fewer development restrictions based on topography than the area to the north. The Comprehensive Land Use Plan Map designates the annexation area as SF, Single Family Residential. The East Hill Subarea Plan designates the area as SF 6, Single Family Residential, 4 - 6 units per acre. These designations allow for a range of single family zoning densities. MEMO TO: Gwen Dahle, Chair, and Planning Commission Members SUBJECT: EVERSON ANNEXATION INITIAL ZONING #AZ -94-1 PAGE 3 Zoning Alternatives In evaluating zoning for the annexation area, staff has attempted to be consistent, where possible, with the existing Soos Creek Community Plan. The Soos Creek Community Plan was adopted in 1991, and conditions have not change significantly since its inception. Staff has also attempted to be consistent with City of Kent zoning in the vicinity. Planning staff has evaluated three alternatives for zoning in the annexation area. Zoning Alternative 1 designates the eastern four lots of the annexation area as R1-20, Single Family Residential, minimum of 20,000 square foot lots, and the remaining portion as R1-7.2, Single Family Residential, minimum of 7,200 square foot lots. The lots designated as R1-20 contain Garrison Creek and the steep slopes and ravines associated with it. This zoning designation is consistent with the zoning to the north of the annexation area which has similar topographical development limitations. The area zoned RI -7.2 has few development restrictions and therefore could maintain a higher density zoning. R1-7.2 is consistent with the City of Kent zoning abutting to the west of the area as well as the potential zoning of RS 7200 which would have become effective on December 31, 1994 if this area had remained in unincorporated King County. Zoning Alternative 2 designates the eastern four lots and the two southwesternmost as R1-20, Single Family Residential, minimum 20,000 square foot lot, and the remaining portion of the area as R1-7.2, Single Family Residential, minimum 7,200 square foot lot. Again this alternative recognizes the limitations to development caused by the Garrison Creek corridor, but it also recognizes an area of significant slope located on the southwestern corner of the site. This alternative is compatible with existing zoning in the vicinity and is consistent with previous zoning actions in other areas of the City. Zoning Alternative 3 designates the eastern four lots as well as the two southwesternmost lots as R1-12, Single Family Residential, with a 12,000 square foot minimum lot size. The remaining portion of the annexation area would be designated R1-7.2. The R1-12 zoning recognizes the development limitations located in these areas, but also allows some flexibility in lot configuration for potential new subdivision activity. Existing zoning regulations may significantly restrict the amount of buildable area in these locations, and the R1-12 zoning designations allows for more potential capacity than a lower density designation. The area zoned R1-7.2 is again consistent with City of Kent and Soos Creek Community Plan zoning designations and policies. MEMO TO: Gwen Dahle, Chair, and Planning Commission Members -. SUBJECT: EVERSON ANNEXATION INITIAL ZONING ##AZ -94-1 PAGE 4 Staff Recommendation: Based on the findings and conclusions as outlined above, the Planning Department staff recommends that the Planning Commission approve the proposed Zoning Alternative 1, and amend the Zoning Map to reflect the change from the interim zoning of the affected properties. MJ/ch: a: az941 Enclosures cc: James P. Harris, Planning Director z Z�* z� r`� ��/ Vt 411/ NZ � .i ✓--� ...i � ! \ /�� ALO �-\�J _� !� - � � `i� �F"�� /� ,. �;✓- . ' � ://( \j—/ J / \_��. jam` _ � -�\\'+� '�\\\\�. u .' T a % �--/ /�._. J/n \ Cif � �S_� .__J✓� J � � ��/ ?' __ �i�y �p�� , / n � EVERSON A ,LTERNATra ZONING ANNEX -ATI ON AREA ED ALTERNATrvT 2 EVERSON ZONING AN NEX Tzox ARF—A NN NM ff X\1 N, mv Olit, oo� V� 111-7 \Z \1 N' ALTERNATIVE 3 KENT PLANNING COMMISSION MINUTES July 12, 1994 The meeting of the Kent Planning Commission was called to order by Acting Chair Nuss at 7:00 PM on July 12, 1994 in the Kent City Hall, Chambers West. PLANNING COMMISSION MEMBERS PRESENT: Janette Nuss, Vice-Chair/Acting Chair Gwen Dahle Connie Epperly Edward Heineman, Jr. Kenneth Dozier Bob MacIsaac Kent Morrill Russ Stringham Raymond Ward PLANNING COMMISSION MEMBER ABSENT: None PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Matthews Jackson, Planner Roger Lubovich, City Attorney Chris Holden, Recording Secretary APPROVAL OF JUNE 27, 1994 MINUTES A MOTION was MADE, SECONDED, and CARRIED to move the approval of the June 27, 1994 minutes to the July 25, 1994 hearing. APPROVAL OF FEBRUARY 28, 1994 MINUTES A MOTION was MADE, SECONDED and CARRIED to approve the February 28, 1994 minutes. COMMUNICATIONS: Acting Chair Nuss commented a letter has been received from Gwen Dahle asking to be excused from the Planning Commission hearings on July 18, 1994 and July 25, 1994. A MOTION was MADE, SECONDED, and CARRIED to approve Gwen Dahle's absence. 1 Planning Minutes July 12, Commission 1994 Commissioner Ward asked that his absences be changed to excused for the last two hearings. MOTION MADE, SECONDED and CARRIED to change Commissioner Ward's absences be changed to excused. UPCOMING MEETINGS: Mr. Harris commented that on July 20, 1994, 6:00 PM, Chambers East, there will be a meeting with Lyle Sumek. Mr. Sumek will be meeting with the Chair, Fred, and himself at 5:00 PM to discuss the agenda. Roger Lubovich clarified that a workshop is a public meeting and must be noted as such. Mr. Harris explained that the Planning Department has been advised, in the past, that a workshop does not need to be advertised in the newspaper, and there are no minutes taken. A workshop is an informal meeting. Mr. Lubovich stated that any meeting of a public body is a public meeting whether it is a workshop or not. Thus, it should be advertised as a public meeting. No public input is taken at a workshop. Acting Chair Nuss commented that on August 8 there will be a legal workshop with the Planning Commission and City Attorney to discuss procedural matters. It will start at 6:00 PM with a hearing following that information. The public hearing was opened. EVERSON ANNEXATION #AZ -94-1 A public hearing continued from June 27, 1994, to consider the zoning alternatives for the Everson Annexation area located generally at 93rd Avenue S. at S. 222nd Street. The area is presently zoned R1-20, Single Family Residential, which is the interim zoning. Matthews Jackson presented the City staff report. On January 18, 1994, Ordinance #3153 approving the annexation of 40 acres into the City was approved. Mr. Jackson gave a synopsis of the background of the annexation. He mentioned the existing land uses in the area. Mr. Jackson briefly described the topography of the site as well as the previous King County zoning. Staff has three different zoning alternatives for the area for the Planning Commission to consider and they are: 2 Planning Commission Minutes July 12, 1994 Zoning Alternative 1 designates the eastern four lots of the annexation area as R1-20, Single Family Residential, minimum of 20,000 square foot lots, and the remaining portion as R1-7.2, Single Family Residential, minimum of 7,200 square foot lots. The lots designated as R1-20 contain Garrison Creek and the steep slopes and ravines associated with it. This zoning designation is consistent with the zoning to the north of the annexation area which has similar topographical development limitations. The area zoned R1-7.2 has few development restrictions and therefore could maintain a higher density zoning. R1-7.2 is consistent with the City of Kent zoning abutting to the west of the area as well as the potential zoning of RS 7200 which would have become effective on December 31, 1994 if this area had remained in unincorporated King County. Zoning Alternative 2 designates the eastern four lots and the two southwesternmost as R1-20, Single Family Residential, minimum 20,000 square foot lot, and the remaining portion of the area as R1-7.2, Single Family Residential, minimum 7,200 square foot lot. Again this alternative recognizes the limitations to development caused by the Garrison Creek corridor, but it also recognizes an area of significant slope located on the southwestern corner of the site. This alternative is compatible with existing zoning in the vicinity and is consistent with previous zoning actions in other areas of the City. Zoning Alternative 3 designates the eastern four lots as well as the two southwesternmost lots as R1-12, Single Family Residential, with a 12,000 square foot minimum lot size. The remaining portion of the annexation area would be designated R1-7.2. The R1-12 zoning recognizes the development limitations located in these areas, but also allows some flexibility in lot configuration for potential new subdivision activity. Existing zoning regulations may significantly restrict the amount of buildable area in these locations, and the R1-12 zoning designations allows for more potential capacity than a lower density designation. The area zoned R1-7.2 is again consistent with City of Kent and Soos Creek Community Plan zoning designations and policies. After a comprehensive analysis, staff is recommending that the Planning Commission approve Alternative 1. No comments have been received from property owners in the area. Furthermore, prior to this area being annexed into the City an approved long plat application is on file with King County. It is aproximately 9.3 acres in size. The plat has been vested to 3 Planning Commission Minutes July 12, 1994 develop and King County rules will apply for any development standards on this plat. It was MOVED, SECONDED and CARRIED to close the public portion of the hearing. Commissioner Stringham MOVED to adopt Alternative 3 as shown: Zoning Alternative 3 designates the eastern four lots as well as the two southwesternmost lots as R1-12, Single Family Residential, with a 12,000 square foot minimum lot size. The remaining portion of the annexation area would be designated R1-7.2. The motion was SECONDED. Discussion followed concerning the topography of the area as well as the potential development of the area. MOTION carried with Five Aye votes and 4 Nays. ELECTION OF CHAIRPERSON Acting Chair Nuss opened the floor for nomination for Chairperson. Kent Morrill was nominated by Ed Heineman and Russ Stringham was nominated by Robert MacIsaac. The nomainations were closed. With five ayes and four nays, Kent Morrill was elected as Chairperson. It was MOVED, SECONDED AND CARRIED to close the hearing at 7:35 PM. Respectfully submitted, J es P. Harris, ecording Secretary 4 3. CONSENT CALENDAR City Council Action: / Cou�L�n ber 1 �(7r moved, C _ sees that Consent Calendar Items A through _ approved 7 w l -k +kz 1,7( f; 0,1 cb I +� r 31 G2.ri w " CA w e� �-- s. -e Discussion a o w�fioti. c�� Action�f% 3A. Approval of Minutes. Approval of the minutes of the regular Council meeting of August 16, 1994. 3B. -Approval of Bills. Approval of payment of the bills received through August 15, 1994 and paid on August 15, 1994 after auditing by the Operations Committee on August 24, 1994. Approval of checks issued for vouchers: Date 8/1/94-8/15/94 Check Numbers 145806-146288 Amount $1,691,093.93 Approval of checks issued for payroll for August 1, 1994 through August 15, 1994 and paid on August 19, 1994: Date Check Numbers Amount 8/19/94 Checks 197105-197441 Advices 17339-17705 $ 297,487.73 459,316.67 $ 756,804.40 Council Agenda Item No. 3 A -B Kent, Washington August 16, 1994 Regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White. Present: Councilmembers Clark, Houser, Johnson, Mann, Orr and Woods, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Public Works Director Wickstrom, Planning Director Harris, Fire Chief Angelo, Finance Division Manager Miller, Parks Director Hodgson and Governmental Affairs Division Manager Martin. Approximately 20 people were at the meeting. PUBLIC Introduction of Mayor's Appointees. Mayor White COMMUNICATIONS introduced Mary Lou Becvar, who is his appointee to the Human Services Commission. Community Based Transit. Bob Whalen, Co -Chair of the Kent Transit Advisory Board, noted that they have met with Metro staff and anticipate some local service improvements starting in February, including service to Green River Community College. He outlined problems such as the lack of intra -city transit service, the lack of control over local transit service, the lack of the type of buses needed, and the lack of service for special events. Whalen suggested the following solutions: allocation by METRO of a portion of their funding for Center Based Service, allowing cities to contract for or operate Center Based Service and be eligible for funding from METRO, requiring that Center Based Service interface with the regional system by the use of timed transfers and integrated fares, and the purchase by METRO of 300 vans rather than 200 larger buses. He noted that the Senior Center has two vans which are not operated during commute time, and suggested that the City use those vans to pick up riders on Scenic Hill, since the Metro bus in that area picks up only six people per day. Whalen noted that Foothills Transit started their own service to twenty cities in San Gabriel Valley, and that the operators of the van service used by St. Christopher Academy in Kent have offered to operate a small, mid-day shuttle in Kent for under $35.00 per hour. Woods commended Whalen for the work this committee has done for the community, and assured him that he will receive support from the Council. She suggested speaking to the Senior Center as early as pos- sible in the process about use of their vans. Mike Skehan, Co -Chair of the Kent Transit 1 August 16, 1994 PUBLIC Advisory Board, noted that there is a Senior COMMUNICATIONS Center representative, Frank Williams, on the Board, and they will look into this. Orr distributed copies of a proposed resolution encouraging the goals of center based transit, ordering that support for the concept be trans- mitted to the King County Transit Committee and King County Council, and that the Kent Transit Advisory Board work with METRO, the Regional Transit Authority, other King County cities and the King County Transit Committee to further refine the concept and accomplish the goals of Center Based Transit. She read the resolution into the record and MOVED that Resolution No. 1401 be adopted. Woods seconded and the motion carried. Proclamation - Benefits of Parks and Recreation to the Community. Parks Director Hodgson pre- sented Mayor White with a proclamation prepared by the National Recreation and Parks Association Regional Council, which will go to every city in the state. He explained that the proclamation promotes the importance of parks and recreation to communities, and noted that there are social, personal, economic and environmental benefits. Mayor White read the proclamation aloud and said he is proud to be the first mayor in the state to sign it. Chamber of Commerce Report on International Trade Program and Economic Development Activities. Barbara Simpson of the Chamber of Commerce distributed packets of information and invited Councilmembers to be Good Will Ambassa- dors at the 1994 Asia Pacific International Trade Exchange to be held in October. She explained that public and private funds are gathered and used to match international com- panies with local companies, that the Kent Valley is promoted as a location to warehouse and distribute goods, and that some investment opportunities have surfaced. She noted that in 1993 the City provided $50,000 of a total budget of approximately $165,000 which resulted in an immediate pay-off at the Trade Show of over $2,500,000 in new sales and new distributor relationships. She noted that in 1994 the City FA August 16, 1994 PUBLIC contributed $25,000 of a total budget of COMMUNICATIONS $170,000. Simpson noted that they have worked with the Port of Seattle who is willing to grant an extension of the foreign trade zone. She added that they have also worked with the Sister Cities relationship and that delegates from Yangzhou, China are especially interested in a continuing relationship. In closing, she stated that the City's return on their invest- ment has been excellent and thanked them for their support. Scott Jackson of Tradec noted that through the trade exchange, Kent has identified itself with the distribution and shipping industry, and has identified what it has to offer in the way of air routes and so forth. He noted that other cities are now becoming involved, as well as King County. He added that the State has looked at the trade exchange as a model program, and thanked the Mayor and Council for their support. CONSENT WOODS MOVED that Consent Calendar Items A CALENDAR through J 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 August 2, 1994, with the following correction to Item 3B, Approval of Bills: Check Numbers 144755-145263 rather than 144755-144859 PUBLIC WORKS (BIDS - ITEM 5B) Meeker Street Green River Bridge Painting. Bid opening for this project was held on August 11th with 5 bids received. The low bid was submitted by Coatings Unlimited, Inc. in the amount of $138,950.00. The engineer's estimate was $139,360.00. The project consists of cleaning, preparing and painting the entire Meeker Street Green River Bridge. MANN MOVED that the Meeker Street Green River Bridge Painting contract be awarded to Coatings Unlimited, Inc. for the bid amount of $138,950.00. Houser seconded and the motion carried. 3 August 16, 1994 SEWERS (CONSENT CALENDAR - ITEM 3H) S E 256th Sewer Project. AUTHORIZATION to accept as complete the contract with King Construction Co. for the S.E. 256th Sewer project, and release of retainage after receipt of State releases, as recommended by the Public Works Director. (OTHER BUSINESS - ITEM 4B) (ADDED ITEM) East Hill Sewage. Bill Dinsdale, 11126 SE 256, asked the Council for assurance that the type of sewer problem that happened recently will not reoccur, and asked the City to resolve the financial burden that was placed on his company. Upon the Mayor's question, he noted that a claim was submitted on the first sewer spill and that they have received partial payment on it. He added that they were told to make a final claim and release the city from responsibility beyond that point, but that there is no assurance the problem will not happen again. He clarified that when they receive that assurance from the City, it will end that claim. He added that if the problem reoccurred, a separate claim would be filed. Upon Woods, question, Wickstrom explained that the major issue is the re-route of the entire Soos Creek sewer and water main, and that nego- tiations are now under way for easements, after which construction will begin. He noted that the goal is to have this operational by the end of September. He stated that the City has - resolved the issue to the best of their ability at the Stratford Arms complex, and that an alternative route has been designed for the Colonial Square complex. He estimated the chance of this being completed by the end of September as 70-80%. He agreed that the poten- tial for a problem remains until the by-pass is in, and said that if there is a problem, the City would proceed with some kind of temporary lift station. Dinsdale asked who to contact within the City to resolve the claim, and Operations Director McFall offered to facilitate that effort with Dinsdale, Wickstrom, the City Attorney and the claims adjustor. 4 August 16, 1994 STREET (CONSENT CALENDAR - ITEM 3D) IMPROVEMENTS LID 346 - S. 212th Sidewalks & Street Lighting. ADOPTION of Resolution No. 1402 which repeals Resolution No. 1395, and calls for the formation of LID 346 for the installation of sidewalks, sewers to service specific parcels, and street lights along S. 212th Street from the Green River to SR 167, and sets the public hearing date for September 20, 1994. (OTHER BUSINESS - ITEM 4A) LID 345 - S. 218th Street Improvements. A resolution has been prepared calling for the formation of LID 345 - S. 218th Street Improve- ments (East Valley Highway to SR 167) and setting the public hearing for September 20th. Public Works Director Wickstrom noted that Councilmember Bennett, who is not in attendance, did not support this resolution, and that some property owners had not been contacted as promised. He asked that this item be deferred to the next council meeting, noting that only the public hearing date would be changed. There was no objection and it was so ordered. (BIDS - ITEM 5A) James Street Overlav/S. 212th Street Overlay. Bid opening for this project was held on August lith with 2 bids received. The low bid was submitted by M.A. Segale, Inc. in the amount of $554,102.27. The engineer's estimate was $599,394.00. The project consists of the rehabilitation of portions of James Street and S. 212th Street along with asphalt overlay. MANN MOVED that the James Street overlay/S. 212th Street Overlay contract be awarded to M.A. Segale, Inc. for the bid amount of $554,102.27. Woods seconded and the motion carried. (BIDS - ITEM 5C) S. 212th Street Rebuild. Bid opening for this project was held on August 11th with 6 bids received. The low bid was submitted by Lloyd Enterprises in the amount of $103,423.00. The engineer's estimate was $134,738.50. G August 16, 1994 STREET The project consists of rebuilding the failed IMPROVEMENTS portion of S. 212th Street starting at 42nd Avenue South and extending easterly approxi- mately 700 feet. WOODS MOVED that the S. 212th Street Rebuild contract be awarded to Lloyd Enterprises for the bid amount of $103,423.00. Houser seconded and the motion carried. TRAFFIC CONSENT CALENDAR - ITEM 3G) CONTROL Reiten Road & Jason Avenue Signal. AUTHORIZATION to accept as complete the contract with The V Company for the Reiten Road & Jason Avenue Signal project, and release of retainage after receipt of State releases, as recommended by the Public Works Director. PLATS (CONSENT CALENDAR - ITEM 3C) Walnut Ridge Final Plat (FSU -90-5). AUTHORIZATION to set September 6, 1994 as the date for a public meeting to consider a final plat application made by Douglas W. Graef and William Curran Sr. (FSU -90-5). The Council approved a recommendation from the Hearing Examiner for the Preliminary Plat (SU -90-5) on March 5, 1991. The plat is 3.19 acres, consists of 12 lots and is located south and west of 9631 S. 242nd Street, Kent, Washington. (CONSENT CALENDAR - ITEM 3F) Morford Glen Preliminary Plat (SU -94-1). AUTHORIZATION to set September 6, 1994 as the date for a public meeting to consider the Hearing Examiner's recommendation of approval with conditions for a preliminary plat appli- cation (SU -94-1) by Ron Morford. The property is located west of 94th Place S., at approxi- mately S. 216th Place (extended). (CONSENT CALENDAR - ITEM 3I) Harvey Final Plat (FSU -90-3). AUTHORIZATION to set September 6, 1994 as the date for a public meeting to consider a final plat application made by HCE/Richard Carothers Associates, Ltd. (FSU -90-3). The Council approved a recom- mendation from the Hearing Examiner for the Preliminary Plat (SU -90-3) on September 18, 1990. The plat is 2.47 acres, consists of ten lots and is located north of S. 252nd Street, between 22nd Avenue S. and 25th Avenue S. N. August 16, 1994 COUNCIL (CONSENT CALENDAR - ITEM 3J) (ADDED BY COUNCILMEMBER ORR) Council Absence. APPROVAL of a request from Councilmember Bennett for an excused absence from tonight's meeting. APPOINTMENTS (CONSENT CALENDAR - ITEM 3E) Human Services Commission. CONFIRMATION of the Mayor's appointment of Mary Lou Becvar to serve as a member of the Kent Human Services Commis- sion. Ms. Becvar is Director of the Kent Community Service Center (Food Bank), is a member of Kent Soroptimist and is involved with the Greater Kent Historical Society. She will replace Constance Stockton, who resigned, and will serve as a non-voting agency representa- tive. Her appointment will continue to 1/1/96. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through July 31, 1994 and paid on July 31, 1994 after auditing by the Operations Committee on August 10, 1994. Approval of checks issued for vouchers: Date Check Numbers Amount 7/16/94-7/31/94 145264-145805 $1,705,060.95 REPORTS Approval of checks issued for payroll for July 16, 1994 through July 31, 1994 and paid on August 5, 1994: Date Check Numbers Amount 8/5/94 Checks 196721-197104 $ 280,776.91 Advices 16971-17338 420,071.11 $ 700,848.02 Planning Committee. Orr noted that a special meeting will be held on September 6th. She expressed support of having a mural painted on a water tower as long as funds are available and residents concur. 7 August 16, 1994 EXECUTIVE At 8:15 p.m., McFall announced an executive SESSION session of approximately 30 minutes to discuss pending litigation and potential litigation. ADJOURNMENT The meeting reconvened and adjourned at 8:50 p.m. .4Brenda Jac er, CMC City Cler d Kent City Council Meeting Date September 6. 1994 Category Consent Calendar 1. SUBJECT: TOP OF THE HILL PRELIMINARY PLAT SU -94-2 — 2. SUMMARY STATEMENT: Authorization to set September 20, 1994 as the date for a public meeting to consider the Hearing Examiner's recommendation of approval with conditions for a preliminary plat application tSU-9A1 by Baima & Holmberg, Inc. The property is located on the north side of SE 244th Street, approximately 600 feet west of 104th Avenue SE. 3. EXHIBITS: None 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commiss 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: etc.) NO YES Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3C Kent City Council Meeting Date_ September 6, 1994 Category Consent Calendar 1. SUBJECT: RACHAEL PLACE PRELIMINARY PLAT SU-94-4---SE= 2. SUMMARY STATEMENT: Authorization to set September 20, 1994 as the date for a public meeting to consider the Hearing Examiner's recommendation of approval with conditions for a preliminary plat application -fStf-94-4} by Brad Plemmons/Teresa Hutchens. The property is located west of Fifth Avenue S., approximately 100 feet south of West Crow Street. 3. 4 A EXHIBITS: None RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT• 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: NO YES Councilmember moves, Councilmember DISCUSSION: ACTION: econds Council Agenda Item No. 3D Kent City Council Meeting Date September 6 1994 Category Consent Calendar 1. SUBJECT: 1995 CDBG PROGRAM - SET HEARING DATE 2. SUMMARY STATEMENT: Authorization to set September 20, 1994 as the date for a public hearing to consider the 1995 Community Development Block Grant (CDBG) Program. 3. EXHIBITS: None 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3E 1. SUBJECT• 1995 BUDGET HEARING DATE Kent City Council Meeting Date September 6, 1994 Category Consent Calendar 2. SUMMARY STATEMENT: Authorization to change the date for the public hearing on the 1995 Budget to November 1, 1994. The date was inadvertently set for November 8 at the Council meeting of August 20gQ4- 3. EXHIBITS: None 4. 6P RECOMMENDED BY• (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT: NO 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: YES Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3F Kent City Council Meeting Date September 6, 1994 Category Consent Calendar 1. SUBJECT: SATURDAY MARKET BOARD 2. SUMMARY STATEMENT: Confirmation of the Mayor's appointment of Dorothy Mitchell to serve as a member of the Kent Saturday Market Advisory Board. Ms. Mitchell is a Kent resident and a watercolor artist who participates in arts and crafts shows throughout the year. She will replace Helen Kubera, who resigned, and will serve as the Senior Citizen Representative. Her appointment will continue to 10/97. 3. EXHIBITS: Memo 4. RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: YES Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3G MEMORANDUM TO: JUDY WOODS, CITY COUNCIL PRESIDENT CITY COUNCIL MEMBERS FROM: JIM WHITE, MAYOR DATE: SEPTEMBER 1, 1994 SUBJECT: APPOINTMENT TO KENT SATURDAY MARKET ADVISORY BOARD I have recently appointed Dorothy Mitchell to serve as a member of the Kent Saturday Market Advisory Board. Ms. Mitchell is a Kent resident who is a watercolor artist and participates in arts and crafts shows throughout the year. She participated in the Kent Saturday Market many years ago e when it was located on First Avenue. She will serve as the Senior Citizen Representative and will replace Helen Kubera, who resigned. Her appointment will continue to 10/97. I submit this for your confirmation. JW:jb Kent City Council Meeting Date September 6 1994 Category Consent Calendar 1. SUBJECT: CLAIMS ADMINISTRATION - ORDINANCE 2. IUMMARY STATEMENT: .At approved by the Operations Committ ee. option of Ordinance No. L amending Chapter 2.97 of the Kent City Code relating to administration of claims filed against the City to conform with state law and to provide Administration with settlement authority for small claims 3. EXHIBITS: Ordinance 4. RECOMMENDED BY: Operations Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: econds Council Agenda Item No. 3H ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 2.97 relating to the filing and administration of claims against the City. WHEREAS, RCW 35A.31.010 provides that claims against a code city shall be presented and filed pursuant to RCW 4.96.020, which provision previously referred to RCW 35.31.040 relating to claims filed against non -code cities; and WHEREAS, RCW 4.96.020 has been amended by the State Legislature to set forth how claims against cities shall be presented and filed and no longer refers to RCW 35.31.040; and WHEREAS, the City Council desires to amend Chapter 2.97 of the Kent City Code to be in conformance with the provisions of RCW 4.96.020; and WHEREAS, it is also the desire of the City Council to provide for the prompt and efficient administration, defense and settlement of small claims made against the City; and dainw WHEREAS, in order to obtain this efficiency, the Mayor should be given the authority to administer and settle small claims; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Kent City Code Chapter 2.97 entitled "City Claims" is hereby amended to read as follows: CHAPTER 2.97. FILING AND ADMINISTRATION OF GITY CLAIMS Sec. 2.97.010. Claims - presentment and filing Process. A. All claims for damages against the city shall be presented to and filed with the city council thereof, through the city clerk's office within the applicable period of limitations within which an action must be commenced. B. All claims for damages arising out of tortious conduct must specify: occurred; 1. the date time andplace the injury or damage 2. the conduct and circumstances which brought about the injury or damage: the injury or damage incurred; 4. the amount of damages claimed; 2 5. any allaged act or omission on the part of the city and the basis upon which liability is b incr asserted against the city; witnesses; 6. the names of all persons involved and anv known 7, the name and actual residence of the claimant at the time of presenting and filing the claim and for a period of six months immediately prior to the time the claim arose. C. All claims must be signed by the claimant and notarized prior to filing If the claimant is incapacitated from verifying presenting, and filing the claim in the time prescribed or if the claimant is a minor, or is a nonresident of the state absent therefrom during the time within which the claim is required to be filed the claim may be verified presented, and filed on behalf of the claimant by any relative attorney, or agent representing the claimant. D. No action shall be commenced against the Citv for damages arising out of tortious conduct until sixty days have elapsed after 'the claim has first been presented to and filed with the cid council thereof. The applicable period of limitations within which an action must be commenced shall be tolled during the sixty-day period. eetineil. Tne—elaim fflust speeify ehnaffie _ef the , h E. 9F l empire a F TL. lwithin that -N ef this seetien sitall net affeet in any manner the u' Sec. 2.97.020. Administration of claims. The city attorney shall be responsible for representing the City on all claims made against the city except to the e xtenj claims are administered and/or defended by the city's insurance companies Washington Cities Insurance Authority and other contracted claims administration service r viders which claims a- F Ichesestaineel,anel irznewn witnesses, L, the nattire and l l l st Ige a a y B. enee the the uman i t shall tbedj- s"tr=Dtt Crel te r ti,.. a a, aces F T ferther r and revj:ew by the r cit is r4:sie manager and,/er E. 9F l empire a F TL. lwithin that -N ef this seetien sitall net affeet in any manner the u' Sec. 2.97.020. Administration of claims. The city attorney shall be responsible for representing the City on all claims made against the city except to the e xtenj claims are administered and/or defended by the city's insurance companies Washington Cities Insurance Authority and other contracted claims administration service r viders which claims shall be administered and defended iursuant to the terms of those contracts The mayor shall have the authority to settle any claim against the city for an amount not to exceed $1S,000 per occurrence subject to the availability of funds budgeted for settlement purposes All settlements shall be reported to the City Council as directed by the Council All settlements over $15,000 per occurrence shall be subject to council approval. SECTION 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 3. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. JIM WHITE, MAYOR 5 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED day of APPROVED day of PUBLISHED 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. (SEAL) BRENDA JACOBER, CITY CLERK 9 ' r ��}'�/ Kent City Council Meeting v Date September 6 1994 'r✓1 yY Category Consent Calendar V 1. SUBJECT: RECYCLING/YARD WASTE CONTRACT - AUTHORIZATION TO SIGN AND ESTABLISH BUDGET 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization for the Mayor to sign the Recycling/Yard Waste Agreement with Kent Disposal, subject to the City Attorney and Public Works Director concurring on the final language therein and authorize the establishment of a budget as outlined in the Public Works Director Memorandum for same. 3. EXHIBITS: Public Works Director Memorandum, Recycling/ Yardwaste Agreement and Public Works Committee Minutes 4. RECOMMENDED BY: Public Works Committee (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES go EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3I DEPARTMENT OF PUBLIC WORKS September 2, 1994 TO: Mayor & City Council FROM: Don Wickstrom RE: RecyclingNardwaste Program Since the Public Works Committee meeting, we contacted the County to get an update on their proposal to ban yardwaste from the landfill. King County is now anticipating the yardwaste disposal ban to be effective January 1996. Before they implement it they want to have an alternative yardwaste drop box program in place. When they went out for RFP's they didn't receive any responses. They now plan to go out again for RFP's in June of 1995. The County does, by ordinance, presently prohibit yardwaste from being disposed of in the solid waste stream by residential customer. DEPARTMENT OF PUBLIC WORKS AUGUST 22, 1994 TO: Public Works committee FROM: Don Wickstrom Z0 RE: Recycling/Yard Waste Program On April 51 1994 Council selected Kent Disposal's Request for Proposal for the above referenced program. As a result, an agreement was drafted (copy attached) and sent to Kent Disposal for their input. On August 10th, we met with them and are incorporating changes to the agreement. Because the meeting went very well, we believe that once the changes are made it will be ready for execution. As such, we are seeking Council authorization to sign the agreement. Tom Brubaker will be in attendance to go over the contract and discuss the changes made. To refresh your memory, the program offered is as denoted in the following Table. The City is to fund the recycling portion with the customer paying a service charge for the yard waste program. The yard waste program would be a voluntary service with the City banning the disposal of yard waste into the garbage. If you will recall, the funding of the recycling program is from the environmental fund. To fund this program requires approximately $52,000 of additional revenue. To make up this difference we estimate the fund will realize about $15,000 from a combination of the recently approved residential garbage rate increase and a proposed 16.4% dump fee increase anticipated to be implemented on January 1st by the County. In addition, there is $31,000 in the budget for seasonal cleanup which can be reallocated as this service is provided by our garbage hauler at no cost to the City. However, instead of reallocating the full $31,000, we're proposing that $21,000 thereof go towards recycling and $10,000 would remain for pursuing derelict properties should that become necessary. Finally, the balance ($16,000) we're proposing would come from the unencumbered fund balance (presently $283,432) of the Environmental Fund. The banning of yard waste from the garbage waste stream requires amending our garbage ordinance. Tom Brubaker will present and discuss with you, the ordinance changes at the meeting. We ate proposing implementing the yard waste program over approximately a two month period. Starting immediately after passage of the ordinance (September 6th) and ending on October 31, 1994, Kent Disposal shall attach a tag on any refuse container if yard waste is visible within the container. The tag shall cite the requirements for separating yard waste from refuse and provide information on how to obtain yard waste collection service or alternative options, i.e., home composting, "don't bag it", chipping. Beginning November 1, 1994, the collection company shall not collect any refuse container set out if yard waste is visible within the container and shall attach a tag to the container citing the yard waste source separation requirements contained in the City Ordinance and provide information on how to obtain yard waste collection service. The hauler shall also attach a tag to any refuse container from which yard waste becomes visible while the container is being emptied into a collection vehicle. Kent Disposal will mail information containing the recycling and yard waste collection programs, sign-up information, costs of the program, and educational materials to each resident beginning in September. Kent Disposal will send a mailing explaining the program changes and a service calendar to all existing recyclers within 30 days of signing the contract. The City will continue to provide educational materials, program information and community outreach to City residents on an ongoing basis. ACTION: A) Authorize the Mayor to sign the agreement subject to the City Attorney and the Public Works Director concurring on the final language therein. B) Approve the funding proposal as presented herein. C) Adopt the ordinance amending the City solid waste ordinance banning yard waste from being deposited into the garbage. RESIDENTIAL CURBSIDE RECYCLING & YARD WASTE COLLECTION PROGRAM - PROPOSALS Type of Container Level of Service Type of Service Cost of Service Type of Container Level of Service Cost of Service 90 gal toter/20 gal glass (or) 32 gal toter/18 gal glass Every other week Co -mingled 90 gal - $3.95/month 32 gal - $2.95/month per participating customer. 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N cli r C) N N rt E O O 01 C C1 N o r U Nco LD tD ON V) O Lb CO O O LD � O M � O O M %.0 N O O M f) Ln N ttD N O to OO 00 co N 00 m 00 O --� C) CP M 'ct LD �--� O Ln ^ ✓ N N C) r tC ]C U m O r+ M .--i .--' N CO M `7 �'.� '-+ N M M T N U N O M m- ✓ ct' CD 00 00 O LX] d N co to tD O N L.C) LO LO O O M t.0D N O O M O O lD N •-� Ol co O •--� O O) ✓ co y MELD. -.O r+ O1 lO n Ln N N O •--� M .-..-y t� r, 00M�r+ Cl) N M M m N C N N --d- n 01-C O1 Q .-r C C1 U C C O C1 i ro C r N C) I'd L ro 3 C N N CO co co U C r r0 Lo ro X C b rC Q) ro r •r h w rd C) C C1 O C) U d) C1 y L -0r U O L U C7 C L r i C C 4> C > M CDcu C O (9 O C) T -O •r C) b r r •r U O ro� r M O C C C CD N r r a--+ N..: C Ln U C) U Q) <21 y U C) N Cl) r LT r Cl C 0 0 = N L LTJ N o r 4� r X C) 7 Cl T y h (0 •r •r Wm O7) O y S T S r C F-• O to C) U O U 41 rC U U b U O y 3 U T r b-0 r rV N C C CT O o) cu M v O > x ni m rli RESIDENTIAL RECYCLING AND YARD WASTE COLLECTION AGREEMENT THIS AGREEMENT is entered into between the City of Kent,.a Washington municipal corporation (the "City"), and Rabanco dba Kent Disposal, a Washington corporation (the "Contractor"). RECITALS WHEREAS, it is essential that residential solid waste and yard waste be reduced and properly recycled in order to avoid adverse environmental and social effects; and WHEREAS, the Contractor is qualified to provide collection and processing services for the collection of source separated residential recyclable and yard waste materials, including distribution of the materials to end markets, in accordance with the terms of this agreement; and WHEREAS, the Contractor agrees, for the consideration stated, to collect and distribute recyclable and yard waste materials to end markets for all residential recycled and yard waste materials within the City of Kent in accordance with this agreement. NOW, THEREFORE, In consideration of mutual covenants herein contained, the City and the Contractor agree to these terms and conditions: .,.. RABANCO RECYCLING AGREEMT--Page 1 of 35 8/31/94 AGREEMENT SECTION 1. SCOPE 1.1 The work to be performed consists of the exclusive right to collect, transport, process, store and dispose of residential recyclable materials and residential yard waste, together with incidental marketing services, in Iccordance with this agreement and with the Contractor's response to the City's Requests for Proposal, which is attached hereto and incorporated herein as Exhibit A by this reference; provided, however, Contractor's exclusive right granted herein shall not limit the right of individual residents to collect, transport, process, store and dispose of any recyclable materials or residential yard waste generated solely from their specific residential property, nor shall it limit an individual resident's right to contract with third parties (e.g., landscape or yard maintenance companies) to transport, process, store and dispose of residential yard waste so long as the third party's treatment of yard waste is incidental to the service the third party is providing the resident. The work excludes all dangerous wastes or hazardous wastes as defined in RCW 70.105 and RCW 70.105A and solid waste intended for disposal in a landfill or solid waste disposal facility defined under Washington Administrative Code Chapter 173-304. 1.2 The Contractor shall supply all skill, labor, material, equipment, facilities, financial guarantees, liability insurance and lands as may be necessary to provide the service and fully perform the work as described in this contract, subject to all covenants, terms and conditions established herein. 1.3 Procurement of all equipment and assumption of all start-up, operation and maintenance costs for the work and services described in this agreement, including storage, if necessary, shall be the Contractor's sole responsibility. RABANCO RECYCLING AGREEMT--Page 2 of 35 8/31/94 1.4 The term of this agreement shall be for the period beginning on the date all parties have executed this agreement (the "effective date" of this agreement) and expiring March 31, 2001. 1.5 The Contractor shall provide the services and work contemplated in this agreement throughout all areas within the current boundaries of the City of Kent. A map generally indicating those boundaries as of July 1, 1994 is attached as Exhibit B and incorporated herein by this reference. If during the life of this agreement the City acquires any additional territory through annexation or any other procedure, the City reserves the right, subject to the five-year minimum term franchise provisions for annexations under RCW 35A.14.900, to order the Contractor to make collections in such additional territory in accordance with all provisions of this agreement. The Contractor shall have thirty (30) calendar days from the date of receipt of the City's order to fully implement the program within the new area(s). 1.6 Nothing in this agreement shall be construed to prohibit the City, its employees, agents, contractors or assigns from holding "special recycling events" for resource recovery salvage or recycling of recyclable materials not designated for collection by Contractor under this agreement. 1.7 Because residential recyclables and yard waste generators within the City retain their right, pursuant to Section 1. 1, to continue to accumulate, buy, sell, transport, dispose or give to companies other than Contractor their own recyclable and reusable materials, including yard waste, a portion of the current recyclable materials waste stream may be diverted from the Contractor. 1.8 Recyclable material, including yard waste, set out for collection shall belong to the Contractor, subject to any rights a customer might claim to the materials or other property. The Contractor shall, at its sole cost, actively market all collected materials RABANCO RECYCLING AGREEMT--Page 3 of 35 8/31/94 and shall be responsible for the ultimate disposition of all collected materials. Additionally, the Contractor shall properly and legally dispose any nonrecyclable materials that may be collected. 1.9 The Contractor shall, at its sole cost, supervise and provide labor and materials to perform all Contractor publicity and education tasks described in this agreement, specifically including, without limitation, distribution and/or mailing. The Contractor shall submit all documents and plans for publicity, education and public information to the City for approval prior to distribution. 1.10 The Contractor shall furnish written evidence that it has approval and necessary permits and/or licenses to utilize any site chosen for processing, storage or other disposition of the materials. Contractor further agrees that it shall operate under all applicable federal, state and local laws, rules and regulations that in any manner affect the services and work described in this agreement, specifically including, without limitation, the transportation, processing, storage and disposal of the materials to be collected under this agreement. 1.11 Failure to comply with any of the covenants, terms or conditions of this agreement shall be considered a breach of this agreement and the breaching party shall accordingly be deemed in default. SECTION 2. PAYMENT 2.1 The Contractor assumes the risk of all conditions foreseen or unforeseen, and agrees to continue the work without additional compensation under whatever circumstances that may develop other than as herein provided. RABANCO RECYCLING AGREEMT--Page 4 of 35 8/31/94 2.2 The Contractor shall obtain payment for its work and services according to the terms and schedules listed below. 2.2.1 Curbside Recycling. The City shall pay the Contractor for curbside recycling based upon the following monthly customer rate basis: 90 gal. toter /20 gal. glass recycle toter $3.95 per month per Customer 32 gal., co -mingle toter/18 gal. glass recycle toter $2.95 per month per Customer 2.2.2 Curbside Yard Waste Collection. The Contractor shall bill Customer directly for the voluntary yard waste collection program, which is strictly optional to the Customer, based upon the following monthly customer rate basis: 90 gal. toter OR Customer provided container $7.75 per month per Customer, March through November $3.75 per month per Customer, December through February PLUS $1.00 for 90 gallon optional toter rental, if Contractor provided. If a Customer discontinues and restarts yard waste service on a seasonal basis, the Customer shall pay a twelve dollar ($12.00) re -delivery charge if the Customer rents his/her yard waste toter from the Contractor. 2.2.3 Each customer within the City utilizing the Contractor's residential recycling services shall have the option to select the size toter of her/his choice. Each Customer within the City choosing to utilize the Contractor's yard waste collection services shall have the option to use his/her own container or to rent the 90 gallon toter from the Contractor. The Contractor shall submit monthly invoices based on these rates to the Public Works Director within ten calendar RABANCO RECYCLING AGREEMT--Pase 5 of 35 8/31/94 days from the end of each month service is provided. These invoices shall be in a form approved by the Public Works Director, but, at a minimum, shall itemize (1) the total recyclable material tonnage collected for that month, (2) the total recyclable material tonnage marketed for recycling for that month, (3) the total recyclable material actually sold in that month, together with the sale price obtained, (4) the number of Customers serviced for residential recycling in that month, further segregated by customer container size, (5) the number of customers serviced for yard waste collection in that month, further segregated by those customers who did and did not rent a yard waste toter. 2.3 The City shall, within thirty (30) calendar days of receipt and approval of the invoice, pay the Contractor an amount equal to the invoice amount due, less any sums retained to cover any verified claims filed with the City, arising from or connected with this agreement, together with any other sums that have been deducted as provided in this agreement. 2.4 The City shall not pay the Contractor for any work not performed. Whenever Contractor fails to perform all or part of the contract work, the City shall deduct a reasonable amount from the Contractor's subsequent monthly payment(s), which amount shall be based on, among other factors, the number of Customers from which collections have not been made, the duration of such failure of collection, the additive and deductive adjustments that would have been applied to such prices had the collections been made, and special costs, including liquidated damages and administrative expenses, incurred by the City as a consequence of such failure. 2.5 Any increase in Contractor's operating costs arising from wage increases for collectors or any other employees or agents of the Contractor that are granted during the term of this contract shall be the sole responsibility of the Contractor. Any benefits or added costs resulting from changes in technology, labor practices, availability of equipment, and RABANCO RECYCLING AGREEMT--Page 6 of 35 8/31/94 other foreseeable business risks that may affect the performance of this agreement shall be to the Contractor's advantage or expense respectively (without benefit or cost to the City), except as noted herein. 2.6 Contractor's rates for recycling and yard waste materials collection services may be adjusted as follows: 2.6.1 Commencing January 1, 1995, and on each January 1 thereafter during the remaining term of this agreement, Contractor or the City may, by written notice, request an adjustment to the Customer rate based on any increase or decrease in the Consumer Price Index ("CPI" --all urban consumers) for the Seattle area as published by the Department of Labor Statistics based upon the total price index change for all items as compared to the preceding twelve (12) months (July to July). This CPI adjustment shall be deemed approved if sixty (60) days following receipt of written notice from the party seeking the adjustment, the other party does not elect by written notice, to review the proposed adjustment. 2.6.2 If the City decides, in accordance with Section 3. 1, to expand the types of materials to be collected as residential recyclables and if that expansion results in a substantial increase in Contractor's operating costs, then Contractor shall have the right to require the City to enter into negotiations to adjust Contractor's residential recyclables collection rate in order to compensate for these increased costs. 2.6.3 Contractor may, by written notice, request an adjustment to the Customer rate because of unusual cost increases not associated with a change in the CPI and (1) not reasonably foreseeable by the parties on the effective date of this agreement, (2)beyond the control of and without the fault or negligence of the Contractor, and (3) that result in regional or societal impacts rather than only impacting the „. RABANCO RECYCLING AGREEI`IT--Page 7 of 35 8/31/94 Contractor. By way of example, these unusual costs may include costs associated with changes in law, increases in fuel costs due to oil embargoes, natural disasters, and acts of the federal government in controlling or requisitioning materials, equipment, tools or labor by reason of war, national defense or other national emergency; however, these unusual costs would not include cost increases due to labor agreements, property losses affecting only the Contractor, and fuel price increases due to increased or additional fuel taxes. 2.6.3.1 This unusual cost increase rate adjustment shall be deemed approved by the City if sixty (60) days following written notice by Contractor of the rate adjustment, the City does not elect, by written notice to Contractor, to review the proposed adjustment. Contractor's notice to City shall include detailed bases for the proposed adjustment, including information concerning the Contractor's allocation of costs of service (e.g., transportation, disposal, etc.) within present and proposed rates. The City shall issue its final decision on Contractor's requested increase within ninety (90) calendar days from the date Contractor properly delivers notice of the requested rate increase in accordance with this subsection 2.6.3.1. The City's approval shall not be unreasonably withheld. 2.6.3.2 Approved unusual cost increase rate adjustments for residential recycling collection shall be applied retroactively to the date Contractor properly delivers notice of the requested rate increase in accordance with subsection 2.6.2.1. Approved unusual cost increase rate adjustments for residential yard waste collection shall become effective upon the date the City approves the increase. 2.7 The Contractor shall pay all lawful bills rendered against it by any City department. If the Contractor fails to pay any such bill within thirty (30) calendar days, the City may pay those bills and deduct that amount from payments due the Contractor. RABANCO RECYCLING AGREEMT--Page 8 of 35 8/31/94 2.8 The Contractor shall obtain, at its own expense, all permits and licenses required by the City or any other governmental authority and maintain the same in full force and effect during the term of this agreement. The Contractor shall pay, before delinquency, all taxes, fees and charges required by law specifically including, but not limited to, all amounts required for payment by the Washington State Department of Labor and Industries in connection with the Worker's Compensation Act, and, upon request by the City, furnish evidence of timely payment. 2.9 The Contractor shall pay as they become due all just claims for skill, labor, materials, supplies and equipment performed, obtained, purchased or otherwise furnished in order to perform the work and services described in this agreement. If any person furnishing supplies, equipment or materials or performing labor arising from or in connection with this agreement makes a claim based on Contractor's failure to pay for the work or services under this agreement, the Contractor shall provide the City with written notice of that claim, together with a copy of the claim, if available, within three (3) calendar days of Contractor's receipt of the claim. Contractor shall, within ten (10) calendar days of its receipt of the claim, cause the claim to be cancelled or discharged, or alternatively, Contractor may contest the claim. However, in the event Contractor does contest the claim and if the City, in its sole discretion, determines that the claim exposes the City to liability, the City may withhold the amount of that claim (or the amount the City determines to be its potential damages arising from the claim, which may be greater or lesser than the actual claim amount) plus an amount for reasonable attorney's fees and other legal costs from one or more payments that subsequently become due the Contractor. RABANCO RECYCLING AGREEMT--Page 9 of 35 8/31/94 SECTION 3. CONTAINERS 3.1 The Contractor shall use a co -mingle toter collection system for collection of: newsprint, cardboard, mixed wastepaper, tin, aluminum, P.E.T. #1 and H.D.P.E. 92 (plastics). Additionally, the Contractor shall use a separate toter for collection and storage of glass (brown, green and clear). The Contractor shall provide each customer with the following options regarding mixed recyclables toter size: one (1) 90 gallon toter for newsprint, cardboard, mixed wastepaper, tin, aluminum, P.E.T. 91 and H.D.P.E. #2 (plastics), together with one (1) 20 gallon toter for glass; OR one (1) 32 gallon toter for newsprint, cardboard, mixed wastepaper, tin, aluminum, P.E.T. #1 and H.D.P.E. #2 (plastics), together with one (1) 18 gallon toter for glass. The City reserves the right to expand the collection of other materials determined by the City to constitute recyclables or reusable material. 3.2 The Contractor shall collect residential yard waste, which phrase shall include grass clippings, leaves, prunings, branches (cut to less than three feet and under four inches in diameter), brush, garden material, weeds, and tree limbs (also cut to less than three feet), together with any other materials that the City and Contractor mutually determine to be recyclable. Materials may be bundled with cotton or other similar organic string only. Rocks, dirt and sod, except incidental amounts, are unacceptable. Acceptable containers for yard waste include garbage cans with handles, Kraft paper bags capable of supporting their contents, or sturdy cardboard boxes capable of supporting their contents. Contractor shall provide each Customer with the opportunity to utilize either a Customer -owned yard waste container, subject to Contractor approval, or to rent a 90 gallon toter from Contractor for yard waste collection. The maximum volume of yard waste per Customer per collection day will be limited to ten units. One Contractor provided 90 gallon toter plus seven units is equivalent to ten units. A garbage can, cardboard box, bundle or Kraft paper bag equal to thirty-two (3 2) gallons in volume (approximate) will constitute one unit. Residents will not be allowed to share yard waste service. RABANCO RECYCLING AGREEMT--Page 10 of 35 8/31/94 3.3 The Contractor, not later than one week prior to the initiation of residential collection of recyclable materials under this agreement, shall provide each participating City customer with the appropriate containers as requested by the Customer, for storage and curb set - out of recyclables for collection. When any Customer elects to participate in the program after the initial enrollment period, Contractor shall provide containers within fourteen (14) calendar days of participation sign-up. 3.4 The Customer shall have the option to select the container size she/he prefers. All containers provided to Customers shall be clean and in good condition. The containers provided for recycling collection must be distinguishable from garbage or refuse containers (for example, by use of a non -removable recycling decal ). This distinguishing characteristic(s) shall be subject to prior approval by the Public Works Director. 3.5 All containers supplied by Contractor shall remain the property of the Contractor. In the event a Contractor -supplied container(s) is damaged, destroyed, lost or stolen, Contractor shall, within seven (7) calendar days, replace the container(s) at no cost to the Customer. If damage to any Contractor -supplied container is due in whole or in part to the Customer's negligence, then the Contractor may seek compensation from the Customer for that damage, but only to the extent of the Customer's negligence or contributory fault. In the event a Customer supplied container(s) is damaged, destroyed or lost and if that damage, destruction or loss is due in whole or in part to the Contractor's negligence, Contractor shall, within seven (7) calendar days, replace the container(s) at no cost to the Customer. 3.6 The Contractor may retrieve its rental containers from Customers that have ceased participating in the collection program. If a Customer has failed to place recyclables at the curb for five (5) successive collection periods, Contractor may, after providing at least fourteen (14) calendar days prior written notice via certified mail to that Customer, RABANCO RECYCLING AGREEMT--Page 11 of 35 8/31/94 with carbon copy to the Public Works Director, retrieve its rental containers from that Customer. SECTION 4. COLLECTION 4.1 Contractor shall provide collection for all residences within the City's boundaries. For the purposes of this agreement, the term, "residence" shall include each dwelling unit within any structure containing four and fewer dwelling units, commonly known as single family dwellings, duplexes, triplexes, and fourplexes; however, if the owner of a duplex, triplex, or fourplex elects to establish a single commercial garbage account for the entire structure, then that structure cannot qualify for residential recycling service under this agreement. Collection of mixed recyclables shall occur every other week, on the same day as garbage collection, according to the hour and days specified by the City for solid waste collection. Collection of yard waste shall occur on the same day as garbage collection, on alternating weeks (same day as recycling) during the months of March through November and once per month (same day as recycling) during the months of December, January and February. 4.2 All recyclable material and yard waste (on applicable collection days) shall be simultaneously collected. Contractor shall perform collection at curbside and/or alley, as determined solely by the City's Public Works Director. Contractor shall not perform backyard collection except under special circumstances (e.g., elderly and disabled participants). In the event Contractor and any customer disagree over the need to provide backyard or other non -curbside collection, the City shall make the sole determination as to whether or not special circumstances exist that justify that collection. 4.3 The Contractor's calendar and map showing the day of the week recyclables and yard waste shall be collected from each area or route are attached as Exhibits D and E and are RABANCO RECYCLING AGREEMT--Page 12 of 35 8/31/94 incorporated by this reference. Contractor shall provide the City's Public Works Director a yearly update of this calendar and map for each calendar year this agreement is in effect, and Contractor shall deliver the updated calendar and map to the Public Works Director no later than thirty days prior to the expiration of the calendar and map then in effect. The Contractor, at the request of the Public Works Director, shall supply additional collection charts within fourteen (14) calendar days of that request. 4.4 The Public Works Director may, at his/her sole option, authorize a change in collection time. The Contractor may request a change in collection time by giving written notice to the Public Works Director, whose approval of the requested change shall not be unreasonably withheld. If so approved, Contractor shall give all affected customers seven (7) calendar days prior notice of the change. The form of notice to the customer shall also be subject to the prior approval of the Public Works Director. 4.5 When the day of regular collection falls on a legal holiday, as defined by State law, the Contractor may reschedule the regular collection to the earliest succeeding workday. Saturday collections will be permitted to collect recyclables collected regularly on a Friday if such collection has been deferred because of the holiday. The Contractor shall notify the Public Works Director in writing sixty (60) calendar days in advance of each holiday that the Contractor will not make regularly scheduled collections. The Contractor shall provide each Customer affected by this schedule change a clear and conspicuous written notice of the schedule change on the Customer's billing statement immediately preceding that holiday. 4.6 The Contractor may decline to make collection: (a) Of material that is improperly prepared or is contaminated. (b) Of material that is not placed at the curbside or alley. RABANCO RECYCLINNG AGREEMT--Page 13 of 35 8/31/94 The Contractor shall notify these customers by delivering a "correction card" on the customer's collection day. This "correction card" shall clearly state the reason(s) why Contractor refused collection of the Customer's material. The form of this "correction card" shall be subject to prior approval of the Public Works Director. The Contractor shall also notify the City within one working day of each address where the Contractor declined to collect the material. 4.7 The Contractor shall use its best efforts to prevent the collection of contaminated recyclables. In the event Contractor collects any contaminated recyclables, it shall dispose of those contaminated materials at no cost to the City. 4.8 When snow or ice requires closure of roadways that provide access to the residences or causes other disruption beyond Contractor's control that prevents collection on the scheduled day, the Contractor shall make collection on the nearest proximate weekday. If such conditions continue for an entire collection cycle or longer, the Contractor shall collect all accrued recyclables up to the maximum volume a customer could have left for collection during the interval when collections were missed. When Contractor resumes scheduled service, it shall take bags, boxes, and any other temporary customer receptacles that were used to contain overflows from Contractor -provided containers. 4.9 Should the Contractor fail to make collection on a scheduled day for causes within the Contractor's control, the Contractor shall, within one working day, make a special collection without charge to the City or the Customers. The collection shall include any excess recyclables accumulated during the interval between the scheduled collection day and the special collection. If a dispute arises concerning the cause of the failure to make timely collection, the City's Public Works Director shall determine the actual cause of the failure to collect and allocate costs of and responsibility for collection accordingly. RABANCO RECYCLING AGREEMT--Page 14 of 35 8/31/94 4.10 The City reserves the right to construct. any improvement or to permit any construction for operation, maintenance or repair of any street, alley or other public facility. This construction may temporarily prevent the Contractor from traveling its accustomed route or routes for collection. Although the City shall use its best efforts not to disrupt the Contractor's work under this agreement, the Contractor shall, by whatever method it elects and at no additional cost to the City or to the Customers, continue to collect the source separated material to the same extent as though no interference existed upon the areas formerly traveled. SECTION 5. CUSTOMER SERVICE 5.1 General. 5.1.1 Contractor shall perform all work in a thorough and professional manner and in full compliance with this agreement. 5.1.2 Contractor shall take the utmost care in the loading, transportation and storage of recyclables to prevent any leaking, spilling or other loss. Contractor shall immediately clean up any leaked, spilled or lost material or debris. Further, if Contractor receives either written or oral notice from the City of any leak, spill or other loss determined by the City to have been caused by Contractor, Contractor shall clean up that leak, spill or loss within 24 hours. 5.1.3 Contractor shall maintain an office within the City limits. Customers shall be able to access the office either in person or by telephone. Contractor shall staff the local office appropriately to realistically meet the Customers' needs, such as, receiving and responding to complaints, receiving and administering orders for special service, and/or receiving and responding to instructions from the Public Works Director. This office shall be in operation between 8:00 a.m. and 5:00 p.m., Monday through Friday, RABANCO RECYCLING AGREEMT--Page 15 of 35 8/31/94 excluding City designated holidays, or as otherwise approved by the Public Works Director. 5.1.4 The Contractor will specifically designate one of its employees or officers by name as Contractor's representative to adjust customer grievances. At the request of the Public Works Director, this representative will join a City representative to meet with customers if the Public Works Director determines such a meeting would be advisable. Contractor's representative shall be available for this customer meeting within twenty- four (24) hours of receiving the City's request to attend the meeting from the City. If the meeting is called to address a Customer complaint regarding the Contractor or Contractor's complaint about a Customer, the City's decision on the matter shall be final. 5.2 Conduct of Employees and Agents. 5.2.1 Contractor shall comply with all provisions of the "Occupational Safety and Health Act" and the "Washington Industrial Safety Act" as those Acts apply to the work and services contemplated under this agreement. 5.2.2 All Contractor's employees, agents or independent contractors shall be competent and skilled in the performance of the work to which they may be assigned. Failure or delay in the performance of this agreement because of Contractor's inability to obtain workers of the number and skill required shall constitute a default of the contract. 5.2.3 All Contractor's employees performing any of the work or services required in this agreement shall be courteous, shall exercise due care, and shall perform their work without delay or unnecessary noise, and without damage to public or private property. Additionally, these employees shall close all gates that they open. Moreover, these employees shall follow the regular pedestrian walkways and paths while on private property, but may, with the owner's consent (express or apparent), cross open lawns. Further, employees shall not cross flower beds or cross through hedges. RABANCO RECYCLING AGREEMT--Page 16 of 35 8/31/94 5.2.4 While collecting, employees shall carry and display photographic identification supplied by the Contractor. The form of identification must first be approved by the Public Works Director. 5.2.5 Contractor's employees or agents shall pick up any material scattered or spilled during collection and clean up the area affected. 5.2.6 Neither the Contractor nor its employees nor any subcontractor, nor any agent, shall request or accept any gratuities from any person, firms or corporations for services required to be performed under this contract. 5.2.7 If any person employed on the work by the Contractor is, in the opinion of the Public Works Director, incompetent, disorderly, or otherwise unsatisfactory, the Public Works Director shall document such unsatisfactory action in writing and transmit same to the Contractor with a demand that such unsatisfactory action be corrected. If the unsatisfactory action is not corrected within a reasonable time, which shall be determined solely by the Public Works Director, or if the action is repeated, then the Contractor shall be subject to the default provisions established in this agreement. 5.3 Operation and Maintenance of Equipment. 5.3.1 The number and size of collection equipment shall be of sufficient capacity to service all participating residences in accordance with the agreed upon schedule. 5.3.2 The Contractor shall own containers and shall either own or lease all vehicles and other equipment required by this agreement. 5.3.3 All vehicles shall be kept in a clean and sanitary condition and in a state of good appearance and repair. In order that Customers may easily identify Contractor's vehicles, Contractor shall uniformly paint all vehicles in Contractor's selected color or colors, RABANCO RECYCLING AGREEMT--Page 17 of 35 8/31/94 subject to prior approval by the Public Works Director, and each vehicle shall be numbered. Each vehicle number shall be painted in a contrasting color, shall be at least four inches high, and shall appear on each side of each vehicle and on the rear of the vehicle. No advertising shall be permitted on any vehicle or other equipment except for the Contractor's name. Program promotional information, if first approved by the Public Works Director, and/or a City logo are also allowed. 5.3.4 Each vehicle shall carry sufficient equipment to pick up any material scattered or spilled during collection, including clean up of the affected area. 5.3.5 All vehicles used in recycling collection shall be registered with the State of Washington Department of Motor Vehicles. All Contractor vehicles shall be operated in conformity with federal, state and local laws, rules and regulations. 5.3.6 The maximum noise level of motor vehicles during travel, or while operating shall not exceed allowable noise level limits set forth in the Kent City Code, as now enacted or hereafter amended. 5.4 Publicity and Education. 5.4.1 Contractor's publicity and education efforts shall encourage the maximum level of citizen/customer recycling and yard waste collection. Publicity and education will be designed to maximize participation in the residential collection program. Publicity activities must emphasize all materials to be collected. 5.4.2 The Contractor will prepare and print a technical information sheet concisely explaining (1) the operation of the collection program and (2) recyclable and yard waste material preparation procedures. The sheet shall be enclosed with an official City of Kent letter briefly explaining the project background, the project implementation schedule, and the responsibility of the participants. This letter will be prepared, printed and mailed by the RABANCO RECYCLING AGREEM f --Page 18 of 35 8/31/94 Contractor, but first approved by the Public Works Director, and shall be mailed within one month of the effective date of this agreement. Contractor delivery of storage containers shall include concurrent delivery of the official City letter, technical information sheet, and collection schedules. The calendars will clearly depict which week and day service will occur by highlighting the dates of service. 5.4.3 The Contractor shall develop a method for signing up participants in the program. The Contractor shall prepare and print, subject to the prior review and approval of the Public Works Director, a sign-up form for each program participant to complete. 5.4.4 Contractor shall mail to all potential residential customers within the City of Kent an information package introducing the availability of the new yard waste program, the cost of the program, how it will affect the customers and notice of the prohibition of yard waste from the solid waste stream effective November 1, 1994. 5.4.5 In addition to the technical information sheet and other materials that Contractor will mail pursuant to section 5.4.2, Contractor shall also undertake separate promotional mailings to encourage City-wide participation. Currently over eighty percent of Kent's single family residents are recycling. Promotional mailings by the Contractor for recycling will be targeted at the twenty percent of Kent single family residents who do not recycle. Residents who do not currently recycle will receive promotional literature. This mailing will include: Introduction to curbside recycling; 2. Explanation of the recycle program; 3. Benefits of participating in the program; 4. A self-addressed response post card to sign up for recycle service. All remaining non -participants will receive a second promotional packet ninety (90) days after the date of mailing the first promotional packet. RABANCO RECYCLING AGREEMT--Page 19 of 35 8/31/94 5.4.6 The content and development of all public education materials and activities is subject to the prior written approval of the Public Works Director. The City shall cooperate with the Contractor's public education efforts. However, the City may elect to perform promotion activities that exceed the Contractor's listed responsibilities. 5.4.7 Contractor shall designate a specific spokesperson, who shall be available for City scheduled interviews with the press and radio and television stations. SECTION 6. REPORTS 6.1 The Contractor shall submit monthly project reports for the duration of the agreement commencing on its effective date. These reports shall be due by the thirtieth day of each month. At a minimum, the reports shall include: 1. A report of tonnage of all materials collected, by material; 2. A report of tonnages of all materials sold, by material; 3. A report of weight of materials collected and disposed due to contamination; 4. Material market prices; 5. Resident participation rates in terms of monthly set -out counts on each collection route with a description of the methods used to determine these rates; 6. Description of progress in meeting the implementation schedule including any problems encountered and how they were resolved; and 7. Discussion of education and publicity efforts, copies of materials distributed, and results of efforts. These reports shall also include any other information requested by the City, through its Public Works Director. RABANCO RECYCLING AGREEMT--Page 20 of 35 8/31/94 6.2 The Contractor shall provide year-end annual reports for each year the project is in operation. These reports will be due within 30 calendar days of the end of the calendar year. At a minimum, the report shall include: 1. A cumulative report of the detailed revenue information contained in the monthly reports, and a cumulative report of participation rates and recovered materials tonnages. 2. A cumulative report detailing all of Contractor's operation expenses within the City limits, which shall also balance these expenses against Contractor's total revenue from its operations within the City limits. 3. A discussion of public awareness activities and their impact on participation and recovered volumes. 4. A discussion of highlights and problems and measures taken to resolve problems and increase efficiency and household participation. 5. A summary that highlights the Contractor's mitigation efforts and programs. This report shall also include any other information requested by the City, through its Public Works Director. SECTION 7. ENFORCEMENT/DEFAULT 7.1 Should the City determine that the Contractor in any manner refused, failed, or neglected to comply with the terms, conditions and obligations of this agreement, the City shall notify the Contractor in writing either personally or by certified mail at the address indicated herein of Contractor's refusal, failure, or neglect, and, in so doing, shall direct the Contractor to comply with all provisions of the agreement (for the purposes of this Section 7, the "Notice of Default"). RABANCO RECYCLING AGREEMT--Page 21 of 35 8/31/94 7.2 Should the Contractor fail to remedy or justify its refusal, failure or neglect to comply with the terms of the agreement to the satisfaction of the City within 10 calendar days of receipt of the City's Notice of Default, the City may declare a default ("Declaration of Default") under this agreement and shall notify the Contractor (and, at the City's option, may notify the surety on the performance bond) of the Declaration of Default. The City shall also indicate the action(s) it intends to take as a result of the Contractor's default in the Declaration of Default. The City may subsequently amend the Declaration of Default without first issuing an additional or amended Notice of Default. The City's issuance of a Declaration of Default shall not limit its ability to take any other action it deems advisable. 7.3 Following Contractor's receipt of the Declaration of Default, the City, at its option, may impose liquidated damages as specified below or may require the Contractor to discontinue the work, whereupon the City may transfer the work to the performance bond surety, who then shall assume the work that the City has ordered discontinued. Additionally, the City may take any other action it deems advisable. 7.4 Upon the City's issuance of the Declaration of Default that involves an order that the Contractor discontinue all work under this agreement, all payments due the Contractor shall be retained by the City and applied to complete the work and to pay for any damages suffered and expenses incurred by the City by reason of the default. If the City requires the performance bond surety to assume the work under this agreement because of Contractor's default, all payments remaining due the Contractor at the time of default, less amounts due the City from the Contractor for damages suffered and expenses incurred by reason of such default, shall be payable to the surety. Thereafter, the surety shall receive monthly payments equal to those that would have been paid the Contractor had the Contractor continued to perform the work.. RABANCO RECYCLING AGREEMT--Page 22 of 35 8/31/94 7.5 If the surety, after being required to do so by the City, fails to assume the performance of the work under this agreement within 30 calendar days of the surety's receipt of the Declaration of Default, or if the City does not request the surety to assume that performance, the City may complete the agreement or any part thereof, and the City shall have the right to complete the work, either through City forces or through a separate contractor, and the City shall charge that cost to the Contractor and its surety together with all incidental costs. 7.6 If the City completes the Contract at a lesser cost than would have been payable to the Contractor if the Contractor had fulfilled this agreement, then the City shall retain that difference. Should the City's cost be greater, the Contractor and its surety shall pay that excess amount to the City. 7.7 In some instances, the Contractor may fail to provide the agreed upon work or services in accordance with the Contractor's work schedule in such a manner that providing an opportunity to cure would not, in the City's opinion, serve to remedy Contractor's default (a "Breach of Service"). In that event, the City may, as an alternative to and without limiting any other enforcement method made available in this agreement, exercise its rights under this section. Since a Breach of Service under this agreement would cause serious and substantial damage to the City and its citizens, and the nature of this agreement would render it impracticable or extremely difficult to fix the actual damage sustained by the City by that breach, it is agreed that in case of Breach of Service, the City may elect to collect liquidated damages for each breach, and the Contractor will pay, as liquidated damages and not as a penalty, the amounts set forth below, these sums being agreed to as the amount that the City will be damaged by the breach of that service. A truck beginning residential $75 per occurrence collection prior to 7:00 a.m. RABANCO RECYCLING AGREEMT--Page 23 of 35 8/31/94 2. Contractor's employee found without $100 per occurrence proper identification and/or safety equipment. 3. Failure of Contractor to maintain, $100 per occurrence wash and clean collection vehicles. 4. Same customer missed three (3) times $100 in a six month period through no fault of the customer. 5. The repetition of complaints on $150 a route after notification to replace cans or containers in designated locations, spilling, not closing gate, crossing planted areas, or similar violations. 6. Failure to comply with Holiday $150 Schedule. 7. Failure of Contractor to collect $200 after 24 hours a missed pickup, if the missed pickup $400 after 48 hours is due to the fault of the Contractor, $200 for each within 24 hours (Sundays and add'l. 24 hr. period. Holidays excluded) of Contractor's notification of the miss. Contractor shall not be subject to liquidated damages contemplated in subsections (4) and (7) during the first sixty (60) days of this agreement, so long as Contractor has made a good faith attempt to provide the services addressed in those subsections. Contractor's Breach of Service of any other term or condition of this agreement not indicated above shall subject Contractor to a fine of $50 per occurrence. Any liquidated damages the City collects shall be deducted from payments due the Contractor. Any election to seek these remedies shall not be construed as a waiver of any legal remedies that the City may have for any subsequent breach of service under this agreement. SECTION 8. MISCELLANEOUS RABANCO RECYCLING AGREEMT--Page 24 of 35 8/31/94 8.1 The Contractor has made its own examination, investigation, and research regarding the proper method of doing the work, all conditions affecting the work to be done, the labor, equipment, and material needed thereon, the quantity of work to be performed and all applicable ordinances and state laws. The Contractor agrees that it has satisfied itself by its own investigation and research regarding all these conditions, that the Contractor's decision to enter into the proposed contract is based upon this investigation and research, and that the Contractor shall make no claim against the City because of the estimates, statements, or interpretations made by an officer or agent of the City which may prove to be, in any respect, erroneous. 8.2 During the performance of this contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, sex, age, marital status, national origin, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification. 8.3 If any City property of any kind is damaged by reason of the Contractor's operations under this Contract, the Contractor shall repair or replace same after being notified in writing of the damages or, failing to do so promptly, the City may cause repairs or replacements to be made and the cost of doing so shall be deducted from the Contractor's payment from the City. 8.4 The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits of any kind, including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the sole negligence of the City. This indemnification specifically includes, without limitation, any and all claims, injuries, damages, losses or suits of any kind on account of a violation of city, county, state or federal laws relating to environmental health. RABANCO RECYCLING AGREEMT--Page 25 of 35 8/31/94 The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 8.5 The Contractor shall procure and maintain for the duration of this franchise, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the rights and obligations conferred under this agreement, specifically including, without limitation, activities and/or work performed by or on behalf of the Contractor, its agents, representatives, employees or subcontractors. Before beginning the work described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: RABANCO RECYCLING AGREEMT--Page 26 of 35 8/31/94 Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $5,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its officers, officials, employees, agents and volunteers shall be named as an additional insured on the insurance policies, and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The coverage shall contain no special limitations on the scope of protection afforded to the City. The Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. Any failure to comply with the reporting provisions of the policies shall not affect the City's coverage. RABANCO RECYCLING AGREEMT--Page 27 of 35 8/31/94 Any insurance maintained by the City, its officials, officers, employees or agents shall be in excess of the Contractor's insurance and shall not contribute with it. Approval of required insurance is a condition precedent to the execution of this agreement. Failure of the Contractor to fully comply with any and all of the terms of the foregoing insurance provisions shall be considered a material breach of this Contract and cause for its immediate termination at the option of the City. 8.6 The Contractor shall provide and maintain at all times a valid Contractor's Performance and Payment Bond in an amount equal to 25% of the sum of one 1) the estimated annual City payment to the Contractor, and 2) the estimated annual yard waste revenue collected directly from the Customer by the Contractor . The bond shall be issued for a period of not less than two years and the Contractor shall provide a new bond, or evidence satisfactory to the City of its bond renewability, no less than 180 calendar days prior to the expiration of the bond then in effect. The bond shall be for the use and benefit of the City, with a surety company authorized to do business in the State of Washington and acceptable to the City. This bond shall be submitted to, and be subject to prior review and approval by the Public Works Director prior to its effective date. Contractor's failure to furnish and maintain this bond shall constitute a material breach of this Contract and shall provide the City, at its option, a basis to immediately terminate this agreement with the City. 8.7 The Contractor shall not assign or sub -contract any of the work or delegate any of its duties under this agreement without the prior written approval of the Public Works RABANCO RECYCLING AGREEMT--Page 28 of 35 8/31/94 Director. When requested, approval by the Public Works Director of a subcontract or assignment or transfer shall not be unreasonably withheld. 8.7.1 The term "assignment" includes the following changes in the Contractor's organization: (1) The cumulative transfer of 50% or more of its voting stock outstanding when this contract is signed, if the Contractor is a corporation with unlisted securities. (2) Any transfer or effective control over the Board of Directors or of corporate affairs, if the Contractor is a corporation, the stock of which is either (i) listed on a national securities exchange, or (ii) actively traded "over the counter" and is the subject of published quotations supplied by the National Association of Securities Dealers (NASDAQ); (3) The transfer of an aggregate of 50% or more of the ownership interest, if the Contractor is a partnership. (4) If the Contractor is a limited partnership or joint venture, a withdrawal of the general partner, a transfer of the general partnership interest, or, if incorporated, a corporate reorganization of the general partner or transfer of its voting stock meeting the criteria of sub -sections (a) or (b). 8.7.2 The term "transfer" includes a sale, merger, or change in ownership by operation of law, the issuance of new shares, or conversion of shares without voting rights to voting shares. "Voting stock" means the shares entitled to vote for election of the directors of the corporation. 8.8 The Contractor shall not assign or pledge any of the monies due under this Contract without securing the written approval of the surety on the performance bond and providing at least thirty (3 0) calendar days' prior notice to the Public Works Director of such assignment or pledge together with a copy of the surety's approval thereof. Such RABANCO RECI'CLING AGREEMT--Page 29 of 35 8/31/94 we assignment or pledge, however, shall not release the Contractor or its sureties from any obligations or liabilities arising under or because of this contract. The parties intend that an independent contractor -employer relationship will be created As Contractor is customarily engaged in an independently established by this agreement trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -contractor of Contractor shall be or shall be deemed to be the employee, agent, representative or sub -contractor of the City. In the performance of the work, Contractor is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this agreement. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives, or sub- contractors of the Contractor. Contractor will be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, representatives and sub- contractors during the performance of this agreement. The Contractor shall maintain, at a minimum, the following records to support its independent contractor status following the effective date of this agreement: 1. File a schedule of expenses with the Internal Revenue Service for the type of business Contractor conducts; 2. Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from the State of Washington; and 3. Maintain a separate set of books and records that reflect all items of income and expenses of Contractor's business, all as described in the Revised Code of Washington (RCW) Section 51.08.195, as required to show that the services RABANCO RECYCLING AGREEMT--Page 30 of 35 8/31/94 performed by Contractor under this agreement shall not give rise to an employer- employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance. 8.10 The Contractor shall make available to the City full and complete accounting records, prepared in accordance with generally accepted accounting principles, reflecting Contractor's work on this agreement. The Contractor's accounts, including but not limited to all records, invoices and payments under this agreement, as adjusted for additional and deleted work, shall at all reasonable times during the term of this agreement and for three years thereafter be open for inspection by the City for any reasonable purpose. These accounting records shall be maintained in Contractor's local office or, if maintained outside of south King County (south of I-405), shall be made available to the City at City offices or at Contractor's local office after giving three working days' notice that the records must be made available. 8.11 The City shall have the right to copy all records and documents, to interview any person, and to review any evidence in the Contractor's possession or control in order to assist the City in the operation, interpretation or administration of this agreement and in order to assist the City to resolve any dispute that might arise under this agreement. Additionally, the City may require an audit, at Contractor's expense, of the Contractor's books and records, including all documents, notes and other information whether written or stored in an electronic memory or medium, at any time to verify any reporting requirements in this agreement, to verify compliance with the provisions contained in this agreement, or to determine adjustments allowed under this agreement. Audit information will be kept confidential, except as disclosure may be required by public disclosure laws. The City shall, in good faith, use its best efforts to refrain from requiring an unreasonable number of audits. RABANCO RECYCLING AGREEMT--Page 31 of 35 8/31/94 8.12 The Contractor warrants that it has not employed or retained any company, or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, any fee, commission, or percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability. 8.13 Contractor warrants that it has no apparent or real conflict of interest with any other firm, entity, jurisdiction or person in performing the work and service provided in this agreement. In the event any conflict is discovered following execution of this agreement, Contractor agrees to immediately report that conflict to the City. Should the City, on its own decision, determine that a conflict presents or poses circumstances that will adversely affect or compromise the work to be performed under this contract, the City may terminate this agreement immediately without cause or liability. Should the City determine that a substantial conflict of interest exists involving one or more of Contractor's existing or prospective clients that would adversely affect the work to be performed under this agreement, the City may, at its option, require Contractor to terminate its relationship with that client to eliminate the conflict. 8.14 Contractor shall not be in default under this contract where its failure to perform is due to force majeure events. For the purposes of this agreement, force majeure events do not include strikes or inflation, but do include, without limitation, civil disorders, such as declarations of National war, or Acts of God, such as earthquake, fire or floods. 8.15 All notices shall be in writing and shall be delivered or mailed to the following respective addresses: CITY City of Kent Attn: Public Works Director 220 Fourth Ave. S. RABANCO RECYCLING AGREEMT--Page 32 of 35 8/31/94 Kent, Washington 98032-5895 CONTRACTOR Rabanco dba Kent Disposal Attn: General Manager, Kent Disposal 22010 76th Ave. South Kent, WA 98032 Either party may, from time to time, designate in writing to the other party a change of address. 8.16 Any assignment, subcontracting, or delegation of all or a portion of Contractor's duties under this agreement without the written consent of the City shall be void. In the event of an assignment, sub -contracting or delegation of all or a portion of Contractor's duties, the Contractor shall remain responsible for the full and faithful performance of this agreement, and the assignee, sub -contractor, or other obligor shall also be responsible to the City for the satisfactory performance of the work assumed. The Public Works Director may impose additional contractual conditions as further consideration of the City's approval of the transfer or exchange. If the City shall give its consent to any assignment, subcontracting or delegation of all or a portion of Contractor's duties, no further assignment shall be made without the City's consent. 8.17 No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. 8.18 The failure of the City to insist upon strict performance of any of the covenants, terms, conditions and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be and remain in full force and effect. RABANCO RECYCLING AGREEMT--Page 33 of 35 8/31/94 8.19 To prevent disputes or eventual litigation, all questions, claims or disputes arising as to the performance of the work and services under this agreement or as to the interpretation of any portion of this agreement shall first be submitted to, and determined by, the City's Public Works Director or another City representative, if so selected by the Public Works Director. Any unresolved disputes shall be determined solely under the jurisdiction, venue and rules of the King County Superior Court and the laws of the State of Washington and the City of Kent. Each party shall be responsible for its own attorney fees and costs incurred in presenting or defending this dispute or claim. 8.20 The provisions of this agreement are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this agreement, or the invalidity of the application thereof to any person or circumstances, shall not affect the validity of the remainder of this agreement, or the validity of its application to other persons or circumstances. 8.21 This agreement, together with any attachments, exhibits, or appendices that may be attached hereto or incorporated herein by reference constitute the entire agreement between the parties. Further, this agreement constitutes the entire agreement between the parties, it contains all of the covenants, promises, agreements and conditions, either oral or written, between them. Finally, this agreement fully reflects each party's subjective and objective purpose and intent. RABANCO RECYCLING AGREEMT--Page 34 of 35 8/31/94 Entered into on the dates set forth below. CITY OF KENT Date: ATTEST: Brenda Jacober, City Clerk Approved as to form: Roger A. Lubovich, City Attorney RECYCLE8.pwk RABANCO RECYCLING AGREEMT--Page 35 of 35 RABANCO dba KENT DISPOSAL Lm Sm Date: 8/31/94 PUBLIC WORKS COMMITTEE AUGUST 22, 1994 PRESENT: PAUL MANN TOM BRUBAKER TIM CLARK MR & MRS RUST DON WICKSTROM ABSENT: JIM BENNETT j Regycling/Yard Waste CQntract Wickstrom referred to a draft contract with Kent Disposal and reminded the Committee that in April of this year they had selected Kent Disposal's R.F.P.. He stated that the yard waste program would be voluntary, however there would be a service charge. The only thing we would be doing is banning yard waste mixed with the garbage. Wickstrom explained the schedule of recycling pick up and yard waste pick up times, noting that the costs for yard waste collection would differ - March - November ($7.75/month) and December -February ($3.75/ month) with an additional $1.00/month for toter rental. In response to Mann, Wickstrom said that the customer will be charged a service fee even if the customer has nothing to be picked up. Wickstrom explained however, that the customer does have an option and that this is not a mandatory program. He said that yard waste cannot be put into the garbage container. In January yard waste will not be accepted at the landfills. He said that we have to at least provide an alternative solution for the residents. As such, King County's goal is to reduce the amount of waste going to the landfill by approximately 50% in 1995 and yard waste is a major component of residential garbage presently going to the landfill. Brubaker stated that he thought the Council had already in pricinpal, voted approval on this whole thing. Clark said that when we say 'recycling' we are looking at a different goal than the yard waste. Brubaker stated however, that the yard waste does get recycled, although the transaction is expensive. Wickstrom said that the yard waste program would be a big ticket item to us if we were to pick that up. Just to continue funding the recycling program has been a struggle out of the environmental fund. Wickstrom stated that he wanted the Committee to understand that the funding package presented is, living off the unincumbered fund balance of the environmental fund; that there are escalation clauses in the contract for this service which means that costs are going up; that over time will eat into the unincumbered balance. He also stated to totally finance the yard waste program and provide a free service would cost about one-quarter million dollars or more. Committee unanimously recommended accepting the recycling/yard waste contract, subject to the City Attorney and Public Works Director concurring on final language therein; adopting an ordinance .amending the existing ordinance banning yard waste from being included in garbage and approving the funding proposal as presented. �A 4n� Kent City Council Meeting Date September 6. 1994 Category Consent Calendar 1. SUBJECT: RECYCLING/YARD WASTE - ORDINANCE AMENDMENT 2. SUMMARY STATEMENT: As recommended by the Public Works Committee, authorization to adopt---dinance o. 31 3 amending 6rdb the City solid waste ordinance'banning yard wapte from being deposited into the garbage.," � 3. EXHIBITS: Ordinance Z/ 4. 5. 0 7 RECOMMENDED BY: Pub1mc-w-orxs oommis�uCC (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCAL/PERSONNEL IMPACT: EXPENDITURE REQUIRED: SOURCE OF FUNDS: CITY COUNCIL ACTION: NO YES Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3J ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, amending the definition of "Yard Waste" in Section 7.03.010 of the Kent City Code and adding a new Section 7.03.045 to the Kent City Code relating to the recycling and collection of Yard Waste and further prohibiting the commingling of Yard Waste with garbage or other recyclable materials. THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment. Section 7.03.010 of the Kent City Code is hereby amended as follows: Sec. 7.03.010. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Collection company means the persons, firms or corporations or combination thereof operating under a contract for solid waste, recyclables or yard waste collection with, or under the direction of, the city, including an authorized contractor for the collection of recyclable materials under this chapter. Detachable container means any garbage container compatible with the collection 1 company's equipment that is not a garbage can, garbage unit or mobile toter. Director means the director of the department of public works. Garbage means all accumulations of solid waste. Garbage can means a watertight, galvanized, sheet metal, raised -bottom container or suitable plastic container not exceeding four (4) cubic feet or thirty-two (32) gallons in capacity, weighing not over twenty-two (22) pounds when empty, fitted with two (2) sturdy handles, one (1) on each side and a tight cover equipped with a handle. Garbage units mean secure and tight bundles, none of which shall exceed three (3) feet in the longest dimension and shall not exceed seventy-five (75) pounds in weight. Garbage units may also mean small discarded boxes, barrels or bags or securely tight cartons or other receptacles not intended for recycling under this chapter and able to be reasonably handled and loaded by one (1) person onto a collection vehicle. Mobile toter means a movable container which holds at least sixty (60) gallons of garbage, with a hinged -lid with a tight fit, thick skinned one-piece balanced weight body which sets on tires, which will be picked up at curbside with hydraulic dumpster. The director may approve collection company use of alternative sizes of mobile toters. Person means every person, firm, partnership, business, association, institution, or corporation in the city accumulating garbage requiring disposal or generating, accumulating, and collecting recyclable materials. The term shall also mean the occupant and/or the owner of any premises for which service mentioned in this section is rendered. Recycle container means designated ninety -gallon mobile toters in which recyclable materials can be stored and later placed at curbside, alleyside or other location designated by 2 the director or collection company with the concurrence of the director. This term also includes but is not limited to designated commercial front load boxes, drop boxes and compactors at locations as may be specified by the director. The director may approve collection company use of alternative sizes of recycle containers. Recyclable materials means waste materials generated in the city capable of reuse from a waste stream as designated by the director, including but not limited to sorted or unsorted newsprint, glass, aluminum, ferrous and nonferrous cans, plastic materials, mixed paper, and cardboard accumulated and intended for recycling or reuse and collection by a collection company or authorized contractor. This term excludes all dangerous wastes and hazardous wastes as defined in RCW chs. 70.10 and 70.105A, and solid wastes intended for disposal in a landfill, incinerator, or solid waste disposal facility under WAC ch. 173-304. All recyclable materials intended for collection by a city authorized collection company or contractor shall remain the responsibility and ownership of participants until such materials as Contained in designated recycle containers are placed out for collection for the authorized contractor. Such materials then become the responsibility and property of the collection company or authorized contractor subject to the right of the participant to claim lost property of value. Solidwaste shall be as defined by RCW 70.95.030 and WAC 173-304-100(73), with the exception of sludge from wastewater treatment plants and septage, from septic tanks, extremely hazardous waste, hazardous waste, dangerous waste, and problem wastes as defined in WAC chs. 173-303 and 173-204, and RCW chs. 70.105 and 70.105 A. Solid waste utility shall be the city system of solid waste handling under RCW chs. 35.21 and 35.67 and this Code. Yard waste means plant material including leaves, grass clippings_prunings, branches (cut to less than three feet and under four inches in diameter), brush, flewer^, tree w a 3 Wastegarden material weeds tree limbs also cut to less than three feet and under four inches in diameter) and other biodegradable waste that may be designated by the director. YihT 11;�aste ineludes sod not ever four (4) inehes in diameter and limbs and branehes not evef (I) inches in diameter er four (4) feet—inlength- Rocks dirt and sod except incidental amounts are unacceptable Materials may be bundled with cotton or other similar organic string only. Yard waste does not include demolition debris such as concrete, wallboard, lumber or roofing materials. Section 2. New Section. A new Section 7.03.045 is added to the Kent City Code: Sec. 7.03.045. Residential recyclable yard waste materials; collection. A Collection companies and authorized contractors operating in compliance with this chapter are permitted to enter into an agreement with the city and to enter private property to collect residential recyclable yard waste materials from participating residences unde program administered by the city or as may be further prescribed in regulations promulgated by the director. Subject to terms and conditions of any such contract and regulations such commies are solely responsible for all costs of removal marketing, and disposal of residential recvclableyard waste materials placed out for collection by program participants. B The director is authorized to prepare any implementing regulations needed for the development and implementation of a voluntM residential yard waste reduction and recycling Collection program for articipation by residential generators of yard waste materials capable of being recycled and reused Such program shall not prohibit the customary collection and sale of recyclable and reusable residential yard waste materials by individual residential vard waste recyclers The director shall provide for public service announcements cooperation with the media coordination with collection companies and authorized contractors and information in city utility billings notif3drig the public of the residential yard waste recycling program elements and collection times. C. Designated residential yard waste containers shall be placed at curbside, alle sy ide, or other locations as determined by the director or collection company with the concurrence of the director. Back yard collection of residential yard waste shall not be required of the collection company or contractor except under special circumstances determined by the director, for example, for disabled or elderly participants. D. All persons and residences within the territorial limits of the City of Kent are prohibited from disposing any yard waste in any garbage solid waste or recycle container other than a designated yard waste container. Section 3. Savings. Kent City Code section 7.03.010, which is amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance. Section 4. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final approval and passage as provided by law. JIM WHITE, MAYOR 5 ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY PASSED the day of , 19_. APPROVED the _ day of 19_. PUBLISHED the _ day of 19-- I hereby certify that this is a true and correct copy of Ordinance No. , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent hereon indicated. YARD W STE.ord BRENDA JACOBER, CITY CLERK 0 Kent City Council Meeting Date September 6 1994 Category Consent Calendar 1. SUBJECT: KANGLEY DOWNS - BILL OF SALE 2. SUMMARY STATEMENT: As recommended by the Public Works Director, authorization to accept the bill of sale and warranty agreement for Kangley Downs, submitted by Stafford Construction, Inc.p for continuous maintenance and operation of 615 feet of water main extension, 920 feet of sanitary sewer line, 608.30 feet of street improvements and 915 feet of storm sewer and release of bonds after expiration of the maintenance period. The project is located at 114th Ave. SE and SE 271st Street. 3. EXHIBITS: Vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. 3 7 UNBUDGETED FISCAL/PERSONNEL IMPACT: NO EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember moves, Councilmember DISCUSSION: ACTION: YES econds Council Agenda Item No. 3K 98TH PL S ■ �,i,' -..` (( .! '� � N TH PLS -LOQ d W i \ CD Im o. W N) A A / - 1007" P. 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C !11T4 y 7 SE —I = I qlT .II2 AVE `-`- z / i CT $5 �; p 10 ^ T .1. 113TH AVE Ln .. 14 H AVE SE 0 fq 114TH AVE it r ;2 N Q w C 117TH AVE SE If N `^7C N 116TH AVE BE N 116TH V 2 118TH AV[ !E VN i Yn PL 8E a N /0 14 120TH AVE + BE 120TH '� AVE K 1f n 12387 H f 121ST Q Ole AVE 2ND AVE $E 121ST 7+ AVE BE 122ND K BE i AVE BE Z 123RD 2� rA ' ql �[ ft + AVE BE M�11 r 124TH AVESE 1 124TH N 124TH PL SE ymm 12T8 AVE S S N ,y J r R67 R 9E / 127TH AV N J P AVE Be ISTH pl. SEKANGLEY DOWNS m J }�1 N cx 11 T N J AVE tp � n- N 117TH PL S S~ r 3 Z 120TH 121 S7 .am `y10Z1 ? � • . im 121 61 ONS\ � 2� p 3(d O -IS or a Z ro u N r -moi V � 124TH 5 m N - Z u m Z jld 3`+ 128TH AVE SE '29TH w AVE' m 129TH AV N M Kent City Council Meeting Date September 6, 1994 Category Consent Calendar 1. SUBJECT: HARVEY PLAT - BILL OF SALE 2. SUMMARY STATEMENT: As recommended by the Public Works Director, thorization to accept the bill of sale and wa anty agreement for Harvey Plat submitted by Harvey and Wilm rohs for continuous maintenance and operation of 440± of street improvements and 234 feet of storm sewers and release of bonds after expiration of the maintenance period. the project is located at 23rd Court South and South 252nd Street. 3. EXHIBITS: Vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. 3 7. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: YES Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3L « rV O N p prrl A i 11THf VI D" Q' 11TM 11TH E 11TH 1MARINE f p AK f AVE TH n sNp QAVE N { r12TH 1 13TH AVE i VE N �N .•j 9 r k AVE f AVE i r� r (� T 13TH Ft • 13TH . N 13TH a { ! '\ p p 14TH N AVE i m N y ,.� - ':; j p fL i R ,4� •�( C; 16TH 1STH AVE i S 07p o� ti �;.C. 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P a 35TH PL S N ~ (A 36TH 2 AVE i p M- 35TH N 41' S z a P N S) Y RD 36TH PL S P P N pVE d N P a> TM►LN m P (P W 39TH A O r(.i� N Lo -4 AVE S N+;_SfC�`� � F 4. ° ' r O o g2O O 41ST ,... 39MFL 1 I W S ti4 42 D AVE S 42 3 N N � M HARVEY PLAT ' M Kent City Council Meeting Date September 6, 1994 Category Consent Calendar 1. SUBJECT: CPI 135 GREEN RIVER SQUARE - BILL OF SALE 2. SUMMARY STATEMENT: As recommended by the Public Works Director, thori ion to accept the bill of sale and warranty agreem135 Green River Square (aka Alderra Corp Park) y Boeing Oregon Mesabi Trust for continuous maintenance/peration of 670 feet of water main extension and rends after expiration of the maintenance periodect is located at 64th Avenue South and South 216th 3. EXHIBITS: Vicinity map 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3M i C 54TH AVE.S a 58 TH AVE. S IrdusVisl N y - � as ( =- ��m m � N � ` M Indusbisl Ro i W to m h -0-p i 64TH AVE 5 >0z, N VE --- IndustrfM F D- X 55Q ZI I ,AN— A Q GAVE A ,.� WTH AVE S .r - (WEST VALLEY RD) Y� W IV _Nv C- 7 mmo a►0 tA. LS Nnim -� $;nCN �^r r 1 Z i A 72ND AVE S C. O > 71ST D H c m E 72 od. D D � r -� h 6T11 AVE / i 76TH AVE 8 4. -- --•' -' L iAV u% _ ND a N CPI 135 GREEN RIVER SQUARE W A industrial RC 1. SUBJECT: Kent City Council Meeting Date September 6, 1994 Category Consent Calendar SENIOR BUS - ADDITIONAL FUNDS NEEDED 2. MENT• /°' �.s recomme�nde_d� the O eration Committee on Au ust 24 1994. /¢Ppr valrequestedter y� a $20,000 budget change n ed to purchase nior activity van /1f vv approved in 1994 budget, The $20,000 is proposed to come from unreserved Capital Improvement (CIP) Fund balance. The additional funds are needed to meet ADA requirements. 3. EXHIBITS: Memo from Mayene Miller, Finance Manager to Operations Committee and memo from Lea Bishop, Facility Manager, Senior Activity Center to Mayene Miller 4. RECOMMENDED BY: Operations Committee (2-0) (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $20,000 SOURCE OF FUNDS: CIP Fund Unreserved Fund Balance 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No. 3N MEMORANDUM DATE: August 18, 1994 TO: Jon Johnson, Operations Committee Chair Christi Houser, Operations Committeemember Leona Orr, Operations Committeemem` b'err FROM: May Miller, Finance Manager �\ " SUBJECT: Additional Funds for Senior Bus The Parks and Recreation Department has requested the addition of $20,000 from unreserved CIP funds in addition to the original $40,000 funded from the CIP for the senior activity center bus. Per the attached memorandum, this additional amount is need to meet ADA requirements. Council authorization is requested for a $20,000 budget change needed to order the senior bus. cc: Jim White, Mayor Attachment .1- MM:kno Attachments MEMO TO: Mayene Miller, Finance Manager FROM: Lea Bishop Facility Manager, Senior Activity Center DATE: August 4, 1994 SUBJECT: Additional Funds Needed for Senior Bus We request that the following item be placed on the August 24 Operations Committee agenda: Add $20.000 from unreserved funds to the original CIP amount of $40,000 for the Senior Activity Center bus. This additional amount is needed to satisfy ADA requirements and related items. This includes a wheelchair lift with tie downs and strapping, a Telma Retarder braking system, and a longer wheelbase to accommodate the lift. It was originally thought that because we had a smaller van that "yas wheelchair accessible, it would not be necessary to add a wheelchair lift to the new, larger bus. However, Ken Chatwin researched the ADA laws. It was determined under Title III Requirements that "The law also imposed accessibility requirements on private companies that provide public transportation using vans, minibuses, or any other vehicle with a seating capacity of eight or more persons. In general, all new vehicles purchased or leased by such companies after August 25, 1990, must be accessible to the disabled, including people in wheelchairs." Attached are two informal quotes from Bryant Motors and Emmett Koelsch Coaches reflecting these additional costs. Thank you. cc: John Hodgson, Director c. -4d cf � `, 4G Parks & Recreation Dept. pec �° ,,Q 1<� Helen Wickstrom, Superintendent of Parks A° � d Cb e (.6-aj 40 � RRYANT MOTORS, INC. 7uly 26, 19914 Hr, jack Spencer City of Kent 5821 S 240th Kent, WA 98032 w0am cHUn SCHOOL •'iRANSII CHARTER 13USF.S Dear ,lack: This letter is in regards to our con Centeriis aon � �'mpday cingetoircc-go1 ewheelchair accessible Lus that the for the purchase of Based on the cagy of the draft 5pe=ificatlnrs that 1 havF seg" this vehicle I believe that this vehicle will cos i:' the neigliborf,Uod of $52,0�t=''•f!� There are severtil "high dollar" iters in tf,e spe^-ificetiens, Aithouai Ehey are based on the usage for this bus, tNEy indeed are very cost effective. e nsive, pu_ 29 feet. There is no way t'� sent tl't nwrter of passe,gers r:.,.-ensive, tf�e r quUSeE eent tc seat 22. pa5set'per_ Plus 2 +tii E-}rhair passen�lers ones the length of the b e The -ieima 12etard°r speCifieJ is a in s smaller bus with adequat ss.a in �• nt Ari,erlCa'7 td'i.tl� Uisabilit-ies option and building the bus to ccmgly with the 00. ACL reUuirenents will. cost appxoximateiy 45,0(10.00, Ti._s iccl_,d^sotl,�}tceet:'icair lift, the wheelchair lift door, a11d the tie dcn;ns rnri al.. a - oc-^t�d required to meet the AOA Requirements. Jack, I hof,F: this infolm6ti0n is of value yo I` y.. fc;ve at',>r c{�esl.ions, f)]ease f feel free to giva mR a call, I 8 11 Ready 1300 BRONSON WAY NO- - R,NTON WASHINGTON 96055 S�Rl2E-".Ott.) v .jam/i�J /x.51/90 GS )t, l2 t"� P '7L)pn. l i n Z -CL(- ' C )T /l�-imp+'��J .�U - /J c � L� �C'l 4�f�/ yzi-r> • �?��I'� fir l/�, G�%� /b _ Q ! sL.6 S r`�E .Un7�7�� •�/ Ao �� %�i1o�/fir •� v ��i �cl !4`aQ• �•l7ctlrz CJ�L�"ao�.. / (- ALJ fl �J S l� C� .� �• `f r> �'�Ccll✓//I%t�r�.Q� C� ,f'l�r��iir.f'�" .:rJ�*" �JC��i �• %moi ��L:) ;;�-��., i� � ��'� _ ��/� ='� • I O . ..... .......... . i 1 1,13 0 -60 Kent City Council Meeting Date September 6, 1994 Category Other Business 1. SUBJECT: LID 345 - S. 218TH STREET � SET PuBbie HEARING DATE 2. SUMMARY STATEMENT: A resolution has been prepared calling for the formation of LID 345 - S. 218th Street Improvements (East Valley Highway to SR 167) and setting the public hearing da;ti- for October 4th. 3. EXHIBITS: Resolution, Public Works Director Memorandum, Public Works Minutes, Vicinity map and colored photos 4. RECOMMENDED BY: Public Works Committee (2-1) (Committee, Staff, Examiner, Commission, etc.) 5 RN VA UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember ;kytA "- ` moves, Councilmember LL)0-fl6�-J seconds adopt Resolution No./4 03 calling for the formation of LID 345 S. 218th Street Improvements, and setting the public hearing for October 4th. DISCUSSION: ACTION: eY Council Agenda Item No. 4A CITY OF KENT, WASHINGTON RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, declaring its intention to order the widening of South 218th Street from the East Valley Highway east to SR 167, including water and sewer stub extensions to unserviced property, and to create a local improvement district to assess a part of the cost and expense of carrying out those improvements against the properties specially benefited thereby; and notifying all persons who desire to object to the improvements to appear and present their objections at a hearing before the City Council to be held on October 4, 1994. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, as follows: Section 1. It is the intention of the City Council of the City of Kent, Washington, to order the improvement of the properties within the area described in Exhibit A, attached hereto and by this reference made a part hereof, by the widening of South 218th Street from the East Valley Highway east to SR 167, including water and sewer stub extensions to unserviced property, as described in Exhibit B, attached hereto and by this reference made a part hereof. All of the foregoing improvements shall be in accordance with the plans and specifications therefor prepared by the Director of Public Works of the City and may be modified by the City as long as that modification does not affect the purpose of the improvements. Section 2. The total estimated cost and expense of the improvements is declared to be $1,181,160.86 and approximately $1,164,620.59 of that cost and expense shall be borne by and assessed against the property specially benefited by the 0143981.02 improvements to be included in a local improvement district to be established embracing as nearly as practicable all the property specially benefited by the improvements. Actual assessments may vary from estimated assessments as long as they do not exceed a figure equal to the increased true and fair value the improvements add to the property. Section 3. The City Clerk is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed local improvement district by mailing such notice at least 15 days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the rolls of the King County Assessor at the address shown thereon, as required by law. This resolution also shall be published in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least 15 days prior to the date fixed for the public hearing. Section 4. All persons who may desire to comment in support of or object to the improvements are notified to appear and present those comments or objections at a hearing before the City Council to be held in the Council Chambers in the City Hall in Kent, Washington, at 7:00 p.m. on October 4, 1994, which time and place are fixed for hearing all matters relating to the improvements and all comments thereon or objections thereto and for determining the method of payment for the improvements. All persons who may desire to comment thereon or object thereto should appear and present 0143981.02 -2- their comments or objections at that hearing. Any person who may desire to file a written protest with the City Council may do so within 30 days after the date of passage of the ordinance ordering the improvements in the event the local improvement district is formed. The written protest should be signed by the property owner and should include the legal description of the property for which the protest is filed and that protest should be delivered to the City Clerk. Section 5. The City's Director of Public Works is directed to submit to the City Council on or prior to October 4, 1994, all data and information required by law to be submitted. Passed at a regular open public meeting by the City Council of the City of Kent, Washington, this 6th day of September, 1994. Concurred in by the Mayor of the City of Kent this day of September, 1994. JIM WHITE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: W2Z� �` c D FOSTER PEPPER & SHEFELMAN Special Counsel and Bond Counsel 0143981.02 -3- EXHIBIT P_ LID BOUNDARY LEGAL DESCRIPTION LID 345 - S 218TH ST IMPROVEMENT EAST VALLEY HIGHWAY TO SR 167 Those portions of Lots 19, 20, and 25 in the plat of Shinns Cloverdale Addition to Kent, Washington, according to plat thereof recorded in Volume 6 of Plats, Page 52, records of King County, Washington,' lying westerly of the west margin of State Route No. 167 AND all of Lots 8, 11, 12, 17 and 18 in said plat AND ALSO Lot 9 EXCEPT the North 167.10 feet of the west 258 feet of said Lot 9 AND ALSO Lot 10 EXCEPT the west 276 feet of the south 248.38 feet of said Lot 10; AND ALSO that portion of the South 1/2 of Northwest 1/4 and the North 1/2 of the Southwest 1/4 of Section 7, Township 22 North, Range 5 East, W.M., in King County, Washington, being more particularly described as follows: COMMENCING at the West 1/4 corner of said Section 7; thence S 89059'28" E along the South line of said Northwest 1/4 a distance of 50.01 feet to a point on the East line of a parcel conveyed to the City of Kent for 84TH AVENUE SOUTH road purposes as recorded under Recording No. 9008061001 said point also being the POINT OF BEGINNING; thence N 10151'05" E along said line 767.80 feet to the North line of the South 767.62 feet of Government Lot 2 in said Section 7; thence S 89059128" E along said North lind 447.76 feet to the East line of the West 497.65 feet of said Government Lot 2; thence S 1015'05" W along said East line 400.15 feet to the North line of the South 10 acres of said Government Lot 2; thence S 89059'28" E along said North line 262.18 feet; thence N 1015105" E along said East line 400.15 feet to said North line of the South 767.62 feet; thence S 89059'28" E along said North line 811.85 feet to the Westerly line of a parcel conveyed to the State of Washington as recorded under Recording No. 8406291616; thence Southerly along said line by the following courses and distances: S 27002129" E 222.77 feet; S 10°57'58" E 30.41 feet; S 20421,36" E 95.02 feet; S 1°421'05" W 125.20 feet; N 88029146" E 70.00 feet +/- to the Westerly margin of said parcel; thence southerly along the westerly margin thereof to a point on the south line of said northwest quarter; thence westerly along the south line thereof to the TRUE POINT OF BEGINNING. 77039 EXHIBIT B LID 345 S 218TH STREET IMPROVEMENTS (EAST VALLEY HIGHWAY TO SR 167) STREET IMPROVEMENTS The proposed project is the widening of South 218th Street from East Valley Highway east to the creek (approximately 600 feet east of the curves). 1. a 32 foot roadway (fact of curb to face of curb) which will be a two lane road with no on -street parking. 2. Cement concrete curb and gutter on both sides. 3. Cement concrete sidewalks on both sides (5' wide). 4. Storm drainage system including biofiltration swales and stubs to adjacent properties. 5. Street lighting system (on power poles) 6. Reverse curve realignment. " 7. Cul-de-sac at east end. 8. New culvert for Garrison Creek -Valley branch. 9. Signing and channelization. la. Hydroseeding of unpaved areas. UTILITY IMPROVEMENTS Water and sewer stub extensions to unserviced property. Existing stubs will be extended from the existing right-of-way line to the new right-of-way line_ Properties involved include assessment numbers 1, 5 and 7. T7039 I, BRENDA JACOBER, City Clerk of the City of Kent, Washington, certify that the attached copy of Resolution No. is a true and correct copy of the original resolution adopted on the 6th day of September, 1994, as that resolution appears on the Minute Book of the City. DATED this day of September, 1994. Brenda Jacober, City Clerk 0143981.02 DLPAR'IENT OF PUBLIC WORKS May 24, 1994 TO: Public Works cco),v� ittee FROM: Don Wickstrom,�Director of Public Works RE: LID 345 - South 218th Street Improvements (East Valley Highway to SR 167) BACKGROUND Over the past few years there has been substantial industrial development within this project area. Unfortunately, this area is served by South 218th Street which is currently a substandard road, with a deficient reverse curve. The combination of the substandard roadway width and the too -sharp reverse curves present safety issues to both vehicles and pedestrians. Several incidents have occurred where vehicles have ended up in the road side ditches. As a result, the city can not knowingly allow the situation to be aggravated without incurring liability. As such, new developments within the LID boundary are required via the City's SEPA authority to make improvements to South 218th Street and those properties east of the reverse curves are also required to mitigate their impact on the safety issue thereat. Prior to our awareness of the safety issues, each development was limited to improving their frontage and could opt out by executing a no -protest LID participation covenant instead. This approach had two major benefits: First, the roadway would not be improved in a piecemeal manner; and second, when enough owners were obligated by the LID participation covenants, the city could pursue formation of the LID and then equitably distribute the costs for the complete roadway improvement to all the properties which benefitted. As a result numerous covenants have been executed and presently total at 74.84 percent of the preliminary LID assessments for this project. Due to the present safety issues and the undue financial burden placed in the last few remaining developable properties the Public Works Department believes now is the appropriate time to pursue the formation of this street improvement LID. As such, an informal meeting with the property owners was held. The original meeting was on October, 18, 1990, but due to wetland concerns, the project was put on hold until the City's wetland regulations were finalized. These regulations were finalized on May 18, 1993, with Council passage of Ordinance 3109. The engineering staff then evaluated the impact of wetlands on potential development within the LID and made assessment adjustment for same. Also we reviewed the original project scope for cost saving modifications after which a second property owner meeting was hld on March 23f were noti ied of the meeting 9including what thei4. All the r estimatedertyowners assessment was (see attached). PROPOSED IMPROVEMENTS reet from The proposed Highway t is the east to the widening reek (approximately 600t East Valley Highway feet east of the curves)- 1. urves).1. A 32 foot roadway (face of curb to face of curb) which will be a two lane road with no ononstreet parking. sides. 2. Cement concrete curb and gutter 3. Cement concrete sidewalks on both sides. (5' wide) em including biofiltration swales and stubs 4. Storm drainage syst to adjacent properties. ower poles). 5. Street lighting system (on p 6. Reverse curve realignment. 7. Utility stubs as required, both water and sanitary sewer. 8• Cul-de-sac at east end. 9. New culvert for Garrison Creek - Valley Branch. 10. Signing and channelization. 11. Hydroseeding of unpaved areas. PROJECT FUNDING This project is proposed to be funded 100 percent by the Local Improvement District method except for the water and the ewer Cit stubs. The water and sewer stubs will be funded initially by y• charge in lieu of assessment cwill then onnection. be established which the property owner will pay upon LID assessments: $1,164,620.59 ,810.27 6 Water fund: 6 Sewer fund:9,730.00 81 Total Project Cost $1,181,160.86 EASEMENT AND RIGHT -OF -ACQUISITION The construction of this street improvement project will require property acquisition along the length of the project in order to way needed in excess of the provide the necessary right -of - substandard 33 foot wide right-of-way now owned by the City. Slope easements and construction easements will also be required. Each property owner involved will be advised of the appraised value of these right-of-way and easement parcels during negotiations between the City and the owner. Final settlement may be either a direct payment to the owner, or it can be applied as a credit toward their LID assessment, thereby reducing their yearly payments. SUPPORT FOR LID To approve an LID, property owners with combined LID assessments representing 40 percent of the total assessment total must support the LID. Presently the owners with a combined 74.84 percent of the total LID assessments are obligated to participate in this street improvement LID via executed no -protest covenants. The final decision of whether or not to form the LID, however, will be made by the City Council. At the second informal meeting approximately 10 property owners attended. The property owners in attendance were not excited about spending the money but did not voice strong opposition to the LID. However, they did question the need for the project and were concerned that the LID proposal was triggered by the construction of Kent East Corporate Park development on the north side of S. 218th St. They also questioned the need for sidewalks on both sides and asked questions regarding the impact of the road widening on their specific parcels and existing improvements. ENVIRONMENTAL On May 12, 1994, the Kent Planning Department issued a DNS for LID 345. RECOMMENDATION Due to the safety concerns and the level of committed support (by agreement) for the project, the Public Works Department recommends proceeding with the LID formation process for LID 345. D639 DEPARTMENT OF PUBLIC WORKS July 21, 1994 TO: Public Works Committee FROM: Don Wickstromv 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 byparceluld the are hownsonth side sidewalk be the attached table. deleted. The results by p 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 of income from the reduced sale of right- of - properties. The loss ol way to the City is greater than the savings in the assessment 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 Dn4 PRESENT: PUBLIC WORKS COMMITTEE PAUL MANN TIM CLARK JIM BENNETT DON WICKSTROM JUNE 13, 1994 GARY GILL LAURIE EVEZICH MR & MRS RUST ROD BAILEY TOM GRAHAM LID 345 South 218th Street Improvements Wickstrom explained that this LID on 218th Street is a street widening project. The area is industrially zoned with an S-curve in the middle which has created some problems, particularly with the development to the east. He said there have been accidents where vehicles have gone into the ditch because it is so narrow and, large trucks need to use the entire road width to make the curves. Wickstrom said the problem as we see it, is that we can't continue to allow development east of those curves to aggravate that existing problem without eventually being drawn into some sort of lawsuit. He said we have been mitigating the development requirements to resolve the problem. He said this is an industrially served area, including what was previously Trammel Crow Industrial Park to the north. Wickstrom said we have 74% participation covenants in the project; we have re -worked this project many times initially beginning in 1990 and then when our wetland issues came up we waited until that ordinance was passed to determine what the implications would be. As a result, we are exempting those properties involved in wetlands because they are not developable. Referring to a map in the packet, Wickstrom explained we would install a cul-de-sac turnaround. He said the right-of-way is now up against the valley freeway but there is only a limited number of parcels there and to build this all the way to the freeway is more expensive. In response to Clark's question on wetlands, Wickstrom said that when properties are assessed, benefit needs to be shown. I� he - property is wetland, essentially it is undevelopable; therefore, no benefit; therefore, they shouldn't be assessed. He said we waited until that issue was resolved. Rod Bailey expressed concerns regarding losing any of his parcel. Wickstrom said the issue is, when we get to the design (we . are presently dealing with preliminary data) that is one issue we need to work out. Wickstrom said we are aware of what the problem would be in taking any of Mr. Bailey's property. In response to Clark, Wickstrom said we will be widening the road width to 32'. Wickstrom said our intent is to straighten the road out and move the S-curve to the north. Clark asked if it was necessary to have sidewalks on both sides of the road. Wickstrom said the amount of savings of not doing both sides is not significant in terms of the assessments. He said that right now, the proposal is to put sidewalks on both sides. After further discussion, the Committee agreed to defer this item to the July 25th Public Works meeting. Green Duwamish Watershed Alliance Wickstrom explained that this is an alliance with concerns about the Green/Duwamish watershed in that they are essentially trying to protect it. Wickstrom said we are asking that the resolution _ endorsing the goals of the alliance be forwarded on to Council for adoption. Committee unanimously recommended adoption of the Green/Duwamish Watershed Alliance Resolution. Kingsport Industrial Condemnation Ordinance This item was deleted from the agenda due to the absence of the City Attorney. Meeting adjourned at 5:00 p.m. PUBLIC WORKS COMMITTEE JULY 25, 1994 PRESENT: PAUL MANN TOM BRUBAKER JIM BENNETT ROD BAILEY TIM CLARK MR & MRS RUST DON WICKSTROM 0 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 swmore built-in space, even allowing for the number of utility poles hich 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 we thenorth have side e to goeunderground per road was that if our move those power poles, 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 and that for the swale; we wouldn't need to relocate the p 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 suggested that into the possibility of using the building. Mann 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. N F nn rv.+v P P br r.•rvm m OOn v m N Z O W W M 0.'.L• 0 ..P NNP.O .'. PN.00Nm rb mN N O N F N U .O P n ry O N n m r N n �. •'. 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G U l] P m N y T V 9 .•. m r1 F L✓ Y L V I. m Lt G•+^1 m9 m TTS. V Q _ � C N✓ C G Y Y E ..' A y 0 O y C' F 41 O G G 4>> m m ro A . A o 0 yg ti A A U �: a:Xa •ca W �Jmm•'] W WOC U.-1.10 .] V 7 F y a ox •+ ry n Y N .0 h m P O N V .O N m P .4Z v m L ✓ 0 O m O T ro s w p 1 ✓ L 0 O u w N b C q X A 3 m P C u ✓ G .y U 0 W 9 G > U U G 1C ... 3 U w O u U y L ' L O 9 P G m y V G O v E iJ • m G m v mL 0 CL G G m 3 T C 0 0 3 m O w r a TYt 0 T 3 w y y o P q U O U y q "• I -1 U ✓ ✓ y m L C w U 9 C C 10 ✓ G 9 y m U t'O •• m m ✓ X P m m O m m O A y L m p U 3 s u✓ g x U y Y O G G MV W 0Omw0v m.0 N w ry Y X w .✓i ~ 0 UU ; ... 0 -0 •p N C E 0'�a m G X ✓ A 6 ✓ u m v U A 'O y G y g T Y C y G a u s g 0 o u ✓ .N G 3 O .w w N y 9 1 ✓ 0 q y.a A U G P 0 ✓ m 0 0 0 W Y C w 1✓ V C.•. A G✓ p G A G ✓ ✓ L q >. m m m G a m U m 9 w 9 C U U H m A O N O C A m w m w C A m r m O m m u ro N A m .-1 U .-. A C P P✓ c U•. m .+ F ... >Y mu Y C Y O A O A G O O F.O O N F N m H X S F g I PROPOSP1-) L•1• ��- SOUTH 218TH STREET IMPROVEMENT (EAST VALLEY HIGHWAY TO SR 1671 JANUARY 27, 1994 (EAST VALLEY H ' V A`1EY FREE�/AY _ SR 167 l^� I ASB ?' � 11 I `R t t r !' rxY ti F u t it f r.»i rxY ti 5 • -i i 1 W,i$X �,*x - t Y 1 y xt x k I _ 1. SUBJECT: BECK ANNEXATION AN -94-4 Kent City Council Meeting Date September 6, 1994 Category Other Business 2. SUMMARY STATEMENT: This date has been set to meet with the initiators of the Beck Annexation, an approximately 200 -acre area located north of James Street and lying astride of 94th Avenue South (approximately 1250 feet east of 94th and 600 feet west of 94th) extending northerly to approximately South 222nd Street. Staff recommends that the Council accept the 10% annexation petition and authorize circulation of the 60% peti- tion subject to the City's existing indebtedness. 3. EXHIBITS: Staff report, vicinity maps, Notice of Intention to Commence 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. R UNBUDGETED FISCAL/PERSONNEL IMPACT: NO EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: YES 7. CITY COUNCIL ACTION: CouncilmemberL LL moves, Councilmember seconds accept the 10% Beck annexation petition and authorize cir- culation of the 60% petition subject to the City's existing indebtedness. DISCUSSION: ACTION: Council Agenda Item No. 4B . KENT CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM September 1, 1994 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: James P. Harris, Planning Director SUBJECT: BECK ANNEXATION: NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEEDINGS FROM OWNERS OF NOT LESS THAN 100-o IN VALUE OF PROPERTY ADJACENT TO KENT (AN -94-4) MEETING DATE: TUESDAY, SEPTEMBER 6, 1994 IN COUNCIL CHAMBERS WEST AT KENT CITY HALL RECOMMENDATION: Staff recommends that the Council accept the 10% annexation petition and recommends that the Council authorize circulation of the 600-o petition subject to the City's existing indebtedness. I. Names of Applicant Kenneth L. Beck 22840 96th Avenue South Kent WA. 98031 II. Location The proposed annexation is located north of James Street and lies astride of 94th Avenue South (approximately 1,250 feet east of 94th and 600 feet west of 94th) extending northerly to approximately South 222nd Street. III. Size of Proposed Annexation_ The proposed annexation is approximately 200 acres. IV. Background Information This proposed annexation lies southerly of the recently annexed Jones/Hobbs and Everson areas. There are approximately 173 dwellings and approximately 187 lots in the annexation area. The estimated population for the Beck annexation is 487 persons (Washington State estimates that there are 2.8175 persons per single family dwelling in Kent; the Beck dwellings are all single family). 1 Mayor Jim White and City Council Members Beck Annexation #AN -94-4 V. County Comprehensive Plan and Zoning The County's recently adopted Soos Creek Plan designates the Beck annexation area as single family residential with a density of 1 to 8 dwelling units per acre. The Soos Creek implementing zoning designates the majority of this area as GR -5 (Growth Reserve, 1 dwelling unit per 5 acres) and two subdivisions, each with 33 lots, as RS 7200 (one dwelling unit per 7,200 square feet). The GR -5 designation will expire on December 31, 1994 and revert to RS 7200. VI. Kent's East Hill Plan and Zoning Kent's East Hill Plan covers this area and anticipates development of 4 to 6 dwelling units per acre. Kent's zoning for the area easterly and southerly of the proposed annexation is R-1-9.6 (one dwelling unit per 9,600 square feet) and R-1-7.2 (one dwelling unit per 7,200 square feet). The Beck annexation will have an interim zoning of R1- 20 (one dwelling unit per 20,000 square feet) upon annexation; final zoning will be applied within 6 months of annexation. VII. Impacts to City Operations All City departments were contacted concerning this proposed annexation. The Fire Department states that, "Currently the area is served by King County Fire District #37 through the Kent Fire Department. Overall the department continues to experience a significant number of calls for service. While smaller annexations may not bring immediately noticeable changes, a more dense development of these areas will most certainly place added demands on the emergency service system. The immediate impact of this annexation is on the shifting of the related revenue and the responsibility for funding this areas current level of service from the Fire District to the City. As the land becomes more developed, the effects of small annexations, such as this, along with other increased development throughout the City will necessitate adding staff to maintain current service levels." 4 Mayor Jim White and City Council Members Beck Annexation #AN -94-4 The Public Works Department makes the following comments: Sanitary Sewer Service The area is presently within the City's sewer franchise area. The City's sewer system services only a portion of the entire area. Much of the area is on septic tank systems. Because the City already serves the area, the Beck annexation will have no impact on the City's sewer system. Water Service The bulk of the area is presently served by the City's water system. Only the area in the northeast corner of the annexation which abuts 222nd Street and 100th Avenue SE (approximately 20 acres) is served by the Soos Creek Sewer and Water District. Because the bulk of the area is already served by the City and the District will continue to serve the area mentioned above, there will be no impact on the City's water system. However, upon annexing the City's inside water rate will apply, and since this rate is 220 less than the outside rate, a slight revenue loss will occur. Drainage Service Once annexed, the area will be subject to the City's drainage utility service charges. This will result in additional City drainage revenue. Much of the drainage system consists of roadside ditches. Some of it is in fair condition and some of it does not drain to any visual outlet. There are also two new detention systems which are in good shape and over a mile of pipe system which, while not to our standards, is acceptable. Overall, it is anticipated that the ongoing maintenance and operation costs will be approximately $2,500 per year. The annexation will bring the South Fork and the Benson Fork of Upper Garrison Creek into the City's jurisdiction. While this will enable the City to better manage these assets, there will most likely be some associated costs and liabilities. Garbage Service The area is served by Meridian Disposal which is a Rebanco company. Under state law, Meridian will continue to service the area for 5 years. The City's spring and fall cleanup services will be available and since there has been no additional costs for the same service in other areas annexed to the City, it is expected that there will be no additional costs here. Recycling and yard waste is subject to the same 5 year provision as is garbage service. Therefore, there should be no immediate cost to the City. 3 Mayor Jim White and City Council Members Beck Annexation ##AN -94-4 Street and Traffic Pedestrian Service Annexing the area means accepting one mile of 2 lane asphalt paved street and approximately 0.64 miles of fully improved street. Although all streets are in good shape, there is about $5,600 of immediate needs related to shoulder work, vegetation control and pavement marking/traffic signs. Annual street maintenance costs, including street sweeping, are estimated to be $6,900 with overlay costs in 7 to 10 years estimated to be $103,000. Other areas of possible financial impacts relate to the City's neighborhood traffic control program, street lighting requests and road widening of 94th Avenue for pedestrian (school children) travel. The Police Department estimates that their costs in the Beck Annexation area will be in the range of $127,019. The Department also states that they do not anticipate above average calls for service and that they can absorb this particular annexation into their existing beat plans. VIII.Financial Information The assessed valuation in the Beck annexation area is $32,885,149. The total estimated revenue from the annexation area is estimated to be $150,017. The total estimated expenditures for all City services in the annexation area is $195,536. The net impact of service costs vs. revenue is a loss of $45,519. IX. Estimated Property Taxes Home Value Kent Property Tax King County Property Tax $200,000 $2,998.55 $3,037.78 $350,000 $5,247.46 $5,316.12 X. City Annexation Policies In 1987 the City Council adopted policies that deal with annexations (Resolution 1150). A review of those policies indicates that the Beck annexation satisfies their intent. a:an94.4 4 City of Kent - Planning Department APPLICATION NAME: NUMBER: #AN -94-4 REQUEST: Vicinity Map Annexation Beck DATE: September 6, 1994 LEGEND 1 Application site Railroad tracks Kent City Limits City of Kent - Planning Department APPLICATION NAME: Beck 14Ui BER: •#AN -94-4 REQUEST: Annexation opography DATE: E: September o, i 994 LEGEND Application site Railroad Tracks Kent Cit'/ Limits 1 -.IL TO: City of Kent Property Management 220 4th Avenue S Kent, WA 98032 Attn: Carol Storm NOTICE OF INTENTION TO COMMEN ANNEXATION PROCEEDINGS J U L 1 9 1994 CITY OF KENT NAME OF PETITIONER: KENNETH L. BECK CITY CLERK TO: THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON We, the undersigned, constituting the owners of not less than 10% in value, according to the assessed valuation for general taxation of the property contiguous to the City of Kent for which annexation is to be petitioned do hereby notify you of our intention to conmence annexation proceedings seeking the annexation of the following described property to the City of Kent, by circulating a petition therefore among the property owners of said area. The territory proposed to be annexed is within King County, Washington, and described as follows: Those portions of the East half of Section 18, Township 22 North, Range 5 East, W.M., in King County, Washington, lying Easterly of Kent City Limits as established under Ordinances 1262 and 1000 and lying Westerly of 98th Avenue South and lying Westerly of Kent City Limits as established under Ordinances 3127, 2703 and 1375 and lying Northerly of Kent City Limits established under Ordinances 2627, 2149 and 1003; Including all public roads therein and/or adjacent thereto; AND ALSO the Northeast quarter of the Northeast quarter of the Northeast quarter of said Section 18, EXCEPT the South 198 feet thereof; TOGETHER WITH 100th Avenue Southeast lying adjacent thereto; AND ALSO the East 13 feet of Tract 37 and all of Tracts 38, 39 and 40, Uneedan Orchard Tracts unrecorded lying within a portion of the Southeast quarter of the Southeast quarter of Section 7, Township 22 North, Range 5 East, W.M., in King County, Washington, lying South of South 222nd Street; TOGETHER WITH 100th Avenue Southeast lying adjacent thereto. ABOVE OR ATTACHED DESCRIPTION NOT TO BE USED FOR LEGAL OR ORDINANCE PURPOSES WHEREFORE, these initiating parties respectfully request the Honorable Council to set a date for a meeting with these initiating parties within 60 days from the date of filing this notice to determine whether the City of Kent will accept the proposed annexation, and whether it shall require the assumption of existing City indebtedness by the area to be annexed. M597-KT,R _7) PRINT SIGN NAME & ADDRESS IN INK WITH PROPER SIGNATURE LEGAL LOT, BLOCK DESCRIPTION & PLAT -OR TAX LOT LlizC> Z yl�}lST cdo3�-y� �. y/Q, -77 D lly UF CITY CLERKT Kent City Council Meeting Date September 6, 1994 Category Other Business 1. SUBJECT: WALNUT RIDGE FINAL PLAT FSU -90-5 2. SUMMARY STATEMENT: This date has been set to consider an application for the Walnut Ridge Final Plat. The subject property is 2.9 acres in size and is located south and west of 9631 S. 242nd Street. The Council approved the Walnut Ridge preliminary plat on March 5, 1991. / 3. EXHIBITS: Staff memo, map, ¢ity Council minutes of 3/5/91 4. RECOMMENDED BY: Starr (Committee, Staff, Ex 5. r, Commission, etc.) NO 6. EXPENDITURE REOUI-- $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: / Councilmember 1 L, move4, Councilmember YES to approve the Walnut Ridge Final Plat #FSU -90-5 with no conditions. DISCUSS ACTION: econds_` Council Agenda Item No. 4C MEMO TO: FROM SUBJECT: CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM September 6, 1994 MAYOR JIM WHITE AND CITY COUNCIL MEMBERS JAMES P. HARRIS, PLANNING DIRECTOR WALNUT RIDGE FINAL PLAT (#FSU -90-5) On March 5, 1991 the City Council approved the Walnut Ridge Preliminary Subdivision SU -90-5 an 11 -lot single family residential plat. The site is approximately 2.9 acres in size and is located south and west of 9631 S. 242nd Street. The property is zoned R1-7.2. Seventeen conditions were part of the Council's approval. The applicant has now complied with these conditions as listed below and has made an application for the final plat. Staff recommends approval of this application. A. PRIOR TO OR IN CONJUNCTION WITH RECORDATION OF FINAL PLAT: 1. The final plat mylar or linen shall show a dedication of property as common open space for the subdivision. The open space shall consist of a space which is 3 percent of the total size of the subdivision. The location should be located on Lot #1, 9 or 12 because of the significant vegetation found on the lots. The exact boundary of the dedication shall be determined by the Planning Director upon submittal of an accurate tree plan for the site. 2. The final plat mylar or linen shall bear a notation which states that development on all lots shall comply with City of Kent solar setback regulations. 3. The final plat mylar or linen shall bear a notation which states that an accurate tree plan shall be required prior to the issuance of any development permits for the lots. Further, an accurate tree plan identifying all trees with a caliper of six - inches or greater shall be submitted to the Planning Department for approval prior to issuance of any grading permits for road or other work associated with the subdivision. 4. Comply with all applicable SEPA conditions. 1 Walnut Ridge Final Plat #FSU -90-5 September 6, 1994 5. Dedicate the north 30 feet of the subject property as public right-of-way for South 242nd Street as well as the necessary property for the construction of internal streets as described in A.6. 6. Provide detailed engineering drawings, obtain City approval thereof, and either bond for or construct the following: a. Sanitary Sewer: Provide gravity sanitary sewer service to all lots. Extend as necessary to provide for future service to adjacent properties. b. Water: Extend city water to provide adequate domestic and fire flows to service all lots. Provide stub out to allow future connection with water main in South 243rd Street to loop water system. C. Provide a minimum of 50 feet of right of way with a 50 foot right-of-way radius for the cul-de-sac turn around for all internal streets. A minimum 25 foot right-of-way radius is required at all intersections. d. The interior cul-de-sac street shall be fully improved with asphalt pavement (28 feet in width), curb and gutter, sidewalks, drainage system, street lighting, street signs, underground utilities and related appurtenances. Minimum curb return radii shall be 45 feet for the cul-de- sac and 25 feet for all other intersections. e. Improve South 242nd Street from 96th Avenue South to the east property line of proposed lot #1 to provide a half street asphalt paved roadway of 16 feet (south half) with curb and gutter, sidewalks, street lighting, drainage system, underground utilities and related appurtenances. Further, the north half shall be reconstructed to include a minimum 12 foot asphalt paved roadway lane meeting minimum city standards. Reconstruct South 242nd Street from the east property line of proposed lot #1 to 98th Avenue South to 24 feet in width centered on the right-of-way centerline of South 242nd Street with asphalt pavement, drainage system and five foot wide asphalt shoulder centered on the right of way centerline of 242nd Street. f. The storm drainage outfall and biofiltration swale discharges onto adjacent property which is presently being subdivided and named Walnut Grove. The owner/developer of the plat shall construct the necessary off-site 2 WALNUT RIDGE FINAL PLAT (#FSU -90-5) September 6, 1994 Walnut Ridge Final Plat #FSU -90-5 September 6, 1994 storm systems to convey runoff from the subject site and shall provide to the City all necessary easements for conveyance, construction, access, and maintenance of the bioswale and storm line. 7. Revise site plan to reflect the following changes: a. Rename 96th Avenue South to 96th Place South b. Rename South 243rd Street to South 242nd Court 8. Clearing and grading of the site shall not begin until these activities are completed for the Walnut Grove subdivision. This condition is intended to lessen the noise impacts of heavy equipment on the surrounding residences that might otherwise result from concurrent activities on the Walnut Ridge site. B. PRIOR TO OR IN CONJUNCTION WITH THE ISSUANCE OF A DEVELOPMENT PERMIT ON ANY LOT: 1. Complete the construction of all improvements required as SEPA conditions and plat conditions. 2. Comply with City standards for all street identification signs and shall obtain approval from the City prior to installation. 3. A sight -screening fence shall be constructed along the southern property line to help mitigate the impacts of site development on adjacent residential uses. JPH/aq: mp: c: fsu90-5 . fp N Z 30 1 30V '39'8 `NZZ'2 '6l 'Ogg 'f/l AN :nV0 W9=,1 :31YOS ILOE6 'ON BOf 6840-15Z (90Z) ZEO96 "x ';.x 901-6 '.3S '73 4[061 'S 5299 -Jul '7sam7�7-tolr-,aULTUD FF J 0 0 a s F C O V � y C c J O c U J 6 c - 5 <W z 0 W N p~ p �O n z JCr- wp Kp io �; r� ous N� W LL WzoW o 3 2V1 —b WV O_W OV1ry 4m.- 2 W SW On ?70 z 2 nJ� Z = ryN� O O_ -zea pn op �� imm o_ <<= w O wo W Cw <0J iwi. ww= Sw -w OO ww0 OW 2N JmWv1 Z ¢ N b OwC O OHC �mmZ ��Z,) WO m,\ FN NOIa/I N NDN nr ZW..m- HONG Z m ¢pW\bW 'm UCiOU Z'_ ufQ O wgON Ur' = C 01-0 O Oro ¢NXW Y Zz it }oiWpy w'r;4 w�.323 3 wF3o;WNF. W `¢gig 6COQ^ .'-gN -=y1„�vtp OO O O�LL� 2W\OW.-O2KOrmWO m2C,Jj1N yr -j0 C` mWOC VY_VIZUZ�'WNZ VIJVI Z�'N WZ- Q ztwiiz� Opwi�Wuou20 p W3i>� � zH_Z Z Z.ZCtZ�ZIAZ' E. W KO 0 3W Wt' �S`^4Z^w—CS e F A C V S ZAV grass BI'959 3.ZZ.M DON 3 Cr mI\ � J x u t= m o '3S '3AY 4W01 o I J n o m o Cn` Ar .9L'E592 n.9S.Ov. 005 r 3ia-jc v' u�W � m Q �LLUF\G p \mY;30 O Pm o O - ' L o -m= z .E2 -EG Iw wl I� v_ im O < zL N ¢ 3r�ms WI` vpi U'S'3AY I dC� V�m�S u 39Smz I 4196 OZO �=U�C os z N 22K Y3V r 2W al .SIS '9S9 �' i ^ ¢ o 11-- w ZNW�OWW Y r I.. Nmrd W d mm _ `.' m �• OI - .vL"9192 3.20. 90. LON FW -I `o 'S '3AY GUZ6 1 I 9S9 - Q H< 3.5[.10. ION - - Cn` Ar 3ia-jc Q �LLUF\G p O OWZWw Oi= mom' Lozpz0:- ml• ' L o .E2 -EG Iw wl I� v_ ¢ 3r�ms � jNx <n dC� V�m�S I OZO �=U�C N 22K Y3V r 2W ^ W W `.' W 3uViU UO WYC,r FW -I `o G CO�OLL= m2 Q H< SWU U= O mO � O t V 3OZ �ONti W cZoo�G Na �� WI F z U 3Zi tr �owo=� Wgo ��o C o z Z CzN�<toio UOVNNy� �iw pO< O!!=W ¢ L 2 i 2< � C O 7 2 O > rr�WWmC C z5~m�S 1uN` Ztw. i= WN3 Sn: Q U W j o 0 4VY Y � (/) NC3U4 �iU C GO> a< -0z < ocsp� =o cl rl WCJ JN = CNP J/t z_ - �i¢OrOLLI Z �oiOW_3o OF - Z�ZfZALLZr ZV<rC <W OU +wpV JY mJ_ a2_ tet' w .L2'65i M.ZZ.6S. 005 .66'6 .2E6L I. t Im I = In • I 3,95.40. OD9 1S'6'~Zei OS Jz ¢JNCOv<If. L� �LLUF\G p O OWZWw Oi= mom' Lozpz0:- ml• ' L o .E2 -EG Iw wl I� 409 ` .9S"fiE S9 LA / =.�°-L- - - - -- n3 ALILLfI .Lf 20'OE _ .69 LIT _ .2B'09[ Z>'92E 3.51.[0.[0. ]S March 51 1991 ANNEXATION (OTHER BUSINESS - ITEM 4E) (ADDED ITEM) ,john Kieffer, 11048 S.E. Annexation. received a Notice of In East Hill that he'has s from 274th, noted an ex- tention to Commence Annexation Psskeddfor Works Department andex lained that the the Pub lic City Engineer Gill P forms planation. ended that new bf filled Legal Department has recomm hic boundary containing a general geograp the previous forms did not include any out, since is a standard ag He noted that itutility service boundaries. one who requestsLubovich clar- ment and that any City Attorney is asked n it. annexation ified that there is not currently- way. n Harris, Gill and Lubovich a - process under Kieffer to answer his ques- greed to meet with Mr. ITEM 4A) SU -90-5. (OTHER BUSINESS Subdivision No PRELIMINARY Walnut Rid e Prelimina will consider the Hearing of an ap_ SUBDIVISION This meeting a roval Curran, of conditional approval recommendation W. Graef and relim- plication by single-family residential P Sr. for a 12 -lot The property is located south 242nd Street, Kent, Washing- inary subdivision. and west of 9631 So•COmments from the audience. ton. There were no t the findings of the Hear- accep Examiner's rac- ing MOVED to adopt the Hearing of the ing Examiner, approval with 17 conditions Sroval , h lot single-family ommendation°No PP White second - Walnut Ridgesubdiviscn. residential preliminary ed and the motion carried. ITEM 3H) SU -90-1. AUTHOR- FINAL PLAT (CONSENT CALENDAR ublic meeting Final Plat No. Garrison Creek II 1991 for a P IZATION to set March 19, Final plat. map lis Garrison Creek4II acres in size and to consider approximately So. 218th Street at located south side of located °n south. 95th Place CALENDAR - ITEM 3G) TZATION to accep� (CONSENT Grant. AUTHOR_ artmen�� DEPT. OF Wetlands Education ton State Dep as ECOLOGY an $g 00o grant from Washing W, a $1,200 match from the City, of Ecology the Planning Committee. This recommended by 7 C�� kin �I�`� U� Kent City Council Meeting Date September 6, 1994 Category Other Business 1. SUBJECT: MORFORD GLEN PRELIMINARY PLAT SU -94-1 2. SUMMARY STATEMENT: This date has been set to consider the Hearing Examiner's recommendation for conditional approval of an application by Ron Morford for a 7 -lot single family resi- dential preliminary subdivision. The property is located west of 94th Place S., at approximately S. 216th Place (extended). Lp l Fid �y CA -A- Gi c L 6 nit �Ge� Ce -c L�J� 019 4. 5 No VM EXHIBITS: Staff memo, Findings and Recommendations, and preliminary plat map RECOMMENDED BY: Hearing Examiner, 7/27/94 (Committee, Staff, Examiner, Commission, etc.) UNBUDGETED FISCALJPERSONNEL IMPACT: NO YES EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: CITY COUNCIL ACTION: Councilmember L^ moves, Councilmember tJkz_� seconds to accept/ the findings of the Hearing Examiner and to adopt/ the Hearing Examiner's recommenda- tion of approval with seventeen (17) conditions of the Morford Glen No. SU -94-1 seven -lot single family residential preliminary subdivision. DISCUSSION: ACTION: Council Agenda Item No. 4D . KENT CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM September 6, 1994 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: MORFORD GLEN PRELIMINARY PLAT #SU -94-1 On July 13, 1994 the Kent Hearing Examiner held a public hearing to consider a request by Ron Morford for a 7 -lot single family residential preliminary subdivision. The property is approximately 3.74 acres in size, and is located west of 94th Place S., at approximately S. 216th Place (extended), Kent, Washington. On July 27, 1994 the Hearing Examiner recommended approval of this preliminary subdivision wiht the following conditions: A. PRIOR TO OR IN CONJUNCTION WITH RECORDATION OF FINAL PLAT: Comply with any applicable conditions related to the original Short Plat of Orchard Acres. 2. Comply with SEPA conditions in the MDNS (#ENV -94-9) dated May 5, 1994. 3. All necessary right-of-way for S.216th Place shall be dedicated and the subdivider shall acquire and deed to the City (as provided in Mitigated Determination of Nonsignificance condition #3) all right-of-way necessary to construct the 35 -foot radius curb returns, with sidewalks and utility strips, at the intersection with 94th Place S. 4. Gravity sewer service shall be provided to all lots. 5. City water service shall be provided to all lots. The size of the water main extensions shall be in accordance with City construction standards. 6. The delineated boundary of the wetland, the associated buffer, and the buffer setbacks shall be denoted on the face of the plat map. 7. The subdivider shall grant any necessary drainage easements along Garrison Creek (modification of Mitigated Determination of Nonsignificance condition #8). 8. The subdivider shall provide shall provide the on-site detention and water quality treatment (modification of Mitigation Determination of Nonsignificance condition #9). Morford Glen #SU -94-1 September 6, 1994 9. The preferred location for the stormwater detention pond and biofiltration swale is within a tract dedicated to the City. If this is not feasible, appropriate easements, as determined by the Public Works Department, must be granted to the City. 10. Storm drain stubs shall be provided to all lots and all roof drains form the proposed residences (modification of MDNS condition #9). 11. Building setback lines from the existing sanitary sewer shall be denoted on the face of the plat map. The building setback lines shall be adequate as determined by the Public Works Director to enable the reconstruction of the existing sanitary sewer system. 12. The subdivider shall provide engineering drawings to the Public Works Department for review and approval of all of the improvements identified in the above conditions and shall either construct or bond same. 13. The subdivider shall grant to the City all easements necessary for the operation and maintenance of the improvements described herein and also shall provide easements necessary for utility service to be provided to the individual lots in this subdivision. These easements shall be approved by the Public Works Department. 14. Prior to or in conjunction with the issuance of any building permit on any lot within this plat, construct all improvements noted in the above conditions. 15. The subdivider shall dedicate five (5) percent of the total area of the proposed for public parks and open space, or pay a fee -in -lieu of dedication as set forth in Ordinance No. 2975. If an area within the plat is to be dedicated, this may be administratively approved as long as the number of building lots is not increased and all building lots meet applicable standards. If the area to be dedicated is located off-site, it shall meet all requirements of Ordinance No. 2975 and may be administratively approved. 16. Wood stoves shall not be permitted. Wood burning fireplaces, which shall not be the primary source of heat, may be installed. 17. Development on all lots shall protect solar access to properties to the north of each lot according to the calculations identified in the Kent Zoning Code, Section 15.08.234. JPH/mp: c: su932. cc Fa I N 131' V7! 57" F- 14 14 t+ U �0 80.3Z" 1,16 l Z.co 359.971 go, 3z' 80. 3Z' \ �o NO 000 30 �Z.AoI I 30 5 Sq° �6' 15"W 309.03' MORFORD GLEN PRELIMINARY PLAT #SU -94-1 Tj A L E -x t %-r ems ► � SCALE = i n = -66' Ls&)�L CfL�T r LoZ' 1 y F KEMT S t4a P�� ?LAT 5P-ct3-6; %Ktcoow NO, 930e)2 8o-7 17 NW 1/4 5E V4 i 51 # `T' ZZN � f�.5 f. W.rl CITY OF dW L LS u"�PYIICC�':a FINDINGS, CONCLUSIONS AND RECOMMENDATION CITY OF KENT OFFICE OF THE LAND USE HEARING EXAMINER (206) 859-3390 Theodore P. Hunter Hearing Examiner FILE NO: MORFORD GLEN #SU -94-1 APPLICANT: Ron Morford REQUEST: A request to subdivide 3.74 acres into seven residential lots. LOCATION: The subject property is located west of 94th Place S., at approximately S. 216th Place (extended). APPLICATION FILED: March 4, 1994 DETERMINATION OF NONSIGNIFICANCE ISSUED: May 5, 1994 MEETING DATE: July 13, 1994 RECOMMENDATION ISSUED: July 27, 1994 RECOMMENDATION: APPROVAL with conditions STAFF REPRESENTATIVE: Fred N. Satterstrom, Planning Department Lyn Keenan, Consulting Planner Chief Angelo, Fire PUBLIC TESTIMONY: Paul Morford, owner Ron Morford, applicant WRITTEN TESTIMONY: None EXHIBITS: 1) Hearing Examiner file INTRODUCTION After due consideration of all the evidence presented at public hearing on the date indicated above, and following an unaccompanied personal inspection of the subject property and surrounding area by the Hearing Examiner at a time prior to the public 1 Hearing Examiner Recommendation Morford Glen #SU -94-1 hearing, the following findings, conclusions and recommendation are entered by the Hearing Examiner on this application. FINDINGS The owners of the property proposed for subdivision are Paul and Carol Morford. The applicant was represented at the public hearing by Mr.Ron Morford. 2. The property proposed for subdivision is located west of 94th Place South at approximately South 216th Place (if extended). 3. The property is 3.74 acres. The applicant proposes seven lots with the smallest lot of 12,000 square feet. 4. The property is zoned R1-12, Single Family Residential and is designated as SF, Single Family, on the Valley Floor subarea Comprehensive Plan map. 5. Land use all around the property proposed for subdivision is single family residential. 6. There are several significant trees of 6 -inch caliper or greater on the property. 7. Traffic impacts associated with the proposed development are 7 PM peak hour trips. The street system impacted by the proposal includes 94th Place South which is classified as a residential collector with an average daily traffic count of less than 1,000 vehicles per day. 8. The City of Kent water system and sanitary sewer system can be extended to each lot. Stormwater mitigation measures were applied as conditions to the issuance of a Determination of Nonsignificance. A retention pond and biofiltration swale are part of the stormwater drainage plan. 9. The environmental review for this application resulted in a conclusion by the City's Responsible Official that the project has no probable significant adverse impacts on the environment that cannot be mitigated. A Mitigated Determination of Nonsignificance (MDNS) was issued for the proposed subdivision on May 5, 1994. It was not appealed. The conditions of mitigation address several areas of environmental concern including traffic impacts, erosion control, stormwater detention facilities, and a residential sprinkler system. 2 Hearing Examiner Recommendation Morford Glen #SU -94-1 9. At the public hearing, the Planning Department recommended approval of this application subject to specific conditions. No one presented any evidence in opposition to the proposed subdivision. However, the applicant and his representative did raise several concerns about the proposed conditions. Specifically, the applicant noted the access road is not greater than 12% grade; rather it is the public street that exceeds the threshold where the fire department requires a sprinkler system. The applicant also questioned the viability of a traffic mitigation agreement and stated it increased the cost of housing without certain benefit. The applicant stated he did not disagree with the proposed conditions, but was concerned about their impact on the cost of housing. The applicant's representative expressed concern with recommended condition #3. He questioned whether the city intended to change the SEPA condition that addressed the same area (width of streets and cul-de-sacs). He also raised concerns with proposed condition #17 in that materials are not always available to distribute. The City responded that it did not intend to alter the SEPA conditions and that it had no objection to deleting condition #17 in that there are now other methods of informing the public about safe hazardous waste disposal (city Special Recycling Collection Events). CONCLUSIONS The Hearing Examiner has jurisdiction to hold a public hearing on this application; to consider all evidence presented at the public hearing; and, based on that evidence, to present a recommendation to the City Council to approve, disapprove or approve with conditions the preliminary plat application. KCC 12.04.360, KCC 2.32.090. 2. Notice of the public hearing on this application was properly given in accordance with applicable state statutes and city ordinances including Chapter 58.17 RCW and KCC 12.04.360. 3. The recommendation of the Hearing Examiner must be supported by the evidence presented, as stated in the Findings of Fact of this recommendation, and must be consistent with the standards and criteria for review specified in state statutes and city ordinances. 4. Standards and criteria for review of preliminary plat applications are found in Chapter 12.04 of the Kent City Code (KCC) and Chapter 58.17 of the Revised Code of Washington (RCW). These review criteria include: 3 Hearing Examiner Recommendation Morford Glen #SU -94-1 (a) KCC 12.04.020 which provides that the purpose of the city's subdivision regulations is to: provide rules, regulations, requirements, and standards for subdividing land in the City of Kent, ensuring that the highest feasible quality in subdivision will be attained; that the public health, safety, general welfare, and aesthetics of the City of Kent shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be ensured; that proper provisions for all public facilities (including circulation, utilities, and services) shall be made; that -maximum advantage of site characteristics shall be taken into consideration; and that conformance with provisions set forth in the City of Kent Zoning Code and Kent Comprehensive Plans shall be ensured. (b) KCC 12.04.330 which specifies eight requirements that must be shown on the preliminary plat map including appropriate names and dates, proposed platted property lines, contours and elevations, proposed public service areas, square footage calculations for developed and open space, dimensions of each lot, statements of soil type and drainage conditions, a description of existing land cover, and a description of wildlife present. (c) KCC 12.04.370 which requires a written statement from the Seattle - King County health department as to the general adequacy of the proposed means of sewage disposal and water supply. (d) KCC 12.04.430 which provides for the protection of valuable, irreplaceable environmental amenities so that urban development may be as compatible as possible with the ecological balance of the area including preservation of drainage patterns, protection of ground water supply, prevention of erosion and preservation of trees and natural vegetation. (e) KCC 12.04.440 which specifies requirements for utilities including sanitary sewers, a proper drainage plan and a proper water distribution system. (f) KCC 12.04.450 which requires due consideration to the allocation of public service usage areas and due regard for all natural features including large trees, water courses, historical spots and other community assets that would add attractiveness and value to the property. 0 Hearing Examiner Recommendation Morford Glen #SU -94-1 (g) KCC 12.04.490 which provides for mitigation of any adverse effects of development upon the existing park and recreational facilities in the City of Kent. (h) RCW 58.17.110 which requires an inquiry into the public use and interest proposed to be served by the subdivision and a determination "that appropriate provisions are made for public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school." 5. Based on the Findings of Fact specified above, and with the specific conditions recommended below, the Examiner concludes that this preliminary plat application is consistent with the standards and criteria of applicable state statutes and city ordinances and should be approved. RECOMMENDATION The Examiner recommends that this preliminary plat application be APPROVED subject to the following conditions: A. PRIOR TO OR IN CONJUNCTION WITH RECORDATION OF FINAL PLAT: 1. Comply with any applicable conditions related to the original Short Plat of Orchard Acres. 2. Comply with SEPA conditions in the MDNS (#ENV -94-9) dated May 5, 1994. 3. All necessary right-of-way for S.21 6th Place shall be dedicated and the subdivider shall acquire and deed to the City (as provided in Mitigated Determination of Nonsignificance condition #3) all right-of-way necessary to construct the 35 -foot radius curb returns, with sidewalks and utility strips, at the intersection with 94th Place S. 4. Gravity sewer service shall be provided to all lots. Hearing Examiner Recommendation Morford Glen #SU -94-1 5. City water service shall be provided to all lots. The size of the water main extensions shall be in accordance with City construction standards. 6. The delineated boundary of the wetland, the associated buffer, and the buffer setbacks shall be denoted on the face of the plat map. 7. The subdivider shall grant any necessary drainage easements along Garrison Creek (modification of Mitigated Determination of Nonsignificance condition #8). 8. The subdivider shall provide shall provide the on-site detention and water quality treatment (modification of Mitigation Determination of Nonsignificance condition #9). 9. The preferred location for the stormwater detention pond and biofiltration swale is within a tract dedicated to the City. If this is not feasible, appropriate easements, as determined by the Public Works Department, must be granted to the City. 10. Storm drain stubs shall be provided to all lots and all roof drains form the proposed residences (modification of MDNS condition #9). 11. Building setback lines from the existing sanitary sewer shall be denoted on the face of the plat map. The building setback lines shall be adequate as determined by the Public Works Director to enable the reconstruction of the existing sanitary sewer system. 12. The subdivider shall provide engineering drawings to the Public Works Department for review and approval of all of the improvements identified in the above conditions and shall either construct or bond same. 13. The subdivider shall grant to the City all easements necessary for the operation and maintenance of the improvements described herein and also shall provide easements necessary for utility service to be provided to the individual lots in this subdivision. These easements shall be approved by the Public Works Department. 14. Prior to or in conjunction with the issuance of any building permit on any lot within this plat, construct all improvements noted in the above conditions. R Hearing Examiner Recommendation Morford Glen #SU -94-1 15. The subdivider shall dedicate five (5) percent of the total area of the proposed for public parks and open space, or pay a fee -in -lieu of dedication as set forth in Ordinance No. 2975. If an area within the plat is to be dedicated, this may be administratively approved as long as the number of building lots is not increased and all building lots meet applicable standards. If the area to be dedicated is located off-site, it shall meet all requirements of Ordinance No. 2975 and may be administratively approved. 16. Wood stoves shall not be permitted. Wood burning fireplaces, which shall not be the primary source of heat, may be installed. 17. Development on all lots shall protect solar access to properties to the north of each lot according to the calculations identified in the Kent Zoning Code, Section 15.08.234. Dated this 21 st day of June, 1990 4p_�� ?a -A 404 THEODORE PAUL HUNTER Hearing Examiner APPEALS FROM HEARING EXAMINER DECISIONS. Request of Reconsideration Any aggrieved person may request a reconsideration of a decision by the Hearing Examiner if either (a) a specific error of fact, law, or judgment can be identified or (b) new evidence is available which was not available at the time of the hearing. Reconsideration requests should be addressed to: Hearing Examiner, 220 Fourth Avenue S., Kent, WA 98032. Reconsiderations are answered in writing by the Hearing Examiner. Notice of Right to Appeal The decision of the Hearing Examiner is final unless a written appeal to the Council is filed by a party within 14 days of the decision. The appeal must be filed with the City Clerk. Usually, new information cannot be raised on appeal. All relevant 7 Hearing Examiner Recommendation Morford Glen #SU -94-1 information and arguments should be presented at the public hearing before the City Council. A recommendation by the Hearing Examiner to the City Council can also be appealed. A recommendation is sent to the City Council for a final decision; however, a public hearing is not held unless an appeal is filed. c:su941.fin Kent City Council Meeting Date September 6, 1994 Category Other Business 1. SUBJECT: HARVEY FINAL PLAT FSU -90-13 2. SUMMARY STATEMENT: This date has been set to consider an application for the Harvey Final Plat. The subject property is 2.25 acres in size and is located north of S. 252nd Street, between 22nd Avenue S. and 25th Avenue S. Council approved the Harvey preliminary plat on September 18, 1990. 3. EXHIBITS: Staff memo, map, City Council minutes of 9/18/90 4. RECOMMENDED BY: Staff (Committee, Staff, Examiner, Commission, etc.) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember 'Z moves, Councilmember seconds �to Prov--e--t-ha-Harvey nal Pkat #-MU-90 3 wibh no conditions. DISCUSSION: ACTION• Council Agenda Item No. 4E CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM September 6, 1994 MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: HARVEY FINAL PLAT #FSU -90-3 On September 18, 1990 the City Council approved the Harvey Preliminary Subdivision SU -90-3, a 10 -lot single family residential plat. The site is approximately 2.25 acres in size and is located north of S. 252nd Street, between 22nd Avenue S. and 25th Avenue S. The property is zoned R1-7.2. Fourteen conditions were part of the Council's approval. The applicant has now complied with these conditions as listed below and has made an application for the final plat. Staff recommends approval of this application. A. Prior to recordation of the final plat: 1. Provide detailed engineering drawings, obtain City or appropriate utility district approval of those drawings, and bond for or construct the following: a. necessary water system improvements to provide adequate domestic and fire flows to all lots as approved by Water District #75; b. necessary sewer system improvements to provide gravity sanitary service to all lots as approved by Midway Sewer District; C. on site storm drainage facilities (with necessary easements that may cross the subject property from adjacent properties) to drain all roadways and lots (including off-site tributary areas) which shall be constructed to incorporate detention as well as biofilitration (a minimum 200 foot long biofilitration swale with maximum 3 to 1 side slopes will be required); 2. Dedicate the south 30 feet of the subject property for S. 252nd Street right-of- way. 3. Dedicate the necessary right-of-way for full street improvements on proposed 23rd Court including a minimum 50 foot right-of-way width with a 50 foot radius cul-de-sac and 25 foot radius curb returns at the intersection with S. 252nd Street. Harvey Final Plat i#FSU-90-3 September 6, 1994 4. Provide notations on the final plat mylar or linen that: a. development on all lots must comply with Kent solar setback requirements; b. an accurate tree plan is required prior to the issuance of any development permits on the lots; C. access to all lots shall be limited to the cul-de-sac (proposed 23rd Court S.). d. provide half -street improvements for the entire property frontage of S. 252nd Street. Improvements shall include a half -street pavement width of 18 feet with curb and gutter, sidewalks, storm drainage, street lighting, underground utilities and related appurtenances. The asphalt surfacing of the new section must be properly feathered to the existing asphalt pavement. A partial overlay of the south half of S. 252nd Street may be necessary to properly feather the asphalt surfacing of the new section to the existing asphalt pavement. e. provide full street improvements for 23rd Court South including curb and gutter, sidewalks, asphalt pavement 28 feet curb to curb with a 45 foot radius cul-de-sac, street lighting, street signs, storm drainage, underground utilities, and related appurtenances. B. Prior to the issuance of any grading permit for road work or other work associated with the proposed subdivision, the applicant or owner must receive approval by the Planning Department of an accurate tree plan identifying all trees with a caliper of six inches or greater. C. Prior to the issuance of any grading permit, the applicant or owner must consult with surrounding property owners to help assure that any excavation work will not adversely impact drainage of surrounding properties. D. Prior to or in conjunction with the issuance of a development permit for any lot, the applicant or owner must construct the improvements identified in Section A, above. JPH/mp:c:FSU903.cc 2 September 18, 1990 ^TREETS (CONSENT CALENDAR - ITEM 3E) 228th Street Acquisition. AUTHORIZATION to trans- fer $20,000 from the West Valley Highway Improve- ment Fund to the 228th Street Acquisition Fund for right-of-way acquisition as recommended by the IBC, Public Works and Operations Committee. (CONSENT CALENDAR - ITEM 3F) LID 331 240th Street Improvements__ ACCEPT as complete the contract with R.W. Scott Construction for LID 331, 240th Street Improvement Project, and release of the retainage after receipt of the nec- essary releases from the state. TRAFFIC (BIDS - ITEM 5A) CONTROL Signal Modifications - 84th Ave. S. & S. 208th St Bid opening was September 7 with two bids receiv- ed. The low bid wassubmitted by Totem Electric in the amount of $43,258. Staff recommends that this bid be accepted. WHITE SO MOVED. Woods seconded and the motion carried. FAUS (CONSENT CALENDAR - ITEM 3D) FUNDING FAUS Funding Proposed Allocation Method Change. AUTHORIZATION to support the change in allocation of FAUS funding to the City from a project prior- ity basis to an allocation based on current popu- lation and for the Director of Public Works to communicate that support to the King County Pub- lic Works officials and King Subregional Council, as recommended by the Public Works Committee. PRELIMINARY (OTHER BUSINESS - ITEM 4A) SUBDIVISION Harvey Preliminary Subdivision No. SU -90-3 This meeting will consider the Hearing Examiner's rec- ommendation of conditional approval of an appli- cation by Townsend -Chastain and Associates for a 10 -lot single family residential preliminary subdivision. The property is located north of S. 252nd St. between 22nd Ave. S. and 25th Ave. S. Jim Harris, Planning Director, pointed out that Conditions A.4.d and A.4e. are incorrectly listed as notations on the final plat mylor or linen, and that they should be shown under Condition P..1 as Conditions A.l.d. and A.l.e., which are required prior to recordation of the final plat. He noted that these items provide for construction of half - street improvements on S. 252nd St. and full - street improvements for 23rd Ct. S. and they need F) September 18, 1990 PRELIMINARY to be listed under A.1 so that they will be SUBDIVISION constructed. Harris noted that Condition 4 would then include only a, b, and c. JOHNSON MOVED to accept the findings of the Hear- ing xam. er and to adopt the Hearing Examine s reco endation of approval with the correcte con- ditio s of the Harvey No. SU -90-3 10 -lot si gle family residential preliminary subdivision White Aofthe de and the motion carried. REZONE/ R B INESS - ITEM 4B) APPEAL ull per Rezone A eal. On Aug t 21, , the ity Council conducted a pu is hearing e Mins ull/Wagner Rezone Appeal RZ-90-5) the Hea ing Examiner's recomme ation for l of the applicant's request f r R1-7.2 g. After closing the hearing, the Council to modif the Examiner's re ommendation and opt R1-12 2,000 square fo t minimum lots) Z-90-5. Th Council direc ed staff to pre- conditions t mitigate tr ffic problems with ezone. Harris noted that th condi ions have been pre- pared for the alread adop ed rezone on the , Minshull/Wagner appli ti n. Martin Durkan noted tha' the conditions which the Planning Department pr red have merit but are very costly. He listg/d t e conditions as follows: 1. The developer shall econstr ct Avenue South (min',um 18-fe including the instzyllation of cu i street lights, stc m drainage, u.. related appurten ces for the er.t 'On the east s1 of 92nd Avenue asphalt paved half -street constructed. / the west half of 92nd of asphalt pavement) )and gutter, sidewalk, lerground utilities and e property, frontage. outh a 12 -foot wide in ovement shall be 2. The develope shall widen and improve 92nd Avenue South to a width of 24 -feet with a ninimu, five -£cot paved shoulder n the west side of the reet from the southerly property line to the inters ctior. of 92nd Avenue S uth/South 208th Street. 3. Thee shall install a minimum fi foot wide paved shoulder on the north side of South 00th Street from 2nd Avenue South to 96th Avenue, where n -existing paves shoulder exists. 4.Se� ure necessary permits and approvals from Kir4 County r all road improvements. \ 5. If any road grades on the subject property exc ea 12 percent, any single family residences constructed o the site shall be sprinklered. 3 rL r Ul- HA VL Y THE SW 114 OF SECTIOIV 21 Tot-VVSHIF -2 NOPTH, RANGE 4 EAST, C I , a CITY OF KENT, KING COUNTY, �,A, HTNG'ON 8 u� P 040 0�� z w 0 TL 8mxo, 0 60z:! - wow .. 00E; �o x ouzaw i Z-- 0 ff 0 15 PRIVATE 0PAINACE EASEMENF----- n�- o- to 8 74' 89 31 L , 4 .... 44 '48 95"00 116 105 00 40 0 ----------36-- --- ---- - -- ---------- 94 J1 6 5 N !�z W T "CE R CO 7-), c -0 w 7 x, 4 < w N 0 0 4 0 61 8 w w 0 3 -40Z�e�k r zz 0 -�7tVSP -56 MF-Nt u Z4 g0610 56 �1-6 �vp'll Z, ... CHAIN LINK FENCE w P X21571, CORN ')TED 0, EERTO 2LWES 0 t PRO INE ow m. 587"4 1.66 10942' �:o j-4 IS' 1.66 11 uj C7 CITY 5'CITY 0 -4 97.66' 1( F KENT 1 STORM 3 )RAJNAGEEASEMC NT . O qhw < 25� C5r. X36 ry3215HIGHLINE WATER W DISTRICT WATERLINE < 25 EASEMENT .!a ROvioa6 z S 87'44 E 102.99- 25 zryh 0 25' I 2 10 15HIGHLINE WATER DISTRICT WATERLINE rn EASEMENT 0'1NGRESS TEGRESS 8 z b, nl wpm EASEMENT 34 'L loo UTILITY Sl0419 A' 77.46' R� 7' - 75.83' o S. 252nd ST. RESTRICTIONS: 0 NO LOT OR I PORTION OF A LOT IN THIS PLAT SHALL BE DIVIDED AND SOLO OR RESOLD OR OWNERSHIP CHANGED OR TRANSFERREI OWNERSHIP OF AND PORTION OF THIS PLAT SHALL BE LESS THAN THE AREA REQUIRED FOR THE USE DISTRICT IN WHICH LOC TYPE ENTRIES, EITHER FOR ADVERTISEMENT OR BEAUTIFICATION OF THIS PLAT SHALL NOT BE PLACED IN PUBLIC RIGHT-OF- SAID IGHT-OF-SAID ENTRIES ARE PLACED OTHER THAN IN SAID RIGHT-OF-WAfS, THE RESPONSIBILITY OF MAINTENANCE AND LIABILITY :7 PLATTOR AND THEIR ASSIGNS. 2) DEVELOPMENT ON ALL LOTS MUST COMPLY WITH KENT SOLAR SETBACK REQUIREMENTS. HARVEY FINAL PLAT 97 w T� SU -90-3 Kent City Council Meeting Date September 6, 1994 Category Bids 1. SUBJECT: 112TH AVENUE WATER TANK REPAINTING 2. SUMMARY STATEMENT: Bid opening for this project was held on August 30th with five bids received. The low bid was submitted by Coatings Unlimited in the amount of $70,384.10. The engineer's estimate was $92,511.00. The project consists of painting the million gallon stand pipe both on the interior and exterior. / 3. EXHIBITS: Public Works Director 4. RECOMMENDED BY: Public Works L (Committee, Staff, Examiner, 0 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 112th ndum and vicinity map sion, etc.) NO YES 7. CITY COUNCIL ACTION: Councilmember ��' 1 t )"-"move, Councilmember �� secondg?G( that the 112th Avenue Water Tank Repainting contract be awarded to Coatings Unlimited for the bid amount of $70,384.10. DISCUSSION: ACTION: Council Agenda Item No. 5A DEPARTMENT OF PUBLIC WORKS SEPTEMBER 6, 1994 TO: Mayor & City Council FROM: Don Wickstrom, Public Works Director RE: 112th Avenue Water Tank Repainting Bid opening for this project was August 30th with five bids received. The low bid was submitted by Coatings Unlimited in the amount of $70,384.10. It is the recommendation of the Public Works Director that this bid be accepted and the contract be awarded to Coatings Unlimited. BID SUMMARY Coatings Unlimited 70,384.10 Coatings Applicators 83,661.32 Interstate Coatings 86,909.49 S & K Painting, Inc. 90,130.60 Production Finishing 193,137.00 Engineer's Estimate 92,511.00 N HILLTOP AVE AVE _ 92ND PLIi •�"t�1�4�C1.�. 93RD AVE S - N a 94TH AVE 3 = v AVES 94TH r 947 H y N i t ,L � N N � N IPvU Y v C. N y I\ N 95TH P_ N O %TH AVE S x �S- Til SAV n< A -6Tv' _ {. r N i` i t N r 4W RRY T�.�',y?�x}�'.s•.w� I i• i C ,.kn`:'.,;.�':It9: aT .. S N N N N 7 "T G 99TH AVE S a ) N N N / 1 \ _ x 1 yS -4 H � -46.1 c' AVE SE - --_* ■ GC 100TH `� AVE SE O N MSA ,� is N v co � a , rir 102ND• •Barricade <r AVE SE m J3a_. N N 103RD K SE x x 104TH AVE SE r N / 104TH K 104TH K: •�< .! N N AVE f1• H 105TH In AV Nm V, 145TH O� �VE9r 4 u nwi �� ! "' 'u Ny1 SE N �y 105TH o SE 1 S dE 8 j•> m z x �JJ, .1Oy i Z p AVE SE NN 10iDi105TH PL OCR�o m n f �� N tye J�ti qy 1 06TH eNn p/ x N N yll ` . N a N J�r w v JO� <a AVE S y �+ C rn N W xx n. N -� .s. S r y ti f� TH xA ZS S 8• -1 0, _Ni r� 1 i�90t AVI SE 108TH AVE SE N HL NT = N N N� lOSTH K SE 1087 o _ pL SE %` 0110TH 1 xt LX b m •!' y 3s .110Th AVE SE AVE SE IIOTmAlE SE Nm 3 N �1�` N v y N Hlo� Pt N N N N J y PI *A '� ♦ Al N G NNW �r // 11TH x 11TH 112TH AVE SE.\\\LIMIT 9AVE S 113T 113T r oK �w rim = u m A N nNi 3 m vW T i x ?PLS > `� r 4113TH PL E� N 1 TH NN m ©� N SE m o r 114TH K SE 114TH x 114TH L NPE W IISTHA'4� 115TH E S * 11 STH N @r 1 15TH N K SE AVE SE am E 116TH AVE None O v x z. a N < O y (n (n N G y�� l W x m y N _ O x � W y 0 �� z JE SE O 120TH AVE SE 4 Z Al �... �nXTZIO i CD 123110 112TH AVE WATER TANK REPAINTING N I AVE 1N CONTINUED COMMUNICATIONS A. R E P O R T S A. COUNCIL PRESID B. OPERATIONS COMMITTE C. PUBLIC WORKS D. PLANNING COMMITTEE E. PUBLIC SAFETY COMMITTEE F G. PARKS COMMITTEE ADMINISTRATIVE REPORTS 6 L CITY OF �Lrt? V�"Cv�, BRENDA JACOBER CITY COUNCIL PLANNING COMMITTEE July 19, 1994 5:00 PM Committee Members Present Leona Orr, Chair Jon Johnson Tim Clark Plannina Staff Jim Harris Margaret Porter Bob Hutchinson City Attornev's Office Roger Lubovich Other City Staff Other Guests GROWTH MANAGEMENT UPDATE - (Jim Harris) Planning Director Jim Harris gave a brief update on the Comprehensive Plan and EIS. The Planning Commission's first hearing will be July 25, 1995 after being in Workshops since February or March. It is a mixed use proposal. The hearing will be video taped to be viewed later on the City's cable station. The Planning Commission is having a seminar with Lyle Sumak on July 20, 1994. UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS ORDINANCE - (B. Hutchinson City Attorney Roger Lubovich explained the ordinance briefly and Bob Hutchinson, Building Official and Manager, answered a few questions. This ordinance removes provisions of the Kent City Code Chapter 15.06 which prescribes criminal penalties and establishes procedures for appeals and abatement of violations and replaces these procedures and refers to Kent City Code Chapter 1.05 for abatement of violations and enforcement primarily through civil penalties. Councilmember Jon Johnson MOVED and Councilmember Tim Clark SECONDED a motion to approve the ordinance as submitted in the agenda packet and to forward this ordinance to the Council for adoption on August 2, 1995. Motion carried. CITY COUNCIL PLANNING COMMITTEE MINUTES JULY 19, 1994 PAGE 2 ENFORCEMENT OF BUILDING CODES ORDINANCE - (B Hutchinson) City Attorney Roger Lubovich explained the ordinance briefly and passed out a copy of a few revisions on page 8. He added the word "for" was added at the end of the paragraph in Section 14.08.240 B., i.e. "misdemeanors for:". The next item four items are numbered 1 - 4. Roger said he amended the beginning word in items ##3 and #4 from the word "For" to the word "Any". This ordinance amends Chapter 14.08 of Kent City Code. It extends enforcement mechanisms for building, housing, plumbing, and mechanical codes to also address the Uniform Code for the Abatement of Dangerous Buildings, Washington State Energy, and Air Quality Codes. He said this standardizes process and procedures for enforcement of this group of related codes. Johnson MOVED and Councilmember Tim Clark SECONDED a motion to approve the revised ordinance as changed at the meeting and to forward this revised ordinance to the Council for adoption on August 2, 1994. Motion carried. ADDED ITEMS ADJOURNMENT The meeting adjourned at 4:40 p.m. PC0719.MIN PUBLIC WORKS COMMITTEE AUGUST 22, 1994 PRESENT: PAUL MANN TOM BRUBAKER TIM CLARK MR & MRS RUST DON WICKSTROM ABSENT: JIM BENNETT Wickstrom referred to a draft contract with Kent Disposal and reminded the Committee that in April of this year they had selected Kent Disposal's R.F.P.. He stated that the yard waste program would be voluntary, however there would be a service charge. The only thing we would be doing is banning yard waste mixed with the garbage. Wickstrom explained the schedule of recycling pick up and yard waste pick up times, noting that the costs for yard waste collection would differ - March - November ($7.75/month) and December -February ($3.75/ month) with an additional $1.00/month for toter rental. In response to Mann, Wickstrom said that the customer will be charged a service fee even if the customer has nothing to be picked up. Wickstrom explained however, that the customer does have an option and that this is not a mandatory program. He said that yard waste cannot be put into the garbage container. In January yard waste will not be accepted at the landfills. He said that we have to at least provide an alternative solution for the residents. As such, King County's goal is to reduce the amount of waste going to the landfill by approximately 50% in 1995 and yard waste is a major component of residential garbage presently going to the landfill. Brubaker stated that he thought the Council had already in pricinpal, voted approval on this whole thing. Clark said that when we say'recycling' we are looking at a different goal than the yard waste. Brubaker stated however, that the yard waste does get recycled, although the transaction is expensive. Wickstrom said that the yard waste program would be a big ticket item to us if we were to pick that up, Just to continue funding the recycling program has been a struggle out of the environmental fund. Wickstrom stated that he wanted the Committee to understand that the funding package presented is, living off the unincumbered fund balance of the environmental fund; that there are escalation clauses in the contract for this service which means that costs are going up; that over time will eat into the unincumbered balance. He also stated to totally finance the yard waste program and provide a free service would cost about one-quarter million dollars or more. Committee unanimously recommended accepting the recycling/yard waste contract; subject to the City Attorney and Public Works Director concurring on final language therein; adopting an ordinance ..,unending the existing ordinance banning yard waste from being included in garbage and approving the funding proposal as presented. Wickstrom stated that a pedestrian bridge overpass on James St., in the area of Kennebeck, would cost roughly about $800,000. Clark said his understanding was that the biggest cost were the ramps because of the steep grade. Clark's question was, how far up the hill do we need to go to reduce the cost. Wickstrom said that he will bring back additional information at the next committee meeting. Meeting adjourned at 5:00 p.m.